Forde

This mandate action against the State Controller involves the amount of death benefits payable from the Judges’ Retirement Fund to the survivors of a deceased superior court judge.

Plaintiff and appellant Forde is executor of the will of Judge Thomas Fraga, who served as judge of the Contra Costa Superior Court from 1957 until his death in February 1971. In 1969 Judge Fraga and his wife were divorced; he was awarded custody of their two minor sons. In September 1970 he filed with the Secretary of State a document designating appellant Forde as his trustee-beneficiary to receive his retirement funds if he died before retirement. The Judges’ Retirement Law provided, as it still does, a lump sum death benefit for the designated beneficiary of a judge who died befqre retirement. The lump sum benefit consists of a refund of the accumulated contributions deposited by the judge during his lifetime (Gov. Code, § 75104) plus a sum calculated by length of service but not exceeding one-half of the judge’s last annual salary. (§ 75104.5.)

In 1961 the Legislature had adopted a plan permitting a judge to provide survivor benefits for his spouse if he died before gaining retirement…