Adduddell

The sole issue presented by this appeal is whether appellant, the putative spouse of a deceased police officer, is entitled to the special death benefit payable to a “surviving spouse” under Government Code section 21364.

Statement Of The Facts

The facts are undisputed. On October 2, 1966, Lieutenant Edwin A. Adduddell, sometimes referred to hereinafter as the decedent, died at the age of 42. For a period of IIV2 years prior to his death he had been a police officer employed by the City of Oxnard. During the last 15 years of his life he was a local safety member of the Public Employees’ Retirement System (hereinafter referred to as the System). As of the date of his death Lieutenant Adduddell’s accumulated contributions to the System amounted to $9,576.04.

In 1946, the decedent was married to Edna P. Adduddell. Three children were born of this marriage, two of whom were under the age of 18 years at the time these proceedings were instituted. The marriage of Edna and the decedent was dissolved by a final decree of divorce entered nunc pro tunc on April 3,1954.

Appellant, Martha Adduddell, and the decedent were married in Las Vegas, Nevada on April 13, 1954. Appellant…