Knight

*975 Opinion

This appeal by the Board of Administration (Board) of the Public Employees’ Retirement System (PERS) from a judgment granting a petition for writ of mandate requires resolution of the conflict between Government Code section 21365.1 statutorily designating beneficiaries for “survivor’s allowance” and Government Code section 21204 under which beneficiaries are designated by a deceased employee. We conclude based upon existing authorities, the reasoning contained therein, the policy behind the legislation in question, and the legislative history, that the statutory scheme gives priority to a surviving spouse over a designated beneficiary. Accordingly, the judgment shall be reversed with directions.

Facts

Prior to her death on March 2, 1979, Elisabeth S. Blake (hereinafter the decedent) was a local miscellaneous member of the PERS by virtue of her employment as a librarian first with the Coalinga Union High School District and then for the City of Santa Paula. At the time of her death, decedent was approximately 68 years old, still employed, and eligible for retirement.

Between 1961 and 1976, decedent filed several beneficiary forms designating specific individuals…