LawWiki
HomeCodesSearchGlossaryAPIAbout
LawWiki

Plain English summaries of California law with zero-hallucination AI. Every summary is verified against official source text.

Product

  • Search
  • Codes
  • About

Legal

  • Privacy Policy
  • Terms of Service
  • Disclaimer

© 2026 LawWiki. All rights reserved.

HomeEducation CodeDiv. 1Pt. 13Ch. 22§ 23812 Surviving Spouse Benefit Resumption

§ 23812 Surviving Spouse Benefit Resumption

Education Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 23812 Surviving Spouse Benefit Resumption

Key Takeaways

  • •If a widow or widower remarries and loses their late spouse's benefits, they can get those benefits back starting January 1, 2000, or when they apply, whichever is later.
  • •The benefits will be calculated as if they never stopped, even during the remarriage.
  • •The board doesn’t have to find or tell remarried spouses about this rule—they must apply themselves.
  • •This rule doesn’t apply to domestic partners, only married spouses.

Example

A woman’s husband dies, and she gets his pension benefits. She remarries and loses those benefits. Later, she gets divorced and wants her first husband’s benefits back.

She can apply to get the benefits again, and they’ll be calculated as if she never lost them. But she has to apply herself—the board won’t contact her.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 23812 Surviving Spouse Benefit Resumption

(a) The surviving spouse of a deceased member who previously lost entitlement to benefits prescribed by this part due to remarriage shall be entitled to resume payment of the benefits effective either on January 1, 2000, or the first day of the month following receipt by the board of a written application for resumption of benefits, whichever date is later. The amount of the benefits payable shall be calculated as though the benefits had been paid without interruption from the date of remarriage through the benefits resumption effective date. (b) The board shall be under no requirement to identify, locate, or notify a remarried spouse of a deceased member who previously lost entitlement as a result of remarriage about the resumption of benefits provided in this section. The board shall be under no requirement to provide the name or address or any other information concerning any remarried spouse of a deceased member to any person, agency, or entity for the purpose of notifying those who may be eligible for the resumption of benefits under this section. (c) Nothing in this section shall be construed to imply or interpreted to mean that the benefits addressed shall be required to be paid retroactively. (d) This section does not apply to the surviving domestic partner of a member. (Amended by Stats. 2004, Ch. 912, Sec. 14. Effective January 1, 2005.)

Last verified: January 23, 2026

Key Terms

surviving spouseremarriageresumption of benefitsretroactivelysurviving domestic partner

Related Statutes

  • § 23805 Survivor Benefits For Dependents
  • § 23809 Family Allowance Benefit Reduction
  • § 23800 Death Benefits Eligibility Rules
  • § 23801 Member Death Benefit Payment
  • § 23802 Death Benefit Payment Rules

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Education Code. Section 23812.
View Official Source