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HomeEducation CodeDiv. 1Pt. 13Ch. 23§ 23856 Child Survivor Benefit Payments

§ 23856 Child Survivor Benefit Payments

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

§ 23856 Child Survivor Benefit Payments

Key Takeaways

  • •If a kid loses a parent and isn't living with the other parent, they still get money from the parent's work benefits.
  • •The money goes to the person taking care of the kid, like a guardian or the parent who has them.
  • •If the kid is 18 or older, the money can go straight to them if there's no guardian or trust.

Example

A 15-year-old lives with their aunt after their mom dies. Their dad had a job with benefits.

The money from the dad's work benefits will go to the aunt because she is taking care of the kid.

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

Official Source
View on CA.gov

§ 23856 Child Survivor Benefit Payments

(a) A dependent child who is not in the care of the surviving spouse shall be included in the calculation of the children’s portion of the survivor benefit allowance. That child’s portion of the allowance shall be paid to the guardian of the estate of the child, the natural or adoptive parent having custody of the child, or if none, then to the trustee of the trust established for the benefit of the child. (b) In the case of a dependent child who is age 18 years or older, the child’s portion of the allowance shall be paid to the guardian of the estate of the child, trustee of the trust established for the benefit of the child, or if none, then to the child. (Amended by Stats. 1996, Ch. 1165, Sec. 21. Effective January 1, 1997.)

Last verified: January 23, 2026

Key Terms

dependent childsurviving spousechildren’s portionsurvivor benefit allowanceguardian of the estatetrustee of the trust

Related Statutes

  • § 22111 Child Benefit Definitions
  • § 23806 Child Family Allowance Payments
  • § 23853 Surviving Spouse Death Payments
  • § 23854 Survivor Benefit Eligibility Rules
  • § 23858 Survivor Benefit Termination Rules

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Education Code. Section 23856.
View Official Source