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HomeEducation CodeDiv. 1Pt. 13Ch. 23§ 23859 Survivor Benefit Contribution Refund

§ 23859 Survivor Benefit Contribution Refund

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

§ 23859 Survivor Benefit Contribution Refund

Key Takeaways

  • •If a retired worker dies and their spouse gets survivor benefits, but the total paid is less than what the worker put into retirement, the leftover money goes to the spouse's estate.
  • •If there's no spouse but there are kids getting survivor benefits, and the total paid is still less than what the worker put in, the leftover money goes to the worker's chosen beneficiary after the kids stop getting benefits.
  • •The leftover money includes extra interest from the time the last payment was made or from when the worker died if no payments were made.

Example

A retired teacher named John dies. His wife, Mary, gets survivor benefits for a few years, but the total paid is less than what John put into his retirement. After Mary passes away, there's still some money left.

The leftover money from John's retirement, plus some interest, will be given to Mary's estate because she was his spouse.

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

Official Source
View on CA.gov

§ 23859 Survivor Benefit Contribution Refund

(a) Upon termination of a survivor benefit allowance pursuant to this chapter, if the total allowance paid or payable is less than the amount of the member’s accumulated retirement contributions at the time of death, the remaining balance of accumulated retirement contributions shall be paid to the estate of the spouse. (b) If there is no spouse, and if there is a designated beneficiary pursuant to Section 23300, then upon termination of the survivor benefit allowance payable to all eligible dependent children pursuant to Section 23852, if the total allowance paid or payable is less than the amount of the member’s accumulated retirement contributions at the time of death, the remaining balance of the accumulated retirement contributions shall be paid to the member’s designated beneficiary pursuant to Section 23300. (c) Payments provided under this section shall include credited interest on the unpaid balance calculated from the date the last survivor benefit allowance payment was made or from the date of death of the member, if no survivor benefit allowance payments were made, to the date the balance is paid. (Amended by Stats. 2009, Ch. 304, Sec. 17. (SB 634) Effective January 1, 2010.)

Last verified: January 23, 2026

Key Terms

survivor benefit allowanceaccumulated retirement contributionsdesignated beneficiarycredited interest

Related Statutes

  • § 23854 Survivor Benefit Eligibility Rules
  • § 23856 Child Survivor Benefit Payments
  • § 23858 Survivor Benefit Termination Rules
  • § 22907 Retirement Contribution Adjustments
  • § 23100 Employee Retirement Contribution Payout

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Education Code. Section 23859.
View Official Source