Section 22123 Of Chapter 2. Definitions From California Education Code >> Division 1. >> Title 1. >> Part 13. >> Chapter 2.
22123
. (a) "Dependent child" or "dependent children" under the
disability allowance and family allowance programs means a member's
unmarried offspring or stepchild who is under 22 years of age and who
is financially dependent upon the member on the effective date of
the member's disability allowance or the date of the member's death.
(b) "Offspring" shall include the member's child who is born
within the 10-month period commencing on the earlier of the member's
disability allowance effective date or the date of the member's
death.
(c) "Offspring" shall include a child adopted by the member.
(d) "Dependent child" shall not include the member's offspring or
stepchild who is adopted by a person other than the member's spouse.
(e) "Dependent child" under the family allowance program shall not
include:
(1) The member's offspring or stepchild who was financially
dependent on the member on the date of the member's death if a
disability allowance was payable to the member prior to his or her
death and the disability allowance did not include an amount payable
for that offspring or stepchild.
(2) A stepchild or adopted child acquired subsequent to the death
of the member.
(f) "Financially dependent" for purposes of this section means
that at least one-half of the child's support was being provided by
the member on the member's disability allowance effective date or the
date of the member's death. The system may require that income tax
records or other data be submitted to substantiate the child's
financial dependence. In the absence of substantiating documentation,
the system may determine that the child was not dependent on the
effective date of the member's disability allowance or the date of
the member's death.
(g) "Member" as used in this section shall have the same meaning
specified in Section 23800.