Section 22123.5 Of Chapter 2. Definitions From California Education Code >> Division 1. >> Title 1. >> Part 13. >> Chapter 2.
22123.5
. (a) "Dependent child" or "dependent children" under the
disability retirement and survivor benefit allowance programs means a
member's offspring or stepchild who is under 21 years of age and who
is financially dependent upon the member on the effective date of
the member's disability retirement 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 retirement 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 survivor benefit allowance program
shall not include 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 retirement 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 retirement or the date of
the member's death.
(g) "Member" as used in this section shall have the same meaning
specified in Section 23850.