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HomeGovernment CodeDiv. 4Pt. 3Ch. 3Art. 15.5§ 31846 Child Survivor Benefits Eligibility

§ 31846 Child Survivor Benefits Eligibility

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

§ 31846 Child Survivor Benefits Eligibility

Key Takeaways

  • •If a worker dies before retiring and was part of the system for at least 18 months straight, their kids can get monthly money if there's no spouse getting it.
  • •The kids' guardian must give up any one-time death payment for the kids to get the monthly money.
  • •The monthly money depends on how much the worker was paid before dying and how many kids they have.
  • •The monthly money is reduced by any other money the kids are already getting from other parts of the law.

Example

A dad who worked for the city for 5 years dies in a car crash. He has two kids, and his wife passed away last year. The kids live with their aunt, who is their guardian.

The aunt can choose to skip the one-time death payment so the kids can get monthly money instead. The amount they get each month depends on how much the dad was earning before he died and how many kids there are. If the kids are already getting some money from another part of the law, that amount is taken away from the monthly payment.

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

Official Source
View on CA.gov

§ 31846 Child Survivor Benefits Eligibility

Upon the death of a member prior to retirement who was a member continuously for not less than 18 months immediately prior to his death and who is survived by one or more children, during such time as no eligible spouse is entitled to a survivor’s allowance pursuant to this article, if the father or mother having custody or guardian of such child or children waives the amount, if any, payable as a death benefit pursuant to Section 31781, such child or children shall be entitled to a monthly survivor’s allowance equal to the sum, based upon the member’s compensation at the time of his death and the number of children, specified in Section 31849 minus the amount to which such children are entitled pursuant to Section 31765, 31765.1, 31781.1, 31781.2, or 31787. (Amended by Stats. 1980, Ch. 676.)

Last verified: January 22, 2026

Key Terms

allowanceretirementspousesurvivorbenefitscustodydeathemployee

Related Statutes

  • § 31845 Survivor Allowance For Spouse
  • § 31848 Parent Survivor Benefits
  • § 31850 Survivor Death Benefit Payment
  • § 31681.51 Retirement Allowance Increases
  • § 31681.52 Retirement Allowance Cost-Of-Living Adjustments

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Government Code. Section 31846.
View Official Source