California Education Code 23805.5 – (a) A parent claiming a benefit under Section 23805 is dependent …
(a) A parent claiming a benefit under Section 23805 is dependent if all of the following apply:
(1) The parent was receiving one-half or more of his or her support from the member for the tax year preceding the member’s death.
Terms Used In California Education Code 23805.5
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Dependent: A person dependent for support upon another.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Personal property: All property that is not real property.
(2) The parent was declared as a dependent on the income tax return of the member for at least one of the two tax years preceding the member’s death.
(3) No one else has assumed at least one-half of the parent’s support in the tax year of the member’s death.
(4) The parent has net assets of not more than twenty-five thousand dollars ($25,000), excluding his or her personal residence and personal property therein.
(b) A person claiming a benefit under Section 23805 or his or her guardian shall furnish the board a state or federal income tax return and any other evidence regarding his or her financial status as the board may require.
(Added by Stats. 1999, Ch. 939, Sec. 61. Effective January 1, 2000.)