The Coogan law is a
California law named for child actor Jackie Coogan. Jackie was a very
famous and busy actor in the 1920s and 1930s (adults today might know
him as Uncle Fester in the Addams Family series).
When he became
an adult, he found that despite making millions as a child, he was
broke. His mother and step-father had used his earnings, which was
legal at the time. As a result of his sad story, the original Coogan
Law was passed in California in 1939.
Today, there are
various versions of the Coogan law in effect around the nation and in
Canada. The laws mandate that a percentage of a child actor's gross
income be set aside for them in trust. In the states, the common
percentage is 15%. In Canada, it is 25% after the child has made
$5,000.
California's law is
the most far-reaching and has been updated several times, most recently
in 2004. It is the version used by most productions in the
entertainment industry. For this reason, most of the information on
this site is pertaining to CA, but parents should be aware that
different laws may apply depending on where your child lives and
works. New York, Louisiana, and New Mexico have fairly recent Coogan
laws, and several more states are working on new legislation.
The Unclaimed Coogan List includes a list of the names of child actors who have had earnings withheld
from them, but the earnings were not deposited.
Choosing Your Own Coogan Bank (Banking Survey) -- we update this survey regularly and it provides a wealth of information for you to wisely choose your own Coogan bank. There is info for other states as well, so this resource will help you no matter where you are!
Also, parents need
to be aware that Coogan money often goes "missing" (unpaid) and does
not make it to the child's bank account. That is why careful tracking
is necessary! If you think your child may have unpaid Coogan money, be
sure to check the Unclaimed Coogan List.
From SB210, enacted in 2004
You have 180 days
from the first day you WORKED before the funds can be sent to Actor’s
Fund. Section 6752 of the Family Code,(b)(9)(A) “If a parent, guardian,
or trustee fails to provide the minor’s employer with a true and
accurate photocopy of the trustee’s statement pursuant to Section 6753
within 180 days after the commencement of employment, the employer
shall forward to The Actor’s Fund of America 15 percent of the minor’s
gross earnings....”
The employer only
has 15 days to pay you the Coogan money if you did your job correctly.
Section 6752 of the Family Code (d)(3): “The minor’s employer shall
deposit 15 percent of the minor’s gross earnings pursuant to the
contract within 15 days of receiving the trustee’s statement pursuant
to Section 6753”.
Actors Fund must
pay imputed interest, but they can also charge reasonable fees. They
can’t charge fees for the first year they are holding your money
though. Section 6752(g) (1)(2) : “The beneficiary of an account held by
The Actors Fund of America pursuant to this section shall be entitled
to receive imputed interest....The Actors Fund of America may assess
and deduct reasonable management, administrative, and investment
expenses...including fees for initial set-up...No fees may be charged
to any beneficiary’s account during the first year that the account is
held by The Actor’s Fund of America.”
This law creates a
private escheat system (no State Unclaimed Funds). Section 6752 (i)
“All funds received by The Actors Fund of America pursuant to this
section shall be exempt from the application of the Unclaimed Property
Law...”
Your trustee
statement must be attached to the work permit and it must say “Coogan
Trust Account” on it. Section 1308.9 of the Labor Code, (a): “If the
Labor Commissioner provides written consent pursuant to Section 1308.5
for the employment of a minor....that consent shall be void after the
expiration of 10 business days from the date written consent was
granted unless it is attached to a true and correct copy of the
trustee’s statement evidencing the establishment on behalf of the minor
of a “Coogan Trust Account” pursuant to Chapter 3....If the written
consent is attached to a true and accurate copy of that trustee’s
statement, the written consent shall be valid for a six month period.”
For more "how to" information, please also see our article: Trust Accounts