Education Code — Part 13 | EDC — United States — California law | Esheria

Education Code

Part 13 of 57 · provisions 2,401–2,600

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This chapter is named the Public Education Facilities Bond Act of 1996 and may be cited by that name. This section lets California education entities and teacher-training institutions make agreements or contracts to exchange or assign personnel, with assignments limited to one year. A specified $2,012,035,000 of bond proceeds must be deposited into the State School Building Lease-Purchase Fund. Money in the State School Building Lease-Purchase Fund must be used to provide aid and reimburse specified education and bond-expense funds. An agreement under Section 10000 must allow certain California State University and district teaching employees to take on each other’s duties.

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Provisions of Education Code

Showing 200 of 11,236

  1. 217.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 1 GENERAL PROVISIONS [1. - 446] ( Part 1 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Educational Equity [200 - 280] ( Heading of Chapter 2 amended by Stats. 1998, Ch. 914, Sec. 6. ) ## ARTICLE 2.6. Supports and Resources for Parents, Guardians, and Families of Lesbian, Gay, Bisexual, Transgender, Queer, and Questioning Pupils [217- 217.] ( Article 2.6 added by Stats. 2024, Ch. 95, Sec. 3. )

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    The department must develop and periodically update resources and community supports for parents, guardians, and families of LGBTQ pupils.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 1 GENERAL PROVISIONS [1. - 446] ( Part 1 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Educational Equity [200 - 280] ( Heading of Chapter 2 amended by Stats. 1998, Ch. 914, Sec. 6. ) ## ARTICLE 2.6. Supports and Resources for Parents, Guardians, and Families of Lesbian, Gay, Bisexual, Transgender, Queer, and Questioning Pupils [217- 217.] ( Article 2.6 added by Stats. 2024, Ch. 95, Sec. 3. ) ## 217. (a) (1) The department shall develop resources, or, as appropriate, update existing resources, for supports and community resources for the support of parents, guardians, and families of lesbian, gay, bisexual, transgender, queer, and questioning (LGBTQ) pupils and strategies to increase support for LGBTQ pupils and thereby improve overall school and community climate. The resources shall be designed for use in schools operated by a school district or county office of education and charter schools serving pupils in grades 7 to 12, inclusive. (2) The department shall develop the supports and community resources for parents, guardians, and families of LGBTQ pupils in collaboration with parents, guardians, and families of, including, but not limited to, LGBTQ pupils. (b) The department shall periodically update the supports and community resources for the support of parents, guardians, and families of LGBTQ pupils to reflect changes in law. (c) (1) As used in this section, school-based supports and community resources for the support of parents, guardians, and families of LGBTQ pupils include, but are not limited to, all of the following: (A) Parents, guardians, and families of LGBTQ pupils support groups or affinity clubs and organizations. (B) Safe spaces for parents, guardians, and families of LGBTQ pupils. (C) Antibullying and harassment policies and related complaint procedures for parents, guardians, and families to access. (D) Counseling services. (E) School staff who have received antibias or other training aimed at supporting LGBTQ youth and their parents, guardians, and families. (F) Suicide prevention policies and related procedures for parents, guardians, and families to access. (2) As used in this section, community resources for the support of parents, guardians, and families of LGBTQ pupils include, but are not limited to, both of the following: (A) Local community-based organizations that provide support to parents, guardians, and families of LGBTQ youth. (B) Local physical and mental health providers with experience in treating and supporting parents, families, and guardians of LGBTQ youth. (Added by Stats. 2024, Ch. 95, Sec. 3. (AB 1955) Effective January 1, 2025.)
  2. 218.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 1 GENERAL PROVISIONS [1. - 446] ( Part 1 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Educational Equity [200 - 280] ( Heading of Chapter 2 amended by Stats. 1998, Ch. 914, Sec. 6. ) ## ARTICLE 2.7. Lesbian, Gay, Bisexual, Transgender, Queer, and Questioning Pupil Resources [218 - 219] ( Article 2.7 added by Stats. 2019, Ch. 775, Sec. 2. )

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    The department must create or update resources for in-service training on support for LGBTQ pupils, and keep those resources current with changes in law.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 1 GENERAL PROVISIONS [1. - 446] ( Part 1 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Educational Equity [200 - 280] ( Heading of Chapter 2 amended by Stats. 1998, Ch. 914, Sec. 6. ) ## ARTICLE 2.7. Lesbian, Gay, Bisexual, Transgender, Queer, and Questioning Pupil Resources [218 - 219] ( Article 2.7 added by Stats. 2019, Ch. 775, Sec. 2. ) ## 218. (a) No later than July 1, 2021, the department shall develop resources or, as appropriate, update existing resources for in-service training on schoolsite and community resources for the support of lesbian, gay, bisexual, transgender, queer, and questioning (LGBTQ) pupils and strategies to increase support for LGBTQ pupils and thereby improve overall school climate. The resources shall be designed for use in schools operated by a school district or county office of education and charter schools serving pupils in grades 7 to 12, inclusive. (b) The department shall periodically update the schoolsite and community resources for the support of LGBTQ pupils to reflect changes in law. (c) (1) As used in this section, schoolsite resources for the support of LGBTQ pupils include, but are not limited to, all of the following: (A) Peer support or affinity clubs and organizations. (B) Safe spaces for LGBTQ pupils. (C) Antibullying and harassment policies and related complaint procedures. (D) Counseling services. (E) School staff who have received antibias or other training aimed at supporting LGBTQ youth. (F) Health and other curriculum materials that are inclusive of, and relevant to, LGBTQ youth. (G) Suicide prevention policies and related procedures. (H) Policies relating to use of school facilities, including, but not limited to, bathrooms and locker rooms. (I) Policies and procedures to protect the privacy of LGBTQ pupils. (2) As used in this section, community resources for the support of LGBTQ pupils include, but are not limited to, both of the following: (A) Local community-based organizations that provide support to LGBTQ youth. (B) Local physical and mental health providers with experience in treating and supporting LGBTQ youth. (Amended by Stats. 2023, Ch. 220, Sec. 2. (AB 5) Effective January 1, 2024.)
  3. 218.3.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 1 GENERAL PROVISIONS [1. - 446] ( Part 1 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Educational Equity [200 - 280] ( Heading of Chapter 2 amended by Stats. 1998, Ch. 914, Sec. 6. ) ## ARTICLE 2.7. Lesbian, Gay, Bisexual, Transgender, Queer, and Questioning Pupil Resources [218 - 219] ( Article 2.7 added by Stats. 2019, Ch. 775, Sec. 2. )

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    Local educational agencies serving grades 7–12 must provide annual LGBTQ cultural competency training, keep training records, and ensure the training is done on paid time, while the department must develop the training platform, monitor compliance, and report to the Legislature.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 1 GENERAL PROVISIONS [1. - 446] ( Part 1 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Educational Equity [200 - 280] ( Heading of Chapter 2 amended by Stats. 1998, Ch. 914, Sec. 6. ) ## ARTICLE 2.7. Lesbian, Gay, Bisexual, Transgender, Queer, and Questioning Pupil Resources [218 - 219] ( Article 2.7 added by Stats. 2019, Ch. 775, Sec. 2. ) ## 218.3. (a) For purposes of this section, “local educational agency” means a school district, county office of education, or charter school, serving pupils in any of grades 7 to 12, inclusive. (b) (1) On or before July 1, 2025, the department shall finalize the development of an online training delivery platform and online training curriculum to support lesbian, gay, bisexual, transgender, queer, and questioning (LGBTQ) cultural competency training for teachers and other certificated employees. (2) The department may use resources developed pursuant to Section 148 of Chapter 44 of the Statutes of 2021 or Provisions 47 to 49, inclusive, of Item 6100-001-0001 of Section 2.00 of the Budget Act of 2021 (Chapters 21, 69, and 240 of the Statutes of 2021) to meet the requirements of paragraph (1). (3) At a minimum, the training in paragraph (1) shall include information on all of the following topics: (A) The creation of safe and supportive learning environments for LGBTQ+ pupils, including those with multiple intersecting identities, including, but not limited to, those who are members of the LGBTQ+ community, members of communities of color, immigrants, or people living with the human immunodeficiency virus. (B) Identifying LGBTQ+ youth who are subject to, or may be at risk of, bullying and lack of acceptance at home or in their communities. (C) The provision of targeted support services to LGBTQ+ youth, including counseling services. (D) Requirements regarding school antibullying and harassment policies, and complaint procedures. (E) Requirements regarding suicide prevention policies and related procedures. (F) Requirements regarding policies relating to use of school facilities, including, but not limited to, bathrooms and locker rooms. (G) Requirements regarding policies and procedures to protect the privacy of LGBTQ+ pupils. (H) The importance of identifying local, community-based organizations that provide support to LGBTQ+ youth. (I) The importance of identifying local physical and mental health providers with experience in treating and supporting LGBTQ+ youth. (J) The formation of peer support or affinity clubs and organizations. (K) The importance of school staff who have received antibias or other training aimed at supporting LGBTQ+ youth. (L) Health and other curriculum materials that are inclusive of, and relevant to, LGBTQ+ youth. (c) Commencing with the 2025–26 school year, and continuing through the 2029–30 school year, a local educational agency shall provide and require at least one hour of training annually to all teachers and other certificated employees serving pupils in grades 7 to 12, inclusive, in a manner designed to cover the core elements of the curriculum developed pursuant to subdivision (b) over the five-year period. A teacher or certificated employee shall be exempt from the annual requirement if they completed the required training within the same year at another local educational agency in this state. All of the following shall apply to the training under this section: (1) A local educational agency may provide the training using the online training curriculum and platform pursuant to subdivision (b) or with in-service training using the resources developed by the department pursuant to Section 218 that meets the requirements of this section. (2) A local educational agency shall maintain records documenting both of the following: (A) The date that each employee satisfied the requirements of this section. (B) The name of the entity that provided the training. (3) Notwithstanding any other law, a local educational agency shall maintain the records required in paragraph (2) according to their local retention schedule after employees receive the training and make the records available to the department upon request, as part of the department’s annual compliance monitoring of state and federal programs. These records are public records subject to disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). (4) A local educational agency shall ensure that teachers and all other certificated employees complete the training required by this section on paid time during the employees’ regular work hours or designated professional development hours unless otherwise negotiated and mutually agreed upon with the employees’ exclusive representative. (5) Employees may complete training individually or as part of a group presentation and the training may be completed in shorter segments as long as the applicable hourly total requirement is met. (d) A local educational agency shall ensure that the in-service training it chooses to use as an alternative to the online training pursuant to paragraph (1) of subdivision (c) is substantially similar to and meets the same standards of the online training described in this section. (e) Nothing in this section shall prohibit a local educational agency from providing longer, more frequent, relevant in-service training to meet the online training standards, provided that it is mutually agreed to with the employee’s exclusive representative. (f) (1) The department shall monitor compliance with the training requirement pursuant to subdivision (c) through its existing annual compliance monitoring of state and federal programs. (2) Notwithstanding Section 10231.5 of the Government Code, the department shall provide a report to the relevant policy and fiscal committees of the Legislature within nine months after the conclusion of the 2029–30 school year, summarizing the data collected through compliance monitoring over the five-year period, including the local educational agencies selected for monitoring and relevant compliance findings, if any, pursuant to this section. The department shall publicly post the report on its internet website. (3) The report required by paragraph (2) shall be submitted in compliance with Section 9795 of the Government Code. (g) This section shall become inoperative on July 1, 2031, and, as of January 1, 2032, is repealed. (Added by Stats. 2023, Ch. 220, Sec. 3. (AB 5) Effective January 1, 2024. Inoperative July 1, 2031, by its own provisions. Repealed as of January 1, 2032, by its own provisions.)
  4. 219.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 1 GENERAL PROVISIONS [1. - 446] ( Part 1 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Educational Equity [200 - 280] ( Heading of Chapter 2 amended by Stats. 1998, Ch. 914, Sec. 6. ) ## ARTICLE 2.7. Lesbian, Gay, Bisexual, Transgender, Queer, and Questioning Pupil Resources [218 - 219] ( Article 2.7 added by Stats. 2019, Ch. 775, Sec. 2. )

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    The Superintendent must convene an LGBTQ+ pupil advisory task force by July 1, 2024, and the task force must report its findings and recommendations by January 1, 2026.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 1 GENERAL PROVISIONS [1. - 446] ( Part 1 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Educational Equity [200 - 280] ( Heading of Chapter 2 amended by Stats. 1998, Ch. 914, Sec. 6. ) ## ARTICLE 2.7. Lesbian, Gay, Bisexual, Transgender, Queer, and Questioning Pupil Resources [218 - 219] ( Article 2.7 added by Stats. 2019, Ch. 775, Sec. 2. ) ## 219. (a) On or before July 1, 2024, the Superintendent shall convene an advisory task force to identify the needs of lesbian, gay, bisexual, transgender, queer, questioning, and plus (LGBTQ+) pupils and to make recommendations to assist in implementing supportive policies and initiatives to address LGBTQ+ pupil education and well-being, including, but not limited to, all of the following: (1) Pupil mental health and feelings of safety and support. (2) Inclusive and safe access to school facilities. (3) Inclusive instructional material and school curriculum. (4) Prevention of, response to, and oversight of, bullying and harassment to determine the effectiveness of policies and programs. (5) Inclusive participation in campus activities. (b) The advisory task force members shall include, at a minimum, 15 members representative of all of the following groups: (1) Eight pupils identifying as members of the LGBTQ+ community who are enrolled in a California high school. (2) One public school administrator currently employed by a local educational agency. (3) Two certificated public school teachers currently employed by a local educational agency. (4) Two mental health professionals, with a preference for those who practice LGBTQ+ affirming care. (5) One community LGBTQ+ advocate, with a preference for one with programmatic expertise. (6) One representative from the Office of Health Equity established by the State Department of Public Health. (c) (1) To the extent practicable, the members of the advisory task force shall represent the geographical, racial, ethnic, socioeconomic, cultural, physical, and educational diversity of California’s LGBTQ+ community. (2) Members of the advisory task force shall be selected by the Superintendent or their designee. (d) (1) On or before January 1, 2026, the advisory task force shall report their findings and recommendations to the Legislature, the Superintendent, and the Governor. At the request of any member of the advisory task force, the report may include minority findings and recommendations. (2) The requirement for submitting a report imposed under paragraph (1) is inoperative on January 1, 2028, pursuant to Section 10231.5 of the Government Code. (3) A report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code. (Added by Stats. 2023, Ch. 228, Sec. 1. (SB 857) Effective January 1, 2024.)
  5. 22.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 1 GENERAL PROVISIONS [1. - 446] ( Part 1 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1 General Provisions [1. - 97] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Continuation of Rights and Duties [20 - 23] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

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    Rights from a license or certificate under a repealed act are not lost because of this code or the repeal, but they must be exercised under this code.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 1 GENERAL PROVISIONS [1. - 446] ( Part 1 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1 General Provisions [1. - 97] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Continuation of Rights and Duties [20 - 23] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 22. No rights given by any license or certificate under any act repealed by this code are affected by the enactment of this code or by such repeal, but such rights shall hereafter be exercised according to the provisions of this code. (Enacted by Stats. 1976, Ch. 1010.)
  6. 220.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 1 GENERAL PROVISIONS [1. - 446] ( Part 1 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Educational Equity [200 - 280] ( Heading of Chapter 2 amended by Stats. 1998, Ch. 914, Sec. 6. ) ## ARTICLE 3. Prohibition of Discrimination [220 - 221.1] ( Heading of Article 3 amended by Stats. 1998, Ch. 914, Sec. 16. )

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    Educational institutions covered by the section may not discriminate against any person on listed protected grounds.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 1 GENERAL PROVISIONS [1. - 446] ( Part 1 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Educational Equity [200 - 280] ( Heading of Chapter 2 amended by Stats. 1998, Ch. 914, Sec. 6. ) ## ARTICLE 3. Prohibition of Discrimination [220 - 221.1] ( Heading of Article 3 amended by Stats. 1998, Ch. 914, Sec. 16. ) ## 220. No person shall be subjected to discrimination on the basis of disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or any other characteristic that is contained in the definition of hate crimes set forth in Section 422.55 of the Penal Code, including immigration status, in any program or activity conducted by an educational institution that receives, or benefits from, state financial assistance, or enrolls pupils who receive state student financial aid. (Amended by Stats. 2017, Ch. 493, Sec. 3. (AB 699) Effective January 1, 2018.)
  7. 220.1.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 1 GENERAL PROVISIONS [1. - 446] ( Part 1 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Educational Equity [200 - 280] ( Heading of Chapter 2 amended by Stats. 1998, Ch. 914, Sec. 6. ) ## ARTICLE 3. Prohibition of Discrimination [220 - 221.1] ( Heading of Article 3 amended by Stats. 1998, Ch. 914, Sec. 16. )

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    Certain school district, county office, charter school, and related governing actors must not retaliate against or take adverse action against an employee for supporting pupils, following chapter-related obligations, or teaching consistent with required standards and materials.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 1 GENERAL PROVISIONS [1. - 446] ( Part 1 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Educational Equity [200 - 280] ( Heading of Chapter 2 amended by Stats. 1998, Ch. 914, Sec. 6. ) ## ARTICLE 3. Prohibition of Discrimination [220 - 221.1] ( Heading of Article 3 amended by Stats. 1998, Ch. 914, Sec. 16. ) ## 220.1. An employee or a contractor of a school district, county office of education, charter school, or state special school for the blind or the deaf, or a member of the governing board of a school district or county office of education or a member of the governing body of a charter school, shall not in any manner retaliate or take adverse action against any employee, including by placing the employee on administrative leave, on the basis that the employee (a) supported a pupil in the exercise of rights set forth in Article 1 (commencing with Section 200) of, Article 2.7 (commencing with Section 218) of, Article 3 (commencing with Section 220) of, or Article 4 (commencing with Section 221.5) of, this chapter, (b) performed the employee’s work activities in a manner consistent with the recommendations or employer obligations set forth in this chapter, or (c) provided instruction to pupils consistent with the current content standards, curriculum frameworks, and instructional materials adopted by the state board, and any other requirements of this code, including, but not limited to, Section 51204.5 and the California Healthy Youth Act (Chapter 5.6 (commencing with Section 51930) of Part 28 of Division 4 of Title 2). (Added by Stats. 2024, Ch. 95, Sec. 4. (AB 1955) Effective January 1, 2025.)
  8. 220.3.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 1 GENERAL PROVISIONS [1. - 446] ( Part 1 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Educational Equity [200 - 280] ( Heading of Chapter 2 amended by Stats. 1998, Ch. 914, Sec. 6. ) ## ARTICLE 3. Prohibition of Discrimination [220 - 221.1] ( Heading of Article 3 amended by Stats. 1998, Ch. 914, Sec. 16. )

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    Certain school employees and contractors must not be required to disclose a pupil’s sexual orientation, gender identity, or gender expression to anyone else without the pupil’s consent, unless state or federal law requires it.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 1 GENERAL PROVISIONS [1. - 446] ( Part 1 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Educational Equity [200 - 280] ( Heading of Chapter 2 amended by Stats. 1998, Ch. 914, Sec. 6. ) ## ARTICLE 3. Prohibition of Discrimination [220 - 221.1] ( Heading of Article 3 amended by Stats. 1998, Ch. 914, Sec. 16. ) ## 220.3. (a) An employee or a contractor of a school district, county office of education, charter school, or state special school for the blind or the deaf shall not be required to disclose any information related to a pupil’s sexual orientation, gender identity, or gender expression to any other person without the pupil’s consent unless otherwise required by state or federal law. (b) Subdivision (a) does not constitute a change in, but is declaratory of, existing law. (Added by Stats. 2024, Ch. 95, Sec. 5. (AB 1955) Effective January 1, 2025.)
  9. 220.5.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 1 GENERAL PROVISIONS [1. - 446] ( Part 1 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Educational Equity [200 - 280] ( Heading of Chapter 2 amended by Stats. 1998, Ch. 914, Sec. 6. ) ## ARTICLE 3. Prohibition of Discrimination [220 - 221.1] ( Heading of Article 3 amended by Stats. 1998, Ch. 914, Sec. 16. )

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    Schools and related governing bodies must not adopt or enforce policies that require disclosure of a pupil’s sexual orientation, gender identity, or gender expression without the pupil’s consent, unless another state or federal law requires it.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 1 GENERAL PROVISIONS [1. - 446] ( Part 1 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Educational Equity [200 - 280] ( Heading of Chapter 2 amended by Stats. 1998, Ch. 914, Sec. 6. ) ## ARTICLE 3. Prohibition of Discrimination [220 - 221.1] ( Heading of Article 3 amended by Stats. 1998, Ch. 914, Sec. 16. ) ## 220.5. (a) A school district, county office of education, charter school, state special school for the blind or the deaf, or a member of the governing board of a school district or county office of education or a member of the governing body of a charter school, shall not enact or enforce any policy, rule, or administrative regulation that would require an employee or a contractor to disclose any information related to a pupil’s sexual orientation, gender identity, or gender expression to any other person without the pupil’s consent, unless otherwise required by state or federal law. (b) Subdivision (a) does not constitute a change in, but is declaratory of, existing law. (c) Any policy, regulation, guidance, directive, or other action of a school district, county office of education, charter school, or state special school for the blind or the deaf, or a member of the governing board of a school district or county office of education or a member of the governing body of a charter school, that is inconsistent with subdivision (a) is invalid and shall not have any force or effect. (Added by Stats. 2024, Ch. 95, Sec. 6. (AB 1955) Effective January 1, 2025.)
  10. 22000.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 1. General Provisions [22000 - 22011] ( Chapter 1 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    This section says Part 13 may be cited as the E. Richard Barnes Act, and together with Part 14 it is known as the Teachers’ Retirement Law.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 1. General Provisions [22000 - 22011] ( Chapter 1 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22000. This part may be known and cited as the E. Richard Barnes Act and together with Part 14 (commencing with Section 26000) shall be known as the Teachers’ Retirement Law. (Amended by Stats. 1999, Ch. 939, Sec. 1. Effective January 1, 2000.)
  11. 22001.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 1. General Provisions [22000 - 22011] ( Chapter 1 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The State Teachers’ Retirement System is established to provide a financially sound retirement plan with adequate retirement allowances.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 1. General Provisions [22000 - 22011] ( Chapter 1 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22001. In order to provide a financially sound plan for the retirement, with adequate retirement allowances, of teachers in the public schools of this state, teachers in schools supported by this state, and other persons employed in connection with the schools, the State Teachers’ Retirement System is established. The system is a unit of the Government Operations Agency. (Amended by Stats. 2013, Ch. 352, Sec. 68. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  12. 22001.5.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 1. General Provisions [22000 - 22011] ( Chapter 1 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    This section says the two retirement plans are merged into one State Teachers’ Retirement Plan and that the Teachers’ Retirement Board administers it.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 1. General Provisions [22000 - 22011] ( Chapter 1 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22001.5. The Legislature hereby finds and declares that on July 1, 1996, the State Teachers’ Retirement System Cash Balance Plan was created and established to provide a retirement plan for persons employed by an employer offering the Cash Balance Plan, excluding community college districts, to perform creditable service for less than 50 percent of the full-time equivalent for the position or employed by a community college district offering the Cash Balance Plan to perform creditable service on a temporary basis pursuant to Section 87474, 87478, 87480, 87481, 87482, or 87482.5, or employed by an employer offering the Cash Balance Plan to perform creditable service as a substitute employee. The persons eligible for the Cash Balance Plan were excluded from mandatory membership in the State Teachers’ Retirement System Defined Benefit Plan. Both plans are administered by the Teachers’ Retirement Board. Prior to the creation and establishment of the Cash Balance Plan, the State Teachers’ Retirement System Defined Benefit Plan had been identified simply as the State Teachers’ Retirement System. As a result, the system was identified as both the administrative body and the retirement plan. The State Teachers’ Retirement Law was amended to identify the retirement plan as the State Teachers’ Retirement System Defined Benefit Plan in order to distinguish that plan from the Cash Balance Plan. Because both plans were intended to provide for the retirement of teachers and other persons employed in connection with public schools of this state and schools supported by this state, a merger of these two plans is now hereby made for the purpose of establishing a single retirement plan that shall be known and may be cited as the State Teachers’ Retirement Plan consisting of the different benefit programs set forth in this part and Part 14 (commencing with Section 26000). This plan shall be administered by the Teachers’ Retirement Board as set forth in this part and Part 14 (commencing with Section 26000). This part, together with Part 14 (commencing with Section 26000) shall be known and may be cited as the Teachers’ Retirement Law. (Amended by Stats. 2015, Ch. 123, Sec. 1. (AB 991) Effective January 1, 2016.)
  13. 22002.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 1. General Provisions [22000 - 22011] ( Chapter 1 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    Members, employers, and the state must make financing contributions to the State Teachers’ Retirement Plan’s Defined Benefit Program.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 1. General Provisions [22000 - 22011] ( Chapter 1 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22002. The Legislature recognizes that the assets of the State Teachers’ Retirement Plan with respect to the Defined Benefit Program are insufficient to meet the obligations of that program already accrued or to accrue in the future with respect to service credited to members of that program prior to July 1, 1972. Therefore, the Legislature declares the following policies with respect to the financing of the Defined Benefit Program of the State Teachers’ Retirement Plan: (a) Members shall contribute a percentage of creditable compensation, unless otherwise specified in this part. (b) Employers shall contribute a percentage of the total creditable compensation on which member contributions are based. (c) The state shall contribute a sum certain for a given number of years for the purpose of payment of benefits under this part. (Amended by Stats. 1998, Ch. 965, Sec. 1. Effective January 1, 1999.)
  14. 22002.5.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 1. General Provisions [22000 - 22011] ( Chapter 1 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    This section says the State Teachers’ Retirement Plan’s assets are insufficient for certain past and future benefits, explains the Legislature’s funding approach, and states that some added provisions may cease to be effective if specified final decisions occur.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 1. General Provisions [22000 - 22011] ( Chapter 1 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22002.5. The Legislature finds and declares all of the following: (a) The current and projected assets of the State Teachers’ Retirement Plan administered by the State Teachers’ Retirement System with respect to the Defined Benefit Program are insufficient to meet the obligations of that program already accrued or projected to be accrued in the future with respect to service credited to members of that program before July 1, 2014. (b) Various legal rulings have determined that vested contractual rights of existing members generally cannot be changed without providing a comparable new advantage. (c) The improvement factor currently provided under the Defined Benefit Program pursuant to Sections 22140 and 22141, as those sections read before July 1, 2014, is not a contractually enforceable promise. (d) The Legislature hereby increases the contributions of active members by an amount not to exceed the normal cost of the improvement factor, providing a comparable new advantage by removing the statutory right to adjust the improvement factor, and thereby establishing the improvement factor as a contractually enforceable promise. (e) The statutory changes adopted by the act that added this section address the long-term funding needs of the Defined Benefit Program in a manner that allocates increased contributions among members of the system and school employers, consistent with the contractual rights of existing members. (f) The provisions of the act that added this section were based on various legal understandings and would not have been adopted without those understandings. The new obligations and benefits provided in Sections 7 and 9 of the act adding this section are contingent on those legal understandings being accurate. Thus if there is a final unappealable judicial decision that holds that the increased contributions in Section 22950.5 constitute a new functional responsibility for schools and community colleges pursuant to subdivision (c) of Section 41204, and correspondingly require an adjustment pursuant to subdivision (b) of Section 8 of Article XVI of the California Constitution, or a final unappealable administrative or judicial decision that holds that the increased contributions in Section 22950.5 constitutes a reimbursable mandate pursuant to Article XIII B of the California Constitution, then it is the intent of the Legislature that the provisions added by the act adding this section shall cease to be effective. (g) It is in the public interest and a matter of urgency to authorize, and to implement as soon as possible, a remedy to the funding problem of the system. This remedy is necessary to ensure that funds will be available to support a pension system upon which hundreds of thousands of teachers rely and for which the current funding structure raises significant fiscal policy concerns. (h) It is of great importance to the state, the system, and school districts that there not be long term doubt about the feasibility of the solutions provided in the act that added this section. In order to fulfill the important objective of facilitating the system’s and school districts’ financial transactions the legality of the act that added this section must be quickly affirmed. The system, school districts, and teachers need to settle promptly all questions about the validity of each other’s duties and obligations under this statute. (i) It is well-established that the terms and conditions of public retirement plans generally are established by statute or other comparable enactment rather than by contract. Statutes governing the terms of compensation and deferred compensation of public employees are thus significant financial obligations contemplated and covered by Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure. (Added by Stats. 2014, Ch. 47, Sec. 1. (AB 1469) Effective June 24, 2014. Adding action may become inoperative under conditions prescribed by Stats. 2014, Ch. 47, Sec. 13, subd. (b).)
  15. 22003.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 1. General Provisions [22000 - 22011] ( Chapter 1 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    This section says the 1971 and 1972 revision of the State Teachers’ Retirement Law must not be read to change benefits for people retired before July 1, 1972, or their beneficiaries, unless specifically provided otherwise.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 1. General Provisions [22000 - 22011] ( Chapter 1 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22003. The revision of the State Teachers’ Retirement Law, enacted at the 1971 and 1972 Regular Sessions of the Legislature, shall not be construed to affect benefits of persons retired prior to July 1, 1972, or their beneficiaries, except as specifically provided. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.)
  16. 22004.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 1. General Provisions [22000 - 22011] ( Chapter 1 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    If this part conflicts with a memorandum of understanding, the memorandum controls. But provisions that require spending money do not take effect unless the Legislature approves them in the annual Budget Act.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 1. General Provisions [22000 - 22011] ( Chapter 1 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22004. If the provisions of this part are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government Code, the memorandum of understanding shall be controlling without further legislative action, except that if the provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.)
  17. 22005.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 1. General Provisions [22000 - 22011] ( Chapter 1 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    A person’s pension, retirement allowance, return of contributions, optional benefit, and other accrued rights under this part are exempt from taxation.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 1. General Provisions [22000 - 22011] ( Chapter 1 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22005. The right of a person to a pension, retirement allowance, return of contributions, any optional benefit, or any other right accrued or accruing to any person under this part is exempt from taxation, including any inheritance tax, whether state, county, municipal, or district. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.)
  18. 22006.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 1. General Provisions [22000 - 22011] ( Chapter 1 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    Certain retirement-system benefits and fund money are protected from execution and generally cannot be assigned.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 1. General Provisions [22000 - 22011] ( Chapter 1 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22006. The right of a person to an annuity or a retirement allowance, to the return of contributions, the annuity, or retirement allowance itself, any optional benefit, any other right or benefit accrued or accruing to any person under this part, and the moneys in the fund created under this part are not subject to execution or any other process whatsoever, except to the extent permitted by Section 704.110 of the Code of Civil Procedure, and are unassignable except as specifically provided in this part. (Amended by Stats. 1996, Ch. 634, Sec. 2. Effective January 1, 1997.)
  19. 22007.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 1. General Provisions [22000 - 22011] ( Chapter 1 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    A member’s obligations, and the member’s beneficiaries’ obligations, to the system and the Defined Benefit Program continue during membership and afterward until all related obligations are discharged.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 1. General Provisions [22000 - 22011] ( Chapter 1 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22007. The obligations of any member, or the member’s beneficiaries, to this system and the Defined Benefit Program continue throughout membership, and thereafter until all of the obligations of this system and the Defined Benefit Program to or in respect to the member or the member’s beneficiaries have been discharged. (Amended by Stats. 1999, Ch. 939, Sec. 2. Effective January 1, 2000.)
  20. 22007.5.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 1. General Provisions [22000 - 22011] ( Chapter 1 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    A registered domestic partner of a member must be treated the same as a spouse, except where specified exclusions apply.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 1. General Provisions [22000 - 22011] ( Chapter 1 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22007.5. Except as excluded by subdivision (d) of Sections 22661 and 23812, subdivision (e) of Section 24300.1, subdivision (d) of Section 25011.1, subdivision (c) of Section 25018.1, subdivision (d) of Section 26807.5, and subdivision (c) of Section 26906.5, a person who is the registered domestic partner of a member, as established pursuant to Section 297 or 299.2 of the Family Code, shall be treated in the same manner as a “spouse,” as defined in Section 22171. (Amended by Stats. 2013, Ch. 558, Sec. 1. (AB 1379) Effective January 1, 2014.)
  21. 22008.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 1. General Provisions [22000 - 22011] ( Chapter 1 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    This section sets limitation periods for certain retirement-fund actions and recovery of incorrect payments.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 1. General Provisions [22000 - 22011] ( Chapter 1 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22008. For the purposes of payments into or out of the retirement fund for adjustments of errors or omissions with respect to the Defined Benefit Program or the Defined Benefit Supplement Program, the period of limitation of actions shall be applied, except as provided in Sections 23302 and 24613, as follows: (a) No action may be commenced by or against the board, the system, or the plan more than three years after all obligations to or on behalf of the member, former member, beneficiary, or annuity beneficiary have been discharged. (b) If the system makes an error that results in incorrect payment to a member, former member, beneficiary, or annuity beneficiary, the system’s right to commence recovery shall expire three years from the date the incorrect payment was made. (c) If an incorrect payment is made due to lack of information or inaccurate information regarding the eligibility of a member, former member, beneficiary, or annuity beneficiary to receive benefits under the Defined Benefit Program or Defined Benefit Supplement Program, the period of limitation shall commence with the discovery of the incorrect payment. (d) Notwithstanding any other provision of this section, if an incorrect payment has been made on the basis of fraud or intentional misrepresentation by a member, beneficiary, annuity beneficiary, or other party in relation to or on behalf of a member, beneficiary, or annuity beneficiary, the three-year period of limitation shall not be deemed to commence or to have commenced until the system discovers the incorrect payment. (e) The collection of overpayments under subdivisions (b), (c), and (d) shall be made pursuant to Section 24617. (Amended by Stats. 2000, Ch. 74, Sec. 1. Effective January 1, 2001.)
  22. 22009.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 1. General Provisions [22000 - 22011] ( Chapter 1 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    If part of this section is invalid, the rest still applies if it can work without the invalid part.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 1. General Provisions [22000 - 22011] ( Chapter 1 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22009. If any provision of this part or the application thereof to any person or circumstance is held invalid, that invalidity shall not affect other provisions or applications of this part that can be given effect without the invalid provision or application, and to this end the provisions of this part are severable. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.)
  23. 22010.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 1. General Provisions [22000 - 22011] ( Chapter 1 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    A person may not make false statements, hide material facts, submit false information, or knowingly take or keep benefit payments the person is not entitled to; violations can lead to jail, fines, and possible restitution.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 1. General Provisions [22000 - 22011] ( Chapter 1 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22010. (a) It is unlawful for a person to do any of the following: (1) Make, or cause to be made, any knowingly false material statement or material representation, to knowingly fail to disclose a material fact, or to otherwise provide false information with the intent to use it, or allow it to be used, to obtain, receive, continue, increase, deny, or reduce any benefit administered by this system. (2) Present, or cause to be presented, any knowingly false material statement or material representation for the purpose of supporting or opposing an application for any benefit administered by this system. (3) Knowingly accept or obtain payment from this system with knowledge that the recipient is not entitled to the payment under the provisions of this part or Part 14 (commencing with Section 2600) and with the intent to retain the payment for personal use or benefit. (4) Knowingly aid, abet, solicit, or conspire with any person to do an act prohibited by this section. (b) For purposes of this section, “statement” includes, but is not limited to, any oral or written application for benefits, report of family relationship, report of injury or physical or mental limitation, hospital records, test results, physician reports, or other medical records, employment records, duty statements, reports of compensation, or any other evidence material to the determination of a person’s initial or continued eligibility for a benefit or the amount of a benefit administered by this system. (c) A person who violates any provision of this section is punishable by imprisonment in a county jail not to exceed one year, or by a fine of not more than five thousand dollars ($5,000), or by both that imprisonment and fine. (d) A person violating any provision of this section may be required by the court in a criminal action to make restitution to this system, or to any other person determined by the court, for the amount of the benefit unlawfully obtained, unless the court finds that restitution, or a portion of it, is not in the interests of justice. Any restitution order imposed pursuant to this section shall be satisfied before any criminal fine imposed under this section may be collected. (e) The provisions provided by this section are cumulative and shall not be construed as restricting the application of any other law. (Added by Stats. 2008, Ch. 369, Sec. 2. Effective January 1, 2009.)
  24. 22011.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 1. General Provisions [22000 - 22011] ( Chapter 1 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The system can prescribe the required signature form for applications or documents, and it can allow paper or electronic signatures.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 1. General Provisions [22000 - 22011] ( Chapter 1 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22011. For an application or document requiring a signature, that signature shall be in a form prescribed by the system, including, but not limited to, on paper or made by electronic means. Notwithstanding any other law, an application or document made under this part, Part 13.5 (commencing with Section 25900), or Part 14 (commencing with Section 26000) that is signed and submitted by the person authorized to do so using technology and security measures prescribed by the system shall be deemed to be a signed and valid original document. (Amended by Stats. 2021, Ch. 186, Sec. 1. (SB 634) Effective January 1, 2022.)
  25. 221.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 1 GENERAL PROVISIONS [1. - 446] ( Part 1 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Educational Equity [200 - 280] ( Heading of Chapter 2 amended by Stats. 1998, Ch. 914, Sec. 6. ) ## ARTICLE 3. Prohibition of Discrimination [220 - 221.1] ( Heading of Article 3 amended by Stats. 1998, Ch. 914, Sec. 16. )

    Verify source ↗

    This article does not apply to a religiously controlled educational institution if applying it would conflict with that organization’s religious tenets.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 1 GENERAL PROVISIONS [1. - 446] ( Part 1 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Educational Equity [200 - 280] ( Heading of Chapter 2 amended by Stats. 1998, Ch. 914, Sec. 6. ) ## ARTICLE 3. Prohibition of Discrimination [220 - 221.1] ( Heading of Article 3 amended by Stats. 1998, Ch. 914, Sec. 16. ) ## 221. This article shall not apply to an educational institution that is controlled by a religious organization if the application would not be consistent with the religious tenets of that organization. (Added by renumbering Section 220.5 by Stats. 2007, Ch. 569, Sec. 12. Effective January 1, 2008.)
  26. 221.1.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 1 GENERAL PROVISIONS [1. - 446] ( Part 1 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Educational Equity [200 - 280] ( Heading of Chapter 2 amended by Stats. 1998, Ch. 914, Sec. 6. ) ## ARTICLE 3. Prohibition of Discrimination [220 - 221.1] ( Heading of Article 3 amended by Stats. 1998, Ch. 914, Sec. 16. )

    Verify source ↗

    The State Board of Education must adopt regulations to implement this chapter.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 1 GENERAL PROVISIONS [1. - 446] ( Part 1 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Educational Equity [200 - 280] ( Heading of Chapter 2 amended by Stats. 1998, Ch. 914, Sec. 6. ) ## ARTICLE 3. Prohibition of Discrimination [220 - 221.1] ( Heading of Article 3 amended by Stats. 1998, Ch. 914, Sec. 16. ) ## 221.1. The State Board of Education shall adopt regulations pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, commonly referred to as the rulemaking provisions of the Administrative Procedure Act, to implement this chapter. (Added by renumbering Section 232 by Stats. 1998, Ch. 914, Sec. 25. Effective January 1, 1999.)
  27. 221.2.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 1 GENERAL PROVISIONS [1. - 446] ( Part 1 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Educational Equity [200 - 280] ( Heading of Chapter 2 amended by Stats. 1998, Ch. 914, Sec. 6. ) ## ARTICLE 3.5. The California Racial Mascots Act [221.2 - 221.3] ( Article 3.5 added by Stats. 2015, Ch. 767, Sec. 1. )

    Verify source ↗

    The Legislature states that racially derogatory or discriminatory school or athletic team names, mascots, or nicknames in California public schools conflict with equal education.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 1 GENERAL PROVISIONS [1. - 446] ( Part 1 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Educational Equity [200 - 280] ( Heading of Chapter 2 amended by Stats. 1998, Ch. 914, Sec. 6. ) ## ARTICLE 3.5. The California Racial Mascots Act [221.2 - 221.3] ( Article 3.5 added by Stats. 2015, Ch. 767, Sec. 1. ) ## 221.2. The Legislature finds and declares all of the following: (a) The use of racially derogatory or discriminatory school or athletic team names, mascots, or nicknames in California public schools is antithetical to the California school mission of providing an equal education to all. (b) Certain athletic team names, mascots, and nicknames that have been used and remain in use by other teams, including school teams, in other parts of the nation are discriminatory in singling out the Native American community for the derision to which mascots or nicknames are often subjected. (c) Many individuals and organizations interested and experienced in human relations, including the United States Commission on Civil Rights, have concluded that the use of Native American images and names in school sports is a barrier to equality and understanding, and that all residents of the United States would benefit from the discontinuance of their use. (d) No individual or school has a cognizable interest in retaining a racially derogatory or discriminatory school or athletic team name, mascot, or nickname. (Added by Stats. 2015, Ch. 767, Sec. 1. (AB 30) Effective January 1, 2016.)
  28. 221.3.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 1 GENERAL PROVISIONS [1. - 446] ( Part 1 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Educational Equity [200 - 280] ( Heading of Chapter 2 amended by Stats. 1998, Ch. 914, Sec. 6. ) ## ARTICLE 3.5. The California Racial Mascots Act [221.2 - 221.3] ( Article 3.5 added by Stats. 2015, Ch. 767, Sec. 1. )

    Verify source ↗

    Public schools are generally barred from using “Redskins” and, starting July 1, 2026, any derogatory Native American term for school or team names, mascots, or nicknames, with listed exceptions.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 1 GENERAL PROVISIONS [1. - 446] ( Part 1 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Educational Equity [200 - 280] ( Heading of Chapter 2 amended by Stats. 1998, Ch. 914, Sec. 6. ) ## ARTICLE 3.5. The California Racial Mascots Act [221.2 - 221.3] ( Article 3.5 added by Stats. 2015, Ch. 767, Sec. 1. ) ## 221.3. (a) For purposes of this section, “derogatory Native American term” includes, but is not necessarily limited to, Apaches, Big Reds, Braves, Chiefs, Chieftains, Chippewa, Comanches, Indians, Savages, Squaw, and Tribe. (b) (1) All public schools, except for a school operated by an Indian tribe or a tribal organization, are prohibited from using the term Redskins for school or athletic team names, mascots, or nicknames. (2) Commencing July 1, 2026, all public schools, except for a school operated by an Indian tribe or a tribal organization, are prohibited from using any derogatory Native American term for school or athletic team names, mascots, or nicknames. (c) Notwithstanding this section, a public school may continue to use uniforms or other materials bearing a derogatory Native American term as a school or athletic team name, mascot, or nickname that were purchased before July 1, 2026, if all of the following requirements are met: (1) The school selects a new school or athletic team name, mascot, or nickname. (2) (A) Except as provided in subparagraph (B), the school refrains from purchasing or acquiring, for the purpose of distribution or sale to pupils or school employees, any uniform that includes or bears the derogatory Native American term. (B) Notwithstanding subparagraph (A), before January 1, 2028, a school using uniforms that bear the derogatory Native American term may purchase or acquire a number of uniforms equal to up to 20 percent of the total number of uniforms used by a team or band at that school during the 2025–26 school year for the purposes of replacing damaged or lost uniforms. (3) The school refrains from purchasing or acquiring, for the purpose of distribution or sale to pupils or school employees, any yearbook, newspaper, program, or other similar material that includes or bears the prohibited school or athletic team name, mascot, nickname, or related title in its logo or cover title. (4) The school refrains from purchasing or constructing a marquee, sign, gymnasium floor, or other new or replacement fixture that includes or bears the prohibited school or athletic team name, mascot, or nickname. This paragraph applies to facilities that bear the prohibited school or athletic team name, mascot, or nickname, in which case the school shall remove the prohibited name, mascot, or nickname no later than the next time the associated part of the facility is replaced in the normal course of maintenance. (d) (1) It is the intent of the Legislature that implementation of a new school or athletic team name, mascot, or nickname results in a requirement to purchase or replace materials or fixtures when they would have needed to be purchased or replaced without the enactment of this article. (2) Notwithstanding paragraph (1), it is the intent of the Legislature that the purchase or replacement of materials or fixtures due to implementation of a new school or athletic team name, mascot, or nickname pursuant to this section occur before the 2028–29 school year. (e) This section shall not apply to a public school that receives written consent from a local federally recognized tribe to use a derogatory Native American term for the school or an athletic team name, mascot, or nickname. (f) This section is not subject to waiver by the state board pursuant to Section 33050, except as specified in this section. (g) This section shall not apply to campuses of the California Community Colleges, the California State University, or the University of California. (Amended by Stats. 2024, Ch. 665, Sec. 1. (AB 3074) Effective January 1, 2025.)
  29. 221.5.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 1 GENERAL PROVISIONS [1. - 446] ( Part 1 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Educational Equity [200 - 280] ( Heading of Chapter 2 amended by Stats. 1998, Ch. 914, Sec. 6. ) ## ARTICLE 4. Sex Equity in Education Act [221.5 - 231.7] ( Article 4 heading added by Stats. 1998, Ch. 914, Sec. 18. )

    Verify source ↗

    Schools may not sex-segregate enrollment, guidance, or course requirements in these ways, and pupils must be allowed to join sex-segregated programs and use facilities consistent with their gender identity.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 1 GENERAL PROVISIONS [1. - 446] ( Part 1 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Educational Equity [200 - 280] ( Heading of Chapter 2 amended by Stats. 1998, Ch. 914, Sec. 6. ) ## ARTICLE 4. Sex Equity in Education Act [221.5 - 231.7] ( Article 4 heading added by Stats. 1998, Ch. 914, Sec. 18. ) ## 221.5. (a) It is the policy of the state that elementary and secondary school classes and courses, including nonacademic and elective classes and courses, be conducted, without regard to the sex of the pupil enrolled in these classes and courses. (b) A school district shall not prohibit a pupil from enrolling in any class or course on the basis of the sex of the pupil, except a class subject to Chapter 5.6 (commencing with Section 51930) of Part 28 of Division 4 of Title 2. (c) A school district shall not require a pupil of one sex to enroll in a particular class or course, unless the same class or course is also required of a pupil of the opposite sex. (d) A school counselor, teacher, instructor, administrator, or aide shall not, on the basis of the sex of a pupil, offer vocational or school program guidance to a pupil of one sex that is different from that offered to a pupil of the opposite sex or, in counseling a pupil, differentiate career, vocational, or higher education opportunities on the basis of the sex of the pupil counseled. Any school personnel acting in a career counseling or course selection capacity to a pupil shall affirmatively explore with the pupil the possibility of careers, or courses leading to careers, that are nontraditional for that pupil’s sex. The parents or legal guardian of the pupil shall be notified in a general manner at least once in the manner prescribed by Section 48980, in advance of career counseling and course selection commencing with course selection for grade 7 so that they may participate in the counseling sessions and decisions. (e) Participation in a particular physical education activity or sport, if required of pupils of one sex, shall be available to pupils of each sex. (f) A pupil shall be permitted to participate in sex-segregated school programs and activities, including athletic teams and competitions, and use facilities consistent with his or her gender identity, irrespective of the gender listed on the pupil’s records. (Amended by Stats. 2014, Ch. 71, Sec. 25. (SB 1304) Effective January 1, 2015.)
  30. 221.51.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 1 GENERAL PROVISIONS [1. - 446] ( Part 1 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Educational Equity [200 - 280] ( Heading of Chapter 2 amended by Stats. 1998, Ch. 914, Sec. 6. ) ## ARTICLE 4. Sex Equity in Education Act [221.5 - 231.7] ( Article 4 heading added by Stats. 1998, Ch. 914, Sec. 18. )

    Verify source ↗

    Local educational agencies must not treat pupils differently based on sex in rules tied to parental, family, or marital status, and must not exclude or deny pupils from programs because of pregnancy-related conditions. They may require a medical certification in limited cases.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 1 GENERAL PROVISIONS [1. - 446] ( Part 1 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Educational Equity [200 - 280] ( Heading of Chapter 2 amended by Stats. 1998, Ch. 914, Sec. 6. ) ## ARTICLE 4. Sex Equity in Education Act [221.5 - 231.7] ( Article 4 heading added by Stats. 1998, Ch. 914, Sec. 18. ) ## 221.51. (a) A local educational agency shall not apply any rule concerning a pupil’s actual or potential parental, family, or marital status that treats pupils differently on the basis of sex. (b) A local educational agency shall not exclude nor deny any pupil from any educational program or activity, including class or extracurricular activity, solely on the basis of the pupil’s pregnancy, childbirth, false pregnancy, termination of pregnancy, or recovery therefrom. (c) A local educational agency may require any pupil to obtain the certification of a physician or nurse practitioner that the pupil is physically and emotionally able to continue participation in the regular education program or activity. (d) Pregnant or parenting pupils shall not be required to participate in pregnant minor programs or alternative education programs. Pregnant or parenting pupils who voluntarily participate in alternative education programs shall be given educational programs, activities, and courses equal to those they would have been in if participating in the regular education program. (e) A local educational agency shall treat pregnancy, childbirth, false pregnancy, termination of pregnancy, and recovery therefrom in the same manner and under the same policies as any other temporary disabling condition. (f) For purposes of this section, “local educational agency” means a school district, a county office of education, a school operated by a school district or a county office of education, a charter school, the California Schools for the Deaf, or the California School for the Blind. (Added by Stats. 2018, Ch. 942, Sec. 2. (AB 2289) Effective January 1, 2019.)
  31. 221.6.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 1 GENERAL PROVISIONS [1. - 446] ( Part 1 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Educational Equity [200 - 280] ( Heading of Chapter 2 amended by Stats. 1998, Ch. 914, Sec. 6. ) ## ARTICLE 4. Sex Equity in Education Act [221.5 - 231.7] ( Article 4 heading added by Stats. 1998, Ch. 914, Sec. 18. )

    Verify source ↗

    The department must post specified Title IX regulatory information on its website by July 1, 2006, in English and Spanish and in language high school pupils can understand.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 1 GENERAL PROVISIONS [1. - 446] ( Part 1 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Educational Equity [200 - 280] ( Heading of Chapter 2 amended by Stats. 1998, Ch. 914, Sec. 6. ) ## ARTICLE 4. Sex Equity in Education Act [221.5 - 231.7] ( Article 4 heading added by Stats. 1998, Ch. 914, Sec. 18. ) ## 221.6. On or before July 1, 2006, the department shall post on its Internet Web site, in both English and Spanish and at a reading level that may be comprehended by pupils in high school, the information set forth in the federal regulations implementing Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.). (Amended by Stats. 2016, Ch. 86, Sec. 52. (SB 1171) Effective January 1, 2017.)
  32. 221.61.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 1 GENERAL PROVISIONS [1. - 446] ( Part 1 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Educational Equity [200 - 280] ( Heading of Chapter 2 amended by Stats. 1998, Ch. 914, Sec. 6. ) ## ARTICLE 4. Sex Equity in Education Act [221.5 - 231.7] ( Article 4 heading added by Stats. 1998, Ch. 914, Sec. 18. )

    Verify source ↗

    Covered schools must post specified Title IX information on their websites by July 1, 2017, and the Superintendent must send an annual electronic notice starting April 1, 2017.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 1 GENERAL PROVISIONS [1. - 446] ( Part 1 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Educational Equity [200 - 280] ( Heading of Chapter 2 amended by Stats. 1998, Ch. 914, Sec. 6. ) ## ARTICLE 4. Sex Equity in Education Act [221.5 - 231.7] ( Article 4 heading added by Stats. 1998, Ch. 914, Sec. 18. ) ## 221.61. (a) On or before July 1, 2017, public schools, private schools that receive federal funds and are subject to the requirements of Title IX, school districts, county offices of education, and charter schools shall post in a prominent and conspicuous location on their Internet Web sites all of the following: (1) The name and contact information of the Title IX coordinator for that public school, private school, school district, county office of education, or charter school, which shall include the Title IX coordinator’s phone number and email address. (2) The rights of a pupil and the public and the responsibilities of the public school, private school, school district, county office of education, or charter school under Title IX, which shall include, but shall not be limited to, Internet Web links to information about those rights and responsibilities located on the Internet Web sites of the department’s Office for Equal Opportunity and the United States Department of Education Office of Civil Rights, and the list of rights specified in Section 221.8. (3) A description of how to file a complaint under Title IX, which shall include all of the following: (A) An explanation of the statute of limitations within which a complaint must be filed after an alleged incident of discrimination has occurred, and how a complaint may be filed beyond the statute of limitations. (B) An explanation of how the complaint will be investigated and how the complainant may further pursue the complaint, including, but not limited to, Internet Web links to this information on the United States Department of Education Office for Civil Rights’ Internet Web site. (C) An Internet Web link to the United States Department of Education Office for Civil Rights complaints form, and the contact information for the office, which shall include the phone number and email address for the office. (b) On or before April 1, 2017, and annually thereafter, the Superintendent shall send a letter through electronic means to all public schools, private schools that receive federal funds and are subject to the requirements of Title IX, school districts, county offices of education, and charter schools informing them of the requirement specified in subdivision (a) and of their responsibilities under Title IX. (c) A public school that does not maintain an Internet Web site may comply with subdivision (a) by posting the information specified in paragraphs (1) to (3), inclusive, of subdivision (a) on the Internet Web site of its school district or county office of education. (d) Nothing in this section shall be construed to require a school or local educational agency to establish an Internet Web site if the school or local educational agency does not already maintain one. (Added by Stats. 2016, Ch. 655, Sec. 2. (SB 1375) Effective January 1, 2017.)
  33. 221.7.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 1 GENERAL PROVISIONS [1. - 446] ( Part 1 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Educational Equity [200 - 280] ( Heading of Chapter 2 amended by Stats. 1998, Ch. 914, Sec. 6. ) ## ARTICLE 4. Sex Equity in Education Act [221.5 - 231.7] ( Article 4 heading added by Stats. 1998, Ch. 914, Sec. 18. )

    Verify source ↗

    Public funds may not be used for school athletic programs that do not provide equal opportunity for both sexes in participation and facilities.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 1 GENERAL PROVISIONS [1. - 446] ( Part 1 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Educational Equity [200 - 280] ( Heading of Chapter 2 amended by Stats. 1998, Ch. 914, Sec. 6. ) ## ARTICLE 4. Sex Equity in Education Act [221.5 - 231.7] ( Article 4 heading added by Stats. 1998, Ch. 914, Sec. 18. ) ## 221.7. (a) The Legislature finds and declares that female pupils are not accorded opportunities for participation in school-sponsored athletic programs equal to those accorded male pupils. It is the intent of the Legislature that opportunities for participation in athletics be provided equally to male and female pupils. (b) Notwithstanding any other provisions of law, no public funds shall be used in connection with any athletic program conducted under the auspices of a school district governing board or any student organization within the district, which does not provide equal opportunity to both sexes for participation and for use of facilities. Facilities and participation include, but are not limited to, equipment and supplies, scheduling of games and practice time, compensation for coaches, travel arrangements, per diem, locker rooms, and medical services. (c) Nothing in this section shall be construed to require a school district to require competition between male and female pupils in school-sponsored athletic programs. (Added by renumbering Section 41 by Stats. 1998, Ch. 914, Sec. 3. Effective January 1, 1999.)
  34. 221.8.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 1 GENERAL PROVISIONS [1. - 446] ( Part 1 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Educational Equity [200 - 280] ( Heading of Chapter 2 amended by Stats. 1998, Ch. 914, Sec. 6. ) ## ARTICLE 4. Sex Equity in Education Act [221.5 - 231.7] ( Article 4 heading added by Stats. 1998, Ch. 914, Sec. 18. )

    Verify source ↗

    This provision lists student rights related to sex equity, including fair treatment, equal participation in athletics and extracurricular activities, access to scholarships, information, complaints, and protection from retaliation.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 1 GENERAL PROVISIONS [1. - 446] ( Part 1 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Educational Equity [200 - 280] ( Heading of Chapter 2 amended by Stats. 1998, Ch. 914, Sec. 6. ) ## ARTICLE 4. Sex Equity in Education Act [221.5 - 231.7] ( Article 4 heading added by Stats. 1998, Ch. 914, Sec. 18. ) ## 221.8. The following list of rights, which are based on the relevant provisions of the federal regulations implementing Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.), may be used by the department for purposes of Section 221.6: (a) You have the right to fair and equitable treatment and you shall not be discriminated against based on your sex. (b) You have the right to be provided with an equitable opportunity to participate in all academic extracurricular activities, including athletics. (c) You have the right to inquire of the athletic director of your school as to the athletic opportunities offered by the school. (d) You have the right to apply for athletic scholarships. (e) You have the right to receive equitable treatment and benefits in the provision of all of the following: (1) Equipment and supplies. (2) Scheduling of games and practices. (3) Transportation and daily allowances. (4) Access to tutoring. (5) Coaching. (6) Locker rooms. (7) Practice and competitive facilities. (8) Medical and training facilities and services. (9) Publicity. (f) You have the right to have access to a gender equity coordinator to answer questions regarding gender equity laws. (g) You have the right to contact the State Department of Education and the California Interscholastic Federation to access information on gender equity laws. (h) You have the right to file a confidential discrimination complaint with the United States Office of Civil Rights or the State Department of Education if you believe you have been discriminated against or if you believe you have received unequal treatment on the basis of your sex. (i) You have the right to pursue civil remedies if you have been discriminated against. (j) You have the right to be protected against retaliation if you file a discrimination complaint. (Added by renumbering Section 271 by Stats. 2015, Ch. 43, Sec. 3. (AB 1538) Effective January 1, 2016.)
  35. 221.9.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 1 GENERAL PROVISIONS [1. - 446] ( Part 1 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Educational Equity [200 - 280] ( Heading of Chapter 2 amended by Stats. 1998, Ch. 914, Sec. 6. ) ## ARTICLE 4. Sex Equity in Education Act [221.5 - 231.7] ( Article 4 heading added by Stats. 1998, Ch. 914, Sec. 18. )

    Verify source ↗

    Public schools with competitive athletics must publish specified athletics data each year and keep the compilation materials for at least three years.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 1 GENERAL PROVISIONS [1. - 446] ( Part 1 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Educational Equity [200 - 280] ( Heading of Chapter 2 amended by Stats. 1998, Ch. 914, Sec. 6. ) ## ARTICLE 4. Sex Equity in Education Act [221.5 - 231.7] ( Article 4 heading added by Stats. 1998, Ch. 914, Sec. 18. ) ## 221.9. (a) Commencing with the 2015–16 school year and every year thereafter, each public elementary and secondary school in the state, including each charter school, that offers competitive athletics shall publicly make available at the end of the school year all of the following information: (1) The total enrollment of the school, classified by gender. (2) The number of pupils enrolled at the school who participate in competitive athletics, classified by gender. (3) The number of boys’ and girls’ teams, classified by sport and by competition level. (b) The data required pursuant to subdivision (a) shall reflect the total number of players on a team roster on the official first day of competition. (c) The school shall make the information specified in subdivision (a) publicly available as follows: (1) If the school maintains an Internet Web site, by posting the information on the school’s Internet Web site. (2) If the school does not maintain an Internet Web site, by submitting the information to its school district or, for a charter school, to its charter operator. The school district or charter operator shall post the information on its Internet Web site, and the information shall be disaggregated by schoolsite. (d) The materials used by a school to compile the information specified in subdivision (a) shall be retained by the school for at least three years after the information is posted on the Internet pursuant to subdivision (c). (e) As used in this section, “competitive athletics” means sports where the activity has coaches, a governing organization, and practices, and competes during a defined season, and has competition as its primary goal. (Added by Stats. 2014, Ch. 258, Sec. 2. (SB 1349) Effective January 1, 2015.)
  36. 22100.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

    Verify source ↗

    This section says the chapter’s definitions control how this part is interpreted, unless the context requires otherwise.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 22100. Unless the context otherwise requires, the definitions set forth in this chapter govern the construction of this part. (Repealed and added by Stats. 1994, Ch. 933, Sec. 3. Effective September 28, 1994.)
  37. 22101.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

    Verify source ↗

    This section defines “Accumulated annuity deposit contributions” as the total annuity deposits credited to a member’s account plus credited interest.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 22101. “Accumulated annuity deposit contributions” means the sum of all the annuity deposits standing to the credit of the member’s account, together with credited interest. (Repealed and added by Stats. 1994, Ch. 933, Sec. 3. Effective September 28, 1994.)
  38. 22101.5.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

    Verify source ↗

    This section defines “Accumulated Defined Benefit Supplement account balance.”

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 22101.5. “Accumulated Defined Benefit Supplement account balance” means the amount of credits equal to the sum of member contributions, the member contributions picked up by an employer, employer contributions, interest credited pursuant to Section 25005 and additional earnings credited pursuant to Section 25006. (Amended (as added by Stats. 2000, Ch. 1021, Sec. 1) by Stats. 2016, Ch. 218, Sec. 2. (SB 1352) Effective January 1, 2017.)
  39. 22102.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

    Verify source ↗

    This section defines “accumulated retirement contributions” and lists amounts that are included and excluded.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 22102. “Accumulated retirement contributions” means the sum of the member contributions, the member contributions picked up by an employer pursuant to Sections 22903 and 22904, and credited interest on those contributions. Accumulated retirement contributions shall not include accumulated annuity deposit contributions, accumulated tax-sheltered annuity contributions, accumulated Defined Benefit Supplement account balance, or additional earnings credit. (Amended by Stats. 2000, Ch. 1021, Sec. 2. Effective January 1, 2001.)
  40. 22103.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

    Verify source ↗

    This section defines “accumulated tax-sheltered annuity contributions” as a member’s tax-sheltered contributions credited to the member’s account, plus credited interest.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 22103. “Accumulated tax-sheltered annuity contributions” means the tax-sheltered contributions made by a member and standing to the credit of the member’s account, together with credited interest. (Repealed and added by Stats. 1994, Ch. 933, Sec. 3. Effective September 28, 1994.)
  41. 22104.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

    Verify source ↗

    This section defines “actuarial equivalent” as an allowance of equal value calculated using tables and interest rates adopted by the board.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 22104. “Actuarial equivalent” means an allowance of equal value when computed upon the basis of such tables and interest rates that are adopted by the board. (Repealed and added by Stats. 1994, Ch. 933, Sec. 3. Effective September 28, 1994.)
  42. 22104.5.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

    Verify source ↗

    “Actuary” is defined as a person trained in insurance, pensions, and related technical fields who has been appointed by the board for actuarial services under this part.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 22104.5. “Actuary” means a person professionally trained in the technical and mathematical aspects of insurance, pensions, and related fields who has been appointed by the board for the purpose of actuarial services required under this part. (Added by Stats. 1999, Ch. 939, Sec. 4. Effective January 1, 2000.)
  43. 22104.7.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

    Verify source ↗

    This section defines “additional earnings credit” as an amount from investment income for the plan year, determined by the board by plan amendment and added to members’ Defined Benefit Supplement accounts.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 22104.7. “Additional earnings credit” means an amount derived from investment income for the plan year as determined by the board by plan amendment and added to members’ Defined Benefit Supplement accounts in addition to the amount credited at the minimum interest rate for that plan year. (Added by Stats. 2000, Ch. 74, Sec. 4. Effective January 1, 2001.)
  44. 22104.9.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

    Verify source ↗

    “Annuitant Reserve” means a segregated account in the retirement fund used to pay annuities under the Defined Benefit Supplement Program.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 22104.9. “Annuitant Reserve” means a segregated account within the retirement fund established and maintained for expenditure on annuities payable under the Defined Benefit Supplement Program. (Added by Stats. 2000, Ch. 74, Sec. 5. Effective January 1, 2001.)
  45. 22105.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

    Verify source ↗

    This section defines “annuity” for two retirement programs.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 22105. (a) “Annuity,” with respect to the Defined Benefit Program, means payments for life derived from the “accumulated annuity deposit contributions” of a member. (b) “Annuity,” with respect to the Defined Benefit Supplement Program, means an alternative payment arrangement wherein a benefit based on the balance of credits in a member’s Defined Benefit Supplement account is paid monthly rather than in a lump-sum. (Amended by Stats. 2000, Ch. 74, Sec. 6. Effective January 1, 2001.)
  46. 22105.5.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

    Verify source ↗

    This section defines “annuity beneficiary” as the person or trust a member designates to receive an annuity from the Defined Benefit Supplement Program after the member dies.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 22105.5. “Annuity beneficiary” means the person or trust designated by a member pursuant to Section 25011, 25011.1, 25018, or 25018.1 to receive an annuity under the Defined Benefit Supplement Program upon the member’s death. (Amended by Stats. 2016, Ch. 559, Sec. 1. (AB 1875) Effective January 1, 2017.)
  47. 22106.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

    Verify source ↗

    This section defines “annuity deposit contributions” as certain extra member contributions made before July 1, 1972.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 22106. “Annuity deposit contributions” means additional contributions made by a member prior to July 1, 1972, above those required for credited service for the purpose of providing additional retirement income. (Amended by Stats. 2000, Ch. 1025, Sec. 1. Effective January 1, 2001.)
  48. 22106.1.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

    Verify source ↗

    This section defines “base allowance” for certain supplemental benefit calculations, subject to an exception in Section 24410.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 22106.1. For the purposes of determining supplemental benefits pursuant to Sections 24412 and 24415, except as provided under Section 24410, “base allowance” means a monthly allowance under the Defined Benefit Program prior to all allowance increases by this part and after modification for an option, if applicable. (Amended by Stats. 2016, Ch. 218, Sec. 3. (SB 1352) Effective January 1, 2017.)
  49. 22106.2.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

    Verify source ↗

    This section defines “base days” for service credit and sets limits on how they are counted.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 22106.2. “Base days” means the number of days of creditable service the employer requires the member’s class of employees to perform in a school year during the member’s most recent year of creditable service to earn one year of service credit. Base days shall not include school and legal holidays and shall not be less than the minimum standard specified in Section 22138.5. For those standards identified in Section 22138.5 that are expressed only in terms of hours, the number of hours shall be divided by six to determine the number of base days. The number of base days shall not be less than 175. (Amended by Stats. 2020, Ch. 275, Sec. 1. (AB 2101) Effective January 1, 2021.)
  50. 22106.3.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

    Verify source ↗

    This section defines “base hours” as the number of hours of creditable service needed to earn one year of service credit.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 22106.3. “Base hours” means the number of hours of creditable service required to earn one year of service credit. (Added by renumbering Section 22106.2 by Stats. 2014, Ch. 755, Sec. 3. (SB 1220) Effective January 1, 2015.)
  51. 22106.5.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

    Verify source ↗

    This section defines “basis of employment” and distinguishes full-time from part-time basis.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 22106.5. “Basis of employment” means the standard of time over which the employer expects service to be performed by an employee in the position during the school term. (a) “Full-time basis” means a basis of employment that is full time. (b) “Part-time basis” means a basis of employment that is less than full time. (Amended by Stats. 2018, Ch. 416, Sec. 1. (SB 1165) Effective January 1, 2019.)
  52. 22107.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

    Verify source ↗

    This section defines who counts as a “beneficiary” under two retirement programs.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 22107. (a) “Beneficiary,” with respect to the Defined Benefit Program, means any person or entity receiving or entitled to receive an allowance or lump-sum payment under the Defined Benefit Program because of the disability or death of a member. (b) “Beneficiary,” with respect to the Defined Benefit Supplement Program, means any person or entity receiving or entitled to receive a final benefit under the Defined Benefit Supplement Program upon the death of a member. (Amended by Stats. 2000, Ch. 74, Sec. 8. Effective January 1, 2001.)
  53. 22108.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

    Verify source ↗

    This section defines “benefit” and “benefits” for two retirement programs.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 22108. (a) “Benefit” or “benefits,” with respect to the Defined Benefit Program, means any monthly payment due a retired member, disabled member, or beneficiary, and includes lump-sum payments due on account of death. (b) “Benefit” and “benefits,” with respect to the Defined Benefit Supplement Program, means an amount equal to the balance of credits in a member’s Defined Benefit Supplement account. (Amended by Stats. 2000, Ch. 74, Sec. 9. Effective January 1, 2001.)
  54. 22109.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

    Verify source ↗

    In this section, “Board” means the Teachers’ Retirement Board.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 22109. “Board” means the Teachers’ Retirement Board. (Repealed and added by Stats. 1994, Ch. 933, Sec. 3. Effective September 28, 1994.)
  55. 22109.8.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

    Verify source ↗

    This section defines “California Public Employees’ Pension Reform Act of 2013.”

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 22109.8. “California Public Employees’ Pension Reform Act of 2013” means the California Public Employees’ Pension Reform Act of 2013 (Article 4 (commencing with Section 7522) of Chapter 21 of Division 7 of Title 1 of the Government Code). (Added by Stats. 2013, Ch. 559, Sec. 2. (AB 1381) Effective January 1, 2014. Deemed operative January 1, 2013, by Sec. 1 of Ch. 559.)
  56. 22110.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

    Verify source ↗

    This section defines “California service” as service performed in California that may be credited.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 22110. “California service” means service performed in California for which credit may be given. (Repealed and added by Stats. 1994, Ch. 933, Sec. 3. Effective September 28, 1994.)
  57. 22110.1.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

    Verify source ↗

    This section defines “Cash Balance Benefit Program” as the benefit program of the State Teachers’ Retirement Plan in Part 14, beginning with Section 26000.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 22110.1. “Cash Balance Benefit Program” means the benefit program of the State Teachers’ Retirement Plan as set forth in Part 14 (commencing with Section 26000). (Amended by Stats. 1998, Ch. 1048, Sec. 2. Effective January 1, 1999.)
  58. 22110.2.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

    Verify source ↗

    This section defines “credential,” “credentials,” and “certificate” for this code section.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 22110.2. “Credential,” “credentials,” and “certificate” mean any life diploma, credential, certificate, or other document provided for, by, and issued pursuant to the laws of the state that authorize service in the public school system of this state. (Added by Stats. 1996, Ch. 634, Sec. 6.5. Effective January 1, 1997.)
  59. 22110.5.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

    Verify source ↗

    “Certificated” means a person holds a credential required by state law as a condition of valid employment in the job.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 22110.5. “Certificated” means the holding by a person of a credential that is required by the laws of the state to be held as a condition to valid employment in the position in which the person is employed. (Added by Stats. 1996, Ch. 634, Sec. 7. Effective January 1, 1997.)
  60. 22111.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

    Verify source ↗

    This section defines “child’s portion” or “children’s portion” for retirement-related benefit calculations.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 22111. “Child’s portion” or “children’s portion” means the amount of a disability allowance, disability retirement allowance, family allowance, or survivor benefit allowance payable for a dependent child or dependent children. (Repealed and added by Stats. 1996, Ch. 1165, Sec. 3. Effective January 1, 1997.)
  61. 22112.5.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

    Verify source ↗

    This section defines “class of employees” and gives the board power to override an employer’s classification decision.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 22112.5. (a) “Class of employees” means a number of employees considered as a group because they are employed to perform similar duties, are employed in the same type of program, or share other similarities related to the nature of the work being performed. (b) A class of employees may be comprised of one person if no other person employed by the employer performs similar duties, is employed in the same type of program, or shares other similarities related to the nature of the work being performed and that same class is in common use among other employers. (c) The board shall have the right to override the determination by an employer as to whether or not a group or an individual constitutes a “class of employees” within the meaning of this section. (d) The amendments to this section during the 1995–96 Regular Session of the Legislature shall be deemed to have become operative on July 1, 1996. (Amended by Stats. 1996, Ch. 1165, Sec. 5. Effective January 1, 1997.)
  62. 22112.6.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

    Verify source ↗

    A county office of education meeting these program-change conditions may classify employees by days of service, and certain employees may keep or choose a different class; certificated employees hired on or after October 1, 1997 must be in the subdivision (b) class.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 22112.6. Notwithstanding Section 22112.5, any county office of education that, prior to January 1, 1997, operated a special education program for up to 225 days, and changes that program to a regular school term of not less than 180 school days with an extended school term of not more than 45 days effective July 1, 1998, may consider days of service in defining not more than two classes of employees, subject to the following: (a) Members employed in the 225-day program prior to October 1, 1997, may remain in a class of employees for whom full-time service is 216 days per school term. (b) Any of those members may elect to belong to a second class of employees for whom full-time service is fewer than 216 days per year, but not less than the minimum standard specified in paragraph (1) of subdivision (b) of Section 22138.5, if both of the following conditions exist: (1) The election is made on or before June 30, 1998, and is effective July 1, 1998. (2) The election is nonrevocable. (c) All certificated employees hired on or after October 1, 1997, shall belong to the class of employees specified in subdivision (b). (d) This section shall not apply to certificated employees whose base school term is determined pursuant to subparagraph (A) or (B) of paragraph (2) of subdivision (b) of Section 22138.5. (Amended by Stats. 2018, Ch. 416, Sec. 2. (SB 1165) Effective January 1, 2019.)
  63. 22113.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

    Verify source ↗

    This section defines “comparable level position” as a job where the member can earn at least 66 2/3% of indexed final compensation.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 22113. “Comparable level position” means any job in which the member can earn 662/3 percent or more of indexed final compensation. (Repealed and added by Stats. 1994, Ch. 933, Sec. 3. Effective September 28, 1994.)
  64. 22115.2.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

    Verify source ↗

    Defines “concurrent membership” and gives members with that status specific rights to compensation calculation, redepositing contributions, and applying for retirement.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 22115.2. “Concurrent membership” means membership in the Defined Benefit Program by an individual who is credited with service that is not used as a basis for benefits under any other public retirement system and is also a member of the California Public Employees’ Retirement System, the Legislators’ Retirement System, the University of California Retirement System, county retirement systems established under Chapter 3 (commencing with Section 31450) of Part 3 of Division 4 of Title 3 of the Government Code, or the San Francisco Employees’ Retirement System. A member with concurrent membership shall have the right to the following: (a) Have final compensation determined pursuant to subdivision (d) of Section 22134 or subdivision (d) of Section 22134.5. (b) Redeposit accumulated retirement contributions pursuant to Section 23201. (c) Apply for retirement pursuant to paragraph (2) of subdivision (a) of Section 24201. (Amended by Stats. 2016, Ch. 218, Sec. 5. (SB 1352) Effective January 1, 2017.)
  65. 22115.5.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

    Verify source ↗

    This section defines “concurrent retirement” and says a qualifying member may retire from STRS and at least one other linked retirement system, but only if no creditable service is performed between the two retirement dates; a retired member later employed in a covered position is not eligible.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 22115.5. (a) “Concurrent retirement” entitles a member of the Defined Benefit Program to retire for service from the State Teachers’ Retirement System and from at least one of the retirement systems with which the member has concurrent membership, as defined in Section 22115.2, on the same date or on different dates provided that the member does not perform creditable service subject to coverage under the other system or the Defined Benefit Program between the two retirement dates. (b) A retired member who is subsequently employed in a position subject to membership in a public retirement system, specified in Section 22115.2, shall not be eligible for concurrent retirement. (Added by Stats. 1999, Ch. 939, Sec. 9. Effective January 1, 2000.)
  66. 22117.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

    Verify source ↗

    This section defines “contribution rate for additional service credit” for the State Teachers’ Retirement System.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 22117. “Contribution rate for additional service credit” means the contribution rate adopted by the board as a plan amendment with respect to the Defined Benefit Program for the purchase of service credit. This rate shall be based upon the most recent valuation of the plan with respect to the Defined Benefit Program and increased to include any subsequently required contribution rates designated for funding subsequent allowance increases. (Amended by Stats. 1998, Ch. 965, Sec. 2. Effective January 1, 1999.)
  67. 22118.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

    Verify source ↗

    For this code section, “county” also includes a “city and county.”

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 22118. “County” includes “city and county.” (Repealed and added by Stats. 1994, Ch. 933, Sec. 3. Effective September 28, 1994.)
  68. 22119.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

    Verify source ↗

    “County superintendent” means the county superintendent of schools.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 22119. “County superintendent” means the county superintendent of schools. (Repealed and added by Stats. 1994, Ch. 933, Sec. 3. Effective September 28, 1994.)
  69. 22119.2.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

    Verify source ↗

    This section defines “creditable compensation” for the retirement system and says what counts and does not count toward it.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 22119.2. (a) “Creditable compensation” means the following remuneration that is paid in cash by an employer to all persons in the same class of employees for performing creditable service in that position: (1) Salary or wages paid in accordance with a publicly available written contractual agreement, including, but not limited to, a salary schedule or employment agreement. (2) Remuneration that is paid in addition to salary or wages, provided it is paid to all persons who are in the same class of employees in the same dollar amount, the same percentage of salary or wages, or the same percentage of the amount being distributed. (b) Creditable compensation shall include: (1) Remuneration that is paid for the use of sick leave, vacation leave, or an employer-approved compensated leave of absence, except as provided in paragraph (4) of subdivision (d). (2) Member contributions that are picked up by an employer pursuant to Section 22903 or 22904. (3) Amounts that are deducted from a member’s remuneration, including, but not limited to, deductions for participation in a deferred compensation plan; deductions to purchase an annuity contract, tax-deferred retirement plan, or insurance program; and contributions to a plan that meets the requirements of Section 125, 401(a), 401(k), 403(b), 457(b), or 457(f) of Title 26 of the United States Code. (4) Any other payments the board determines to be “creditable compensation.” (c) Any creditable compensation determined by the system to have been paid to enhance a member’s benefits shall not be credited under the Defined Benefit Program. Contributions on that compensation shall be credited to the Defined Benefit Supplement Program. A presumption by the system that creditable compensation was paid to enhance a member’s benefits may be rebutted by the member or by the employer on behalf of the member. Upon receipt of sufficient evidence to the contrary, a presumption by the system that creditable compensation was paid to enhance the member’s benefits may be reversed. (d) “Creditable compensation” does not mean and shall not include: (1) Remuneration that is not paid in cash or is not paid to all persons who are in the same class of employees. (2) Remuneration that is paid for service that is not creditable service pursuant to Section 22119.5 or 22119.6. (3) Remuneration that is paid in addition to salary or wages if it is not paid to all persons in the same class of employees in the same dollar amount, the same percentage of salary or wages, or the same percentage of the amount being distributed pursuant to paragraph (2) of subdivision (a). (4) Remuneration that is paid in exchange for the relinquishment of unused accumulated leave. (5) Payments, including, but not limited to, those for participation in a deferred compensation plan; to purchase an annuity contract, tax-deferred retirement plan, or insurance program; and for contributions to a plan that meets the requirements of Section 125, 401(a), 401(k), 403(b), 457(b), or 457(f) of Title 26 of the United States Code when the cost is covered by an employer and is not deducted from the member’s salary. (6) Fringe benefits provided by an employer. (7) Expenses paid or reimbursed by an employer. (8) Severance pay, including lump-sum and installment payments, or money paid in excess of salary or wages to a member as compensatory damages or as a compromise settlement. (9) Any other payments the board determines not to be “creditable compensation.” (e) An employer or individual who knowingly or willfully reports compensation in a manner inconsistent with subdivision (a), (b), or (d) may be subject to prosecution for fraud, theft, or embezzlement in accordance with the Penal Code. The system may establish procedures to ensure that compensation reported by an employer is in compliance with this section. (f) For purposes of this section, remuneration shall be considered paid if distributed to any person in the same class of employees who meets the qualifications or requirements specified in a publicly available written contractual agreement, including, but not limited to, a collective bargaining agreement or an employment agreement, as a condition of receiving the remuneration. (g) This definition of “creditable compensation” reflects sound principles that support the integrity of the retirement fund. Those principles include, but are not limited to, consistent treatment of compensation throughout a member’s career, consistent treatment of compensation among an entire class of employees, consistent treatment of compensation for the position, preventing adverse selection, and excluding from compensation earnable remuneration that is paid to enhance a member’s benefits. The system shall determine the appropriate crediting of contributions between the Defined Benefit Program and the Defined Benefit Supplement Program according to these principles, to the extent not otherwise specified pursuant to this part. (h) The section shall become operative on July 1, 2002. (i) This section shall not apply to a member subject to the California Public Employees’ Pension Reform Act of 2013. (j) (1) The board shall determine a date based on when the system has the capacity to implement the changes made by the act that added this subdivision. The date determined by the board shall be posted on the internet website of the system no later than July 1, 2027. (2) This section shall become inoperative on the date determined by the board pursuant to paragraph (1), and this section shall be repealed on July 1, 2027. (Amended by Stats. 2024, Ch. 690, Sec. 5. (AB 1997) Effective January 1, 2025. Conditionally inoperative as prescribed by its own provisions. Repealed as of July 1, 2027, by its own provisions.)
  70. 22119.6.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

    Verify source ↗

    Some pre-2016 service activities that were reported as creditable service still count as creditable service, but later similar activities by a member in a new position are subject to Section 22119.5.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 22119.6. (a) Creditable service shall also include any activities that do not meet the definition of creditable service under Section 22119.5, but were performed for any employer, as defined in Section 22131, on or before December 31, 2015, and were reported as creditable service to the system. (b) The type of activities described in subdivision (a) performed by a member who becomes employed by the same or a different employer in a new position on or after January 1, 2016, shall be subject to Section 22119.5. (Added by Stats. 2015, Ch. 782, Sec. 5. (AB 963) Effective January 1, 2016.)
  71. 22120.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

    Verify source ↗

    This section defines “credited interest” for the State Teachers’ Retirement System.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 22120. “Credited interest” means interest that is credited to active members’ and inactive members’ accumulated retirement contributions and accumulated annuity deposit contributions at a rate set annually by the board as a plan amendment with respect to the Defined Benefit Program. (Amended by Stats. 2016, Ch. 218, Sec. 6. (SB 1352) Effective January 1, 2017.)
  72. 22122.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

    Verify source ↗

    This section defines “Custodian” for use in Section 22359.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 22122. “Custodian” as used in Section 22359, means any bank or trust company that serves as custodian for safekeeping, delivery, securities valuation, investment performance reporting, and other services in connection with investment of the fund. (Amended by Stats. 1996, Ch. 634, Sec. 11. Effective January 1, 1997.)
  73. 22122.4.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

    Verify source ↗

    This section defines “death payment” as the amount payable when a member dies, under specified sections.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 22122.4. “Death payment” means the amount payable upon the death of a member pursuant to Section 23801, 23851, or 23880. (Added by Stats. 1996, Ch. 634, Sec. 12. Effective January 1, 1997.)
  74. 22122.5.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

    Verify source ↗

    This section defines “Defined Benefit Program” as the Defined Benefit Program provided in the State Teachers’ Retirement Plan in this part.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 22122.5. “Defined Benefit Program” means the Defined Benefit Program provided in the State Teachers’ Retirement Plan as set forth in this part. (Amended by Stats. 1998, Ch. 1048, Sec. 3. Effective January 1, 1999.)
  75. 22122.7.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

    Verify source ↗

    This section defines “Defined Benefit Supplement contributions.”

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 22122.7. “Defined Benefit Supplement contributions” means member contributions and employer contributions that are credited by the system to the member’s Defined Benefit Supplement account pursuant to Section 25004. (Added by Stats. 2000, Ch. 74, Sec. 10. Effective January 1, 2001.)
  76. 22123.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

    Verify source ↗

    This section defines terms used for disability allowance and family allowance programs.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 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. (Amended by Stats. 2006, Ch. 655, Sec. 4. Effective January 1, 2007.)
  77. 22123.5.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

    Verify source ↗

    This section defines who counts as a dependent child, offspring, financially dependent child, and member for certain retirement and survivor benefit programs.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 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. (Amended by Stats. 2006, Ch. 655, Sec. 5. Effective January 1, 2007.)
  78. 22124.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

    Verify source ↗

    This section defines “dependent parent” for the State Teachers’ Retirement System.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 22124. “Dependent parent” means a natural parent of a member, or a parent who adopted the member prior to the earlier of the occurrence of the member’s marriage or his or her attaining 18 years of age, and who was receiving one-half or more of his or her support from the member at the time of the member’s death. (Amended by Stats. 1996, Ch. 634, Sec. 14. Effective January 1, 1997.)
  79. 22126.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

    Verify source ↗

    This section defines “disability” or “disabled” for the retirement system.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 22126. “Disability” or “disabled” means any medically determinable physical or mental impairment that is permanent or that can be expected to last continuously for at least 12 months, measured from the onset of the disability, but no earlier than the day following the last day of actual performance of service that prevents a member from performing the member’s usual duties for the member’s employer, the member’s usual duties for the member’s employer with reasonable modifications, or the duties of a comparable level position for which the member is qualified or can become qualified within a reasonable period of time by education, training, or experience. Any impairment from a willful self-inflicted injury shall not constitute a disability. (Amended by Stats. 2010, Ch. 207, Sec. 2. (AB 2260) Effective January 1, 2011.)
  80. 22127.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

    Verify source ↗

    “Disability allowance” means the amount payable to a disabled member on a monthly basis.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 22127. “Disability allowance” means the amount payable to a disabled member on a monthly basis. (Amended by Stats. 1996, Ch. 634, Sec. 17. Effective January 1, 1997.)
  81. 22127.2.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

    Verify source ↗

    This section defines “disability benefit” for the State Teachers’ Retirement System.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 22127.2. “Disability benefit” means the amount payable under the Defined Benefit Supplement Program based on the balance of credits in a member’s Defined Benefit Supplement account to either a disabled member pursuant to Section 24005 or to a member who retired for disability pursuant to Section 24105. (Added by Stats. 2000, Ch. 74, Sec. 11. Effective January 1, 2001.)
  82. 22128.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

    Verify source ↗

    “Early retirement” and “early retirement age” mean age 55.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 22128. “Early retirement” and “early retirement age” mean the age of 55 years, which is the age upon attainment of which the member becomes eligible under the Defined Benefit Program for a service retirement allowance with reduction because of age and without special qualifications. (Amended by Stats. 2000, Ch. 1025, Sec. 2. Effective January 1, 2001.)
  83. 22129.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

    Verify source ↗

    This section defines “educational institution.”

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 22129. “Educational institution” means any accredited public or private institution whose primary purpose is to provide classroom teaching and includes a high school, trade or vocational school or college, community college, or other college or university. (Amended by Stats. 1996, Ch. 634, Sec. 19. Effective January 1, 1997.)
  84. 22130.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

    Verify source ↗

    “Effective date” means the date when the benefit becomes payable.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 22130. “Effective date” means the date upon which the benefit becomes payable. (Amended by Stats. 1996, Ch. 634, Sec. 20. Effective January 1, 1997.)
  85. 22131.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

    Verify source ↗

    This section defines “employer” or “employing agency” and sets extra requirements for joint powers authorities.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 22131. (a) (1) “Employer” or “employing agency” means the state or any agency or political subdivision thereof, including, but not limited to, a joint powers authority, for which creditable service subject to coverage by the plan is performed. (2) In the case of a joint powers authority, all of the following criteria shall be met: (A) The joint powers authority shall be formed pursuant to the Joint Exercise of Powers Act (Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code). (B) All entities included in the joint powers authority shall be entities at which creditable service subject to coverage by the plan is performed. (C) The joint powers authority shall report through a single county office of education, with that county superintendent having responsibility for activities specified under this part, including but not limited to, reporting and remitting contributions. (b) This section shall be administered in compliance with the requirements defining a governmental plan set forth in Section 414(d) of the Internal Revenue Code of 1986 (26 U.S.C. Sec. 414(d)). (c) The board shall have final authority for determining an “employer” or “employing agency” for purposes of this part and Part 13.5 (commencing with Section 25900). (Amended by Stats. 2025, Ch. 239, Sec. 2. (SB 853) Effective January 1, 2026.)
  86. 22132.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

    Verify source ↗

    This section defines “employed” or “employment” for this part.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 22132. “Employed” or “employment” means employment to perform creditable service subject to coverage under the Defined Benefit Program or the Defined Benefit Supplement Program, except as otherwise specifically provided under this part. (Amended by Stats. 2000, Ch. 74, Sec. 12. Effective January 1, 2001.)
  87. 22132.5.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

    Verify source ↗

    This section defines “exclusive representative” by reference to another provision in the Government Code.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 22132.5. “Exclusive representative” means an exclusive representative as defined in subdivision (e) of Section 3540.1 of the Government Code. (Added by Stats. 2022, Ch. 754, Sec. 1. (AB 1667) Effective January 1, 2023.)
  88. 22133.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

    Verify source ↗

    “Family allowance” means amounts payable to eligible survivors under the referenced retirement-system chapter, for amounts after June 30, 1972.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 22133. “Family allowance” means amounts payable to eligible survivors provided pursuant to Chapter 22 (commencing with Section 23800) after June 30, 1972. (Repealed and added by Stats. 1994, Ch. 933, Sec. 3. Effective September 28, 1994.)
  89. 22133.5.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

    Verify source ↗

    “Final benefit” means the amount payable to a beneficiary under the Defined Benefit Supplement Program when the member dies.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 22133.5. “Final benefit” means the amount payable to a beneficiary under the Defined Benefit Supplement Program upon the death of the member. (Added by Stats. 2000, Ch. 74, Sec. 13. Effective January 1, 2001.)
  90. 22134.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

    Verify source ↗

    This section defines “final compensation” and sets rules for how service periods and credited compensation are counted when calculating it.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 22134. (a) “Final compensation” means the highest average annual compensation earnable, as defined by Section 22115, by a member during any period of 36 consecutive months of service while an active member of the Defined Benefit Program or time during which he or she was not a member but for which the member has received credit under the Defined Benefit Program, except time that was so credited for service performed outside this state prior to July 1, 1944. (b) For purposes of this section, periods of service separated by breaks in service or by periods in which a member’s salary was reduced because of a reduction in school funds as certified by the employer may be aggregated, if the periods of service are consecutive except for the breaks or periods of salary reduction. (c) The following shall be considered periods of service for the purpose of determining final compensation: (1) The full pay period if the member earns creditable compensation within that pay period, but not beyond the benefit effective date except as provided in paragraph (3). (2) The months of the school year preceding the school term if the member earns creditable compensation during the first pay period of that school term. (3) The months of the school year following the school term if the member earns creditable compensation during the last pay period of that school term. (4) Any period that is excluded from the school term if a member earns creditable compensation during the pay periods immediately preceding and immediately following the excluded period. (d) For purposes of determining the final compensation of a member who is eligible for concurrent retirement as defined in Section 22115.5, the compensation a person could earn for services rendered on a full-time basis under a retirement system with which the member has concurrent membership, as defined in Section 22115.2, shall be considered compensation earnable, provided that both of the following exist: (1) The compensation under the other system was not earned during the periods of service determined pursuant to subdivision (c) under the Defined Benefit Program. (2) Retirement for service under the Defined Benefit Program is concurrent with the member’s retirement for service under the other system pursuant to Section 22115.5. (e) The creditable compensation for the first school year in which a member earned creditable compensation shall be used when additional months of creditable compensation are required for the purpose of determining final compensation. (f) If a member has received service credit for part-time service performed prior to July 1, 1956, the member’s final compensation shall be adjusted for that service in excess of one year by the ratio that part-time service bears to full-time service. (g) For purposes of calculating a benefit that does not include service credit, final compensation shall be the highest average annual creditable compensation earned by a member during any period of 36 consecutive months of service, excluding compensation for which contributions are credited to the Defined Benefit Supplement Program. Final compensation determined pursuant to this subdivision shall not exceed the amount determined pursuant to subdivision (a). (h) The amendment of former Section 22127 made by Chapter 782 of the Statutes of 1982 does not constitute a change in, but is declaratory of, the existing law. (Amended by Stats. 2018, Ch. 416, Sec. 3. (SB 1165) Effective January 1, 2019.)
  91. 22134.5.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

    Verify source ↗

    This section defines “final compensation” for certain retirement calculations and sets when service periods count, including some special rules and exclusions.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 22134.5. (a) Notwithstanding Section 22134, “final compensation” means the highest average annual compensation earnable, as defined in Section 22115, by a member during any period of 12 consecutive months of service while an active member of the Defined Benefit Program or time during which he or she was not a member but for which the member has received credit under the Defined Benefit Program, except time that was so credited for service performed outside this state prior to July 1, 1944. (b) For purposes of this section, periods of service separated by breaks in service may be aggregated, if the periods of service are consecutive except for the breaks. (c) The following shall be considered periods of service for the purpose of determining final compensation: (1) The full pay period if the member earns creditable compensation within that pay period, but not beyond the benefit effective date except as provided in paragraph (3). (2) The months of the school year preceding the school term if the member earns creditable compensation during the first pay period of that school term. (3) The months of the school year following the school term if the member earns creditable compensation during the last pay period of that school term. (4) Any period that is excluded from the school term if a member earns creditable compensation during the pay periods immediately preceding and immediately following the excluded period. (d) For purposes of determining the final compensation of a member who is eligible for concurrent retirement as defined in Section 22115.5, the compensation a person could earn for services rendered on a full-time basis under a retirement system with which the member has concurrent membership, as defined in Section 22115.2, shall be considered compensation earnable, provided that both of the following exist: (1) The compensation under the other system was not earned during the periods of service determined pursuant to subdivision (c) under the Defined Benefit Program. (2) Retirement for service under the Defined Benefit Program is concurrent with the member’s retirement for service under the other system pursuant to Section 22115.5. (e) If a member has received service credit for part-time service performed prior to July 1, 1956, the member’s final compensation shall be adjusted for that service in excess of one year by the ratio that part-time service bears to full-time service. (f) For purposes of calculating a benefit that does not include service credit, final compensation shall be the highest average annual creditable compensation earned by a member during any period of 12 consecutive months of service, excluding compensation for which contributions are credited to the Defined Benefit Supplement Program. Final compensation determined pursuant to this subdivision shall not exceed the amount determined pursuant to subdivision (a). (g) This section shall apply to the following: (1) A member who has 25 or more years of credited service, excluding service credited pursuant to the following: (A) Section 22714. (B) Section 22715. (C) Section 22717, except as provided in subdivision (c) of Section 22121. (D) Section 22826. (2) A nonmember spouse, if the member had 25 or more years of credited service, as calculated in paragraph (1), on the date the parties separated, as established in the judgment or court order pursuant to Section 22652. (3) This section shall not apply to a member subject to the California Public Employees’ Pension Reform Act of 2013. (Amended by Stats. 2018, Ch. 416, Sec. 4. (SB 1165) Effective January 1, 2019.)
  92. 22135.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

    Verify source ↗

    This section defines “final compensation” and “classroom teacher,” and sets when the section applies, how employers must fund and reimburse allowance increases, and what notices and election rights employees have.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 22135. (a) Notwithstanding subdivision (a) of Section 22134, “final compensation” means the highest average annual compensation earnable, as defined by Section 22115, by an active member who is a classroom teacher not subject to the California Public Employees’ Pension Reform Act of 2013 and who retires, becomes disabled, or dies, after June 30, 1990, during any period of 12 consecutive months while an active member of the Defined Benefit Program. (b) Section 22134, except subdivision (a) of that section, shall apply to classroom teachers who retire after June 30, 1990, and any statutory reference to Section 22134 or “final compensation” with respect to a classroom teacher who retires, becomes disabled, or dies, after June 30, 1990, shall be deemed to be a reference to this section. (c) As used in this section, “classroom teacher” means any of the following: (1) All teachers and substitute teachers in positions requiring certification qualifications who spend, during the last 10 years of their employment with the same employer which immediately precedes their retirement, 60 percent or more of their contract time each year providing direct instruction. For the purpose of determining continuity of employment within the meaning of this subdivision, an authorized leave of absence for sabbatical or illness or other collectively bargained or employer-approved leaves shall not constitute a break in service. (2) Other certificated personnel who spend, during the last 10 years of their employment with the same employer that immediately precedes their retirement, 60 percent or more of their contract time each year providing direct services to pupils, including, but not limited to, librarians, counselors, nurses, speech therapists, resource specialists, audiologists, audiometrists, hygienists, optometrists, psychologists, driver safety instructors, and personnel on special assignment to perform school attendance and adjustment services. (d) As used in this section, “classroom teacher” does not include any of the following: (1) Certificated employees whose job descriptions require an administrative credential. (2) Certificated employees whose job descriptions include responsibility for supervision of certificated staff. (3) Certificated employees who serve as advisers, coordinators, consultants, or developers or planners of curricula, instructional materials, or programs, who spend, during the last 10 years of their employment with the same employer that immediately precedes their retirement, less than 60 percent of their contract time in direct instruction. (4) Certificated employees whose job descriptions require provision of direct instruction or services, but who are functioning in nonteaching assignments. (5) Classified employees. (e) This section shall apply only to teachers employed by an employer that has, pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, entered into, extended, renewed, or amended a written agreement with an exclusive representative, prior to January 1, 2014, that makes this section applicable to all of its classroom teachers, as defined in subdivision (c). (f) The written agreement shall include a mechanism to pay for all increases in allowances provided for by this section through employer contributions or employee contributions or both, which shall be collected and retained by the employer in a trust fund to be used solely and exclusively to pay the system for all increases in allowances provided by this section and related administrative costs; and a mechanism for disposition of the employee’s contributions if employment is terminated before retirement, and for the establishment of a trust fund board. The trust fund board shall administer the trust fund and shall be composed of an equal number of members representing classroom teachers chosen by the bargaining agent and the employer. If the employer agrees to pay the total cost of increases in allowances, the establishment of a trust fund and a trust fund board shall be optional to the employer. The employer, within 30 days of receiving an invoice from the system, shall reimburse the retirement fund the amount determined by the Teachers’ Retirement Board to be the actuarial equivalent of the difference between the allowance the member or beneficiary receives pursuant to this section and the allowance the member or beneficiary would have received if the member’s final compensation had been computed under Section 22134 and the proportionate share of the cost to the plan’s Defined Benefit Program, as determined by the Teachers’ Retirement Board, of administering this section. The payment shall include the cost of all increases in allowances provided for by this section for all years of service credited to the member as of the benefit effective date. Interest shall be charged at the regular interest rate for any payment not received within 30 days of receipt of the invoice. Payments not received within 30 days after receipt of the invoice may be collected pursuant to Section 23007. (g) Upon the execution of the agreement, the employer shall notify all certificated employees of the agreement and any certificated employee of the employer, who is a member of the Public Employees’ Retirement System pursuant to Section 22508, that he or she may, within 60 days following the date of notification, elect to terminate his or her membership in the Public Employees’ Retirement System and become a member of this plan’s Defined Benefit Program. However, only service credited under the Defined Benefit Program subsequent to the date of that election shall be subject to this section. (h) An employer that agrees to become subject to this section, shall, on a form and within the timeframes prescribed by the system, certify the applicability of this section to a member pursuant to the criteria set forth in this section when a retirement, disability, or family allowance becomes payable. (i) For a nonmember spouse, final compensation shall be determined pursuant to paragraph (5) of subdivision (c) of Section 22664. The employer, within 30 days of receiving an invoice from the system, shall reimburse the retirement fund pursuant to subdivision (f). Interest shall be charged at the regular interest rate for payments not received within the prescribed timeframe. Payments not received within 30 days of invoicing may be collected pursuant to Section 23007. (Amended by Stats. 2014, Ch. 755, Sec. 13. (SB 1220) Effective January 1, 2015.)
  93. 22137.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

    Verify source ↗

    For certain state employee members, final compensation is calculated using the higher salary they would have earned without a 5% salary-range reduction, and the employer must pay any resulting costs at retirement.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 22137. With respect to a state employee member who dies or retires on or after July 1, 1991, and who was a managerial or supervisory employee, as defined by subdivisions (e) and (g) of Section 3513 of the Government Code, whose monthly salary range was administratively reduced by 5 percent because of the salary range reductions administratively imposed upon managers and supervisors during the 1991–92 fiscal year, “final compensation” means the highest annual compensation the state employee member would have earned had his or her salary range not been reduced by the 5-percent reduction. This section shall only apply if the period during which the state member’s salary was reduced would have otherwise been included in determining his or her final compensation for retirement purposes. The costs, if any, that may result from the use of the higher final compensation shall be paid for by the employer at the time of retirement in a manner prescribed by the system. (Repealed and added by Stats. 1994, Ch. 933, Sec. 3. Effective September 28, 1994.)
  94. 22138.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

    Verify source ↗

    This section defines “final vesting” for a member or beneficiary’s retirement-related benefits.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 22138. “Final vesting” means the right of a member or a beneficiary to receive a monthly retirement allowance, disability allowance, a family benefit, or survivor benefits when the member has completed the minimum number of years of credited service, has attained the minimum specified age, has formally terminated his or her active service, has made application for retirement, or has been formally retired in accordance with Section 24201, after which the kind and amount of the retirement allowance is fixed and cannot thereafter be changed except as provided in this part. (Repealed and added by Stats. 1994, Ch. 933, Sec. 3. Effective September 28, 1994.)
  95. 22138.5.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

    Verify source ↗

    This section defines “full time,” sets minimum full-time service standards for different employee groups, requires districts to submit agreement copies to the system, and gives the board final authority when the section does not otherwise specify full time.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 22138.5. (a) (1) “Full time” means the days or hours of creditable service the employer requires to be performed by a class of employees in a school term in order to earn the annualized pay rate as defined in Section 22104.8 and specified under the terms of a collective bargaining agreement or employment agreement. For the purpose of crediting service under this part, “full time” may not be less than the minimum standard specified in this section. Each collective bargaining agreement or employment agreement that applies to a member subject to the minimum standard specified in either paragraph (5) or (6) of subdivision (c) shall specify the number of hours of creditable service that equals “full time” pursuant to this section for each class of employee subject to either paragraph and make specific reference to this section, and the district shall submit a copy of the agreement to the system. (2) The copies of each agreement shall be submitted electronically in a format determined by the system that ensures the security of the transmitted member data. (3) The copies shall be electronically submitted annually to the system on or before July 1, or on or before the effective date of the agreement, whichever is later. (b) The minimum standard for full time in prekindergarten through grade 12 is as follows: (1) One hundred seventy-five days per school term or 1,050 hours per school term, except as provided in paragraphs (2) and (3). (2) (A) One hundred ninety days per school term, or 1,520 hours per school term for all principals and program managers, including advisers, coordinators, consultants, and developers or planners of curricula, instructional materials, or programs, and for administrators, except as provided in subparagraph (B). (B) Two hundred fifteen days per school term or 1,720 hours per school term including school and legal holidays pursuant to the policy adopted by the employer’s governing board for administrators at a county office of education. (3) One thousand fifty hours per school term for teachers in adult education programs. (c) The minimum standard for full time in community colleges is as follows: (1) One hundred seventy-five days per school term or 1,050 hours per school term, except as provided in paragraphs (2), (3), (4), (5), and (6). Full time includes time for duties the employer requires to be performed as part of the full-time assignment for a particular class of employees. (2) One hundred ninety days per school term or 1,520 hours per school term for all program managers and for administrators, except as provided in paragraph (3). (3) Two hundred fifteen days per school term or 1,720 hours per school term including school and legal holidays pursuant to the policy adopted by the employer’s governing board for administrators at a district office. (4) One hundred seventy-five days per school term or 1,050 hours per school term for all counselors and librarians. (5) Five hundred twenty-five instructional hours per school term for all instructors employed on a part-time basis, except instructors specified in paragraph (6). If an instructor receives compensation for office hours pursuant to Article 10 (commencing with Section 87880) of Chapter 3 of Part 51 of Division 7 of Title 3, the minimum standard shall be increased appropriately by the number of office hours required annually for the class of employees. (6) Eight hundred seventy-five instructional hours per school term for all instructors employed in adult education programs. If an instructor receives compensation for office hours pursuant to Article 10 (commencing with Section 87880) of Chapter 3 of Part 51 of Division 7 of Title 3, the minimum standard shall be increased appropriately by the number of office hours required annually for the class of employees. (d) The board has final authority to determine full time for purposes of crediting service under this part if full time is not otherwise specified in this section. (e) This section shall become operative on July 1, 2013. (Amended by Stats. 2019, Ch. 96, Sec. 6. (AB 644) Effective January 1, 2020.)
  96. 22138.6.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

    Verify source ↗

    “Full-time equivalent” is defined as the days or hours of creditable service a part-time employee would need to perform in a school term if employed full time in that same part-time position.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 22138.6. “Full-time equivalent” means the days or hours of creditable service that a person who is employed on a part-time basis would be required to perform in a school term if he or she were employed full time in that part-time position. (Amended by Stats. 2018, Ch. 416, Sec. 6. (SB 1165) Effective January 1, 2019.)
  97. 22139.5.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

    Verify source ↗

    This section defines “Gain and Loss Reserve” as a segregated account in the retirement fund used for specified crediting and reserve-addition purposes.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 22139.5. “Gain and Loss Reserve” means a segregated account within the retirement fund that is established and maintained to do either of the following: (a) Credit interest to members’ Defined Benefit Supplement accounts at the minimum interest rate for plan years in which the board determines that the obligation cannot be met from the plan’s investment earnings with respect to the Defined Benefit Supplement Program. (b) Provide additions to the Annuitant Reserve to meet the plan’s obligation for annuities payable under the Defined Benefit Supplement Program. (Added by Stats. 2000, Ch. 74, Sec. 14. Effective January 1, 2001.)
  98. 22140.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

    Verify source ↗

    This section defines the “improvement factor” as a 2% increase in monthly allowances and says when it is added, when it vests, and when it cannot be compounded or applied.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 22140. (a) “Improvement factor,” with respect to the Defined Benefit Program, means an increase of 2 percent in monthly allowances. The improvement factor shall be added to a monthly allowance each year on September 1, commencing on September 1 following the first anniversary of the effective date of retirement, or the date on which the monthly allowance commenced to accrue to any beneficiary, or other periods specifically stated in this part. (b) The improvement factor may not be compounded nor shall it be applicable to annuities payable from the accumulated annuity deposit contributions or the accumulated tax-sheltered annuity contributions. (c) Beginning July 1, 2014, the improvement factor shall vest for an active member in any calendar year in which active members paid increased member contributions pursuant to Section 22901.7. (d) If, for any reason, the increased employee contribution referenced in subdivision (c), and as required by subdivisions (a) and (b) of Section 22901.7, ceases to be legally required to be made pursuant to the act that added this subdivision, then the Legislature reserves the right to adjust the amount of the improvement factor up or down as the economic conditions dictate for all members who retire on or after January 1, 2014. No adjustments of the improvement factor shall reduce the monthly retirement allowance or benefit below that which would be payable to the recipient under this part had this section not been enacted. (e) For members who retired before the calendar year in which Section 22901.7 was added the Legislature reserves the right to adjust the amount of the improvement factor up or down as economic conditions dictate. Any adjustment of the improvement factor may not reduce the monthly retirement allowance or annuity below that which would be payable to the recipient under this part had this section not been enacted. (Amended by Stats. 2014, Ch. 47, Sec. 2. (AB 1469) Effective June 24, 2014. Amending action may become inoperative under conditions prescribed by Stats. 2014, Ch. 47, Sec. 13, subd. (b).)
  99. 22141.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

    Verify source ↗

    This section defines the “improvement factor,” sets it at a 2% increase in certain retirement benefits, limits how it may be applied, and lets the Legislature adjust it in some circumstances.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 22141. (a) Notwithstanding Section 22140, “improvement factor” means an increase of 2 percent in benefits provided under Sections 24408 and 24409 for each year commencing September 1, 1981, and under Section 24410.5 for each year commencing September 1, 2001, and under Sections 24410.6 and 24410.7 for each year commencing September 1, 2002. The improvement factor shall not be compounded nor shall it be applicable to annuities payable from the accumulated annuity deposit contributions or the accumulated tax-sheltered annuity contributions. The Legislature reserves the right to adjust the amount of the improvement factor up or down as the economic conditions dictate. No adjustments of the improvement factor shall reduce the monthly retirement allowance or benefit below that which would be payable to the recipient under this part had this section not been enacted. (b) Beginning July 1, 2014, the improvement factor shall vest for an active member in any calendar year in which active members paid increased member contributions pursuant to Section 22901.7. (c) If, for any reason, the increased employee contribution referenced in subdivision (b), and as required by subdivisions (a) and (b) of Section 22901.7, ceases to be legally required to be made pursuant to the act that added this subdivision, then the Legislature reserves the right to adjust the amount of the improvement factor up or down as the economic conditions dictate for all members who retire on or after January 1, 2014. No adjustments of the improvement factor shall reduce the monthly retirement allowance or benefit below that which would be payable to the recipient under this part had this section not been enacted. (d) For members who retired before the calendar year in which Section 22901.7 was added, the Legislature reserves the right to adjust the amount of the improvement factor up or down as the economic conditions dictate. No adjustments of the improvement factor shall reduce the monthly retirement allowance or benefit below that which would be payable to the recipient under this part had this section not been enacted. (Amended by Stats. 2015, Ch. 123, Sec. 5. (AB 991) Effective January 1, 2016.)
  100. 22142.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

    Verify source ↗

    This section defines “indexed final compensation” for retirement calculations.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 22142. “Indexed final compensation” means final compensation upon which a disability allowance or disability retirement allowance was based, adjusted annually from the school year in which an allowance begins to accrue by the rate of change in the average compensation earnable as determined by the board. (Repealed and added by Stats. 1994, Ch. 933, Sec. 3. Effective September 28, 1994.)
  101. 22143.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

    Verify source ↗

    This section defines “investment manager” and “investment adviser” for the State Teachers’ Retirement System.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 22143. “Investment manager” and “investment adviser” mean any person, firm, or custodian referred to in Section 22359, either appointed by or under contract with the board to engage in investment transactions or to manage or advise in the management of the assets of the Teachers’ Retirement Fund with respect to the Defined Benefit Program under this part and the Cash Balance Benefit Program under Part 14 (commencing with Section 26000). (Amended by Stats. 1998, Ch. 965, Sec. 6.5. Effective January 1, 1999.)
  102. 22144.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

    Verify source ↗

    This section defines “investment transactions” for the chapter.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 22144. “Investment transactions” means investment services of an asset management or investment advisory nature and may include advisory services, research material, trading assistance, trading expenses, discretionary management of funds of the plan upon approval by the board, acquisition of equipment to be used as part of the investment function, services that provide a recommended course of action or personal expertise, investment-related legal expenses, investment-related contracting expenses, or custodian services referred to in Section 22359. (Amended by Stats. 1996, Ch. 634, Sec. 25. Effective January 1, 1997.)
  103. 22144.3.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

    Verify source ↗

    This section defines “leave of absence” and says certain pay for employer-approved compensated leave counts as creditable compensation.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 22144.3. (a) “Leave of absence” means a period of leave to which a member is entitled that is expressly authorized or required by Chapter 4 (commencing with Section 44800) of Part 25 of Division 3 of Title 2, or Chapter 1 (commencing with Section 87000) or Chapter 3 (commencing with Section 87400) of Part 51 of Division 7 of Title 3. (b) “Leave of absence” also means employer-approved compensated leave that is excluded under subdivision (a) that was or is taken on or after January 1, 2016. (c) Remuneration that is paid for an employer-approved compensated leave is creditable compensation pursuant to Sections 22119.2 and 22119.3. (Amended by Stats. 2020, Ch. 275, Sec. 3. (AB 2101) Effective January 1, 2021.)
  104. 22144.5.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

    Verify source ↗

    This section defines “liability gains and losses.”

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 22144.5. “Liability gains and losses” means the difference between actual noninvestment related experience and the experience expected based upon a set of noninvestment related actuarial assumptions during the period between two actuarial valuation dates, as determined in accordance with assumptions adopted by the board pursuant to Section 22311.5. (Added by Stats. 2000, Ch. 1021, Sec. 6. Effective January 1, 2001.)
  105. 22145.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

    Verify source ↗

    This provision defines “local system” as a retirement system, other than this system, in which public school teachers are members and that is operated by a city, county, or other political subdivision of the state.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 22145. “Local system” means any retirement system, exclusive of this system, in which public school teachers are members, operated by a city, county, or other political subdivision of the state. (Repealed and added by Stats. 1994, Ch. 933, Sec. 3. Effective September 28, 1994.)
  106. 22146.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

    Verify source ↗

    This section defines who counts as a “member” of the system and classifies members as active, inactive, disabled, or retired.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 22146. “Member” means any person, unless excluded under other provisions of this part, who has performed creditable service as defined in Section 22119.5 or 22119.6 and has earned creditable compensation for that service and has not received a refund for that service and, as a result, is subject to the Defined Benefit Program. A member’s rights and obligations under this part with respect to the Defined Benefit Program shall be determined by the applicability of subdivision (a), (b), (c), or (d), and subject to any applicable exceptions under other provisions of this part. (a) An active member is a member who is not retired or disabled and who earns creditable compensation during the school year. (b) An inactive member is a member who is not retired or disabled and who has not earned creditable compensation during the current or preceding school year. (c) A disabled member is a member to whom a disability allowance is payable under Chapter 25 (commencing with Section 24001). (d) A retired member is a member who has terminated employment and has retired for service under the provisions of Chapter 27 (commencing with Section 24201), or has retired for disability under the provisions of Chapter 26 (commencing with Section 24100) or retired for service or disability under the provisions of Chapter 21 (commencing with Section 23400), and to whom a retirement allowance is therefore payable. (Amended by Stats. 2015, Ch. 782, Sec. 6. (AB 963) Effective January 1, 2016.)
  107. 22146.2.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

    Verify source ↗

    This section defines who counts as a “member subject to the California Public Employees’ Pension Reform Act of 2013” and states the section is deemed operative on January 1, 2013.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 22146.2. (a) Notwithstanding subdivision (f) of Section 7522.04 of the Government Code, “member subject to the California Public Employees’ Pension Reform Act of 2013” means a person who first becomes employed to perform creditable service subject to coverage under the Defined Benefit Program on or after January 1, 2013. (b) A member as defined in subdivision (a) does not include a person who was a member on or before December 31, 2012, of the California Public Employees’ Retirement System, the Legislators’ Retirement System, the University of California Retirement System, a county retirement system established under Chapter 3 (commencing with Section 31450) of Part 3 of Division 4 of Title 3 of the Government Code, or the San Francisco Employees’ Retirement System, and the person performed service in the other retirement system within the six months prior to the commencement of creditable service under the Defined Benefit Program. (c) This section shall be deemed to have become operative on January 1, 2013. (Added by Stats. 2013, Ch. 559, Sec. 9. (AB 1381) Effective January 1, 2014. Deemed operative January 1, 2013, by Sec. 1 of Ch. 559.)
  108. 22146.5.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

    Verify source ↗

    “Membership” means membership in the Defined Benefit Program, except where this part specifically provides otherwise. The board has final authority to determine membership in the system.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 22146.5. “Membership” means membership in the Defined Benefit Program, except as otherwise specifically provided in this part. The board shall have final authority for determining membership in the system, considering the conditions under which persons may be admitted to and receive benefits from the system. (Amended by Stats. 2025, Ch. 239, Sec. 3. (SB 853) Effective January 1, 2026.)
  109. 22147.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

    Verify source ↗

    This section defines “month” differently depending on context.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 22147. (a) “Month” means 20 working days or four weeks of five working days each, including legal holidays, with respect to the computation and crediting of service. (b) “Month,” for all other purposes, means a period commencing on any day of a calendar month and extending through the day preceding the corresponding day of the succeeding calendar month, if there is any such corresponding day, and if not, through the last day of the succeeding calendar month. (Amended by Stats. 1998, Ch. 965, Sec. 9. Effective January 1, 1999.)
  110. 22147.5.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

    Verify source ↗

    This section defines “nonqualified service” as time when a member did not perform creditable service covered by the plan.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 22147.5. “Nonqualified service” means any time during which a member did not perform creditable service subject to coverage by the plan. Nonqualified service shall not include time for which the member is eligible to purchase credit pursuant to Chapter 14 (commencing with Section 22800), Chapter 14.2 (commencing with Section 22820), or Chapter 14.5 (commencing with Section 22850). (Amended by Stats. 2000, Ch. 1025, Sec. 6. Effective January 1, 2001.)
  111. 22148.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

    Verify source ↗

    This section defines “normal retirement” and “normal retirement age” as 60 years old, or 62 for a member subject to the California Public Employees’ Pension Reform Act of 2013.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 22148. “Normal retirement” and “normal retirement age” mean 60 years of age, or 62 years of age for a member subject to the California Public Employees’ Pension Reform Act of 2013, which is the age upon attainment of which the member becomes eligible under the Defined Benefit Program for a service retirement allowance without reduction because of age and without special qualifications. (Amended by Stats. 2013, Ch. 559, Sec. 10. (AB 1381) Effective January 1, 2014. Deemed operative January 1, 2013, by Sec. 1 of Ch. 559.)
  112. 22149.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

    Verify source ↗

    This section defines “option beneficiary” and “trust” for the State Teachers’ Retirement System.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 22149. (a) “Option beneficiary” means the person or trust designated by a member to receive a retirement allowance under the Defined Benefit Program upon the member’s death. (b) For purposes of this section, “trust” means an irrevocable trust with the following characteristics: (1) The trust satisfies the requirements of subparagraph (A) or (C) of paragraph (4) of subdivision (d) of Section 1396p of Title 42 of the United States Code. (2) The trust satisfies the requirements of Section 1.401(a)(9)-4 of Title 26 of the Code of Federal Regulations. (3) The trust, or the account in a pooled trust, is for the sole benefit of a single beneficiary and other beneficiaries to the trust, if any, are successor beneficiaries. (4) The beneficiary of the trust who is beneficiary with respect to the trust’s interest in the member’s benefit shall be considered the designated option beneficiary for the purpose of determining eligibility for, and the amount and duration of, benefits under the plan. (Amended by Stats. 2016, Ch. 559, Sec. 2. (AB 1875) Effective January 1, 2017.)
  113. 22150.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

    Verify source ↗

    This section defines “other public systems” by listing several public retirement, disability, insurance, and workers’ compensation programs.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 22150. “Other public systems” means any of the following: (a) Old age, survivors, disability, and health insurance program, other than the lump-sum death payment, provided by the Social Security Act (42 U.S.C.A. Sec. 300 and following). (b) The federal civil service retirement program. (c) Federal military disability. (d) Railroad retirement. (e) A workers’ compensation program. (f) Federal railroad retirement. (g) Any other public retirement system, including, but not limited to, any disability programs financed from public funds. (Repealed and added by Stats. 1994, Ch. 933, Sec. 3. Effective September 28, 1994.)
  114. 22152.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

    Verify source ↗

    This section defines “Parent” for the State Teachers’ Retirement System provisions.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 22152. “Parent” means a natural parent of a member or a parent who adopted the member prior to his or her attainment of 18 years of age or to the member’s marriage, whichever occurs earlier. (Repealed and added by Stats. 1994, Ch. 933, Sec. 3. Effective September 28, 1994.)
  115. 22154.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

    Verify source ↗

    “Pay period” means a payroll period lasting at least four weeks and no more than one calendar month.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 22154. “Pay period” means a payroll period of not less than four weeks or more than one calendar month. (Amended by Stats. 1998, Ch. 965, Sec. 11. Effective January 1, 1999.)
  116. 22155.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

    Verify source ↗

    “Payroll” includes registers, warrants, and other documents the employer uses to identify persons who are paid.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 22155. “Payroll” includes registers, warrants, and any other documents upon which the employer identifies persons to whom compensation is paid. (Amended by Stats. 1997, Ch. 482, Sec. 5. Effective January 1, 1998.)
  117. 22155.5.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

    Verify source ↗

    This section defines “Plan” as the State Teachers’ Retirement Plan.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 22155.5. “Plan” means the State Teachers’ Retirement Plan. (Amended by Stats. 1998, Ch. 1048, Sec. 4. Effective January 1, 1999.)
  118. 22156.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

    Verify source ↗

    This section defines “plan vesting” for Defined Benefit Program benefits.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 22156. “Plan vesting,” with respect to benefits payable under the Defined Benefit Program, means the member has met the credited service requirement for receipt of a benefit, and has a right to receive the benefit at a future date provided all other conditions required to receive the benefit are also met. (Amended by Stats. 2000, Ch. 1025, Sec. 10. Effective January 1, 2001.)
  119. 22156.05.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

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    “Plan year” is defined as July 1 through June 30 of the next year. For the Defined Benefit Supplement Program, the board must designate the initial plan year by plan amendment.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 22156.05. “Plan year” means the period of time beginning on July 1 of one calendar year and ending on June 30 of the following calendar year. For purposes of the Defined Benefit Supplement Program, the board shall designate by plan amendment the initial plan year. (Added by Stats. 2000, Ch. 74, Sec. 17. Effective January 1, 2001.)
  120. 22156.07.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

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    This section defines when a job is a “position subject to membership” in the State Teachers’ Retirement System and says the board must set and post an operative date.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 22156.07. (a) Except as otherwise provided under this part, “position subject to membership” means the following: (1) A position at a county office of education or school district, not including a charter school, that the governing body of the employer has designated in a resolution adopted at a public meeting as a position subject to membership for which the employer requires the holding of a valid credential, license, or certificate authorized by the Commission on Teacher Credentialing or the State Department of Health Care Services. The resolution must be in effect on the date of hire in the position or be effective retroactively to include the position as of the date of hire, whichever is later, but no earlier than the operative date of this section as determined by subdivision (c). (2) A position at a county office of education or school district, including a charter school, that is included in a certificated bargaining unit represented by an exclusive representative, whether by agreement between the exclusive representative and the employer as reflected in a collective bargaining agreement or by written decision of the Public Employment Relations Board. The collective bargaining agreement must be in effect on the date of hire in the position or be effective retroactively to include the position as of the date of hire, whichever is later, but no earlier than the operative date of this section as determined by subdivision (c). (3) A position at a charter school eligible to receive state apportionment where the position requires the holding of a Commission on Teacher Credentialing certificate, permit, or other document pursuant to subdivision (l) of Section 47605. (4) A position at a community college district, that is any of the following: (A) A faculty member, as defined in Section 87003, subject to the appropriate minimum standards adopted by the Board of Governors of the California Community Colleges pursuant to Section 87356. (B) An academic position, as defined in subdivision (b) of Section 87001, subject to the appropriate minimum standards adopted by the Board of Governors of the California Community Colleges pursuant to Section 87356. (C) An educational administrator, as defined in subdivision (b) of Section 87002, subject to the appropriate minimum standards adopted by the Board of Governors of the California Community Colleges pursuant to Section 87356. (D) A position pursuant to a contract with the United States Department of Defense to provide vocational training as an employee of a community college employer. (5) A position as a superintendent of a California public school. (6) A position that would otherwise be subject to membership in a different public retirement system when held by a member who has elected coverage by the Defined Benefit Program pursuant to Chapter 10 (commencing with Section 22500). (b) “Position subject to membership” does not mean and shall not include: (1) A position that would otherwise be subject to coverage by the Defined Benefit Program when held by a member of the Public Employees’ Retirement System who has elected coverage in the Public Employees’ Retirement System pursuant to Chapter 10 (commencing with Section 22500). (2) A position that is not employed by an employer or employing agency as defined in Section 22131. (3) A position at a county office of education or school district, including a charter school, that is included in a noncertificated bargaining unit represented by an exclusive representative, whether by agreement between the exclusive representative and the employer as reflected in a collective bargaining agreement in effect on the date of hire in the position or by written decision of the Public Employment Relations Board. (c) (1) The board shall determine a date based on when the system has the capacity to implement the changes made by the act that added this subdivision. The date determined by the board shall be posted on the internet website of the system no later than July 1, 2027. (2) This section shall become operative on the date determined by the board pursuant to paragraph (1). (Added by Stats. 2024, Ch. 690, Sec. 12. (AB 1997) Effective January 1, 2025. Conditionally operative as prescribed by its own provisions.)
  121. 22156.08.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

    Verify source ↗

    This section expands which positions count as “position subject to membership” in limited cases, and sets a board-driven deadline for posting the implementation date.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 22156.08. (a) “Position subject to membership” shall also include the following positions in which a member performed creditable service before the operative date of Section 22156.07 provided that the same member remains continuously employed to perform service in that position on and after the operative date of Section 22156.07: (1) A position in which the member performed creditable service pursuant to Section 22119.5, as that section read before the operative date of Section 22156.07. (2) A position in which the member performed the activities described in subdivision (a) of Section 22119.6. (b) Subdivision (a) shall not apply to a member who becomes employed by the same or a different employer in a new position on or after the operative date of this section, and the member shall be subject to Section 22156.07. (c) (1) The board shall determine a date based on when the system has the capacity to implement the changes made by the act that added this subdivision. The date determined by the board shall be posted on the internet website of the system no later than July 1, 2027. (2) This section shall become operative on the date determined by the board pursuant to paragraph (1). (Added by Stats. 2024, Ch. 690, Sec. 13. (AB 1997) Effective January 1, 2025. Conditionally operative as prescribed by its own provisions.)
  122. 22156.1.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

    Verify source ↗

    “Present value” is defined for Section 22718 as the money needed at retirement to reimburse the system for the actuarial cost tied to unused excess sick leave days.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 22156.1. “Present value,” for purposes of Section 22718, means the amount of money needed on the effective date of retirement to reimburse the system for the actuarially determined cost of the portion of a member’s retirement allowance attributable to unused excess sick leave days. The present value on the effective date of retirement shall equal the number of unused excess sick leave days divided by the number of base days, as defined in Section 22106.2, multiplied by the prior year’s compensation earnable multiplied by the present value factor. (Amended by Stats. 2020, Ch. 275, Sec. 5. (AB 2101) Effective January 1, 2021.)
  123. 22156.2.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

    Verify source ↗

    This section defines “present value factor” for use in Section 22156.1.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 22156.2. “Present value factor,” for purposes of Section 22156.1, means an overall average rate based upon the demographics of members who recently retired under the Defined Benefit Program and regular interest that shall determine present value on the effective date of retirement. (Added by Stats. 1999, Ch. 939, Sec. 19. Effective January 1, 2000.)
  124. 22156.5.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

    Verify source ↗

    This section defines “prior year’s compensation earnable.”

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 22156.5. “Prior year’s compensation earnable” means the compensation earnable for the most recent school year in which the member earned service credit that precedes the last school year in which the member earned service credit. (Added by Stats. 1999, Ch. 939, Sec. 20. Effective January 1, 2000.)
  125. 22157.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

    Verify source ↗

    “Projected final compensation” means the final compensation used to compute a disability or family allowance, increased by 2% compounded annually until the earlier of normal retirement age or termination of the disability allowance.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 22157. “Projected final compensation” means the final compensation used in computing the disability or family allowance increased by 2 percent, compounded annually to the earlier of normal retirement age or the date the disability allowance is terminated. (Repealed and added by Stats. 1994, Ch. 933, Sec. 3. Effective September 28, 1994.)
  126. 22158.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

    Verify source ↗

    This section defines “projected service” and explains how it is calculated for a member’s school year service record.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 22158. (a) “Projected service” means the sum of credited service plus the credited service that would have been earned for the school years during which a disability allowance was payable if the member had performed creditable service during that time. (b) Projected service for a school year shall be determined on the basis of the highest credited service earned by the member during any one of the three school years immediately preceding the member’s death or the date the disability allowance began to accrue. (c) Projected service shall not include credited service for which contributions have been credited to the Defined Benefit Supplement Program. (Repealed and added by Stats. 2000, Ch. 1021, Sec. 9. Effective January 1, 2001.)
  127. 22159.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

    Verify source ↗

    “Proof of death” means giving the system whatever evidence of death it requires.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 22159. “Proof of death” means providing to the system any evidence of death required by the system. (Repealed and added by Stats. 1994, Ch. 933, Sec. 3. Effective September 28, 1994.)
  128. 22160.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

    Verify source ↗

    “Provisional vesting” is when a member meets the minimum age and credited-service requirements for a retirement allowance, and may then terminate employment and retire to receive it.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 22160. “Provisional vesting” means the member has reached the minimum age requirement and has attained the credited service required under the Defined Benefit Program for eligibility to receive a retirement allowance, and the member is entitled to terminate employment and retire at any time to receive a retirement allowance. (Amended by Stats. 2000, Ch. 1025, Sec. 12. Effective January 1, 2001.)
  129. 22160.5.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

    Verify source ↗

    “Public employer” is defined by reference to subdivision (i) of Section 7522.04 of the Government Code.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 22160.5. “Public employer” means a public employer as defined in subdivision (i) of Section 7522.04 of the Government Code. (Added by Stats. 2013, Ch. 559, Sec. 11. (AB 1381) Effective January 1, 2014. Deemed operative January 1, 2013, by Sec. 1 of Ch. 559.)
  130. 22161.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

    Verify source ↗

    This section defines “public school” for the Education Code.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 22161. “Public school” means any day or evening elementary school, any day or evening secondary school, community college, technical school, kindergarten school, and prekindergarten school established by the Legislature, or by municipal or district authority. (Amended by Stats. 1999, Ch. 939, Sec. 21. Effective January 1, 2000.)
  131. 22161.3.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

    Verify source ↗

    Qualified military service means military service as defined in Section 414(u) of Title 26 of the United States Code.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 22161.3. Qualified military service is military service as defined in Section 414(u) of Title 26 of the United States Code. (Added by Stats. 2011, Ch. 703, Sec. 1. (SB 349) Effective January 1, 2012.)
  132. 22161.5.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

    Verify source ↗

    “Refund” means the lump-sum return of a member’s accumulated retirement contributions under the Defined Benefit Program, excluding the balance of credits in the member’s Defined Benefit Supplement account.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 22161.5. “Refund” means the lump-sum return of a member’s accumulated retirement contributions under the Defined Benefit Program and does not include the balance of credits in the member’s Defined Benefit Supplement account. (Amended by Stats. 2000, Ch. 1021, Sec. 10. Effective January 1, 2001.)
  133. 22162.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

    Verify source ↗

    “Regular interest” is defined as interest equal to the actuarially assumed rate of return on Defined Benefit Program assets, and the board must adopt the regular interest rate annually as a plan amendment.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 22162. “Regular interest” means interest that is equal to the actuarially assumed rate of return on investments on assets of the Defined Benefit Program. The regular interest rate shall be adopted annually by the board as a plan amendment with respect to the Defined Benefit Program. This section shall become operative on July 1, 2010. (Repealed (in Sec. 1) and added by Stats. 2009, Ch. 249, Sec. 2. (AB 654) Effective January 1, 2010. Section operative July 1, 2010, by its own provisions.)
  134. 22162.5.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

    Verify source ↗

    “Regular meeting” means a board meeting held under a board-adopted schedule that states the meeting dates and places.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 22162.5. “Regular meeting” means a meeting of the board held in accordance with a schedule of meetings that states the dates and places of the meetings and that is adopted by the board. (Added by Stats. 1996, Ch. 634, Sec. 35. Effective January 1, 1997.)
  135. 22163.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

    Verify source ↗

    This section defines “reinstatement” for the Defined Benefit Program.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 22163. “Reinstatement” means the change in status with respect to the Defined Benefit Program under this part from a disabled or retired member to an active or inactive member and termination of one of the following: (a) A service retirement allowance pursuant to Section 24208. (b) A disability retirement allowance pursuant to Section 24117. (c) A disability allowance pursuant to Section 24004, 24006, or 24015. (d) A service retirement allowance or disability retirement allowance pursuant to Section 23404. (Amended by Stats. 2000, Ch. 1025, Sec. 13. Effective January 1, 2001.)
  136. 22164.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

    Verify source ↗

    “Replacement benefits program” is defined as the program established under Chapter 27.5 and compliant with IRC Section 415(m) for a governmental plan.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 22164. “Replacement benefits program” means the program established pursuant to Chapter 27.5 (commencing with Section 24250) in compliance with the provisions of Section 415(m) of the Internal Revenue Code of 1986 (26 U.S.C. Sec. 415(m)) as applicable to a governmental plan, as defined in Section 414(d) of the Internal Revenue Code of 1986 (26 U.S.C. Sec. 414(d)). (Added by Stats. 1999, Ch. 465, Sec. 1. Effective January 1, 2000.)
  137. 22164.5.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

    Verify source ↗

    This section defines “retired member activities” and excludes certain third-party employee activities if all listed conditions are met.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 22164.5. (a) “Retired member activities” means one or more activities identified in subdivision (b), (c), or (d) of Section 22119.5 or subdivision (b), (c), or (d) of Section 26113 within the California public school system and performed by a member retired for service under this part as one of the following: (1) An employee of an employer. (2) An employee of a third party, except as specified in subdivision (b). (3) An independent contractor. (b) The activities of an employee of a third party shall not be included in the definition of “retired member activities” if all of the following conditions apply: (1) The employee performs an assignment of 24 months or less. (2) The third-party employer does not participate in a California public pension system. (3) The activities performed by the individual are not normally performed by employees of an employer, as defined in Section 22131. (Amended by Stats. 2015, Ch. 782, Sec. 7. (AB 963) Effective January 1, 2016.)
  138. 22165.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

    Verify source ↗

    This section defines “retirement” for the plan.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 22165. “Retirement” means termination of employment subject to coverage by the plan and a change in status from an inactive member, an active member, or a disabled member to a retired member. (Amended by Stats. 2000, Ch. 1025, Sec. 14. Effective January 1, 2001.)
  139. 22166.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

    Verify source ↗

    This section defines “retirement allowance” as the amount payable monthly to a retired member or an option beneficiary.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 22166. “Retirement allowance” means the amount payable to a retired member or an option beneficiary on a monthly basis. (Amended by Stats. 1996, Ch. 634, Sec. 40. Effective January 1, 1997.)
  140. 22166.5.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

    Verify source ↗

    “Retirement benefit” means the amount payable under the Defined Benefit Supplement Program for an eligible retired member, based on credits in the member’s Defined Benefit Supplement account.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 22166.5. “Retirement benefit” means the amount payable under the Defined Benefit Supplement Program, based on the balance of credits in the member’s Defined Benefit Supplement account, to a member who has retired for service under the Defined Benefit Program. (Added by Stats. 2000, Ch. 74, Sec. 21. Effective January 1, 2001.)
  141. 22167.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

    Verify source ↗

    This section defines “retirement fund” as the Teachers’ Retirement Fund.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 22167. “Retirement fund” means the Teachers’ Retirement Fund. (Repealed and added by Stats. 1994, Ch. 933, Sec. 3. Effective September 28, 1994.)
  142. 22168.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

    Verify source ↗

    “Return on investments” means income received or receivable from the system’s investments.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 22168. “Return on investments” means income received or receivable from the system’s investments. (Repealed and added by Stats. 1994, Ch. 933, Sec. 3. Effective September 28, 1994.)
  143. 22168.5.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

    Verify source ↗

    This section defines “school term” as at least 35 weeks, with a specific full-time service period and an exception for time excluded by a publicly available written contractual agreement.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 22168.5. “School term” means a minimum period of 35 weeks beginning the first day and ending the last day creditable service is required to be performed by a member employed on a full-time basis, excluding any period that has been excluded pursuant to a publicly available written contractual agreement. The school term shall also be the same for a member who is not employed on a full-time basis who is performing the same duties as a member employed on a full-time basis. (Added by Stats. 2016, Ch. 218, Sec. 10. (SB 1352) Effective January 1, 2017.)
  144. 22169.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

    Verify source ↗

    “School year” means the period from July 1 of one calendar year to June 30 of the next.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 22169. “School year” means the period of time beginning on July 1 of one calendar year and ending on June 30 of the following calendar year. (Amended by Stats. 2018, Ch. 416, Sec. 7. (SB 1165) Effective January 1, 2019.)
  145. 22170.5.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

    Verify source ↗

    This section defines “sick leave days,” “basic sick leave day,” and “excess sick leave days,” and says hours-based standards in Section 22138.5 are divided by six to get days.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 22170.5. (a) “Sick leave days” means the number of days of accumulated and unused leave of absence for illness or injury granted by each employer. (b) “Basic sick leave day” means the days of paid leave of absence due to illness or injury granted by each employer that are not excess sick leave days. (c) “Excess sick leave days” means the day or total number of days of paid leave of absence due to illness or injury granted by each employer in excess of 12 days per school year. (d) For those standards identified in Section 22138.5 that are expressed only in terms of hours, the number of hours shall be divided by six to determine the number of days pursuant to this section. (Amended by Stats. 2020, Ch. 275, Sec. 6. (AB 2101) Effective January 1, 2021.)
  146. 22171.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

    Verify source ↗

    This section defines when a person counts as a “spouse” for a member, including certain shorter marriages, and treats registered domestic partners the same as spouses unless excluded.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 22171. (a) “Spouse” means a person who was continuously married to the member for the period beginning at least 12 months prior to the death of the member, unless a child is born to the member and the member’s spouse within the 12-month period or unless the spouse is carrying a fetus, conceived with the member. (b) “Spouse” also means a person who was married to the member for less than 12 months, if the member’s death was either accidental, or due to an illness, and the marriage took place prior to the occurrence of the injury or diagnosis of the illness that resulted in death. (1) A member’s death is defined as accidental only if the member received bodily injuries through violent, external, or accidental means and died as a direct result of the bodily injuries and independent of all other causes. (2) This subdivision does not apply if, at the time of the marriage, the member could not have reasonably been expected to live for 12 months. (c) Except as excluded by Sections 22661 and 23812, a person who is the registered domestic partner of a member, as established pursuant to Section 297 or 299.2 of the Family Code, shall be treated in the same manner as a spouse. (Amended by Stats. 2023, Ch. 260, Sec. 10. (SB 345) Effective January 1, 2024.)
  147. 22172.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

    Verify source ↗

    “Survivor allowance” is defined as the allowance provided for in Section 23804 as it read under the law in effect on June 30, 1972.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 22172. “Survivor allowance” means the allowance provided for in Section 23804 as it read under the law in effect on June 30, 1972. (Repealed and added by Stats. 1994, Ch. 933, Sec. 3. Effective September 28, 1994.)
  148. 22173.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

    Verify source ↗

    This section defines “survivor benefit allowance” as the monthly allowance a surviving spouse may elect to receive under Chapter 23.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 22173. “Survivor benefit allowance” means the monthly allowance that a surviving spouse may elect to receive pursuant to Chapter 23 (commencing with Section 23850). (Repealed and added by Stats. 1994, Ch. 933, Sec. 3. Effective September 28, 1994.)
  149. 22174.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

    Verify source ↗

    This section defines “System” as the State Teachers’ Retirement System.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 22174. “System” means the State Teachers’ Retirement System. (Repealed and added by Stats. 1994, Ch. 933, Sec. 3. Effective September 28, 1994.)
  150. 22175.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

    Verify source ↗

    This section defines “System’s headquarters office” as the office building established as the system’s permanent headquarters facility under Section 22375.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 22175. “System’s headquarters office” means the office building established as the permanent headquarters facility for the system, pursuant to Section 22375. (Added by Stats. 2013, Ch. 558, Sec. 5. (AB 1379) Effective January 1, 2014.)
  151. 22176.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

    Verify source ↗

    This section defines “termination benefit” as the lump-sum amount equal to the balance of credits in a member’s Defined Benefit Supplement account when the member has ended all employment covered by the plan.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 22176. “Termination benefit” means a benefit equal in amount to the balance of credits in the member’s Defined Benefit Supplement account that is payable to the member in a lump-sum when the member has terminated all employment to perform creditable service subject to coverage by the plan. (Added by Stats. 2000, Ch. 74, Sec. 22. Effective January 1, 2001.)
  152. 22177.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. )

    Verify source ↗

    This section defines “unfunded actuarial obligation” for two retirement programs.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 2. Definitions [22100 - 22177] ( Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3. ) ## 22177. (a) “Unfunded actuarial obligation,” with respect to the Defined Benefit Program, means that portion of the actuarial present value of benefits that is not provided for by future, normal costs or covered by the actuarial value of assets attributable to the Defined Benefit Program, based on assumptions adopted by the board pursuant to Section 22311.5. (b) “Unfunded actuarial obligation,” with respect to the Defined Benefit Supplement Program, means that portion of the actuarial present value of benefits that is not provided for by future, normal costs or covered by the actuarial value of assets attributable to the Defined Benefit Supplement Program, based on assumptions adopted by the board pursuant to Section 22311.5. (Added by Stats. 2000, Ch. 1021, Sec. 12. Effective January 1, 2001.)
  153. 222.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 1 GENERAL PROVISIONS [1. - 446] ( Part 1 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Educational Equity [200 - 280] ( Heading of Chapter 2 amended by Stats. 1998, Ch. 914, Sec. 6. ) ## ARTICLE 4. Sex Equity in Education Act [221.5 - 231.7] ( Article 4 heading added by Stats. 1998, Ch. 914, Sec. 18. )

    Verify source ↗

    Schools must give lactating pupils reasonable accommodations to express breast milk or breast-feed, and pupils must not be penalized for using them during the schoolday.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 1 GENERAL PROVISIONS [1. - 446] ( Part 1 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Educational Equity [200 - 280] ( Heading of Chapter 2 amended by Stats. 1998, Ch. 914, Sec. 6. ) ## ARTICLE 4. Sex Equity in Education Act [221.5 - 231.7] ( Article 4 heading added by Stats. 1998, Ch. 914, Sec. 18. ) ## 222. (a) A school operated by a school district or a county office of education, the California School for the Deaf, the California School for the Blind, and a charter school shall provide reasonable accommodations to a lactating pupil on a school campus to express breast milk, breast-feed an infant child, or address other needs related to breast-feeding. Reasonable accommodations under this section include, but are not limited to, all of the following: (1) Access to a private and secure room, other than a restroom, to express breast milk or breast-feed an infant child. (2) Permission to bring onto a school campus a breast pump and any other equipment used to express breast milk. (3) Access to a power source for a breast pump or any other equipment used to express breast milk. (4) Access to a place to store expressed breast milk safely. (b) A lactating pupil on a school campus shall be provided a reasonable amount of time to accommodate her need to express breast milk or breast-feed an infant child. (c) A school specified in subdivision (a) shall provide the reasonable accommodations specified in subdivisions (a) and (b) only if there is at least one lactating pupil on the school campus. (d) A school subject to this section may use an existing facility to meet the requirements specified in subdivision (a). (e) A pupil shall not incur an academic penalty as a result of her use, during the schoolday, of the reasonable accommodations specified in this section, and shall be provided the opportunity to make up any work missed due to such use. (f) (1) A complaint of noncompliance with the requirements of this section may be filed with the local educational agency under the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations. (2) A local educational agency shall respond to a complaint filed pursuant to paragraph (1) in accordance with Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations. (3) A complainant not satisfied with the decision of a local educational agency may appeal the decision to the department pursuant to Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations and shall receive a written decision regarding the appeal within 60 days of the department’s receipt of the appeal. (4) If a local educational agency finds merit in a complaint, or if the Superintendent finds merit in an appeal, the local educational agency shall provide a remedy to the affected pupil. (Added by Stats. 2015, Ch. 690, Sec. 2. (AB 302) Effective January 1, 2016.)
  154. 222.5.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 1 GENERAL PROVISIONS [1. - 446] ( Part 1 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Educational Equity [200 - 280] ( Heading of Chapter 2 amended by Stats. 1998, Ch. 914, Sec. 6. ) ## ARTICLE 4. Sex Equity in Education Act [221.5 - 231.7] ( Article 4 heading added by Stats. 1998, Ch. 914, Sec. 18. )

    Verify source ↗

    Local educational agencies must notify pregnant and parenting pupils, and also notify parents and guardians, about those pupils’ rights and options under the law.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 1 GENERAL PROVISIONS [1. - 446] ( Part 1 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Educational Equity [200 - 280] ( Heading of Chapter 2 amended by Stats. 1998, Ch. 914, Sec. 6. ) ## ARTICLE 4. Sex Equity in Education Act [221.5 - 231.7] ( Article 4 heading added by Stats. 1998, Ch. 914, Sec. 18. ) ## 222.5. (a) A local educational agency shall notify pregnant and parenting pupils of their rights and options available under the law through annual school year welcome packets and through independent study packets. (b) A local educational agency shall annually notify parents and guardians of pupils at the beginning of the regular school term of the rights and options available to pregnant and parenting pupils under the law. (c) For purposes of this section, “local educational agency” means a school district, a county office of education, a school operated by a school district or a county office of education, a charter school, the California Schools for the Deaf, or the California School for the Blind. (Added by Stats. 2018, Ch. 942, Sec. 3. (AB 2289) Effective January 1, 2019.)
  155. 22200.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 3. Retirement Board [22200 - 22228] ( Chapter 3 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The Teachers’ Retirement Board administers the plan and system, and the board members must elect a chairperson and vice chairperson each year.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 3. Retirement Board [22200 - 22228] ( Chapter 3 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22200. (a) The plan and the system are administered by the Teachers’ Retirement Board. On and after January 1, 2004, the members of the board are as follows: (1) The Superintendent of Public Instruction. (2) The Controller. (3) The Treasurer. (4) The Director of Finance. (5) Three persons who are either members of the Defined Benefit Program or participants in the Cash Balance Benefit Program, as follows: (A) One person who, at the time of election, is an active member of the Defined Benefit Program or an active participant of the Cash Balance Benefit Program employed by a school district that provides instruction for prekindergarten, kindergarten, or grades 1 to 12, inclusive, or a county office of education, in a position other than a school administrator that requires a services credential with a specialization in administrative services. This member shall be elected by the active members of the Defined Benefit Program and active participants of the Cash Balance Benefit Program who are employed by a school district that provides instruction for prekindergarten, kindergarten, or grades 1 to 12, inclusive, or county office of education, pursuant to regulations adopted by the board, for a four-year term commencing on January 1, 2004. (B) One person who, at the time of election, is an active member of the Defined Benefit Program or an active participant of the Cash Balance Benefit Program employed by a school district that provides instruction for prekindergarten, kindergarten, or grades 1 to 12, inclusive, or a county office of education. This member shall be elected by the active members of the Defined Benefit Program and active participants of the Cash Balance Benefit Program who are employed by a school district that provides instruction for prekindergarten, kindergarten, or grades 1 to 12, inclusive, or a county office of education, pursuant to regulations adopted by the board, for a four-year term commencing on January 1, 2004. (C) One person who, at the time of election, is a community college instructor and an active member of the Defined Benefit Program or an active participant of the Cash Balance Benefit Program employed by a community college district, who shall be elected by the active community college members of the Defined Benefit Program and the active community college participants of the Cash Balance Benefit Program, pursuant to regulations adopted by the board, for a four-year term commencing on January 1, 2004. (6) Five persons appointed by the Governor for a term of four years, subject to confirmation by the Senate, as follows: (A) One person who, at the time of appointment, is a member of the governing board of a school district or a community college district. (B) One person who is either a retired member under this part or a retired participant under Part 14 (commencing with Section 26000). (C) Three persons representing the public, whose terms shall be staggered by varying the first terms of these members, as follows: (i) One person to a term expiring December 31, 2005. (ii) One person to a term expiring December 31, 2006. (iii) One person to a term expiring December 31, 2007. (b) A person who is employed to perform creditable service by a community college district and either a school district that provides instruction for prekindergarten, kindergarten, or grades 1 to 12, inclusive, or a county office of education, may only be elected to the position on the board that corresponds to the position in which he or she accrued the most service credit during the prior school year. (c) The members of the board shall annually elect a chairperson and vice chairperson. (Amended by Stats. 2007, Ch. 323, Sec. 2. Effective January 1, 2008.)
  156. 22200.5.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 3. Retirement Board [22200 - 22228] ( Chapter 3 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The board must run certain member elections under its regulations, hold special elections to fill vacancies, and organize elections to be as cost-effective as feasible.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 3. Retirement Board [22200 - 22228] ( Chapter 3 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22200.5. (a) The board shall conduct the elections of members described in Section 22200 pursuant to regulations adopted by the board. (b) The board shall hold special elections to fill vacancies that occur during the term of the elected members of the board. If, at the time a vacancy occurs, the unexpired term is less than two years, the new member elected to fill the vacancy shall hold office for a period equal to the remainder of the term of the vacated office plus four years. (c) The regulations adopted by the board pursuant to this section and Section 22200 shall not be subject to Article 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (d) The regulations adopted by the board shall provide that the elections be conducted in the most cost-effective manner deemed feasible. The board, where practicable, shall consolidate election mailings with other mailings and shall address any other feasible cost-saving measures. (Added by Stats. 2002, Ch. 1049, Sec. 3. Effective January 1, 2003.)
  157. 22201.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 3. Retirement Board [22200 - 22228] ( Chapter 3 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The board must set policy, decide benefit- and administration-related facts, and meet at least once every calendar quarter.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 3. Retirement Board [22200 - 22228] ( Chapter 3 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22201. (a) The board shall set policy and shall have the sole power and authority to hear and determine all facts pertaining to application for benefits under the plan or any matters pertaining to administration of the plan and the system. (b) The board shall meet at least once every calendar quarter at such times as it may determine. The meetings shall be presided over by the chairperson. In the event of the chairperson’s absence from a meeting the vice chairperson shall act as presiding officer and perform all other duties of the chairperson. (Amended by Stats. 1998, Ch. 965, Sec. 19. Effective January 1, 1999.)
  158. 22201.2.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 3. Retirement Board [22200 - 22228] ( Chapter 3 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    A board quorum is a majority of the board members, vacant positions are ignored, and board action is valid only if a majority of the members present concur.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 3. Retirement Board [22200 - 22228] ( Chapter 3 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22201.2. A quorum of the board shall consist of the majority of the board members. In determining whether or not a quorum is present, vacant positions on the board shall not be considered. The concurrence of the majority of the board members present shall be necessary to the validity of any action taken by the board. (Added by Stats. 1996, Ch. 634, Sec. 44. Effective January 1, 1997.)
  159. 22201.3.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 3. Retirement Board [22200 - 22228] ( Chapter 3 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The system’s chief executive officer must act as secretary of the board, handle all board correspondence, and keep a record of board proceedings.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 3. Retirement Board [22200 - 22228] ( Chapter 3 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22201.3. The chief executive officer of the system shall act as secretary of the board and shall have charge of all board correspondence and shall keep a record of board proceedings. (Added by Stats. 1996, Ch. 634, Sec. 45. Effective January 1, 1997.)
  160. 22202.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 3. Retirement Board [22200 - 22228] ( Chapter 3 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The board controls administration of the funds, and transfers or disbursements from the funds require the board’s authorization.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 3. Retirement Board [22200 - 22228] ( Chapter 3 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22202. The board has exclusive control of the administration of the funds. No transfers or disbursements of any amount from the funds shall be made except upon the authorization of the board for the purpose of carrying into effect the provisions of this part and Part 14 (commencing with Section 26000). (Amended by Stats. 1998, Ch. 1048, Sec. 6. Effective January 1, 1999.)
  161. 22203.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 3. Retirement Board [22200 - 22228] ( Chapter 3 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The board has exclusive control over investing the Teachers’ Retirement Fund and may invest the fund’s assets at its discretion when prudent, unless restricted by the California Constitution or law.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 3. Retirement Board [22200 - 22228] ( Chapter 3 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22203. The board has exclusive control of the investment of the Teachers’ Retirement Fund. Except as otherwise restricted by the California Constitution and by law, the board may in its discretion invest the assets of the fund through the purchase, holding, or sale thereof of any investment, financial instrument, or financial transaction when the investment, financial instrument, or financial transaction is prudent in the informed opinion of the board. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.)
  162. 22203.5.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 3. Retirement Board [22200 - 22228] ( Chapter 3 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The board must disclose and report investment information at a public meeting within 12 months after the relevant transaction ends or system assets are transferred, whichever happens first.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 3. Retirement Board [22200 - 22228] ( Chapter 3 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22203.5. (a) All investment transaction decisions made during a closed session, pursuant to paragraph (16) of subdivision (c) of Section 11126 of the Government Code, shall be by rollcall vote entered into the minutes of that meeting. (b) The board, within 12 months of the close of an investment transaction or the transfer of system assets for an investment transaction, whichever occurs first, shall disclose and report the investment at a public meeting. (Amended by Stats. 2003, Ch. 859, Sec. 4. Effective January 1, 2004.)
  163. 22204.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 3. Retirement Board [22200 - 22228] ( Chapter 3 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    Each board member may administer oaths and affirmations to witnesses and others handling the system’s business.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 3. Retirement Board [22200 - 22228] ( Chapter 3 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22204. Each member of the board may administer oaths and affirmations to witnesses and others transacting the business of the system. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.)
  164. 22205.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 3. Retirement Board [22200 - 22228] ( Chapter 3 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The board may negotiate and make agreements with other states about transferring members’ contributions and regular interest between retirement systems.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 3. Retirement Board [22200 - 22228] ( Chapter 3 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22205. The board has the authority to negotiate, and enter into agreements with other states of the United States on the subject of the transfer of members’ contributions and regular interest between the retirement systems of California and other states. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.)
  165. 22206.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 3. Retirement Board [22200 - 22228] ( Chapter 3 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The board may audit public agency records, may excuse certain audit findings if specific conditions are met, and its authority on those findings also covers related service and compensation issues outside the audit function.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 3. Retirement Board [22200 - 22228] ( Chapter 3 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22206. (a) As often as the board determines necessary, it may audit or cause to be audited the records of any public agency. (b) The board may excuse any audit finding provided all of the following conditions are met: (1) The audit finding relates to a period of time prior to July 1, 2002. (2) The audit finding identifies an issue that is not in compliance with the provisions of this part with respect to creditable service or creditable compensation. (3) The noncompliance would not have existed if the service and compensation crediting changes that shall become operative on July 1, 2002, as a result of legislation enacted during the second year of the 1999–2000 Regular Session, had been operative during the period of time investigated in the audit. (4) The audit finding was included in an audit report issued on or after January 1, 2001. (5) Excusing the audit finding will not have an adverse effect on the integrity of the retirement fund. (c) The board’s authority pursuant to subdivision (b) shall extend to service and compensation issues identified through activities outside the audit function that address compliance with the provisions of this part. (Amended by Stats. 2000, Ch. 1021, Sec. 13. Effective January 1, 2001.)
  166. 22206.1.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 3. Retirement Board [22200 - 22228] ( Chapter 3 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The board must give advance written notice before auditing a public agency’s records, and the audited public agency must cooperate, share requested information, and pass relevant information to any exclusive representative.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 3. Retirement Board [22200 - 22228] ( Chapter 3 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22206.1. (a) Before auditing, or causing to be audited, the records of a public agency pursuant to Section 22206, the board shall provide written notice of the intended audit to the affected public agency as well as to the exclusive representative or representatives, if any, of members that may be affected by the audit, and this notice shall apprise the public agency and the exclusive representative or representatives, if any, of the purpose and scope of the intended audit. For purposes of carrying out the provisions of this section and Section 22206.2, the public agency shall be responsible for providing the board with the name and contact information for all applicable exclusive representatives. (b) An audited public agency shall cooperate in good faith with the board and provide all information requested by the board in a timely manner. The public agency, at the time it provides information to the board, shall also provide all the information to the exclusive representative or representatives, if any, of the members affected by the audit. (c) An audited public agency and the exclusive representative or representatives, if any, of the members affected by the audit may provide the board with additional information relevant to the audit, and the board shall consider this information in preparing its audit findings. (d) Prior to issuing its final audit report, the board shall provide to the audited public agency and to the exclusive representative or representatives, if any, of the members affected by the audit, the preliminary audit findings, the statutes being addressed by the audit, and a list of every member then known by the board to be affected by the audit. Within a period to be specified by the board, which shall not be less than 60 days, the recipients may provide the board their written responses to the preliminary audit findings and the board shall consider their responses in preparing its final audit report. (e) Within a period specified by the board of not less than 60 days, the public agency shall provide the board and the exclusive representative a list of the names of any members affected by the audit not included in the list provided by the board pursuant to subdivision (d). (f) Except as provided in this section, this section does not confer additional rights upon the exclusive representative, including, but not limited to, due process rights. (Added by Stats. 2022, Ch. 754, Sec. 2. (AB 1667) Effective January 1, 2023.)
  167. 22206.2.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 3. Retirement Board [22200 - 22228] ( Chapter 3 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The board must send the final audit report and related appeal-rights explanations to the audited public agency, the affected members or their representatives, and later-discovered affected members or their beneficiaries if the member is deceased.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 3. Retirement Board [22200 - 22228] ( Chapter 3 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22206.2. (a) The board shall provide the final audit report to the public agency audited pursuant to Section 22206 and to the exclusive representative or representatives, if any, of the members affected by the audit, and shall provide the audited public agency with an explanation of its appeal rights pursuant to Section 22206.3. (b) Following the notification by the public agency of the members affected by the audit pursuant to subdivisions (d) and (e) of Section 22206.1, the board shall provide the final audit report, with an explanation of appeal rights pursuant to Section 22206.4, to each member affected by the audit. (c) If a member is later known to have been affected by an audit, the board shall provide a copy of the final audit report and an explanation of appeal rights pursuant to Section 22206.4 to that member or former member, or their beneficiaries if the member or former member is deceased. (d) Except as provided in this section, this section does not confer additional rights upon the exclusive representative, including, but not limited to, due process rights. (Added by Stats. 2022, Ch. 754, Sec. 3. (AB 1667) Effective January 1, 2023.)
  168. 22206.3.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 3. Retirement Board [22200 - 22228] ( Chapter 3 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    A public agency that disagrees with the final audit report may ask for an administrative hearing, but the request must be in writing and sent by mail or email within 90 days after the board transmits the report.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 3. Retirement Board [22200 - 22228] ( Chapter 3 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22206.3. (a) If the public agency audited pursuant to Section 22206 disagrees with the final audit report, it may request an administrative hearing pursuant to Section 22219. The request shall be made in writing and be mailed or emailed to the address identified in the final audit report within 90 days of the board’s transmission of the final audit report to the public agency as provided in Section 22206.2. (b) If the audited public agency fails to request an administrative hearing within the time provided in subdivision (a), the right to an administrative hearing shall be deemed waived, and the findings of the final audit report shall be deemed the board’s final determination as to that public agency. (Added by Stats. 2022, Ch. 754, Sec. 4. (AB 1667) Effective January 1, 2023.)
  169. 22206.4.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 3. Retirement Board [22200 - 22228] ( Chapter 3 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    A member affected by an audit may request an administrative hearing if they disagree with the final audit report, but the request must be made in writing and sent to the designated address within 90 days of the board sending the report.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 3. Retirement Board [22200 - 22228] ( Chapter 3 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22206.4. (a) If a member affected by an audit disagrees with the final audit report, the member may request an administrative hearing pursuant to Section 22219. The request shall be made in writing and be mailed or emailed to the designated address identified in the final audit report within 90 days of the board’s transmission of the final audit report to the member, as provided in Section 22206.2. (b) If a member affected by the audit fails to request an administrative hearing within the time provided in subdivision (a), the member’s right to an administrative hearing shall be deemed waived, and the findings of the final audit report shall be deemed the board’s final determination as to that member. (Added by Stats. 2022, Ch. 754, Sec. 5. (AB 1667) Effective January 1, 2023.)
  170. 22206.5.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 3. Retirement Board [22200 - 22228] ( Chapter 3 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The system must post all final employer audit reports on its website, but it must leave out members’ personal information when needed to protect privacy.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 3. Retirement Board [22200 - 22228] ( Chapter 3 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22206.5. The system shall make all final employer audit reports available on its internet website. Personal information regarding members shall be excluded to the extent necessary to protect their privacy. (Added by Stats. 2022, Ch. 754, Sec. 6. (AB 1667) Effective January 1, 2023.)
  171. 22207.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 3. Retirement Board [22200 - 22228] ( Chapter 3 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The board must do whatever is necessary to administer the system and plan, and it may request specified information from a member, participant, or beneficiary.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 3. Retirement Board [22200 - 22228] ( Chapter 3 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22207. The board shall perform any other acts necessary for the administration of the system and the plan in carrying into effect the provisions of this part and Part 14 (commencing with Section 26000), which may include, but shall not be limited to, requesting the following information from a member, participant, or beneficiary: (a) Financial statements, certified copies of state and federal income tax records, or evidence of financial status. (b) Employment, legal, or medical documentation. (Amended by Stats. 2007, Ch. 323, Sec. 3. Effective January 1, 2008.)
  172. 22208.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 3. Retirement Board [22200 - 22228] ( Chapter 3 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The board may appoint a committee from among its members and may delegate authority to the chief executive officer. Unless the board says the committee or chief executive officer may act finally, their acts must be reported at the board’s next regular meeting and can be reviewed, ratified, or reversed by the board.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 3. Retirement Board [22200 - 22228] ( Chapter 3 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22208. The board may appoint a committee of two or more of its members to perform any act within the power of the board itself to perform. The board may also delegate authority to the chief executive officer to perform any such act. Except where the board, in delegating that authority, provides that the committee or the chief executive officer may act finally, all acts of the committee or the chief executive officer shall be reported to the board at its next regular meeting and shall be subject to review, ratification, or reversal by the board. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.)
  173. 22209.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 3. Retirement Board [22200 - 22228] ( Chapter 3 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The board must appoint the chief executive officer, and the appointee serves at the board’s pleasure.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 3. Retirement Board [22200 - 22228] ( Chapter 3 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22209. The office of chief executive officer shall be filled by appointment by the board and the appointee shall serve at the pleasure of the board. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.)
  174. 22210.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 3. Retirement Board [22200 - 22228] ( Chapter 3 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The board may reverse acts of the committee or chief executive officer and set the effective date of that reversal. Benefit payments made before the reversal are not affected, except the board may direct recovery of amounts paid from the beneficiary.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 3. Retirement Board [22200 - 22228] ( Chapter 3 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22210. (a) Reversal by the board of any act of the committee or the chief executive officer shall be effective on the date fixed by the board. (b) Payment of benefits prior to the board’s action of reversal may not be affected by such an action, except for the recovery of the amounts paid, from the beneficiary receiving the amounts, as the board may direct. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.)
  175. 22212.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 3. Retirement Board [22200 - 22228] ( Chapter 3 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The board must appoint employees needed to administer the plan and the system.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 3. Retirement Board [22200 - 22228] ( Chapter 3 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22212. The board shall appoint such employees as are necessary to administer the plan and the system. (Amended by Stats. 1998, Ch. 965, Sec. 21. Effective January 1, 1999.)
  176. 22212.5.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 3. Retirement Board [22200 - 22228] ( Chapter 3 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The board must set compensation for certain listed positions, and some former officials cannot represent others before the board for two years after leaving service.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 3. Retirement Board [22200 - 22228] ( Chapter 3 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22212.5. (a) Except as otherwise provided in subdivision (d), this section shall apply to the following positions in the system: a chief executive officer, a chief operating officer, a chief financial officer, a system actuary, a general counsel, a chief investment officer, and other investment officers and portfolio managers whose positions are designated managerial pursuant to Section 18801.1 of the Government Code. (b) Notwithstanding Sections 19825, 19826, 19829, and 19832 of the Government Code, the board shall fix the compensation for the positions specified in subdivision (a). In so doing, the board shall be guided by the principles contained in Sections 19826 and 19829 of the Government Code, consistent with its fiduciary responsibility to its members to recruit and retain highly qualified and effective employees for these positions. The annual percentage increase in salary that may be paid pursuant to this section to a person who served as chief financial officer or as chief operating officer on January 1, 2016, and who does not separate from service in that position prior to the date on which the increase is applied, shall not exceed either of the following: (1) Ten percent for the 2017–18 fiscal year. (2) Five percent for any fiscal year subsequent to 2017–18. (c) When a position specified in subdivision (a) is filled through a general civil service appointment, it shall be filled from an eligible list based on an examination that was held on an open basis, and tenure in those positions shall be subject to the provisions of Article 2 (commencing with Section 19590) of Chapter 7 of Part 2 of Division 5 of Title 2 of the Government Code. In addition to the causes for action specified in that article, the board may take action under the article for causes related to its fiduciary responsibility to its members, including the employee’s failure to meet specified performance objectives. (d) An individual who held a position designated in subdivision (a), was a member of the board, or was in a career executive assignment position that reported directly to either the chief executive officer or the chief operating officer, shall not, for a period of two years after leaving that position, for compensation, act as agent or attorney for, or otherwise represent, any other person, except the state, by making any formal or informal appearance before or by making any oral or written communication to the board, or any officer or employee thereof, if the appearance or communication is made for the purpose of influencing administrative or legislative action or any action or proceeding involving the issuance, amendment, awarding, or revocation of a permit, license, grant, contract, or sale or purchase of goods or property. (Amended by Stats. 2016, Ch. 553, Sec. 1. (AB 736) Effective January 1, 2017.)
  177. 22213.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 3. Retirement Board [22200 - 22228] ( Chapter 3 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The board must regulate duties imposed by this part on employers, employing agencies, and other public authorities, and it may require reports from them when advisable.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 3. Retirement Board [22200 - 22228] ( Chapter 3 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22213. The board shall regulate the duties of employers, employing agencies, and other public authorities, imposed upon them by this part, and shall require reports from employers, employing agencies, and other public authorities, as it deems advisable in connection with the performance of its duties. (Amended by Stats. 2003, Ch. 859, Sec. 5. Effective January 1, 2004.)
  178. 22214.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 3. Retirement Board [22200 - 22228] ( Chapter 3 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The board may take necessary action to protect members’ or beneficiaries’ continued right to monthly payments.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 3. Retirement Board [22200 - 22228] ( Chapter 3 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22214. The board may take any action it deems necessary to ensure the continued right of members or beneficiaries to receive monthly payments. (Amended by Stats. 1996, Ch. 634, Sec. 48. Effective January 1, 1997.)
  179. 22215.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 3. Retirement Board [22200 - 22228] ( Chapter 3 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The board must determine members’ service credit for retirement qualification and may adjust allowances under this part.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 3. Retirement Board [22200 - 22228] ( Chapter 3 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22215. The board shall determine the service performed by members to be credited toward qualification for retirement, and shall fix and modify allowances provided under this part. (Amended by Stats. 1996, Ch. 634, Sec. 49. Effective January 1, 1997.)
  180. 22216.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 3. Retirement Board [22200 - 22228] ( Chapter 3 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The board must annually set the credited interest rate for certain retirement contributions and credit interest to other reserves at the actuarially assumed interest rate.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 3. Retirement Board [22200 - 22228] ( Chapter 3 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22216. (a) The board shall annually adopt as a plan amendment with respect to the Defined Benefit Program the rate of credited interest to be credited to members’ accumulated retirement contributions for service performed after June 30, 1935, and the accumulated annuity deposit contributions excluding all accumulated contributions while being paid as disability allowances, family allowances, and retirement allowances. (b) The board shall credit interest to all other accumulated reserves at the actuarially assumed interest rate. (Amended by Stats. 1998, Ch. 965, Sec. 22. Effective January 1, 1999.)
  181. 22217.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 3. Retirement Board [22200 - 22228] ( Chapter 3 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The board must hire an independent certified public accountant or public accountant to audit the system’s financial statements, pay the audit costs from retirement fund income, do the audit annually, and include the audit report in the annual report to the Governor and Legislature.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 3. Retirement Board [22200 - 22228] ( Chapter 3 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22217. (a) The board shall employ a certified public accountant or public accountant, who is not in public employment, to audit the financial statements of the system. The costs of the audit shall be paid from the income of the retirement fund. The audit shall be made annually and the audit report shall be incorporated into the annual report filed with the Governor and the Legislature pursuant to Section 22324. (b) These audits shall not be duplicated by the Department of Finance or the State Auditor. The system shall be exempt from a pro rata general administrative charge for auditing. (Amended by Stats. 2006, Ch. 654, Sec. 2. Effective January 1, 2007.)
  182. 22218.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 3. Retirement Board [22200 - 22228] ( Chapter 3 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The board must keep and maintain records and accounts using recognized accounting principles and controls.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 3. Retirement Board [22200 - 22228] ( Chapter 3 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22218. The board shall establish and maintain records and accounts following recognized accounting principles and controls. (Amended by Stats. 1996, Ch. 634, Sec. 50. Effective January 1, 1997.)
  183. 22219.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 3. Retirement Board [22200 - 22228] ( Chapter 3 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The board may hold a hearing on questions about a person’s rights, benefits, or obligations, and if it does, it must follow the referenced administrative hearing procedures.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 3. Retirement Board [22200 - 22228] ( Chapter 3 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22219. (a) The board may in its discretion hold a hearing for the purpose of determining any question presented to it involving any right, benefit, or obligation of a person under this part. (b) When a hearing is held, the proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, relating to administrative adjudication, and the board shall have all of the powers granted in that chapter. However, the provisions of Section 11508 of the Government Code relating to the location of the hearing shall not apply, and the hearing shall be held at the time and place determined by the board. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.)
  184. 22220.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 3. Retirement Board [22200 - 22228] ( Chapter 3 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The board may subpoena witnesses and require them to attend and testify before it.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 3. Retirement Board [22200 - 22228] ( Chapter 3 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22220. In addition to the authority granted pursuant to Section 11181 of the Government Code, the board may subpoena witnesses and compel their attendance to testify before it. (Amended by Stats. 2012, Ch. 864, Sec. 3. (AB 2663) Effective January 1, 2013.)
  185. 22221.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 3. Retirement Board [22200 - 22228] ( Chapter 3 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The board must adopt certain mortality tables, other tables, and interest rates when recommended by the system actuary.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 3. Retirement Board [22200 - 22228] ( Chapter 3 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22221. The board shall adopt, upon the recommendation of the actuary of the system, any mortality and other tables and interest rates necessary to do the following: (a) Permit valuation of the assets and liabilities of the system. (b) Make any determination or calculation necessary to carry out this part. (Amended by Stats. 1996, Ch. 634, Sec. 52. Effective January 1, 1997.)
  186. 22222.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 3. Retirement Board [22200 - 22228] ( Chapter 3 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The board may adjust death payments for CPI changes, and must adopt any adjusted amount as a plan amendment if the latest actuarial valuation shows the change would not increase normal cost.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 3. Retirement Board [22200 - 22228] ( Chapter 3 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22222. The board may adjust the amounts of the death payments based on changes in the All Urban California Consumer Price Index, and shall adopt as a plan amendment with respect to the Defined Benefit Program any adjusted amount, provided that the most recent actuarial valuation report indicates that the adjustment would not increase the normal cost. (Amended by Stats. 1998, Ch. 965, Sec. 23. Effective January 1, 1999.)
  187. 22223.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 3. Retirement Board [22200 - 22228] ( Chapter 3 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    Certain appointed board members may receive $100 per day for actual attendance at qualifying meetings, plus necessary travel expenses.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 3. Retirement Board [22200 - 22228] ( Chapter 3 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22223. The members of the board who are not active members of the Defined Benefit Program or active participants of the Cash Balance Benefit Program and who are appointed by the Governor pursuant to Section 22200 shall receive one hundred dollars ($100) for every day of actual attendance at meetings of the board or any meeting of any committee of the board of which the person is a member, and that is conducted for the purpose of carrying out the powers and duties of the board, together with their necessary traveling expenses incurred in connection with performance of their official duties. (Amended by Stats. 2005, Ch. 351, Sec. 6. Effective January 1, 2006.)
  188. 22224.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 3. Retirement Board [22200 - 22228] ( Chapter 3 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    An employer must let certain retirement-system board, committee, subcommittee, or panel members take enough time off regular duties, without losing pay or benefits, to attend meetings and perform related duties.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 3. Retirement Board [22200 - 22228] ( Chapter 3 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22224. Members of the Defined Benefit Program and participants of the Cash Balance Benefit Program, who are either elected to the board or appointed to the board by the Governor pursuant to Section 22200, or who are appointed by the board to serve on a committee or subcommittee of the board or a panel of the system, shall be granted, by his or her employer, sufficient time away from regular duties, without loss of compensation or other benefits to which the person is entitled by reason of employment, to attend meetings of the board or any of its committees or subcommittees of which the person is a member, or to serve as a member of a panel of the system, and to attend to the duties expected to be performed by the person. (Amended by Stats. 2004, Ch. 11, Sec. 2. Effective January 28, 2004.)
  189. 22225.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 3. Retirement Board [22200 - 22228] ( Chapter 3 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    An employer may not reduce the compensation of certain board members or participants because they missed service time for board business, and an employer may be reimbursed from the retirement fund for replacement costs in specified cases.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 3. Retirement Board [22200 - 22228] ( Chapter 3 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22225. (a) The compensation of the members of the Defined Benefit Program and participants of the Cash Balance Benefit Program who are either elected to the board or appointed to the board by the Governor pursuant to Section 22200, or who are appointed by the board to a committee or subcommittee, or to a panel of the system, may not be reduced by his or her employer for any absence from service occasioned by attendance upon the business of the board, pursuant to Section 22224. (b) Each employer that employs either a member of the Defined Benefit Program or a participant of the Cash Balance Benefit Program elected or appointed pursuant to Section 22224 and that employs a person to replace the member or participant during attendance at meetings of the board, its committees or subcommittees, or when serving as a member of a panel of the system, or when carrying out other duties approved by the board, shall be reimbursed from the retirement fund for the cost incurred by employing a replacement. (Amended by Stats. 2004, Ch. 11, Sec. 3. Effective January 28, 2004.)
  190. 22226.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 3. Retirement Board [22200 - 22228] ( Chapter 3 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The board must study health insurance benefits for specified members and dependents, and the retirement board must reimburse $200,000 if those benefits are later implemented.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 3. Retirement Board [22200 - 22228] ( Chapter 3 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22226. (a) The board shall conduct a study on providing health insurance benefits, including vision and dental care benefits, for active, disabled, and retired members, beneficiaries, children, and dependent parents. The health insurance may include vision and dental care. (b) The study shall include, but not be limited to, assessing the lack of access of health insurance benefits for retired teachers and shall evaluate the following: (1) The demand for health insurance benefits. (2) The integration of health insurance benefits and Medicare coverage. (3) The manner in which health insurance benefits would be administered and provided. (c) There is hereby appropriated from the Teachers’ Retirement Fund to the State Teachers’ Retirement Board the sum of two hundred thousand dollars ($200,000) conduct a study for the purposes identified in this section. If this study results in the implementation of health insurance benefits as described in subdivision (a), the State Teachers’ Retirement Board shall reimburse the sum of two hundred thousand dollars ($200,000) to the Teachers’ Retirement Fund from administrative fees charged to recipients of the health insurance benefits. (Added by Stats. 1998, Ch. 968, Sec. 1. Effective January 1, 1999.)
  191. 22227.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 3. Retirement Board [22200 - 22228] ( Chapter 3 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    Certain state retirement board candidates must file campaign statements with the Secretary of State.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 3. Retirement Board [22200 - 22228] ( Chapter 3 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22227. It is the intent of the Legislature that candidates for board seats described in paragraph (5) of subdivision (a) of Section 22200, including incumbent board members running for reelection, shall file campaign statements with the Secretary of State according to campaign reporting, contribution limits, and conflict of interest provisions of the Political Reform Act, adapted for the unique characteristics of elected member seats on state retirement system boards. (Added by Stats. 2004, Ch. 11, Sec. 4. Effective January 28, 2004.)
  192. 22228.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 3. Retirement Board [22200 - 22228] ( Chapter 3 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The board must file annual reports to the Legislature about emerging and diverse managers in its investment portfolio, starting March 1, 2023, and must define key terms for this section.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 3. Retirement Board [22200 - 22228] ( Chapter 3 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22228. (a) Commencing March 1, 2023, and annually thereafter, the board shall submit a report to the Legislature on the status of achieving appropriate objectives and initiatives, as defined by the board, regarding participation of emerging or diverse managers responsible for asset management within its portfolio of investments. The report shall be based on contracts that the system enters into on and after January 1, 2022. (b) The report shall also identify and include both of the following: (1) The name of each emerging or diverse manager providing investment portfolio or asset management services at the end of the prior fiscal year, including, but not limited to, fund of funds contracts, for all asset classes, as applicable. The board shall also report the year the emerging or diverse manager was first engaged or contracted to provide investment portfolio or asset management services. (2) The amount managed by each emerging or diverse manager by asset class at the end of the prior fiscal year, as well as the total amount allocated by the system in the applicable asset class during the year and the total amount of the asset class in the system’s investment portfolio. (c) The board shall define the term “emerging manager” and “diverse manager” for purposes of this section. (d) The report required by this section shall be submitted in compliance with Section 9795 of the Government Code. (e) Nothing in this section shall require the board to take action unless the board determines in good faith that the action described in this section is consistent with the fiduciary responsibilities of the board as described in Section 17 of Article XVI of the California Constitution. (f) This section shall not require the board to disclose information that is excepted from disclosure under Section 7928.710 of the Government Code. (g) This section shall remain in effect only until January 1, 2028, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2028, deletes or extends that date. (Amended by Stats. 2022, Ch. 28, Sec. 32. (SB 1380) Effective January 1, 2023. Repealed as of January 1, 2028, by its own provisions.)
  193. 22250.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 4. Fiduciary Duties [22250 - 22261] ( Chapter 4 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The board, its officers, and employees must carry out system duties solely in the interest of specified members and beneficiaries, using prudent care, diversifying investments unless clearly imprudent, and following governing documents consistent with the law.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 4. Fiduciary Duties [22250 - 22261] ( Chapter 4 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22250. The board and its officers and employees of the system shall discharge their duties with respect to the system and the plan solely in the interest of the members and beneficiaries of the Defined Benefit Program as well as the participants and beneficiaries of the Cash Balance Benefit Program as follows: (a) For the exclusive purpose of the following: (1) Providing benefits to members and beneficiaries of the Defined Benefit Program as well as the participants and beneficiaries of the Cash Balance Benefit Program. (2) Defraying reasonable expenses of administering the plan. (b) With the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with those matters would use in the conduct of an enterprise of a like character and with like aims. (c) By diversifying the investments of the plan so as to minimize the risk of large losses, unless under the circumstances it is clearly prudent not to do so. (d) In accordance with the documents and instruments governing the plan and the system insofar as those documents and instruments are consistent with this part and Part 14 (commencing with Section 26000). (Amended by Stats. 1998, Ch. 965, Sec. 27. Effective January 1, 1999.)
  194. 22251.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 4. Fiduciary Duties [22250 - 22261] ( Chapter 4 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    Plan assets may not benefit an employer and must be used only for member/beneficiary benefits and reasonable administration costs, except that an employer contribution made by mistake of fact may be returned within one year after the system knows or should know of the mistake.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 4. Fiduciary Duties [22250 - 22261] ( Chapter 4 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22251. (a) Except as provided in subdivision (b), the assets of the plan shall never inure to the benefit of an employer and shall be held for the exclusive purposes of providing benefits to members and beneficiaries of the Defined Benefit Program as well as the participants and beneficiaries of the Cash Balance Benefit Program and defraying reasonable expenses of administering the plan and the system. (b) In the case of a contribution that is made by an employer by a mistake of fact, subdivision (a) shall not prohibit the return of that contribution within one year after the system knows, or should know in the ordinary course of business, that the contribution was made by a mistake of fact. (Amended by Stats. 1998, Ch. 965, Sec. 28. Effective January 1, 1999.)
  195. 22252.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 4. Fiduciary Duties [22250 - 22261] ( Chapter 4 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The board, its officers, and employees of the system must not cause the system to enter certain self-dealing transactions unless another law allows it.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 4. Fiduciary Duties [22250 - 22261] ( Chapter 4 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22252. Except as otherwise provided by law, the board and its officers and employees of the system shall not cause the system to engage in a transaction if they know or should know that the transaction constitutes a direct or indirect: (a) Sale or exchange, or leasing, of any property from the system to a member or beneficiary of the Defined Benefit Program, as well as a participant or beneficiary of the Cash Balance Benefit Program, for less than adequate consideration, or from a member or beneficiary of the Defined Benefit Program, as well as a participant or beneficiary of the Cash Balance Benefit Program, to the system for more than adequate consideration. (b) Lending of money or other extension of credit from the system to a member or beneficiary of the Defined Benefit Program, as well as a participant or beneficiary of the Cash Balance Benefit Program, without the receipt of adequate security and a reasonable rate of interest, or from a member or beneficiary of the Defined Benefit Program, as well as a participant or beneficiary of the Cash Balance Benefit Program, with the provision of excessive security or an unreasonably high rate of interest. (c) Furnishing of goods, services, or facilities from the system to a member or beneficiary of the Defined Benefit Program, as well as a participant or beneficiary of the Cash Balance Benefit Program, for less than adequate consideration, or from a member, or beneficiary of the Defined Benefit Program, as well as a participant or beneficiary of the Cash Balance Benefit Program, to the system for more than adequate consideration. (d) Transfer to, or use by or for the benefit of, a member or beneficiary of the Defined Benefit Program, as well as a participant or beneficiary of the Cash Balance Benefit Program, of any assets of the plan for less than adequate consideration. (e) Acquisition, on behalf of the system, of any employer security, real property, or loan. (Amended by Stats. 1998, Ch. 965, Sec. 29. Effective January 1, 1999.)
  196. 22253.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 4. Fiduciary Duties [22250 - 22261] ( Chapter 4 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The board, its officers, and system employees must not use plan or system assets for their own benefit, act for parties with adverse interests in system transactions, or take personal consideration from parties doing business with the system.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 4. Fiduciary Duties [22250 - 22261] ( Chapter 4 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22253. The board and its officers and employees of the system shall not do any of the following: (a) Deal with the assets of the plan and the system in their own interest or for their own account. (b) In their individual or in any other capacity, act in any transaction involving the system on behalf of a party, or represent a party, whose interests are adverse to the interests of the plan or the interests of the members and beneficiaries of the Defined Benefit Program, as well as participants and beneficiaries of the Cash Balance Benefit Program. (c) Receive any consideration for their personal account from any party conducting business with the system in connection with a transaction involving the assets of the plan. (Amended by Stats. 1998, Ch. 965, Sec. 30. Effective January 1, 1999.)
  197. 22254.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 4. Fiduciary Duties [22250 - 22261] ( Chapter 4 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    Board members or officers who breach specified fiduciary responsibilities must restore losses and profits, and the court may impose other equitable relief, including removal.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 4. Fiduciary Duties [22250 - 22261] ( Chapter 4 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22254. (a) Any board member or officer who breaches any of the responsibilities, obligations, or duties imposed upon them by Section 22251, 22252, or 22253 shall be personally liable to make restitution to the retirement fund for any losses to it resulting from each breach, and to restore any profits that have been made through use of assets of the fund and shall be subject to any other equitable or remedial relief the court may deem appropriate, including removal from the board. (b) No board member or officer shall be liable with respect to a breach of fiduciary duty under this part if the breach was committed before the board member or officer became one, or ceased to be one. (Amended by Stats. 1996, Ch. 634, Sec. 60. Effective January 1, 1997.)
  198. 22255.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 4. Fiduciary Duties [22250 - 22261] ( Chapter 4 added by Stats. 1993, Ch. 893, Sec. 2. )

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    Board members and officers are generally not personally liable for breach of fiduciary duty, except under the listed sections, and the rule applies only to causes of action arising on or after January 1, 1990.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 4. Fiduciary Duties [22250 - 22261] ( Chapter 4 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22255. (a) No board member or officer shall be personally liable for the breach of a fiduciary duty except as set forth in Section 22254 or 22256. This subdivision shall apply only to causes of actions arising on or after January 1, 1990. (b) Nothing in this section shall be interpreted to lessen the scope of liability of board members or employees of the system for gross negligence or fraud in the investment of the retirement fund assets, nor to lessen the scope of liability of the board or system for breach of fiduciary duty pertaining to the administration of the plan. (Amended by Stats. 1996, Ch. 634, Sec. 61. Effective January 1, 1997.)
  199. 22256.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 4. Fiduciary Duties [22250 - 22261] ( Chapter 4 added by Stats. 1993, Ch. 893, Sec. 2. )

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    A board member or officer may be liable for another board member’s or officer’s breach of fiduciary responsibility in specified circumstances.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 4. Fiduciary Duties [22250 - 22261] ( Chapter 4 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22256. A board member or officer shall be liable for a breach of fiduciary responsibility of another board member or officer with respect to the system in the following circumstances: (a) If the board member or officer knowingly participates in, or knowingly undertakes to conceal an act or omission of the other board member or officer knowing that the act or omission is a breach. (b) If the board member’s or officer’s failure to comply with his or her responsibilities as set forth in Section 22251, 22252, or 22253 has enabled another board member or officer to commit a breach. (c) If the board member or officer has knowledge of a breach unless the board member or officer makes reasonable efforts under the circumstances to remedy the breach. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.)
  200. 22257.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 4. Fiduciary Duties [22250 - 22261] ( Chapter 4 added by Stats. 1993, Ch. 893, Sec. 2. )

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    The board may hire or appoint investment managers to manage retirement fund assets, and board members are shielded from liability for those managers’ acts or omissions if the board selected and monitored them with care, skill, prudence, and diligence.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 4. Fiduciary Duties [22250 - 22261] ( Chapter 4 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22257. (a) Notwithstanding Section 22203, the board may contract with or appoint one or more investment managers to manage the assets of the retirement fund. If the board has acted with care, skill, prudence, and diligence in meeting the requirements of Sections 22252 and 22253 in selecting and monitoring the investment managers, then, notwithstanding Sections 22250, 22252, 22253, 22254, and 22256, no board member shall be liable for the acts or omissions of the investment managers or be under any obligation to invest or otherwise manage any assets of the retirement fund that are subject to the management of the investment managers. (b) Incorporation of the fiduciary duty set forth in Section 22250 into the terms of a contract between the system and an investment manager shall be admissible as evidence that the board has acted with care, skill, prudence, and diligence in the selection of the investment manager. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.)

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