Education Code — Part 14 | EDC — United States — California law | Esheria

Education Code

Part 14 of 57 · provisions 2,601–2,800

This section says the code is called the Education Code.

Jurisdiction
United States — California
Instrument
Code
Citation
EDC
Version
Undated source snapshot
Language
en
Official source
View official record ↗
Complete work
View statute overview
403(b) products AED maintenance AED procurement Apportionments Bond financing CEQA compliance COVID-19 temporary waiver CPR training Cal Grant CalFresh enrollment District formation District reorganization EEO planning Education Protection Account English acquisition English language development English language education English language instruction English language learning English language tutoring English learner instruction English learner reporting English learner services English learner support +8,535 more

Statute overview

About this statute

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.

Read the provisions Ask with citations

Legal text

Provisions of Education Code

Showing 200 of 11,236

  1. 22258.

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 STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2.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

    Money needed to pay certain insurance is continuously appropriated from the retirement fund to the board, and the Controller must draw warrants when the board makes demands.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 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. ) ## 22258. Notwithstanding Section 13340 of the Government Code, there is hereby continuously appropriated, without regard to fiscal years, from the retirement fund to the board, the amount necessary to pay for any insurance obtained pursuant to Section 7511 of the Government Code. These payments shall be made upon warrants drawn by the Controller upon demands made by the board. (Added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.)
  2. 22259.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 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, officers, and certain employees must have a fidelity bond or fiduciary liability insurance, with amounts set by the board as prudent.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 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. ) ## 22259. (a) All board members and officers and employees of the system shall execute a fidelity bond, in an amount determined by the board to be prudent, conditioned upon the faithful performance of the duties of the board member or employee. (b) All board members and officers and all staff of the investment division who are authorized to invest funds shall be covered with fiduciary liability insurance in an amount determined by the board to be prudent. (Amended by Stats. 1996, Ch. 634, Sec. 62. Effective January 1, 1997.)
  3. 22260.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 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 system may provide credit enhancement for certain employer debt instruments if the transaction meets Section 22250 and is not a prohibited transaction under federal tax 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. ) ## 22260. Notwithstanding any other provision of law, the system may provide credit enhancement for bonds, notes, certificates of participation, or other evidences of indebtedness of an employer, provided that any credit enhancement transaction satisfies the requirement of Section 22250 and does not constitute a prohibited transaction for purposes of Section 503 of the United States Internal Revenue Code. (Added by Stats. 1998, Ch. 1076, Sec. 4. Effective January 1, 1999.)
  4. 22261.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 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 may make certain investments in surplus real property owned by an employer if statutory requirements are met and the transaction is not a prohibited transaction.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 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. ) ## 22261. Notwithstanding any other provision of law, the board may make investments related to the planning, development, or acquisition of surplus real property owned by an employer, if the investment satisfies the requirements of Section 22250 and does not constitute a prohibited transaction for purposes of Section 503 of the Internal Revenue Code. (Added by Stats. 2002, Ch. 903, Sec. 1. Effective January 1, 2003.)
  5. 223.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 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 chapter does not apply to the membership practices of certain listed youth organizations that meet the stated tax-exempt and membership criteria.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 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. ) ## 223. This chapter shall not apply to the membership practices of the Young Men’s Christian Association, Young Women’s Christian Association, girl scouts, boy scouts, Camp Fire, or voluntary youth service organizations which are exempt from taxation under subdivision (a) of Section 501 of the federal Internal Revenue Code of 1954, whose membership has traditionally been limited to persons of one sex, and principally to persons of less than 19 years of age. (Amended by Stats. 1998, Ch. 914, Sec. 20. Effective January 1, 1999.)
  6. 22300.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 5. Administration [22300 - 22338] ( Chapter 5 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The chief executive officer is the system’s chief administrative officer and may administer oaths.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 5. Administration [22300 - 22338] ( Chapter 5 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22300. The chief executive officer is the chief administrative officer of the system. The chief executive officer may administer oaths. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.)
  7. 22301.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 5. Administration [22300 - 22338] ( Chapter 5 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The chief executive officer is responsible for administering the system and the plan, following board policies and rules, and may delegate acts or duties to subordinates unless the board requires personal action.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 5. Administration [22300 - 22338] ( Chapter 5 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22301. The chief executive officer has the authority and responsibility for the administration of the system and the plan pursuant to the policies and rules adopted by the board. The chief executive officer may delegate to his or her subordinates any act or duty unless the board by motion or resolution recorded in its minutes has required the chief executive officer to act personally. (Amended by Stats. 1996, Ch. 634, Sec. 63. Effective January 1, 1997.)
  8. 22302.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 5. Administration [22300 - 22338] ( Chapter 5 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The board must establish an ombudsperson position for two retirement benefit groups, and that position must review complaints and make recommendations to the chief executive officer.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 5. Administration [22300 - 22338] ( Chapter 5 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22302. (a) The board shall establish an ombudsperson position to serve as an advocate for the members of the Defined Benefit Program and participants of the Cash Balance Benefit Program. The duties of the ombudsperson position shall include reviewing and making recommendations to the chief executive officer regarding complaints by school employees, members, employee organizations, the Legislature, or the public regarding actions of the employees of the system. (b) It is the intent of the Legislature that the salary of the position of ombudsperson be offset, as much as possible, through savings realized from a reduction in interest payments on delinquent benefits to members, and through a more efficient and improved public relations program. (Amended by Stats. 2021, Ch. 186, Sec. 2. (SB 634) Effective January 1, 2022.)
  9. 22302.5.

    ## 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 5. Administration [22300 - 22338] ( Chapter 5 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The board may contract with a qualified third-party administrator for custodial, record keeping, or other administrative services needed to carry out specified 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 5. Administration [22300 - 22338] ( Chapter 5 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22302.5. The board may contract with a qualified third-party administrator for custodial, record keeping, or other administrative services necessary to carry into effect the provisions of Chapter 38 (commencing with Section 25000) of this part or Part 14. (Added by renumbering Section 22302 (as added by Stats. 2000, Ch. 74) by Stats. 2000, Ch. 1021, Sec. 13.5. Effective January 1, 2001.)
  10. 22303.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 5. Administration [22300 - 22338] ( Chapter 5 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The system may contract for retirement counseling, may use retired public employees part-time for that work, and the board may designate official representatives to receive documents.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 5. Administration [22300 - 22338] ( Chapter 5 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22303. (a) Due to an increase in the demand for retirement counseling services, the system, notwithstanding any other provision of law, may contract with a county superintendent or other employer to provide retirement counseling. Retired public employees may be employed on a part-time basis for that purpose, unless and until the study required by subdivision (b) of Section 7 of Chapter 1532 of the Statutes of 1985 recommends against the employment of retired public employees for these purposes. This authorization is subject to the availability of funds appropriated for that purpose in the annual Budget Act. (b) The board may, by resolution, designate one or more official representatives who provide retirement counseling pursuant to subdivision (a), or as an employee of the system, to receive documents submitted pursuant to this part, Part 13.5 (commencing with Section 25900), or Part 14 (commencing with Section 26000). Notwithstanding any other provision of law, any document received by a designated system representative during regular counseling office business hours or in the course of performing counseling services pursuant to this subdivision shall be deemed to have been received by the system’s headquarters office on the date received by the officially designated system representative. (Amended by Stats. 2013, Ch. 558, Sec. 6. (AB 1379) Effective January 1, 2014.)
  11. 22303.5.

    ## 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 5. Administration [22300 - 22338] ( Chapter 5 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The board must offer a midcareer retirement information program for all members.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 5. Administration [22300 - 22338] ( Chapter 5 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22303.5. Notwithstanding any other provision of law, the board shall offer a midcareer retirement information program for the benefit of all members to enhance awareness of the features and benefits of the Defined Benefit Program, services of the system, federal Social Security Act programs and benefits as they apply to members, and personal planning responsibilities. This information shall be provided to assist members in understanding the importance of financial, legal, estate, and personal planning, and how choices and options offered by the system may affect retirement. (Amended by Stats. 2017, Ch. 298, Sec. 1. (AB 1325) Effective January 1, 2018.)
  12. 22304.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 5. Administration [22300 - 22338] ( Chapter 5 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    Administration costs of the plan are paid from the retirement fund, cannot exceed the amount made available by law in any fiscal period, and must be allocated proportionately among the listed 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 5. Administration [22300 - 22338] ( Chapter 5 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22304. (a) The costs of administration of the plan shall be paid from the retirement fund and those costs may not exceed the amount made available by law during any fiscal period. (b) The administrative costs of the plan shall be divided proportionately in accordance with the assets of the Defined Benefit Program, the Defined Benefit Supplement Program, and the Cash Balance Benefit Program. (Amended by Stats. 2000, Ch. 74, Sec. 24. Effective January 1, 2001.)
  13. 22305.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 5. Administration [22300 - 22338] ( Chapter 5 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    Board-adopted rules and regulations for administering this part and Part 14 have the force and effect of law if they are not inconsistent with those parts.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 5. Administration [22300 - 22338] ( Chapter 5 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22305. Any rules and regulations adopted by the board for the purpose of the administration of this part and Part 14 (commencing with Section 26000), and not inconsistent with this part and Part 14 (commencing with Section 26000), have the force and effect of law. (Amended by Stats. 1998, Ch. 965, Sec. 33. Effective January 1, 1999.)
  14. 22306.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 5. Administration [22300 - 22338] ( Chapter 5 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    Information filed with the system is confidential and may be used only for specified purposes; system staff generally may not disclose confidential record information except in listed situations.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 5. Administration [22300 - 22338] ( Chapter 5 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22306. (a) Information filed with the system by a member, participant, or beneficiary of the plan is confidential and shall be used by the system for the sole purpose of carrying into effect the provisions of this part, Part 13.5 (commencing with Section 25900), and Part 14 (commencing with Section 26000). No official or employee of the system who has access to the individual records of a member, participant, or beneficiary shall divulge any confidential information concerning those records to any person except in the following instances: (1) To the member, participant, or beneficiary to whom the information relates. (2) To the authorized representative of the member, participant, or beneficiary. (3) To the governing board of the member’s or participant’s current or former employer. (4) To any department, agency, or political subdivision of this state. (5) To other individuals or entities as necessary to validate personal information of members, participants, and beneficiaries. (6) Pursuant to subpoena. (7) To an agent or a physician authorized by the board in the performance of duties pursuant to Section 24003, 24012, 24103, or 24111. (8) To a physician or psychologist authorized by the member to receive medical information, if the system determines that the information may be detrimental to the member, as provided under Section 1798.40 of the Civil Code. (b) Information filed with the system in a beneficiary designation form may be released after the death of the member or participant to those persons who may provide information necessary for the distribution of benefits. (c) The information is not open to inspection by anyone except the board and its officers and employees of the system, and any person authorized by the Legislature to make inspections. (Amended by Stats. 2017, Ch. 298, Sec. 2. (AB 1325) Effective January 1, 2018.)
  15. 22307.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 5. Administration [22300 - 22338] ( Chapter 5 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The board may transfer and disburse retirement funds for specified purposes, and some of those funds do not need annual Budget Act appropriation.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 5. Administration [22300 - 22338] ( Chapter 5 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22307. (a) The board may authorize the transfer and disbursement of funds from the retirement fund for the purpose of carrying into effect this part and Part 14 (commencing with Section 26000). That action shall require signatures of either the board chairperson and vice chairperson, or the signatures of the board chairperson or vice chairperson and the chief executive officer or any employee of the system designated by the chief executive officer. (b) Notwithstanding Section 13340 of the Government Code, the board may disburse funds for benefits payable under this part and Part 14 (commencing with Section 26000), for the payment of refunds and for investment transactions. Funds for these purposes shall not require appropriation by the annual Budget Act. (c) Funds for the payment of administrative expenses are not continuously appropriated, and funds for that purpose shall be appropriated by the annual Budget Act. (Amended by Stats. 2000, Ch. 1025, Sec. 15. Effective January 1, 2001.)
  16. 22307.5.

    ## 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 5. Administration [22300 - 22338] ( Chapter 5 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    This section creates the Teachers’ Retirement Program Development Fund and sets rules for how money goes into it and how it may be spent or transferred.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 5. Administration [22300 - 22338] ( Chapter 5 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22307.5. (a) There is in the State Treasury a trust fund to be known as the Teachers’ Retirement Program Development Fund. There shall be deposited directly in that fund, and not transferred from the Teachers’ Retirement Fund, that portion of employer contributions determined by the board as necessary to fund the expenditures authorized by this section. (b) Notwithstanding Section 13340 of the Government Code, moneys in the Teachers’ Retirement Program Development Fund are continuously appropriated without regard to fiscal years to pay any costs determined by the board to be related to the development of programs authorized by statute that the board determines directly or indirectly enhance the financial security of members, participants, or beneficiaries of the State Teachers’ Retirement Plan, if the board determines, by resolution, the proposed program is to have a reasonable expectation to generate sufficient revenue to carry out the ongoing responsibilities of the programs under development and permit the subsequent deposit of funds, pursuant to subdivision (e), into the Teachers’ Retirement Fund. (c) The board may authorize the transfer and disbursement of funds from the Teachers’ Retirement Program Development Fund for the purpose of carrying into effect this section upon the signature of either or both of its chairperson and vice chairperson or the chief executive officer or any employee of the system designated by the chief executive officer. (d) Disbursements of moneys from the Teachers’ Retirement Program Development Fund of whatever nature shall be made upon claims duly audited in the manner prescribed for the disbursement of other public funds. (e) An amount equal to employer contributions deposited in the Teachers’ Retirement Program Development Fund pursuant to subdivision (a), together with interest calculated based on the actuarially assumed rate of investment return for the Defined Benefit Program for the period beginning with the deposit of employer contributions into the Teachers’ Retirement Program Development Fund and ending with the transfer to the Teachers’ Retirement Fund, on terms and conditions established by the board pursuant to subdivision (b), shall be deposited in the Teachers’ Retirement Fund, from funds generated from the programs receiving development funds pursuant to this section. (Added by Stats. 2006, Ch. 780, Sec. 1. Effective January 1, 2007.)
  17. 22307.6.

    ## 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 5. Administration [22300 - 22338] ( Chapter 5 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The board may, by resolution, direct the Controller to move some or all assets from the Teachers’ Retirement Program Development Fund to a designated fund or account for the same program, if the board finds the transfer would improve efficient administration.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 5. Administration [22300 - 22338] ( Chapter 5 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22307.6. The board may, by resolution, direct the Controller to transfer all or a portion of the assets in the Teachers’ Retirement Program Development Fund, established pursuant to Section 22307.5, into the designated fund or account that is authorized to expend funds for the same program for which the assets in the Teachers’ Retirement Program Development Fund were credited, if the board finds that the transfer of the assets of the Teachers’ Retirement Program Development Fund into the designated fund or account would facilitate the efficient administration of the program for which the fund or account was established. (Added by Stats. 2010, Ch. 207, Sec. 5. (AB 2260) Effective January 1, 2011.)
  18. 22308.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 5. Administration [22300 - 22338] ( Chapter 5 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The board may correct certain errors or omissions for members, participants, or beneficiaries, but only under the stated conditions.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 5. Administration [22300 - 22338] ( Chapter 5 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22308. (a) Subject to subdivision (d), the board may, in its discretion and upon any terms it deems just, correct the errors or omissions of any member or beneficiary of the Defined Benefit Program, and of any participant or beneficiary of the Cash Balance Benefit Program, if all of the following facts exist: (1) The error or omission was the result of mistake, inadvertence, surprise, or excusable neglect, as each of those terms is used in Section 473 of the Code of Civil Procedure. (2) The correction will not provide the party seeking correction with a status, right, or obligation not otherwise available under this part. (b) Failure by a member, participant or beneficiary to make the inquiry that would be made by a reasonable person in like or similar circumstances does not constitute an “error or omission” correctable under this section. (c) Subject to subdivision (d), the board may correct all actions taken as a result of errors or omissions of the employer or this system. (d) The duty and power of the board to correct errors and omissions, as provided in this section, shall terminate upon the expiration of obligations of the board, system, and plan to the party seeking correction of the error or omission, as those obligations are defined by Section 22008. (e) Corrections of errors or omissions pursuant to this section shall be such that the status, rights, and obligations of all parties described in subdivisions (a), (b), and (c) are adjusted to be the same that they would have been if the act that was taken or would have been taken, but for the error or omission, was taken at the proper time. However, notwithstanding any of the other provisions of this section, corrections made pursuant to this section shall adjust the status, rights, and obligations of all parties described in subdivisions (a), (b), and (c) as of the time that the correction actually takes place if the board finds any of the following: (1) That the correction cannot be performed in a retroactive manner. (2) That even if the correction can be performed in a retroactive manner, the status, rights, and obligations of all of the parties described in subdivisions (a), (b), and (c) cannot be adjusted to be the same as they would have been if the error or omission had not occurred. (Amended by Stats. 1998, Ch. 965, Sec. 35. Effective January 1, 1999.)
  19. 22309.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 5. Administration [22300 - 22338] ( Chapter 5 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The system must provide active and inactive members with annual account statements, mail the statement when mailing conditions are met, and make periodic good-faith efforts to locate inactive members and give them benefit information.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 5. Administration [22300 - 22338] ( Chapter 5 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22309. (a) Except as provided in subdivision (c), the system shall make available to each active and inactive member, at least annually after the close of the school year, a statement of the member’s individual Defined Benefit Program and Defined Benefit Supplement accounts. The system shall mail a copy of the member’s statement, provided the employer or member has informed the system of the member’s current mailing address and the member has not requested to receive that annual statement electronically, in lieu of mailing. (b) The system shall periodically make a good faith effort to locate inactive members to provide these members with information concerning any benefit for which they may be eligible. (c) The mode of issuance described in subdivision (a) is subject to Section 22337. (Amended by Stats. 2013, Ch. 459, Sec. 1. (AB 989) Effective January 1, 2014.)
  20. 22310.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 5. Administration [22300 - 22338] ( Chapter 5 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    If a benefit or refund cannot be paid after a good-faith effort to locate the member or beneficiary, the payment must be returned to the retirement fund until the entitled person is found. Interest continues to accrue on accumulated contributions 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 5. Administration [22300 - 22338] ( Chapter 5 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22310. (a) If a benefit or refund cannot be paid because, after a good faith effort, the member or beneficiary cannot be located, the amount payable shall be returned to the retirement fund until the time the party entitled to payment is located. (b) Interest shall continue to accrue on the accumulated contributions pursuant to this part. (Amended by Stats. 1996, Ch. 634, Sec. 73. Effective January 1, 1997.)
  21. 22311.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 5. Administration [22300 - 22338] ( Chapter 5 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The board must maintain all data needed for actuarial review and valuation of 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 5. Administration [22300 - 22338] ( Chapter 5 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22311. The board shall maintain all data necessary to perform an actuarial investigation of the demographic and economic experience of the plan and for the actuarial valuation of the assets and liabilities of the plan. (Repealed and added by Stats. 2000, Ch. 74, Sec. 27. Effective January 1, 2001.)
  22. 22311.7.

    ## 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 5. Administration [22300 - 22338] ( Chapter 5 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The board must adopt actuarial assumptions, rates, factors, and tables by plan amendment when needed for administration of the plan and its 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 5. Administration [22300 - 22338] ( Chapter 5 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22311.7. Upon the basis of the actuarial investigation and actuarial valuation pursuant to Section 22311.5, or any part thereof, the board shall adopt by plan amendment actuarial assumptions, rates, factors, and tables as the board determines are necessary for administration of the plan and its programs. (Added by Stats. 2000, Ch. 74, Sec. 29. Effective January 1, 2001.)
  23. 22311.9.

    ## 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 5. Administration [22300 - 22338] ( Chapter 5 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The board must report to the Legislature on the Defined Benefit Program’s fiscal health and unfunded actuarial obligation, starting by July 1, 2019 and every five years after.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 5. Administration [22300 - 22338] ( Chapter 5 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22311.9. (a) The board shall report to the Legislature on or before July 1, 2019, and every five years thereafter, on the fiscal health of the Defined Benefit Program and the unfunded actuarial obligation with respect to service credited to members of that program before July 1, 2014. The first report shall include the unfunded actuarial obligation and funded ratio as of the date of enactment of this section and compare that with the unfunded actuarial obligation and funded ratio as of June 30, 2018, and the projected unfunded actuarial obligation and funded ratio as of June 30, 2046, based on contributions, and economic and demographic assumptions identified in the June 30, 2018, actuarial valuation. The report shall also identify adjustments required in contribution rates in order to eliminate by June 30, 2046, the unfunded actuarial obligation of the Defined Benefit Program with respect to service credited to members of that program before July 1, 2014. Subsequent reports shall include the unfunded actuarial obligation and the funded ratio of the Defined Benefit Program based on the actuarial valuation of the preceding year, and shall identify adjustments required in contribution rates in order to eliminate by June 30, 2046, the unfunded actuarial obligation of the Defined Benefit Program with respect to service credited to members of that program before July 1, 2014. These reports shall be provided consistent with the requirements of Section 9795 of the Government Code. (b) This section shall become inoperative on July 1, 2046, and as of January 1, 2047, is repealed. (Added by Stats. 2014, Ch. 47, Sec. 4. (AB 1469) Effective June 24, 2014. Section inoperative July 1, 2046. Repealed as of January 1, 2047, by its own provisions. Adding action may become inoperative under conditions prescribed by Stats. 2014, Ch. 47, Sec. 13, subd. (b).)
  24. 22313.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 5. Administration [22300 - 22338] ( Chapter 5 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The board may not apply certain contribution-rate adjustments retroactively, and it may not change a retired member’s allowance or annuity before the action date except to correct calculation errors.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 5. Administration [22300 - 22338] ( Chapter 5 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22313. (a) No adjustment shall be included in new rates of contribution adopted by the board on the basis of an investigation, valuation, and determination or because of amendment to the Teachers’ Retirement Law with respect to the Defined Benefit Program, for time prior to the effective date of the adoption or amendment, as the case may be. (b) No action of the board, other than correction of errors in calculating the allowance or annuity at the time of retirement, disability or death of a member shall change the allowance or annuity payable to a retired member or beneficiary prior to the date the action is taken. (Amended by Stats. 1998, Ch. 965, Sec. 36. Effective January 1, 1999.)
  25. 22314.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 5. Administration [22300 - 22338] ( Chapter 5 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The system must tell a retiring member that future tax liabilities may arise from the pending retirement 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 5. Administration [22300 - 22338] ( Chapter 5 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22314. The system shall inform a member, upon retirement, that future tax liabilities may occur as the result of the pending retirement allowance. (Added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.)
  26. 22318.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 5. Administration [22300 - 22338] ( Chapter 5 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    Initial disability-retirement payments must be made within 45 days of the latest required event, and the allowance must be finalized within 45 days after all necessary information is received.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 5. Administration [22300 - 22338] ( Chapter 5 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22318. (a) The initial payment to a disabled member or member retired for disability shall be paid within 45 days following the date the disability is approved, the effective date of the disability retirement or disability allowance, or receipt of all necessary information, whichever occurs last. Monthly payments shall continue thereafter. Initial payments may be based on a good faith estimated amount pending receipt by the system of all necessary employment, dependent, and other public benefit information. (b) The allowance payable to a disabled member or member retired for disability shall be finalized and a retroactive payment, if one is due, shall be issued within 45 days of receipt by the system of all necessary information. (Amended by Stats. 1996, Ch. 634, Sec. 79. Effective January 1, 1997.)
  27. 22319.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 5. Administration [22300 - 22338] ( Chapter 5 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The system must issue retirement-related initial payments within 45 days after the relevant trigger event, and must finalize the allowance and issue any retroactive payment within 45 days after receiving all necessary information.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 5. Administration [22300 - 22338] ( Chapter 5 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22319. (a) The initial payment to a member retired for service shall be issued within 45 days of either the effective date of retirement or receipt by the system of a completed application for retirement, whichever is later. The initial payment to an option beneficiary shall be issued within 45 days following receipt by the system of a completed application for death benefits and proof of death of the member. Monthly payments shall continue thereafter. Payments may be based on a good faith estimate pending receipt by the system of all necessary employment information. (b) The allowance payable to a member retired for service or option beneficiary shall be finalized and a retroactive payment, if one is due, shall be issued within 45 days of receipt by the system of all necessary information. (Amended by Stats. 1996, Ch. 634, Sec. 80. Effective January 1, 1997.)
  28. 22320.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 5. Administration [22300 - 22338] ( Chapter 5 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The system must pay certain death benefits to the beneficiary or estate within 45 days after it receives all necessary information.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 5. Administration [22300 - 22338] ( Chapter 5 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22320. The death benefits provided pursuant to Chapter 22 (commencing with Section 23800), Chapter 23 (commencing with Section 23850), and Chapter 24 (commencing with Section 23880) shall be paid to the beneficiary or estate within 45 days of receipt by the system of all necessary information. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.)
  29. 22321.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 5. Administration [22300 - 22338] ( Chapter 5 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The system must pay interest when delays exceed the allowable days in Sections 22318 to 22320.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 5. Administration [22300 - 22338] ( Chapter 5 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22321. The system shall pay interest for delays in excess of the allowable days specified in Sections 22318 to 22320, inclusive. The interest rate for late payments shall be the regular interest rate. Interest payments shall be deemed to be interest earned in the calendar year in which paid. All interest payments under this section shall be paid in addition to any credited interest that is paid. (Amended by Stats. 1996, Ch. 634, first Sec. 81. Effective January 1, 1997.)
  30. 22322.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 5. Administration [22300 - 22338] ( Chapter 5 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The system must report monthly to the board on all late 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 5. Administration [22300 - 22338] ( Chapter 5 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22322. The system shall report monthly to the board on all late payments. (Amended by Stats. 1996, Ch. 634, second Sec. 81 [Sec. 81.5]. Effective January 1, 1997.)
  31. 22323.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 5. Administration [22300 - 22338] ( Chapter 5 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The system must report monthly to the board about unpaid death benefits that have been outstanding for six months after notice of the member’s death.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 5. Administration [22300 - 22338] ( Chapter 5 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22323. The system shall report monthly to the board concerning outstanding death benefits payable that have not been paid within six months of the notification of the death of the member. (Amended by Stats. 1996, Ch. 634, Sec. 82. Effective January 1, 1997.)
  32. 22324.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 5. Administration [22300 - 22338] ( Chapter 5 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The board must file an annual report with the Governor and the Legislature by March 1 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 5. Administration [22300 - 22338] ( Chapter 5 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22324. The board shall file an annual report with the Governor and the Legislature by March 1 of each year on all phases of its work that could affect the need for public contributions for costs of administration of the system, including the subjects of benefits, programs, practices, procedures, comments on trends and developments in the field of retirement, and the following information on the assets of the plan: (a) A copy of the annual audit performed pursuant to Section 22217. (b) A certification letter from the system’s consulting actuary concerning the findings of the most recent actuarial valuation, accompanied by analysis of funding progress and summaries of the actuarial cost method, assumptions, and demographic data, including actual payroll subject to the system. (c) A review of the system’s asset mix strategy, a market review or the economic and financial environment in which investments were made, and a summary of the system’s general investment strategy. (d) A description of the investments of the system at cost and market value, and a summary of major changes that occurred since the previous year. (e) The annual return on investments and the following information regarding the rate of return of the system by asset type: (1) Time-weighted market value rate of return on a five-year, three-year, and one-year basis. (2) Time-weighted book value rate of return on a five-year, three-year, and one-year basis. (3) Portfolio return comparisons that compare investment returns with universes and indexes. (f) A report on the use of outside investment advisers and managers. (g) A report on the nature and cost of investment contract services used, including either the start date of an existing contract or, if there are multiple existing contracts with the same contractor or vendor, the earliest start date. (h) A report on shareholder voting. (i) A report for the prior fiscal year on the following information: (1) The percentage of purchasing power protection and any changes adopted by the board. (2) The extent to which inflation has eroded the purchasing power of benefits provided under the Defined Benefit Program. (3) The amount of supplementary increases in retirement allowances required to preserve the purchasing power of benefits provided by the Defined Benefit Program. (Amended by Stats. 2012, Ch. 864, Sec. 4. (AB 2663) Effective January 1, 2013.)
  33. 22324.5.

    ## 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 5. Administration [22300 - 22338] ( Chapter 5 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The board must adopt any regulations needed to keep administering the statutes, determine an implementation date based on system readiness, and post that date on the system website by July 1, 2027.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 5. Administration [22300 - 22338] ( Chapter 5 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22324.5. (a) The amendments to this part by the act adding this section during the second year of the 2023–24 Regular Session are consistent with subdivision (e) of Section 22115. The board shall adopt regulations to the extent required in order to continue to administer the statutes accordingly. (b) (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. 18. (AB 1997) Effective January 1, 2025. Conditionally operative as prescribed by its own provisions.)
  34. 22325.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 5. Administration [22300 - 22338] ( Chapter 5 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The system must publish and update website resources that explain these retirement laws at least yearly, and employers must follow the laws in force when compensation is reported.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 5. Administration [22300 - 22338] ( Chapter 5 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22325. (a) The system, at least annually, shall identify and provide resources on its website that interpret and clarify the applicability of creditable compensation and creditable service laws in this part and regulations promulgated pursuant to this part. Resources identified by the system shall be relied upon and used for purposes of subdivision (c) until and unless such a resource is revoked or superseded by the system. (b) New or different interpretations of law, including those that would modify the application of prior interpretations, that differ from the resources identified by the system pursuant to subdivision (a) shall not take effect until after notice is issued to employers and exclusive representatives and shall not be applied retroactively to compensation reported prior to that notice, unless a retroactive interpretation is the result of a state or federal law, an executive order of the Governor, or a final court order. (c) For purposes of audits or any other actions by the system, employers are responsible for complying with the laws and regulations in effect at the time the compensation is reported, except when such laws or regulations are superseded by state or federal law, an executive order of the Governor, or final court order. If the system later determines that compensation reported in accordance with the system’s resources identified pursuant to this section has been reported in error, as a result of an error in those resources, the resulting overpayment to the individual member, former member, or beneficiary shall be deemed an error by the system and shall be recovered pursuant to paragraph (4) of subdivision (a) of Section 24616.2. (Amended by Stats. 2023, Ch. 215, Sec. 1. (SB 432) Effective January 1, 2024.)
  35. 22326.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 5. Administration [22300 - 22338] ( Chapter 5 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    Employers or exclusive representatives may ask the system for an advisory letter, and the system must respond within 30 days after it has all requested information, unless good cause requires more 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 5. Administration [22300 - 22338] ( Chapter 5 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22326. (a) For the purposes of this section: (1) “Advisory letter” means a written determination issued to an employer or an exclusive representative in response to the employer’s or exclusive representative’s submission relating to specific compensation language that is included, or is proposed to be included, in a publicly available written contractual agreement in order for the system to provide formal written guidance for the proper reporting of such compensation consistent with the laws governing creditable compensation and the administrative regulations of the system. (2) “Material facts” means facts that would have changed the determination made in an advisory letter. (b) An employer or an exclusive representative may submit to the system a request for an advisory letter. (c) (1) A submission to the system under subdivision (b) shall be in writing on a form provided by the system and shall include the specific compensation language, a description of the facts related to the compensation language, and the basis of the requesting party’s inquiry, including, but not limited to, specific questions about the reporting of the compensation, and any other supporting documents or requirements the system deems necessary to complete its review. (2) A submission to the system may be denied if it involves an issue that is in litigation with the system and the employer or a member to whom the advisory letter would expressly relate. (3) A submission to the system may be withdrawn by the employer or exclusive representative at any time before an advisory letter is provided. (d) (1) The system shall provide an advisory letter regarding the submission to the employer or exclusive representative within 30 days of the receipt of all information requested by the system, unless an extended period of time is necessary for good cause. (2) An advisory letter may be superseded by state or federal law, an executive order of the Governor, final court order, or a resource identified pursuant to Section 22325. (e) If the system later determines that specific compensation reported in accordance with the system’s advisory letter provided pursuant to this section has been reported in error by the employer identified in the advisory letter as a result of an error in the advisory letter, the resulting overpayment to the individual member, former member, or beneficiary shall be deemed an error by the system and shall be recovered pursuant to paragraph (4) of subdivision (a) of Section 24616.2. (f) Only the employer identified in the advisory letter or a member to whom an advisory letter expressly relates may use and rely upon the advisory letter, or offer the advisory letter as evidence of an error by the system. The use and reliance upon, or the offering in evidence of, an advisory letter shall be contingent on a system determination that all material facts related to the specific compensation were disclosed in the submission and the employer reported that specific compensation in reliance on the advisory letter. (g) This section shall become operative on July 1, 2023. (Amended by Stats. 2023, Ch. 215, Sec. 2. (SB 432) Effective January 1, 2024.)
  36. 22327.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 5. Administration [22300 - 22338] ( Chapter 5 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The Employment Development Department must give the retirement system certain earnings information for qualifying members, and the system must limit how it uses and shares that information.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 5. Administration [22300 - 22338] ( Chapter 5 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22327. Notwithstanding any other provision of law, the Employment Development Department shall disclose to the system information in its possession relating to the earnings of any person who is a member of the Defined Benefit Program, if the member is receiving a disability benefit or performing retired member activities. The earnings information shall be released to the system only upon written request from the system specifying that the person is a member of the Defined Benefit Program and is receiving a disability benefit or performing retired member activities. The system shall use the information obtained pursuant to this section only for purposes of Chapter 25 (commencing with Section 24001), Chapter 26 (commencing with the Section 24100), Section 24214, or Section 24214.5. The request may be made by the chief executive officer of the system or by an employee of the system so authorized and identified by name and title by the chief executive officer in writing. The system shall notify members receiving a disability benefit or performing retired member activities that earnings information shall be obtained from the Employment Development Department upon request by the system. The system shall not release any earnings information received from the Employment Development Department to any person, agency, or other entity. The system shall reimburse the Employment Development Department for all reasonable administrative expenses incurred pursuant to this section. (Amended by Stats. 2013, Ch. 559, Sec. 12. (AB 1381) Effective January 1, 2014.)
  37. 22328.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 5. Administration [22300 - 22338] ( Chapter 5 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    When a retirement or disability allowance ends, the person’s accounts must be credited with specified contributions, subject to certain deductions.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 5. Administration [22300 - 22338] ( Chapter 5 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22328. (a) Upon termination of a retirement allowance or disability allowance that began to accrue on or after July 1, 1972, the person’s individual account shall be credited with the amount of his or her accumulated retirement contributions as they were on the effective date of retirement or disability, less the sum of all payments made under paragraph (1) of subdivision (a) of Section 24202, and under Sections 24006 and 24007. The reduction shall not be greater than the total of the accumulated retirement contributions. (b) Upon the termination of a retirement allowance, the person’s accumulated annuity deposit contribution accounts shall be credited with the amounts of the contributions as they were on the date the annuity became payable because of the retirement less the sum of all payments made under paragraph (2) of subdivision (a) of Section 24202. (Amended by Stats. 1996, Ch. 634, Sec. 85. Effective January 1, 1997.)
  38. 22329.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 5. Administration [22300 - 22338] ( Chapter 5 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The system must install a toll-free 800 telephone line.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 5. Administration [22300 - 22338] ( Chapter 5 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22329. In order to provide equitable telephone assistance to all members and beneficiaries, regardless of their location in California, the system shall install a toll-free, “800” prefix, line. (Amended by Stats. 1996, Ch. 634, Sec. 86. Effective January 1, 1997.)
  39. 22330.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 5. Administration [22300 - 22338] ( Chapter 5 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The board must give the Legislature an analysis of certain bills affecting the system, and the analysis must explain the methodology and assumptions used.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 5. Administration [22300 - 22338] ( Chapter 5 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22330. (a) The board shall provide the Legislature with an analysis of the asset and liability implications of each bill that would affect the investment strategy of the system, the funding of the plan, or the benefit structure of the plan. The analysis shall include an explanation of the methodology employed and the assumptions used in its preparation. Neither fiscal committee of the Legislature shall hear any such bill until the analysis has been provided to the committee. (b) There is hereby continuously appropriated, without regard to fiscal years, from the retirement fund, an amount sufficient to pay all costs arising from subdivision (a), but not to exceed fifty thousand dollars ($50,000) in any one fiscal year. (Amended by Stats. 1996, Ch. 634, Sec. 87. Effective January 1, 1997.)
  40. 22337.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 5. Administration [22300 - 22338] ( Chapter 5 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    This section allows certain communications to be sent electronically, and lets the system make electronic delivery the default if affected parties are notified and can request mail delivery.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 5. Administration [22300 - 22338] ( Chapter 5 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22337. (a) The requirements and procedures described in this section shall apply, to the extent that they are applicable, to the following sections: (1) Section 22309. (2) Section 22661. (3) Section 22662. (4) Section 22663. (5) Section 22801. (6) Section 23104. (7) Section 23203. (8) Section 24615. (9) Section 26214. (b) A communication or other action described in a section listed in subdivision (a) may be made by electronic delivery pursuant to the requirements of this section. The system may designate electronic delivery the default method of communication or other action with regard to these sections, provided that the system notifies the parties affected that they have the right to request delivery by mail and that, unless the affected party elects, in a manner specified by the system, to continue delivery by mail, delivery shall be provided electronically. (c) Prior to the designation described in subdivision (b), mail shall continue to be the default method of communication unless the member, nonmember spouse, participant, nonparticipant spouse, or beneficiary has requested that he or she receive that communication electronically, pursuant to a procedure specified by the system. (d) If a provision in a section listed in subdivision (a) requires that action be taken within a specified number of days of a mailing date, and electronic delivery has been substituted for delivery by mail, date of electronic delivery shall substitute for date of mailing for purposes of measuring the number of days within which an action is to be taken. (Added by Stats. 2013, Ch. 459, Sec. 2. (AB 989) Effective January 1, 2014.)
  41. 22338.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 5. Administration [22300 - 22338] ( Chapter 5 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The system must send specified employee and applicant fingerprint information to the Department of Justice, which must return a response, and the system may use the returned records only for the listed employment-screening 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 5. Administration [22300 - 22338] ( Chapter 5 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22338. (a) (1) This section applies to current employees of the system as a condition of their employment as well as applicants who apply to become employees of the system while a tentative offer is still pending. (2) The criminal history check authorized by this section is limited to those employees and applicants whose duties include, or would include, any of the following: (A) Access to confidential or sensitive information and data maintained by the system or submitted to the system by its members and others. (B) The system’s chief executive officer performing duties pursuant to Section 22301. (C) Legal services and operations. (D) Actuarial, investment, audit, accounting, and financial services. (E) A position that requires driving as an essential function of the position. (b) The system shall submit to the Department of Justice fingerprint images and related information required by the department of each employee and applicant for employment, specified in subdivision (a), in accordance with subdivision (u) of Section 11105 of the Penal Code. (c) The Department of Justice shall provide a state or federal response to the system pursuant to subdivision (p) of Section 11105 of the Penal Code. (d) The system shall use the records and information received from the Department of Justice pursuant to subdivisions (b) and (c) exclusively for the purposes of employment subject to Section 19572 of the Government Code and to screen applicants for employment while a tentative offer is still pending with the system. (Added by Stats. 2023, Ch. 159, Sec. 1. (SB 885) Effective January 1, 2024.)
  42. 22350.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 6. Investments [22350 - 22364] ( Chapter 6 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The Legislature states that changing economic conditions and growing investment-market complexity make it necessary and desirable for the system to obtain the best possible investment expertise.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 6. Investments [22350 - 22364] ( Chapter 6 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22350. The Legislature finds and declares that changing economic conditions and increasing complexity in the investment market make it necessary and desirable that the system obtain the best possible investment expertise. (Added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.)
  43. 22351.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 6. Investments [22350 - 22364] ( Chapter 6 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The Legislature states that the board should secure investment advisors with the right combined expertise for investing the retirement fund portfolio.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 6. Investments [22350 - 22364] ( Chapter 6 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22351. It is the intent of the Legislature that the board secure investment advisors with the composite expertise necessary for the investment of the retirement fund portfolio. (Added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.)
  44. 22352.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 6. Investments [22350 - 22364] ( Chapter 6 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The board may set up competitive bidding and contract terms for investment managers and advisers if it finds needed expertise is not available in existing civil service classifications and the State Personnel Board approves.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 6. Investments [22350 - 22364] ( Chapter 6 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22352. Upon a finding by the board that necessary investment expertise is not available within existing civil service classifications, and with the approval of the State Personnel Board, the board may, pursuant to policy adopted by the board, establish competitive bidding processes, and specify the contract terms and conditions it solely deems necessary and prudent to contract with qualified investment managers and investment advisers, as defined in Section 22143, having demonstrated expertise in managing, or advising the management of, large and diverse investment portfolios to render service in connection with the investment program of the board. (Amended by Stats. 2021, Ch. 619, Sec. 1. (AB 539) Effective January 1, 2022.)
  45. 22353.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 6. Investments [22350 - 22364] ( Chapter 6 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The board must contract for at least two separate individual investment advisers.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 6. Investments [22350 - 22364] ( Chapter 6 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22353. (a) Notwithstanding any other provision of law, the board shall by contract retain not less than two separate individual investment advisers. (b) Notwithstanding Section 13340 of the Government Code, there is hereby continuously appropriated without regard to fiscal years, from the retirement fund, an amount sufficient to pay all costs arising from this section. (c) No costs arising from this section shall be paid from the General Fund. (Added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.)
  46. 22354.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 6. Investments [22350 - 22364] ( Chapter 6 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The board must hire or create full-time investment manager positions to oversee corporations owned by the plan and advise on voting and corporate governance matters.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 6. Investments [22350 - 22364] ( Chapter 6 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22354. (a) The board shall, pursuant to the state civil service statutes, either contract with, or establish and fill full-time positions for, investment managers who are experienced and knowledgeable in corporate management issues to monitor each corporation any of whose shares are owned by the plan and to advise the board on the voting of the shares owned by the plan and on the responses of the system to merger proposals and tender offers and all other matters pertaining to corporate governance. (b) Notwithstanding Section 13340 of the Government Code, there is hereby continuously appropriated, without regard to fiscal years, from the retirement fund, an amount sufficient to pay all costs arising from this section. (Amended by Stats. 1998, Ch. 965, Sec. 42. Effective January 1, 1999.)
  47. 22355.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 6. Investments [22350 - 22364] ( Chapter 6 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The board must not hire, through an interagency agreement, investment personnel who would also serve as investment staff for the Public Employees’ Retirement System board during that 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 6. Investments [22350 - 22364] ( Chapter 6 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22355. In no event shall the board employ through interagency agreement any investment personnel who would also serve during the term of the agreement as investment staff to the Board of Administration of the Public Employees’ Retirement System. (Added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.)
  48. 22356.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 6. Investments [22350 - 22364] ( Chapter 6 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The board may use proceeds from selling or redeeming securities before maturity to reduce the book value of securities purchased, if the new purchase used those proceeds and the securities’ terms do not differ by more than five 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 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 6. Investments [22350 - 22364] ( Chapter 6 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22356. The board may apply to reduce the book value of securities purchased, all or part of the excess of the proceeds of the sale or redemption prior to maturity of securities over the book value of the securities sold or redeemed provided the purchase of securities is made with those proceeds and provided that the terms of both securities from the date of sale, redemption, or purchase, as the case may be, to the respective dates of maturity, do not differ by more than five years. All applications of excess of sales or redemption proceeds, even with greater difference in terms, made by the board before October 1, 1949, are hereby validated and confirmed. (Added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.)
  49. 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 6. Investments [22350 - 22364] ( Chapter 6 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The board may retain a bank or trust company to act as custodian for the retirement fund’s investment-related safekeeping and services.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 6. Investments [22350 - 22364] ( Chapter 6 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22359. Notwithstanding any other provision of law, the board may retain a bank or trust company to serve as custodian for safekeeping, delivery, securities valuation, investment performance reporting, and other services in connection with investment of the retirement fund. (Added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.)
  50. 22360.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 6. Investments [22350 - 22364] ( Chapter 6 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The board may run a home-loan investment program for residential mortgages, but it must follow specified loan, security, and interest-rate conditions.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 6. Investments [22350 - 22364] ( Chapter 6 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22360. (a) Notwithstanding any other provision of law, the board may pursuant to Section 22203 and in conformance with its fiduciary duty set forth in Section 22250, enter into correspondent agreements with private lending institutions in this state to utilize the retirement fund to invest in residential mortgages, including assisting borrowers, through financing, to obtain homes in this state. (b) The program shall, among other things, provide: (1) That home loans be made available to borrowers for the purchase of single-family dwellings, two-family dwellings, three-family dwellings, four-family dwellings, single-family cooperative apartments, and single-family condominiums. (2) That the recipients of the loans occupy the homes as their principal residences in accordance with policies established by the board. (3) That the home loans shall be available only for the purchase or refinance of homes in this state. (4) That the amount and length of the loans shall be pursuant to a schedule periodically established by the board that shall provide a loan of up to 100 percent of the appraised value. In no event shall the loan amount exceed 200 percent of the conforming loan limit set by the Federal National Mortgage Association (FNMA) or 200 percent of the conforming loan limit set by the Federal Home Loan Mortgage Corporation (FHLMC), whichever is greater. The portion of any loan exceeding 80 percent of value shall be insured by an admitted mortgage guaranty insurer conforming to Chapter 2A (commencing with Section 12640.01) of Part 6 of Division 2 of the Insurance Code, in an amount so that the unguaranteed portion of the loan does not exceed 75 percent of the market value of the property together with improvements thereon. (5) That there may be prepayment penalties assessed on the loans in accordance with policies established by the board. (6) That the criteria and terms for its loans shall be consistent with the financial integrity of the program and the sound investment of the retirement fund. (7) Any other terms and conditions as the board shall deem appropriate. (c) It is the intent of the Legislature that the provisions of this section be used to establish an investment program for residential mortgages, including assisting borrowers in purchasing homes in this state, or refinancing a mortgage loan. The Legislature intends that home loans made pursuant to this section shall be secured primarily by the property purchased or refinanced and shall not exceed the appraised value of that property. (d) Appropriate administrative costs of implementing this section and Section 22360.5 shall be paid by the participating borrowers. Those costs may be included in the loan amount. (e) Appropriate interest rates shall be periodically reviewed and adjusted to provide loans to borrowers consistent with the financial integrity of the home loan program and the sound and prudent investment of the retirement fund. Under no circumstances, however, shall the interest rates offered to borrowers be below current market rate. (f) The board shall administer this section and Section 22360.5 under other terms and conditions it deems appropriate and in keeping with the investment standard. The board may adopt policies as necessary for its administration of this section and Section 22360.5 and to assure compliance with applicable state and federal laws. (g) This section and Section 22360.5 shall be known as, and may be cited as, the Dave Elder State Teachers’ Retirement System Home Loan Program Act. (Amended by Stats. 2001, Ch. 802, Sec. 4. Effective January 1, 2002.)
  51. 22360.5.

    ## 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 6. Investments [22350 - 22364] ( Chapter 6 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The board may offer a home-purchase financing procedure, but the member’s loan and repayment rules are tightly limited.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 6. Investments [22350 - 22364] ( Chapter 6 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22360.5. (a) The board may include in any investment program established pursuant to Section 22360 a procedure whereby a member may obtain 100 percent financing for the purchase for a single-family dwelling unit in accordance with the following criteria: (1) The member shall obtain one loan secured by the purchased home, pursuant to Section 22360, and a second personal loan secured by a portion of the accumulated retirement contributions in the member’s individual account. The personal loan shall only be used for the purchase of the member’s principal residence and not for a loan to refinance the member’s existing mortgage. (2) The loan secured by the purchased home shall be consistent with the requirements imposed by Section 22360. (3) In no event may the personal loan secured by the accumulated retirement contributions in the member’s individual account exceed the lesser of 50 percent of the current value amount of the accumulated retirement contributions or fifty thousand dollars ($50,000). (4) If two members are married, the personal loan secured by the sum total of accumulated retirement contributions in both members’ accounts shall not exceed 5 percent of the loan. (5) The pledge of security under this section shall remain in effect until the personal loan is paid in full. (b) The pledge of security under this section shall take binding effect. In the event of a default on the personal loan secured by the member’s retirement contributions as authorized by this section, the board shall deduct an amount from the member’s accumulated retirement contributions on deposit and adjust the member’s accumulated retirement contributions as necessary to recover any outstanding loan balance prior to making any disbursement of a refund or a lump-sum distribution. (c) In the event of a default on the personal loan by a member, the board shall deduct the monthly principal plus appropriate interest from the member’s benefit, when the member begins receiving a benefit, until the loan is paid in full. (d) In the event of a default on the personal loan by a member receiving a benefit, the board shall deduct the monthly principal and interest from the member’s benefit until the personal loan is paid in full. (e) The secured personal loan permitted under this section shall be made available only to members who meet eligibility criteria as determined by the board. (f) In the event of a refund or lump-sum distribution of the accumulated retirement contributions, the member’s account shall be adjusted as necessary to recover any outstanding loan balance. (g) If the member is married at the time the home is purchased with a personal loan secured by the member’s accumulated retirement contributions as authorized by this section, then the member’s spouse shall agree in writing to the pledge of security, as to his or her community interest in the amount pledged, regardless of whether title to the home is held in joint tenancy. (h) For purposes of the section only, “member” means any person who is entitled to receive an allowance funded by the system pursuant to this part or Part 14, notwithstanding any vesting requirement and without regard to present eligibility to retire, and who is not retired or disabled. (Added by Stats. 1999, Ch. 939, Sec. 27. Effective January 1, 2000.)
  52. 22361.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 6. Investments [22350 - 22364] ( Chapter 6 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The board may create and run a retirement-fund loan program for current and retired members affected by a natural disaster, subject to fiduciary duty and qualifying conditions.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 6. Investments [22350 - 22364] ( Chapter 6 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22361. (a) The board may, subject to and consistent with its fiduciary duty, establish a program utilizing the retirement fund to assist currently employed members and retired members who are victims of a natural disaster to obtain loans from the retirement fund for the sole purpose of repairing or rebuilding their homes that have been damaged by a natural disaster. In order to qualify for such a loan, the home of the currently employed member or retired member shall have been damaged by a natural disaster and the home shall have been in an area that has been declared a disaster area in a proclamation of the Governor of a state of emergency affecting the area in which the currently employed member or retired member resides. (b) The board may loan any amount of money, up to and including 100 percent of the current appraised value of a home of a currently employed member or retired member. However, 5 percent of the loan may, at the discretion of the board, be secured by the contributions of the member who requests the loan. (c) The board may, under such conditions as it may deem prudent, require that a currently employed member or retired member pledge other assets as collateral for a loan. (d) The board shall establish terms for the termination of loans made pursuant to this section upon the separation of members from service, to ensure, in the case of any default, that the fund shall not suffer any loss and to provide, as a condition of retirement, for alternative security. The board may impose any other terms and conditions the board may determine appropriate. (e) The Legislature hereby reserves full power and authority to change, revise, limit, expand, or repeal the loan program authorized by this section. (Amended by Stats. 1996, Ch. 634, Sec. 92. Effective January 1, 1997.)
  53. 22362.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 6. Investments [22350 - 22364] ( Chapter 6 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The board must direct at least 25% of new fiscal-year plan funds into specified residential realty-related investments, unless it uses permitted substitute investments or another exception in the section applies.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 6. Investments [22350 - 22364] ( Chapter 6 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22362. (a) Notwithstanding any other provision of law, the board shall give first priority to investing not less than 25 percent of all funds of the plan that become available in a fiscal year for new investments, in any of the following: (1) Obligations secured by a lien or charge solely on residential realty, including rental housing, located in the state and on the security of which, commercial banks are permitted to make loans pursuant to Article 2 (commencing with Section 1220) of Chapter 10 of Division 1 of the Financial Code. (2) Securities representing a beneficial interest in a pool of obligations secured by a lien or charge solely on residential realty located in the state. (3) Certificates of deposit issued by savings and loan associations, if the savings and loan associations agree to make loans, or to fund tax-exempt notes or bonds issued by housing authorities, cities, or counties, on residential realty located in the state, including rental housing, in an amount equal to the amount of the deposit. (b) Funds subject to investment pursuant to this section include all moneys received as employer and member contributions, investment income, and the proceeds from all net gains and losses from securities, reduced by the amount of benefit payments and withdrawals occurring during the fiscal year. In computing the amount of investment pursuant to this section, a dollar-for-dollar credit shall be given for residential realty investments described in this section that are contractually agreed to be made by a financial institution from which the board, in consideration thereof, purchases other such investments. In computing the amount of investment pursuant to this section, the board may elect to include the dollar amount of commitments to purchase mortgages from public revenue bond programs in the year the commitment is given. However, that election may not exceed one-fifth of the total guideline amount. (c) Nothing in this section shall be construed to require the acquisition of any instrument or security at less than the market rate. (d) If the board determines during any fiscal year that compliance with this section will result in lower overall earnings for the retirement fund than obtainable from alternative investment opportunities that would provide equal or superior security, including guarantee of yield, the board may substitute those higher yielding investments, to the extent actually available for acquisition, for the investments otherwise specified by this section. Additionally, if, and to the extent that, adherence to the diversification guideline specified in this section would conflict with its fiduciary obligations in violation of Section 9 of Article I of the California Constitution or Section 10 of Article I of the United States Constitution, or would conflict with the standard for prudent investment of the fund as set forth in Section 17 of Article XVI of the California Constitution, the board may substitute alternative investments. (e) The board, upon determining the final amount of funds available for investment in substitute alternative investments and the estimated amount of funds invested pursuant to subdivision (a), shall submit that information to the Governor and the Joint Legislative Audit Committee. Thereafter, the Joint Legislative Audit Committee shall transmit the report of the State Auditor to the Speaker of the Assembly and the Senate Committee on Rules for transmittal to the affected policy committees. (Amended by Stats. 2006, Ch. 654, Sec. 3. Effective January 1, 2007.)
  54. 22363.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 6. Investments [22350 - 22364] ( Chapter 6 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    Vendors or contractors must file a written disclosure before a closed session if they made certain campaign contributions or gifts; otherwise the matter cannot be considered in that closed session.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 6. Investments [22350 - 22364] ( Chapter 6 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22363. No matter involving any vendor or contractor, in their individual or any other capacity, shall be considered during a closed session on any transaction involving the system unless, prior to the closed session, a written disclosure has been submitted by the vendor or contractor of any campaign contributions aggregating two hundred fifty dollars ($250) or more and any gifts aggregating fifty dollars ($50) or more in value that the vendor or contractor has made during the preceding calendar year to any member of the board or any officer or employee of the system. Failure to disclose the campaign contributions and gifts shall provide the basis for disqualification of the contractor or the vendor. (Added by Stats. 1998, Ch. 923, Sec. 2. Effective January 1, 1999.)
  55. 22364.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 6. Investments [22350 - 22364] ( Chapter 6 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The board, its staff, and financially interested parties are restricted from certain contract and investment-related communications, with disclosure requirements and possible disqualification or other remedies.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 6. Investments [22350 - 22364] ( Chapter 6 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22364. (a) During the process leading to an award of any contract by the system, no member of the board or its staff shall knowingly communicate concerning any matter relating to the contract or selection process with any party financially interested in the contract, or an officer or employee of that party, unless the communication is (1) part of the process expressly described in the request for proposal or other solicitation invitation, or (2) part of a noticed board meeting, or (3) as provided in subdivision (c). Any applicant or bidder who knowingly participates in a communication that is prohibited by this paragraph shall be disqualified from the contract award. (b) During the evaluation of any prospective investment transaction, no party who is financially interested in the transaction, or an officer or employee of that party, may knowingly communicate with any board member concerning any matter relating to the transaction or its evaluation, unless the financially interested party discloses the content of the communication in a writing addressed and submitted to the executive officer and the board prior to the board’s action on the prospective transaction. This subdivision shall not apply to communications that are part of a noticed board meeting, or as provided in subdivision (c). (1) The writing shall disclose the date and location of the communication, and the substance of the matters discussed. The board shall prescribe other procedures concerning this disclosure. (2) Any board member who participates in a communication subject to this subdivision shall also have the obligation to disclose the communication to the executive officer and board, prior to the board’s action on the prospective transaction. The board shall prescribe procedures for this disclosure, including procedures to apply to board members who fail to disclose communications as required by this subdivision. (3) Consistent with its fiduciary duties, the board shall determine the appropriate remedy for any knowing failure of a financially interested party to comply with this subdivision including, but not limited to, outright rejection of the prospective investment transaction, reduction in fee income, or any other sanction. (4) The communications disclosed under this subdivision shall be made public, either at the open meeting of the board in which the transaction is considered, or if in closed session, upon public disclosure of any closed session votes concerning the investment transaction. (c) The procedures and prohibitions prescribed by this section shall not apply to: (1) Communications that are incidental, exclusively social, and do not involve the system or its business, or the board or staff member’s role as a system official. (2) Communications that do not involve the system or its business and that are within the scope of the board or staff member’s private business or public office wholly unrelated to the system. (Added by Stats. 1998, Ch. 923, Sec. 3. Effective January 1, 1999.)
  56. 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 7. System Headquarters [22375 - 22380] ( Chapter 7 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The board may buy or otherwise acquire real property and may remodel, equip, or build an office building to create a permanent headquarters facility.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 7. System Headquarters [22375 - 22380] ( Chapter 7 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22375. Notwithstanding Part 11 (commencing with Section 15850) of Division 3 of Title 2 of the Government Code, the board may select, purchase, or acquire in the name of the plan, the fee or any lesser interest in real property, improved or unimproved, and may remodel and equip, or construct an office building in the greater metropolitan Sacramento area, including the City of Sacramento, the County of Sacramento, and the eastern part of Yolo County, for the purposes of establishing a permanent headquarters facility for the system. (Amended by Stats. 2004, Ch. 378, Sec. 1. Effective January 1, 2005.)
  57. 22376.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 7. System Headquarters [22375 - 22380] ( Chapter 7 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The board may include excess space in buildings or improvements it acquires or builds, and may contract with the Department of General Services to rent that excess space and provide supervision and maintenance.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 7. System Headquarters [22375 - 22380] ( Chapter 7 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22376. All buildings acquired or improvements constructed by the board under the provisions of this chapter may contain space in excess of immediate requirements. The board may contract with the Department of General Services to handle the rentals of any excess space over and above that required by the board and to furnish general supervision and maintenance of buildings and improvements constructed under the provisions of this chapter. (Added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.)
  58. 22377.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 7. System Headquarters [22375 - 22380] ( Chapter 7 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The board may contract with the Department of General Services or another state agency for help acquiring real property and building authorized improvements.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 7. System Headquarters [22375 - 22380] ( Chapter 7 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22377. The board may contract with the Department of General Services or any other state agency for assistance in the acquisition of real property and any construction thereon of buildings or improvements authorized by this chapter. (Added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.)
  59. 22378.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 7. System Headquarters [22375 - 22380] ( Chapter 7 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    If condemnation of the selected property is necessary, the board may deposit necessary appropriated funds with the treasurer to buy that property, subject to the Property Acquisition 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 7. System Headquarters [22375 - 22380] ( Chapter 7 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22378. In the event that condemnation of the property selected is necessary, the board may elect to deposit with the treasurer funds it deems necessary, and that are appropriated, for purchase of the selected property subject to the Property Acquisition Law (Part 11 (commencing with Section 15850) of Division 3 of Title 2 of the Government Code). (Added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.)
  60. 22379.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 7. System Headquarters [22375 - 22380] ( Chapter 7 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    Projects must be done under contract awarded to the lowest responsible bidder using State Contract Act bidding 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 7. System Headquarters [22375 - 22380] ( Chapter 7 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22379. Work on all projects shall be done under contract awarded to the lowest responsible bidder pursuant to bidding procedures set forth in the State Contract Act (Chapter 1 (commencing with Section 10100) of Division 2 of the Public Contract Code). (Added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.)
  61. 22380.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 7. System Headquarters [22375 - 22380] ( Chapter 7 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The board must set up a building account for certain retirement-fund money and may buy insurance through the Department of General Services; insurance premiums must be paid from that 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 7. System Headquarters [22375 - 22380] ( Chapter 7 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22380. (a) The board shall establish a building account for the transfer of money appropriated for that purpose from the retirement fund for the construction or remodeling of buildings and improvements thereon, maintenance, repair, and improvement thereof. (b) The board may contract with the Department of General Services for the purchase of insurance against loss of, or damage to, the property or the loss of use or occupancy of the building, liability insurance, and other insurance that is customarily carried on state office buildings. Premiums for this insurance shall be paid from the building account. (c) The land, building, equipment, and improvements thereon, shall constitute an investment of the system and shall be carried on the books thereof in accordance with generally accepted accounting principles. (Amended by Stats. 2010, Ch. 207, Sec. 6. (AB 2260) Effective January 1, 2011.)
  62. 224.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 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 section allows the American Legion or American Legion Auxiliary to run Boys State or Girls State programs in a gender-segregated way if specified nondiscrimination 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 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. ) ## 224. (a) The sex discrimination provisions of this chapter shall not be construed to prevent the American Legion or the American Legion Auxiliary from operating programs and activities undertaken in connection with the organization or operation of any Boys State conference or Girls State conference in a gender-segregated manner provided that these conferences comply with all of the following every year that the conferences take place: (1) The conferences provide substantially similar access to government officials and facilities. (2) The conferences provide substantially similar programming except where the programming relates to the role of gender in public service specifically. (3) There are an equal number of opportunities for girls to participate in the conferences as there are for boys. (4) Any limitations on the number of pupils that can be nominated to attend the conferences from a single high school apply equally to boys and girls, unless the high school is a single-gender high school. (5) Pupils who do not identify as either male or female, or who do not identify with their assigned gender at birth, are allowed to participate in either conference. (6) The conferences comply with all other nondiscrimination provisions of state and federal law. (b) Provided that the Boys State conference and the Girls State conference meet all of the requirements of paragraphs (1) to (6), inclusive, of subdivision (a), the sex discrimination provisions of this chapter shall not be construed to prevent any secondary educational institution from engaging in programs or activities specifically for either of the following purposes: (1) The promotion of any Boys State or Girls State conference. (2) The selection of pupils to attend either of those conferences. (c) This section shall become operative on January 1, 2023. (Repealed (in Sec. 1) and added by Stats. 2021, Ch. 676, Sec. 2. (SB 363) Effective January 1, 2022. Operative January 1, 2023, by its own provisions.)
  63. 224.5.

    ## 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 ↗

    Creates a gender equity train-the-trainer grant program and directs the Superintendent of Public Instruction to award grants, set application criteria with State Board approval, and follow funding and reporting limits.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 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. ) ## 224.5. (a) There is hereby established the gender equity train-the-trainer grant program. The Superintendent of Public Instruction shall award grants from funds available for that purpose to the governing boards of school districts and county offices of education for the implementation of programs to train trainers in gender equity. (b) The Superintendent of Public Instruction shall, with the approval of the State Board of Education, develop criteria for the grant applications . The Superintendent of Public Instruction shall select as grant recipients applicants that have clearly demonstrated all of the following: (1) Grant moneys will result in the grantee providing ongoing gender training to all staff members, including certificated and classified staff, and maintaining a pool of knowledgeable gender equity trainers. (2) The applicant has considered other available federal and state funding resources for gender equity training and coordinated those resources, as appropriate with a grant under this section. (c) A grant application shall include an evaluation plan for determining the extent to which the expected benefits of the trainer program are being realized. The results of the evaluation shall be reported to the governing board of the school district or county board of education, as appropriate. (d) The Superintendent of Public Instruction shall implement this section only in fiscal years in which sufficient funds have been appropriated for this purpose. To the extent funds are available in multiple years, the Superintendent of Public Instruction shall award grants in a manner that ensures that training is available in all parts of the state. (e) No more than a total of one hundred thirty thousand dollars ($130,000) of state funds may be expended in any fiscal year for purposes of this section. (Added by Stats. 2000, Ch. 459, Sec. 2. Effective January 1, 2001.)
  64. 22400.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 8. Establishment and Control of Funds [22400 - 22404] ( Chapter 8 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    This section creates the Teachers’ Retirement Fund, says what money must go into it, and requires disbursements to be made only on duly audited claims, except that mistakenly deposited funds may be returned.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 8. Establishment and Control of Funds [22400 - 22404] ( Chapter 8 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22400. (a) There is in the State Treasury a special trust fund to be known as the Teachers’ Retirement Fund. There shall be deposited in that fund the assets of the plan and its predecessors, consisting of employee contributions, employer contributions, state contributions, appropriations made to it by the Legislature, income on investments, other interest income, income from fees and penalties, donations, legacies, bequests made to it and accepted by the board, and any other amounts provided by this part and Part 14. General Fund transfers pursuant to Section 22954 shall be placed in a segregated account known as the Supplemental Benefit Maintenance Account within the retirement fund, which is continuously appropriated without regard to fiscal years, notwithstanding Section 13340 of the Government Code, for expenditure for the purposes of Section 24415. (b) Disbursement of money from the retirement fund of whatever nature shall be made upon claims duly audited in the manner prescribed for the disbursement of other public funds except that notwithstanding the foregoing disbursements may be made to return funds deposited in the fund in error. (Amended by Stats. 1999, Ch. 939, Sec. 28. Effective January 1, 2000.)
  65. 22401.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 8. Establishment and Control of Funds [22400 - 22404] ( Chapter 8 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The Treasurer must collect investment returns and other retirement-fund money, deposit it immediately to the fund, and report it immediately to the system. Money received directly by the system must also be deposited immediately in the State Treasury to the credit of the 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 8. Establishment and Control of Funds [22400 - 22404] ( Chapter 8 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22401. Return on investments shall be collected by the Treasurer, and together with any other moneys received for the retirement fund shall be immediately deposited to the credit of that fund and reported immediately to the system. Money in whatever form received directly by the system shall be deposited immediately in the State Treasury to the credit of that fund. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.)
  66. 22402.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 8. Establishment and Control of Funds [22400 - 22404] ( Chapter 8 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    Earned interest and other income from Defined Benefit Program plan assets must be allocated to pay benefits under that 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 8. Establishment and Control of Funds [22400 - 22404] ( Chapter 8 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22402. Earned interest on plan assets with respect to the Defined Benefit Program that is not credited to member accounts under the Defined Benefit Program and the plan’s other income with respect to the Defined Benefit Program shall be allocated to provide benefits payable under the Defined Benefit Program. (Amended by Stats. 2000, Ch. 1025, Sec. 16. Effective January 1, 2001.)
  67. 22403.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 8. Establishment and Control of Funds [22400 - 22404] ( Chapter 8 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The section states that a $1,000,000 loan was transferred from the retirement fund to the Cash Balance Plan, and that the loan is to be discharged when the State Teachers’ Retirement Plan is created and established through the merger.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 8. Establishment and Control of Funds [22400 - 22404] ( Chapter 8 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22403. The Legislature hereby finds and declares that pursuant to the authorizing legislation creating and establishing the Cash Balance Plan, the board transferred one million dollars ($1,000,000) in the form of a loan from the retirement fund holding assets at that time exclusively for the State Teachers’ Retirement System Defined Benefit Plan to the newly created Cash Balance Plan. That loan represented an asset receivable to the State Teachers’ Retirement System Defined Benefit Plan and a liability obligation to the State Teachers’ Retirement System Cash Balance Plan. As a result of the merger of these two plans authorized under this part, the assets held in the retirement fund shall hereby reflect the combined assets of the State Teachers’ Retirement Plan. That loan shall be discharged by the creation and establishment of the State Teachers’ Retirement Plan pursuant to the merger. (Added by Stats. 1998, Ch. 1048, Sec. 10. Effective January 1, 1999.)
  68. 22404.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 8. Establishment and Control of Funds [22400 - 22404] ( Chapter 8 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The board may set a small dollar threshold, up to $10, for skipping processing or collection of certain payments and overpayments.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 8. Establishment and Control of Funds [22400 - 22404] ( Chapter 8 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22404. (a) Notwithstanding any other provision of this part or Part 14 (commencing with Section 26000) to the contrary, the board may establish by plan amendment a specified amount or amounts, not to exceed ten dollars ($10), below which the system may dispense with: (1) The processing of a benefit payment, an annuity payment, or any other payment, including adjustments to those payments, payable to a member, participant, or beneficiary. (2) The collection of a benefit overpayment, annuity overpayment, or any other overpayments paid to a member, participant, or beneficiary. (b) When the cumulative dollar amount associated with one or more benefit payments or overpayments, annuity payments or overpayments, or other payments or overpayments equals or exceeds the amount described in subdivision (a), that amount shall be paid to, or collected from, the member, participant, or beneficiary. That cumulative amount paid or collected shall not be credited with interest. (Amended by Stats. 2015, Ch. 123, Sec. 7. (AB 991) Effective January 1, 2016.)
  69. 22450.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 9. Member and Employer Duties [22450 - 22461] ( Chapter 9 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    Members, beneficiaries, and certain trust trustees must give the board or system the information and documents this section 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 9. Member and Employer Duties [22450 - 22461] ( Chapter 9 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22450. (a) Each member and beneficiary shall furnish to the board any information affecting his or her status as a member or beneficiary of the Defined Benefit Program as the board requires, which may include, but shall not be limited to, the following: (1) Financial statements, certified copies of state and federal income tax records, or evidence of financial status. (2) Employment, legal, or medical documentation. (b) A member who has not had any creditable service reported during the prior school year shall provide the system with his or her current mailing address and beneficiary information. (c) For a trust that is designated as an option beneficiary, as defined in Section 22149, the following documentation is required: (1) The member shall provide an acknowledged certification that includes each declaration prescribed by clause A-6 of Section 1.401(a)(9)-4 of Title 26 of the Code of Federal Regulations and a declaration that the trust meets the requirements and conditions as defined in Section 22149. The certification shall be submitted to the system at the time of election of the beneficiary and is required for the election to be valid. The certification shall be in the form of an acknowledged declaration signed by the member and by all then-acting trustees of the trust. (2) After the member’s death, the then-acting trustee or trustees of the trust shall provide an acknowledged certification that includes each of the declarations prescribed by clause A-6 of Section 1.401(a)(9)-4 of Title 26 of the Code of Federal Regulations and a declaration that the trust meets the requirements and conditions provided in Section 22149. The certification by the trustee or trustees of the trust shall be submitted to the system upon the member’s death and shall additionally certify that the trust has not been revoked, modified, or amended in any manner which would cause the representations contained in the certification to be incorrect. The certification shall contain a statement that it is being signed by all of the then-acting trustees of the trust and shall be in the form of an acknowledged declaration signed by all the then-acting trustees. (3) At any time, upon demand by the system, the member or trustee of the trust shall provide a copy of the trust instrument. (Amended by Stats. 2016, Ch. 559, Sec. 3. (AB 1875) Effective January 1, 2017.)
  70. 22451.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 9. Member and Employer Duties [22450 - 22461] ( Chapter 9 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    Members must file a statement with the board, and new members after January 1, 1983 must include disability-related information in their health résumé and provide it to the system on request.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 9. Member and Employer Duties [22450 - 22461] ( Chapter 9 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22451. (a) Each member shall file a statement with the board, at the option of, and upon the form furnished by, the system, giving the following information: (1) Date of birth. (2) All service previously performed subject to coverage by the plan or its predecessors. (b) Each person becoming a member on or after January 1, 1983, shall include in the health résumé required by the teacher preparation and licensing agency all information that shall verify any and all handicaps and disabling conditions at the time of application. Upon request by the system this information shall be made available when an application for disability benefits is received. (Amended by Stats. 1996, Ch. 634, Sec. 96. Effective January 1, 1997.)
  71. 22451.5.

    ## 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 9. Member and Employer Duties [22450 - 22461] ( Chapter 9 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    Members and certain survivors must provide proof of date of birth when requested or when applying for specified benefits; the board may accept certain documents as proof.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 9. Member and Employer Duties [22450 - 22461] ( Chapter 9 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22451.5. (a) Upon request by the system, a member shall provide proof of his or her date of birth to resolve any discrepancy between the member’s date of birth as originally documented on the records of the system and the member’s date of birth as subsequently submitted. (b) A member shall provide proof of the date of birth of a person who is, or the beneficiary of a trust that is, designated by the member as beneficiary under an option selected pursuant to Chapter 28 (commencing with Section 24300) if the beneficiary is not also a member of the plan. (c) Documentation substantiating the date of birth of a member’s dependent child shall be provided if an allowance payable under this part will include an amount for that dependent child. (d) At the time application is made for payment of a family allowance or survivor benefit allowance to a surviving spouse or dependent parent, a member’s surviving spouse or dependent parent shall provide proof of his or her date of birth. (e) At the discretion of the board, an original document, a certified copy of the original, or a photocopy shall be acceptable to establish proof of the date of birth. (Amended by Stats. 2016, Ch. 559, Sec. 4. (AB 1875) Effective January 1, 2017.)
  72. 22451.7.

    ## 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 9. Member and Employer Duties [22450 - 22461] ( Chapter 9 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The system may withhold benefit payments until it receives and accepts proof of date of birth for certain covered people.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 9. Member and Employer Duties [22450 - 22461] ( Chapter 9 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22451.7. The system may withhold benefit payments until proof of the date of birth of a member, beneficiary under an option selected pursuant to Chapter 28 (commencing with Section 24300), surviving spouse, dependent child or dependent parent has been received and accepted by the system. (Amended by Stats. 1996, Ch. 1165, Sec. 14. Effective January 1, 1997.)
  73. 22453.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 9. Member and Employer Duties [22450 - 22461] ( Chapter 9 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    A member’s spouse generally must sign certain retirement-benefit applications, elections, changes, cancellations, and refund requests, unless the member makes a written declaration under penalty of perjury meeting one of the listed conditions.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 9. Member and Employer Duties [22450 - 22461] ( Chapter 9 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22453. (a) Except as provided in Section 22454, the signature of the spouse of a member shall be required under the Defined Benefit Program on any application for, or cancellation of, an unmodified allowance; the election, change, or cancellation of an option; or any request for a refund of the member’s accumulated retirement contributions or accumulated annuity deposit contributions ; and under the Defined Benefit Supplement Program on any application for, or cancellation of, a retirement benefit, disability benefit, or termination benefit; and under either the Defined Benefit Program or the Defined Benefit Supplement Program on any other requests related to the selection of benefits by a member in which a spousal interest may be present, unless the member declares, in writing, under penalty of perjury, that one of the following conditions exists: (1) The member is not married. (2) The current spouse has no identifiable community property interest in the benefit. (3) The member and spouse have executed a marriage settlement agreement pursuant to Part 5 (commencing with Section 1500) of Division 4 of the Family Code that makes the community property law inapplicable to the marriage. (4) The spouse is incapable of executing the acknowledgment because of an incapacitating mental or physical condition. (5) The member does not know, and has taken all reasonable steps to determine, the whereabouts of the spouse. (b) This section shall not be applicable to an application for a disability allowance under the Defined Benefit Program. (c) The sole purpose of this section is to provide for spousal protection in the selection of specified benefits made by a member. (Amended by Stats. 2000, Ch. 1021, Sec. 15. Effective January 1, 2001.)
  74. 22454.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 9. Member and Employer Duties [22450 - 22461] ( Chapter 9 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    If a spouse refuses to sign an application, the member may go to court to enforce or waive the spousal signature requirement. Either party may also bring an action under Family Code Section 1101 to determine their rights.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 9. Member and Employer Duties [22450 - 22461] ( Chapter 9 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22454. If a spouse refuses to sign an application, as set forth in Section 22453, the member may bring an action in court to enforce the spousal signature requirement or to waive the spousal signature requirement. Either party may bring an action pursuant to Section 1101 of the Family Code to determine the rights of the party. (Amended by Stats. 1996, Ch. 634, Sec. 97. Effective January 1, 1997.)
  75. 22455.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 9. Member and Employer Duties [22450 - 22461] ( Chapter 9 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    County superintendents and other employing agencies must provide information the board requests, and employers must submit required reports or information in the form directed by the system, including electronic transmission.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 9. Member and Employer Duties [22450 - 22461] ( Chapter 9 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22455. (a) The county superintendent and other employing agencies shall furnish any further information concerning any member or beneficiary the board may require. (b) Any information or reports required to be submitted to the system by an employer pursuant to this part or Part 14 (commencing with Section 26000) shall be submitted in a form, including, but not limited to, electronic transmission, as directed by the system. (Amended by Stats. 2012, Ch. 864, Sec. 6. (AB 2663) Effective January 1, 2013.)
  76. 22455.5.

    ## 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 9. Member and Employer Duties [22450 - 22461] ( Chapter 9 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    Employers must provide membership criteria, notify certain employees about optional Defined Benefit Program membership on time, keep employee acknowledgments on file, and may be liable for contributions and related costs if noncompliance is found.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 9. Member and Employer Duties [22450 - 22461] ( Chapter 9 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22455.5. (a) The Legislature finds and declares that the federal Omnibus Budget Reconciliation Act of 1990 (P.L. 101-508) requires all public employers to provide their employees with either social security coverage or membership in a qualified retirement plan. (b) Employers shall make available criteria for membership, including optional membership, in a timely manner to all persons employed to perform creditable service subject to coverage by the Defined Benefit Program, and shall inform part-time and substitute employees, within 30 days of the date of hire, or by March 1, 1995, whichever is later, that they may elect membership in the plan’s Defined Benefit Program at any time while employed. Written acknowledgment by the employee shall be maintained in employer files on a form provided by this system. (c) Employers shall be liable to the plan for employee and employer contributions and interest with respect to the Defined Benefit Program from the date of hire, or March 1, 1995, whichever is later, in addition to system administrative and audit costs, if an audit or a member’s complaint reveals noncompliance. However, no employer shall be liable for employee contributions for service performed prior to January 1, 1995. (Amended by Stats. 1999, Ch. 939, Sec. 29. Effective January 1, 2000.)
  77. 22456.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 9. Member and Employer Duties [22450 - 22461] ( Chapter 9 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    When the system asks, the employer must provide a statement of member contributions, service performed, and compensation earned.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 9. Member and Employer Duties [22450 - 22461] ( Chapter 9 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22456. At any time upon the request of the system, the employer shall furnish a statement of the amount of contributions deducted from the compensation of any member, the service performed and the compensation earned by the member since the end of the period covered by the last report of the employer. The system may use the information shown in the statement in determining contributions to be paid by or to the member or to a beneficiary, or use it in determining the member’s status upon retirement, even though the member’s and employer’s contributions will not be received by the board until after the payment or determination. (Amended by Stats. 1997, Ch. 482, Sec. 6. Effective January 1, 1998.)
  78. 22457.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 9. Member and Employer Duties [22450 - 22461] ( Chapter 9 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    County superintendents and other employing agencies must promptly notify the board in writing when covered employees are hired, die, resign, or 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 9. Member and Employer Duties [22450 - 22461] ( Chapter 9 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22457. (a) Each county superintendent shall give immediate notice in writing to the board of the employment, death, resignation, or discharge of any person employed by the county or by a school district or community college district in the county to perform creditable service subject to coverage by the Defined Benefit Program. (b) Every other employing agency shall give similar notice with respect to each person it employs to perform creditable service subject to coverage by the Defined Benefit Program. (Amended by Stats. 1999, Ch. 939, Sec. 30. Effective January 1, 2000.)
  79. 22458.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 9. Member and Employer Duties [22450 - 22461] ( Chapter 9 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    Each employer must give the system annual compensation information for employees in 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 9. Member and Employer Duties [22450 - 22461] ( Chapter 9 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22458. Each employer shall provide the system with information regarding the compensation to be paid to employees subject to the Defined Benefit Program in that school year. The information shall be submitted annually as determined by the board and may include, but shall not be limited to, employment contracts, salary schedules, and local board minutes. (Amended by Stats. 1999, Ch. 939, Sec. 31. Effective January 1, 2000.)
  80. 22458.5.

    ## 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 9. Member and Employer Duties [22450 - 22461] ( Chapter 9 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    When the system asks, each employer must provide information about charter school certification qualifications, minimum standards, or approved charter provisions tied to creditable service positions.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 9. Member and Employer Duties [22450 - 22461] ( Chapter 9 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22458.5. Upon request from the system, each employer shall provide the system with information regarding the certification qualifications, minimum standards, or provisions of an approved charter for the operation of a charter school required to perform creditable service pursuant to subdivision (a) of Section 22119.5, in a position. (Added by Stats. 2015, Ch. 782, Sec. 8. (AB 963) Effective January 1, 2016.)
  81. 22459.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 9. Member and Employer Duties [22450 - 22461] ( Chapter 9 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The county superintendent or employing agency must withhold a member’s salary if the member fails to file required information or pay amounts due, and must keep withholding until the board or the agency knows the information was filed or the payment was made.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 9. Member and Employer Duties [22450 - 22461] ( Chapter 9 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22459. (a) The county superintendent or other employing agency shall withhold the salary of any member who fails to file information required by the board in the administration of the Defined Benefit Program, or to pay amounts due from the members to the fund with respect to the Defined Benefit Program. (b) The salary shall be withheld by the county superintendent or employing agency upon his or her own knowledge, if any, of the failure or upon notice from the board of the failure of the member to file or pay. (c) The salary shall be withheld and not released until notice is given by the board to the county superintendent or employing agency, or until the county superintendent or agency knows otherwise, that the information has been filed or the payment has been made. (Amended by Stats. 1999, Ch. 939, Sec. 32. Effective January 1, 2000.)
  82. 22460.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 9. Member and Employer Duties [22450 - 22461] ( Chapter 9 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    When a member leaves employment with less than five years of credited service, the employer must notify the member of specified retirement-related information.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 9. Member and Employer Duties [22450 - 22461] ( Chapter 9 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22460. (a) If a member terminates employment with less than five years of credited service, the employer shall notify the member of the following: (1) That unless the member is eligible, or becomes eligible in the future, for concurrent retirement pursuant to paragraph (2) of subdivision (a) of Section 24201, the member is eligible only for a refund of accumulated retirement contributions under the Defined Benefit Program and the return of the member’s accumulated Defined Benefit Supplement account balance. (2) The current rate of interest that shall be earned on accumulated retirement contributions that are not refunded and the current minimum interest rate that shall be applied to the member’s Defined Benefit Supplement account. (3) Actions that may be taken by the board if accumulated retirement contributions are not refunded under the Defined Benefit Program and the member’s Defined Benefit Supplement account balance is not returned. (b) Employers shall transmit to a member who terminates employment with less than five years of credited service the information specified in subdivision (a) as part of the usual separation documents. (Repealed and added by Stats. 2000, Ch. 1021, Sec. 17. Effective January 1, 2001.)
  83. 22461.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 9. Member and Employer Duties [22450 - 22461] ( Chapter 9 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    When a listed employer hires a retired member under specified sections, it must warn the retiree about earnings limits and keep accurate earnings records, reporting those earnings to the system and the retired member every 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 9. Member and Employer Duties [22450 - 22461] ( Chapter 9 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22461. (a) Upon retaining the services of a retired member under Section 24114, 24116, 24214, 24214.5, or 24215, the school district, community college district, county superintendent of schools, California State University, or other employing agency shall do both of the following regardless of whether the retired member performs the services as an employee of the employer, an employee of a third party, or an independent contractor: (1) Advise the retired member of the earnings limitation or employment restriction set forth in Sections 22714, 24114, 24116, 24214, 24214.5, and 24215. (2) Maintain accurate records of the retired member’s earnings and report those earnings monthly to the system and the retired member regardless of the method of payment or the fund from which the payments were made. (b) This section shall not be construed to make any school district, community college district, county superintendent of schools, the California State University, or other employing agency liable for any amount paid to the retired member in excess of the earnings limitation under any circumstance, including the failure to inform the retired member that continuation of service would exceed the limitations. (Amended by Stats. 2013, Ch. 558, Sec. 7. (AB 1379) Effective January 1, 2014.)
  84. 225.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 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 ↗
    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 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. ) ## 225. This article shall not preclude father-son or mother-daughter activities at an educational institution, provided that if such activities are offered for students of one sex, opportunities for reasonably comparable activities are offered for students of the other sex. (Added by Stats. 1982, Ch. 1117, Sec. 1.)
  85. 22500.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 10. Membership [22500 - 22516] ( Chapter 10 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    People who were members of the California State Teachers’ Retirement System on June 30, 1996 are members of 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 10. Membership [22500 - 22516] ( Chapter 10 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22500. All persons who were members of the California State Teachers’ Retirement System on June 30, 1996, are members of the Defined Benefit Program under the plan, in accordance with Section 401(a) of the Internal Revenue Code of 1986, as amended. (Amended by Stats. 2000, Ch. 1025, Sec. 17. Effective January 1, 2001.)
  86. 22501.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 10. Membership [22500 - 22516] ( Chapter 10 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    A full-time employee of a school district or county office of education who is not already in the Defined Benefit Program must become a member on the first day of employment, unless Section 22601 excludes the person.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 10. Membership [22500 - 22516] ( Chapter 10 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22501. (a) Any person who is not already a member of the Defined Benefit Program and who is employed by a school district or county office of education to perform creditable service on a full-time basis shall become a member as of the first day of employment, unless excluded from membership pursuant to Section 22601. (b) Creditable service in more than one position shall not be aggregated for the purpose of determining mandatory membership under this section. (c) This section shall be deemed to have become operative on July 1, 1996. (Amended by Stats. 2020, Ch. 275, Sec. 7. (AB 2101) Effective January 1, 2021.)
  87. 22502.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 10. Membership [22500 - 22516] ( Chapter 10 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    Some part-time education employees must join the retirement system when they start work, unless a listed exclusion applies.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 10. Membership [22500 - 22516] ( Chapter 10 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22502. (a) (1) Any person who is not already a member of the Defined Benefit Program and who is employed by a school district or county office of education to perform creditable service on a part-time basis for 50 percent or more of the time the employer requires for the full-time position shall become a member as of the first day of employment, unless excluded from membership pursuant to Section 22601. (2) Creditable service in more than one position shall not be aggregated for the purpose of determining mandatory membership under this subdivision. (b) Any person who is not already a member of the Defined Benefit Program and who is employed by a community college district to perform creditable service shall become a member as of the first day of employment, unless excluded from membership pursuant to Section 22601 or subdivision (b) of Section 22601.5. (Amended by Stats. 2019, Ch. 318, Sec. 2. (AB 1452) Effective January 1, 2020.)
  88. 22503.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 10. Membership [22500 - 22516] ( Chapter 10 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    Some substitute employees in school districts or county offices of education must join the Defined Benefit Program after their 100th complete day of creditable service in a school year, unless an exception applies.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 10. Membership [22500 - 22516] ( Chapter 10 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22503. (a) Any person who is not already a member of the Defined Benefit Program and who is employed by a school district or county office of education to perform creditable service on a substitute basis shall become a member as of the first day of the pay period following the pay period in which the person performs the person’s 100th complete day of creditable service during a school year for one school district or county office of education, unless excluded from membership pursuant to Section 22601. (b) This section does not apply to creditable service performed for an employer that provides the Cash Balance Benefit Program under Part 14 (commencing with Section 26000). (c) This section is deemed to have become operative on July 1, 1996. (Amended by Stats. 2019, Ch. 318, Sec. 3. (AB 1452) Effective January 1, 2020.)
  89. 22504.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 10. Membership [22500 - 22516] ( Chapter 10 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    Some part-time employees of school districts or county offices of education must become members of the Defined Benefit Program after reaching a service threshold, unless a stated exclusion applies.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 10. Membership [22500 - 22516] ( Chapter 10 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22504. (a) Any person who is not already a member of the Defined Benefit Program and who is employed by a school district or county office of education to perform creditable service on a part-time hourly basis shall become a member as of the first day of the pay period following the pay period in which the person performs 60 or more hours of creditable service for one school district or county office of education, unless excluded from membership pursuant to Section 22601. (b) Any person who is not already a member of the Defined Benefit Program and who is employed by a school district or county office of education to perform creditable service on a part-time daily basis shall become a member as of the first day of the pay period following the pay period in which the person performs 10 or more days of creditable service for one school district or county office of education, unless excluded from membership pursuant to Section 22601. (c) This section does not apply to creditable service performed for an employer that provides the Cash Balance Benefit Program under Part 14 (commencing with Section 26000). (Amended by Stats. 2019, Ch. 318, Sec. 4. (AB 1452) Effective January 1, 2020.)
  90. 22508.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 10. Membership [22500 - 22516] ( Chapter 10 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    Certain members may elect to move qualifying service into this plan’s Defined Benefit Program instead of the other retirement system; any election made under this section is irrevocable.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 10. Membership [22500 - 22516] ( Chapter 10 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22508. (a) A member who becomes employed by the same or a different school district or community college district, or a county superintendent, or who becomes employed by the state in a position described in subdivision (b), to perform service that requires membership in a different public retirement system, and who is not excluded from membership in that public retirement system, may elect to have that service subject to coverage by the Defined Benefit Program of this plan and excluded from coverage by the other public retirement system. If that election is made, the service performed for the employer in that position as of the date of hire shall be considered creditable service for purposes of this part. (b) Subdivision (a) shall apply to a member who becomes employed by the state only if the member is also one of the following: (1) Represented by a state bargaining unit that represents educational consultants, professional educators, or librarians employed by the state. (2) Excluded from the definition of “state employee” in subdivision (c) of Section 3513 of the Government Code, but performing, supervising, or managing work similar to work performed by employees described in paragraph (1). (3) In a position not covered by civil service and in the executive branch of government, but performing, supervising, or managing work similar to work performed by employees described in paragraph (1). (c) A member of the Public Employees’ Retirement System who is subsequently employed to perform creditable service requiring coverage by the Defined Benefit Program of this plan may elect to have that subsequent service subject to coverage by the Public Employees’ Retirement System and excluded from coverage by the Defined Benefit Program pursuant to Section 20309 of the Government Code. (d) An election made by a member pursuant to this section shall be irrevocable. (Amended by Stats. 2018, Ch. 416, Sec. 8. (SB 1165) Effective January 1, 2019.)
  91. 22508.5.

    ## 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 10. Membership [22500 - 22516] ( Chapter 10 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    Certain eligible retirement-system members may choose which retirement coverage applies when they move between a community college district and the Board of Governors of the California Community Colleges.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 10. Membership [22500 - 22516] ( Chapter 10 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22508.5. (a) Any person who is a member of the Defined Benefit Program of the State Teachers’ Retirement Plan employed by a community college district who subsequently is employed by the Board of Governors of the California Community Colleges to perform duties that are subject to membership in a different public retirement system may elect to have that service subject to coverage by the Defined Benefit Program of this plan and excluded from coverage by the other public retirement system. Only a person who has achieved plan vesting is eligible to elect to continue as a member of the program. (b) A member of the Public Employees’ Retirement System who is employed by the Board of Governors of the California Community Colleges who subsequently is employed by a community college district to perform creditable service subject to coverage under the Defined Benefit Program, may elect to have that service subject to coverage by the Public Employees’ Retirement System and excluded from coverage under the Defined Benefit Program pursuant to Section 20309 of the Government Code. (c) This section shall apply to changes in employment effective on or after January 1, 1998. (Amended by Stats. 2016, Ch. 218, Sec. 12. (SB 1352) Effective January 1, 2017.)
  92. 22508.6.

    ## 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 10. Membership [22500 - 22516] ( Chapter 10 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    Certain eligible members may elect to have their state service covered by the Defined Benefit Program instead of the Public Employees’ Retirement System, and the election must be made in writing within the stated deadline.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 10. Membership [22500 - 22516] ( Chapter 10 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22508.6. (a) Any person who is a member of the Defined Benefit Program and who subsequently became employed and continues to be employed by the state to perform service that requires membership in the Public Employees’ Retirement System and who meets the requirements of subdivision (b) may elect to have that state service subject to coverage by the Defined Benefit Program and excluded from coverage by the Public Employees’ Retirement System. (b) (1) Only a person who has achieved program vesting shall be eligible to make the election under this section. (2) A person is eligible to make the election if he or she left employment with a school district, county superintendent of schools, or community college district and began employment with the state within 30 days without any intervening employment and that change in employment occurred on or after July 1, 1991, and prior to the effective date of this section. (3) A person is eligible to make the election if, at the time of the election, he or she is a member of the Public Employees’ Retirement System subject to Second Tier benefits and is one of the following: (A) Represented by a State Bargaining Unit that has agreed by a memorandum of understanding to become subject to Section 20309.5 of the Government Code. (B) Excluded from the definition of “state employee” in subdivision (c) of Section 3513 of the Government Code, but performing, supervising, or managing work similar to work performed by employees described in subparagraph (A). (C) In a position not covered by civil service and in the executive branch of government, but performing, supervising, or managing work similar to work performed by employees described in subparagraph (A). (c) The election under this section shall be made in writing to each system within 90 days after the effective date of this section or within 60 days after the eligible member is notified by the system of his or her right to make the election, whichever is later. The member’s election shall be effective on the day following the date on which the election is received by the Public Employees’ Retirement System. (d) If the election is made, the state service performed from and after the date of the election shall be considered creditable service for purposes of this part and the provisions of Section 22801.5 shall be applicable with respect to service performed prior to that date. (Added by Stats. 2000, Ch. 402, Sec. 2. Effective September 11, 2000.)
  93. 22508.7.

    ## 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 10. Membership [22500 - 22516] ( Chapter 10 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    Certain eligible members or persons may elect to move specified service between retirement systems, but the election must be filed in writing by June 30, 2016 and is irrevocable.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 10. Membership [22500 - 22516] ( Chapter 10 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22508.7. (a) This section shall apply to service deemed creditable service pursuant to subdivision (a) of Section 22119.6 and a person who performs that service. (b) (1) A member, including a member who retires on or before December 31, 2015, may elect to have all of that service subject to coverage by a different public retirement system and excluded from coverage by the Defined Benefit Program, if the member is not excluded from coverage by that public retirement system. (2) If an election is made pursuant to this subdivision, all of the following shall apply: (A) All service that was subject to coverage by the Defined Benefit Program shall be subject to coverage by the other public retirement system, if the member is not excluded from coverage by that public retirement system. (B) Any member contributions and credited interest, as determined by the system, and employer contributions, less any amounts previously paid to the person, shall be returned to the employer for that service, with the system recovering from the person any amounts that were paid to the person and not recovered from withheld member contributions, credited interest, or employer contributions. (C) Any amounts not recovered pursuant to subparagraph (B) shall be paid in full by the member before his or her service can be subject to coverage by the other public retirement system. (3) If an election is made pursuant to this subdivision, the following shall apply: (A) A member not subject to the California Public Employees’ Pension Reform Act of 2013 in the Defined Benefit Program shall not be subject to that act in the other public retirement system. (B) A member subject to the California Public Employees’ Pension Reform Act of 2013 in the Defined Benefit Program shall be subject to that act in the other public retirement system. (4) If an election is not made pursuant to this subdivision, all service performed shall continue to be subject to coverage by the Defined Benefit Program until the member becomes employed pursuant to subdivision (b) of Section 22119.6. (c) (1) A person who had service removed from the system and reported to a different public retirement system, as directed by the system, including a person who is receiving a benefit on or before December 31, 2015, may elect to have all of that service and subsequent service in the same position subject to coverage by the Defined Benefit Program and excluded from coverage by the other public retirement system. (2) If an election is made pursuant to this subdivision, all of the following shall apply: (A) All of that service and subsequent service in the same position that was subject to coverage by the other public retirement system shall be subject to coverage by the Defined Benefit Program and reported to the system pursuant to Chapter 17 (commencing with Section 23000). (B) Any employee and employer contributions for that service and subsequent service in the same position shall be remitted to the system pursuant to Chapter 17 (commencing with Section 23000). (3) If an election is made pursuant to this subdivision, the following shall apply: (A) A person not subject to the California Public Employees’ Pension Reform Act of 2013 in the other public retirement system shall not be subject to that act in the Defined Benefit Program. (B) A person subject to the California Public Employees’ Pension Reform Act of 2013 in the other public retirement system shall be subject to that act in the Defined Benefit Program. (4) If an election is not made pursuant to this subdivision, all service performed will continue to be subject to coverage by the other public retirement system. (d) The election shall be made in writing and filed with the office of the system on a form prescribed by the system on or before June 30, 2016, and a copy of the election shall be filed with the other public retirement system. (e) Only a person who has performed service creditable under subdivision (a) of Section 22119.6 can make an election under this section. (f) An election made pursuant to this section shall be irrevocable. (g) The board shall be under no obligation to identify, locate, or notify a person who has performed service creditable pursuant to subdivision (a) of Section 22119.6 and is eligible to make an election pursuant to this section. (Added by Stats. 2015, Ch. 782, Sec. 9. (AB 963) Effective January 1, 2016.)
  94. 22509.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 10. Membership [22500 - 22516] ( Chapter 10 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The employer must tell eligible employees about their election right within 10 working days of hire and provide retirement-system information. Election paperwork must be in writing and handled within the stated 60-day deadlines.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 10. Membership [22500 - 22516] ( Chapter 10 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22509. (a) Within 10 working days of the date of hire of an employee who has the right to make an election pursuant to Section 22508 or 22508.5, the employer shall inform the employee of the right to make an election and shall make available to the employee written information provided by each retirement system concerning the benefits provided under that retirement system to assist the employee in making an election. (b) Any election made pursuant to subdivision (a) of Section 22508 or subdivision (a) of Section 22508.5 shall be made in writing on a properly executed form prescribed by the system within 60 calendar days from the date of hire in the position requiring membership in the other public retirement system and shall be received at the system’s headquarters office within 60 calendar days after the date of the employee’s signature. The employer shall retain a copy of the employee’s signed election form and submit the original signed election form to the system’s headquarters office. (c) Any election made pursuant to subdivision (c) of Section 22508 or subdivision (b) of Section 22508.5 shall be filed with the office of the Public Employees’ Retirement System. (d) Any election made pursuant to Section 22508 or Section 22508.5 shall become effective as of the first day of employment in the position that qualified the employee to make an election. (Amended by Stats. 2020, Ch. 275, Sec. 8. (AB 2101) Effective January 1, 2021.)
  95. 22515.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 10. Membership [22500 - 22516] ( Chapter 10 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    Certain excluded persons may elect membership in the Defined Benefit Program while employed, but the election must be written, on the prescribed form, and received by the system within 60 calendar days after the employee signs it and before contributions are submitted.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 10. Membership [22500 - 22516] ( Chapter 10 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22515. (a) Persons excluded from membership pursuant to Sections 22601.5, 22602, and 22604 may elect membership in the Defined Benefit Program at any time while employed to perform creditable service subject to coverage under that program. (b) The election shall be in writing on a properly executed form prescribed by this system and shall be received at the system’s headquarters office within 60 calendar days after the date of the employee’s signature and prior to submission of contributions. Membership in the Defined Benefit Program shall become effective no earlier than the first day of the pay period in which the election is made. The election is irrevocable and shall remain in effect until the member terminates employment and receives a refund of accumulated retirement contributions. (c) The amendments to this section enacted during the 1995–96 Regular Session shall be deemed to have become operative on July 1, 1996. (Amended by Stats. 2018, Ch. 416, Sec. 10. (SB 1165) Effective January 1, 2019.)
  96. 22516.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 10. Membership [22500 - 22516] ( Chapter 10 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    Some employees cannot be excluded from Defined Benefit Program membership just because they choose membership in another retirement system or do not require mandatory membership.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 10. Membership [22500 - 22516] ( Chapter 10 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22516. (a) Nothing in this chapter shall be construed or applied to exclude from membership in the Defined Benefit Program any person employed to perform creditable service at a level that requires mandatory membership in the program for which he or she has the right to elect membership in the program or another retirement system and who elects membership in the other retirement system, or who is employed to perform creditable service at a level that does not require mandatory membership in the Defined Benefit Program. (b) Service performed after becoming a member of another retirement system shall not be credited to the member under this part, nor shall contributions or benefits under this part be based upon that service or the compensation received by the member during that period of service, except as provided in the definition of “final compensation” contained in Section 22134 or 22134.5. (Amended by Stats. 2014, Ch. 755, Sec. 15. (SB 1220) Effective January 1, 2015.)
  97. 22601.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 11. Exclusions from Membership [22601 - 22604] ( Chapter 11 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    Exchange teachers or sojourn teachers from outside California are excluded from membership in 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 11. Exclusions from Membership [22601 - 22604] ( Chapter 11 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22601. Persons serving as exchange teachers or sojourn teachers from outside of this state are excluded from membership in the plan. (Amended by Stats. 1996, Ch. 634, Sec. 114. Effective January 1, 1997.)
  98. 22601.5.

    ## 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 11. Exclusions from Membership [22601 - 22604] ( Chapter 11 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    Some non-members are excluded from mandatory membership in the Defined Benefit Program when they work part-time for a school district or county office of education, or temporarily for a community college district.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 11. Exclusions from Membership [22601 - 22604] ( Chapter 11 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22601.5. (a) Any person who is not already a member of the Defined Benefit Program and who is employed by a school district or county office of education to perform creditable service on a part-time basis for less than 50 percent of the time the employer requires for the full-time position is excluded from mandatory membership in the Defined Benefit Program. (b) Any person who is not already a member of the Defined Benefit Program and who is employed by a community college district to perform creditable service on a temporary basis pursuant to Section 87474, 87478, 87480, 87481, 87482, or 87482.5 is excluded from mandatory membership in the Defined Benefit Program. (c) Creditable service performed by a person who is excluded from mandatory membership in the Defined Benefit Program pursuant to this section shall be subject to coverage by the Cash Balance Benefit Program pursuant to Section 26400 if the employer provides the Cash Balance Benefit Program under Part 14 (commencing with Section 26000). (Amended by Stats. 2019, Ch. 318, Sec. 5. (AB 1452) Effective January 1, 2020.)
  99. 22602.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 11. Exclusions from Membership [22601 - 22604] ( Chapter 11 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    Some substitute employees in school districts or county offices of education are excluded from mandatory membership in the Defined Benefit Program, depending on days worked and whether the employer offers the Cash Balance 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 11. Exclusions from Membership [22601 - 22604] ( Chapter 11 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22602. (a) Any person who is not already a member of the Defined Benefit Program and who is employed by a school district or county office of education to perform creditable service on a substitute basis and performs less than 100 complete days of creditable service during a school year for one school district or county office of education is excluded from mandatory membership in the Defined Benefit Program. This subdivision shall only apply to persons who are employed to perform creditable service by an employer that does not provide the Cash Balance Benefit Program under Part 14 (commencing with Section 26000). (b) Any person who is not already a member of the Defined Benefit Program and who is employed by a school district or county office of education to perform creditable service on a substitute basis is excluded from mandatory membership in the Defined Benefit Program, and creditable service performed shall be subject to coverage by the Cash Balance Benefit Program pursuant to Section 26400 if employed by an employer that provides the Cash Balance Benefit Program under Part 14 (commencing with Section 26000). (c) The amendments to this section enacted during the 1995–96 Regular Session shall be deemed to have become operative on July 1, 1996. (Amended by Stats. 2019, Ch. 318, Sec. 6. (AB 1452) Effective January 1, 2020.)
  100. 22604.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 11. Exclusions from Membership [22601 - 22604] ( Chapter 11 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    Certain part-time school district or county office education employees are excluded from mandatory membership in the Defined Benefit Program if they stay below the stated hourly or daily service limits.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 11. Exclusions from Membership [22601 - 22604] ( Chapter 11 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22604. (a) Any person who is not already a member of the Defined Benefit Program and who is employed by a school district or county office of education to perform creditable service on a part-time hourly basis and who performs less than 60 hours of creditable service in a pay period for one school district or county office of education is excluded from mandatory membership in the Defined Benefit Program. This subdivision shall only apply to persons who are employed to perform creditable service by an employer that does not provide the Cash Balance Benefit Program under Part 14 (commencing with Section 26000). (b) Any person who is not already a member of the Defined Benefit Program and who is employed by a school district or county office of education to perform creditable service on a part-time daily basis and who performs less than 10 days of creditable service in a pay period for one school district or county office of education is excluded from mandatory membership in the Defined Benefit Program. This subdivision shall only apply to persons who are employed to perform creditable service by an employer that does not provide the Cash Balance Benefit Program under Part 14 (commencing with Section 26000). (c) Any person who is not already a member of the Defined Benefit Program and who is employed by a school district or county office of education to perform creditable service on a part-time hourly or part-time daily basis is excluded from mandatory membership in the Defined Benefit Program, and any creditable service performed shall be subject to coverage by the Cash Balance Benefit Program pursuant to Section 26400 if employed by an employer that provides the Cash Balance Benefit Program under Part 14 (commencing with Section 26000). (Amended by Stats. 2019, Ch. 318, Sec. 7. (AB 1452) Effective January 1, 2020.)
  101. 22650.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 12. Community Property [22650 - 22666] ( Chapter 12 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    A court has power in dissolution or legal separation cases to address community property rights in certain plan accounts, and the chapter defines rights for nonmember spouses and nonmember registered domestic partners.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 12. Community Property [22650 - 22666] ( Chapter 12 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22650. (a) This chapter establishes the power of a court in a dissolution of marriage or legal separation action with respect to community property rights in accounts with the plan under this part and establishes and defines the rights of nonmember spouses and nonmember registered domestic partners in the plan under this part. (b) For purposes of this chapter, the termination, dissolution, or nullity of a registered domestic partnership, or the legal separation of partners in a registered domestic partnership, as provided in Section 299 of the Family Code, shall be treated in the same manner as a dissolution of marriage or legal separation of a member and his or her spouse. (Amended by Stats. 2005, Ch. 418, Sec. 4. Effective January 1, 2006.)
  102. 22651.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 12. Community Property [22650 - 22666] ( Chapter 12 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    This section defines “nonmember spouse” and says certain registered domestic partners are treated the same way. It also says a nonmember spouse is not treated as a member just because they receive certain retirement-related awards after legal separation or divorce.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 12. Community Property [22650 - 22666] ( Chapter 12 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22651. (a) For purposes of this chapter and Section 23300, “nonmember spouse” means a member’s spouse or former spouse, and also includes a member’s registered domestic partner or former registered domestic partner, who is being or has been awarded a community property interest in the service credit, accumulated retirement contributions, accumulated Defined Benefit Supplement account balance, or benefits of the member under this part. (b) For purposes of this chapter and Section 23300, a member’s registered domestic partner or former registered domestic partner who is being or has been awarded a community property interest in the service credit, accumulated retirement contributions, accumulated Defined Benefit Supplement account balance, or benefits of the member under this part shall be treated in the same manner as a nonmember spouse. (c) A nonmember spouse shall not be considered a member based upon his or her receipt of any of the following being awarded to the nonmember spouse as a result of legal separation or dissolution of marriage: (1) A separate account of service credit and accumulated retirement contributions, a retirement allowance, or an interest in the member’s retirement allowance under the Defined Benefit Program. (2) A separate account based on the member’s Defined Benefit Supplement account balance, a retirement benefit, or an interest in the member’s retirement benefit under the Defined Benefit Supplement Program. (Amended by Stats. 2005, Ch. 418, Sec. 5. Effective January 1, 2006.)
  103. 22652.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 12. Community Property [22650 - 22666] ( Chapter 12 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    If a member’s marriage is legally separated or dissolved, the court must record the separation date, and it may divide certain retirement interests into separate 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 12. Community Property [22650 - 22666] ( Chapter 12 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22652. (a) Upon the legal separation or dissolution of marriage of a member, other than a retired member, the court shall include in the judgment or a court order the date on which the parties separated. (b) The court may order in the judgment or court order that the member’s accumulated retirement contributions and service credit under the Defined Benefit Program, or the member’s Defined Benefit Supplement account balance, or both, under this part that are attributable to periods of service during the marriage be divided into two separate and distinct accounts in the name of the member and the nonmember spouse, respectively. Any service credit and accumulated retirement contributions under the Defined Benefit Program and any accumulated Defined Benefit Supplement account balance under this part that are not explicitly awarded by the judgment or court order shall be deemed the exclusive property of the member under the Defined Benefit Program or the Defined Benefit Supplement Program, as applicable. (c) The determination of the court of community property rights pursuant to this section shall be consistent with this chapter and shall address the rights of the nonmember spouse under this part, including, but not limited to, the following: (1) The right to a retirement allowance under the Defined Benefit Program and, if applicable, a retirement benefit under the Defined Benefit Supplement Program. (2) The right to a refund of accumulated retirement contributions under the Defined Benefit Program and the return of the accumulated Defined Benefit Supplement account balance that were awarded to the nonmember spouse. (3) The right to redeposit all or a portion of accumulated retirement contributions previously refunded to the member which the member is eligible to redeposit pursuant to Sections 23200 to 23203, inclusive, and shall specify the shares of the redeposit amount awarded to the member and the nonmember spouse. (4) The right to purchase additional service credit that the member is eligible to purchase pursuant to Sections 22800 to 22810, inclusive, and shall specify the shares of the additional service credit awarded to the member and the nonmember spouse. (Amended by Stats. 2000, Ch. 1021, Sec. 19.5. Effective January 1, 2001.)
  104. 22653.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 12. Community Property [22650 - 22666] ( Chapter 12 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    A nonmember spouse awarded a separate account has rights only to benefits explicitly created by this chapter, and this section does not limit other rights tied to the spouse’s own creditable service employment.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 12. Community Property [22650 - 22666] ( Chapter 12 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22653. (a) The nonmember spouse who is awarded a separate account under this part pursuant to Section 22652 is not a member of the Defined Benefit Program based on that award. The nonmember spouse is entitled only to rights and benefits based on that award explicitly established by this chapter. (b) This section shall not be construed to limit any right arising from the account of a nonmember spouse under this part that exists because the nonmember spouse is or was employed to perform creditable service subject to coverage by the Defined Benefit Program. (Amended by Stats. 1998, Ch. 965, Sec. 62. Effective January 1, 1999.)
  105. 22655.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 12. Community Property [22650 - 22666] ( Chapter 12 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    This section lets a court divide a retired member’s retirement allowance or retirement benefit as community property after legal separation or divorce, and requires the system to pay the nonmember spouse’s share in specified situations.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 12. Community Property [22650 - 22666] ( Chapter 12 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22655. (a) Upon the legal separation or dissolution of marriage of a retired member, the court may include in the judgment or court order a determination of the community property rights of the parties in the retired member’s retirement allowance and, if applicable, retirement benefit under this part consistent with this section. Upon election under subparagraph (B) of paragraph (3) of subdivision (a) of Section 2610 of the Family Code, the court order awarding the nonmember spouse a community property share in the retirement allowance or retirement benefit, or both, of a retired member shall be consistent with this section. (b) If the court does not award the entire retirement allowance or retirement benefit under this part to the retired member and the retired member is receiving a retirement allowance that has not been modified pursuant to Section 24300 or 24300.1, a single life annuity pursuant to Section 25011 or 25018, or a member only annuity described in paragraph (1) of subdivision (a) of Sections 25011.1 and 25018.1, the court shall require only that the system pay the nonmember spouse, by separate warrant, his or her community property share of the retired member’s retirement allowance or retirement benefit, or both, under this part. (c) If the court does not award the entire retirement allowance or retirement benefit under this part to the retired member and the retired member is receiving an allowance that has been actuarially modified pursuant to Section 24300 or 24300.1, or a joint and survivor annuity pursuant to Section 25011, 25011.1, 25018, or 25018.1, the court shall order only one of the following: (1) The retired member shall maintain the retirement allowance or joint and survivor annuity, or both, under this part without change. (2) The retired member shall cancel the option that modified the retirement allowance under this part pursuant to Section 24322 and elect a new joint and survivor option or designate a new beneficiary or both, and the system shall pay the nonmember spouse, by separate warrant, his or her community property share of the retirement allowance payable to the retired member, the option beneficiary, or both. (3) The retired member shall cancel the joint and survivor annuity under which the retirement benefit is being paid pursuant to Section 24324, and elect a new joint and survivor annuity or designate a new annuity beneficiary or both, based on the actuarial equivalent of the member’s canceled annuity, and the system shall pay the nonmember spouse, by separate warrant, his or her community property share of the retirement benefit payable to the retired member, the annuity beneficiary, or both. (4) The retired member shall take the action specified in both paragraphs (2) and (3). (5) The retired member shall cancel the option that modified the retirement allowance under this part pursuant to Section 24322 and elect an unmodified retirement allowance and the system shall pay the nonmember spouse, by separate warrant, his or her community property share of the retired member’s retirement allowance under this part. (6) The retired member shall cancel, pursuant to Section 24324, the joint and survivor annuity under which the retirement benefit is being paid, and elect a single life annuity, and the system shall pay the nonmember spouse, by separate warrant, his or her community property share of the retirement benefit payable to the retired member. (7) The retired member shall take the action specified in both paragraphs (5) and (6). (d) If the option beneficiary or annuity beneficiary or both under this part, other than the nonmember spouse, predeceases the retired member, the court shall order the retired member to designate a new option beneficiary pursuant to Section 24323, or a new annuity beneficiary pursuant to Section 24324 and shall order the system to pay the nonmember spouse, by separate warrant, his or her share of the community property interest in the retirement allowance or retirement benefit payable to the retired member or the new option beneficiary or annuity beneficiary or each of them. (e) The right of the nonmember spouse to receive his or her community property share of the retired member’s retirement allowance or retirement benefit or both under this section shall terminate upon the death of the nonmember spouse. However, the nonmember spouse may designate a beneficiary under the Defined Benefit Program and a payee under the Defined Benefit Supplement Program to receive his or her community property share of the retired member’s accumulated retirement contributions and accumulated Defined Benefit Supplement account balance under this part in the event that there are remaining accumulated retirement contributions and a balance of credits in the member’s Defined Benefit Supplement account to be paid upon the death of the nonmember spouse. (Amended by Stats. 2014, Ch. 755, Sec. 16. (SB 1220) Effective January 1, 2015.)
  106. 22656.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 12. Community Property [22650 - 22666] ( Chapter 12 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    A court judgment or order under this chapter does not bind the system for the Defined Benefit Program or the Defined Benefit Supplement Program until the system is joined in the action and served with a certified copy.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 12. Community Property [22650 - 22666] ( Chapter 12 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22656. No judgment or court order issued pursuant to this chapter is binding on the system with respect to the Defined Benefit Program or the Defined Benefit Supplement Program until the system has been joined as a party to the action and has been served with a certified copy of the judgment or court order. (Amended by Stats. 2000, Ch. 1021, Sec. 21. Effective January 1, 2001.)
  107. 22657.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 12. Community Property [22650 - 22666] ( Chapter 12 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    For this part, a nonmember spouse is treated as if they were a member for the listed sections, but this section does not create any right unless it is explicitly set out in the specified community property 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 12. Community Property [22650 - 22666] ( Chapter 12 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22657. (a) The following provisions shall apply to a nonmember spouse as if he or she were a member under this part: Sections 22107, 22306, 22906, and 23802, subdivisions (a) and (b) of Section 24600, and Sections 24601, 24602, 24603, 24605, 24606, 24607, 24608, 24611, 24612, 24613, 24616, 24617, 25009, 25010, 25011, 25011.1, 25013, 25020, 25021, and 25022. (b) Notwithstanding subdivision (a), this section shall not be construed to establish any right for the nonmember spouse under this part that is not explicitly established in Sections 22650 to 22655, inclusive, and Sections 22658 to 22665, inclusive. (Amended by Stats. 2006, Ch. 655, Sec. 10. Effective January 1, 2007.)
  108. 22658.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 12. Community Property [22650 - 22666] ( Chapter 12 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    A separate account awarded to a nonmember spouse must be kept independent, and certain retirement-related balances from that account must not be combined with other accounts or balances.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 12. Community Property [22650 - 22666] ( Chapter 12 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22658. (a) A separate account awarded to a nonmember spouse pursuant to Section 22652 shall be administered independently of the member’s account. (b) An accumulated Defined Benefit Supplement account balance, accumulated retirement contributions, service credit, and final compensation attributable to a separate account of a nonmember spouse under this part shall not be combined in any way or for any purpose with the accumulated Defined Benefit Supplement account balance, accumulated retirement contributions, service credit, and final compensation of any other separate account of the nonmember spouse. (c) An accumulated Defined Benefit Supplement account balance, accumulated retirement contributions, service credit, and final compensation attributable to the separate account of a nonmember spouse shall not be combined in any way or for any purpose with the accumulated Defined Benefit Supplement account balance, accumulated retirement contributions, service credit, and final compensation of an account that exists under this part because the nonmember spouse is employed or has been employed to perform creditable service subject to coverage under the Defined Benefit Program or the Defined Benefit Supplement Program. (Amended by Stats. 2000, Ch. 74, Sec. 37. Effective January 1, 2001.)
  109. 22659.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 12. Community Property [22650 - 22666] ( Chapter 12 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    A nonmember spouse who is awarded a separate account or an interest in a retired member’s retirement benefits must provide the system with proof of date of birth, social security number, and any other requested information, in the requested form and manner.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 12. Community Property [22650 - 22666] ( Chapter 12 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22659. Upon being awarded a separate account or an interest in the retirement allowance or retirement benefit of a retired member under this part, a nonmember spouse shall provide the system with proof of his or her date of birth, social security number, and any other information requested by the system, in the form and manner requested by the system. (Amended by Stats. 2000, Ch. 1021, Sec. 22. Effective January 1, 2001.)
  110. 22660.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 12. Community Property [22650 - 22666] ( Chapter 12 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    A qualifying nonmember spouse with a separate account has the right to name beneficiaries and a payee for certain retirement-related balances.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 12. Community Property [22650 - 22666] ( Chapter 12 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22660. (a) The nonmember spouse who is awarded a separate account under this part shall have the right to designate, pursuant to Sections 23300 to 23304, inclusive, a beneficiary or beneficiaries to receive the accumulated retirement contributions under the Defined Benefit Program and to designate a payee to receive the remaining balance of payments for a period-certain annuity, or the accumulated Defined Benefit Supplement account balance under the Defined Benefit Supplement Program remaining in the separate account of the nonmember spouse on his or her date of death, and any accrued allowance or accrued benefit under the Defined Benefit Supplement Program that is attributable to the separate account of the nonmember spouse and that is unpaid on the date of the death of the nonmember spouse. (b) This section shall not be construed to provide the nonmember spouse with any right to elect to modify a retirement allowance under Section 24300 or 24300.1, or to elect a joint and survivor annuity under the Defined Benefit Supplement Program. (Amended by Stats. 2017, Ch. 298, Sec. 3. (AB 1325) Effective January 1, 2018.)
  111. 22661.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 12. Community Property [22650 - 22666] ( Chapter 12 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    A nonmember spouse with a separate account has a right to a refund or account-balance return, must apply on the system’s form, and loses redeposit/cancellation rights once the refund or lump-sum payment becomes effective.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 12. Community Property [22650 - 22666] ( Chapter 12 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22661. (a) The nonmember spouse who is awarded a separate account under this part shall have the right to a refund of the accumulated retirement contributions in the account under the Defined Benefit Program, and a return of the Defined Benefit Supplement account balance, of the nonmember spouse under this part. (b) The nonmember spouse shall file an application on a form provided by the system to obtain a refund or lump-sum payment. (c) Except as provided in subdivision (i), the refund of accumulated retirement contributions in the account under the Defined Benefit Program and the return of the accumulated Defined Benefit Supplement account balance under this part are effective when the system deposits in the United States mail an initial warrant drawn in favor of the nonmember spouse and addressed to the latest address for the nonmember spouse on file with the system. (d) Except as provided in subdivision (i), if the nonmember spouse has elected on a form provided by the system to transfer all or a specified portion of the accumulated retirement contributions or accumulated Defined Benefit Supplement account balance that are eligible for direct trustee-to-trustee transfer to the trustee of a qualified plan under Section 402 of the Internal Revenue Code of 1986 (26 U.S.C. Sec. 402), deposit in the United States mail of a notice that the requested transfer has been made constitutes a refund of the nonmember spouse’s accumulated retirement contributions as defined in Section 22161.5 or the return of the accumulated Defined Benefit Supplement account balance. This subdivision shall not apply to a nonmember domestic partner, consistent with Section 402 of the Internal Revenue Code. (e) The nonmember spouse is deemed to have permanently waived all rights and benefits pertaining to the service credit, accumulated retirement contributions, and accumulated Defined Benefit Supplement account balance under this part when the refund and lump-sum payment become effective. (f) The nonmember spouse may not cancel a refund or lump-sum payment under this part after it is effective. (g) The nonmember spouse shall not have a right to elect to redeposit the refunded accumulated retirement contributions under this part after the refund is effective, to redeposit under Section 22662 or purchase additional service credit under Section 22663 after the refund becomes effective, or to redeposit the accumulated Defined Benefit Supplement account balance after the lump-sum payment becomes effective. (h) If the total service credit in the separate account of the nonmember spouse under the Defined Benefit Program, including service credit purchased under Sections 22662 and 22663, is less than two and one-half years, the system shall refund the accumulated retirement contributions in the account. (i) The mode of deposit described in subdivision (c) and the mode of notice described in subdivision (d) are subject to Section 22337. (Amended by Stats. 2013, Ch. 459, Sec. 3. (AB 989) Effective January 1, 2014.)
  112. 22662.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 12. Community Property [22650 - 22666] ( Chapter 12 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    A nonmember spouse with a court-recognized right may redeposit certain refunded retirement contributions, but must follow notice, form, payment, and interest rules.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 12. Community Property [22650 - 22666] ( Chapter 12 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22662. The nonmember spouse who is awarded a separate account under the Defined Benefit Program may redeposit accumulated retirement contributions previously refunded to the member in accordance with the determination of the court pursuant to Section 22652. (a) The nonmember spouse may redeposit under the Defined Benefit Program only those accumulated retirement contributions that were previously refunded to the member and in which the court has determined the nonmember spouse has a community property interest. (b) The nonmember spouse shall inform the system in writing of his or her intent to redeposit within 180 days after the judgment or court order that specifies the redeposit rights of the nonmember spouse is entered. Except as provided in subdivision (g), the nonmember spouse’s election to redeposit shall be made on a form provided by the system within 30 days after the system mails an election form and the billing. (c) If the nonmember spouse elects to redeposit under the Defined Benefit Program, he or she shall repay all or a portion of the member’s refunded accumulated retirement contributions that were awarded to the nonmember spouse and shall pay regular interest from the date of the refund to the date payment of the redeposit is completed. (d) All payments shall be received by the system before the effective date of the nonmember spouse’s retirement under this part. If any payment due because of the election is not received at the system’s headquarters office within 120 days of its due date, the election shall be canceled and any payments made under the election shall be returned to the nonmember spouse. (e) The right of the nonmember spouse to redeposit shall be subject to Section 23203. (f) The member shall not have a right to redeposit the share of the nonmember spouse in the previously refunded accumulated retirement contributions under this part whether or not the nonmember spouse elects to redeposit. However, any accumulated retirement contributions previously refunded under this part and not explicitly awarded to the nonmember spouse under this part by the judgment or court order shall be deemed the exclusive property of the member. (g) The measurement of time within which the election to redeposit described in subdivision (b) shall be made is subject to Section 22337. (Amended by Stats. 2014, Ch. 755, Sec. 17. (SB 1220) Effective January 1, 2015.)
  113. 22663.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 12. Community Property [22650 - 22666] ( Chapter 12 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    A nonmember spouse awarded a separate account may buy additional service credit, but only the credit the court determined is the spouse’s community property 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 12. Community Property [22650 - 22666] ( Chapter 12 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22663. The nonmember spouse who is awarded a separate account under this part has the right to purchase additional service credit in accordance with the determination of the court pursuant to Section 22652. (a) The nonmember spouse may purchase only the service credit that the court, pursuant to Section 22652, has determined to be the community property interest of the nonmember spouse. (b) The nonmember spouse shall inform the system in writing of his or her intent to purchase additional service credit within 180 days after the date the judgment or court order addressing the right of the nonmember spouse to purchase additional service credit is entered. Except as provided in subdivision (f), the nonmember spouse shall elect to purchase additional service credit on a form provided by the system within 30 days after the system mails an election form and billing. (c) If the nonmember spouse elects to purchase additional service credit, he or she shall pay, prior to retirement under this part, all contributions with respect to the additional service at the contribution rate for additional service credit in effect at the time of election and regular interest from July 1 of the year following the year upon which contributions are based. (1) (A) The nonmember spouse shall purchase additional service credit by paying the required contributions and interest in one lump sum, or in not more than 120 monthly installments, provided that no installment, except the final installment, is less than twenty-five dollars ($25). Regular interest shall be charged on the monthly, unpaid balance if the nonmember spouse pays in installments. (B) If any payment due, because of the election, is not received at the system’s headquarters office within 120 days of its due date, the election shall be canceled and any payments made under the election shall be returned to the nonmember spouse. (2) The contributions shall be based on the member’s compensation earnable in the most recent school year during which the member was employed, preceding the date of separation established by the court pursuant to Section 22652. (3) All payments of contributions and interest shall be received by the system before the effective date of the retirement of the nonmember spouse. (d) The nonmember spouse does not have a right to purchase additional service credit under this part after the effective date of a refund of the accumulated retirement contributions in the separate account of the nonmember spouse. (e) The member does not have a right to purchase the community property interest of the nonmember spouse of additional service credit under this part whether or not the nonmember spouse elects to purchase the additional service credit. However, any additional service credit eligible for purchase that is not explicitly awarded to the nonmember spouse by the judgment or court order shall be deemed the exclusive property of the member. (f) The measurement of time within which the election to purchase additional service credit described in subdivision (b) shall be made is subject to Section 22337. (Amended by Stats. 2014, Ch. 755, Sec. 18. (SB 1220) Effective January 1, 2015.)
  114. 22664.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 12. Community Property [22650 - 22666] ( Chapter 12 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    A nonmember spouse with a separate account may receive retirement benefits if eligibility and filing 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 12. Community Property [22650 - 22666] ( Chapter 12 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22664. The nonmember spouse who is awarded a separate account shall have the right to a service retirement allowance and, if applicable, a retirement benefit under this part. (a) The nonmember spouse shall be eligible to retire for service under this part if the following conditions are satisfied: (1) The member had at least five years of credited service during the period of marriage, at least one year of which had been performed subsequent to the most recent refund to the member of accumulated retirement contributions. The credited service may include service credited to the account of the member as of the date of the dissolution or legal separation, previously refunded service, out-of-state service, and permissive service credit that the member is eligible to purchase at the time of the dissolution or legal separation. (2) The nonmember spouse has at least two and one-half years of credited service in his or her separate account. (3) The nonmember spouse has attained 55 years of age or more. (b) A service retirement allowance of a nonmember spouse under this part shall become effective upon a date designated by the nonmember spouse, provided: (1) The requirements of subdivision (a) are satisfied. (2) The nonmember spouse has filed an application for service retirement on a properly executed form provided by the system, that is executed no earlier than six months before the effective date of the retirement allowance. (3) The effective date is no earlier than the first day of the month that the application is received at the system’s headquarters office and the effective date is after the date the judgment or court order pursuant to Section 22652 was entered. (c) (1) Upon service retirement at normal retirement age under this part, the nonmember spouse shall receive a retirement allowance that shall consist of an annual allowance payable in monthly installments equal to 2 percent of final compensation for each year of credited service. (2) If the nonmember spouse’s retirement is effective at less than normal retirement age and between early retirement age under this part and normal retirement age, the retirement allowance shall be reduced by one-half of 1 percent for each full month, or fraction of a month, that will elapse until the nonmember spouse would have reached normal retirement age. (3) If the nonmember spouse’s service retirement is effective at an age greater than normal retirement age and is effective on or after January 1, 1999, the percentage of final compensation for each year of credited service shall be determined pursuant to the following table: Age at Retirement Percentage 60¼ ........................ 2.033 60½ ........................ 2.067 60¾ ........................ 2.10 61 ........................ 2.133 61¼ ........................ 2.167 61½ ........................ 2.20 61¾ ........................ 2.233 62 ........................ 2.267 62¼ ........................ 2.30 62½ ........................ 2.333 62¾ ........................ 2.367 63 and over ........................ 2.40 (4) In computing the retirement allowance of the nonmember spouse, the age of the nonmember spouse on the last day of the month that the retirement allowance begins to accrue shall be used. (5) Final compensation, for purposes of calculating the service retirement allowance of the nonmember spouse under this subdivision, shall be calculated according to the definition of final compensation in Section 22134, 22134.5, or 22135, whichever is applicable, and shall be based on the member’s compensation earnable up to the date the parties separated, as established in the judgment or court order pursuant to Section 22652. The nonmember spouse shall not be entitled to use any other calculation of final compensation. (d) Upon service retirement under this part, the nonmember spouse shall receive a retirement benefit based on an amount equal to the balance of credits in the nonmember spouse’s Defined Benefit Supplement account on the date the retirement benefit becomes payable. (1) A retirement benefit shall be a lump-sum payment, or an annuity payable in monthly installments, or a combination of both a lump-sum payment and an annuity, as elected by the nonmember spouse on the application for a retirement benefit. A retirement benefit paid as an annuity under this chapter shall be subject to Sections 22660, 25011, and 25011.1. (2) Upon distribution of the entire retirement benefit in a lump-sum payment, no other benefit shall be payable to the nonmember spouse or the nonmember spouse’s beneficiary under the Defined Benefit Supplement Program. (e) If the member is or was receiving a disability allowance under this part with an effective date before or on the date the parties separated as established in the judgment or court order pursuant to Section 22652, or at any time applies for and receives a disability allowance with an effective date that is before or coincides with the date the parties separated as established in the judgment or court order pursuant to Section 22652, the nonmember spouse shall not be eligible to retire until after the disability allowance of the member terminates. If the member who is or was receiving a disability allowance returns to employment to perform creditable service subject to coverage under the Defined Benefit Program or has his or her allowance terminated under Section 24015, the nonmember spouse may not be paid a retirement allowance until at least six months after termination of the disability allowance and the return of the member to employment to perform creditable service subject to coverage under the Defined Benefit Program, or the termination of the disability allowance and the employment or self-employment of the member in any capacity, notwithstanding Section 22132. If at the end of the six-month period, the member has not had a recurrence of the original disability or has not had his or her earnings fall below the amounts described in Section 24015, the nonmember spouse may be paid a retirement allowance if all other eligibility requirements are met. (1) The retirement allowance of the nonmember spouse under this subdivision shall be calculated as follows: the disability allowance the member was receiving, exclusive of the portion for dependent children, shall be divided between the share of the member and the share of the nonmember spouse. The share of the nonmember spouse shall be the amount obtained by multiplying the disability allowance, exclusive of the portion for dependent children, by the years of service credited to the separate account of the nonmember spouse, including service projected to the date of separation, and dividing by the projected service of the member. The nonmember spouse’s retirement allowance shall be the lesser of the share of the nonmember spouse under this subdivision or the retirement allowance under subdivision (c). (2) The share of the member shall be the total disability allowance reduced by the share of the nonmember spouse. The share of the member shall be considered the disability allowance of the member for purposes of Section 24213. (f) The nonmember spouse who receives a retirement allowance is not a retired member under this part. However, the allowance of the nonmember spouse shall be increased by application of the improvement factor and shall be eligible for the application of supplemental increases and other benefit maintenance provisions under this part, including, but not limited to, Sections 24412 and 24415 based on the same criteria used for the application of these benefit maintenance increases to the service retirement allowances of members. (g) Paragraphs (1) to (3), inclusive, of subdivision (c) shall not apply to a nonmember spouse of a member subject to the California Public Employees’ Pension Reform Act of 2013. For a person who is a nonmember spouse of a member subject to the California Public Employees’ Pension Reform Act of 2013 and is awarded a separate account, the retirement allowance shall equal the percentage of final compensation for each year of credited service that is equal to the percentage specified in Section 24202.6 based on the age of the nonmember spouse on the effective date of the allowance. (Amended by Stats. 2016, Ch. 218, Sec. 15. (SB 1352) Effective January 1, 2017.)
  115. 22665.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 12. Community Property [22650 - 22666] ( Chapter 12 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The system must count certain service credit awarded to a nonmember spouse when determining a member’s retirement or disability eligibility, and the member cannot use some awarded service credit for eligibility until it is redeposited or purchased.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 12. Community Property [22650 - 22666] ( Chapter 12 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22665. The system shall include the service credit awarded to a nonmember spouse in the judgment or court order to determine the eligibility of a member for a retirement or disability allowance under this part. That portion of awarded service credit based on previously refunded accumulated retirement contributions or on permissive service credit may not be used by the member for eligibility requirements until the member has redeposited or purchased his or her portion of the service credit. The member’s service retirement allowance shall be calculated based on the service credit in the member’s account on the effective date of service retirement. (Amended by Stats. 2000, Ch. 74, Sec. 43. Effective January 1, 2001.)
  116. 22666.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 12. Community Property [22650 - 22666] ( Chapter 12 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The Legislature states an intent to abolish any remaining application of the terminable interest doctrine in California for dividing public retirement benefits under 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 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 12. Community Property [22650 - 22666] ( Chapter 12 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22666. It is the intent of the Legislature to abolish any remaining application of the terminable interest doctrine in California relating to the division of public retirement benefits of a member in the event of dissolution of marriage or death if the division is made under this chapter. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.)
  117. 22700.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 13. Service Credit [22700 - 22724] ( Chapter 13 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    This chapter sets how service credit is computed for a Defined Benefit Program member.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 13. Service Credit [22700 - 22724] ( Chapter 13 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22700. This chapter governs the computation of service to be credited under this part to a member of the Defined Benefit Program for the purpose of determining eligibility for benefits under the program, the amount of contributions required of the member in the program, and the amount of benefits paid to a retired member under the program. (Amended by Stats. 1998, Ch. 965, Sec. 74. Effective January 1, 1999.)
  118. 22703.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 13. Service Credit [22700 - 22724] ( Chapter 13 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    This section governs how service credit is assigned in the State Teachers’ Retirement System, including a 1.000-per-school-year limit and special rules for excess contributions and older 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 13. Service Credit [22700 - 22724] ( Chapter 13 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22703. (a) Service shall be credited to the Defined Benefit Program, except as provided in subdivision (b). (b) A member’s creditable service that exceeds 1.000 in a school year shall not be credited to the Defined Benefit Program. Commencing July 1, 2002, contributions by the employer and the member that are deposited in the Teachers’ Retirement Fund for creditable compensation paid to the member for service that exceeds 1.000 in a school year, exclusive of contributions pursuant to Sections 22901.7, 22950.5, and 22951, shall be credited to the Defined Benefit Supplement Program. (c) In lieu of any other benefits provided by this part, any member who performed service prior to July 1, 1956, shall receive retirement benefits for that service at least equal to the benefits that the member would have received for that service under the provisions of this part as they existed on June 30, 1956. This subdivision shall not apply to service that is credited in the San Francisco Employees’ Retirement System. (d) The amendments to this section made during the second year of the 1999–2000 Regular Session shall become operative on July 1, 2002, if the revenue limit cost-of-living adjustment computed by the Superintendent of Public Instruction for the 2001–02 fiscal year is equal to or greater than 3.5 percent. Otherwise the amendments to this section made during the second year of the 1999–2000 Regular Session shall become operative on July 1, 2003. (Amended by Stats. 2016, Ch. 218, Sec. 16. (SB 1352) Effective January 1, 2017.)
  119. 22704.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 13. Service Credit [22700 - 22724] ( Chapter 13 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    In a school district running a year-round school operation or continuous school program, service is credited to the school year in which the service began.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 13. Service Credit [22700 - 22724] ( Chapter 13 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22704. In any school district that is conducting a year-round school operation or a continuous school program, service shall be credited to the school year in which the service began. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.)
  120. 22705.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 13. Service Credit [22700 - 22724] ( Chapter 13 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    Service credit is excluded when a member is entitled to certain other public retirement benefits, and a retired member’s allowance is reduced if they later become entitled to such a benefit.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 13. Service Credit [22700 - 22724] ( Chapter 13 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22705. No service shall be included under this part for which a member of the Defined Benefit Program is entitled to receive a retirement benefit in a lump sum or installment payments, for other than military service, from any public retirement system other than this system, or under the American Gratuity Act No. 4151 relating to service in the Philippine Islands under which 15 or more years of creditable service has accrued, or the San Francisco Employees’ Retirement System. If a retired member under this part becomes entitled to that retirement benefit, his or her retirement allowance shall be reduced thereafter to exclude the service upon which the retirement benefit is based, without other change in his or her retirement status. This section shall not apply to any retirement benefit received from a defined contribution plan that is qualified under Section 401(a), Section 403(b), or Section 457 of the Internal Revenue Code. (Amended by Stats. 2005, Ch. 351, Sec. 10. Effective January 1, 2006.)
  121. 22705.5.

    ## 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 13. Service Credit [22700 - 22724] ( Chapter 13 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    Service covered by the San Francisco Employees’ Retirement System under Section 24701 is excluded from the Defined Benefit Program. A member keeps the right to a retirement allowance for that creditable service unless the member withdraws the accumulated retirement contributions for that 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 13. Service Credit [22700 - 22724] ( Chapter 13 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22705.5. Service subject to coverage by the San Francisco Employees’ Retirement System pursuant to Section 24701 is excluded from coverage in the Defined Benefit Program. The member shall retain the right to receive a retirement allowance for creditable service that is subject to coverage under the Defined Benefit Program unless he or she withdraws his or her accumulated retirement contributions for that service. (Amended by Stats. 2005, Ch. 351, Sec. 11. Effective January 1, 2006.)
  122. 22706.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 13. Service Credit [22700 - 22724] ( Chapter 13 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    A member may not receive service credit for work performed while receiving certain retirement or disability 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 13. Service Credit [22700 - 22724] ( Chapter 13 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22706. A member shall not receive credit for service performed while receiving a retirement or disability allowance under the Defined Benefit Program or while receiving a retirement or disability benefit under the Defined Benefit Supplement Program. (Amended by Stats. 2000, Ch. 1021, Sec. 28. Effective January 1, 2001.)
  123. 22708.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 13. Service Credit [22700 - 22724] ( Chapter 13 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    For certain state employees, retirement calculations must include extra service credit or related earnings information, and the employer must pay the added 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 13. Service Credit [22700 - 22724] ( Chapter 13 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22708. (a) The calculations of retirement allowances under this part for state employees in the personal leave program shall include credit for service that would have been credited had the employee not been in the personal leave program. The costs that result from the increased service credit shall be paid for by the employer in a manner prescribed by the system. (b) The calculations of a retirement allowance under this part for a state employee subject to mandatory furloughs shall include earnings, contributions, and annualized pay rates that would have been reported had the employee not been subject to mandatory furloughs. The employer shall pay the cost of the increased service credit that results from these inclusions in a manner prescribed by the system pursuant to Section 22909. (c) For purposes of subdivision (b), “mandatory furloughs” means time during which a member identified below is directed to be absent from work without pay because of an Executive order in the 2008–09 and 2009–10 fiscal years: (1) A person subject to an Executive order requiring a mandatory furlough for state employees. (2) A person who is excepted from the definition of “state employee” in subdivision (c) of Section 3513, or who is an officer or employee of the executive branch of state government who is not a member of the civil service, and who is subject to an Executive order requiring a mandatory furlough for state employees. (Amended by Stats. 2019, Ch. 96, Sec. 13. (AB 644) Effective January 1, 2020.)
  124. 22709.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 13. Service Credit [22700 - 22724] ( Chapter 13 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    A member must receive service credit for certain missed service time, and the system must give four years of service credit in a specific Japanese-ancestry-related case.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 13. Service Credit [22700 - 22724] ( Chapter 13 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22709. A member shall receive credit under this part for time during which the member is prevented from performing creditable service subject to coverage under the Defined Benefit Program, by act of God, or by reason of the closing of a school by any duly authorized officer or body. If by reason of a member’s Japanese ancestry, the member was required by the Wartime Civil Control Administration to leave his or her teaching position in California and returned prior to July 1, 1972, to service subject to coverage under the Defined Benefit Program, the system shall give the member four years of service credit under this part. (Amended by Stats. 1998, Ch. 965, Sec. 80. Effective January 1, 1999.)
  125. 22710.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 13. Service Credit [22700 - 22724] ( Chapter 13 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    Service credit is allowed for certain absences due to work-related injury or illness if required contributions 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 13. Service Credit [22700 - 22724] ( Chapter 13 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22710. (a) Service shall be credited under this part, upon payment of the contributions required under Sections 22901 and 22950, for that time during which a member is excused from performance of creditable service and for which the member receives workers’ compensation, or compensation from an insurance carrier of the employer, due to injury or illness that arose out of and in the course of the member’s employment. (b) Service credited pursuant to this section shall be credited in the proportion that the compensation paid to the member bears to the member’s annualized pay rate. (c) The amount of compensation used to credit service pursuant to this section shall not exceed what the member’s annualized pay rate would have been but for the period of absence specified in subdivision (a). (Amended by Stats. 2019, Ch. 96, Sec. 14. (AB 644) Effective January 1, 2020.)
  126. 22711.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 13. Service Credit [22700 - 22724] ( Chapter 13 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    An elected officer on a compensated leave of absence can keep retirement service credit and related earnings benefits if the stated conditions are met, and the member and employer must make the required 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 13. Service Credit [22700 - 22724] ( Chapter 13 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22711. An elected officer of an employee organization that is on a compensated leave of absence pursuant to Section 44987 or 87768.5 shall be entitled to the service credit, compensation earnable, interest, and additional earnings credits under this part that they otherwise would have been due had the member not been on the compensated leave of absence, if all of the following conditions are met: (a) The member was employed and performed creditable service subject to coverage under this Defined Benefit Program in the month before commencement of the leave of absence. (b) The member makes contributions to the Teachers’ Retirement Fund in the amount that the member would have contributed had the member performed creditable service during the period the member served as an elected officer of the employee organization. (c) The member’s employer contributes to the Teachers’ Retirement Fund at a rate adopted by the board as a plan amendment with respect to the Defined Benefit Program an amount based upon the creditable compensation that would have been paid to the member had the member performed creditable service during the period the member served as an elected officer of the employee organization. (Amended by Stats. 2021, Ch. 539, Sec. 1. (SB 294) Effective January 1, 2022.)
  127. 22712.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 13. Service Credit [22700 - 22724] ( Chapter 13 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    A member under this part must receive credit for time served as an exchange teacher.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 13. Service Credit [22700 - 22724] ( Chapter 13 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22712. A member under this part shall receive credit for time served as an exchange teacher in any location. (Amended by Stats. 1998, Ch. 965, Sec. 83. Effective January 1, 1999.)
  128. 22712.5.

    ## 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 13. Service Credit [22700 - 22724] ( Chapter 13 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    Certain eligible members keep receiving service credit for specified past service if they stay continuously employed to do that 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 13. Service Credit [22700 - 22724] ( Chapter 13 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22712.5. All members under this part who are employed by a school district, community college district, or superintendent of schools and who received credit during the school year ending June 30, 1996, for service performed as a community service teacher or in a classified position that does not qualify for membership in the Public Employees’ Retirement System, shall continue to receive credit for that service performed after June 30, 1996, provided the member remains continuously employed to perform that service. (Amended by Stats. 1998, Ch. 965, Sec. 84. Effective January 1, 1999.)
  129. 22713.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 13. Service Credit [22700 - 22724] ( Chapter 13 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    This section lets eligible members of the Defined Benefit Program reduce their workload from full time to part time under a written agreement, while keeping service credit and retirement-related benefits based partly on full-time 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 13. Service Credit [22700 - 22724] ( Chapter 13 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22713. (a) Notwithstanding any other provision of this chapter, if the governing board of a school district or a community college district, or a county superintendent of schools establishes regulations pursuant to Sections 44922 and 87483, an employer may enter into a written agreement with an employee who is a member of the Defined Benefit Program to reduce their workload in a position from full time to part time, receive the service credit the member would have received if the member had been employed in that position on a full-time basis and have their retirement allowance, as well as other benefits that the member is entitled to under this part, based, in part, on the final compensation the member would have been entitled to if the member had been employed on a full-time basis. The option to reduce the member’s workload shall be exercised at the request of the member if all of the following conditions are met: (1) The member is employed by either of the following: (A) A school district or county office of education as a prekindergarten through grade 12 certificated employee who does not hold a position with a salary above the maximum salary of a school principal for that employer. (B) A community college district. (2) The member has a minimum of 10 years of credited service in the Defined Benefit Program prior to the start of the school term of the first school year of the agreement to reduce the member’s workload. (3) The member shall have been employed on a full-time basis to perform creditable service under the Defined Benefit Program each year of the five school years immediately preceding the first school year in which the member’s workload is reduced, without having a break in service. For the purposes of this paragraph: (A) Employer-approved leaves of absence, and unpaid absences from the performance of creditable service for personal reasons from full-time employment do not constitute a break in service. (B) Creditable service that was performed for a school year in which a member reduced their workload pursuant to this section shall be treated as full time, provided that the agreement to reduce the member’s workload was not terminated during that year pursuant to subdivision (e). (C) The period of time during which a member is retired for service shall constitute a break in service. (4) The member is 55 years of age or older prior to the start of the school term of the first school year of the agreement for which the member’s workload is reduced. (b) The employer, in conjunction with the system, shall certify the member’s eligibility for participation in the reduced workload program in accordance with subdivision (a). The employer’s certification shall be submitted in a format prescribed by the system and shall be received in the system’s headquarters office prior to the start of the school term of the first school year of the agreement for which the member’s workload is reduced. (c) The agreement to reduce the member’s workload shall be in effect prior to the start of the school term of the first school year of the agreement for which the member’s workload is reduced, and shall include the following requirements: (1) The total amount of time in which a member reduces their workload pursuant to this section shall not exceed 10 school years. (2) The reduced workload shall be equal to at least one-half of the time the employer requires for full-time employment in that position in accordance with Section 22138.5. (3) The member shall be paid creditable compensation that is the pro rata share of the creditable compensation the member would have been paid for that position had the member not reduced their workload. (4) For each school year the member’s workload is reduced pursuant to this section, the member shall make contributions to the Teachers’ Retirement Fund in the amount that the member would have contributed if the member had performed creditable service for that position on a full-time basis and if that service was subject to coverage under the Defined Benefit Program. (5) For each school year the member’s workload is reduced pursuant to this section, the employer shall contribute to the Teachers’ Retirement Fund at a rate adopted by the board as a plan amendment with respect to the Defined Benefit Program an amount based upon the creditable compensation that would have been paid to the member if the member had performed creditable service for that position on a full-time basis and if that service was subject to coverage under the Defined Benefit Program. (d) The employer shall maintain the necessary records to separately identify each member who participates in the reduced workload program pursuant to this section. (e) The agreement to reduce a member’s workload shall be terminated if one of the following actions is taken: (1) The member’s employment is terminated prior to the end of the school term. (2) The member earns less than one-half of the annualized pay rate as defined in Section 22104.8. (3) The member and the employer mutually agree that the member will perform creditable service without making contributions in accordance with paragraphs (4) and (5) of subdivision (c). (f) Upon termination of the agreement for any of the reasons described in subdivision (e): (1) The employer shall notify the system that the agreement to reduce a member’s workload has been terminated within 30 days of the agreement being terminated. (2) The member’s service credit and contributions for that school year in which the agreement is terminated shall be computed in accordance with Section 22701 and Chapters 15 and 16. (3) That school year in which the agreement is terminated shall not be included in the total amount of time in which a member is allowed to reduce their workload pursuant to paragraph (1) of subdivision (c). (4) Any subsequent agreement to reduce a member’s workload shall meet all of the conditions set forth in this section. (Amended by Stats. 2025, Ch. 239, Sec. 4. (SB 853) Effective January 1, 2026.)
  130. 22714.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 13. Service Credit [22700 - 22724] ( Chapter 13 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    This section lets eligible members receive two additional years of service credit if the district or education employer makes the required formal findings and 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 13. Service Credit [22700 - 22724] ( Chapter 13 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22714. (a) Whenever the governing board of a school district or a community college district or a county office of education, by formal action, determines pursuant to Section 44929 or 87488 that, because of impending curtailment of, or changes in, the manner of performing services, the best interests of the district or county office of education would be served by encouraging certificated employees or academic employees to retire for service and that the retirement will result in a net savings to the district or county office of education, an additional two years of service credit shall be granted under this part to a member of the Defined Benefit Program if all of the following conditions exist: (1) The member is credited with five or more years of service credit and retires for service under Chapter 27 (commencing with Section 24201) during a period of not more than 120 days or less than 60 days, commencing no sooner than the effective date of the formal action of the employer that shall specify the period. (2) The documentation required by this section is received by the system no later than 30 calendar days after the last day of the window period established in paragraph (1). (3) (A) The employer transfers to the retirement fund an amount determined by the Teachers’ Retirement Board to equal the actuarial equivalent of the difference between the allowance the member receives after receipt of service credit pursuant to this section and the amount the member would have received without the service credit and an amount determined by the Teachers’ Retirement Board to equal the actuarial equivalent of the difference between the purchasing power protection supplemental payment the member receives after receipt of service credit pursuant to this section and the amount the member would have received without the service credit. The payment for purchasing power shall be deposited in the Supplemental Benefit Maintenance Account established by Section 22400 and shall be subject to Section 24415. The transfer to the retirement fund shall be made in a manner and a time period, not to exceed eight years, that is acceptable to the Teachers’ Retirement Board. The employer shall transfer the required amount for all eligible employees who retire pursuant to this section. (B) Regular interest shall be charged on the unpaid balance if the employer makes the transfer to the retirement fund in installments. (4) The employer transmits to the retirement fund the administrative costs incurred by the system in implementing this section, as determined by the Teachers’ Retirement Board. (5) The employer has considered the availability of teachers or academic employees to fill the positions that would be vacated pursuant to this section. (b) (1) The school district shall demonstrate and certify to the county superintendent that the formal action taken would result in a net savings to the district. (2) The county superintendent shall certify to the Teachers’ Retirement Board that the result specified in paragraph (1) can be demonstrated. The certification shall include, but not be limited to, the information specified in subdivision (c) of Section 14502.1. (3) The school district shall reimburse the county superintendent for all costs to the county superintendent that result from the certification. (c) (1) The county office of education shall demonstrate and certify to the Superintendent of Public Instruction that the formal action taken would result in a net savings to the county office of education. (2) The Superintendent of Public Instruction shall certify to the Teachers’ Retirement Board that the result specified in paragraph (1) can be demonstrated. The certification shall include, but not be limited to, the information specified in subdivision (c) of Section 14502.1. (3) The Superintendent of Public Instruction may request reimbursement from the county office of education for all administrative costs that result from the certification. (d) (1) The community college district shall demonstrate and certify to the chancellor’s office that the formal action taken would result in a net savings to the district. (2) The chancellor shall certify to the Teachers’ Retirement Board that the result specified in paragraph (1) can be demonstrated. The certification shall include, but not be limited to, the information specified in subdivision (c) of Section 84040.5. (3) The chancellor may request reimbursement from the community college district for all administrative costs that result from the certification. (e) The opportunity to be granted service credit pursuant to this section shall be available to all members employed by the school district, community college district, or county office of education who meet the conditions set forth in this section. (f) The amount of service credit shall be two years. (g) Any member of the Defined Benefit Program who retires under this part for service under Chapter 27 (commencing with Section 24201) with service credit granted under this section and who subsequently reinstates shall forfeit the service credit granted under this section. (h) Any member of the Defined Benefit Program who retires under this part for service under Chapter 27 (commencing with Section 24201) with service credit granted under this section and who takes any job as an employee, independent contractor, or as an employee of a third party with the school district, community college district, or county office of education that granted the member the service credit less than five years after receiving the credit shall forfeit the ongoing benefit the member receives from the additional service credit granted under this section. (i) This section does not apply to any member otherwise eligible if the member receives any unemployment insurance payments arising out of employment with an employer subject to this part within one year following the effective date of the formal action under subdivision (a), or if the member is not otherwise eligible to retire for service. (Amended by Stats. 2020, Ch. 275, Sec. 10. (AB 2101) Effective January 1, 2021.)
  131. 22715.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 13. Service Credit [22700 - 22724] ( Chapter 13 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    Some state employees may get two extra years of service credit if the Governor issues the required executive order and the section’s 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 13. Service Credit [22700 - 22724] ( Chapter 13 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22715. (a) Notwithstanding any other provisions of this part, whenever the Governor, by executive order, determines that because of an impending curtailment of, or change in the manner of performing service, the best interest of the state would be served by encouraging the retirement of state employees, and that sufficient economies could be realized to offset any cost to state agencies resulting from this section, an additional two years of service shall be credited under this part to members of the Defined Benefit Program, who are state employees, if the following conditions exist: (1) The member is credited with five or more years of service and retires during a period not to exceed 120 days or less than 60 days commencing no sooner than the date of issuance of the Governor’s executive order specifying that period. (2) (A) The appointing power, as defined in Section 18524 of the Government Code, transfers to the retirement fund an amount determined by the board to equal the actuarial equivalent of the difference between the allowance the member receives after the receipt of service credit under this section and the amount the member would have received without the service credit. The transfer to the retirement fund shall be made in a manner and time period acceptable to the employer and the board. (B) Regular interest shall be charged on the unpaid balance if the employer makes the transfer to the retirement fund in installments. (3) The appointing power determines that it is electing to exercise the provisions of this section, pursuant to the Governor’s order, and certifies to the Department of Finance and to the Legislative Analyst, as to the specific economies that would be realized if the additional service credit toward retirement were granted. (b) As used in this section, “member” means a state employee who is employed in a job classification, department, or other organizational unit designated by the appointing power, as defined in Section 18524 of the Government Code. (c) The amount of service credit shall be two years regardless of credited service, but shall not exceed the number of years intervening between the date of the member’s retirement under this part and the date the member would be required to be retired because of age. The appointing power shall make the payment with respect to all eligible employees who retire pursuant to this section. (d) Any member who qualifies under this section, upon subsequent reinstatement under this part, shall forfeit the service credit granted under this section. (e) This section shall not be applicable to any member otherwise eligible if that member receives any unemployment insurance payments arising out of employment with an employer subject to this part during a period extending one year beyond the date of issuance of the executive order or if the member is not eligible to retire without the additional credit available under this section. (f) The benefit provided by this section shall not be applicable to the employees of any appointing power until the Director of Finance approves the transmittal of funds by that appointing power or the Board of Regents or the Board of Trustees to the retirement fund pursuant to paragraph (2) of subdivision (a). (g) The Director of Finance shall approve the transmittal of funds by the appointing power not sooner than 30 days after notification in writing of the necessity therefor to the chairperson of the committee in each house of the Legislature that considers appropriations and the Chairperson of the Joint Legislative Budget Committee, or not sooner than any lesser time that the chairperson of the committee, or his or her designee, may in each instance determine. If there is any written communication between the Director of Finance and the Legislative Analyst, a copy of the communication shall be transmitted to the chairperson of each appropriate policy committee. (Amended by Stats. 2009, Ch. 249, Sec. 4. (AB 654) Effective January 1, 2010.)
  132. 22716.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 13. Service Credit [22700 - 22724] ( Chapter 13 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    A Defined Benefit Program member who later serves under an unpaid contract or other unpaid basis with the trustees does not have to forfeit service credit granted under former Section 22732.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 13. Service Credit [22700 - 22724] ( Chapter 13 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22716. Notwithstanding any other provision of law, a member of the Defined Benefit Program upon any subsequent service under unpaid contract or any other unpaid basis with the trustees, shall not be required to forfeit the service credit granted under former Section 22732, as it read on June 29, 1993. (Amended by Stats. 1998, Ch. 965, Sec. 88. Effective January 1, 1999.)
  133. 22717.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 13. Service Credit [22700 - 22724] ( Chapter 13 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    Employers must certify unused sick leave days to the board after a retirement application is made, and the system must accept the certification. A member may receive service credit for qualifying unused sick leave, but not if the same leave is credited in another public 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 13. Service Credit [22700 - 22724] ( Chapter 13 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22717. (a) Upon certification by the employer or employers, a member shall be granted credit at service retirement for each day of accumulated and unused sick leave days for which full salary is allowed and to which the member was entitled on the member’s final day of employment with the employer or employers subject to coverage by the Defined Benefit Program during the last school term in which the member earned creditable compensation pursuant to Section 22119.2 or 22119.3. The system shall accept certification from each employer with which the member has accumulated sick leave days for that period, provided this leave has not been transferred to another employer. (b) The amount of service credit to be granted shall be determined by dividing the number of accumulated, unused sick leave days by the number of base days, as defined in Section 22106.2. (c) For members who are last employed with the state in a position in which there are no contracted base service days, the amount of service credit to be granted shall be 0.004 years of service for each day of unused sick leave certified to the board by the employer. The certification shall report only those days of unused sick leave that were accrued by the member during the normal course of the member’s employment subject to coverage by the Defined Benefit Program. (d) When the member has made application for service retirement under this part, the employer shall certify to the board, within 30 days following the effective date of the member’s service retirement or the date the application for retirement is received by the system’s headquarters office, whichever is later, the number of days of accumulated and unused sick leave days that the member was entitled to on the final day of employment. The board may assess a penalty on delinquent reports. (e) The member shall not receive credit for accumulated unused sick leave days if the member receives service credit in another public retirement system for the same unused sick leave days. (f) This section shall be applicable to any person who retires on or after January 1, 1999. (Amended by Stats. 2020, Ch. 275, Sec. 11. (AB 2101) Effective January 1, 2021.)
  134. 22717.5.

    ## 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 13. Service Credit [22700 - 22724] ( Chapter 13 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    This section gives members service credit for unused education leave and requires employers to certify the leave days to the board after a retirement application is made.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 13. Service Credit [22700 - 22724] ( Chapter 13 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22717.5. (a) A member shall be credited at service retirement for each day of accumulated and unused leave of absence for education for which full salary is allowed on the member’s final day of employment with the state. (b) The amount of service credit to be granted shall be 0.004 years of service for each unused day of educational leave credit. (c) When the member has made application for service retirement under this part, the employer shall certify to the board, within 30 days following the effective date of the member’s service retirement or the date the application for retirement is received by the system’s headquarters office, whichever is later, the number of days of accumulated and unused leave of absence for education that the member was entitled to on the final day of employment. The board may assess a penalty on delinquent reports. (d) This section shall apply to eligible state employees in state bargaining units that have agreed to this section in a memorandum of understanding, or as authorized by the Director of Human Resources for classifications of state employees that are excluded from the definition of “state employee” by paragraph (c) of Section 3513 of the Government Code. (e) The provisions of this section shall be effective for eligible members who retire directly from state employment on or after January 1, 2000. (Amended by Stats. 2013, Ch. 558, Sec. 12. (AB 1379) Effective January 1, 2014.)
  135. 22718.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 13. Service Credit [22700 - 22724] ( Chapter 13 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The Teachers’ Retirement Board bills school employers for service credit tied to unused excess sick leave, and employers must certify and pay billed amounts on 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 13. Service Credit [22700 - 22724] ( Chapter 13 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22718. (a) The Teachers’ Retirement Board shall bill school employers for service credit granted for unused excess sick leave under this part, subject to the following provisions: (1) (A) In addition to the certification of unused basic sick leave days, the employer shall also certify the number of unused excess sick leave days. (B) Excess sick leave days granted by an employer other than the member’s last employer shall be deemed to be granted by the last employer and shall be included in the certification if the member was eligible to use those excess sick leave days while the member was employed by the last employer. If, during the last year a member is employed to perform creditable service subject to coverage by the Defined Benefit Program, that member is employed by more than one employer, unused excess sick leave days shall be certified and paid for by the employer for the period in which the member was eligible to use those excess sick leave days. (2) The employer shall be billed only for the present value of the unused excess sick leave days and any subsequent adjustments to the billing shall be billed or returned, as appropriate, to the employer. (3) (A) The employer shall remit the amount billed to the system with the certification required by Section 22717 within 30 days after the effective date of the member’s retirement or within 30 days after the date the system has notified the employer that a certification must be made, whichever is later. (B) If payment is not received within 30 calendar days, the present value shall be recalculated to include regular interest from the due date to the date full payment is received. (C) If the system has billed the employer for an additional amount, the employer shall remit the additional amount within 30 calendar days after the date of the billing. If payment is not received for the additional amount within 30 calendar days, the present value shall be recalculated to include regular interest from the due date to the date full payment is received. (b) If a school employer fails to pay a bill charged according to subdivision (a), the Teachers’ Retirement Board may request the Superintendent of Public Instruction or the Chancellor of the California Community Colleges, as appropriate, to reduce state apportionments to the school employer by an amount equal to the amount billed. The Superintendent or chancellor shall make the reduction, and if requested by the board, direct the Controller to reduce the amount transferred from the General Fund to Section A or Section B, as appropriate, of the State School Fund by an equal amount, which shall instead be transferred to the Teachers’ Retirement Fund. (Amended by Stats. 2020, Ch. 275, Sec. 12. (AB 2101) Effective January 1, 2021.)
  136. 22719.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 13. Service Credit [22700 - 22724] ( Chapter 13 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    If a retired member’s allowance is terminated, the employer must not restore sick leave days that earned service credit 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 13. Service Credit [22700 - 22724] ( Chapter 13 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22719. If the allowance of a retired member is terminated, the employer shall not restore sick leave days for which service credit was granted at retirement. (Amended by Stats. 1998, Ch. 1006, Sec. 3. Effective January 1, 1999.)
  137. 22720.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 13. Service Credit [22700 - 22724] ( Chapter 13 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    Service credit under Section 22717 may not be used when determining final compensation, except as allowed by Section 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 13. Service Credit [22700 - 22724] ( Chapter 13 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22720. The service credited pursuant to Section 22717 may not be used in the determination of final compensation, except as provided in Section 22134.5. (Amended by Stats. 2004, Ch. 911, Sec. 3. Effective January 1, 2005.)
  138. 22721.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 13. Service Credit [22700 - 22724] ( Chapter 13 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    Payments for accumulated sick leave generally do not earn service credit, are not subject to contributions, and must be handled separately from payroll and 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 13. Service Credit [22700 - 22724] ( Chapter 13 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22721. Except as provided in Section 22717, no service credit shall be granted under this part for any payment made for accumulated sick leave upon transfer from one employer to another, upon termination of service, upon retirement, or upon death. No contributions under this part shall be withheld from any such payments. Payments for accumulated sick leave shall be paid to the member by separate warrant and shall not be included in any payroll warrant issued to the member. The payments shall not be included in the determination of “final compensation” under this part. No continued leave of absence shall be granted a member solely for the purpose of allowing the member to receive compensation for accumulated sick leave for which the member could otherwise have elected to receive payment. (Amended by Stats. 1998, Ch. 965, Sec. 90. Effective January 1, 1999.)
  139. 22724.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 13. Service Credit [22700 - 22724] ( Chapter 13 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    An employer must deduct a retiring member’s used sick leave from the member’s unused sick leave balance using the stated order, and must provide past sick leave records to the board when requested for an audit.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 13. Service Credit [22700 - 22724] ( Chapter 13 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22724. (a) To determine the number of excess sick leave days to which a member is entitled when he or she retires, the employer shall deduct the days of sick leave used by the member from the member’s accumulated and unused sick leave balance according to the following method: (1) Sick leave usage shall first be deducted from the accumulated and unused sick leave balance existing on July 1, 1986. (2) Sick leave usage shall next be deducted from basic sick leave days granted to the member by an employer after June 30, 1986. (3) Sick leave usage shall then be deducted from any excess sick leave days granted to the member by an employer after June 30, 1986. (b) Upon request from the board, the employer shall submit sick leave records of past years for audit purposes. (Added by Stats. 1999, Ch. 939, Sec. 48. Effective January 1, 2000.)
  140. 22800.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 14. Permissive and Additional Service Credit [22800 - 22811] ( Chapter 14 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    Claims for service credit under this part must be supported by statements or, if records were destroyed, by affidavits.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 14. Permissive and Additional Service Credit [22800 - 22811] ( Chapter 14 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22800. (a) Claims for permissive and additional service credit under this part shall be corroborated by a statement from the superintendent of schools or custodian of records of the employer for which the service was performed. (b) Claims for creditable service under this part performed outside the United States or in federal schools within the United States shall be corroborated by a statement from the custodian of records. (c) When the official records of the service have been destroyed, the claim may be corroborated by one or more affidavits of knowledge of the service, preferably by persons who served with the member at the time the service was performed. (Amended by Stats. 1998, Ch. 965, Sec. 91. Effective January 1, 1999.)
  141. 22801.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 14. Permissive and Additional Service Credit [22800 - 22811] ( Chapter 14 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    A member buying additional service credit must pay before retirement, return the contribution statement within 35 days, and follow the payment deadlines and installment limits.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 14. Permissive and Additional Service Credit [22800 - 22811] ( Chapter 14 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22801. (a) A member who requests to purchase additional service credit as provided in this chapter and Chapter 14.2 (commencing with Section 22820) shall pay, prior to retirement, all contributions with respect to that service at the contribution rate for additional service credit, adopted by the board as a plan amendment, in effect on the date of the request to purchase additional service credit. A member shall sign and return the completed statement of contributions and interest required from the system to purchase service credit at a specific cost no later than 35 calendar days from the date of the offer. If the system is unable to inform the member or beneficiary of the amount required to purchase additional service credit prior to the effective date of the applicable allowance, the member or beneficiary may make the required payment within 30 working days after the date of mailing of the statement of contributions and interest required or the effective date of the appropriate allowance, whichever is later, except as provided in subdivision (i). The payment shall be paid in full before a member or beneficiary receives any adjustment in the appropriate allowance due because of that payment. Contributions shall be made in a lump sum, or in not more than 120 monthly installments, not to exceed 10 years. No installment, except the final installment, shall be less than twenty-five dollars ($25). (b) If the member is employed to perform creditable service subject to coverage by the Defined Benefit Program on the date of the request to purchase additional service credit, the contributions shall be based upon the compensation earnable in the current school year or either of the two immediately preceding school years, whichever is highest. (c) If the member is not employed to perform creditable service subject to coverage by the Defined Benefit Program on the date of the request to purchase additional service credit, the contributions shall be based upon the compensation earnable in the last school year of credited service or either of the two immediately preceding school years, whichever is highest, and additional regular interest shall be added to the contributions from July 1 of the subsequent year in which the member last performed creditable service subject to coverage by the Defined Benefit Program to the date of the request. (d) The employer may pay the amount required as employer contributions for additional service credited under paragraphs (7), (8), (9), and (10) of subdivision (a) of Section 22803. (e) The Public Employees’ Retirement System shall transfer the actuarial present value of the assets of a person who makes an election pursuant to paragraph (11) of subdivision (a) of Section 22803. (f) Regular interest shall be charged on the monthly unpaid balance if the member pays in installments. Regular interest may not be charged or be payable for the period of a delay caused by the system’s inability or failure to determine and inform the member or beneficiary of the amount of contributions and interest that is payable. The period of delay shall commence on the 20th calendar day following the day on which the member or beneficiary who wishes to make payment evidences in writing to the system that they are ready, willing, and able to make payment to the system. The period of delay shall cease on the first day of the month following the mailing of notification of contributions and interest payable. (g) If the payment described in subdivision (a) is not received at the system’s headquarters office within 120 calendar days of the due date, the election pursuant to this section shall be canceled. The member shall receive credit for additional service based on the payments that were made or the member may request a return of their payments. (h) If the election to purchase additional service credit is canceled as described in subdivision (g), the member may, prior to the effective date of their retirement, elect to purchase additional service credit pursuant to this section. (i) The measurement of time within which the purchase of additional service credit described in subdivision (a) shall be made is subject to Section 22337. (Amended by Stats. 2024, Ch. 117, Sec. 1. (AB 2770) Effective January 1, 2025.)
  142. 22801.5.

    ## 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 14. Permissive and Additional Service Credit [22800 - 22811] ( Chapter 14 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    A qualifying member who elects this coverage must pay the required contributions, may pay in a lump sum or up to 120 monthly installments, and cannot receive service credit until fully 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 14. Permissive and Additional Service Credit [22800 - 22811] ( Chapter 14 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22801.5. (a) A member who elects pursuant to Section 22508.6 to have his or her state service subject to coverage by the Defined Benefit Program shall receive additional service credit for the time spent subject to coverage by the Public Employees’ Retirement System between July 1, 1991, and the effective date of the election. (b) A member described in subdivision (a) shall pay all contributions with respect to his or her state service as a member of the Public Employees’ Retirement System at the contribution rate for additional service credit, adopted by the board as a plan amendment, in effect at the time of the election. Contributions shall be made in a lump sum or in not more than 120 monthly installments, not to exceed ten years. Payment shall be made or shall commence within 120 days after the date of the election. No installment, except the final installment, shall be less than twenty-five dollars ($25). The member may not be credited with any service pursuant to this section until the contributions have been paid in full. (c) If the member is employed to perform creditable service at the time of the election, the contributions shall be based upon the compensation earnable in the current school year or either of the two immediately preceding school years, whichever is highest. (d) If the member is not employed to perform creditable service at the time of the election, the contributions shall be based upon the compensation earnable in the last school year of credited service or either of the two immediately preceding school years, whichever is highest. (e) The total amount of contributions due from the member under subdivision (b) shall be reduced by the amount received from the Public Employees’ Retirement System pursuant to Section 20309.5 of the Government Code. Under no circumstances may the assets received from the Public Employees’ Retirement System, pursuant to that section, be allocated or awarded to individual members or their spouses or beneficiaries. (Amended by Stats. 2003, Ch. 859, Sec. 11. Effective January 1, 2004.)
  143. 22802.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 14. Permissive and Additional Service Credit [22800 - 22811] ( Chapter 14 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    Some members may request to buy service credit for certain excluded service, but they must pay the required contributions and cannot buy credit in some overlapping or over-limit 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 14. Permissive and Additional Service Credit [22800 - 22811] ( Chapter 14 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22802. (a) A member, other than a retired member, who was previously excluded from membership in the Defined Benefit Program may request to purchase service credit for: (1) Service as a substitute excluded under Section 22602. (2) Creditable service subject to coverage under the Cash Balance Benefit Program if the member is currently contributing to the Defined Benefit Program and has terminated all service subject to coverage under the Cash Balance Benefit Program. Upon requesting to purchase service credit under this paragraph, the member shall cease to be eligible for a benefit for the same service or time previously credited under the Cash Balance Benefit Program pursuant to Part 14 (commencing with Section 26000). (3) Service performed on a part-time basis excluded under Section 22601.5 or Section 22604, other than service credited under paragraph (2). (4) Adult education service excluded under Section 22603, as it read on December 31, 1995. (5) Service as a school nurse excluded under Section 22606, as it read on December 31, 1995. (6) Service performed in a position prior to the date the position was made subject to coverage under the Defined Benefit Program. (7) Service subject to coverage under the Defined Benefit Program performed while a member of another California public retirement system, provided the member has ceased to be a member of, and has ceased to be entitled to benefits from, the other retirement system. The member shall not receive credit for the service if the member may redeposit withdrawn contributions and subsequently be eligible for any benefits based upon the same service or based upon other full-time service performed during the same period, from another California public retirement system. (b) A member who requests to purchase service credit under this part for service performed while excluded from membership under the Defined Benefit Program shall pay all of the required contributions for all or the portion of that service for which the member requests to purchase service credit. (c) A member shall not request to purchase service credit for service or time described in paragraphs (1) and (3) to (7), inclusive, of subdivision (a) if, after the request, the member would continue to receive credit for the same service or time in the Cash Balance Benefit Program under Part 14 (commencing with Section 26000) or another public retirement system. (d) A member shall not purchase service credit for any school year if the purchase would result in more than one year of service for that school year. (Amended by Stats. 2021, Ch. 186, Sec. 3. (SB 634) Effective January 1, 2022.)
  144. 22803.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 14. Permissive and Additional Service Credit [22800 - 22811] ( Chapter 14 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    A non-retired member may request to buy service credit for certain listed prior teaching and leave service, but not if that same service is already credited under the Cash Balance Benefit Program or another public 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 14. Permissive and Additional Service Credit [22800 - 22811] ( Chapter 14 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22803. (a) A member, other than a retired member, may request to purchase service credit for any of the following: (1) Service performed in a teaching position in the University of California or California State University that is not covered by another public retirement system. (2) Service performed in a certificated teaching position in a child care center operated by a county superintendent of schools or a school district in this state. (3) Service performed in a teaching position in the California School for the Deaf or the California School for the Blind, or in special classes maintained by the public schools of this state for the instruction of the deaf, the hard of hearing, the blind, or the semisighted. (4) Service performed in a certificated teaching position in a federally supported and administered Indian school in this state. (5) Time served, not to exceed two years, in a certificated teaching position in a job corps center administered by the United States government in this state if the member was employed to perform creditable service subject to coverage under the Defined Benefit Program within one year prior to entering the job corps and returned to employment to perform creditable service subject to coverage under the Defined Benefit Program within six months following the date of termination of service in the job corps. (6) Time served, not to exceed two years, in a teaching position as a member of the Peace Corps if the member was employed to perform creditable service subject to coverage under the Defined Benefit Program within one year prior to entering the Peace Corps and returned to employment to perform creditable service subject to coverage under the Defined Benefit Program within six months following the date of termination of service in the Peace Corps. (7) Time spent on a sabbatical leave, approved by an employer in this state after meeting the requirements of Section 44969. (8) Time spent on an approved leave, approved by an employer in this state, to participate in any program under the federal Mutual Educational and Cultural Exchange Program. (9) Time spent on leave approved by an employer in this state as maternity or paternity leave, not to exceed 24 consecutive months, regardless of whether or not the leave was taken before or after the addition of this subdivision. (10) Time spent on an employer-approved leave based on the guidelines for the Family and Medical Leave Act or the California Family Rights Act, or both, up to a total of 12 workweeks in any 12-month period. (11) Time spent employed by the Board of Governors of the California Community Colleges in a position subject to coverage by the Public Employees’ Retirement System between July 1, 1991, and December 31, 1997, provided the member has elected to return to coverage under the State Teachers’ Retirement System pursuant to Section 20309 of the Government Code. (b) In no event shall the member receive credit for service or time described in paragraphs (1) to (11), inclusive, of subdivision (a) if the member has received or is eligible to receive credit for the same service or time in the Cash Balance Benefit Program under Part 14 (commencing with Section 26000) or another public retirement system. (Amended by Stats. 2010, Ch. 207, Sec. 8. (AB 2260) Effective January 1, 2011.)
  145. 22804.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 14. Permissive and Additional Service Credit [22800 - 22811] ( Chapter 14 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    This section defines when there is a “war with a foreign power” for 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 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 14. Permissive and Additional Service Credit [22800 - 22811] ( Chapter 14 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22804. For the purposes of this chapter, war with a foreign power exists under any of the following conditions: (a) Whenever Congress has declared war and peace has not been formally restored. (b) Whenever the United States is engaged in active military operations against any foreign power, whether or not war has been formally declared. (c) Whenever the United States is assisting the United Nations, in actions involving the use of armed force, to maintain or restore international peace and security. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.)
  146. 22805.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 14. Permissive and Additional Service Credit [22800 - 22811] ( Chapter 14 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    A member may request service credit for certain military or Red Cross service if the listed conditions are met, but time spent absent without compensation is not included.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 14. Permissive and Additional Service Credit [22800 - 22811] ( Chapter 14 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22805. (a) A member may request to receive credit under this part for time served in the active military service of the United States or of this state, including active service in any uniformed auxiliary to any branch of that military service authorized as an auxiliary by Congress or the Legislature, or in the full-time paid service of the American Red Cross prior to September 1957, if both of the following conditions exist: (1) The time served was during war with any foreign power or during other national emergency, or in time of peace if the member was drafted for that service by the United States government. (2) The member was employed to perform creditable service subject to coverage under the Defined Benefit Program within one year prior to entering that service. Time included under this section shall be considered as served in the state in which the member was last employed before entering that service. (b) Time during which the member was absent without compensation for other cause, on leave or otherwise, shall not be included. (Amended by Stats. 2009, Ch. 304, Sec. 9. (SB 634) Effective January 1, 2010.)
  147. 22806.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 14. Permissive and Additional Service Credit [22800 - 22811] ( Chapter 14 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    A qualifying retired member may elect up to four years of military or Merchant Marine service credit, but must pay the related administrative and contribution costs if they elect coverage.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 14. Permissive and Additional Service Credit [22800 - 22811] ( Chapter 14 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22806. (a) A member who retired on or after December 31, 1981, may elect to receive credit under this part, of not to exceed four years, for time served of not less than one year, prior to membership in the Defined Benefit Program, in the Armed Forces of the United States or in the Merchant Marine of the United States. Service credit shall not be granted if that service terminated with a discharge under dishonorable conditions. The service credit to be accorded pursuant to this section for that service shall be on the basis of one year of credit for each five years of credited service, but shall not exceed a total of four years of service credit regardless of the number of years of either that service or subsequent service. A member electing to receive credit under this part for that service shall have been credited with at least 10 years of service on the date of election. (b) A member who elects to become subject to this section shall pay all reasonable administrative costs and contributions, sufficient to cover the total employer and employee cost plus interest of the military service credit, to be calculated in a manner consistent with other permissive service credit purchases in this chapter, as determined by the board. (c) This section shall not apply to a member who is receiving either of the following: (1) Military retirement pay based on 20 or more years of active duty with the Armed Forces of the United States, except for credit toward military retirement pay that is earned by a combination of active duty and nonactive duty with a reserve component of the Armed Forces of the United States and where the retirement pay is payable only upon the attainment of a specified age. (2) Disability retirement pay that is paid by one of the Armed Forces of the United States, except for a member who is receiving disability compensation from the Veterans Administration and is not receiving retirement pay from one of the Armed Forces of the United States. (d) A member shall not receive credit for service or time under this section if the member has received or is eligible to receive credit for the same service or time in the Cash Balance Benefit Program under Part 14 (commencing with Section 26000) or in another public retirement system. (e) The board has no duty to locate or notify any member or to provide the name or address of any member, agency, or entity for the purpose of notifying those persons. (Amended by Stats. 2022, Ch. 196, Sec. 1. (SB 1402) Effective January 1, 2023.)
  148. 22807.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 14. Permissive and Additional Service Credit [22800 - 22811] ( Chapter 14 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    Certain Defined Benefit Program members cannot get service credit for military service during an extension of enlistment or similar term, and the credit for military service is capped at four years after June 30, 1998 unless Chapter 14.5 authorizes 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 14. Permissive and Additional Service Credit [22800 - 22811] ( Chapter 14 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22807. (a) A member of the Defined Benefit Program who voluntarily requests or agrees to an extension of his or her original term of enlistment, service, or tour of duty shall not receive credit under this part for time served during the extension of military service after December 31, 1958. (b) In no event shall a member receive credit for more than four years of military service performed after June 30, 1998, except where otherwise authorized in accordance with Chapter 14.5 (commencing with Section 22850). (Amended by Stats. 1998, Ch. 965, Sec. 95. Effective January 1, 1999.)
  149. 22808.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 14. Permissive and Additional Service Credit [22800 - 22811] ( Chapter 14 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    Members of the Defined Benefit Program do not have to pay certain contributions to receive service credit under Section 22805 if one of the listed service-and-return-to-work conditions is met. Employers of such members also do not have to make the Chapter 16 contributions referenced here.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 14. Permissive and Additional Service Credit [22800 - 22811] ( Chapter 14 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22808. A member of the Defined Benefit Program shall not be required to pay contributions under this part to receive credit for service under Section 22805 under any of the following conditions: (a) The service was performed after September 15, 1940, and the member returned to employment subject to coverage under the Defined Benefit Program prior to March 19, 1948. (b) The service was performed prior to January 1, 1950, and the member was continuously performing the service prior to that date and returned to employment subject to coverage under the Defined Benefit Program within six months following the termination of the service. (c) The service was performed prior to September 14, 1978, and the member entered that service after December 31, 1949, and returned to employment subject to coverage under the Defined Benefit Program within six months following the termination of the service. (d) The service was performed prior to January 1, 1992, and the member entered that service after August 1, 1990, and retired or returned to employment subject to coverage under the Defined Benefit Program and earned additional service credit within six months following the termination of that service or within six months after the completion of any period of rehabilitation offered by the United States government, excluding rehabilitation solely for educational purposes. Notwithstanding Section 22250, 22251, or 22253, employers of members subject to this section shall not be required to make the contributions required by Chapter 16 (commencing with Section 22950). (Amended by Stats. 1998, Ch. 965, Sec. 96. Effective January 1, 1999.)
  150. 22809.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 14. Permissive and Additional Service Credit [22800 - 22811] ( Chapter 14 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    A Defined Benefit Program member may elect service credit for qualifying teaching service in a war relocation center if the 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 14. Permissive and Additional Service Credit [22800 - 22811] ( Chapter 14 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22809. A member of the Defined Benefit Program may elect to receive credit under this part for teaching service performed within and outside of this state in a war relocation center administered by the Wartime Civil Control Administration if all of the following conditions exist: (a) By reason of the member’s Japanese ancestry the member was placed in a war relocation center prior to becoming a member of the Defined Benefit Program. (b) The member earned compensation for service in a teaching capacity in the relocation center. (c) The member possessed a valid California teaching credential issued by the State Department of Education or had a bachelor’s degree in education from a California postsecondary institution. (Amended by Stats. 1998, Ch. 965, Sec. 97. Effective January 1, 1999.)
  151. 22810.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 14. Permissive and Additional Service Credit [22800 - 22811] ( Chapter 14 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    Certain Defined Benefit Program members may elect service credit for specified prior service performed outside California before July 1, 1944, but not if that same service is credited or creditable in another 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 14. Permissive and Additional Service Credit [22800 - 22811] ( Chapter 14 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22810. (a) Any member of the Defined Benefit Program, who was a member of the program on June 30, 1944, may elect to receive credit under this part for the following service performed prior to July 1, 1944, in other states, territories, or possessions of the United States, or in Canada: (1) Service in a teaching position that in this state would be subject to coverage under the Defined Benefit Program. (2) Service in a teaching position in a publicly supported and administered university or college. (3) Service in a teaching position with the Civilian Conservation Corps or in an Indian school supported and administered by the United States government. (4) Service in a publicly supported residential school for the deaf or the blind. (b) In no event shall the member receive credit for this service if the member has received or is eligible to receive credit for the same service in another retirement system. (Amended by Stats. 1998, Ch. 965, Sec. 98. Effective January 1, 1999.)
  152. 22811.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 14. Permissive and Additional Service Credit [22800 - 22811] ( Chapter 14 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    Members may transfer eligible retirement-plan funds into the Teachers’ Retirement Fund to buy service credit or redeposit refunded contributions, subject to board terms and applicable 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 14. Permissive and Additional Service Credit [22800 - 22811] ( Chapter 14 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22811. Pursuant to terms and conditions established by the board, members may transfer funds from eligible retirement plans into the Teachers’ Retirement Fund to purchase service credit or redeposit previously refunded contributions pursuant to this chapter, Chapter 14.2 (commencing with Section 22820), Chapter 14.5 (commencing with Section 22850), and Chapter 19 (commencing with Section 23200), to the extent that the transfer is allowable under, and is completed in a manner prescribed by, applicable federal and state law and any related regulations. (Added by Stats. 2001, Ch. 803, Sec. 7. Effective January 1, 2002.)
  153. 22820.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 14.2. Out-of-State Service Credit [22820 - 22829] ( Chapter 14.2 added by Stats. 1997, Ch. 569, Sec. 2. )

    Verify source ↗

    A non-retired member may request to buy out-of-state service credit, subject to limits and restrictions.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 14.2. Out-of-State Service Credit [22820 - 22829] ( Chapter 14.2 added by Stats. 1997, Ch. 569, Sec. 2. ) ## 22820. (a) A member, other than a retired member, may request to purchase out-of-state service credit for any of the following: (1) Service performed in a position while employed by a public educational institution located in another state or territory of the United States. (2) Educational service performed as an employee of the United States. (3) Service performed as an employee of an educational institution located outside of the United States and its territories that receives a portion of its funding from any foreign or domestic public sources and provides a level of education comparable to kindergarten and grades 1 to 12, inclusive, as determined by the applicable law of the jurisdiction in which the educational institution is located. (4) As an employee of an educational institution that receives funds under Section 2701 of Title 22 of the United States Code. (b) The member may not receive credit for this service if the member retains or is eligible to receive credit for the same service in the Cash Balance Benefit Program under Part 14 (commencing with Section 26000) or another public retirement system, excluding social security. (c) The amount of out-of-state service credit a member may purchase may not exceed the number of years of service performed by the member in a position described in subdivision (a). (d) Out-of-state service credit may be purchased under this section by means of any of the following actions: (1) Paying an amount equal to the amount refunded from the other public retirement system and receiving service credit under the Defined Benefit Program pursuant to subdivision (a) of Section 22823. (2) Paying the contributions required under the Defined Benefit Program pursuant to subdivision (a) of Section 22823 for the service credited in the other public retirement system. (3) Paying an amount equal to the amount refunded from the other public retirement system and an additional amount in accordance with subdivision (a) of Section 22823 for the service credited in the other public retirement system. (4) Paying the contributions required under the Defined Benefit Program pursuant to subdivision (a) of Section 22823 for the service not credited to a public retirement system. (e) Compensation for out-of-state service may not be used in determining the highest average annual compensation earnable when calculating final compensation. (f) The service credit purchased under this section may not be used to meet the eligibility requirements for benefits provided under Sections 24001 and 24101. (Amended by Stats. 2009, Ch. 304, Sec. 10. (SB 634) Effective January 1, 2010.)
  154. 22821.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 14.2. Out-of-State Service Credit [22820 - 22829] ( Chapter 14.2 added by Stats. 1997, Ch. 569, Sec. 2. )

    Verify source ↗

    A member requesting to buy out-of-state service credit must submit the request in writing and include whatever information the board 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 14.2. Out-of-State Service Credit [22820 - 22829] ( Chapter 14.2 added by Stats. 1997, Ch. 569, Sec. 2. ) ## 22821. A member’s request to purchase out-of-state service credit pursuant to this chapter shall be submitted in writing and shall include information as required by the board. (Amended by Stats. 2009, Ch. 304, Sec. 11. (SB 634) Effective January 1, 2010.)
  155. 22822.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 14.2. Out-of-State Service Credit [22820 - 22829] ( Chapter 14.2 added by Stats. 1997, Ch. 569, Sec. 2. )

    Verify source ↗

    A member may request to purchase out-of-state service credit, but only before the effective date of a family, survivor, disability, or retirement 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 14.2. Out-of-State Service Credit [22820 - 22829] ( Chapter 14.2 added by Stats. 1997, Ch. 569, Sec. 2. ) ## 22822. A request pursuant to Section 22820 to purchase out-of-state service credit may be made by a member any time prior to the effective date of a family, survivor, disability, or retirement allowance. (Amended by Stats. 2009, Ch. 304, Sec. 12. (SB 634) Effective January 1, 2010.)
  156. 22823.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 14.2. Out-of-State Service Credit [22820 - 22829] ( Chapter 14.2 added by Stats. 1997, Ch. 569, Sec. 2. )

    Verify source ↗

    A member who asks to buy out-of-state service credit must pay all related contributions before retirement, using the contribution rate for additional service credit adopted by the board in effect on the request 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 14.2. Out-of-State Service Credit [22820 - 22829] ( Chapter 14.2 added by Stats. 1997, Ch. 569, Sec. 2. ) ## 22823. A member who requests to purchase out-of-state service credit pursuant to Section 22820 shall pay, prior to retirement, all contributions with respect to that service at the contribution rate for additional service credit adopted by the board as a plan amendment, in effect on the date of the request, in accordance with subdivisions (a), (f), (g), and (h) of Section 22801. (Amended by Stats. 2009, Ch. 304, Sec. 13. (SB 634) Effective January 1, 2010.)
  157. 22824.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 14.2. Out-of-State Service Credit [22820 - 22829] ( Chapter 14.2 added by Stats. 1997, Ch. 569, Sec. 2. )

    Verify source ↗

    This chapter does not apply if applying it would require an action that conflicts with Section 415 of the Internal Revenue Code of 1968.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 14.2. Out-of-State Service Credit [22820 - 22829] ( Chapter 14.2 added by Stats. 1997, Ch. 569, Sec. 2. ) ## 22824. No provision of this chapter shall apply to the extent it would require any action to be taken that would create a conflict with Section 415 of the Internal Revenue Code of 1968 (Title 26 of the United States Code). (Added by Stats. 1997, Ch. 569, Sec. 2. Effective January 1, 1998. Section operative January 1, 1999, pursuant to Section 22825.)
  158. 22825.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 14.2. Out-of-State Service Credit [22820 - 22829] ( Chapter 14.2 added by Stats. 1997, Ch. 569, Sec. 2. )

    Verify source ↗

    Chapter 14.2 becomes operative on January 1, 1999.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 14.2. Out-of-State Service Credit [22820 - 22829] ( Chapter 14.2 added by Stats. 1997, Ch. 569, Sec. 2. ) ## 22825. This chapter shall become operative on January 1, 1999. (Added by Stats. 1997, Ch. 569, Sec. 2. Effective January 1, 1998. Note: This section prescribes a delayed operative date (January 1, 1999) for Chapter 14.2, commencing with Section 22820.)
  159. 22826.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 14.2. Out-of-State Service Credit [22820 - 22829] ( Chapter 14.2 added by Stats. 1997, Ch. 569, Sec. 2. )

    Verify source ↗

    A non-retired member may request to buy up to five years of nonqualified service credit if vested in the Defined Benefit Program, and must pay the actuarial cost plus appropriate interest to the 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 14.2. Out-of-State Service Credit [22820 - 22829] ( Chapter 14.2 added by Stats. 1997, Ch. 569, Sec. 2. ) ## 22826. (a) A member, other than a retired member, may request to purchase up to five years of nonqualified service credit provided the member is vested in the Defined Benefit Program as provided in Section 22156. (b) A member who requests to purchase nonqualified service credit as provided in this chapter shall contribute to the retirement fund the actuarial cost of the service, including interest as appropriate, as determined by the board based on the most recent valuation of the plan with respect to the Defined Benefit Program in effect on the date of the request, in accordance with subdivisions (a), (f), (g), and (h) of Section 22801. (c) This section shall apply only to an application to purchase nonqualified service credit on a properly executed form provided by the system and received at the system’s headquarters office prior to January 1, 2013, that is subsequently approved by the system. (Amended by Stats. 2014, Ch. 755, Sec. 21. (SB 1220) Effective January 1, 2015.)
  160. 22827.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 14.2. Out-of-State Service Credit [22820 - 22829] ( Chapter 14.2 added by Stats. 1997, Ch. 569, Sec. 2. )

    Verify source ↗

    Some retired members may elect to buy out-of-state service credit, but only for specified service and subject to limits.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 14.2. Out-of-State Service Credit [22820 - 22829] ( Chapter 14.2 added by Stats. 1997, Ch. 569, Sec. 2. ) ## 22827. (a) A member who retired for service between June 1, 2007, and December 31, 2007, inclusive, may elect to purchase credit for out-of-state service for either of the following: (1) Service performed as an employee of an educational institution located outside of the United States and its territories that receives a portion of its funding from any foreign or domestic public sources and provides a level of education comparable to kindergarten and grades 1 to 12, inclusive, as determined by the applicable law of the jurisdiction in which the educational institution is located. (2) As an employee of an educational institution that receives funds under Section 2701 of Title 22 of the United States Code. (b) The member may not receive credit for service pursuant to this section if the member retains or is eligible to receive credit for the same service in the Cash Benefit Program under Part 14 (commencing with Section 26000) or another public retirement system, excluding social security. (c) The amount of service for which a member may purchase credit may not exceed the number of years of service performed by the member in a position described in subdivision (a) prior to that member’s effective retirement date. (d) Compensation for out-of-state service may not be used in determining the highest average annual compensation earnable when calculating final compensation. (e) The service credit purchased pursuant to this section may not be used to meet the eligibility requirements for benefits provided pursuant to Sections 24001 and 24101. (Added by Stats. 2008, Ch. 494, Sec. 2. Effective January 1, 2009.)
  161. 22828.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 14.2. Out-of-State Service Credit [22820 - 22829] ( Chapter 14.2 added by Stats. 1997, Ch. 569, Sec. 2. )

    Verify source ↗

    A request to buy out-of-state service credit under Section 22827 had to be received by June 30, 2009.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 14.2. Out-of-State Service Credit [22820 - 22829] ( Chapter 14.2 added by Stats. 1997, Ch. 569, Sec. 2. ) ## 22828. A request to purchase out-of-state service credit pursuant to Section 22827 must be received no later than June 30, 2009. (Amended by Stats. 2014, Ch. 755, Sec. 22. (SB 1220) Effective January 1, 2015.)
  162. 22829.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 14.2. Out-of-State Service Credit [22820 - 22829] ( Chapter 14.2 added by Stats. 1997, Ch. 569, Sec. 2. )

    Verify source ↗

    A member who elects out-of-state service credit must pay the required contributions, generally in a lump sum, and the system must adjust the benefit allowance accordingly.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 14.2. Out-of-State Service Credit [22820 - 22829] ( Chapter 14.2 added by Stats. 1997, Ch. 569, Sec. 2. ) ## 22829. (a) This section applies only to a member who elects to receive out-of-state service credit pursuant to Section 22827. (b) The member shall pay all contributions with respect to that service at the contribution rate for additional service credit adopted by the board as a plan amendment in effect at the time of election. (c) Contributions shall be based upon the member’s age at the date of the election and upon compensation earnable in the last school year of credited service or either of the two immediately preceding school years, whichever is highest. (d) Any payment that a member may make to the system to obtain credit for out-of-state service shall be paid in full before a member or beneficiary may receive any adjustment in the appropriate allowance due date because of that payment. (e) The system shall make any appropriate adjustments to the member’s benefit allowance to reflect the purchase of additional service retroactive to the effective date of retirement. (f) Contributions for out-of-state service credit shall be made in a lump sum. (g) If the payment election described in subdivision (b) is not received at the system’s headquarters office within 30 days of receiving a bill for this purchase from the system, the election shall be canceled. (h) If the election to purchase out-of-state service is canceled as described in subdivision (g), the member may, prior to June 30, 2009, make a new election to purchase out-of-state service pursuant to this section. (Amended by Stats. 2013, Ch. 558, Sec. 14. (AB 1379) Effective January 1, 2014.)
  163. 22850.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 14.5. Military Service [22850 - 22856] ( Chapter 14.5 added by Stats. 1996, Ch. 680, Sec. 2. )

    Verify source ↗

    The system must follow federal Chapter 43 rules for this retirement program, and benefits generally do not accrue during uniformed service if the member does not return to work with the same employer, subject to Section 22851.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 14.5. Military Service [22850 - 22856] ( Chapter 14.5 added by Stats. 1996, Ch. 680, Sec. 2. ) ## 22850. (a) The Legislature hereby declares its intent to provide benefits under this part to reemployed members who have been absent from a position of employment subject to coverage under the Defined Benefit Program to perform service in the uniformed services of the United States in accordance with the Uniformed Services Employment and Reemployment Rights Act of 1994 (Chapter 43 (commencing with Section 4301) of Title 38 of the United States Code). (b) The system shall comply with Chapter 43 (commencing with Section 4301) of Title 38 of the United States Code, as that chapter may be amended from time to time. (c) “Service in the uniformed services,” for purposes of determining plan vesting, eligibility for membership, and accrual of benefits, means the performance of duty on a voluntary or involuntary basis in a uniformed service under competent authority and includes active duty, active duty for training, initial active duty for training, inactive duty training, a period for which a member is absent from a position of employment for the purpose of an examination to determine the fitness of the member to perform any duty, and the period of time following the actual service in the uniformed service through the last day a member is eligible to report back to work or to apply for reemployment as specified under Section 1002.259 of Title 20 of the Code of Federal Regulations. (d) “Uniformed services” means the Armed Forces of the United States of America, the Army National Guard and the Air National Guard when engaged in active duty for training, inactive duty training, or full-time National Guard duty, the commissioned corps of the United States Public Health Service, and any other category of persons designated by the President in time of war or emergency. (e) Except as provided in Section 22851, no benefit shall accrue during the period of service in the uniformed services if the member does not return to employment, with the same employer which had employed the member immediately prior to the eligible period of service in the uniformed services, as prescribed in Chapter 43 (commencing with Section 4301) of Title 38 of the United States Code. (Amended by Stats. 2016, Ch. 218, Sec. 18. (SB 1352) Effective January 1, 2017.)
  164. 22851.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 14.5. Military Service [22850 - 22856] ( Chapter 14.5 added by Stats. 1996, Ch. 680, Sec. 2. )

    Verify source ↗

    This section sets how military-service periods affect pension rights, service credit, and member contributions for certain reemployed or deceased members.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 14.5. Military Service [22850 - 22856] ( Chapter 14.5 added by Stats. 1996, Ch. 680, Sec. 2. ) ## 22851. The right to pension benefits under this part of a member who dies or who returns to employment with the same employer which had employed the member immediately prior to the eligible period of service in the uniformed services, and is subject to Chapter 43 (commencing with Section 4301) of Title 38 of the United States Code shall be determined under this section. (a) (1) A reemployed or deceased member shall be treated as not having incurred a break in service by reason of that member’s eligible period or periods of service in the uniformed services. (2) (A) Each eligible period of service served by a member in the uniformed services shall, upon return to employment, with the same employer which had employed the member immediately prior to the eligible period of service in the uniformed services, or upon death, be deemed to constitute service with the employer or employers toward plan vesting and eligibility for membership in the Defined Benefit Program. Service that is deemed to the member pursuant to this subparagraph shall not be used for benefit calculations. (B) In cases of death during qualified military service or if a member fails to remit the member contributions that would have been required in respect of the eligible period of service in the uniformed services, service shall be used exclusively for plan vesting and eligibility for membership purposes. Service that is deemed to the member pursuant to this subparagraph shall not be used for benefit calculations. (3) (A) Each eligible period of service served by a member in the uniformed services shall, upon his or her payment of the member contributions required under this part, be deemed to constitute service for the purposes of accruing benefits in the Defined Benefit Program and the Defined Benefit Supplement Program. (B) A member who returns to employment, with the same employer which had employed the member immediately prior to the eligible period of service in the uniformed services shall not be entitled to any benefits under this part in respect of service in the uniformed services to which the member would not otherwise have been entitled had the member remained continuously employed and not undertaken such service in the uniformed services. (b) For purposes of accruing benefits in the Defined Benefit Program and Defined Benefit Supplement Program, a member who returns to employment with the same employer which had employed the member immediately prior to the eligible period of service in the uniformed services shall be entitled to service credit, compensation earnable, contributions, interest, and additional earnings credits under this part for the eligible period of service in the uniformed services upon his or her payment of the member contributions required under Section 22901 and Section 22901.7, if applicable, that otherwise would have been due for such period of service had the member remained continuously employed and not undertaken such service in the uniformed services. No such payment of member contributions may exceed the amount the member would have been required to contribute under this part had the member not served in the uniformed services and had remained continuously employed by the employer throughout the eligible period of service in the uniformed services. If a member fails to remit the member contributions that would have been required under Section 22901 and Section 22901.7 if applicable, in respect of the eligible period of service in the uniformed services no benefits shall be provided under this part for the period to which the omitted contributions relate. (c) Any payment of member contributions to the Defined Benefit Program or the Defined Benefit Supplement Program in this section shall be made by the member during the period beginning with the date of return to employment and may continue for three times the period of the member’s eligible service in the uniformed services, not to exceed five years. Any payment of member contributions to the Defined Benefit Program in this section by a member who returned to employment prior to January 1, 1997, and qualifies for benefits in accordance with the federal Uniformed Services Employment and Reemployment Rights Act of 1994 (38 U.S.C. Secs. 4301 to 4335, incl.) shall be made by the member during the period beginning with the date of notification of eligibility by the employer to the system and may continue for three times the period of the member’s eligible service in the uniformed services, not to exceed five years. Any subsequent request to purchase service credit for this service shall be subject to the provisions of Chapter 14 (commencing with Section 22800). If all contributions due under this part are not paid to the plan with respect to the Defined Benefit Program within the specified repayment period and in accordance with subdivision (b), the member shall be entitled to the benefits attributable to the contributions received or may request a return of his or her payments. Credited interest on member contributions made for the eligible period of service in the uniformed services shall not be credited under this part until after the contributions due are paid and then only prospectively to the member’s account in accordance with Section 22216. For the Defined Benefit Supplement Program, contributions, interest, and additional earnings credits the member would have earned had the member remained continuously employed during the period of eligible service in the uniformed services shall be credited retroactively after all contributions due are paid. (Amended by Stats. 2016, Ch. 218, Sec. 19. (SB 1352) Effective January 1, 2017.)
  165. 22852.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 14.5. Military Service [22850 - 22856] ( Chapter 14.5 added by Stats. 1996, Ch. 680, Sec. 2. )

    Verify source ↗

    An employer that reemploys a qualifying member must report the reemployment to the system, pay required employer contributions, and remit those contributions on 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 14.5. Military Service [22850 - 22856] ( Chapter 14.5 added by Stats. 1996, Ch. 680, Sec. 2. ) ## 22852. (a) An employer reemploying a member of the Defined Benefit Program with service subject to the requirements of Chapter 43 (commencing with Section 4301) of Title 38 of the United States Code shall be liable to the plan for the employer contributions under this part, provided that employer was the last employer employing the member immediately prior to the period served by the member in the uniformed services. (b) For purposes of determining the amount of that liability under this part and any obligation to the plan with respect to the Defined Benefit Program, interest shall not be included in the liability to the plan. (c) Subject to subdivision (e), the employer shall pay the employer contributions for the eligible period of service in the uniformed services that would have been required under Sections 22950, 22950.5, and 22951 had the member remained continuously employed during that period of eligible service in the uniformed services. (d) In addition to any amount required pursuant to subdivision (c), the employer shall pay the full cost of any interest and additional earnings credits credited to the member’s Defined Benefit Supplement account pursuant to subdivision (b) of Section 22851. (e) The employer shall not be liable for employer contributions under this part for the eligible period of service in the uniformed services to the extent that the member fails to remit the member contributions for that period. (f) The employer shall provide information regarding the reemployment of a member who is subject to Chapter 43 (commencing with Section 4301) of Title 38 of the United States Code on a form prescribed by the system within 30 days of the date of reemployment. (g) Employers shall remit to the plan with respect to the Defined Benefit Program and the Defined Benefit Supplement Program, the employer contributions required under subdivisions (c) and (d) within 60 working days of the date the system notifies the employer of the amount of contributions due with respect to the member who elects to remit the member contributions for the eligible period of service in the uniformed services. (h) If the employee does not comply with subdivision (b) of Section 22851 within the time period specified, the employer contributions that were remitted for that period shall be adjusted pursuant to Section 23008. (Amended by Stats. 2016, Ch. 218, Sec. 20. (SB 1352) Effective January 1, 2017.)
  166. 22853.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 14.5. Military Service [22850 - 22856] ( Chapter 14.5 added by Stats. 1996, Ch. 680, Sec. 2. )

    Verify source ↗

    This section sets how to calculate creditable compensation for service in the uniformed services.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 14.5. Military Service [22850 - 22856] ( Chapter 14.5 added by Stats. 1996, Ch. 680, Sec. 2. ) ## 22853. For purposes of this chapter, creditable compensation during the period of service in the uniformed services shall be computed as follows: (a) The creditable compensation the member would have received for the eligible period of service had the member remained continuously employed. (b) In the event the creditable compensation is not reasonably certain, creditable compensation shall be based on the member’s average creditable compensation during the 12-month period immediately preceding the eligible period of service in the uniformed services or, if shorter, the period of employment immediately preceding that period of service. (Amended by Stats. 2016, Ch. 218, Sec. 21. (SB 1352) Effective January 1, 2017.)
  167. 22853.5.

    ## 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 14.5. Military Service [22850 - 22856] ( Chapter 14.5 added by Stats. 1996, Ch. 680, Sec. 2. )

    Verify source ↗

    This section explains how to calculate compensation earnable for service in the uniformed services.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 14.5. Military Service [22850 - 22856] ( Chapter 14.5 added by Stats. 1996, Ch. 680, Sec. 2. ) ## 22853.5. For purposes of this chapter, compensation earnable during the period of service in the uniformed services shall be computed as follows: (a) The compensation earnable that would have been applicable for the eligible period of service had the member remained continuously employed. (b) In the event the compensation earnable that would have been applicable is not reasonably certain, compensation earnable shall be based on the member’s compensation earnable earned during the 12-month period immediately preceding the eligible period of service in the uniformed services or, if shorter, the period of employment immediately preceding that period of service prorated over the period of service in the uniformed services. (Amended by Stats. 2016, Ch. 218, Sec. 22. (SB 1352) Effective January 1, 2017.)
  168. 22854.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 14.5. Military Service [22850 - 22856] ( Chapter 14.5 added by Stats. 1996, Ch. 680, Sec. 2. )

    Verify source ↗

    A reemployed member generally cannot get benefits or credit for vesting or membership eligibility for more than five years of uniformed service absence, unless one of the listed exceptions applies.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 14.5. Military Service [22850 - 22856] ( Chapter 14.5 added by Stats. 1996, Ch. 680, Sec. 2. ) ## 22854. A reemployed member who has been absent from a position of employment subject to coverage under the Defined Benefit Program to perform service in the uniformed services, pursuant to Section 22850, for a period in excess of five years shall not be entitled to benefits or credit for plan vesting or eligibility for membership purposes under this chapter for an amount exceeding five years, except where the service in the uniformed services has exceeded five years for the following reasons: (a) The member is required to serve beyond five years to complete an initial period of obligated service. (b) The member was unable to obtain orders releasing the member from a period of service in the uniformed services before the expiration of the five-year period and that inability was through no fault of the member. (c) The member served in the uniformed services as required pursuant to Section 270 of Title 10 of the United States Code, Section 502(a) or 503 of Title 32 of the United States Code, or to fulfill additional training requirements determined and certified in writing by the Secretary of Defense, to be necessary for professional development, or for completion of skill training or retraining. (d) The member is ordered to do any of the following: (1) Ordered to or retained on active duty under Section 672(a), 672(g), 673, 673(b), 673(c), or 688 of Title 10 of the United States Code or under Section 331, 332, 359, 360, 367, or 712 of Title 14 of the United States Code. (2) Ordered to or retained on active duty, other than for training, under any provision of law during a war or during a national emergency declared by the President or the Congress. (3) Ordered to active duty, other than for training, in support, as determined by the secretary concerned, of an operational mission for which personnel have been ordered to active duty under Section 673(b) of Title 10 of the United States Code. (4) Ordered to active duty in support, as determined by the secretary concerned, of a critical mission or requirement of the uniformed services. (5) Called into federal service as a member of the National Guard under Chapter 15 (commencing with Section 331) of Title 10 of the United States Code or under Section 3500 or 8500 of Title 10 of the United States Code. (Amended by Stats. 2016, Ch. 218, Sec. 23. (SB 1352) Effective January 1, 2017.)
  169. 22855.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 14.5. Military Service [22850 - 22856] ( Chapter 14.5 added by Stats. 1996, Ch. 680, Sec. 2. )

    Verify source ↗

    A member of the Defined Benefit Program loses the right to these benefits if certain military service separations 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 14.5. Military Service [22850 - 22856] ( Chapter 14.5 added by Stats. 1996, Ch. 680, Sec. 2. ) ## 22855. A member of the Defined Benefit Program shall have no right to the benefits under this part otherwise accorded under this chapter in respect of service in the uniformed services upon the occurrence of any of the following events: (a) A separation of the member from the uniformed service with a dishonorable or bad conduct discharge. (b) A separation of the member from the uniformed service under other than honorable conditions, as characterized pursuant to regulations prescribed by the secretary concerned. (c) A dismissal of the member permitted under Section 1161(a) of Title 10 of the United States Code. (d) A dropping of the member from the rolls pursuant to Section 1161(b) of Title 10 of the United States Code. (Amended by Stats. 1998, Ch. 965, Sec. 106. Effective January 1, 1999.)
  170. 22856.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 14.5. Military Service [22850 - 22856] ( Chapter 14.5 added by Stats. 1996, Ch. 680, Sec. 2. )

    Verify source ↗

    This chapter does not apply if applying it would require action that causes adverse tax consequences under the federal tax 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 14.5. Military Service [22850 - 22856] ( Chapter 14.5 added by Stats. 1996, Ch. 680, Sec. 2. ) ## 22856. No provision of this chapter shall apply to the extent it would require any action to be taken that would cause the plan or its members under this part to incur adverse tax consequences under the Internal Revenue Code of 1986 (Title 26 of the United States Code). (Amended by Stats. 1998, Ch. 965, Sec. 107. Effective January 1, 1999.)
  171. 229.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 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 section says the article does not require an educational institution to give preferential or different treatment to one sex because of participation imbalances, and it allows statistical evidence of such imbalances to be considered in hearings or proceedings under the article.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 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. ) ## 229. Nothing contained in this article shall be construed to require any educational institution to grant preferential or disparate treatment to the members of one sex on account of an imbalance which may exist with respect to the total number or percentage of persons of that sex participating in, or receiving the benefits of, any state supported program or activity, in comparison with the total number or percentage of persons of that sex in any community, district, or other area. However, this section shall not be construed to prevent the consideration in any hearing or proceeding under this article of statistical evidence which tends to show that such an imbalance exists with respect to the participation in, or receipt of the benefits of, any state-supported program or activity by the members of one sex. (Added by Stats. 1982, Ch. 1117, Sec. 1.)
  172. 22900.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 15. Employee Contributions [22900 - 22909] ( Chapter 15 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    A person who accepts employment to perform creditable service consents to make required 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 15. Employee Contributions [22900 - 22909] ( Chapter 15 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22900. By accepting employment to perform creditable service, a person consents to make contributions pursuant to Sections 22901 and 22901.7 for service and compensation credited under this part. (Amended by Stats. 2015, Ch. 123, Sec. 13. (AB 991) Effective January 1, 2016.)
  173. 22901.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 15. Employee Contributions [22900 - 22909] ( Chapter 15 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    Members of the Defined Benefit Program must contribute 8% of creditable compensation to the retirement fund, unless they are subject to PEPRA 2013; those members contribute under a different percentage formula.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 15. Employee Contributions [22900 - 22909] ( Chapter 15 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22901. (a) Each member of the Defined Benefit Program shall contribute to the retirement fund an amount equivalent to 8 percent of the member’s creditable compensation, unless he or she is a member subject to the California Public Employees’ Pension Reform Act of 2013. (b) Each member subject to the California Public Employees’ Pension Reform Act of 2013 shall contribute to the retirement fund an amount equivalent to the percentage of the member’s creditable compensation calculated as follows: (1) An initial percentage equal to 50 percent of the normal cost rate of benefits applicable to members subject to the California Public Employees’ Pension Reform Act of 2013, rounded to the nearest quarter of 1 percent. The normal cost rate shall be adopted by the board. (2) Notwithstanding paragraph (1), once established, the percentage described in paragraph (1) shall not be adjusted on account of a change to the normal cost rate, as adopted by the board, unless the normal cost rate increases or decreases by more than 1 percent of payroll above or below the normal cost rate in effect at the time the percentage is first established or, if later, the normal cost rate in effect at the time of the last adjustment. (3) Notwithstanding subdivision (e) of Section 7522.30 of the Government Code, this subdivision shall not be subject to the collective bargaining process. (c) Notwithstanding Section 22905, any member contributions for service performed during the 2010–11 school year with a service period ending after December 31, 2010, shall be credited pursuant to subdivision (a). (Amended by Stats. 2013, Ch. 559, Sec. 15. (AB 1381) Effective January 1, 2014. Deemed operative January 1, 2013, by Sec. 1 of Ch. 559.)
  174. 22901.3.

    ## 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 15. Employee Contributions [22900 - 22909] ( Chapter 15 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    This section lets a memorandum of understanding, or the Director of Human Resources in some cases, set the normal contribution rate for certain Defined Benefit Program members.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 15. Employee Contributions [22900 - 22909] ( Chapter 15 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22901.3. (a) Notwithstanding Section 22901, the normal rate of contribution for a “state employee,” as defined in subdivision (c) of Section 3513 of the Government Code, who is a member of the Defined Benefit Program, may be established by a memorandum of understanding reached pursuant to Section 3517.5 of the Government Code. The memorandum of understanding shall be controlling without further legislative action, except that if the provisions of the memorandum of understanding require the expenditure of funds, the provisions may not become effective unless approved by the Legislature in the annual Budget Act. (b) The Director of Human Resources may establish the normal rate of contribution for a state employee who is a member of the Defined Benefit Program who is excepted from the definition of “state employee” in subdivision (c) of Section 3513 of the Government Code, and an officer or employee of the executive branch of state government who is not a member of the civil service. The normal rate of contribution shall be the same for all members identified in this subdivision. The contribution rate shall be effective the beginning of the pay period indicated by the Director of Human Resources but shall be no earlier than the beginning of the pay period following the date the board receives notification. (Amended by Stats. 2012, Ch. 665, Sec. 7. (SB 1308) Effective January 1, 2013.)
  175. 22901.7.

    ## 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 15. Employee Contributions [22900 - 22909] ( Chapter 15 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    Certain members must pay higher contribution amounts starting July 1, 2014, with additional percentage increases on July 1, 2015 and July 1, 2016.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 15. Employee Contributions [22900 - 22909] ( Chapter 15 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22901.7. (a) Commencing July 1, 2014, the amount of contributions required under subdivision (a) of Section 22901 and Section 22901.3 as it applies to a member who is not subject to the Public Employees’ Pension Reform Act of 2013 shall increase by the percentage of the member’s compensation that is creditable to the Defined Benefit Program as follows: (1) On July 1, 2014, by 0.15 percent. (2) On July 1, 2015, by 1.20 percent. (3) On July 1, 2016, by 2.25 percent. (b) Commencing July 1, 2014, the amount of contributions required under subdivision (b) of Section 22901 and Section 22901.3 as it applies to members who are subject to the Public Employees’ Pension Reform Act of 2013 shall increase by the following percentages of the member’s compensation that is creditable to the Defined Benefit Program as follows: (1) On July 1, 2014, by 0.15 percent. (2) On July 1, 2015, by 0.56 percent. (3) On July 1, 2016, by 1.205 percent. (c) The act adding this section establishes the improvement factor provided pursuant to Sections 22140 and 22141 as a vested benefit pursuant to a contractually enforceable promise and a comparable new advantage in exchange for the contribution increases made pursuant to this section. (Added by Stats. 2014, Ch. 47, Sec. 5. (AB 1469) Effective June 24, 2014. Adding action may become inoperative under conditions prescribed by Stats. 2014, Ch. 47, Sec. 13, subds. (b), (c), and (d).)
  176. 22902.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 15. Employee Contributions [22900 - 22909] ( Chapter 15 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    Members’ retirement contributions and other required contributions must be set at the contribution rates applicable for the years in the relevant period.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 15. Employee Contributions [22900 - 22909] ( Chapter 15 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22902. Members’ accumulated retirement contributions and those other contributions required for credited service under this part shall be in the amounts required based on rates of contribution applicable for the years included in that period. (Amended by Stats. 1998, Ch. 965, Sec. 110. Effective January 1, 1999.)
  177. 22903.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 15. Employee Contributions [22900 - 22909] ( Chapter 15 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    Certain education agencies may pick up employee contributions for tax-deferral purposes if the contributions are deducted from the member’s 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 15. Employee Contributions [22900 - 22909] ( Chapter 15 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22903. Notwithstanding Sections 22901, 22901.3, 22901.7, 22956, and 23000, the state and each school district, community college district, county board of education, and county superintendent of schools, may pick up, for the sole purpose of deferring taxes, as authorized by Section 414(h)(2) of the Internal Revenue Code of 1986 (26 U.S.C. Sec. 414(h)(2)) and Section 17501 of the Revenue and Taxation Code, all of the contributions required to be paid under this part by a member of the Defined Benefit Program, provided that the contributions are deducted from the creditable compensation of the member. (Amended by Stats. 2015, Ch. 123, Sec. 14. (AB 991) Effective January 1, 2016.)
  178. 22904.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 15. Employee Contributions [22900 - 22909] ( Chapter 15 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The state may pay all or part of certain contribution amounts for a state employee in the Defined Benefit Program if those amounts are deducted from the member’s 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 15. Employee Contributions [22900 - 22909] ( Chapter 15 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22904. Notwithstanding any other provision of law, the state may pick up all or a portion of the contributions required to be paid under this part by a state employee who is a member of the Defined Benefit Program, provided that the contributions are deducted from the creditable compensation of the member. The pickup of member contributions shall be through a salary reduction program pursuant to Section 414(h)(2) of the Internal Revenue Code of 1986 (26 U.S.C.A. Sec. 414(h)(2)). These contributions shall be reported as employer-paid member contributions, and shall be credited to the account of the member. (Amended by Stats. 1998, Ch. 965, Sec. 112. Effective January 1, 1999.)
  179. 22906.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 15. Employee Contributions [22900 - 22909] ( Chapter 15 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    If a member’s contributions were tied to service that was wrongly credited under the Defined Benefit Program, those contributions must be returned to the member if they cannot be credited 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 15. Employee Contributions [22900 - 22909] ( Chapter 15 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22906. A member’s contributions that were made with respect to service that was erroneously credited under the Defined Benefit Program shall be returned to the member if the contributions for that service cannot be credited under the Defined Benefit Supplement Program pursuant to this part. (Repealed and added by Stats. 2000, Ch. 1021, Sec. 33. Effective January 1, 2001.)
  180. 22907.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 15. Employee Contributions [22900 - 22909] ( Chapter 15 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    If a member’s recorded birth date is changed after December 31, 1979, the member’s credited retirement contributions must be adjusted to the correct amount.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 15. Employee Contributions [22900 - 22909] ( Chapter 15 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22907. Accumulated retirement contributions credited under this part to the account of a member whose date of birth is changed in the records of the system after December 31, 1979, shall be adjusted to the proper amount based on the correct birth date by either of the following methods: (a) A refund of the excess contributions plus credited interest from the end of the school year in which contributions were overpaid because of the incorrect birth date. (b) Payment by the member of the contributions due to the plan under this part plus regular interest from the end of the school year in which the contributions were underpaid to the date of payment. (Amended by Stats. 1998, Ch. 965, Sec. 114. Effective January 1, 1999.)
  181. 22908.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 15. Employee Contributions [22900 - 22909] ( Chapter 15 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    A member may choose to make annuity deposit contributions if board rules allow it, but the system must not accept new annuity deposit contributions on and after January 1, 1983.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 15. Employee Contributions [22900 - 22909] ( Chapter 15 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22908. (a) Subject to rules prescribed by the board, any member may elect to make annuity deposit contributions for the purpose of providing additional retirement income. However, on and after January 1, 1983, the system shall not accept any annuity deposit contributions. (b) Accumulated annuity deposit contributions may be withdrawn as provided in Section 23107. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.)
  182. 22909.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 15. Employee Contributions [22900 - 22909] ( Chapter 15 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    An employer may pay some or all of a member’s required Defined Benefit Program contributions, but must report them to the system as if both sides paid. The employer also keeps authority to increase, reduce, or stop those payments, subject to this section’s conditions and 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 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 15. Employee Contributions [22900 - 22909] ( Chapter 15 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22909. (a) Notwithstanding Sections 22901, 22956, and 23000, an employer may pay all or a portion of the contributions required to be paid by a member of the Defined Benefit Program. Where the member is included in a group or class of employment in which no members are subject to the California Public Employees’ Pension Reform Act of 2013, the payment shall be for all members in the group or class of employment. The payments shall be credited to member accounts pursuant to Section 22905. The employer shall report contributions to the system as if the member and the employer were paying the contributions in accordance with this part, notwithstanding this section. For purposes of this chapter, the member’s contributions shall be considered to be the percentage of the member’s creditable compensation that would have been paid pursuant to this chapter, notwithstanding this section. Notwithstanding Section 22119.2, contributions paid pursuant to this section may not be included in creditable compensation. (b) Nothing in this section shall be construed to limit the authority of an employer to periodically increase, reduce, or eliminate the payment by the employer of all or a portion of the contributions required to be paid by members of the Defined Benefit Program, as authorized by this section. (c) This section shall only apply to an employer that is picking up members’ contributions pursuant to Section 22903 or 22904. (d) As of January 1, 2013, this section shall not apply if the group or class of employment includes members who are subject to the Public Employees’ Pension Reform Act of 2013. If the terms of a written agreement with an exclusive representative or a written employment agreement that is in effect on January 1, 2013, would be impaired by this subdivision, this subdivision shall not apply to the employer and members subject to that written agreement until the expiration of that written agreement. A renewal, amendment, or any other extension of that written agreement shall be subject to the requirements of this subdivision. (e) As of January 1, 2014, this section shall not apply if the group or class of employment does not include members who are subject to the Public Employees’ Pension Reform Act of 2013. If the terms of a written agreement with an exclusive representative or a written employment agreement that is in effect on January 1, 2014, would be impaired by this subdivision, this subdivision shall not apply to the employer and members subject to that written agreement until the expiration of that written agreement. A renewal, amendment, or any other extension of that written agreement shall be subject to the requirements of this subdivision. (Amended by Stats. 2014, Ch. 755, Sec. 24. (SB 1220) Effective January 1, 2015.)
  183. 22950.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 16. Employer and State Contributions [22950 - 22958] ( Chapter 16 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    Employers must make monthly contributions of 8% of creditable compensation to the system, and the board controls how certain amounts are deposited among the listed funds.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 16. Employer and State Contributions [22950 - 22958] ( Chapter 16 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22950. (a) Employers shall contribute monthly to the system 8 percent of the creditable compensation upon which members’ contributions under this part are based. (b) From the contributions required under subdivision (a), there shall be deposited in the Teachers’ Retirement Fund an amount, determined by the board, that is not less than the amount, determined in an actuarial valuation of the Defined Benefit Program pursuant to Section 22311.5, necessary to finance the liabilities associated with the benefits of the Defined Benefit Program over the funding period adopted by the board, after taking into account the contributions made pursuant to Sections 22901, 22901.7, 22950.5, 22951, 22955, and 22955.1. (c) The amount of contributions required under subdivision (a) that is not deposited in the Teachers’ Retirement Fund pursuant to subdivision (b) shall be deposited directly into the Teachers’ Health Benefits Fund, as established in Section 25930, and shall not be deposited into or transferred from the Teachers’ Retirement Fund. (d) (1) Notwithstanding subdivisions (b) and (c), there may be deposited into the Teachers’ Retirement Program Development Fund, as established in Section 22307.5, from the contributions required under subdivision (a), an amount determined by the board, not to exceed the limit specified in paragraph (2). (2) The balance of deposits into the Teachers’ Retirement Program Development Fund, minus the subsequent transfer of funds, with interest, into the Teachers’ Retirement Fund pursuant to subdivision (e) of Section 22307.5, shall not exceed 0.01 percent of the total of the creditable compensation of the fiscal year ending in the immediately preceding calendar year upon which member’s contributions to the Defined Benefit Program are based. (3) The deposits described in this subdivision shall not be deposited into, or transferred from, the Teachers’ Retirement Fund. (Amended by Stats. 2015, Ch. 123, Sec. 15. (AB 991) Effective January 1, 2016.)
  184. 22950.5.

    ## 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 16. Employer and State Contributions [22950 - 22958] ( Chapter 16 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    This section sets and limits contribution-percentage increases, and gives the board authority to adjust them within stated caps.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 16. Employer and State Contributions [22950 - 22958] ( Chapter 16 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22950.5. (a) Commencing July 1, 2014, the amount of contributions required under subdivision (a) of Section 22950 shall increase by the following percentages of the creditable compensation upon which members’ contributions under the Defined Benefit Program are based: (1) On July 1, 2014, by 0.63 percent. (2) On July 1, 2015, by 2.48 percent. (3) On July 1, 2016, by 4.33 percent. (4) On July 1, 2017, by 6.18 percent. (5) On July 1, 2018, by 8.03 percent. (6) On July 1, 2019, by 9.88 percent. (7) On July 1, 2020, by 10.85 percent. (b) (1) For fiscal year 2021–22 and each fiscal year thereafter, the board shall increase or decrease the percentages paid specified in this section from the percentage paid during the prior fiscal year to reflect the contribution required to eliminate by June 30, 2046, the remaining unfunded actuarial obligation with respect to service credited to members before July 1, 2014, as determined by the board based upon a recommendation from its actuary. (2) If a rate adjustment is required, the percentages authorized in paragraph (1) shall not change in any single fiscal year by more than 1.00 percent of the creditable compensation upon which members’ contributions to the Defined Benefit Program are based. The percentages described in subdivision (a) and as may be adjusted pursuant to this subdivision shall not exceed 12.00 percent of the creditable compensation upon which members’ contributions to the Defined Benefit Program are based, inclusive of the percentages identified in subdivision (a). (3) The board shall not increase the rates in order to supplant the state’s obligation pursuant to Section 22955.1. (c) (1) Except as described in paragraph (2), this section shall become inoperative on July 1, 2046, and as of January 1, 2047, is repealed. (2) Notwithstanding paragraph (1), on July 1 of the first fiscal year after a 30-day notice has been sent to the Joint Legislative Budget Committee and the Controller in compliance with subdivision (d) of Section 22957, this section shall become inoperative and, as of the following January 1, is repealed. (Added by Stats. 2014, Ch. 47, Sec. 7. (AB 1469) Effective June 24, 2014. Section inoperative July 1, 2046, or sooner as prescribed in subd. (c). Repealed on or before January 1, 2047, by its own provisions. Adding action may become inoperative under conditions prescribed by Stats. 2014, Ch. 47, Sec. 13, subds. (b), (c), and (d).)
  185. 22950.6.

    ## 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 16. Employer and State Contributions [22950 - 22958] ( Chapter 16 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The Legislature appropriates $2.246 billion from the General Fund for transfer to the Teachers’ Retirement Fund, and the Department of Finance must give the Controller a transfer schedule.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 16. Employer and State Contributions [22950 - 22958] ( Chapter 16 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22950.6. The Legislature hereby appropriates two billion two hundred forty-six million dollars ($2,246,000,000) from the General Fund for the 2018–19 fiscal year to be transferred to the Teachers’ Retirement Fund for the Defined Benefit Program, consistent with the requirements of this section and at the direction of the Department of Finance. The Department of Finance shall provide the Controller a schedule establishing the timing of specific transfers to be used for these payments. The payment to the Teachers’ Retirement Fund shall be apportioned as follows: (a) A dollar amount to pay in advance, on behalf of employers, part of the contributions required by employers for the 2019–20 fiscal year, such that it will result in employers having to contribute 1.03 percentage points less in the 2019–20 fiscal year than the percentage set by paragraph (6) of subdivision (a) of Section 22950.5. (b) A dollar amount to pay in advance, on behalf of employers, part of the contributions required by employers for the 2020–21 fiscal year, such that it will result in employers having to contribute 2.95 percentage points less in the 2020–21 fiscal year than the percentage set by paragraph (7) of subdivision (a) of Section 22950.5. (c) A dollar amount to pay in advance, on behalf of employers, part of the contributions required by employers for the 2021–22 fiscal year, such that it will result in employers having to contribute 2.18 percentage points less in the 2021–22 fiscal year than the percentage set by the board pursuant to subdivision (b) of Section 22950.5. (d) Any remainder of the payment that has not been committed to the purposes specified in subdivisions (a), (b), and (c) shall be allocated to reduce the employers’ share of the unfunded actuarial obligation determined pursuant to Section 22950.5. (Amended by Stats. 2020, Ch. 16, Sec. 1. (AB 84) Effective June 29, 2020.)
  186. 22951.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 16. Employer and State Contributions [22950 - 22958] ( Chapter 16 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    Employers must make a monthly contribution of 0.25% of creditable compensation to 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 16. Employer and State Contributions [22950 - 22958] ( Chapter 16 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22951. In addition to any other contributions required by this part, employers shall, on account of liability for benefits pursuant to Section 22717, contribute monthly to the Teachers’ Retirement Fund 0.25 percent of the creditable compensation upon which members’ contributions under this part are based. (Amended by Stats. 2000, Ch. 1025, Sec. 22. Effective January 1, 2001.)
  187. 22951.5.

    ## 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 16. Employer and State Contributions [22950 - 22958] ( Chapter 16 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    If the board finds the Supplemental Benefit Maintenance Account may not have enough funds, it may increase the employer contribution 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 16. Employer and State Contributions [22950 - 22958] ( Chapter 16 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22951.5. In addition to any other contributions required by this part, if the board determines that the Supplemental Benefit Maintenance Account will not have sufficient funds to make the maximum payment under this part pursuant to Section 24417, the board may increase the employer contribution rate as provided in Section 24416. (Amended by Stats. 1998, Ch. 965, Sec. 117. Effective January 1, 1999.)
  188. 22954.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 16. Employer and State Contributions [22950 - 22958] ( Chapter 16 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The section sets an annual General Fund appropriation for transfers to the Supplemental Benefit Maintenance Account, with specified payment dates and a board power to deduct administrative 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 16. Employer and State Contributions [22950 - 22958] ( Chapter 16 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22954. (a) Notwithstanding Section 13340 of the Government Code, a continuous appropriation is hereby annually made from the General Fund to the Controller, pursuant to this section, for transfer to the Supplemental Benefit Maintenance Account in the Teachers’ Retirement Fund. (b) Except as reduced pursuant to subdivision (c), the total amount of the appropriation for each year shall be equal to 2.5 percent of the total of the creditable compensation of the fiscal year ending in the immediately preceding calendar year upon which members’ contributions are based for purposes of funding the supplemental payments authorized by Section 24415, as reported annually to the Director of Finance, the Chairperson of the Joint Legislative Budget Committee, and the Legislative Analyst pursuant to Section 22955.5. (c) Beginning with the 2008–09 fiscal year, the appropriation in subdivision (b) shall be reduced in accordance with the following schedule: 2008–09 ........................ $66,386,0002009–10 ........................ $70,000,0002010–11 ........................ $71,000,0002011–12 and each fiscal year thereafter ........................ $72,000,000(d) Transfers made to the Supplemental Benefit Maintenance Account, pursuant to subdivision (a), shall be made on October 15 and April 15 of each fiscal year with each payment to be 50 percent of the annual appropriation. If either date falls on a weekend or holiday, the funds shall be transferred the next business day. (e) Notwithstanding subdivision (d), for the 2010–11 fiscal year only, the transfer that would have been made pursuant to subdivision (d) on October 15, 2010, shall be made on November 15, 2010, and the transfer that would have been made pursuant to subdivision (d) on April 15, 2011, shall be made on March 14, 2011. (f) The board may deduct from the annual appropriation made pursuant to this section an amount necessary for the administrative expenses of Section 24415. (g) It is the intent of the Legislature in enacting this section to establish the supplemental payments pursuant to Section 24415 as vested benefits pursuant to a contractually enforceable promise to make annual contributions from the General Fund to the Supplemental Benefit Maintenance Account in the Teachers’ Retirement Fund in order to provide a continuous annual source of revenue for the purposes of making the supplemental payments under Section 24415. (Amended by Stats. 2025, Ch. 239, Sec. 5. (SB 853) Effective January 1, 2026.)
  189. 22954.1.

    ## 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 16. Employer and State Contributions [22950 - 22958] ( Chapter 16 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The board must periodically adopt actuarial projections and then, depending on the result, identify the maximum sustainable benefit level; it may also use actuarial assumptions it deems appropriate and must report its projections and determinations to specified officials.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 16. Employer and State Contributions [22950 - 22958] ( Chapter 16 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22954.1. (a) Consistent with a process it establishes pursuant to subdivision (e), the board shall periodically adopt an actuarial projection regarding the ability of the system to continue providing, over a term to be established by the board, the purchasing power protection that is, at the time of the projection, being provided from the funds of the Supplemental Benefit Maintenance Account. (b) If the board, in adopting the actuarial projection described in subdivision (a), determines that the annual transfers to the Supplemental Benefit Maintenance Account described in Section 22954, combined with all other anticipated sources of income to the account, are likely to be more than sufficient over the term established by the board to continue providing the purchasing power protection being provided at the time of the projection, it shall identify the maximum level of purchasing power protection benefits that it expects to be sustainable over that term from these contributions and other sources of income. (c) If the board, in adopting the actuarial projection described in subdivision (a), determines that the annual transfers to the Supplemental Benefit Maintenance Account described in Section 22954, combined with all other anticipated sources of income to the account, are likely to be less than sufficient over the term established by the board to continue providing the purchasing power protection being provided at the time of the projection, it shall identify the maximum level of purchasing power protection benefits that it expects to be sustainable over that term from these contributions and other sources of income. (d) It is the intent of the Legislature that the board shall adopt the projections and determinations described in subdivisions (a), (b), and (c) pursuant to its powers and responsibilities under Section 17 of Article XVI of the California Constitution, including, but not limited to, the board’s fiduciary responsibility to the system’s participants and their beneficiaries and the board’s sole and exclusive power to provide for actuarial services of the system. Therefore, in its adoption of the projections and determinations required in subdivisions (a), (b), and (c), the board may utilize any actuarial assumptions, methods, and standards that it deems appropriate to determine the level of purchasing power protection benefits that it expects can be sustained over the term established by the board by funds of the Supplemental Benefit Maintenance Account. (e) The board shall determine the frequency and timing of its adoption of the actuarial projection described in subdivision (a) in regulations that it adopts pursuant to subdivision (e) of Section 24415.5. (f) The board shall promptly provide to the Director of Finance, the Chairperson of the Joint Legislative Budget Committee, the chairpersons of the Senate Committee on Public Employment and Retirement and the Assembly Committee on Public Employees, Retirement and Social Security, and the Legislative Analyst a summary of its actuarial projections and other determinations, as adopted pursuant to subdivisions (a), (b), and (c). The report shall include a description of any adjustments of benefits made pursuant to Section 24415.5. (Amended by Stats. 2008, Ch. 751, Sec. 6. Effective September 30, 2008.)
  190. 22954.5.

    ## 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 16. Employer and State Contributions [22950 - 22958] ( Chapter 16 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The section appropriates $56,979,949 in each listed fiscal year for transfer from the General Fund to the Teachers’ Retirement Fund, and the system must include those amounts in its Section 22955.5 reports.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 16. Employer and State Contributions [22950 - 22958] ( Chapter 16 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22954.5. (a) In addition to the amounts appropriated for transfer to the Supplemental Benefit Maintenance Account in Section 22954, there is hereby appropriated from the General Fund to the Controller for transfer to the Supplemental Benefit Maintenance Account in the Teachers’ Retirement Fund the following amounts in each of the specified fiscal years, as follows: 2009–10 ........................ $56,979,9492010–11 ........................ $56,979,9492011–12 ........................ $56,979,9492012–13 ........................ $56,979,949 (b) It is the intent of the Legislature that the annual Budget Act for each of the fiscal years described in subdivision (a) display the amounts listed above in Item 1920-011-0001 as an informational item, along with other estimated amounts required to be transferred from the General Fund to the Teachers’ Retirement Fund pursuant to Sections 22954 and 22955. In the reports, calculations, and schedules that the system submits pursuant to Section 22955.5 for the purpose of informing the Department of Finance, the Legislature, and the Controller of the state’s appropriations pursuant to Sections 22954 and 22955 in each of the fiscal years listed in subdivision (a), the system shall also include the amounts appropriated for transfer to the Supplemental Benefit Maintenance Account in subdivision (a). Upon appropriation, the amounts listed in subdivision (a) may be transferred on or after July 1 in each of the fiscal years indicated. (c) The appropriation in subdivision (a) fulfills the intent of the Legislature described in Chapter 59 of the Statutes of 2008 to pay interest on the judgment in the case of Teachers’ Retirement Board v. Genest and Chiang, Sacramento County Superior Court Case No. 03CS01503. (Repealed and added by Stats. 2008, Ch. 751, Sec. 8. Effective September 30, 2008.)
  191. 22955.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 16. Employer and State Contributions [22950 - 22958] ( Chapter 16 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    This section sets annual state appropriations to the Teachers’ Retirement Fund, with specific percentages, payment dates, and adjustment rules.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 16. Employer and State Contributions [22950 - 22958] ( Chapter 16 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22955. (a) Notwithstanding Section 13340 of the Government Code, commencing July 1, 2003, a continuous appropriation is hereby annually made from the General Fund to the Controller, pursuant to this section, for transfer to the Teachers’ Retirement Fund. The total amount of the appropriation for each year shall be equal to 2.017 percent of the total of the creditable compensation of the fiscal year ending in the immediately preceding calendar year upon which members’ contributions are based, as reported annually to the Director of Finance, the Chairperson of the Joint Legislative Budget Committee, and the Legislative Analyst pursuant to Section 22955.5, and shall be divided into four equal payments. The payments shall be made on July 1, October 1, December 15, and April 15 of each fiscal year. If any of these dates fall on a weekend or holiday, the funds shall be transferred the next business day. (b) Notwithstanding Section 13340 of the Government Code, commencing October 1, 2003, a continuous appropriation, in addition to the appropriation made by subdivision (a), is hereby annually made from the General Fund to the Controller for transfer to the Teachers’ Retirement Fund. The total amount of the appropriation for each year shall be equal to 0.524 percent of the total of the creditable compensation of the fiscal year ending in the immediately preceding calendar year upon which members’ contributions are based, as reported annually to the Director of Finance, the Chairperson of the Joint Legislative Budget Committee, and the Legislative Analyst pursuant to Section 22955.5, and shall be divided into four equal quarterly payments. The percentage shall be adjusted to reflect the contribution required to fund the normal cost deficit or the unfunded obligation as determined by the board based upon a recommendation from its actuary. If a rate increase is required, the adjustment may be for no more than 0.25 percent per year and in no case may the transfer made pursuant to this subdivision exceed 1.505 percent of the total of the creditable compensation of the fiscal year ending in the immediately preceding calendar year upon which members’ contributions are based. At any time when there is neither an unfunded obligation nor a normal cost deficit, the percentage shall be reduced to zero. The funds transferred pursuant to this subdivision shall first be applied to eliminating on or before June 30, 2027, the unfunded actuarial liability of the fund identified in the actuarial valuation as of June 30, 1997. (c) For the purposes of this section, the term “normal cost deficit” means the difference between the normal cost rate as determined in the actuarial valuation required by Section 22311 and the total of the member contribution rate required under Section 22901 and the employer contribution rate required under Section 22950, and shall exclude (1) the portion for unused sick leave service credit granted pursuant to Section 22717, and (2) the cost of benefit increases that occur after July 1, 1990. The contribution rates prescribed in Section 22901 and Section 22950 on July 1, 1990, shall be utilized to make the calculations. The normal cost deficit shall then be multiplied by the total of the creditable compensation upon which member contributions under this part are based to determine the dollar amount of the normal cost deficit for the year. (d) Pursuant to Section 22001 and case law, members are entitled to a financially sound retirement system. It is the intent of the Legislature that this section shall provide the retirement fund stable and full funding over the long term. (e) This section continues in effect but in a somewhat different form, fully performs, and does not in any way unreasonably impair, the contractual obligations determined by the court in California Teachers Assn. v. Cory, 155 Cal.App.3d 494. (f) Subdivision (b) shall not be construed to be applicable to any unfunded liability resulting from any benefit increase or change in contribution rate under this part that occurs after July 1, 1990. (g) The provisions of this section shall be construed and implemented to be in conformity with the judicial intent expressed by the court in California Teachers Assn. v. Cory, 155 Cal.App.3d 494. (h) Subdivisions (a) to (g), inclusive, shall be inoperative on and after July 1, 2014, and shall become operative beginning the earlier of July 1, 2046, or July 1 of the first fiscal year after a 30-day notice has been sent to the Joint Legislative Budget Committee and the Controller in compliance with subdivision (d) of Section 22957. (Amended by Stats. 2025, Ch. 239, Sec. 6. (SB 853) Effective January 1, 2026. Section inoperative from July 1, 2014, until operation resumes on date prescribed in subd. (h) (July 1, 2046, or sooner). Amending action may become inoperative under conditions prescribed by Stats. 2014, Ch. 47, Sec. 13, subd. (b).)
  192. 22955.1.

    ## 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 16. Employer and State Contributions [22950 - 22958] ( Chapter 16 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    This section requires annual state funding for the Teachers’ Retirement Fund and sets how the Controller must transfer the money. It also gives the board authority to adjust the contribution percentage within stated limits, and it says members are entitled to a financially sound 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 16. Employer and State Contributions [22950 - 22958] ( Chapter 16 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22955.1. (a) Notwithstanding Section 13340 of the Government Code, commencing July 1, 2003, a continuous appropriation is hereby annually made from the General Fund to the Controller, pursuant to this section, for transfer to the Teachers’ Retirement Fund. The total amount of the appropriation for each year shall be equal to 2.017 percent of the total of the creditable compensation of the fiscal year ending in the immediately preceding calendar year upon which members’ contributions are based, as reported annually to the Director of Finance, the Chairperson of the Joint Legislative Budget Committee, and the Legislative Analyst pursuant to Section 22955.5, and shall be divided into four equal payments. The payments shall be made on July 1, October 1, December 15, and April 15 of each fiscal year. If any of these dates fall on a weekend or holiday, the funds shall be transferred the next business day. (b) (1) Commencing July 1, 2014, the amount of the appropriation required under subdivision (a) shall increase by the following percentages of the creditable compensation upon which that appropriation is based: (A) On July 1, 2014, by 1.437 percent. (B) On July 1, 2015, by 2.874 percent. (C) On July 1, 2016, by 4.311 percent. (2) Except as provided in paragraph (3), for the 2017–18 fiscal year and each fiscal year thereafter, the board shall increase or decrease the percentage specified in this subdivision from the percentage paid during the prior fiscal year to reflect the contribution required to eliminate the remaining unfunded actuarial obligation, as determined by the board based upon a recommendation from its actuary. If a rate increase is required, the adjustment may be for no more than 0.50 percent per year of the total of the creditable compensation of the fiscal year ending in the immediately preceding calendar year upon which members’ contributions are based. At any time when there is not an unfunded actuarial obligation as determined by the board, the percentage specified in this subdivision shall be reduced to zero. (3) For the 2020–21 fiscal year, the percentage specified in this subdivision shall be the percentage set by the board pursuant to paragraph (2) for the 2019–20 fiscal year, and the board shall not increase or decrease the percentage specified in this paragraph for the 2020–21 fiscal year. This paragraph does not prevent payments towards the unfunded actuarial obligation from being made from other sources of funding, including, but not limited to, other sources in the General Fund. (c) Pursuant to Section 22001 and case law, members are entitled to a financially sound retirement system. It is the intent of the Legislature that this section shall provide the retirement fund stable and full funding over the long term. (d) This section continues in effect but in a somewhat different form, fully performs, and does not in any way unreasonably impair, the contractual obligations determined by the court in California Teachers Association v. Cory (1984) 155 Cal.App.3d 494. (e) Subdivision (b) shall not be construed to be applicable to any unfunded actuarial obligation resulting from any benefit increase or change in contribution rate under this part that occurs after July 1, 1990, except that state contributions made pursuant to subdivision (b) shall be allocated to reduce the unfunded actuarial obligation resulting from the benefits and contribution rates in effect as of July 1, 1990. (f) The provisions of this section shall be construed and implemented to be in conformity with the judicial intent expressed by the court in California Teachers Association v. Cory (1984) 155 Cal.App.3d 494. (g) (1) Except as described in paragraph (2), this section shall become inoperative on July 1, 2046, and as of January 1, 2047, is repealed. (2) Notwithstanding paragraph (1), on July 1 of the first fiscal year after a 30-day notice has been sent to the Joint Legislative Budget Committee and the Controller in compliance with subdivision (d) of Section 22957, this section shall become inoperative and, as of the following January 1, is repealed. (Amended by Stats. 2025, Ch. 239, Sec. 7. (SB 853) Effective January 1, 2026. Section inoperative July 1, 2046, or sooner as prescribed in subd. (g). Repealed on or before January 1, 2047, by its own provisions.)
  193. 22955.2.

    ## 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 16. Employer and State Contributions [22950 - 22958] ( Chapter 16 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The Legislature makes a supplemental appropriation for the Teachers’ Retirement Fund, and the Department of Finance must give the Controller a transfer-timing schedule.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 16. Employer and State Contributions [22950 - 22958] ( Chapter 16 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22955.2. (a) In addition to the appropriation required pursuant to Section 22955.1, the Legislature hereby appropriates the amount identified for appropriation pursuant to subclause (IV) of clause (ii) of subparagraph (B) of paragraph (1) of subdivision (c) of Section 20 of Article XVI of the California Constitution equivalent to the amount described in paragraph (3) of subdivision (d) of Section 35.50 of the annual Budget Act to supplement the state’s appropriation to the Teachers’ Retirement Fund, consistent with the requirements of this section and at the direction of the Department of Finance. The Department of Finance shall provide to the Controller a schedule establishing the timing of specific transfers to be used for these purposes. (b) The supplemental payment described in this section is for the state’s unfunded actuarial obligation determined pursuant to Section 22955.1 and is in excess of the current appropriation. Therefore, any amount transferred to a fund identified in subdivision (a) constitutes an obligation pursuant to subclause (IV) of clause (ii) of subparagraph (B) of paragraph (1) of subdivision (c) of Section 20 of Article XVI of the California Constitution. (Added by Stats. 2019, Ch. 33, Sec. 2. (SB 90) Effective June 27, 2019.)
  194. 22955.5.

    ## 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 16. Employer and State Contributions [22950 - 22958] ( Chapter 16 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The board must calculate annual creditable compensation, and the system must report, update, and forward that calculation and related transfer schedule to specified officials.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 16. Employer and State Contributions [22950 - 22958] ( Chapter 16 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22955.5. (a) For purposes of Sections 22954, 22955, and 22955.1, “creditable compensation” shall include only creditable compensation for which member contributions are credited under the Defined Benefit Program. (b) On or after October 1 and on or before October 25 of each year, beginning in 2008, the board shall calculate the total amount of creditable compensation for the fiscal year that ended on the immediately preceding June 30. For the purpose of informing the Department of Finance and the Legislature of the amount of the state’s appropriations pursuant to Sections 22954, 22955, and 22955.1 in the next fiscal year, the system shall immediately submit a report that includes this calculation to the Director of Finance, the Chairperson of the Joint Legislative Budget Committee, and the Legislative Analyst. (c) After submission of the report described in subdivision (b), on or before the April 15 after submission of the report described in subdivision (b), the system shall notify the Director of Finance, the Chairperson of the Joint Legislative Budget Committee, and the Legislative Analyst of any revisions in its calculation of the total amount of creditable compensation for the fiscal year that ended on the immediately preceding June 30. (d) The last revised calculation submitted pursuant to subdivision (c) on or before April 15 of each year or, if no such revised calculation is submitted, the calculation in the report submitted pursuant to subdivision (b) shall be the calculation of creditable compensation upon which the state’s appropriations pursuant to Sections 22954, 22955, and 22955.1 will be based in the next fiscal year. On or after April 15 and on or before May 1 of each year, the system shall submit to the Controller a copy of this calculation, along with a requested schedule of transfers to be made pursuant to the appropriations in Sections 22954, 22955, and 22955.1 in the next fiscal year beginning on the next July 1. The system shall also provide a copy of this schedule to the Director of Finance and the Legislative Analyst. (Amended by Stats. 2014, Ch. 47, Sec. 10. (AB 1469) Effective June 24, 2014. Amending action may become inoperative under conditions prescribed by Stats. 2014, Ch. 47, Sec. 13, subd. (b).)
  195. 22956.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 16. Employer and State Contributions [22950 - 22958] ( Chapter 16 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    Employer and state contributions for the Defined Benefit Program cannot be credited to individual member accounts and cannot be allocated or awarded to members, spouses, or beneficiaries; they must be kept in plan reserves.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 16. Employer and State Contributions [22950 - 22958] ( Chapter 16 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22956. Employer and state contributions made to the plan pursuant to this part for service credited under the Defined Benefit Program shall not be credited to the individual member accounts. These contributions shall be held in the reserves of the plan to finance the employers’ share of the cost of all benefits payable under the plan with respect to the Defined Benefit Program. Under no circumstances shall these employer and state contributions be allocated or awarded to individual members, their spouses, or beneficiaries. (Amended by Stats. 2000, Ch. 1025, Sec. 23. Effective January 1, 2001.)
  196. 22957.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 16. Employer and State Contributions [22950 - 22958] ( Chapter 16 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The Director of Finance must make annual determinations by June 1 and must immediately notify specified legislative and fiscal officials in writing if certain 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 16. Employer and State Contributions [22950 - 22958] ( Chapter 16 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22957. (a) The Legislature hereby finds and declares that the provisions of Section 22950.5 do not constitute a new functional responsibility for schools and community colleges pursuant to subdivision (c) of Section 41204, and do not require an adjustment pursuant to subdivision (b) of Section 8 of Article XVI of the California Constitution. The Legislature further finds and declares that the provisions of Section 22950.5 do not constitute a reimbursable mandate for school districts pursuant to Article XIII B of the California Constitution. Any challenge to these findings shall be filed in Sacramento Superior Court within 60 days of the effective date of the act adding this section. Any action so filed shall be consolidated with any action filed pursuant to Section 22958. (b) On or before June 1 of each year, the Director of Finance shall determine if an adjustment to the constitutional minimum guarantee of funding for schools shall be made pursuant to a final, unappealable judicial decision holding 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, or any other final, unappealable, judicial decision holding that the increased contributions in Section 22950.5 require an adjustment in funding provided to schools and community colleges pursuant to subdivision (b) of Section 8 of Article XVI of the California Constitution. If the Director of Finance estimates that an adjustment will require increased General Fund expenditures of more than ten million dollars ($10,000,000), then the determination described in this subdivision shall be considered to have been met. This estimate shall be calculated solely within the discretion of the Director of Finance. (c) On or before June 1 of each year, the Director of Finance shall determine if any amounts are needed to fund school districts or other local governments due to a final unappealable administrative or judicial decision holding that the increased contributions in Section 22950.5 constitute a reimbursable mandate pursuant to Article XIII B of the California Constitution. If the Director of Finance estimates that the cost of the mandate is more than ten million dollars ($10,000,000), then the determination described in this subdivision shall be considered to have been met. This estimate shall be solely within the discretion of the Director of Finance, and the director need not wait for a final cost estimate, nor any other administrative determination, from the Commission of State Mandates prior to making this determination. (d) If, before June 1 of each year, the Director of Finance determines that the determinations described in subdivisions (b) or (c) have been met, then the Director of Finance shall immediately notify, in writing, the Joint Legislative Budget Committee and the Controller of this determination. (Added by Stats. 2014, Ch. 47, Sec. 11. (AB 1469) Effective June 24, 2014. Adding action may become inoperative under conditions prescribed by Stats. 2014, Ch. 47, Sec. 13, subd. (b).)
  197. 22958.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 16. Employer and State Contributions [22950 - 22958] ( Chapter 16 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    Challenges to the validity of matters authorized by this section must be filed under the timing rules in Code of Civil Procedure Chapter 9, and actions under this section must be brought in the Superior Court of Sacramento 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 16. Employer and State Contributions [22950 - 22958] ( Chapter 16 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 22958. (a) Any action or proceeding challenging the validity of any matter authorized by the act adding this section by any person or entity shall be brought in accordance with, and within the time specified in, Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure. (b) This section provides the authorization for all entities referenced in the act adding this section as required by Section 860 of the Code of Civil Procedure. (c) Any action initiated pursuant to this section shall be brought in the Superior Court of the County of Sacramento. (Added by Stats. 2014, Ch. 47, Sec. 12. (AB 1469) Effective June 24, 2014. Adding action may become inoperative under conditions prescribed by Stats. 2014, Ch. 47, Sec. 13, subd. (b).)
  198. 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 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. )

    Verify source ↗

    People who were already entitled to a certificate or credential under a repealed law keep that entitlement under this code, to the extent the code applies.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 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. ) ## 23. All persons who, at the time this code goes into effect, are entitled to a certificate or credential under any act repealed by this code, are thereby entitled to a certificate or credential under the provisions of this code so far as the provisions of this code are applicable. (Enacted by Stats. 1976, Ch. 1010.)
  199. 230.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 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 section says sex-based harassment and discrimination in education includes several listed practices, including unequal student aid, exclusion from athletic programs, and pregnancy-related exclusion.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 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. ) ## 230. For purposes of this chapter, harassment and other discrimination on the basis of sex include, but are not limited to, the following practices: (a) On the basis of sex, exclusion of a person or persons from participation in, denial of the benefits of, or subjection to harassment or other discrimination in, any academic, extracurricular, research, occupational training, or other program or activity. (b) On the basis of sex, provision of different amounts or types of student financial aid, limitation of eligibility for student financial aid, or the application of different criteria to applicants for student financial aid or for participation in the provision of student financial aid by others. Nothing in this subdivision shall be construed to prohibit an educational institution from administering, or assisting in the administration of, scholarships, fellowships, or other forms of student financial aid, established pursuant to domestic or foreign wills, bequests, trusts, or similar legal instruments or by acts of a foreign government, which require that awards be made to members of a particular sex; provided, that the overall effect of the award of these sex-restricted scholarships, fellowships, and other forms of student financial aid does not discriminate on the basis of sex. (c) On the basis of sex, exclusion from participation in, or denial of equivalent opportunity in, athletic programs. For purposes of this subdivision, “equivalent” means equal or equal in effect. (d) An educational institution may be found to have effectively accommodated the interests and abilities in athletics of both sexes within the meaning of Section 4922 of Title 5 of the California Code of Regulations as that section exists on January 1, 2003, using any one of the following tests: (1) Whether interscholastic level participation opportunities for male and female pupils are provided in numbers substantially proportionate to their respective enrollments. (2) Where the members of one sex have been and are underrepresented among interscholastic athletes, whether the school district can show a history and continuing practice of program expansion that is demonstrably responsive to the developing interest and abilities of the members of that sex. (3) Where the members of one sex are underrepresented among interscholastic athletes, and the institution cannot show a history and continuing practice of program expansion as required in paragraph (2), whether the school district can demonstrate that the interest and abilities of the members of that sex have been fully and effectively accommodated by the present program. (e) If an educational institution must cut its athletic budget, the educational institution shall do so consistently with its legal obligation to comply with both state and federal gender equity laws. (f) It is the intent of the Legislature that the three-part test articulated in subdivision (d) be interpreted as it has been in the policies and regulations of the Office of Civil Rights in effect on January 1, 2003. (g) On the basis of sex, harassment or other discrimination among persons, including, but not limited to, students and nonstudents, or academic and nonacademic personnel, in employment and the conditions thereof, except as it relates to a bona fide occupational qualification. (h) On the basis of sex, the application of any rule concerning the actual or potential parental, family, or marital status of a person, or the exclusion of any person from any program or activity or employment because of pregnancy or related conditions. (Amended by Stats. 2003, Ch. 660, Sec. 1. Effective January 1, 2004.)
  200. 2300.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] ( Part 2 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 10. Apportionment of County Forest Reserve School Money [2300- 2300.] ( Chapter 10 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    County officials must apportion qualifying federal forest reserve money under this section, with some allocations requiring county board approval.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] ( Part 2 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 10. Apportionment of County Forest Reserve School Money [2300- 2300.] ( Chapter 10 enacted by Stats. 1976, Ch. 1010. ) ## 2300. The county auditor of any county, receiving money from the government of the United States pursuant to any act of Congress providing for the distribution and payment to states and territories of a fixed and definite percentage of the money received by the government of the United States from the forest reserves established therein, shall apportion the money pursuant to Section 29484 of the Government Code. The county superintendent of schools, with the approval of the county board of education, may allocate 15 percent of the funds from such money for use for the improvement of educational programs for students in the county. The balance of the money credited to the forest reserve account in the county school service fund from the United States Forest Reserve Fund in the State Treasury shall be apportioned by the county superintendent of schools to school districts and community college districts of the county lying within or adjacent to the United States forest reserve with approval of the county board of education in a manner which shall be prescribed prior to the 30th day of June of the fiscal year next following the year in which received. When a portion of the area of a county is subject to the jurisdiction of the county superintendent of schools of another county or counties and such portion lies in or adjacent to the United States forest reserve, no apportionment of such money shall be made from the county school service fund without the approval of the county boards of education of both or all counties. In the event that both or all county boards of education do not concur in the apportionments of such money from the county school service fund prior to the first day of April of any year the county superintendent of schools of both or all counties shall on that date notify the Superintendent of Public Instruction or board of governors who shall, not later than 60 days following notification, make the apportionments. Apportionments made by the Superintendent of Public Instruction or board of governors are final. Money apportioned pursuant to this section shall be deposited by the county auditor to the credit of the several funds as directed by the county superintendent of schools with the approval of the county board of education. (Enacted by Stats. 1976, Ch. 1010.)

Provision text is displayed from LexChat’s stored statute record. Use the official source links to verify amendments, commencement, and current legal force.

LexChat organizes source-backed legal information for research. Verify amendments, commencement, and current legal force with the official publisher before relying on it.