Education Code — Part 15 | EDC — United States — California law | Esheria

Education Code

Part 15 of 57 · provisions 2,801–3,000

This section says the code is called the Education Code.

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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.

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Provisions of Education Code

Showing 200 of 11,236

  1. 23000.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 17. Employer Collection and Reporting Procedures [23000 - 23012] ( Chapter 17 added by Stats. 1993, Ch. 893, Sec. 2. )

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    Each employer must deduct required member contributions from covered members’ creditable compensation and remit those contributions, plus required employer contributions, to the system.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 17. Employer Collection and Reporting Procedures [23000 - 23012] ( Chapter 17 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 23000. Each employer shall deduct from the creditable compensation of members employed by the employer the member contributions required by this part and shall remit to the system those contributions plus the employer contributions required by this part and Section 44987. (Amended by Stats. 1997, Ch. 482, Sec. 21. Effective January 1, 1998.)
  2. 23001.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 17. Employer Collection and Reporting Procedures [23000 - 23012] ( Chapter 17 added by Stats. 1993, Ch. 893, Sec. 2. )

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    Certain local education employers must draw requisitions for specified retirement contributions, forward the warrants after county auditor approval, and ensure received amounts are deposited immediately into the State Treasury for 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 17. Employer Collection and Reporting Procedures [23000 - 23012] ( Chapter 17 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 23001. Each county superintendent, district superintendent, chancellor of a community college district, or other employing agency that reports directly to the system shall draw requisitions for contributions required by Sections 22901, 22901.7, 22950, and 22950.5 in favor of the State Teachers’ Retirement System, and the requisitions, when allowed and signed by the county auditor, shall constitute a warrant against the county treasury. The county superintendent, district superintendent, chancellor of a community college district, or other employing agency thereupon shall forward the warrants to the board in the system’s headquarters office. The amounts received shall be deposited immediately in the State Treasury to the Teachers’ Retirement Fund. (Amended by Stats. 2015, Ch. 123, Sec. 16. (AB 991) Effective January 1, 2016.)
  3. 23001.5.

    ## 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 17. Employer Collection and Reporting Procedures [23000 - 23012] ( Chapter 17 added by Stats. 1993, Ch. 893, Sec. 2. )

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    Employers must pay contributions to the system by electronic funds transfer through an automated clearinghouse, as prescribed by the board.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 17. Employer Collection and Reporting Procedures [23000 - 23012] ( Chapter 17 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 23001.5. (a) All contributions due to the system by an employer under this part shall be paid by an electronic funds transfer method through an automated clearinghouse as prescribed by the board. This payment requirement is effective upon authorization by the board. (b) For purposes of this section, “automated clearinghouse” means any federal reserve bank, or an organization established in agreement with the National Automated Clearing House Association, that operates as a clearinghouse for transmitting or receiving entries between banks or bank accounts and which authorizes an electronic transfer of funds between these banks or bank accounts. (c) An employer that is unable, for good cause, to comply with subdivision (a) may apply to the board for a waiver that allows the employer to pay in an alternate manner as prescribed by the board. (Added by Stats. 2018, Ch. 125, Sec. 1. (AB 2052) Effective January 1, 2019.)
  4. 23002.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 17. Employer Collection and Reporting Procedures [23000 - 23012] ( Chapter 17 added by Stats. 1993, Ch. 893, Sec. 2. )

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    Member and employer contributions are due five working days after the monthly reporting period, with delinquency and interest starting on the sixth working day.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 17. Employer Collection and Reporting Procedures [23000 - 23012] ( Chapter 17 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 23002. Member and employer contributions required by this part and Section 44987 are due in the office of the system five working days immediately following the period covered by the monthly report upon which the compensation earned during the period is being reported and from and upon which the contributions are due. Payments shall be delinquent on the sixth working day thereafter and regular interest on delinquent payments shall begin to accrue as of that day. The board shall authorize estimated payments of not less than 95 percent of the contributions due, and, in that case, the balance of contributions payable shall be due in the office of the system no more than 15 working days following the period covered by the monthly report upon which the contributions are based. This additional payment shall be delinquent on the 16th working day thereafter, and regular interest shall begin to accrue as of that day. (Amended by Stats. 1997, Ch. 482, Sec. 22. Effective January 1, 1998.)
  5. 23002.5.

    ## 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 17. Employer Collection and Reporting Procedures [23000 - 23012] ( Chapter 17 added by Stats. 1993, Ch. 893, Sec. 2. )

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    School districts running a year-round or continuous school program must report member and employer contributions as part of the school year when 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 17. Employer Collection and Reporting Procedures [23000 - 23012] ( Chapter 17 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 23002.5. Member and employer contributions from school districts conducting a year-round school operation or a continuous school program shall be reported as part of the school year in which the service began. (Added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.)
  6. 23003.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 17. Employer Collection and Reporting Procedures [23000 - 23012] ( Chapter 17 added by Stats. 1993, Ch. 893, Sec. 2. )

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    If certain employers fail to pay required contributions, the board must assess penalties and charge regular interest on delinquent 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 17. Employer Collection and Reporting Procedures [23000 - 23012] ( Chapter 17 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 23003. (a) If a county superintendent of schools or employing agency or school district or community college district that reports directly to the system fails to make payment of contributions as provided in Section 23002, the board shall, in accordance with regulations, assess penalties. (b) The board shall, in accordance with regulations, charge regular interest on any delinquent contributions under this part. (Amended by Stats. 2009, Ch. 249, Sec. 5. (AB 654) Effective January 1, 2010.)
  7. 23004.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 17. Employer Collection and Reporting Procedures [23000 - 23012] ( Chapter 17 added by Stats. 1993, Ch. 893, Sec. 2. )

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    Certain school-related entities must file a monthly report to the system, and school district or community college district reports need 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 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 17. Employer Collection and Reporting Procedures [23000 - 23012] ( Chapter 17 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 23004. The county superintendent of schools or employing agency shall, or a school district or community college district may, with approval of the board, submit a report monthly to the system containing information as the board may require in the administration of the plan. That monthly report shall be submitted electronically in an encrypted format provided by the system that ensures the security of the transmitted member data. (Amended by Stats. 2006, Ch. 655, Sec. 17. Effective January 1, 2007.)
  8. 23005.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 17. Employer Collection and Reporting Procedures [23000 - 23012] ( Chapter 17 added by Stats. 1993, Ch. 893, Sec. 2. )

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    Monthly reports must be submitted to the system office 30 calendar days after the month in which the reported compensation was 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 17. Employer Collection and Reporting Procedures [23000 - 23012] ( Chapter 17 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 23005. Monthly reports are due in the office of the system 30 calendar days immediately following the month in which the compensation being reported under this part was earned, and are delinquent 15 calendar days immediately thereafter. (Amended by Stats. 1998, Ch. 965, Sec. 122. Effective January 1, 1999.)
  9. 23006.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 17. Employer Collection and Reporting Procedures [23000 - 23012] ( Chapter 17 added by Stats. 1993, Ch. 893, Sec. 2. )

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    The board must assess penalties for monthly reports that are submitted late or in an unacceptable form.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 17. Employer Collection and Reporting Procedures [23000 - 23012] ( Chapter 17 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 23006. (a) If a county superintendent of schools or employing agency or school district or community college district that reports directly to the system, submits monthly reports, as specified by Section 23004, late, as defined in Section 23005, or in unacceptable form, the board shall, in accordance with regulations, assess penalties. (b) The board shall, in accordance with regulations, assess penalties, based on the sum of the employer and employee contributions required under this part by the report, for late or unacceptable submission of reports, at a rate of interest equal to the regular interest rate. (Amended by Stats. 2011, Ch. 703, Sec. 7. (SB 349) Effective January 1, 2012.)
  10. 23007.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 17. Employer Collection and Reporting Procedures [23000 - 23012] ( Chapter 17 added by Stats. 1993, Ch. 893, Sec. 2. )

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    If an employing agency fails to pay a board assessment, the Controller must withhold later payments and, when directed, pay the withheld amount 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 17. Employer Collection and Reporting Procedures [23000 - 23012] ( Chapter 17 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 23007. If any county superintendent, district superintendent, chancellor of a community college district, or other employing agency that reports directly to the system fails to make payment of any assessment by the board, the Controller shall, upon order of the board, withhold subsequent payments from the State School Fund to the county for deposit in the county school service fund or, upon the request of a county superintendent of schools to the county auditor, he or she shall withhold payments to a school district for deposit in the district general fund until the contributions and report are received in acceptable form in the office of the system and the board directs the Controller to make those payments, less the amount of the assessments to the county that would have been paid had no payments been withheld. The Controller shall then pay to the system the amount of the assessments withheld for deposit in the State Treasury to the Teachers’ Retirement Fund. (Amended by Stats. 2012, Ch. 864, Sec. 10. (AB 2663) Effective January 1, 2013.)
  11. 23008.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 17. Employer Collection and Reporting Procedures [23000 - 23012] ( Chapter 17 added by Stats. 1993, Ch. 893, Sec. 2. )

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    Employing agencies must correct monthly reports and refund members within 60 days after discovery or notice; the board must assess penalties for late or improper adjustments.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 17. Employer Collection and Reporting Procedures [23000 - 23012] ( Chapter 17 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 23008. (a) If more or less than the required contributions specified in this part and Section 44987 are paid to the system based on any payment of creditable compensation to a member, proper adjustments shall be made on a monthly report, by the county superintendent, district superintendent, chancellor of a community college district, or other employing agency who submitted the report, within 60 days after discovery or notification by the system and any refunds shall be made to the member within the same time period by the employing agency. (b) The board shall, in accordance with regulations, assess penalties for late or improper adjustments pursuant to Section 23006. These penalties shall be no more than the regular interest as defined in Section 22162. The penalty so assessed shall be deemed interest earned in the year in which it was received. (Amended by Stats. 2010, Ch. 207, Sec. 11. (AB 2260) Effective January 1, 2011.)
  12. 23009.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 17. Employer Collection and Reporting Procedures [23000 - 23012] ( Chapter 17 added by Stats. 1993, Ch. 893, Sec. 2. )

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    The board may receive or make payments directly to or from a member or beneficiary, but only if doing so is in the plan’s interest and tied to adjustments in 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 17. Employer Collection and Reporting Procedures [23000 - 23012] ( Chapter 17 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 23009. The board, if in the interest of the plan, may, in connection with adjustments to the required contributions referred to in Section 23008, receive or make payments directly from or to the member or beneficiary with interest. (Amended by Stats. 1996, Ch. 634, Sec. 170. Effective January 1, 1997.)
  13. 23010.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 17. Employer Collection and Reporting Procedures [23000 - 23012] ( Chapter 17 added by Stats. 1993, Ch. 893, Sec. 2. )

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    A person or entity that reports directly to the system may appeal assessed penalties or interest, if the appeal follows the process in Section 22219.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 17. Employer Collection and Reporting Procedures [23000 - 23012] ( Chapter 17 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 23010. A person or entity that reports directly to the system that is assessed penalties or interest pursuant to Section 23003, 23006, or 23008 may appeal the assessed penalties or interest subject to the appeals process established pursuant to Section 22219. (Added by Stats. 2009, Ch. 249, Sec. 8. (AB 654) Effective January 1, 2010.)
  14. 23011.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 17. Employer Collection and Reporting Procedures [23000 - 23012] ( Chapter 17 added by Stats. 1993, Ch. 893, Sec. 2. )

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    Penalties and interest owed to the system are treated as additional required contributions, and when received must be deposited in the Teachers’ Retirement Fund and handled like other 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 17. Employer Collection and Reporting Procedures [23000 - 23012] ( Chapter 17 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 23011. Penalties and interest due to the system pursuant to Section 23003, 23006, or 23008 are additional required contributions that, when received, shall be deposited to the Teachers’ Retirement Fund and treated in the same manner as other contributions. (Added by Stats. 2020, Ch. 275, Sec. 13. (AB 2101) Effective January 1, 2021.)
  15. 23012.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 17. Employer Collection and Reporting Procedures [23000 - 23012] ( Chapter 17 added by Stats. 1993, Ch. 893, Sec. 2. )

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    A county superintendent of schools that reports directly to the system may draw requisitions from specified county funds to remit system-required payments and to recover certain 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 17. Employer Collection and Reporting Procedures [23000 - 23012] ( Chapter 17 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 23012. (a) For the purpose of remitting contributions, assessments, or any other payment required by the system, the county superintendent of schools that reports directly to the system may, on an annual basis or as otherwise directed by the system, draw requisitions against the county school service fund and the funds of the county’s respective employing agencies in amounts equal to the total required to be paid by the employing agency. (b) Additionally, the county superintendent of schools may draw requisitions against the county school service fund and the funds of the county’s respective employing agencies, as applicable, in amounts necessary for recovering payments made pursuant to Section 24616.2. (Added by Stats. 2022, Ch. 754, Sec. 9. (AB 1667) Effective January 1, 2023.)
  16. 231.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 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. )

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    An educational institution may maintain separate toilets, locker rooms, or living facilities for different sexes if comparable facilities are provided.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 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. ) ## 231. Nothing herein shall be construed to prohibit any educational institution from maintaining separate toilet facilities, locker rooms, or living facilities for the different sexes, so long as comparable facilities are provided. (Added by Stats. 1982, Ch. 1117, Sec. 1.)
  17. 231.5.

    ## 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 ↗

    California educational institutions must have a written sexual harassment policy and make copies or information about it available in specified places and times.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 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. ) ## 231.5. (a) It is the policy of the State of California, pursuant to Section 200, that all persons, regardless of their sex, should enjoy freedom from discrimination of any kind in the educational institutions of the state. The purpose of this section is to provide notification of the prohibition against sexual harassment as a form of sexual discrimination and to provide notification of available remedies. (b) Each educational institution in the State of California shall have a written policy on sexual harassment. It is the intent of the Legislature that each educational institution in this state include this policy in its regular policy statement rather than distribute an additional written document. (c) The educational institution’s written policy on sexual harassment shall include information on where to obtain the specific rules and procedures for reporting charges of sexual harassment and for pursuing available remedies. (d) A copy of the educational institution’s written policy on sexual harassment shall be displayed in a prominent location in the main administrative building or other area of the campus or schoolsite. “Prominent location” means that location, or those locations, in the main administrative building or other area where notices regarding the institution’s rules, regulations, procedures, and standards of conduct are posted. (e) A copy of the educational institution’s written policy on sexual harassment, as it pertains to pupils, shall be provided as part of any orientation program conducted for new and continuing pupils at the beginning of each quarter, semester, or summer session, as applicable. (f) A copy of the educational institution’s written policy on sexual harassment shall be provided for each faculty member, all members of the administrative staff, and all members of the support staff at the beginning of the first quarter or semester of the school year, or at the time that there is a new employee hired. (g) A copy of the educational institution’s written policy on sexual harassment shall appear in any publication of the institution that sets forth the comprehensive rules, regulations, procedures, and standards of conduct for the institution. (Amended by Stats. 2019, Ch. 428, Sec. 1. (AB 543) Effective January 1, 2020.)
  18. 231.6.

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

    Verify source ↗

    Covered schoolsites must create and post a sexual harassment policy poster with specific language, size, content, and display requirements.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 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. ) ## 231.6. (a) Each schoolsite in a school district, county office of education, or charter school, serving pupils in any of grades 9 through 12, inclusive, shall create a poster that notifies pupils of the applicable written policy on sexual harassment described in Section 231.5. (b) The schoolsite may partner with local, state, or federal agencies, or nonprofit organizations, for purposes of the design and content of the poster. (c) The language in the poster shall be age appropriate and culturally relevant, and the schoolsite may partner with local, state, or federal agencies, or nonprofit organizations, for these purposes. (d) The poster shall be displayed in English and any primary language spoken by 15 percent or more of the pupils enrolled at the schoolsite as determined pursuant to Section 48985. (e) The poster shall be no smaller than 8.5 by 11 inches and use at least 12-point type. (f) The poster shall display, at a minimum, all of the following: (1) The rules and procedures for reporting a charge of sexual harassment. (2) The name, phone number, and email address of an appropriate schoolsite official to contact to report a charge of sexual harassment. (3) The rights of the reporting pupil, the complainant, and the respondent, and the responsibilities of the schoolsite in accordance with the applicable written policy on sexual harassment. (g) (1) The poster shall be prominently and conspicuously displayed in each bathroom and locker room at the schoolsite. (2) (A) The poster may be prominently and conspicuously displayed in public areas at the schoolsite that are accessible to, and commonly frequented by, pupils, including, but not limited to, classrooms, classroom hallways, gymnasiums, auditoriums, and cafeterias. (B) The governing board of a school district, governing body of a charter school, and county board of education shall have full discretion to select the appropriate public areas to display the poster at the schoolsite. (Amended by Stats. 2020, Ch. 370, Sec. 44. (SB 1371) Effective January 1, 2021.)
  19. 231.7.

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

    Verify source ↗

    The department must post specified abuse- and teen dating violence-related resources and information on its internet website.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 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. ) ## 231.7. The department shall make all of the following available on the department’s internet website: (a) Resources on abuse, including sexual, emotional, and physical abuse, and teen dating violence prevention for professional learning purposes. (b) Information about local and national hotlines and services for youth experiencing teen dating violence. (c) Other relevant materials for parents, guardians, and other caretakers of pupils. (Added by Stats. 2023, Ch. 65, Sec. 1. (AB 1071) Effective January 1, 2024.)
  20. 23100.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 18. Refund of Contributions [23100 - 23107] ( Chapter 18 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    When employment ends, a member may choose to receive certain retirement-related contributions and account credits.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 18. Refund of Contributions [23100 - 23107] ( Chapter 18 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 23100. (a) Upon termination of employment, a member may elect to be paid, pursuant to this part, each of the following: (1) The member’s accumulated retirement contributions made after June 30, 1935. (2) The member’s accumulated annuity deposit contributions. (3) An amount equal to the balance of credits in the member’s Defined Benefit Supplement account. (b) Accumulated retirement contributions and accumulated annuity deposit contributions shall include credited interest through the date of payment. (c) Accumulated retirement contributions shall be reduced by the amount of retirement or disability benefits paid to a member pursuant to this part. (Amended by Stats. 2011, Ch. 703, Sec. 8. (SB 349) Effective January 1, 2012.)
  21. 23101.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 18. Refund of Contributions [23100 - 23107] ( Chapter 18 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    If a member’s retirement contributions are refunded, the related benefit rights are forfeited and a beneficiary designation under the cited chapters is invalidated.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 18. Refund of Contributions [23100 - 23107] ( Chapter 18 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 23101. (a) When a member’s accumulated retirement contributions are refunded, as provided in Section 23100, all rights to benefits pertaining to the service credit represented by those contributions under this part are forfeited. Those rights and benefits, based upon service performed prior to refund, shall not be restored until the member has redeposited the total of the refunded accumulated retirement contributions, and paid the regular interest thereon as provided in Chapter 19 (commencing with Section 23200). (b) In addition to the rights and benefits described in subdivision (a), any beneficiary designation made by a member pursuant to Chapter 20 (commencing with Section 23300) and Chapter 28 (commencing with Section 24300) under this part shall be invalidated upon the refund of the member’s accumulated retirement contributions. (Amended by Stats. 2011, Ch. 703, Sec. 9. (SB 349) Effective January 1, 2012.)
  22. 23102.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 18. Refund of Contributions [23100 - 23107] ( Chapter 18 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    Before the system pays a refund of accumulated retirement contributions, the employer must certify that the member’s employment has ended, unless the job ended at least 12 months before the refund application was 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 18. Refund of Contributions [23100 - 23107] ( Chapter 18 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 23102. Prior to the system paying a refund of accumulated retirement contributions under this part, the employer shall certify that the member’s employment has been terminated in a format prescribed by the system unless the employment was terminated 12 months or more prior to the date the refund application is received by the system’s headquarters office. (Amended by Stats. 2019, Ch. 96, Sec. 15. (AB 644) Effective January 1, 2020.)
  23. 23103.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 18. Refund of Contributions [23100 - 23107] ( Chapter 18 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    Refunds may be paid to a member on request, or without a request if the board finds the member’s employment ended permanently and the member lacks enough credited service for service 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 18. Refund of Contributions [23100 - 23107] ( Chapter 18 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 23103. Refunds to a member shall be made upon request of the member on a properly executed form prescribed by the system, or may be made without a request if it is determined by the board that the member’s employment is permanently terminated and the member does not have enough credited service under the Defined Benefit Program to qualify for service retirement under this part. (Amended by Stats. 2011, Ch. 703, Sec. 10. (SB 349) Effective January 1, 2012.)
  24. 23104.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 18. Refund of Contributions [23100 - 23107] ( Chapter 18 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    This section says a refund of contributions is treated as completed when the system mails an initial warrant or sends an authorized electronic transfer, and it sets 30-day return rules that can cancel the refund and restore the member if the money is returned in 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 18. Refund of Contributions [23100 - 23107] ( Chapter 18 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 23104. (a) Deposit in the United States mail of an initial warrant drawn as directed by the member as a refund of contributions upon termination of employment, and addressed to the address directed by the member, constitutes a return of the member’s accumulated retirement contributions under this part. In lieu of an initial warrant, the system may initiate a disbursement by electronic funds transfer to a specific account at a financial institution as directed by the member as a refund of contributions upon termination of employment, which shall constitute a return of the member’s accumulated retirement contributions under this part. (b) Except as provided in subdivision (e), if the member has elected on a form provided by the system to transfer all or a specified portion of the accumulated retirement contributions 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 return of the member’s accumulated retirement contributions under this part. (c) Except as provided in subdivision (e), for refunds not involving direct trustee-to-trustee transfers, if the member returns the total gross distribution amount to the system’s headquarters office within 30 days from the mailing date, the refund shall be canceled and the person shall be restored as a member of the Defined Benefit Program with all the rights and privileges under this part restored. (d) Except as provided in subdivision (e), for refunds involving direct trustee-to-trustee transfers, if the member returns the warrant drawn to the trustee of the qualified plan or the trustee returns the amount of the qualified refund and, if applicable, any additional amounts necessary to equal, but in no event to exceed, the total gross distribution amount to the system’s headquarters office within 30 days from the mailing date, the refund shall be canceled and the person shall be restored as a member of the Defined Benefit Program with all the rights and privileges under this part restored. (e) The mode of notice described in subdivision (b) and the measurement of time within which the return of total gross distribution amounts described in subdivisions (c) and (d) shall be made are subject to Section 22337. (Amended by Stats. 2014, Ch. 755, Sec. 25. (SB 1220) Effective January 1, 2015.)
  25. 23106.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 18. Refund of Contributions [23100 - 23107] ( Chapter 18 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    A member who loses Defined Benefit Program service credit because the same service is credited in another qualifying public retirement system is entitled to a refund of accumulated retirement 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 18. Refund of Contributions [23100 - 23107] ( Chapter 18 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 23106. If a member ceases to be entitled to credit for service in the Defined Benefit Program because the member has become entitled to credit for that service in another retirement system supported wholly or in part by funds of the United States government, or any state government or political subdivision thereof, the member is entitled to a refund of the accumulated retirement contributions made during the period for which he or she is entitled to credit in the other retirement system. (Amended by Stats. 1998, Ch. 965, Sec. 128. Effective January 1, 1999.)
  26. 23107.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 18. Refund of Contributions [23100 - 23107] ( Chapter 18 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    A Defined Benefit Program member who has not ended membership and applies on system forms must be paid a refund of accumulated annuity deposit 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 18. Refund of Contributions [23100 - 23107] ( Chapter 18 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 23107. Any member of the Defined Benefit Program without terminating membership in the program and upon making application on forms provided by the system shall be paid a refund of the accumulated annuity deposit contributions under this part. (Amended by Stats. 1998, Ch. 965, Sec. 129. Effective January 1, 1999.)
  27. 232.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 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 4.5. Single Gender Schools and Classes [232 - 232.6] ( Article 4.5 added by Stats. 2017, Ch. 654, Sec. 1. )

    Verify source ↗

    The Legislature says California has existing single-gender schools and classes that may help evaluate whether single-gender education aligned with Title IX is beneficial to pupils.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 1 GENERAL PROVISIONS [1. - 446] ( Part 1 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Educational Equity [200 - 280] ( Heading of Chapter 2 amended by Stats. 1998, Ch. 914, Sec. 6. ) ## ARTICLE 4.5. Single Gender Schools and Classes [232 - 232.6] ( Article 4.5 added by Stats. 2017, Ch. 654, Sec. 1. ) ## 232. The Legislature finds and declares that there are existing single gender schools and classes in California that may assist the state in evaluating whether or not single gender education aligned with Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.) is beneficial to pupils. (Added by Stats. 2017, Ch. 654, Sec. 1. (AB 23) Effective October 11, 2017. Inoperative July 1, 2031. Repealed as of January 1, 2032, pursuant to Section 232.6.)
  28. 232.2.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 1 GENERAL PROVISIONS [1. - 446] ( Part 1 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Educational Equity [200 - 280] ( Heading of Chapter 2 amended by Stats. 1998, Ch. 914, Sec. 6. ) ## ARTICLE 4.5. Single Gender Schools and Classes [232 - 232.6] ( Article 4.5 added by Stats. 2017, Ch. 654, Sec. 1. )

    Verify source ↗

    Certain large school districts and qualifying charter schools may keep existing single-gender schools or classes if they adopt a Title IX compliance policy; enrollment limits and gender-identity-based enrollment rules also apply.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 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 4.5. Single Gender Schools and Classes [232 - 232.6] ( Article 4.5 added by Stats. 2017, Ch. 654, Sec. 1. ) ## 232.2. (a) (1) Notwithstanding Section 220 as it relates to discrimination on the basis of gender, and subdivisions (a) and (b) of Section 221.5, a school district with an average daily attendance of 250,000 or more pupils may maintain any single gender schools and classes that were enrolling pupils as of July 1, 2017, provided that the governing board of the school district has adopted a policy that addresses how the school district will ensure compliance with Title IX regulations (34 C.F.R. Part 106). (2) Notwithstanding Section 220 as it relates to discrimination on the basis of gender, and subdivisions (a) and (b) of Section 221.5, a charter school authorized by a school district with an average daily attendance of 250,000 or more pupils may be maintained as a single gender school or may maintain single gender classes, only if, as of July 1, 2017, the school operated as a single gender school or operated single gender classes, provided that the governing body of the charter school has adopted a policy that addresses how the charter school will ensure compliance with Title IX regulations (34 C.F.R. Part 106). (3) (A) A school continuing to operate as a single gender school pursuant to this section shall not have a total pupil enrollment exceeding 700 pupils. (B) A coeducational school maintaining existing single gender classes pursuant to this section shall not have a total pupil enrollment exceeding 1,000 pupils. This subparagraph shall not apply for single gender classes authorized pursuant to subdivision (b) of Section 221.5 or of the kinds described in paragraphs (1) to (4), inclusive, of subdivision (a) of Section 106.34 of Title 34 of the Code of Federal Regulations. (4) Any corrective action ordered by the department before July 1, 2017, and applicable to a school maintained under this section shall remain in effect. (5) A school continuing to operate a single gender class or as a single gender school pursuant to this section shall enroll pupils in the class or school, as applicable, based on the pupil’s gender identity. (b) A policy adopted pursuant to subdivision (a) shall include, but not necessarily be limited to, all of the following requirements: (1) The single gender aspect of the school or classes will serve an important school district or charter school objective to do either of the following: (A) Improve the educational achievement of its pupils through the school district’s or charter school’s overall established policy to provide diverse educational opportunities, provided that the single gender nature of the school or classes is substantially related to achieving that objective. (B) Meet the particular, identified educational needs of its pupils, provided that the single gender nature of the school or classes is substantially related to achieving that objective. (2) The school district or charter school will implement its objective in an evenhanded manner. (3) Pupil enrollment in a single gender school or classes will be voluntary. (4) (A) Except as provided in subparagraph (B), the school district or charter school will provide to all pupils a substantially equal coeducational class, extracurricular activity, or program in the same subject. (B) Subparagraph (A) shall not apply to a nonvocational charter school that is a single school that is not part of a network or chain of charter schools or a charter school management organization that has more than one school. (Amended by Stats. 2024, Ch. 373, Sec. 1. (AB 2046) Effective January 1, 2025. Inoperative July 1, 2031. Repealed as of January 1, 2032, pursuant to Section 232.6.)
  29. 232.4.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 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 4.5. Single Gender Schools and Classes [232 - 232.6] ( Article 4.5 added by Stats. 2017, Ch. 654, Sec. 1. )

    Verify source ↗

    Certain school districts and charter schools with existing single-gender schools or classes must evaluate them at least every two years, report the findings, and make them public. Public elementary and secondary schools generally may not operate as single-gender schools or classes, with stated exceptions.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 1 GENERAL PROVISIONS [1. - 446] ( Part 1 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Educational Equity [200 - 280] ( Heading of Chapter 2 amended by Stats. 1998, Ch. 914, Sec. 6. ) ## ARTICLE 4.5. Single Gender Schools and Classes [232 - 232.6] ( Article 4.5 added by Stats. 2017, Ch. 654, Sec. 1. ) ## 232.4. (a) A school district that maintains an existing single gender school or classes or a charter school that is an existing single gender school or that continues existing single gender classes, pursuant to Section 232.2, shall conduct the following evaluations at least once every two years: (1) An evaluation of whether the single gender aspect of the school or classes is based upon genuine justifications and does not rely on overly broad generalizations about the different talents, capacities, or preferences of different genders and that the single gender nature of the school or classes is substantially related to the achievement of the important objective for the school or classes. (2) An evaluation that examines whether the single gender school or class has been effective as compared to coeducational schools. (3) An evaluation of the impact of the single gender school or class on pupils who identify as lesbian, gay, bisexual, transgender, questioning, or gender nonconforming. (b) The metrics that the school district or charter school will use to evaluate the single gender school or class shall be included in the policy adopted pursuant to subdivision (a) of Section 232.2, and the evidence in the evaluation shall include, but need not be limited to, the evidence described in the United States Department of Education’s Office for Civil Rights “Questions and Answers on Title IX and Single-Sex Elementary and Secondary Classes and Extracurricular Activities” of December 1, 2014. (c) The school district or charter school shall submit the findings of the evaluations required pursuant to subdivision (a) to the Senate Committee on Education, the Assembly Committee on Education, the Assembly Committee on Judiciary, the Senate Committee on Judiciary, and the department. The school district or charter school shall also make the evaluation findings available to the public on its internet website. In the event that the department finds that one or more of the single gender schools or single gender classes fail to comply with the requirements of Title IX regulations (34 C.F.R. Part 106), or the requirements of this section, the department shall order corrective action up to and including requiring that the school or classes become coeducational. (d) Except as otherwise provided in this article and subdivision (b) of Section 221.5, no public elementary or secondary school, including a charter school, shall operate as a single gender school or with single gender classes. This subdivision does not prohibit the operation of single gender classes of the kinds described in paragraphs (1) to (4), inclusive, of subdivision (a) of Section 106.34 of Title 34 of the Code of Federal Regulations. (Amended by Stats. 2024, Ch. 373, Sec. 2. (AB 2046) Effective January 1, 2025. Inoperative July 1, 2031. Repealed as of January 1, 2032, pursuant to Section 232.6.)
  30. 232.6.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 1 GENERAL PROVISIONS [1. - 446] ( Part 1 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Educational Equity [200 - 280] ( Heading of Chapter 2 amended by Stats. 1998, Ch. 914, Sec. 6. ) ## ARTICLE 4.5. Single Gender Schools and Classes [232 - 232.6] ( Article 4.5 added by Stats. 2017, Ch. 654, Sec. 1. )

    Verify source ↗

    This section says Article 4.5 becomes inoperative on July 1, 2031, and is repealed on January 1, 2032.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 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 4.5. Single Gender Schools and Classes [232 - 232.6] ( Article 4.5 added by Stats. 2017, Ch. 654, Sec. 1. ) ## 232.6. This article shall become inoperative on July 1, 2031, and as of January 1, 2032, is repealed. (Amended by Stats. 2024, Ch. 373, Sec. 3. (AB 2046) Effective January 1, 2025. Inoperative July 1, 2031, by its own provisions. Repealed as of January 1, 2032, by its own provisions. Note: Repeal affects Article 4.5, commencing with Section 232.)
  31. 232.7.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 1 GENERAL PROVISIONS [1. - 446] ( Part 1 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Educational Equity [200 - 280] ( Heading of Chapter 2 amended by Stats. 1998, Ch. 914, Sec. 6. ) ## ARTICLE 4.7. Body Shaming [232.7- 232.7.] ( Article 4.7 added by Stats. 2023, Ch. 791, Sec. 1. )

    Verify source ↗

    The State Department of Education must create and post a model body-shaming policy and resources by June 30, 2025.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 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 4.7. Body Shaming [232.7- 232.7.] ( Article 4.7 added by Stats. 2023, Ch. 791, Sec. 1. ) ## 232.7. (a) (1) (A) On or before June 30, 2025, the State Department of Education, in consultation with the California Health and Human Services Agency, the Behavioral Health Services Oversight and Accountability Commission, and other relevant stakeholders, shall develop and post on its internet website a model policy and resources about body shaming that is appropriate for schools that serve pupils in kindergarten or any of grades 1 to 12, inclusive, and that local educational agencies may use to educate staff and pupils about the issue of body shaming. (B) The State Department of Education, in consultation with the California Health and Human Services Agency, the Behavioral Health Services Oversight and Accountability Commission, and other relevant stakeholders, may use existing resources or frameworks, or both, about body shaming or body image, or both, to meet the requirements of subparagraph (A). (2) Local educational agencies are encouraged to inform teachers, staff, parents, and pupils about the resources developed pursuant to subdivision (a), including, but not limited to, by providing information in pupil and employee handbooks and making the information available on each schoolsite’s internet website. (b) For purposes of this article, the following definitions apply: (1) “Body shaming” means the action or practice of mocking or stigmatizing a person by making critical comments or observations about the shape, size, or appearance of the person’s body. (2) “Local educational agency” means a school district, county office of education, or charter school. (Amended by Stats. 2025, Ch. 243, Sec. 1. (SB 862) Effective January 1, 2026.)
  32. 23200.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 19. Redeposit of Contributions [23200 - 23203] ( Chapter 19 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    A qualified person or member may redeposit refunded retirement contributions, and a member who redeposits part or all of previously refunded contributions may receive pro rata service credit.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 19. Redeposit of Contributions [23200 - 23203] ( Chapter 19 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 23200. (a) If a person, whose accumulated retirement contributions have been refunded, again becomes a member of the Defined Benefit Program or is subject to Section 23201, the person may request to redeposit all or a portion of those contributions with regular interest from the date of refund to the date the system receives the request to redeposit. (b) If a nonmember spouse, as defined in Section 22651, withdraws accumulated contributions in accordance with Section 22661, the member may redeposit all or a portion of those contributions pursuant to subdivision (a), providing they are not receiving an allowance under Chapter 26 (commencing with Section 24100) or Chapter 27 (commencing with Section 24201). (c) If a member requests to redeposit a portion of all accumulated retirement contributions that were previously refunded subject to requirements imposed by the board, the member shall receive pro rata service credit in proportion to the amount redeposited. (Amended by Stats. 2024, Ch. 117, Sec. 2. (AB 2770) Effective January 1, 2025.)
  33. 23201.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 19. Redeposit of Contributions [23200 - 23203] ( Chapter 19 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    A person whose retirement contributions were refunded may ask to redeposit all or part of them, with regular interest, if they want concurrent membership and have received or will qualify for a retirement allowance from certain retirement systems.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 19. Redeposit of Contributions [23200 - 23203] ( Chapter 19 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 23201. Any person whose accumulated retirement contributions were refunded, who wishes to establish concurrent membership, and who has received, or will qualify to receive, a retirement allowance from one or more of the retirement systems defined in Section 22115.2, may request to redeposit all or a portion of the accumulated retirement contributions that were refunded, with regular interest from the date of refund to the date the system receives the request to redeposit, without being employed to perform creditable service subject to coverage under the Defined Benefit Program. (Amended by Stats. 2024, Ch. 117, Sec. 3. (AB 2770) Effective January 1, 2025.)
  34. 23202.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 19. Redeposit of Contributions [23200 - 23203] ( Chapter 19 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    A member may elect to redeposit retirement contributions before retirement, but must sign and return the completed election within 35 calendar days of the offer.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 19. Redeposit of Contributions [23200 - 23203] ( Chapter 19 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 23202. (a) An election pursuant to Section 23200 to redeposit accumulated retirement contributions may be made by a member anytime prior to the effective date of the member’s retirement under this part. (b) An election to redeposit accumulated retirement contributions returned to the member shall be considered as an election to repay accumulated retirement contributions previously returned, up to but not exceeding the amount required to restore the total service credit returned, under the provisions of this chapter. A member shall sign and return the completed election to repay accumulated retirement contributions from the system to redeposit at a specific cost no later than 35 calendar days from the date of the offer. (c) If any payment due because of this election is not received at the system’s headquarters office within 120 calendar days of its due date, the election shall be canceled. Upon the cancellation of election, the member shall receive credit for the payments made under the election or, at the request of the member, those payments shall be returned. (d) If the election is canceled, the member may at any time prior to the effective date of retirement under this part, again elect to redeposit accumulated retirement contributions previously withdrawn or returned, in accordance with Section 23200 and all the laws, rules, and regulations pertaining thereto. (Amended by Stats. 2024, Ch. 117, Sec. 4. (AB 2770) Effective January 1, 2025.)
  35. 23203.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 19. Redeposit of Contributions [23200 - 23203] ( Chapter 19 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    A member who redeposits refunded retirement contributions must pay the contributions and interest before retirement, and redeposits may be paid in one lump sum or up to 120 monthly installments.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 19. Redeposit of Contributions [23200 - 23203] ( Chapter 19 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 23203. (a) A member who elects to redeposit refunded accumulated retirement contributions shall pay, prior to retirement, all contributions and interest as determined under Section 23200. (b) If the system is unable to inform the member or beneficiary of the amount required to redeposit the refunded accumulated retirement contributions 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 (d). The payment shall be paid in full before a member or beneficiary receives any adjustment in the appropriate allowance due because of that payment. (c) Redeposit of refunded accumulated retirement contributions shall be made in one sum, or in not more than 120 monthly installments, not to exceed ten years, provided that no installment, except the final installment, is less than twenty-five dollars ($25). (d) The measurement of time within which a redeposit described in subdivision (b) shall be made is subject to Section 22337. (Amended by Stats. 2013, Ch. 459, Sec. 8. (AB 989) Effective January 1, 2014.)
  36. 233.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 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 5. Hate Violence Prevention Act [233 - 233.8] ( Article 5 heading added by Stats. 1998, Ch. 914, Sec. 26. )

    Verify source ↗

    This section directs the State Board of Education and the State Department of Education to create and support policies, guidelines, curricula, training, and grants aimed at preventing discriminatory attitudes and hate violence in schools.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 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 5. Hate Violence Prevention Act [233 - 233.8] ( Article 5 heading added by Stats. 1998, Ch. 914, Sec. 26. ) ## 233. (a) At the request of the Superintendent of Public Instruction, the State Board of Education shall do all of the following as long as the board’s actions do not result in a state mandate or an increase in costs to a state or local program: (1) Adopt policies directed toward creating a school environment in kindergarten and grades 1 to 12, inclusive, that is free from discriminatory attitudes and practices and acts of hate violence. (2) Revise, as needed, and in accordance with the State Board of Education’s adopted Schedule for Curriculum Framework Development and Adoption of Instructional Materials developed pursuant to Section 60200, the state curriculum frameworks and guidelines and the moral and civic education curricula to include human relations education, with the aim of fostering an appreciation of the diversity of California’s population and discouraging the development of discriminatory attitudes and practices. (3) Establish guidelines for use in teacher and administrator in-service training programs to promote an appreciation of diversity and to discourage the development of discriminatory attitudes and practices that prevent pupils from achieving their full potential. (4) Establish guidelines for use in teacher and administrator in-service training programs designed to enable teachers and administrators to prevent and respond to acts of hate violence occurring on their school campuses. (5) Establish guidelines designed to raise the awareness and sensitivity of teachers, administrators, and school employees to potentially prejudicial and discriminatory behavior and to encourage the participation of these groups in these programs. (6) Develop guidelines relating to the development of nondiscriminatory instructional and counseling methods. (7) Revise any appropriate guidelines previously adopted by the board to include procedures for preventing and responding to acts of hate violence. (b) The State Department of Education, in accordance with policies established by the State Board of Education for purposes of this subdivision, shall do all of the following: (1) Prepare guidelines for the design and implementation of local programs and instructional curricula that promote understanding, awareness, and appreciation of the contributions of people with diverse backgrounds and of harmonious relations in a diverse society. The guidelines shall include methods of evaluating the programs and curricula and suggested procedures to ensure coordination of the programs and curricula with appropriate local public and private agencies. (2) Provide grants, from funds appropriated for that purpose, to school districts and county offices of education to develop programs and curricula consistent with the guidelines developed in paragraph (1). (3) To the extent possible, provide advice and direct services, consistent with the guidelines developed in paragraph (1), to school districts and county offices of education that implement the programs and curricula developed in paragraph (2). (c) The State Board of Education shall carry out this section only if private funds, in an amount sufficient to pay for related State Department of Education staff activities on behalf of the board, are made available. (d) Nothing in this section shall be construed to require the governing board of a school district to offer any ethnic studies or human relations courses in the district. (e) As used in this section, “hate violence” means any act punishable under Section 422.6, 422.7, or 422.75 of the Penal Code. (Amended by Stats. 2000, Ch. 955, Sec. 2. Effective January 1, 2001.)
  37. 233.5.

    ## 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 5. Hate Violence Prevention Act [233 - 233.8] ( Article 5 heading added by Stats. 1998, Ch. 914, Sec. 26. )

    Verify source ↗

    Each teacher must teach pupils moral and civic principles and is encouraged to help create a school environment free from discrimination.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 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 5. Hate Violence Prevention Act [233 - 233.8] ( Article 5 heading added by Stats. 1998, Ch. 914, Sec. 26. ) ## 233.5. (a) Each teacher shall endeavor to impress upon the minds of the pupils the principles of morality, truth, justice, patriotism, and a true comprehension of the rights, duties, and dignity of American citizenship, and the meaning of equality and human dignity, including the promotion of harmonious relations, kindness toward domestic pets and the humane treatment of living creatures, to teach them to avoid idleness, profanity, and falsehood, and to instruct them in manners and morals and the principles of a free government. (b) Each teacher is also encouraged to create and foster an environment that encourages pupils to realize their full potential and that is free from discriminatory attitudes, practices, events, or activities, in order to prevent acts of hate violence, as defined in subdivision (e) of Section 233. (Added by renumbering Section 44806 by Stats. 1998, Ch. 914, Sec. 42. Effective January 1, 1999.)
  38. 233.8.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 1 GENERAL PROVISIONS [1. - 446] ( Part 1 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Educational Equity [200 - 280] ( Heading of Chapter 2 amended by Stats. 1998, Ch. 914, Sec. 6. ) ## ARTICLE 5. Hate Violence Prevention Act [233 - 233.8] ( Article 5 heading added by Stats. 1998, Ch. 914, Sec. 26. )

    Verify source ↗

    The State Department of Education must provide regional training on identifying hate violence, and the Superintendent of Public Instruction must set grant competition bands and allocate competitive grant funds if funds are appropriated.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 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 5. Hate Violence Prevention Act [233 - 233.8] ( Article 5 heading added by Stats. 1998, Ch. 914, Sec. 26. ) ## 233.8. (a) The State Department of Education shall provide regional training to assist school district personnel in the identification and determination of hate violence on school campuses. (b) (1) A grant program for school districts shall be established by the department for the purpose of enabling pupils and teachers to participate in educational programs focused on fostering ethnic sensitivity, overcoming racism and prejudice, and countering hatred and intolerance. It is the intent of the Legislature that the grants be awarded on a competitive basis with similar sized school districts and county offices of education competing against each other for grant funds. The Superintendent of Public Instruction shall establish grant competition bands as follows: (A) Districts with less than 2,501 average daily attendance. (B) Districts with more than 2,500 average daily attendance but less than 5,001. (C) Districts with more than 5,000 average daily attendance but less than 15,001. (D) Districts with more than 15,000 average daily attendance but less than 30,001. (E) Districts with more than 30,000 average daily attendance. (F) County offices of education. (2) The Superintendent of Public Instruction shall allocate the appropriated funds for competitive grants to each of the competitive bands based on the amount of average daily attendance in all districts in the competitive range compared to the statewide average daily attendance in all school districts and county offices of education. The grant program is not required to be implemented under this section unless funds are appropriated for that purpose. (Added by Stats. 2000, Ch. 959, Sec. 2. Effective January 1, 2001.)
  39. 23300.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 20. Beneficiary Designation [23300 - 23304] ( Chapter 20 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    Members can name beneficiaries for certain retirement benefits, but the designation must be in writing, on the system’s form, signed by the member, and received before 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 20. Beneficiary Designation [23300 - 23304] ( Chapter 20 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 23300. (a) A member of the Defined Benefit Program may designate a beneficiary to receive benefits payable under this part upon the member’s death. A beneficiary designation may not be made in derogation of a community property interest of a nonmember spouse, as defined by Section 25000.9, with respect to service or contributions credited under this part, unless the nonmember spouse has previously obtained an alternative order pursuant to Section 2610 of the Family Code. (b) A member’s beneficiary designation for benefits payable under the Defined Benefit Program, including a designation made pursuant to Section 24300 or 24300.1, shall also apply to benefits payable under the Defined Benefit Supplement Program. A beneficiary designation shall be in writing on a form prescribed by the system and executed by the member. (c) A beneficiary designation shall not be valid unless it is received in the system’s headquarters office prior to the member’s death. (d) A member may change or revoke a beneficiary designation at any time by making a new designation pursuant to this section. (e) This section is not applicable to the designation of an option beneficiary or an annuity beneficiary under this part. (f) An option beneficiary may designate a death beneficiary who would, upon the death of the option beneficiary, be entitled to receive the option beneficiary’s accrued monthly allowance. (Amended by Stats. 2013, Ch. 558, Sec. 18. (AB 1379) Effective January 1, 2014.)
  40. 23301.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 20. Beneficiary Designation [23300 - 23304] ( Chapter 20 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    Certain organizations and public entities may be named as beneficiaries, but they cannot be named as option beneficiaries except for a trust defined elsewhere in the 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 20. Beneficiary Designation [23300 - 23304] ( Chapter 20 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 23301. A corporation, trust, charitable organization, parochial institution, or public entity may be designated as a beneficiary under this part, but they shall not be designated as option beneficiaries, except a trust as defined in Section 22149. (Amended by Stats. 2019, Ch. 96, Sec. 16. (AB 644) Effective January 1, 2020.)
  41. 23302.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 20. Beneficiary Designation [23300 - 23304] ( Chapter 20 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    If payment is made to the beneficiary designated on file at the member’s death, the board, system, and plan are fully discharged from liability for 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 20. Beneficiary Designation [23300 - 23304] ( Chapter 20 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 23302. Payment under this part to a beneficiary designated in the form on file in the system at the date of death by a warrant drawn prior to any claim under community property rights shall constitute full discharge of any and all liability of the board, system, and plan by reason of the member’s death. (Amended by Stats. 1998, Ch. 965, Sec. 135. Effective January 1, 1999.)
  42. 23303.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 20. Beneficiary Designation [23300 - 23304] ( Chapter 20 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The board may, in limited cases, pay funeral expenses directly to the undertaker or to someone who paid them.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 20. Beneficiary Designation [23300 - 23304] ( Chapter 20 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 23303. (a) If the whereabouts of the designated beneficiary cannot be determined, or if the beneficiary is the estate of the deceased person, the board may pay to the undertaker who conducted the funeral, or to any person who, or any organization that, has paid the undertaker from funds owned by the person or organization, in its discretion all or a portion of any amount payable under this part, but not to exceed the funeral expenses of the deceased person, or the portion of the expenses paid by the person or organization, as evidenced by the sworn itemized statement of the undertaker, person, or organization and by any other documents the board may require. (b) The payment shall be in full and complete discharge and acquittance of the board, system, and plan up to the amount paid. (Amended by Stats. 1998, Ch. 965, Sec. 136. Effective January 1, 1999.)
  43. 23304.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 20. Beneficiary Designation [23300 - 23304] ( Chapter 20 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    If there is no beneficiary designation in effect when the member dies, the benefit must be paid to the member’s estate.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 20. Beneficiary Designation [23300 - 23304] ( Chapter 20 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 23304. If no beneficiary designation is in effect on the date of death, any benefit payable under this part shall be paid to the estate of the member. Payment pursuant to the board’s determination in good faith upon evidence satisfactory to it of the existence, identity or other facts relating to entitlement of persons under this section shall constitute a complete discharge and release of the system and plan from liability for the benefit. (Amended by Stats. 1998, Ch. 965, Sec. 137. Effective January 1, 1999.)
  44. 234.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 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 5.5. Safe Place to Learn Act [234 - 234.5] ( Article 5.5 added by Stats. 2007, Ch. 566, Sec. 2. )

    Verify source ↗

    This section names the article the Safe Place to Learn Act and states California’s policy to have local educational agencies keep working to reduce discrimination, harassment, violence, intimidation, and bullying.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 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 5.5. Safe Place to Learn Act [234 - 234.5] ( Article 5.5 added by Stats. 2007, Ch. 566, Sec. 2. ) ## 234. (a) This article shall be known, and may be cited, as the Safe Place to Learn Act. (b) It is the policy of the State of California to ensure that all local educational agencies continue to work to reduce discrimination, harassment, violence, intimidation, and bullying. It is further the policy of the state to improve pupil safety at schools and the connections between pupils and supportive adults, schools, and communities. (Amended by Stats. 2011, Ch. 723, Sec. 1. (AB 9) Effective January 1, 2012. Operative July 1, 2012, by Sec. 8 of Ch. 723.)
  45. 234.1.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 1 GENERAL PROVISIONS [1. - 446] ( Part 1 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Educational Equity [200 - 280] ( Heading of Chapter 2 amended by Stats. 1998, Ch. 914, Sec. 6. ) ## ARTICLE 5.5. Safe Place to Learn Act [234 - 234.5] ( Article 5.5 added by Stats. 2007, Ch. 566, Sec. 2. )

    Verify source ↗

    The department must monitor local educational agencies, and those agencies must adopt, publicize, and enforce anti-discrimination and anti-bullying policies and complaint 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 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 5.5. Safe Place to Learn Act [234 - 234.5] ( Article 5.5 added by Stats. 2007, Ch. 566, Sec. 2. ) ## 234.1. The department, pursuant to subdivision (b) of Section 64001, shall monitor adherence to the requirements of Chapter 5.3 (commencing with Section 4900) of Division 1 of Title 5 of the California Code of Regulations and this chapter as part of its regular monitoring and review of local educational agencies, commonly known as the Categorical Program Monitoring process. The department shall assess whether local educational agencies have done all of the following: (a) Adopted a policy that prohibits discrimination, harassment, intimidation, and bullying based on the actual or perceived characteristics set forth in Section 422.55 of the Penal Code, including immigration status, and Section 220 of this code, and disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or association with a person or group with one or more of these actual or perceived characteristics. The policy shall include a statement that the policy applies to all acts related to school activity or school attendance occurring within a school under the jurisdiction of the local educational agency, and all acts of the governing board or body of the local educational agency, the superintendent of the school district, and the county superintendent of schools in enacting policies and procedures that govern the local educational agency. (b) Adopted a process for receiving and investigating complaints of discrimination, harassment, intimidation, and bullying based on any of the actual or perceived characteristics set forth in Section 422.55 of the Penal Code, including immigration status, and Section 220 of this code, and disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or association with a person or group with one or more of these actual or perceived characteristics. The complaint process shall include, but not be limited to, all of the following: (1) A requirement that, if school personnel witness an act of discrimination, harassment, intimidation, or bullying, they shall take immediate steps to intervene when safe to do so. (2) A timeline to investigate and resolve complaints of discrimination, harassment, intimidation, or bullying that shall be followed by all schools under the jurisdiction of the school district. (3) An appeal process afforded to the complainant in the case of a disagreement with the resolution of a complaint filed pursuant to this section. (4) All forms developed pursuant to this process shall be translated pursuant to Section 48985. (c) Publicized antidiscrimination, antiharassment, anti-intimidation, and antibullying policies adopted pursuant to subdivision (a), including information about the manner in which to file a complaint, to pupils, parents, employees, agents of the governing board, and the general public. The information shall be translated pursuant to Section 48985. (d) (1) Provided, incident to the publicizing described in subdivision (c), to certificated schoolsite employees who serve pupils in any of grades 7 to 12, inclusive, who are employed by the local educational agency, information on existing schoolsite and community resources related to the support of lesbian, gay, bisexual, transgender, and questioning (LGBTQ) pupils, or related to the support of pupils who may face bias or bullying on the basis of any of the actual or perceived characteristics set forth in Section 422.55 of the Penal Code, including immigration status, and Section 220 of this code, and disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or association with a person or group with one or more of these actual or perceived characteristics. (2) As used in this subdivision, both of the following apply: (A) Schoolsite resources may include, but are not limited to, peer support or affinity clubs and organizations, safe spaces for LGBTQ or other at-promise pupils, counseling services, staff who have received antibias or other training aimed at supporting these pupils or who serve as designated support to these pupils, health and other curriculum materials that are inclusive of, and relevant to, these pupils, online training developed pursuant to Section 32283.5, and other policies adopted pursuant to this article, including related complaint procedures. (B) Community resources may include, but are not limited to, community-based organizations that provide support to LGBTQ or other at-promise pupils and their families, and physical and mental health providers with experience or training in treating or supporting these pupils. (e) Prominently and conspicuously displayed the policy established pursuant to subdivision (a) in areas that are accessible to, and commonly frequented by, schoolsite employees, pupils, and members of the public at each schoolsite and local educational agency office, including, but not limited to, in school office lobbies, staff lounges, pupil government meeting rooms, and on the local educational agency’s internet website. (f) Maintained documentation of complaints and their resolution for a minimum of one review cycle. (g) Ensured that complainants are protected from retaliation and that the identity of a complainant alleging discrimination, harassment, intimidation, or bullying remains confidential, as appropriate. (h) Identified a responsible local educational agency officer for ensuring school district or county office of education compliance with the requirements of Chapter 5.3 (commencing with Section 4900) of Division 1 of Title 5 of the California Code of Regulations and this chapter. (i) Nothing in this section shall be construed to require school employees to engage with religious institutions in the course of identifying community support resources pursuant to this section. (Amended by Stats. 2024, Ch. 38, Sec. 1. (SB 153) Effective June 29, 2024.)
  46. 234.2.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 1 GENERAL PROVISIONS [1. - 446] ( Part 1 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Educational Equity [200 - 280] ( Heading of Chapter 2 amended by Stats. 1998, Ch. 914, Sec. 6. ) ## ARTICLE 5.5. Safe Place to Learn Act [234 - 234.5] ( Article 5.5 added by Stats. 2007, Ch. 566, Sec. 2. )

    Verify source ↗

    The department must post and update bullying-related information on its websites and inform school districts each year; it may use email to do so.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 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 5.5. Safe Place to Learn Act [234 - 234.5] ( Article 5.5 added by Stats. 2007, Ch. 566, Sec. 2. ) ## 234.2. (a) The department shall display current information, and periodically update information, on curricula and other resources that specifically address bias-related discrimination, harassment, intimidation, cyber sexual bullying, as defined in Section 48900, and bullying based on any of the actual or perceived characteristics set forth in Section 422.55 of the Penal Code and Section 220 on the California Healthy Kids Resource Center Internet Web site and other appropriate department Internet Web sites where information about discrimination, harassment, intimidation, cyber sexual bullying, and bullying is posted. (b) The department shall annually inform school districts of the information on the California Healthy Kids Resource Center Internet Web site and other appropriate department Internet Web sites where information about cyber sexual bullying is posted pursuant to subdivision (a). The department may use electronic mail to inform school districts of this information. (c) School districts are encouraged to inform pupils regarding the available information and resources on the department’s Internet Web sites regarding the dangers and consequences of cyber sexual bullying to help reduce the instances of cyber sexual bullying. (Amended by Stats. 2016, Ch. 419, Sec. 1. (AB 2536) Effective January 1, 2017.)
  47. 234.3.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 1 GENERAL PROVISIONS [1. - 446] ( Part 1 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Educational Equity [200 - 280] ( Heading of Chapter 2 amended by Stats. 1998, Ch. 914, Sec. 6. ) ## ARTICLE 5.5. Safe Place to Learn Act [234 - 234.5] ( Article 5.5 added by Stats. 2007, Ch. 566, Sec. 2. )

    Verify source ↗

    The department must create a model handout about certain student rights, obligations, and school policies, and post it on appropriate department websites.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 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 5.5. Safe Place to Learn Act [234 - 234.5] ( Article 5.5 added by Stats. 2007, Ch. 566, Sec. 2. ) ## 234.3. The department shall develop a model handout describing the rights and obligations set forth in Sections 200, 201, and 220 and the policies addressing bias-related discrimination, harassment, intimidation, and bullying in schools. This model handout shall be posted on appropriate department Internet Web sites. (Amended by Stats. 2011, Ch. 723, Sec. 4. (AB 9) Effective January 1, 2012. Operative July 1, 2012, by Sec. 8 of Ch. 723.)
  48. 234.4.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 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 5.5. Safe Place to Learn Act [234 - 234.5] ( Article 5.5 added by Stats. 2007, Ch. 566, Sec. 2. )

    Verify source ↗

    A local educational agency must adopt procedures to prevent bullying, including cyberbullying, by December 31, 2019.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 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 5.5. Safe Place to Learn Act [234 - 234.5] ( Article 5.5 added by Stats. 2007, Ch. 566, Sec. 2. ) ## 234.4. (a) A local educational agency shall adopt, on or before December 31, 2019, procedures for preventing acts of bullying, including cyberbullying. (b) For purposes of this section, a “local educational agency” means a school district, a county office of education, or a charter school. (Added by Stats. 2018, Ch. 491, Sec. 1. (AB 2291) Effective January 1, 2019.)
  49. 234.41.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 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 5.5. Safe Place to Learn Act [234 - 234.5] ( Article 5.5 added by Stats. 2007, Ch. 566, Sec. 2. )

    Verify source ↗

    The department must create and share a model cyberbullying policy by June 30, 2026, and local educational agencies must adopt or modify their own policy by July 1, 2027 and post it on their websites.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 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 5.5. Safe Place to Learn Act [234 - 234.5] ( Article 5.5 added by Stats. 2007, Ch. 566, Sec. 2. ) ## 234.41. (a) (1) On or before June 30, 2026, the department, in consultation with relevant stakeholders, shall develop, post on its internet website, and distribute to each local educational agency, a model policy on how to address reported acts of cyberbullying occurring outside of school hours, provided that, when engaged in outside of the campus, the act is sufficiently severe or pervasive to have the actual and reasonably expected effect of creating an intimidating or hostile educational environment. The model policy shall clarify that local educational agencies are authorized, but not required, to address those acts. This section does not impose liability on a local educational agency for failing to address those acts. (2) In developing the model policy required pursuant to paragraph (1), the department, in consultation with relevant stakeholders, may use existing resources or frameworks, including, but not limited to, the Multi-Tiered System of Supports, which includes restorative justice practices, trauma-informed practices, social and emotional learning, and schoolwide positive behavior interventions and support, to be used to help pupils gain critical social and emotional skills, receive support to help transform trauma-related responses, understand the impact of their actions, and develop meaningful methods for repairing harm to the school community. (3) In developing the model policy required pursuant to paragraph (1), the department, in consultation with relevant stakeholders, shall consider establishing guidance on the factors necessary to determine what constitutes an intimidating or hostile educational environment, as well as the factors that demonstrate severity and pervasiveness. (b) The model policy developed pursuant to subdivision (a) shall be appropriate for local educational agencies that serve pupils enrolled in any of grades 4 to 12, inclusive. (c) (1) On or before July 1, 2027, each local educational agency shall adopt a policy, or modify its existing procedures adopted pursuant to Section 234.4, on how to address reported acts of cyberbullying occurring outside of school hours, provided that, when engaged in outside of the campus, the act is sufficiently severe or pervasive to have the actual and reasonably expected effect of creating an intimidating or hostile educational environment. The adopted policy may be the model policy developed by the department pursuant to subdivision (a) or a locally adopted policy with input from stakeholders. (2) Each local educational agency shall post a copy of the adopted policy on its internet website and the internet website of each of its schoolsites. (d) For purposes of this section, “local educational agency” means a school district, county office of education, or charter school. (Added by Stats. 2025, Ch. 620, Sec. 1. (AB 772) Effective January 1, 2026.)
  50. 234.5.

    ## 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 5.5. Safe Place to Learn Act [234 - 234.5] ( Article 5.5 added by Stats. 2007, Ch. 566, Sec. 2. )

    Verify source ↗

    The Superintendent must post and annually update a statewide list of support resources for students and families affected by school-based discrimination, harassment, intimidation, or bullying, and notify local educational agencies that the list is available.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 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 5.5. Safe Place to Learn Act [234 - 234.5] ( Article 5.5 added by Stats. 2007, Ch. 566, Sec. 2. ) ## 234.5. (a) (1) The Superintendent shall post, and annually update, on the department’s internet website and notify local educational agencies of the availability of a list of statewide resources, including community-based organizations, that provide support to youth, and their families, who have been subjected to school-based discrimination, harassment, intimidation, or bullying, including school-based discrimination, harassment, intimidation, or bullying on the basis of neurodiversity, religious affiliation, nationality, race, or ethnicity, or perceived neurodiversity, religious affiliation, nationality, race, or ethnicity. (2) The resources included pursuant to paragraph (1) that provide support for youth, and their families, who have been subjected to school-based discrimination, harassment, intimidation, or bullying on the basis of neurodiversity shall include those developed by the University of California and California State University Collaborative for Neurodiversity and Learning. (b) The department’s internet website shall also include a list of statewide resources for youth who have been affected by gangs, gun violence, and psychological trauma caused by violence at home, at school, and in the community. (Amended by Stats. 2024, Ch. 907, Sec. 1. (SB 939) Effective January 1, 2025.)
  51. 234.6.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 1 GENERAL PROVISIONS [1. - 446] ( Part 1 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Educational Equity [200 - 280] ( Heading of Chapter 2 amended by Stats. 1998, Ch. 914, Sec. 6. ) ## ARTICLE 5.6. Bullying and Harassment Prevention Information [234.6- 234.6.] ( Article 5.6 added by Stats. 2019, Ch. 282, Sec. 2.5. )

    Verify source ↗

    Local educational agencies must post specified bullying, harassment, and related student-support information on their websites, and later must also post neurodiversity resources.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 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 5.6. Bullying and Harassment Prevention Information [234.6- 234.6.] ( Article 5.6 added by Stats. 2019, Ch. 282, Sec. 2.5. ) ## 234.6. (a) For purposes of this article, “local educational agency” means a county office of education, school district, state special school, or charter school. (b) Commencing with the 2020–21 academic year, each local educational agency shall ensure that all of the following information is readily accessible in a prominent location on the local educational agency’s existing internet website in a manner that is easily accessible to parents or guardians and pupils: (1) The local educational agency’s policy on pupil suicide prevention in grades 7 to 12, inclusive, adopted pursuant to Section 215. (2) The local educational agency’s policy on pupil suicide prevention in kindergarten and grades 1 to 6, inclusive, adopted pursuant to Section 215, including reference to the age appropriateness of that policy. (3) The definition of discrimination and harassment based on sex as described in Section 230. This shall include the rights set forth in Section 221.8. (4) The Title IX information included on a local educational agency’s internet website pursuant to Section 221.61. (5) A link to the Title IX information included on the department’s internet website pursuant to Section 221.6. (6) The local educational agency’s written policy on sexual harassment, as it pertains to pupils, prepared pursuant to Section 231.5. (7) The local educational agency’s policy, if it exists, on preventing and responding to hate violence as described in Section 233. (8) The local educational agency’s anti-discrimination, anti-harassment, anti-intimidation, and anti-bullying policies as described in Section 234.1. (9) The local educational agency’s anti-cyberbullying procedures adopted pursuant to Section 234.4. (10) A section on social media bullying that includes all of the following references to possible forums for social media bullying: (A) Internet websites with free registration and ease of registration. (B) Internet websites offering peer-to-peer instant messaging. (C) Internet websites offering comment forums or sections. (D) Internet websites offering image or video posting platforms. (11) A link to statewide resources, including community-based organizations, compiled by the department pursuant to Section 234.5. (12) Any additional information a local educational agency deems important for preventing bullying and harassment. (c) Commencing with the 2025–26 academic year, each local educational agency shall ensure that the resources related to neurodiversity developed by the University of California and California State University Collaborative for Neurodiversity and Learning are readily accessible in a prominent location on the local educational agency’s internet website in a manner that is easily accessible to parents or guardians and pupils. (Amended by Stats. 2024, Ch. 907, Sec. 2. (SB 939) Effective January 1, 2025.)
  52. 234.7.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 1 GENERAL PROVISIONS [1. - 446] ( Part 1 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Educational Equity [200 - 280] ( Heading of Chapter 2 amended by Stats. 1998, Ch. 914, Sec. 6. ) ## ARTICLE 5.7. Pupil Protections Relating to Immigration and Citizenship Status [234.7- 234.7.] ( Article 5.7 added by Stats. 2017, Ch. 493, Sec. 5. )

    Verify source ↗

    School officials and local educational agencies have strict limits on collecting immigration-status information, allowing immigration-enforcement access, and disclosing pupil records, with specific exceptions.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 1 GENERAL PROVISIONS [1. - 446] ( Part 1 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Educational Equity [200 - 280] ( Heading of Chapter 2 amended by Stats. 1998, Ch. 914, Sec. 6. ) ## ARTICLE 5.7. Pupil Protections Relating to Immigration and Citizenship Status [234.7- 234.7.] ( Article 5.7 added by Stats. 2017, Ch. 493, Sec. 5. ) ## 234.7. (a) Except as required by state or federal law or as required to administer a state or federally supported educational program, school officials and employees of a local educational agency shall not do either of the following: (1) Collect information or documents regarding citizenship or immigration status of pupils or their family members. (2) Allow an officer or employee of an agency conducting immigration enforcement to enter a nonpublic area of a schoolsite for any purpose without being presented with a valid judicial warrant or judicial subpoena, or a court order. Any school official or employee of a local educational agency shall, to the extent practicable, request a valid identification from an officer or employee of an agency conducting immigration enforcement seeking to enter a nonpublic area of a schoolsite. This subdivision shall not be construed to limit a local educational agency’s or school official’s right to consult with counsel or challenge the validity of a warrant, subpoena, or court order in a court of competent jurisdiction. (b) A local educational agency and its personnel, to the extent practicable, shall not disclose or provide in writing, verbally, or in any other manner, the education records of or any information about a pupil or a pupil’s family and household without the pupil’s parents’ or guardians’ written consent, a school employee, or a teacher, including, but not limited to, personal information as defined in subdivision (a) of Section 1798.3 of the Civil Code, information about a pupil’s home, and information about a pupil’s travel schedule, to an officer or employee of an agency conducting immigration enforcement absent a valid judicial warrant or judicial subpoena, or court order directing the local educational agency or its personnel to do so. Any disclosure of a pupil’s education records pursuant to a valid judicial warrant or judicial subpoena, or court order shall be in accordance with the parent notification requirements set forth in Section 99.31(a)(9)(ii) of Title 34 of the Code of Federal Regulations. (c) The superintendent of a school district, the superintendent of a county office of education, and the principal of a charter school, as applicable, shall report to the respective governing board or body of the local educational agency in a timely manner any requests for information or access to a schoolsite by an officer or employee of a law enforcement agency for the purpose of enforcing the immigration laws in a manner that ensures the confidentiality and privacy of any potentially identifying information. (d) If an employee of a school is aware that a pupil’s parent or guardian is not available to care for the pupil, the school shall first exhaust any parental instruction relating to the pupil’s care in the emergency contact information it has for the pupil to arrange for the pupil’s care. A school is encouraged to work with parents or guardians to update their emergency contact information and not to contact a child protective services agency to arrange for the pupil’s care unless the school is unable to arrange for care through the use of emergency contact information or other information or instructions provided by the parent or guardian. (e) The governing board or body of a local educational agency shall do all of the following: (1) (A) Provide information to parents and guardians, as appropriate, regarding their child’s right to a free public education, regardless of immigration status or religious beliefs. This information shall include information relating to both of the following: (i) The Immigration-Enforcement Actions at California Schools Guide for Students and Families, also known as “Know Your Educational Rights,” developed by the Attorney General. (ii) “Promoting a Safe and Secure Learning Environment for All: Guidance and Model Policies to Assist California’s K–12 Schools in Responding to Immigration Issues” issued by the Attorney General on January 6, 2025, including, but not limited to, information related to plans for family safety, the caregiver’s authorization affidavit in Section 6552 of the Family Code, and the importance of providing the school with, and regularly updating, emergency contact information, including secondary and additional contact information. The provided information shall be revised as necessary to be consistent with any revisions or updates to the guidance issued by the Attorney General. (B) The information may be provided in the annual notification to parents and guardians pursuant to Section 48980 or any other cost-effective means determined by the local educational agency. (C) The guide specified in clause (i) subparagraph (A) shall be posted in the administrative buildings and on the internet websites of the local educational agency and each of its schoolsites. The guide shall be posted in every language that the Attorney General provides and shall be updated the school year following any updates published by the Attorney General. (2) Educate pupils about the negative impact of bullying other pupils based on their actual or perceived immigration status or their religious beliefs and customs. (f) This section does not prohibit the governing board or body of a local educational agency from establishing stronger standards and protections. (g) (1) The Attorney General, by April 1, 2018, in consultation with the appropriate stakeholders, shall publish model policies limiting assistance with immigration enforcement at public schools, to the fullest extent possible consistent with federal and state law, and ensuring that public schools remain safe and accessible to all California residents, regardless of immigration status. The Attorney General shall, at a minimum, consider all of the following issues when developing the model policies: (A) Procedures related to requests for access to school grounds for purposes related to immigration enforcement. (B) Procedures for local educational agency employees to notify the superintendent of the school district or the superintendent’s designee, the superintendent of the county office of education or the superintendent’s designee, or the principal of the charter school or the principal’s designee, as applicable, if an individual requests or gains access to school grounds for purposes related to immigration enforcement. (C) Procedures for responding to requests for personal information about pupils or their family members for purposes of immigration enforcement. (2) The Attorney General shall, no later than December 1, 2025, update the model policies described in paragraph (1) to ensure that these policies align with the prohibition applicable to school officials and employees of local educational agencies as described in paragraph (2) of subdivision (a), and the requirements for local educational agencies, as described in this section. (3) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the Department of Justice may implement, interpret, or make specific this section without taking any regulatory action. (h) All local educational agencies shall do all of the following: (1) Adopt the model policies developed pursuant to paragraph (1) of subdivision (g), or equivalent policies, by July 1, 2018. (2) Revise their model policies as necessary to be consistent with any revisions or updates to the model policies developed by the Attorney General, including “Promoting a Safe and Secure Learning Environment for All: Guidance and Model Policies to Assist California’s K–12 Schools in Responding to Immigration Issues” issued by the Attorney General on January 6, 2025, including, but not limited to, information related to plans for family safety, the caregiver’s authorization affidavit in Section 6552 of the Family Code, and the importance of providing the school with, and regularly updating, emergency contact information, including secondary and additional contact information. (3) Update their model policies to align with this section, including paragraph (2) of subdivision (g), by March 1, 2026. (i) This section does not prohibit or restrict any governmental entity or official from sending to, or receiving from, federal immigration authorities, information regarding the citizenship or immigration status, lawful or unlawful, of an individual, or from requesting from federal immigration authorities immigration status information, lawful or unlawful, of any individual, or maintaining or exchanging that information with any other federal, state, or local governmental entity, pursuant to Sections 1373 and 1644 of Title 8 of the United States Code. (j) A local educational agency shall maintain its policy adopted pursuant to subdivision (h) and make the policy available to the department upon request. (k) Local educational agencies may be subject to monitoring and auditing by the department to ensure compliance with the requirements of subdivisions (h) and (j). (l) For purposes of this section, the following definitions apply: (1) “Immigration enforcement” includes any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal civil immigration law, and any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal criminal immigration law that penalizes a person’s presence in, entry, or reentry to, or employment in, the United States. (2) “Local educational agency” means a school district, county office of education, or charter school. (3) “Schoolsite” means an individual school campus of a school district, county office of education, or charter school, an area where a local educational agency’s school-sponsored activity is currently being held, or a schoolbus or other transportation provided by a local educational agency. (Amended by Stats. 2025, Ch. 664, Sec. 3.3. (AB 495) Effective January 1, 2026.)
  53. 23400.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 21. Pre-1972 Benefits [23400 - 23404] ( Chapter 21 added by Stats. 1993, Ch. 893, Sec. 2. )

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    If a disability retiree under 55 takes gainful work, the board must reduce the pension portion not based on contributions; the amount is adjusted again if earnings change, and at age 55 the allowance is restored and cannot be changed again under this section.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 21. Pre-1972 Benefits [23400 - 23404] ( Chapter 21 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 23400. (a) If, prior to attaining the age of 55 years, a person who is entitled to receive a retirement allowance because of his or her retirement for disability prior to July 1, 1972, engages in a gainful occupation, the board shall reduce the portion of his or her monthly retirement allowance that is not provided by his or her accumulated contributions, to an amount, which when added to the compensation earned monthly by him or her, does not exceed the amount of the compensation that would be earnable by a person holding the same or an equal position as or to that which he or she held at the time of his or her retirement, and in the same salary step or rating, or if no such position then exists, the compensation earnable immediately prior to its abolition. (b) If his or her earnings are further altered, the board shall further alter that portion of his or her retirement allowance to the lower of the following amounts: (1) The amount of that portion of his or her retirement allowance as it would be if not reduced under this section. (2) An amount that, when added to the compensation earned by him or her, equals the amount of the compensation that would be earnable by a person holding the same or an equal position as or to that which he or she held at the time of his or her retirement, and in the same salary step or rating, or if no such position then exists, the compensation earnable immediately prior to its abolition. (c) For purposes of this section, the retirement allowance subject to adjustment is the unmodified allowance irrespective of the option elected. (d) When he or she attains the age of 55 years, his or her retirement allowance shall be made equal to the amount it would be if not reduced under this section, and may not again be modified under this section. Section 24015 does not apply to those persons affected by this section. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.)
  54. 23401.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 21. Pre-1972 Benefits [23400 - 23404] ( Chapter 21 added by Stats. 1993, Ch. 893, Sec. 2. )

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    The board may require certain disability retirees under age 58 to have a medical exam, and benefits can end if the person is found no longer disabled or refuses the exam.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 21. Pre-1972 Benefits [23400 - 23404] ( Chapter 21 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 23401. The board may require any member who retired for disability, prior to July 1, 1972, and who has not attained 58 years of age, to undergo a medical examination. If the examination, together with other available information, shows to the satisfaction of the board that the member is no longer disabled, the retirement allowance shall be terminated. Should any member retired for disability refuse to submit to medical examination, as provided in this section, the disability retirement allowance shall be terminated and all rights of the member in the disability retirement allowance shall be revoked. (Amended by Stats. 1996, Ch. 634, Sec. 185. Effective January 1, 1997.)
  55. 23402.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 21. Pre-1972 Benefits [23400 - 23404] ( Chapter 21 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    Benefits tied to deaths before July 1, 1972 continue, and former Sections 14195 and 14196 still apply to those 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 21. Pre-1972 Benefits [23400 - 23404] ( Chapter 21 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 23402. Benefits payable on account of deaths that occurred prior to July 1, 1972, and provided under former Section 14193, as it read prior to July 1, 1972, shall be continued. Former Sections 14195 and 14196 as they read prior to that date shall continue to apply to these payments. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.)
  56. 23403.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 21. Pre-1972 Benefits [23400 - 23404] ( Chapter 21 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    Survivor benefits for deaths that occurred before July 1, 1972 must continue under the amounts and conditions set out in the former law 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 21. Pre-1972 Benefits [23400 - 23404] ( Chapter 21 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 23403. Survivor benefits payable on account of deaths that occurred prior to July 1, 1972, shall be continued in the amounts and under the conditions stated in former Sections 14186 and 14189, as they read prior to July 1, 1972. (Amended by Stats. 1994, Ch. 933, Sec. 52. Effective September 28, 1994.)
  57. 23404.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 21. Pre-1972 Benefits [23400 - 23404] ( Chapter 21 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    When a retirement allowance that started before July 1, 1972 ends, the member’s account is credited with actuarial-equivalent amounts, but the credited amount cannot be more than the member’s accumulated contributions 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 21. Pre-1972 Benefits [23400 - 23404] ( Chapter 21 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 23404. Upon termination of the retirement allowance that began to accrue prior to July 1, 1972, the member’s individual account shall be credited with amounts that are the actuarial equivalents at that time, as based on the disabled life, where retirement had been for disability, or on the active life where the retirement had been for service of the allowance and annuities being paid from accumulated retirement contributions, accumulated annuity deposit contributions, or accumulated tax-sheltered annuity contributions. These credited amounts shall not exceed the amount of his or her accumulated contributions as they were in those accounts at the date of retirement. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.)
  58. 235.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 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 6. Alternative Schools, Charter Schools, and School Choice [235- 235.] ( Article 6 heading added by Stats. 1998, Ch. 914, Sec. 27. )

    Verify source ↗

    Alternative schools and charter schools must not discriminate on the basis of the characteristics listed in Section 220.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 1 GENERAL PROVISIONS [1. - 446] ( Part 1 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Educational Equity [200 - 280] ( Heading of Chapter 2 amended by Stats. 1998, Ch. 914, Sec. 6. ) ## ARTICLE 6. Alternative Schools, Charter Schools, and School Choice [235- 235.] ( Article 6 heading added by Stats. 1998, Ch. 914, Sec. 27. ) ## 235. There shall be no discrimination on the basis of the characteristics listed in Section 220 in any aspect of the operation of alternative schools or charter schools. (Amended by Stats. 2007, Ch. 569, Sec. 13. Effective January 1, 2008.)
  59. 23700.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 21.5. Election of Disability and Death Benefit Coverage [23700 - 23706] ( Chapter 21.5 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    Members of the Defined Benefit Program whose membership starts on or after October 16, 1992 must be covered by the survivor benefit and disability retirement programs.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 21.5. Election of Disability and Death Benefit Coverage [23700 - 23706] ( Chapter 21.5 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 23700. (a) New survivor benefit and disability retirement programs that are provided under the Defined Benefit Program pursuant to Chapter 23 (commencing with Section 23850) and Chapter 26 (commencing with Section 24100), are effective as of October 16, 1992. All members of the Defined Benefit Program with an effective date of membership in the program on or after October 16, 1992, shall be covered by these survivor benefit and disability retirement programs under this part. (b) The purpose of this chapter is to set forth the criteria for granting certain members of the Defined Benefit Program, as defined in Section 23702, the opportunity to elect to either retain coverage under the current family allowance and disability allowance programs pursuant to Chapter 22 (commencing with Section 23800), and Chapter 25 (commencing with Section 24001) or to be covered under the survivor benefit and disability retirement programs. (Amended by Stats. 1998, Ch. 965, Sec. 138. Effective January 1, 1999.)
  60. 23701.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 21.5. Election of Disability and Death Benefit Coverage [23700 - 23706] ( Chapter 21.5 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    Members must make disability and death benefit elections within the stated 180-day window, and elections made then are treated as effective from October 16, 1992.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 21.5. Election of Disability and Death Benefit Coverage [23700 - 23706] ( Chapter 21.5 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 23701. (a) The election of disability and death benefit programs shall be made during the 180-day period commencing on October 16, 1992, and ending on April 13, 1993. All elections made during this period shall be effective as of October 16, 1992. (b) If a member has made an election and subsequently becomes disabled or dies, the benefits shall be paid under the elected program provisions as though the election had been executed on October 16, 1992. (Added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.)
  61. 23702.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 21.5. Election of Disability and Death Benefit Coverage [23700 - 23706] ( Chapter 21.5 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    Certain Defined Benefit Program members may make an irrevocable election about which disability and survivor benefit coverage to keep.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 21.5. Election of Disability and Death Benefit Coverage [23700 - 23706] ( Chapter 21.5 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 23702. (a) All members in the Defined Benefit Program on October 15, 1992, who are not receiving a disability allowance or a retirement allowance with an effective date prior to October 16, 1992, shall be eligible to make an irrevocable election, pursuant to this chapter, to retain coverage under either the disability allowance and family allowance programs or to have coverage under the disability retirement and survivor benefits programs. (b) The member’s eligibility to participate in the election shall be based on the member’s status in the Defined Benefit Program on October 15, 1992, only, and not on prior or subsequent events. (Amended by Stats. 1999, Ch. 939, Sec. 60. Effective January 1, 2000.)
  62. 23703.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 21.5. Election of Disability and Death Benefit Coverage [23700 - 23706] ( Chapter 21.5 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    A member’s disability or death benefit election must satisfy specified requirements, including eligibility, use of the system’s form, spouse signature rules, witnessing, and filing 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 21.5. Election of Disability and Death Benefit Coverage [23700 - 23706] ( Chapter 21.5 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 23703. A member’s election of disability or death benefit coverage shall meet all of the following requirements: (a) The member is eligible to participate in the election pursuant to Section 23702. (b) The election is filed on a form provided by the system. (c) Except as provided in Section 23704, the election document contains the signature of the spouse of the member, unless the member declares, in writing, under penalty of perjury, that one of the following conditions exists: (1) The member does not know, and has taken all reasonable steps to determine, the whereabouts of the spouse. (2) The spouse is incapable of executing the acknowledgment because of an incapacitating mental or physical condition. (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 member is not married. (5) The current spouse has no identifiable community property interest in future benefits. (d) The election document is signed and dated during the 180-day election period specified in Section 23701. (e) The signatures of the member and the member’s spouse on the election document are witnessed by a third party who is at least 18 years of age. (f) The election document is received in the system’s office in Sacramento within 30 days after the date of signature, but no later than May 1, 1993. (Amended by Stats. 1994, Ch. 933, Sec. 55. Effective September 28, 1994.)
  63. 23704.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 21.5. Election of Disability and Death Benefit Coverage [23700 - 23706] ( Chapter 21.5 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    If a spouse refuses to sign the election document, the member may ask a court to enforce or waive the spousal signature requirement. Either party may also bring an action under Family Code Section 1101 to determine the party’s 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 21.5. Election of Disability and Death Benefit Coverage [23700 - 23706] ( Chapter 21.5 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 23704. If a spouse refuses to sign the election document, 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. (Added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.)
  64. 23705.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 21.5. Election of Disability and Death Benefit Coverage [23700 - 23706] ( Chapter 21.5 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The system must mail the member an acknowledgement notice after receiving the member’s election document. If the member disagrees with the recorded choice, the member has 30 days from the notice date to notify the system in writing.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 21.5. Election of Disability and Death Benefit Coverage [23700 - 23706] ( Chapter 21.5 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 23705. After receipt of a member’s election document, the system shall mail an acknowledgement notice to the member that indicates the member’s choice of disability and death benefit programs. If the member does not agree with the system’s recording of his or her election choice, the member has 30 days from the date of the acknowledgement notice to notify the system in writing. (Added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.)
  65. 23706.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 21.5. Election of Disability and Death Benefit Coverage [23700 - 23706] ( Chapter 21.5 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    If an election is not filed under this chapter, it counts as an election to keep disability allowance and family allowance 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 21.5. Election of Disability and Death Benefit Coverage [23700 - 23706] ( Chapter 21.5 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 23706. (a) Failure to file an election pursuant to this chapter shall be deemed to be an election to retain coverage under the disability allowance and family allowance programs. (b) Failure to meet all of the requirements for submitting an election pursuant to this chapter shall be deemed to be a failure to file an election. (Added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.)
  66. 23800.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 22. Active Death Benefits: Family Allowance [23800 - 23812] ( Chapter 22 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    This section says Chapter 22 governs death-benefit eligibility, benefit provisions, allowance calculations, and related rules for Defined Benefit Program benefits payable when an eligible member dies.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 22. Active Death Benefits: Family Allowance [23800 - 23812] ( Chapter 22 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 23800. (a) This chapter governs the eligibility provisions, benefit provisions, allowance computations, and related provisions for the benefits payable under this part with respect to the Defined Benefit Program upon the death of eligible members. “Members,” as used in this chapter, means all members who were receiving a disability allowance on October 15, 1992, and all persons who were members of the plan under this part on October 15, 1992, who were not receiving an allowance and who did not elect, pursuant to Chapter 21.5 (commencing with Section 23700), to be covered under Chapter 23 (commencing with Section 23850). (b) This chapter also contains three sections related to survivor benefits payable on account of deaths that occurred prior to July 1, 1972. (Amended by Stats. 2000, Ch. 1025, Sec. 29. Effective January 1, 2001.)
  67. 23801.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 22. Active Death Benefits: Family Allowance [23800 - 23812] ( Chapter 22 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    This section requires a death payment of at least $5,000 to a beneficiary when a qualifying member dies, and it lets the board adjust the amount and a beneficiary waive the payment right.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 22. Active Death Benefits: Family Allowance [23800 - 23812] ( Chapter 22 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 23801. (a) A death payment of no less than five thousand dollars ($5,000) shall be paid to the beneficiary upon receipt of proof of death of a member who had one or more years of credited service, including service deemed to the member under subparagraph (B) of paragraph (2) of subdivision (a) of Section 22851, at least one of which had been earned subsequent to the most recent refund of accumulated retirement contributions, if the member died during any one of the following periods: (1) While in employment for which creditable compensation is paid. (2) While disabled, if the disability had been continuous from the last day for which creditable compensation had been paid. (3) Within four months after termination of creditable service or termination of employment, whichever occurs first. (4) Within four months after termination of a disability allowance if no service was performed after the termination. (5) Within 12 months of the last day for which creditable compensation was paid, if the member was on an approved leave of absence without compensation for reasons other than disability. (6) While on a leave of absence to perform qualified military service, if the death occurred on or after January 1, 2007. (b) A death payment pursuant to this section shall not be payable for the death of a member that occurs within one year commencing with the effective date of reinstatement from service retirement pursuant to Section 24208. (c) The board may adjust the death payment amount following each actuarial valuation based on changes in the All Urban California Consumer Price Index and adopt any adjusted amount as a plan amendment. (d) A beneficiary may waive his or her right to the death payment in accordance with the requirements established by the system. The waiver shall be submitted on a properly executed form prescribed by the system. The filing of a waiver by a beneficiary constitutes a complete and immediate discharge of all obligations of the board, the system, or the plan to or on behalf of the beneficiary. (Amended by Stats. 2017, Ch. 298, Sec. 5. (AB 1325) Effective January 1, 2018.)
  68. 23802.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 22. Active Death Benefits: Family Allowance [23800 - 23812] ( Chapter 22 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    If proof of death is received and the member has no preretirement option in effect, the beneficiary must be paid specified accumulated contributions. The beneficiary may waive the lump-sum payment if the system’s requirements and prescribed form are 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 22. Active Death Benefits: Family Allowance [23800 - 23812] ( Chapter 22 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 23802. (a) Upon receipt of proof of death of a member who has no preretirement option in effect, and who either does not meet the eligibility requirements set forth in Section 23804, or meets the eligibility requirements set forth in Section 23804 but has no eligible survivors for a family allowance as specified in Section 23805 or 23806, there shall be paid to the beneficiary both of the following: (1) The accumulated retirement contributions after July 1, 1935. (2) The accumulated annuity deposit contributions. (b) Accumulated contributions include credited interest through the date of payment. (c) A beneficiary may waive the right to the lump-sum payment pursuant to this section in accordance with the requirements established by the system. The waiver shall be submitted on a properly executed form prescribed by the system. The filing of a waiver by a beneficiary constitutes a complete and immediate discharge of all obligations of the board, the system, or the plan to, or on behalf of, the beneficiary. (Amended by Stats. 2018, Ch. 416, Sec. 12. (SB 1165) Effective January 1, 2019.)
  69. 23803.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 22. Active Death Benefits: Family Allowance [23800 - 23812] ( Chapter 22 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    A beneficiary may request death payments and return of contributions, and the system may pay them as soon as practicable after proof of death 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 22. Active Death Benefits: Family Allowance [23800 - 23812] ( Chapter 22 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 23803. Notwithstanding Chapter 3 (commencing with Section 13100) of Part 1 of Division 8 of the Probate Code, or any other provision of law, death payments and return of contributions pursuant to Sections 23801 and 23802, if any, may be requested by the beneficiary and paid by the system as soon as practicable after receipt of proof of death. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.)
  70. 23804.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 22. Active Death Benefits: Family Allowance [23800 - 23812] ( Chapter 22 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    A family allowance may be paid when an eligible active or disabled member dies, if the stated service and election conditions are met. A beneficiary can also terminate the allowance by waiving rights on the system’s prescribed form.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 22. Active Death Benefits: Family Allowance [23800 - 23812] ( Chapter 22 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 23804. (a) A family allowance is payable upon the death of an active member or a disabled member who was receiving a disability allowance that began to accrue after June 30, 1972. (b) (1) For the family allowance to be payable upon the death of the member, all of the following conditions shall be met at the time of death: (A) Death occurred after June 30, 1972. (B) A preretirement election of an option is not in effect. (C) The provisions for the death payment under this part have been met. (2) In addition to the conditions specified in paragraph (1), at least one-half year of credited service had been performed subsequent to the end of the last break, if a break in service of more than one year had occurred. (3) In addition to the conditions specified in paragraph (1), at least one year of credited service had been performed subsequent to the last reinstatement date, if reinstated from service or disability retirement. (c) The family allowance shall be paid in lieu of the return of the member’s accumulated retirement contributions. (d) The family allowance may be terminated, if all eligible beneficiaries formally waive their rights in accordance with the requirements established by the system. The waiver shall be submitted on a properly executed form prescribed by the system. All waiver forms for an ongoing benefit shall include an acknowledgment on the part of the waiving beneficiary that the benefit being waived is an ongoing benefit, which may exceed the total amount of contributions and interest payable from the member’s account as a result of the waiver. The filing of a waiver by a beneficiary constitutes a complete and immediate discharge of all obligations of the board, the system, or the plan to or on behalf of the beneficiary. (Amended by Stats. 2017, Ch. 298, Sec. 6. (AB 1325) Effective January 1, 2018.)
  71. 23805.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 22. Active Death Benefits: Family Allowance [23800 - 23812] ( Chapter 22 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    This section sets the order and amounts for a family allowance death benefit, with different payment rules for a surviving spouse, dependent children, and dependent parents.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 22. Active Death Benefits: Family Allowance [23800 - 23812] ( Chapter 22 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 23805. A family allowance is payable in the amount and to the specified persons in the following order of priority: (a) To the deceased member’s surviving spouse who has financial responsibility for at least one dependent child, an amount equal to 40 percent of the member’s final compensation or the disabled member’s projected final compensation plus 10 percent of the member’s final compensation or the disabled member’s projected final compensation for each child, up to a maximum allowance of 90 percent. (b) If there is no surviving spouse or upon the death of the surviving spouse, to each dependent child, an amount equal to 10 percent of the deceased member’s final compensation or the disabled member’s projected final compensation, up to a maximum allowance of 50 percent. If there are more than five dependent children, they shall share equally in the maximum allowance of 50 percent. (c) To the surviving spouse at 60 years of age or over if there is no dependent child, a monthly allowance equal to the amount that would have been payable to the spouse as beneficiary under Option 3 pursuant to Section 24300, as that section read on December 31, 2006, that provides an allowance equal to one-half of the modified retirement allowance the member would have received at 60 years of age, computed on the member’s projected final compensation and projected service to normal retirement age. The allowance payable under this subdivision shall be increased by application of the benefit improvement factor for time that elapses between the date the member would have attained normal retirement age and the date the family allowance under this subdivision begins to accrue. The allowance calculation shall include service credit for the unused sick leave that had accrued to the member as of the date of his or her death. Eligibility for the inclusion of service credit for unused sick leave credit and the calculation of that service credit shall be determined pursuant to Section 22717. (d) If there is no surviving spouse or dependent child, to the dependent parent, 60 years of age or over, a monthly allowance equal to the amount that would have been payable to the dependent parent as beneficiary under Option 3 pursuant to Section 24300, as that section read on December 31, 2006, that provides an allowance equal to one-half of the modified retirement allowance the member would have received at 60 years of age, computed on the member’s projected final compensation and projected service to normal retirement age. The allowance calculation shall include service credit for the unused sick leave that had accrued to the member as of the date of his or her death. Eligibility for the inclusion of service credit for unused sick leave and the calculation of that service credit shall be determined pursuant to Section 22717. If there are two dependent parents, only one family allowance shall be payable under this subdivision and that allowance shall be computed on the assumption that the younger parent is the option beneficiary and the allowance shall be divided equally for as long as there are two dependent parents. Thereafter, the full allowance shall be payable to the surviving dependent parent. (e) The surviving spouse or dependent parent may elect to begin receiving the family allowance payable under subdivision (c) or (d) immediately upon the later of the death of the member or when there is no dependent child, or to defer receipt of the allowance to the date the surviving spouse or dependent parent attains 60 years of age. If allowance payments commence prior to the date the surviving spouse or dependent parent attains 60 years of age, the allowance payable shall be actuarially reduced. (f) If there is no dependent child, a surviving spouse or dependent parent or parents may elect, prior to receipt of the first payment under subdivision (c) or (d), to receive the member’s accumulated retirement contributions in a lump sum subject to a reduction for any disability allowance or family allowance payments previously made. (g) (1) The allowance calculated under this section shall not include either of the following: (A) The increase in the percentage of final compensation pursuant to Section 24203.5. (B) The increase in the monthly allowance pursuant to Section 24203.6. (2) This subdivision does not constitute a change in, but is declaratory of, the existing law. (Amended by Stats. 2007, Ch. 323, Sec. 9. Effective January 1, 2008.)
  72. 23805.5.

    ## 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 22. Active Death Benefits: Family Allowance [23800 - 23812] ( Chapter 22 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    A parent can count as dependent for this benefit only if several support, tax-return, and asset conditions are met. A claimant or guardian must also give the board tax returns and any other financial evidence the board asks for.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 22. Active Death Benefits: Family Allowance [23800 - 23812] ( Chapter 22 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 23805.5. (a) A parent claiming a benefit under Section 23805 is dependent if all of the following apply: (1) The parent was receiving one-half or more of his or her support from the member for the tax year preceding the member’s death. (2) The parent was declared as a dependent on the income tax return of the member for at least one of the two tax years preceding the member’s death. (3) No one else has assumed at least one-half of the parent’s support in the tax year of the member’s death. (4) The parent has net assets of not more than twenty-five thousand dollars ($25,000), excluding his or her personal residence and personal property therein. (b) A person claiming a benefit under Section 23805 or his or her guardian shall furnish the board a state or federal income tax return and any other evidence regarding his or her financial status as the board may require. (Added by Stats. 1999, Ch. 939, Sec. 61. Effective January 1, 2000.)
  73. 23806.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 22. Active Death Benefits: Family Allowance [23800 - 23812] ( Chapter 22 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    A dependent child not in the surviving spouse’s care must be counted in the family allowance, and that child’s share must be paid to a listed custodian or trustee.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 22. Active Death Benefits: Family Allowance [23800 - 23812] ( Chapter 22 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 23806. (a) A dependent child who is not in the care of the surviving spouse shall be included in the calculation of the family allowance. That child’s portion of the allowance shall be paid to the guardian of the estate of the child, the natural or adoptive parent having custody of the child, or if none, then to the trustee of the trust established for the benefit of the child. (b) In the case of a dependent child age 18 years or older, the child’s portion of the allowance shall be paid to the guardian of the estate of the child, trustee of the trust established for the benefit of the child, or if none, then to the child. (Amended by Stats. 1996, Ch. 1165, Sec. 16. Effective January 1, 1997.)
  74. 23809.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 22. Active Death Benefits: Family Allowance [23800 - 23812] ( Chapter 22 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    A family allowance must be reduced by other public-system benefits paid or payable for the same event.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 22. Active Death Benefits: Family Allowance [23800 - 23812] ( Chapter 22 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 23809. The family allowance payable to the surviving spouse who has financial responsibility for at least one dependent child, or the family allowance payable to a dependent child, shall be reduced by an amount equal to the unmodified benefits paid or payable from other public systems for the same event which qualified the surviving spouse or dependent child for the family allowance. (Amended by Stats. 1996, Ch. 1165, Sec. 19. Effective January 1, 1997.)
  75. 23810.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 22. Active Death Benefits: Family Allowance [23800 - 23812] ( Chapter 22 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    A family allowance must end on the day the recipient dies or no longer qualifies, unless Section 24600 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 22. Active Death Benefits: Family Allowance [23800 - 23812] ( Chapter 22 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 23810. If the person or persons to whom a family allowance is payable dies or no longer qualifies for the allowance, the allowance shall be terminated on the day of that event except as provided in Section 24600. (Added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.)
  76. 23811.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 22. Active Death Benefits: Family Allowance [23800 - 23812] ( Chapter 22 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    When family allowances end, the remaining balance must be paid to the member’s beneficiary.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 22. Active Death Benefits: Family Allowance [23800 - 23812] ( Chapter 22 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 23811. (a) Upon termination of family allowances under this part and prior to the payment of allowances equal to the amount of the member’s accumulated retirement contributions at the time of death, the balance shall be paid to the member’s beneficiary. (b) Payments provided under this section shall include credited interest on the unpaid balance calculated from the date family allowances were last paid or from the date of death, if no family allowance payments were made, to the date the balance is paid. (Added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.)
  77. 23812.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 22. Active Death Benefits: Family Allowance [23800 - 23812] ( Chapter 22 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    A surviving spouse who lost benefits because of remarriage may resume payment of those benefits, and the board is not required to find, notify, or share information about remarried spouses.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 22. Active Death Benefits: Family Allowance [23800 - 23812] ( Chapter 22 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 23812. (a) The surviving spouse of a deceased member who previously lost entitlement to benefits prescribed by this part due to remarriage shall be entitled to resume payment of the benefits effective either on January 1, 2000, or the first day of the month following receipt by the board of a written application for resumption of benefits, whichever date is later. The amount of the benefits payable shall be calculated as though the benefits had been paid without interruption from the date of remarriage through the benefits resumption effective date. (b) The board shall be under no requirement to identify, locate, or notify a remarried spouse of a deceased member who previously lost entitlement as a result of remarriage about the resumption of benefits provided in this section. The board shall be under no requirement to provide the name or address or any other information concerning any remarried spouse of a deceased member to any person, agency, or entity for the purpose of notifying those who may be eligible for the resumption of benefits under this section. (c) Nothing in this section shall be construed to imply or interpreted to mean that the benefits addressed shall be required to be paid retroactively. (d) This section does not apply to the surviving domestic partner of a member. (Amended by Stats. 2004, Ch. 912, Sec. 14. Effective January 1, 2005.)
  78. 23850.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 23. Active Death Benefits: Survivor Benefits [23850 - 23859] ( Chapter 23 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    This chapter sets rules for survivor death benefits under the Defined Benefit Program and defines who counts as a “Member” 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 23. Active Death Benefits: Survivor Benefits [23850 - 23859] ( Chapter 23 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 23850. This chapter governs the eligibility provisions, benefit provisions, allowance computations, and related provisions for the benefits payable under this part with respect to the Defined Benefit Program upon the death of eligible members. “Member,” as used in this chapter, means all persons who become members of the plan under this part on or after October 16, 1992, and all persons who were members as of October 15, 1992, who elected, pursuant to Chapter 21.5 (commencing with Section 23700), to be covered under the death benefit provisions of this chapter. (Amended by Stats. 2000, Ch. 1025, Sec. 30. Effective January 1, 2001.)
  79. 23851.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 23. Active Death Benefits: Survivor Benefits [23850 - 23859] ( Chapter 23 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    A death payment of at least $20,000 must be paid to a designated beneficiary when proof of death is received, if the member met the service and timing conditions. The board may adjust the amount, and a beneficiary may waive the payment.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 23. Active Death Benefits: Survivor Benefits [23850 - 23859] ( Chapter 23 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 23851. (a) A death payment of not less than twenty thousand dollars ($20,000) shall be paid to the beneficiary, as designated pursuant to Section 23300, upon receipt of proof of death of a member, who had one or more years of credited service, including service deemed to the member under subparagraph (B) of paragraph (2) of subdivision (a) of Section 22851, at least one of which had been earned subsequent to the most recent refund of accumulated retirement contributions, if the member died during any one of the following periods: (1) While in employment for which creditable compensation is paid. (2) Within four months after termination of creditable service or termination of employment, whichever occurs first. (3) Within 12 months of the last day for which creditable compensation was paid, if the member was on an approved leave of absence without creditable compensation for reasons other than disability. (4) While on a leave of absence to perform qualified military service, if the death occurred on or after January 1, 2007. (b) A death payment pursuant to this section shall not be payable for the death of a member that occurs within one year commencing with the effective date of termination of the service retirement allowance pursuant to Section 24208 or during the six calendar months commencing with the effective date of termination of the disability retirement allowance pursuant to Section 24117. (c) The board may adjust the death payment amount following each actuarial valuation based on changes in the All Urban California Consumer Price Index and adopt as a plan amendment with respect to the Defined Benefit Program any adjusted amount. (d) A designated beneficiary may waive the right to the death payment in accordance with the requirements established by the system. The waiver shall be submitted on a properly executed form prescribed by the system. The filing of a waiver by a beneficiary constitutes a complete and immediate discharge of all obligations of the board, the system, or the plan to or on behalf of the beneficiary. (Amended by Stats. 2017, Ch. 298, Sec. 7. (AB 1325) Effective January 1, 2018.)
  80. 23852.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 23. Active Death Benefits: Survivor Benefits [23850 - 23859] ( Chapter 23 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    After a member dies with no preretirement option in effect, the surviving spouse may choose between a lump-sum refund of accumulated retirement contributions and, if Section 23854 is met, a survivor benefit 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 23. Active Death Benefits: Survivor Benefits [23850 - 23859] ( Chapter 23 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 23852. Upon receipt of proof of death of a member who has no preretirement option in effect: (a) The surviving spouse may elect to receive either of the following: (1) The member’s accumulated retirement contributions in a lump sum. (2) If the member meets the provisions set forth in Section 23854, the survivor benefit allowance pursuant to Sections 23854 and 23855. (b) If there is no surviving spouse, and the member meets the provisions set forth in Section 23854, then each dependent child shall receive the child’s portion of the survivor benefit allowance pursuant to Sections 23854, 23855, and 23856. The child’s portion of the survivor benefit allowance shall be paid in lieu of the return of the member’s accumulated retirement contributions. (c) If there is no surviving spouse or dependent child to receive a benefit under subdivision (a) or (b), the member’s accumulated retirement contributions shall be paid to the member’s beneficiary in a lump sum. (d) The member’s accumulated annuity deposit contributions shall be paid to the member’s beneficiary in a lump sum. (e) The payment of accumulated contributions in a lump sum shall include credited interest through the date of payment. (f) A beneficiary may waive the right to the lump-sum payment or survivor benefit allowance in accordance with the requirements established by the system. The waiver shall be submitted on a properly executed form prescribed by the system. All waiver forms for an ongoing benefit shall include an acknowledgment on the part of the waiving beneficiary that the benefit being waived is an ongoing benefit, which may exceed the total amount of contributions and interest payable from the member’s account as a result of the waiver. The filing of a waiver by a beneficiary constitutes a complete and immediate discharge of all obligations of the board, the system, or the plan to, or on behalf of, the beneficiary. (Amended by Stats. 2018, Ch. 416, Sec. 13. (SB 1165) Effective January 1, 2019.)
  81. 23853.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 23. Active Death Benefits: Survivor Benefits [23850 - 23859] ( Chapter 23 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    A surviving spouse or beneficiary may request certain death payments or return of contributions, and the system must pay them as soon as practicable after proof of death 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 23. Active Death Benefits: Survivor Benefits [23850 - 23859] ( Chapter 23 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 23853. Notwithstanding Chapter 3 (commencing with Section 13100) of Part 1 of Division 8 of the Probate Code or any other provision of law to the contrary, death payments and return of contributions pursuant to Sections 23851 and 23852, if any, may be requested by the surviving spouse or beneficiary and paid by the system as soon as practicable after receipt of proof of death. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.)
  82. 23854.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 23. Active Death Benefits: Survivor Benefits [23850 - 23859] ( Chapter 23 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    A survivor benefit allowance is payable when proof of death is received if the member met the service and timing conditions. The allowance can be terminated if all eligible beneficiaries formally waive their rights using the system’s required form.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 23. Active Death Benefits: Survivor Benefits [23850 - 23859] ( Chapter 23 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 23854. (a) A survivor benefit allowance is payable upon receipt of proof of death of a member, as defined in Section 23850, who had one or more years of credited service, including deemed service under subparagraph (B) of paragraph (2) of subdivision (a) of Section 22851, at least one of which had been earned subsequent to the most recent refund of accumulated retirement contributions. (b) For the survivor benefit allowance to be payable upon the death of a member, all of the following conditions shall be met at the time of death: (1) Death occurred after October 15, 1992. (2) A preretirement election of an option is not in effect. (3) Death occurs during any one of the following periods: (A) While in employment for which compensation is paid. (B) Within four months after termination of service or termination of employment, whichever occurs first. (C) Within four months after reinstatement from disability retirement. (D) Within 12 months following the last day for which compensation was paid if the member was on an approved leave of absence without compensation for reasons other than disability. (E) While on a leave of absence to perform qualified military service, if the death occurred on or after January 1, 2007. (4) At least one-half year of credited service had been performed subsequent to the end of the last break in service, if a break in service of more than one year had occurred. (5) At least one year of credited service had been performed subsequent to the last reinstatement date, if reinstated from service retirement. (c) The survivor benefit allowance shall be paid in lieu of the return of the member’s accumulated retirement contributions. (d) The survivor benefit allowance may be terminated, if all eligible beneficiaries formally waive their rights in accordance with the requirements established by the system. The waiver shall be submitted on a properly executed form prescribed by the system. All waiver forms for an ongoing benefit shall include an acknowledgment on the part of the waiving beneficiary that the benefit being waived is an ongoing benefit, which may exceed the total amount of contributions and interest payable from the member’s account as a result of the waiver. The filing of a waiver by a beneficiary constitutes a complete and immediate discharge of all obligations of the board, the system, or the plan to or on behalf of the beneficiary. (Amended by Stats. 2017, Ch. 298, Sec. 8. (AB 1325) Effective January 1, 2018.)
  83. 23855.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 23. Active Death Benefits: Survivor Benefits [23850 - 23859] ( Chapter 23 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The section sets how a survivor benefit allowance is calculated and paid to a surviving spouse, with related child benefits if applicable.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 23. Active Death Benefits: Survivor Benefits [23850 - 23859] ( Chapter 23 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 23855. (a) The survivor benefit allowance is a monthly allowance equal to one-half of the modified retirement allowance the member would have received at normal retirement age, if the member had retired and elected Option 3 pursuant to Section 24300, as that section read on December 31, 2006, naming the spouse as the option beneficiary. (b) The allowance payable under this subdivision shall be based on the member’s actual service credit and final compensation as of the date of his or her death, the retirement factor at normal retirement age, and the member’s and spouse’s ages as of the date the member would have attained normal retirement age. If the member’s death occurs after he or she attains normal retirement age, his or her actual final compensation, the retirement factor at normal retirement age, and the member’s and spouse’s ages as of the date of the member’s death shall be used in the allowance calculation. (c) The allowance calculation shall include service credit for the unused sick leave that had accrued to the member as of the date of his or her death. Eligibility for the inclusion of unused sick leave service credit and the calculation of that service credit shall be determined pursuant to Section 22717. (d) (1) The allowance calculation shall not include either of the following: (A) The increase in the percentage of final compensation pursuant to Section 24203.5. (B) The increase of the monthly allowance pursuant to Section 24203.6. (2) The amendments to this section made by the act adding this paragraph do not constitute a change in, but are declaratory of, existing law. (e) The surviving spouse may elect to begin receiving the survivor benefit allowance immediately as of the date of the member’s death or to defer receipt of the allowance to the date the member would have attained normal retirement age. If allowance payments to the surviving spouse commence prior to the date the member would have attained normal retirement age, the allowance payable shall be actuarially reduced. (f) If the spouse elects, pursuant to Section 23852, to receive the survivor benefit allowance, an additional 10 percent of final compensation shall be payable for each dependent child who is under 21 years of age, up to a maximum of 50 percent of final compensation. The child’s portion shall begin to accrue on the day following the member’s date of death and shall be payable even if the spouse elects to postpone receipt of the spouse’s survivor benefit allowance until the date the member would have attained normal retirement age. (g) If there is no surviving spouse, an allowance in an amount equal to 10 percent of the deceased member’s final compensation shall be paid to each dependent child who is under 21 years of age, up to a maximum of 50 percent of final compensation. If there are more than five dependent children, they shall receive allowances in equal shares of the 50 percent of final compensation. A child’s portion of the survivor benefit allowance shall begin to accrue on the day following the member’s date of death. (Amended by Stats. 2013, Ch. 559, Sec. 18. (AB 1381) Effective January 1, 2014. Deemed operative January 1, 2013, by Sec. 1 of Ch. 559.)
  84. 23856.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 23. Active Death Benefits: Survivor Benefits [23850 - 23859] ( Chapter 23 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    A dependent child not in the surviving spouse’s care must be included in the survivor benefit calculation, and the child’s share must be paid to the listed recipient in order of priority.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 23. Active Death Benefits: Survivor Benefits [23850 - 23859] ( Chapter 23 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 23856. (a) A dependent child who is not in the care of the surviving spouse shall be included in the calculation of the children’s portion of the survivor benefit allowance. That child’s portion of the allowance shall be paid to the guardian of the estate of the child, the natural or adoptive parent having custody of the child, or if none, then to the trustee of the trust established for the benefit of the child. (b) In the case of a dependent child who is age 18 years or older, the child’s portion of the allowance shall be paid to the guardian of the estate of the child, trustee of the trust established for the benefit of the child, or if none, then to the child. (Amended by Stats. 1996, Ch. 1165, Sec. 21. Effective January 1, 1997.)
  85. 23858.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 23. Active Death Benefits: Survivor Benefits [23850 - 23859] ( Chapter 23 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    A survivor benefit allowance must end on the day the recipient dies or no longer qualifies, except as provided in Section 24600.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 23. Active Death Benefits: Survivor Benefits [23850 - 23859] ( Chapter 23 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 23858. If the person or persons to whom a survivor benefit allowance is payable dies or no longer qualifies for the allowance, the allowance shall be terminated on the day of the event except as provided in Section 24600. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.)
  86. 23859.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 23. Active Death Benefits: Survivor Benefits [23850 - 23859] ( Chapter 23 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    When a survivor benefit allowance ends and the amount paid is less than the member’s accumulated retirement contributions at death, the remaining balance must be paid to the spouse’s estate, or to a designated beneficiary if there is no spouse and a beneficiary was designated.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 23. Active Death Benefits: Survivor Benefits [23850 - 23859] ( Chapter 23 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 23859. (a) Upon termination of a survivor benefit allowance pursuant to this chapter, if the total allowance paid or payable is less than the amount of the member’s accumulated retirement contributions at the time of death, the remaining balance of accumulated retirement contributions shall be paid to the estate of the spouse. (b) If there is no spouse, and if there is a designated beneficiary pursuant to Section 23300, then upon termination of the survivor benefit allowance payable to all eligible dependent children pursuant to Section 23852, if the total allowance paid or payable is less than the amount of the member’s accumulated retirement contributions at the time of death, the remaining balance of the accumulated retirement contributions shall be paid to the member’s designated beneficiary pursuant to Section 23300. (c) Payments provided under this section shall include credited interest on the unpaid balance calculated from the date the last survivor benefit allowance payment was made or from the date of death of the member, if no survivor benefit allowance payments were made, to the date the balance is paid. (Amended by Stats. 2009, Ch. 304, Sec. 17. (SB 634) Effective January 1, 2010.)
  87. 23880.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 24. Retired Death Benefits [23880 - 23882] ( Chapter 24 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    A retired member’s beneficiary must receive a death payment of at least $5,000 when proof of death is received, subject to specified eligibility 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 24. Retired Death Benefits [23880 - 23882] ( Chapter 24 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 23880. (a) A death payment of not less than five thousand dollars ($5,000) shall be paid to the beneficiary, as designated pursuant to Section 23300, upon receipt of proof of death of either of the following: (1) A retired member. (2) A member, if the death payment pursuant to Section 23801 would have otherwise been payable or if the conditions specified pursuant to paragraphs (3) and (5) of subdivision (b) of Section 23854 are met, and if the member’s death occurs during one of the following periods: (A) Within one year commencing with the effective date of reinstatement from service retirement pursuant to Section 24208. (B) Within six months commencing with the effective date of reinstatement from disability retirement pursuant to Section 24117. (b) The board may adjust the death payment amount following each actuarial valuation based on changes in the All Urban California Consumer Price Index and adopt as a plan amendment any adjusted amount. (c) A designated beneficiary may waive the right to the death payment in accordance with the requirements established by the system. The waiver shall be submitted on a properly executed form prescribed by the system. The filing of a waiver by a beneficiary constitutes a complete and immediate discharge of all obligations of the board, the system, or the plan to or on behalf of the beneficiary. (Amended by Stats. 2017, Ch. 298, Sec. 9. (AB 1325) Effective January 1, 2018.)
  88. 23881.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 24. Retired Death Benefits [23880 - 23882] ( Chapter 24 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    A designated beneficiary may waive the death payment, and that waiver ends the board’s, system’s, or plan’s obligations to the beneficiary. The section also says remaining retirement contributions must be paid to the proper beneficiary when specified death conditions are met, with interest added.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 24. Retired Death Benefits [23880 - 23882] ( Chapter 24 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 23881. (a) If upon receipt of proof of death of a retired member who was receiving an unmodified allowance and who retired under this part after June 30, 1972, there is a remaining balance of the member’s accumulated retirement contributions, the balance shall be paid to the member’s beneficiary. (b) Upon receipt of proof of death of a retired member’s option beneficiary after the beneficiary begins to receive an allowance, the remaining balance of a member’s accumulated retirement contributions, if any, shall be paid to the beneficiary designated by the option beneficiary to receive that payment. (c) The remaining balance of a retired member’s accumulated retirement contributions shall be the difference between the balance of the accumulated retirement contributions on the effective date of the member’s retirement and the total retirement allowance paid or payable to the retired member on the date of the member’s death. If the retired member predeceased the option beneficiary, the remaining balance of the retired member’s accumulated retirement contributions shall be the difference between the balance of the accumulated retirement contributions on the effective date of the member’s retirement and the total retirement allowance paid or payable to the retired member and the option beneficiary on the date of the option beneficiary’s death. (d) Payments pursuant to this section shall include interest on the remaining balance of accumulated retirement contributions calculated from the date the last allowance payment was made to the date the remaining balance of accumulated retirement contributions is paid. (e) A designated beneficiary may waive the right to the death payment in accordance with the requirements established by the system. The waiver shall be submitted on a properly executed form prescribed by the system. The filing of a waiver by a beneficiary constitutes a complete and immediate discharge of all obligations of the board, the system, or the plan to or on behalf of the beneficiary. (Amended by Stats. 2017, Ch. 298, Sec. 10. (AB 1325) Effective January 1, 2018.)
  89. 23882.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 24. Retired Death Benefits [23880 - 23882] ( Chapter 24 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    A beneficiary may request death payments and return of contributions, and the system may pay them as soon as practicable after proof of death 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 24. Retired Death Benefits [23880 - 23882] ( Chapter 24 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 23882. Notwithstanding Chapter 3 (commencing with Section 13100) of Part 1 of Division 8 of the Probate Code or any other provision of law, death payments and return of contributions pursuant to Sections 23880 and 23881, if any, may be requested by the beneficiary and paid by the system as soon as practicable after receipt of proof of death. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.)
  90. 240.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 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 7. Instructional Materials [240 - 244] ( Heading of Article 7 renumbered from Article 4 by Stats. 1998, Ch. 914, Sec. 28. )

    Verify source ↗

    School district governing boards must adopt instructional materials under Section 60040.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 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 7. Instructional Materials [240 - 244] ( Heading of Article 7 renumbered from Article 4 by Stats. 1998, Ch. 914, Sec. 28. ) ## 240. Governing boards of school districts shall adopt instructional materials in accordance with the provisions of Section 60040. (Added by Stats. 1982, Ch. 1117, Sec. 1.)
  91. 2400.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 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 11. County School Supply Revolving Fund [2400 - 2403] ( Chapter 11 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    If a school supply revolving fund is established, the county superintendent of schools (or a county purchasing agent acting under the superintendent’s direction) must buy school supplies and equipment for eligible county school districts and, on district requisition, deliver them with a cost memorandum.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 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 11. County School Supply Revolving Fund [2400 - 2403] ( Chapter 11 enacted by Stats. 1976, Ch. 1010. ) ## 2400. The county superintendent of schools, or, when so directed by him or her, the county purchasing agent, shall, whenever a school supply revolving fund is established, purchase school supplies and equipment for the school districts of the county which are required or authorized to purchase supplies or equipment through him or her, and upon requisition therefor by the proper authorities of the district shall deliver or cause the supplies to be delivered to the district together with a memorandum of the amount of the cost of the supplies delivered. (Amended by Stats. 1981, Ch. 470, Sec. 8.)
  92. 24001.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 25. Disability Allowance [24001 - 24018] ( Chapter 25 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    A member may apply for a disability allowance if they submit a properly completed written application to the board and meet the stated service and disability 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 25. Disability Allowance [24001 - 24018] ( Chapter 25 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24001. A member may apply for a disability allowance under the Defined Benefit Program upon written application for disability allowance to the board on a properly executed form provided by the system and subject to the following: (a) (1) The member has five or more years of credited service and all of the following requirements are met: (A) At least four years were credited for actual performance of service subject to coverage under the Defined Benefit Program. Credit received because of workers’ compensation payments shall be counted toward the four-year requirement in accordance with Section 22710. (B) The last five years of credited service were performed in this state. (C) Except as described in subdivision (d) of Section 24201.5, the member is not currently receiving a service retirement allowance and at least one year was credited for service performed subsequent to the date on which the member terminated a service retirement allowance under Section 24208. (D) At least one year was credited for service performed subsequent to the most recent refund of accumulated retirement contributions. (E) The member has neither attained normal retirement age, nor possesses sufficient unused sick leave days to receive creditable compensation on account of sick leave to normal retirement age. (F) The member is not applying for a disability allowance because of a physical or mental condition known to exist at the time the most recent membership in the Defined Benefit Program commenced and remains substantially unchanged at the time of application. (2) A member who becomes disabled prior to normal retirement age, who has sick leave which will extend beyond normal retirement age, and who has a dependent child, may be awarded a disability allowance with an effective date after normal retirement age if the application is filed prior to attaining normal retirement age. (b) Nothing in subdivision (a) shall affect the right of a member to a disability allowance under this part if the reason that the member is credited with less than four years of actual service performed subject to coverage under the Defined Benefit Program is due to an on-the-job injury or a disease that occurred while the member was employed and the four-year requirement can be satisfied by credit obtained under Chapter 14 (commencing with Section 22800) or Chapter 14.5 (commencing with Section 22850) in addition to any credit received from workers’ compensation payments. (c) Nothing in subdivision (a) shall affect the right of a member under this part who has less than five years of credited service to a disability allowance if the following conditions are met: (1) The member has at least one year of credited service performed in this state. (2) The disability is the direct result of an unlawful act of bodily injury that was perpetrated on his or her person by another human being while the member was performing his or her official duties in a position subject to coverage under the Defined Benefit Program. (3) The member provides documentation of the unlawful act in the form of an official police report or official employer incident report. (d) A member who is eligible to apply for a disability allowance pursuant to this section may also apply for a service retirement pending a determination of his or her application for disability as described in Section 24201.5. (Amended by Stats. 2018, Ch. 416, Sec. 14. (SB 1165) Effective January 1, 2019.)
  93. 24001.5.

    ## 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 25. Disability Allowance [24001 - 24018] ( Chapter 25 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    A member is not eligible for a disability allowance under the Defined Benefit Program while on leave to serve as a full-time elected officer of an employee organization.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 25. Disability Allowance [24001 - 24018] ( Chapter 25 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24001.5. A member shall not be eligible for a disability allowance under the Defined Benefit Program while on a leave of absence to serve as a full-time elected officer of an employee organization, even if the member receives service credit under Section 22711. (Amended by Stats. 2001, Ch. 803, Sec. 11. Effective January 1, 2002.)
  94. 24002.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 25. Disability Allowance [24001 - 24018] ( Chapter 25 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The board may authorize a disability allowance if a qualified member applies on the proper form within one of the listed time periods.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 25. Disability Allowance [24001 - 24018] ( Chapter 25 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24002. (a) The board may authorize payment of a disability allowance to any member who is qualified upon application under this part by the member, the member’s guardian or conservator, or the member’s employer, if the application is submitted on a properly executed form prescribed by the system during any one of the following periods: (1) While the member is employed and has performed creditable service within the four months previous to application, or while the member is on a compensated leave of absence. (2) While the member is physically or mentally incapacitated for performance of service and the incapacity has been continuous from the last day of actual performance of service for which compensation is payable to the member. (3) While the member is on a leave of absence without compensation, granted for reason other than mental or physical incapacity for performance of service, and within four months after the last day of actual performance of service for which compensation is payable to the member, or within 12 months of that date if the member is on an employer-approved leave to study at an approved college or university. (4) Within four months after the termination of the member’s employment subject to coverage under the Defined Benefit Program, if the application was not made under paragraph (2) and was not made more than four months after the last day of actual performance of service for which compensation is payable to the member. (b) A member is not qualified to receive a disability allowance if the member is applying because of a physical or mental condition that existed at the time the most recent membership in the Defined Benefit Program commenced and which remains substantially unchanged at the time of application. (Amended by Stats. 2013, Ch. 558, Sec. 19. (AB 1379) Effective January 1, 2014.)
  95. 24003.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 25. Disability Allowance [24001 - 24018] ( Chapter 25 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    This section requires a member seeking a disability allowance to provide medical documentation, and it lets the system order medical review or examination.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 25. Disability Allowance [24001 - 24018] ( Chapter 25 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24003. (a) The member shall provide medical documentation to substantiate the impairment qualifying the member for the disability allowance. (b) On receipt of an application for disability allowance under this part, the system may order a medical examination or review of medical documentation of a member to determine whether the member is incapacitated for performance of service. The medical examination or review of medical documentation shall be conducted by a practicing physician, selected by the board, with expertise in the member’s impairment and the board shall pay all costs associated with the examination or review of medical documentation. If the member refuses to submit to the required medical examination or review of medical documentation, the application for disability allowance shall be rejected. If a medical examination is ordered: (1) The member shall either remain in this state, or return to this state at the member’s own expense, to undergo the medical examination, or the application shall be rejected, unless this requirement is waived by the board. The board shall pay all other reasonable costs related to travel and meals in accordance with the rates set for state employees by the Department of Human Resources. (2) If the member is too ill to be examined, the system shall postpone the examination until the member can be examined. The member or the member’s treating physician shall inform the system, in writing, when the medical examination can be rescheduled. (c) The system may reject the disability allowance application under this part if the member fails to provide requested medical documentation to substantiate a disability, as defined in Section 22126, within 45 days from the date of the request or within 30 days from the time that a legally designated representative is empowered to act on behalf of a member who is mentally or physically incapacitated. (d) If the board determines that a member who has applied for a disability allowance under this part may perform service in the member’s former position of employment or in a comparable level position with the assistance of reasonable accommodation, the board may require the member to request reasonable accommodation from the employer. Failure of the member to request reasonable accommodation, as directed by the board, may be grounds for cancellation of the disability allowance application. (e) If the employer fails or refuses to provide reasonable accommodation, the board may require the member to pursue an administrative appeal of the employer’s denial as a condition for receiving a disability allowance under this part. (f) The system shall inform the member of the rejection or cancellation of the member’s disability allowance application under this part within 30 days after that determination is made by the system. (g) In determining whether a member meets the definition of disability pursuant to Section 22126, the board shall make a determination on the basis of competent medical documentation and shall not use the awarding of a disability allowance as a substitute for the disciplinary process. (Amended by Stats. 2012, Ch. 665, Sec. 8. (SB 1308) Effective January 1, 2013.)
  96. 24004.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 25. Disability Allowance [24001 - 24018] ( Chapter 25 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The board may limit a disability allowance to up to two years in certain cases, and the allowance ends when that period expires unless the board grants an extension.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 25. Disability Allowance [24001 - 24018] ( Chapter 25 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24004. In cases of a member’s willful substance abuse or if the board determines a member who qualifies for a disability allowance pursuant to Section 24001 has mental, physical, or vocational rehabilitation potential, the board may limit the disability allowance under this part to a period not to exceed two years from the date of approval of the disability allowance. Notwithstanding Section 24013, the disability allowance shall terminate at the end of the period granted unless an extension is granted by the board. (Amended by Stats. 1998, Ch. 965, Sec. 149. Effective January 1, 1999.)
  97. 24005.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 25. Disability Allowance [24001 - 24018] ( Chapter 25 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    A disability allowance becomes effective on a date chosen by the member 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 25. Disability Allowance [24001 - 24018] ( Chapter 25 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24005. (a) A disability allowance under this part shall become effective upon any date designated by the member, provided all of the following conditions are met: (1) An application for disability allowance is filed on a properly executed form prescribed by the system. (2) The effective date is later than the last day the member earned creditable compensation pursuant to Section 22119.2 or 22119.3. (3) The effective date is no earlier than either the first day of the month in which the application is received by the system’s headquarters office or the date upon and continuously after which the member is determined to the satisfaction of the board to have been mentally incompetent. (b) If the member is employed to perform creditable service subject to coverage under the Defined Benefit Program at the time the disability allowance is approved under this part, the member shall notify the system in writing, within 90 days, of the last day on which the member will perform service. If the member does not respond within 90 days, or if the last day on which service will be performed is more than 90 days after the date the system notifies the member of approval of the disability allowance, the member’s application for a disability allowance shall be rejected and a disability allowance shall not be payable to the member. (Amended by Stats. 2016, Ch. 218, Sec. 26. (SB 1352) Effective January 1, 2017.)
  98. 24006.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 25. Disability Allowance [24001 - 24018] ( Chapter 25 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    A qualifying member receives an annual disability allowance equal to 50% of final compensation, paid monthly, with an extra 10% of final compensation for each dependent child up to four children.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 25. Disability Allowance [24001 - 24018] ( Chapter 25 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24006. Upon qualification for disability under this part, a member shall receive an annual allowance equal to 50 percent of final compensation payable in monthly installments. The allowance shall be increased by 10 percent of final compensation for each dependent child, to a maximum of four dependent children. (Amended by Stats. 1998, Ch. 965, Sec. 151. Effective January 1, 1999.)
  99. 24007.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 25. Disability Allowance [24001 - 24018] ( Chapter 25 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    Some disability allowances for eligible members age 45 to under 60 are calculated using credited California service, and the disabled member receives the lesser of that amount or the amount in Section 24006.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 25. Disability Allowance [24001 - 24018] ( Chapter 25 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24007. A member who qualifies for a disability allowance under this chapter and who has attained age 45 years, but who has not yet attained age 60 years, shall have his or her allowance calculated upon service with each year of credited California service providing 5 percent of final compensation. The disabled member shall receive the lesser of this amount or the amount provided by Section 24006. A child’s portion of the allowance shall be determined pursuant to Section 24006. This section shall not apply to a member who is eligible to apply for a disability allowance under subdivision (c) of Section 24001. (Amended by Stats. 1997, Ch. 386, Sec. 2. Effective January 1, 1998.)
  100. 24009.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 25. Disability Allowance [24001 - 24018] ( Chapter 25 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    A disability allowance that includes a child’s portion must be reduced when a dependent child becomes ineligible, but the allowance cannot be lower than it would have been without any dependent child.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 25. Disability Allowance [24001 - 24018] ( Chapter 25 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24009. A disability allowance payable pursuant to Sections 24006 and 24007 that includes a child’s portion shall be reduced when a dependent child becomes ineligible. The reduction shall take into account the increases made by application of the improvement factor. However, the member’s disability allowance shall not be less than it would have been if there had never been a dependent child. (Amended by Stats. 1996, Ch. 1165, Sec. 26. Effective January 1, 1997.)
  101. 2401.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 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 11. County School Supply Revolving Fund [2400 - 2403] ( Chapter 11 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    After school supplies or equipment are received and the invoice is approved, the county superintendent of schools must draw requisitions for payment, including a handling/loss charge that cannot exceed 10% of the 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 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] ( Part 2 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 11. County School Supply Revolving Fund [2400 - 2403] ( Chapter 11 enacted by Stats. 1976, Ch. 1010. ) ## 2401. Upon proper evidence of the receipt by any school district of the school supplies and equipment, and upon approval by the county superintendent of schools for payment of the invoice therefor, he shall draw his requisition upon the county auditor against the proper funds of the district in favor of the school supply revolving fund for the cost of the supplies and equipment plus a charge, not to exceed 10 percent of the cost, to cover expenses of handling and possible losses. He shall thereupon draw his requisition upon the county auditor against the school supply revolving fund in favor of the vendor of the supplies and equipment in the amount of the approved invoice. The requisitions, when allowed and signed by the county auditor, constitute warrants on the county treasurer against the funds of the district and against the school supply revolving fund, respectively. (Enacted by Stats. 1976, Ch. 1010.)
  102. 24010.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 25. Disability Allowance [24001 - 24018] ( Chapter 25 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    Allowances under Sections 24006 and 24007 are reduced by certain public-system benefits for the same impairment.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 25. Disability Allowance [24001 - 24018] ( Chapter 25 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24010. Allowances payable under Sections 24006 and 24007 shall be reduced by an amount equal to the unmodified benefits paid or payable under other public systems for the same impairment or impairments that qualify the member for a disability allowance under this part. With respect to workers’ compensation payments that are subject to liens under Section 4903 of the Labor Code, “unmodified benefits,” for purposes of this section, shall only include payments for temporary disability, vocational rehabilitation monthly allowance, and permanent disability. (Amended by Stats. 2002, Ch. 375, Sec. 10. Effective January 1, 2003.)
  103. 24011.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 25. Disability Allowance [24001 - 24018] ( Chapter 25 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    A qualifying disability allowance member must follow the treatment program prescribed by the primary treating physician.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 25. Disability Allowance [24001 - 24018] ( Chapter 25 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24011. A member who qualifies for disability allowance pursuant to this chapter because of a disabling impairment that is amenable to treatment that could be expected to restore the member’s ability to perform service in the member’s former position of employment or a comparable level position shall participate in a treatment program prescribed by the member’s primary treating physician. Willful failure to initiate and continue participation in the treatment program shall cause the disability allowance to be terminated. In determining whether a member has good cause for failure to follow the treatment program, the board shall take into account whether treatment would abridge the member’s right to the free exercise of religion or whether the member’s physical or mental condition has worsened, as determined by the member’s treating physician and substantiated by medical evidence. (Amended by Stats. 1998, Ch. 965, Sec. 153. Effective January 1, 1999.)
  104. 24012.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 25. Disability Allowance [24001 - 24018] ( Chapter 25 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    A disability allowance recipient who the board finds has rehabilitation potential must participate in a board-approved rehabilitation program, and the board must pay the approved costs.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 25. Disability Allowance [24001 - 24018] ( Chapter 25 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24012. (a) A member who is receiving a disability allowance pursuant to this chapter who is determined by the board to have a mental, physical, or vocational rehabilitation potential that could be expected to restore the member’s ability to perform service in the member’s former position of employment or a comparable level position shall participate in an appropriate rehabilitation program approved by the board. The board shall pay all reasonable costs of the approved program. Willful failure to initiate and continue participation in the rehabilitation program shall cause the disability allowance to be terminated. In determining whether a member has good cause for failure to participate in the program, the board shall take into account whether the participation would abridge the member’s right to the free exercise of religion or whether the member’s physical or mental condition has worsened, as determined by the member’s treating physician and substantiated by medical evidence. (b) Any cost for the approved rehabilitation program prescribed by the board shall be paid directly by the system from the fund. (Amended by Stats. 2003, Ch. 859, Sec. 19. Effective January 1, 2004.)
  105. 24013.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 25. Disability Allowance [24001 - 24018] ( Chapter 25 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The board may require disability-benefit recipients to undergo medical examinations, and the system may seek a questionnaire from the member’s doctor if the member authorizes it.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 25. Disability Allowance [24001 - 24018] ( Chapter 25 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24013. The board may require any member receiving a disability allowance under this part to undergo medical examination at such times as the board deems necessary. The system may request the member’s treating physician, upon authorization by the disabled member, to complete a medical reevaluation questionnaire. The system shall reimburse the disabled member for all reasonable costs related to completion of this questionnaire in an amount not to exceed two hundred fifty dollars ($250) if the disabled member has no other health coverage that would pay the costs of completing the medical questionnaire. The board may authorize a medical examination to be conducted by the disabled member’s treating source at the disabled member’s expense and, in any case, may require a medical examination to be conducted by a physician selected by the board, in which event, the board shall pay all reasonable costs associated with the examination. The board shall, in scheduling medical examinations, give consideration to the interests and convenience of the disabled member. If the examination, together with other available information, shows to the satisfaction of the board that the member is no longer disabled, the disability allowance shall be terminated. Should the disabled member refuse to submit to medical examination, as provided in this section, the disability allowance shall be terminated and all rights of the disabled member to the disability allowance shall be revoked. (Amended by Stats. 1998, Ch. 965, Sec. 154. Effective January 1, 1999.)
  106. 24014.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 25. Disability Allowance [24001 - 24018] ( Chapter 25 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    A disabled member may be employed to do creditable service if covered by 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 25. Disability Allowance [24001 - 24018] ( Chapter 25 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24014. A disabled member may be employed to perform creditable service subject to coverage under the Defined Benefit Program. The employment shall not cause the disability allowance to be suspended or terminated except as provided in Sections 23401, 24013, and 24015, and no deduction shall be made from the disabled member’s compensation as contributions to the Defined Benefit Program. (Amended by Stats. 1998, Ch. 965, Sec. 155. Effective January 1, 1999.)
  107. 24015.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 25. Disability Allowance [24001 - 24018] ( Chapter 25 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    A disability allowance stops if the recipient is working and earns at least 66 2/3% of indexed final compensation over any prior continuous six months.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 25. Disability Allowance [24001 - 24018] ( Chapter 25 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24015. Notwithstanding Section 22132, if a person who begins to receive a disability allowance under this part after June 30, 1972, is employed, or is self-employed in any capacity in which his or her average earnings for any prior continuous six months amount to 66 2/3 percent of the indexed final compensation, the person shall be presumed capable of performing gainful employment and no longer disabled. The disability allowance shall be terminated on the first day of the month following the six-month period. Any allowance paid thereafter shall be considered an overpayment and recovery shall be made. (Amended by Stats. 1998, Ch. 965, Sec. 156. Effective January 1, 1999.)
  108. 24016.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 25. Disability Allowance [24001 - 24018] ( Chapter 25 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    If a disabled member’s allowance and earnings for a month exceed 100% of indexed final compensation, the excess is treated as an overpayment and must be recovered.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 25. Disability Allowance [24001 - 24018] ( Chapter 25 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24016. (a) For any one or more months in which the total of a disabled member’s allowance under this part, excluding children’s portions, and earnings exceed 100 percent of indexed final compensation, 100 percent of the amount in excess shall be considered an overpayment and recovery shall be made. (b) This action shall not apply to disabled members who have allowances terminated under Section 24015 or who are enrolled in an approved rehabilitation program. (Amended by Stats. 1998, Ch. 965, Sec. 157. Effective January 1, 1999.)
  109. 24017.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 25. Disability Allowance [24001 - 24018] ( Chapter 25 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    If a disability allowance recipient who entered an approved rehabilitation program after June 30, 1972 has allowance plus earnings above 100% of indexed final compensation, 50% of the excess is treated as an overpayment and recovered.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 25. Disability Allowance [24001 - 24018] ( Chapter 25 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24017. If a person who began receiving a disability allowance under this part after June 30, 1972, is enrolled in an approved rehabilitation program and the total of the disability allowance, excluding children’s portions, and earnings exceed 100 percent of indexed final compensation, 50 percent of the amount in excess shall be considered an overpayment and recovery shall be made. (Amended by Stats. 1998, Ch. 965, Sec. 158. Effective January 1, 1999.)
  110. 24018.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 25. Disability Allowance [24001 - 24018] ( Chapter 25 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    If a disabled member returns to work, has a medically substantiated recurrence of the original disability within six months, the earlier disability is treated as beginning on the first disability date, and the former allowance may become payable again if Section 24003 is complied with.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 25. Disability Allowance [24001 - 24018] ( Chapter 25 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24018. When a disabled member returns to work in his or her former position of employment or in a comparable level position and within six months of return experiences a recurrence of the original disability, that can be medically substantiated, it shall be considered, for the purpose of determining the duration of the disability, that the condition had its onset as of the date the member first became disabled. The former disability allowance under this part shall again become payable as of the later of the first day of the month in which the recurrence of the disability occurred or the last day of creditable service for which compensation is payable to the member provided the member complies with the provisions of Section 24003. (Amended by Stats. 2010, Ch. 207, Sec. 16. (AB 2260) Effective January 1, 2011.)
  111. 2402.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 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 11. County School Supply Revolving Fund [2400 - 2403] ( Chapter 11 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The county superintendent of schools may hire needed help for receiving, handling, and forwarding school supplies and equipment; the county purchasing agent may do so if directed by the superintendent.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 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 11. County School Supply Revolving Fund [2400 - 2403] ( Chapter 11 enacted by Stats. 1976, Ch. 1010. ) ## 2402. The county superintendent of schools, or, if so directed by him, the county purchasing agent, may employ such help as is necessary to care for the receiving, handling, and forwarding of school supplies and equipment, and the necessary wages and expenses for the help shall be paid from the school supply revolving fund on requisition by the superintendent. (Enacted by Stats. 1976, Ch. 1010.)
  112. 2403.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 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 11. County School Supply Revolving Fund [2400 - 2403] ( Chapter 11 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The superintendent of schools may abolish the county school supply revolving fund by written notice, then must sell supplies, deposit the proceeds in the fund, and the auditor must return the fund to the districts.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 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 11. County School Supply Revolving Fund [2400 - 2403] ( Chapter 11 enacted by Stats. 1976, Ch. 1010. ) ## 2403. The superintendent of schools may determine to abolish the school supply revolving fund in his county by serving notice in writing upon the auditor and treasurer of the county. Upon filing the notice discontinuing the fund, the superintendent of schools shall immediately arrange for the sale of supplies in his possession at their market price at the time of the sale plus any handling charges that may be charged against them. The sums secured from the sale shall be deposited by the superintendent of schools in the revolving fund which shall then be returned by the auditor to the respective districts from which it was created. A determination upon the part of the superintendent of schools to dispose of the school supply revolving fund shall not prejudice his right at a future time to recreate the fund. (Enacted by Stats. 1976, Ch. 1010.)
  113. 241.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 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 7. Instructional Materials [240 - 244] ( Heading of Article 7 renumbered from Article 4 by Stats. 1998, Ch. 914, Sec. 28. )

    Verify source ↗

    This section says the Act does not require any curriculum, textbook, presentation, or other material to be included in programs or activities at educational or postsecondary educational institutions.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 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 7. Instructional Materials [240 - 244] ( Heading of Article 7 renumbered from Article 4 by Stats. 1998, Ch. 914, Sec. 28. ) ## 241. Nothing in the California Student Safety and Violence Prevention Act of 2000 requires the inclusion of any curriculum, textbook, presentation, or other material in any program or activity conducted by an educational institution or postsecondary educational institution; the California Student Safety and Violence Prevention Act of 2000 shall not be deemed to be violated by the omission of any curriculum, textbook, presentation, or other material in any program or activity conducted by an educational institution or postsecondary educational institution. (Added by Stats. 1999, Ch. 587, Sec. 6. Effective January 1, 2000.)
  114. 24100.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 26. Disability Retirement [24100 - 24119] ( Chapter 26 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    This section says the chapter covers disability retirement eligibility and benefit calculations, and it applies to certain plan members, including some who joined on or after October 16, 1992 and some earlier members who 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 26. Disability Retirement [24100 - 24119] ( Chapter 26 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24100. This chapter governs the eligibility, allowance computations, and related provisions for the disability retirement program. This chapter applies to all persons who become members of the plan under this part on and after October 16, 1992, all persons who become members of the plan on and after October 16, 1992, subsequent to a refund, and to all members as of October 15, 1992, who elect under this part, pursuant to Chapter 21.5 (commencing with Section 23700), to be covered by the disability retirement program set forth in this chapter. (Amended by Stats. 1998, Ch. 965, Sec. 160. Effective January 1, 1999.)
  115. 24101.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 26. Disability Retirement [24100 - 24119] ( Chapter 26 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    A member may apply for disability retirement if the statutory service and filing conditions are met, with special exceptions for certain injury-related 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 26. Disability Retirement [24100 - 24119] ( Chapter 26 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24101. A member may apply for a disability retirement under this part upon written application for disability retirement to the board on a properly executed form provided by the system and subject to the following: (a) The member has five or more years of credited service and all of the following requirements are met: (1) At least four years were credited for actual service performed subject to coverage under the Defined Benefit Program. Credit received because of workers’ compensation payments shall be counted toward the four-year requirement in accordance with Section 22710. (2) The last five years of credited service were performed in this state. (3) Except as described in subdivision (d) of Section 24201.5, the member is not currently receiving a service retirement allowance and at least one year of credited service was earned subsequent to the date on which the member terminated a service retirement allowance under Section 24208. (4) At least one year of credited service was earned subsequent to the date on which the member’s disability retirement was terminated. (5) At least one year of credited service was earned subsequent to the most recent refund of accumulated retirement contributions. (6) The member is not applying for a disability retirement because of a physical or mental condition known to exist at the time the most recent membership in the Defined Benefit Program commenced and that remains substantially unchanged at the time of application. (b) Nothing in subdivision (a) shall affect the right of a member to a disability retirement if the reason that the member has performed less than four years of actual service is due to an on-the-job injury or a disease while in employment subject to coverage by the Defined Benefit Program and the four-year requirement can be satisfied by credit obtained under Chapter 14 (commencing with Section 22800) or Chapter 14.5 (commencing with Section 22850) in addition to any credit received from workers’ compensation payments. (c) Nothing in subdivision (a) shall affect the right of a member under this part who has less than five years of credited service to a disability retirement allowance if the following conditions are met: (1) The member has at least one year of credited service performed in this state. (2) The disability is a direct result of an unlawful act of bodily injury that was perpetrated on his or her person by another human being while the member was performing his or her official duties in a position subject to coverage under the Defined Benefit Program. (3) The member provides documentation of the unlawful act in the form of an official police report or official employer incident report. (d) A member who is eligible to apply for a disability retirement pursuant to this section may also apply for a service retirement pending a determination of his or her application for disability as described in Section 24201.5. (Amended by Stats. 2018, Ch. 416, Sec. 15. (SB 1165) Effective January 1, 2019.)
  116. 24101.5.

    ## 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 26. Disability Retirement [24100 - 24119] ( Chapter 26 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    A member cannot get disability retirement under the Defined Benefit Program while on leave to serve as a full-time elected officer of an employee organization.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 26. Disability Retirement [24100 - 24119] ( Chapter 26 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24101.5. A member shall not be eligible for disability retirement under the Defined Benefit Program while on a leave of absence to serve as a full-time, elected officer of an employee organization, even if the member receives service credit under Section 22711. (Amended by Stats. 1999, Ch. 939, Sec. 63. Effective January 1, 2000.)
  117. 24102.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 26. Disability Retirement [24100 - 24119] ( Chapter 26 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The board may authorize a disability retirement allowance for a qualified member if a proper application is filed during one of the listed time periods.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 26. Disability Retirement [24100 - 24119] ( Chapter 26 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24102. (a) The board may authorize payment of a disability retirement allowance under this part to any member who is qualified upon application by the member, the member’s guardian or conservator, or the member’s employer, if the application is submitted on a properly executed form prescribed by the system during any one of the following periods: (1) While the member is employed and has performed creditable service within the four months previous to application, or while the member is on a compensated leave of absence. (2) While the member is physically or mentally incapacitated for performance of service and the incapacity has been continuous from the last day of actual performance of service for which compensation is payable to the member. (3) While the member is on a leave of absence without compensation, granted for reason other than mental or physical incapacity for performance of service, and within four months after the last day of actual performance of service for which compensation is payable to the member, or within 12 months of that date if the member was on an employer-approved leave to study at an approved college or university. (4) Within four months after the termination of the member’s employment subject to coverage under the Defined Benefit Program, if the application was not made under paragraph (2) and was not made more than four months after the last day of actual performance of service for which compensation is payable to the member. (b) The member is not qualified to receive a disability retirement allowance if the member is applying because of a physical or mental condition that existed at the time the most recent membership in the Defined Benefit Program commenced and which remains substantially unchanged at the time of application. (Amended by Stats. 2013, Ch. 558, Sec. 21. (AB 1379) Effective January 1, 2014.)
  118. 24103.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 26. Disability Retirement [24100 - 24119] ( Chapter 26 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    A disability retirement applicant must submit medical documentation, and the system may require a medical exam or review before deciding the application.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 26. Disability Retirement [24100 - 24119] ( Chapter 26 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24103. (a) The member shall provide medical documentation substantiating the impairment qualifying the member for the disability retirement under this part. (b) On receipt of an application for disability retirement under this part, the system may order a medical examination or review of medical documentation of a member to determine whether the member is incapacitated for performance of service. The medical examination or review of medical documentation shall be conducted by a practicing physician, selected by the board, with expertise in the member’s impairment, and the board shall pay all costs associated with the examination or review of medical documentation. If the member refuses to submit to the required medical examination or review of medical documentation, the application for disability retirement shall be rejected. If a medical examination is ordered: (1) The member shall either remain in this state, or return to this state at the member’s own expense, to undergo the medical examination or the application shall be rejected, unless this requirement is waived by the board. The board shall pay all other reasonable costs related to travel and meals in accordance with the rates set for state employees by the Department of Human Resources. (2) If the member is too ill to be examined, the system shall postpone the examination until the member can be examined. The member or the member’s treating physician shall inform the system, in writing, when the medical examination can be rescheduled. (c) The system may reject the disability retirement application under this part if the member fails to provide requested medical documentation to substantiate a disability, as defined in Section 22126, within 45 days from the date of the request or within 30 days from the time that a legally designated representative is empowered to act on behalf of a member who is mentally or physically incapacitated. (d) If the board determines that a member who has applied for disability retirement under this part may perform service in the member’s former position of employment or in a comparable level position with the assistance of reasonable accommodation, the board may require the member to request reasonable accommodation from the employer. Failure of the member to request reasonable accommodation, as directed by the board, may be grounds for cancellation of the disability retirement application under this part. (e) If the employer fails or refuses to provide reasonable accommodation, the board may require the member to pursue an administrative appeal of the employer’s denial as a condition for receiving a disability retirement allowance under this part. (f) The system shall inform the member of the rejection or cancellation of the member’s disability retirement allowance application under this part within 30 days after that determination is made by the system. (g) In determining whether a member meets the definition of disability pursuant to Section 22126, the board shall make a determination on the basis of competent medical documentation and shall not use the awarding of a disability retirement as a substitute for the disciplinary process. (Amended by Stats. 2012, Ch. 665, Sec. 9. (SB 1308) Effective January 1, 2013.)
  119. 24104.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 26. Disability Retirement [24100 - 24119] ( Chapter 26 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The board may limit a disability retirement to up to two years in certain cases, and the allowance ends when that period ends unless the board extends it.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 26. Disability Retirement [24100 - 24119] ( Chapter 26 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24104. In cases of a member’s willful substance abuse or if the board determines a member who qualifies for disability retirement under this part pursuant to this chapter has mental, physical, or vocational rehabilitation potential, the board may limit the disability retirement to a period not to exceed two years from the date of approval of the disability retirement. Notwithstanding Section 24112, the disability retirement allowance shall terminate at the end of the period granted unless an extension is granted by the board. (Amended by Stats. 1998, Ch. 965, Sec. 165. Effective January 1, 1999.)
  120. 24105.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 26. Disability Retirement [24100 - 24119] ( Chapter 26 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    A disability retirement allowance becomes effective on a member-chosen date only if the listed filing and timing 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 26. Disability Retirement [24100 - 24119] ( Chapter 26 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24105. (a) A disability retirement allowance under this part shall become effective upon any date designated by the member, provided that all of the following conditions are met: (1) An application for disability retirement is filed on a properly executed form prescribed by the system. (2) The effective date is later than the last day the member earned creditable compensation pursuant to Section 22119.2 or 22119.3. (3) The effective date is no earlier than either the first day of the month in which the application is received at the system’s headquarters office or the date upon and continuously after which the member is determined to the satisfaction of the board to have been mentally incompetent. (4) The application for disability retirement contains an election of either an unmodified allowance or an allowance modified under an option as provided in Section 24332. (b) If the member is employed to perform creditable service subject to coverage under the Defined Benefit Program at the time the disability retirement is approved, the member shall notify the system in writing, within 90 days, of the last day on which the member will perform service. If the member does not respond within 90 days, or if the last day on which service will be performed is more than 90 days after the date the system notifies the member of the approval of disability retirement, the member’s application for disability retirement shall be rejected and a disability retirement allowance shall not be payable to the member. (Amended by Stats. 2016, Ch. 218, Sec. 27. (SB 1352) Effective January 1, 2017.)
  121. 24106.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 26. Disability Retirement [24100 - 24119] ( Chapter 26 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    A member retiring for disability under this chapter receives a retirement allowance with a 50% annual amount, extra amounts for dependent children, and an annuity based on accumulated 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 26. Disability Retirement [24100 - 24119] ( Chapter 26 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24106. Upon retirement for disability pursuant to this chapter, a member under this part shall receive a retirement allowance that shall consist of all of the following: (a) An annual allowance equal to 50 percent of final compensation payable in monthly installments. (b) An additional 10 percent of final compensation for each dependent child, up to a maximum of 40 percent of final compensation. If there are more than four dependent children, they shall share equally in the maximum allowance of 40 percent. A dependent child may waive his or her right to his or her portion of the allowance in accordance with procedures established by the system. The waiver shall be submitted on a properly executed form prescribed by the system. All waiver forms for an ongoing benefit shall include an acknowledgment on the part of the waiving beneficiary that the benefit being waived is an ongoing benefit, which may exceed the total amount of contributions and interest payable from the member’s account as a result of the waiver. The filing of a waiver by a beneficiary constitutes a complete and immediate discharge of all obligations of the board, the system, or the plan to or on behalf of the beneficiary. (c) An annuity that shall be the actuarial equivalent of the accumulated annuity deposit contributions standing to the credit of the member’s account on the effective date of the disability retirement. (Amended by Stats. 2017, Ch. 298, Sec. 11. (AB 1325) Effective January 1, 2018.)
  122. 24107.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 26. Disability Retirement [24100 - 24119] ( Chapter 26 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    A disability-retired member may choose an option under Section 24332 to change the disability retirement allowance payable under Section 24106(a).

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 26. Disability Retirement [24100 - 24119] ( Chapter 26 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24107. A member retired for disability under this part may elect an option pursuant to Section 24332 to modify the disability retirement allowance payable pursuant to subdivision (a) of Section 24106. (Amended by Stats. 2014, Ch. 755, Sec. 29. (SB 1220) Effective January 1, 2015.)
  123. 24108.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 26. Disability Retirement [24100 - 24119] ( Chapter 26 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    A retirement allowance with a child’s portion must be reduced when a dependent child becomes ineligible, while accounting for improvement-factor increases, and it cannot fall below the amount that would have applied if there had never been a dependent child.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 26. Disability Retirement [24100 - 24119] ( Chapter 26 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24108. A retirement allowance payable pursuant to Section 24106 that includes a child’s portion shall be reduced when a dependent child becomes ineligible. The reduction shall take into account the increases made by application of the improvement factor. However, the retired member’s allowance under this part shall not be less than it could have been if there had never been a dependent child. (Amended by Stats. 1998, Ch. 965, Sec. 169. Effective January 1, 1999.)
  124. 24109.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 26. Disability Retirement [24100 - 24119] ( Chapter 26 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    Certain retirement allowances must be reduced by the amount of qualifying unmodified workers’ compensation 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 26. Disability Retirement [24100 - 24119] ( Chapter 26 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24109. Retirement allowances payable pursuant to subdivision (a) of Section 24106 shall be reduced by an amount equal to the unmodified benefits paid or payable under a workers’ compensation program for the same impairment or impairments that qualify the member for a disability retirement allowance under this part. For purposes of this section, unmodified benefits are limited to benefits for temporary disability, permanent disability, and for vocational rehabilitation paid or payable under the Workers’ Compensation Act. (Amended by Stats. 2012, Ch. 864, Sec. 12. (AB 2663) Effective January 1, 2013.)
  125. 24110.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 26. Disability Retirement [24100 - 24119] ( Chapter 26 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    A qualifying disability-retirement member must follow a treatment program prescribed by the member’s primary treating physician.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 26. Disability Retirement [24100 - 24119] ( Chapter 26 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24110. A member who qualifies for disability retirement under this part pursuant to this chapter because of a disabling impairment that is amenable to treatment that could be expected to restore the member’s ability to perform service in the member’s former position of employment or in a comparable level position shall participate in a treatment program prescribed by the member’s primary treating physician. Willful failure to initiate and continue participation in the program shall cause the disability retirement allowance to be terminated. In determining whether a member has good cause for failure to follow that treatment, the board shall take into account whether the treatment would abridge the member’s right to the free exercise of religion or whether the member’s physical or mental condition has worsened as determined by the member’s treating physician and substantiated by medical evidence. (Amended by Stats. 1998, Ch. 965, Sec. 171. Effective January 1, 1999.)
  126. 24111.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 26. Disability Retirement [24100 - 24119] ( Chapter 26 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    Some disability retirement recipients must join an approved rehabilitation program if the board finds rehabilitation potential; the board must pay the reasonable approved costs, and willful nonparticipation can end the 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 26. Disability Retirement [24100 - 24119] ( Chapter 26 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24111. (a) A member who is receiving a disability retirement allowance under this part pursuant to this chapter who is determined by the board to have a mental, physical, or vocational rehabilitation potential that could be expected to restore the member’s ability to perform service in the member’s former position of employment or in a comparable level position shall participate in an appropriate rehabilitation program approved by the board. The board shall pay all reasonable costs of the approved program. Willful failure to initiate and continue participation in the rehabilitation program shall cause the disability retirement allowance under this part to be terminated. In determining whether a member has good cause for failure to participate in the program, the board shall take into account whether the participation would abridge the member’s right to the free exercise of religion or whether the member’s physical or mental condition has worsened as determined by the member’s treating physician and substantiated by medical evidence. (b) Any cost for the approved rehabilitation program prescribed by the board shall be paid directly by the system from the fund. (Amended by Stats. 2003, Ch. 859, Sec. 20. Effective January 1, 2004.)
  127. 24112.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 26. Disability Retirement [24100 - 24119] ( Chapter 26 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The board may require disability retirees to undergo medical examinations, and the system may seek a treating physician’s questionnaire with the retiree’s authorization.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 26. Disability Retirement [24100 - 24119] ( Chapter 26 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24112. The board may require a member receiving a disability retirement allowance under this part to undergo medical examination at such times as the board deems necessary. The system may request the member’s treating physician, upon authorization by the retired member, to complete a medical reevaluation questionnaire. The system shall reimburse the retired member for all reasonable costs related to completion of this questionnaire in an amount not to exceed two hundred fifty dollars ($250) if the retired member has no other health coverage that would pay for the cost of completing the medical questionnaire. The board may authorize a medical examination to be conducted by the retired member’s treating source at the retired member’s expense and, in any case, may require a medical examination to be conducted by a physician selected by the board, in which event, the board shall pay all reasonable costs associated with the examination. The board shall, in scheduling medical examinations, give consideration to the interests and convenience of the retired member. If the examination, together with other available information, shows to the satisfaction of the board that the retired member is no longer disabled, the disability retirement allowance shall be terminated. Should the retired member refuse to submit to medical examination, as provided in this section, the member’s disability retirement allowance shall be terminated and all rights of the retired member to the disability retirement allowance shall be revoked. (Amended by Stats. 1998, Ch. 965, Sec. 173. Effective January 1, 1999.)
  128. 24113.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 26. Disability Retirement [24100 - 24119] ( Chapter 26 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    A disability-retired member may be employed for creditable service if covered by 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 26. Disability Retirement [24100 - 24119] ( Chapter 26 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24113. A member retired for disability under this part may be employed to perform creditable service subject to coverage under the Defined Benefit Program. The employment shall not cause the disability retirement allowance to be suspended or terminated, except as provided in Section 24112, and no deduction shall be made from the retired member’s compensation as contributions to the plan under this part. (Amended by Stats. 1998, Ch. 965, Sec. 174. Effective January 1, 1999.)
  129. 24114.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 26. Disability Retirement [24100 - 24119] ( Chapter 26 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    A disability retirement beneficiary may work or be self-employed, but cannot make retirement-fund contributions or earn service credit from that work, and earnings above $15,000 in a calendar year can reduce the disability allowance.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 26. Disability Retirement [24100 - 24119] ( Chapter 26 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24114. (a) A member receiving a disability retirement benefit under this part may be employed or self-employed in any capacity, notwithstanding Section 22132, but may not make contributions to the retirement fund with respect to the Defined Benefit Program or accrue service credit under this part based on earnings from any employment. (b) A member receiving a disability retirement benefit under this part may earn in any one calendar year up to the limitation specified in subdivision (c) without a reduction in his or her disability retirement allowance. (c) The limitation that shall apply to the earnings of a member receiving a disability retirement benefit under this part shall be fifteen thousand dollars ($15,000), in any one calendar year, adjusted annually by the board effective each January 1 by the amount of increase in the All Urban California Consumer Price Index using December 1989 as the base. (d) If a member receiving a disability retirement benefit under this part earns in excess of the limitation specified in subdivision (c) from all employment in any calendar year, notwithstanding Section 22132, his or her retirement allowance shall be reduced by the amount of the excess earnings. The amount of the reduction in an individual month shall be no more than the monthly allowance payable in that month, and the total amount of the reduction shall not exceed the amount of the annual allowance payable under this part for the calendar year in which the excess compensation was earned. (e) The earnings limitation specified in this section does not apply to a member receiving a disability retirement benefit under this part who is participating in an approved rehabilitation program pursuant to Section 24111. (f) This section does not apply to a member receiving a disability retirement benefit under this part who began receiving a disability retirement allowance prior to October 16, 1992. (Amended by Stats. 2015, Ch. 123, Sec. 17. (AB 991) Effective January 1, 2016.)
  130. 24116.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 26. Disability Retirement [24100 - 24119] ( Chapter 26 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    Some disability retirees who last worked for California State University may serve on the CSU teaching staff, but they must follow the employment limits set by the Public Employees’ Retirement Law.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 26. Disability Retirement [24100 - 24119] ( Chapter 26 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24116. A member retired for disability under this part whose last employment was in the California State University, as a member of the Defined Benefit Program or the Public Employees’ Retirement System, may serve as a member of the teaching staff of the California State University and shall be subject to the employment limitations as provided by the Public Employees’ Retirement Law (Part 3 (commencing with Section 20000) of Division 5 of Title 2 of the Government Code). (Amended by Stats. 1998, Ch. 965, Sec. 176. Effective January 1, 1999.)
  131. 24117.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 26. Disability Retirement [24100 - 24119] ( Chapter 26 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    A disability retiree may end the disability retirement allowance by written request to the system; the allowance must also be terminated if the board finds the retiree is no longer eligible.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 26. Disability Retirement [24100 - 24119] ( Chapter 26 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24117. (a) A member retired for disability under this part may terminate the disability retirement allowance upon written request to the system. (b) If a member retired for disability under this part is determined by the board to no longer be eligible to receive a disability retirement allowance pursuant to this chapter, the disability retirement allowance shall be terminated. (Amended by Stats. 1998, Ch. 965, Sec. 177. Effective January 1, 1999.)
  132. 24118.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 26. Disability Retirement [24100 - 24119] ( Chapter 26 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    When a disability retirement allowance ends, the member’s retirement-related accounts must be credited with specified amounts, reduced by certain Section 24106 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 26. Disability Retirement [24100 - 24119] ( Chapter 26 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24118. (a) Upon termination of a disability retirement allowance that was payable pursuant to this chapter, the individual account of the member under this part shall be credited with the amount of the member’s accumulated retirement contributions as they were on the effective date of disability retirement, less the sum of all payments made under subdivisions (a) and (b) of Section 24106. The reduction shall not be greater than the total of the accumulated retirement contributions. (b) Upon the termination of a disability retirement, the accumulated annuity deposit contribution account of the member shall be credited with the amounts of those contributions as they were on the date the annuity became payable under this part because of that retirement less the sum of all payments made pursuant to subdivision (c) of Section 24106. (Amended by Stats. 1998, Ch. 965, Sec. 178. Effective January 1, 1999.)
  133. 24119.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 26. Disability Retirement [24100 - 24119] ( Chapter 26 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    If a disability-retired member returns to work and the same disability recurs within six months, the earlier disability date is used for disability-duration purposes, and the former allowance becomes payable again if Section 24103 is satisfied.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 26. Disability Retirement [24100 - 24119] ( Chapter 26 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24119. When a member retired for disability under this part returns to work in the member’s former position of employment or in a comparable level position and within six months of return experiences a recurrence of the original disability, which can be medically substantiated, it shall be considered, for the purpose of determining the duration of the disability, that the condition had its onset as of the date the member first became disabled. The former disability retirement allowance shall again become payable as of the later of the first day of the month in which the recurrence of the disability occurred or the last day of creditable service for which compensation is payable to the member, provided the member complies with Section 24103. (Amended by Stats. 2010, Ch. 207, Sec. 19. (AB 2260) Effective January 1, 2011.)
  134. 242.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 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 7. Instructional Materials [240 - 244] ( Heading of Article 7 renumbered from Article 4 by Stats. 1998, Ch. 914, Sec. 28. )

    Verify source ↗

    The department must develop guidance and public educational materials by July 1, 2025.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 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 7. Instructional Materials [240 - 244] ( Heading of Article 7 renumbered from Article 4 by Stats. 1998, Ch. 914, Sec. 28. ) ## 242. No later than July 1, 2025, the department shall develop guidance and public educational materials, including an internet website and other communications materials, to ensure that all Californians can access information about educational laws and policies that safeguard the right to an accurate and inclusive curriculum. (Added by Stats. 2023, Ch. 229, Sec. 3. (AB 1078) Effective September 25, 2023.)
  135. 24201.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 27. Service Retirement [24201 - 24221] ( Chapter 27 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    A member may retire for service by applying in writing to the board on the required form, if the stated age and service requirements 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 27. Service Retirement [24201 - 24221] ( Chapter 27 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24201. (a) A member may retire for service under this part upon written application for retirement to the board on a properly executed form provided by the system, under paragraph (1) or (2) as follows: (1) The member has attained 55 years of age or more and has at least five years of credited service, at least one year of which has been performed subsequent to the most recent refund of accumulated retirement contributions. The five years of credited service may include out-of-state service purchased pursuant to Section 22820. The number of years of credited service performed in California shall not be less than the number of years necessary to determine final compensation pursuant to Section 22134 or 22135, whichever is applicable to the member. (2) The member is credited with service that is not used as a basis for benefits under any other public retirement system, excluding the federal social security system, if the member has attained 55 years of age or older and retires concurrently under one or more of the retirement systems with which the member has concurrent membership as defined in Section 22115.2. (b) Application for retirement under paragraph (2) of subdivision (a) may be made even if the member has not earned five years of credited service. (Amended by Stats. 2006, Ch. 655, Sec. 21. Effective January 1, 2007.)
  136. 24201.5.

    ## 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 27. Service Retirement [24201 - 24221] ( Chapter 27 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    A member eligible for disability-related retirement may apply for service retirement while the disability application is pending, but only if several timing and eligibility 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 27. Service Retirement [24201 - 24221] ( Chapter 27 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24201.5. (a) A member who is eligible and applies for a disability allowance or retirement pursuant to Section 24001 or 24101 may apply to receive a service retirement allowance pending the determination of their application for disability, subject to all of the following: (1) The member is eligible to retire for service under Section 24201 or 24203. (2) The member submits the application on a form provided by the system, subject to all of the following: (A) The application is executed no earlier than the date the application for disability benefits is executed and no earlier than six months before the effective date of the retirement allowance. (B) The effective date is no earlier than the first day of the month in which the application for disability benefits is received by the system, unless the application for disability benefits is denied or canceled and the member has indicated an earlier service retirement date on the application to use if denied or canceled. If the application for disability benefits is denied or canceled, the service retirement date of a member who submits an application for retirement pursuant to this section shall be no earlier than 270 calendar days prior to when the application for service retirement is received by the system. (C) The effective date is later than the last day the member earned creditable compensation pursuant to Section 22119.2 or 22119.3. (D) The effective date is no earlier than one year following the date on which a retirement allowance was terminated pursuant to Section 24208, unless the application for disability benefits is denied or canceled and the member has indicated an earlier service retirement date on the application to use if denied or canceled. If the application for disability benefits is denied or canceled, the service retirement date is no earlier than one day after the date on which a retirement allowance was terminated pursuant to Section 24208, provided that the retirement allowance is terminated no earlier than 270 calendar days prior to when the application for service retirement is received by the system. (E) The effective date is no earlier than one year following the date on which a retirement allowance was terminated pursuant to subdivision (a) of Section 24117. (3) The effective date of the service retirement allowance can be no earlier than the date upon and continuously after which the member is determined to the satisfaction of the board to have been mentally incompetent. (4) A member who applies for service retirement under this section is not eligible to receive a lump-sum payment and an actuarially reduced monthly allowance pursuant to Section 24221. (5) A member who applies for service retirement under this section is not eligible to receive an allowance calculated pursuant to Section 24205. (6) A member who applies for service retirement under this section and elects to receive their retirement benefit pursuant to Section 25009 as a lump-sum payment is not eligible to elect a disability benefit pursuant to Section 25016 or 25018.1. (7) (A) Except as described in subparagraph (B), a member who applies for service retirement under this section shall not receive service credit for each day of accumulated and unused leave of absence for illness or injury or for education pursuant to Section 22717 or 22717.5. (B) If the application for disability is denied or canceled, the member’s service retirement allowance shall be adjusted to the effective date of the service retirement to include service credited pursuant to Section 22717 or 22717.5. (8) If the application for disability is denied or canceled, a member who applies for a service retirement allowance under this section is subject to all of the following: (A) Unless otherwise provided in this part, a member who, on their application for service retirement, elects an option pursuant to Section 24300.1 or 24307 may not change or revoke that option. (B) If the member receives a modified service retirement allowance based on the election of an option pursuant to Section 24300.1 or 24307, that modified service retirement allowance shall continue in effect and unchanged. (C) If the member did not elect an option pursuant to Section 24300.1 or 24307 and receives an unmodified service retirement allowance, that unmodified service retirement allowance shall continue in effect and unchanged. (b) A member who applies for service retirement under this section may change or cancel their service retirement application pursuant to Section 24204, or may terminate their service retirement allowance pursuant to Section 24208. (c) A member may not cancel their application for disability prior to a determination of that application unless they submit a written request to the system. If a member elects to cancel their service retirement application or elects to terminate their service retirement allowance as described in subdivision (b), that election shall not cancel the application for disability. (d) (1) Subparagraph (C) of paragraph (1) of subdivision (a) of Section 24001 and paragraph (3) of subdivision (a) of Section 24101 shall not apply to a member who cancels an application for service retirement pursuant to Section 24204 or who terminates a service retirement allowance pursuant to Section 24208, if all of the following apply: (A) The member earned at least one year of credited service subsequent to the most recent terminated service retirement allowance. (B) The member’s application for disability under this section is pending determination by the board. (2) If the member’s application for disability under this section is denied or canceled, subparagraph (C) of paragraph (1) of subdivision (a) of Section 24001 and paragraph (3) of subdivision (a) of Section 24101 shall apply if the member submits a new application for disability. (e) (1) If the board approves the application for disability, and notwithstanding subdivision (f) of Section 24204, the board shall cancel the member’s application for service retirement and shall authorize payment of a disability allowance or disability retirement. (2) If the board approves the application for disability and the member has received service retirement allowance payments under this part, the effective date for the disability allowance or disability retirement shall be the same as the effective date of the service retirement allowance. (f) If a member who applies for service retirement under this section dies prior to a determination by the board on the application for disability, the member shall be considered retired for service at the time of death, and any subsequent benefits shall be paid accordingly. (g) If a member who applies for service retirement under this section dies after the board has approved the member’s application for disability, the member shall be considered a disabled member, or retired for disability, at the time of death, and any subsequent benefits shall be paid accordingly, even if the member died prior to receiving notification of the approval of their application for disability. (h) If the member changes or cancels their service retirement application or terminates their service retirement allowance as described in subdivision (b), the system shall make appropriate adjustments to the applicable service retirement allowance, disability allowance, or disability retirement allowance, retroactive to the effective date of the disability allowance or disability retirement allowance. Subdivision (a) of Section 24617 shall not apply. (i) The system may recover a service retirement allowance overpayment made to a member by deducting that overpayment from any subsequent disability benefit payable to the member. (j) Nothing in this section shall be construed to allow a member or beneficiary to receive more than one type of retirement or disability allowance for the same period of time. (k) (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 website of the system no later than January 1, 2026. (2) This section shall become operative on the date determined by the board pursuant to paragraph (1). (Repealed (in Sec. 1) and added by Stats. 2023, Ch. 708, Sec. 2. (SB 327) Effective January 1, 2024. Operative on the date prescribed by its own provisions.)
  137. 24202.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 27. Service Retirement [24201 - 24221] ( Chapter 27 added by Stats. 1993, Ch. 893, Sec. 2. )

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    A qualifying service retiree is entitled to a retirement allowance made up of an annual allowance and an annuity, subject to the calculation rules in this section.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 27. Service Retirement [24201 - 24221] ( Chapter 27 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24202. (a) A member who retires for service after June 30, 1972, shall receive a retirement allowance consisting of both of the following: (1) An annual allowance payable in monthly installments, upon retirement at normal retirement age but less than age 601/4, equal to 2 percent of the final compensation for each year of credited service. If the member’s retirement is effective at less than normal retirement age and between early retirement age and normal retirement age, the member’s allowance shall be reduced by one-half of 1 percent for each full month, or fraction of a month that will elapse until the member will attain normal retirement age. (2) An annuity that shall be the actuarial equivalent of the accumulated annuity deposit contributions standing to the credit of the member’s account at the time of retirement. (b) In computing the amounts described in subdivision (a), the age of the member on the last day of the month in which the retirement allowance begins to accrue or such later date as provided in Section 24204 shall be used. (c) The amendments to this section during the 1997–98 Regular Session of the Legislature shall not apply to state employees. (d) This section shall not apply to a member subject to the California Public Employees’ Pension Reform Act of 2013. (Amended by Stats. 2013, Ch. 559, Sec. 19. (AB 1381) Effective January 1, 2014. Deemed operative January 1, 2013, by Sec. 1 of Ch. 559.)
  138. 24202.5.

    ## 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 27. Service Retirement [24201 - 24221] ( Chapter 27 added by Stats. 1993, Ch. 893, Sec. 2. )

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    Eligible members retiring for service on or after January 1, 1999 receive a retirement allowance made up of specified components, with a reduction rule for certain early retirements and an exception for members covered by the California Public Employees' Pension Reform Act of 2013.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 27. Service Retirement [24201 - 24221] ( Chapter 27 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24202.5. (a) A member who retires for service on or after January 1, 1999, shall receive a retirement allowance consisting of all of the following: (1) An annual allowance payable in monthly installments, upon retirement equal to the percentage of the final compensation set forth opposite the member’s age at retirement in the following table multiplied by each year of credited service: Age at Retirement Percentage 60 ........................ 2.00 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 If the member’s retirement is effective at less than normal retirement age and between early retirement age and normal retirement age, the member’s allowance shall be reduced by one-half of 1 percent for each full month, or fraction of a month that will elapse until the member will attain normal retirement age. (2) An annuity that shall be the actuarial equivalent of the member’s accumulated annuity deposit contributions at the time of retirement. (3) An annuity based on the balance of credits in the member’s Defined Benefit Supplement account, pursuant to Section 25012, if elected by the member pursuant to Section 25011 or 25011.1. (b) In computing the amounts described in paragraph (1) of subdivision (a), the age of the member on the last day of the month in which the retirement allowance begins to accrue or the later date as described in Section 24204 shall be used. (c) This section shall not apply to a member subject to the California Public Employees’ Pension Reform Act of 2013. (Amended by Stats. 2013, Ch. 559, Sec. 20. (AB 1381) Effective January 1, 2014. Deemed operative January 1, 2013, by Sec. 1 of Ch. 559.)
  139. 24202.6.

    ## 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 27. Service Retirement [24201 - 24221] ( Chapter 27 added by Stats. 1993, Ch. 893, Sec. 2. )

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    A covered member is entitled to a retirement allowance paid monthly, calculated from final compensation, age at retirement, and credited service, with a reduction for early 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 27. Service Retirement [24201 - 24221] ( Chapter 27 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24202.6. (a) A member subject to the California Public Employees’ Pension Reform Act of 2013 shall receive a retirement allowance consisting of all of the following: (1) An annual allowance payable in monthly installments upon retirement equal to the percentage of the final compensation set forth opposite the member’s age at retirement in the following table multiplied by each year of credited service: Age at Retirement Percentage 62 ........................ 2.000 621/4 ........................ 2.033 621/2 ........................ 2.067 623/4 ........................ 2.100 63 ........................ 2.133 631/4 ........................ 2.167 631/2 ........................ 2.200 633/4 ........................ 2.233 64 ........................ 2.267 641/4 ........................ 2.300 641/2 ........................ 2.333 643/4 ........................ 2.367 65 ........................ 2.400 (2) If a member retires after attaining early retirement age but before attaining normal retirement age, the member’s allowance shall be reduced by one-half of 1 percent for each full month, or fraction of a month, that will elapse until the member will attain normal retirement age. (b) In computing the amounts described in paragraph (1) of subdivision (a), the age of the member on the last day of the month in which the retirement allowance begins to be payable or the later date as described in Section 24204 shall be used. (c) Creditable compensation used to calculate the defined benefit shall be limited as described in Section 22119.3. (Amended by Stats. 2013, Ch. 559, Sec. 21. (AB 1381) Effective January 1, 2014. Deemed operative January 1, 2013, by Sec. 1 of Ch. 559.)
  140. 24202.7.

    ## 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 27. Service Retirement [24201 - 24221] ( Chapter 27 added by Stats. 1993, Ch. 893, Sec. 2. )

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    For members subject to the California Public Employees’ Pension Reform Act of 2013, the minimum and early retirement age is 55, and the normal retirement age is 62.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 27. Service Retirement [24201 - 24221] ( Chapter 27 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24202.7. Notwithstanding any other provision of this part, for a member subject to the California Public Employees’ Pension Reform Act of 2013, the minimum retirement age shall be 55 years of age, the early retirement age shall be 55 years of age, and the normal retirement age shall be 62 years of age. (Amended by Stats. 2013, Ch. 559, Sec. 22. (AB 1381) Effective January 1, 2014. Deemed operative January 1, 2013, by Sec. 1 of Ch. 559.)
  141. 24202.8.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 27. Service Retirement [24201 - 24221] ( Chapter 27 added by Stats. 1993, Ch. 893, Sec. 2. )

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    The Legislature states that the system should identify and propose all statutory changes needed to fully implement the changes in Sections 24202.6 and 24202.7.

    ## 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 27. Service Retirement [24201 - 24221] ( Chapter 27 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24202.8. It is the intent of the Legislature that the system identify and propose all statutory changes necessary to fully effectuate the implementation of the changes established in Sections 24202.6 and 24202.7 in all relevant statutes by June 30, 2013. (Added by Stats. 2012, Ch. 296, Sec. 5. (AB 340) Effective January 1, 2013.)
  142. 24203.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 27. Service Retirement [24201 - 24221] ( Chapter 27 added by Stats. 1993, Ch. 893, Sec. 2. )

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    A member with 30 years of credited service may retire at age 50 or older and receive an annual allowance based on 2% of final compensation for each year of credited 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 27. Service Retirement [24201 - 24221] ( Chapter 27 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24203. (a) A member who has 30 years of credited service under this part may retire at age 50 years or older and receive an annual allowance equal to 2 percent of final compensation for each year of credited service. If the member has attained age 50 years, but has not attained early retirement age, the allowance shall be reduced by one-quarter of 1 percent for each full month or fraction of a month that will elapse until the member will attain early retirement age and one-half of 1 percent for each full month, or fraction of a month between early retirement age and normal retirement age. (b) In computing the amounts described in subdivision (a), the age of the member on the last day of the month in which the retirement allowance begins to accrue or any later date provided in Section 24204 shall be used. (c) This section shall not apply to a member subject to the California Public Employees’ Pension Reform Act of 2013. (Amended by Stats. 2013, Ch. 559, Sec. 23. (AB 1381) Effective January 1, 2014. Deemed operative January 1, 2013, by Sec. 1 of Ch. 559.)
  143. 24203.5.

    ## 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 27. Service Retirement [24201 - 24221] ( Chapter 27 added by Stats. 1993, Ch. 893, Sec. 2. )

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    A member retiring on or after January 1, 1999 with 30 or more years of credited service gets a 0.2 percentage point increase in the percentage used to compute the retirement allowance, subject to a 2.40% cap.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 27. Service Retirement [24201 - 24221] ( Chapter 27 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24203.5. (a) The percentage of final compensation used to compute the allowance pursuant to Section 24202.5, 24203, 24205, 24209, 24209.3, 24210, 24211, 24212, or 24213 of a member retiring on or after January 1, 1999, who has 30 or more years of credited service, shall be increased by two-tenths of 1 percentage point, provided that the sum of the percentage of final compensation used to compute the allowance, including any adjustments for retiring before the normal retirement age, and the additional percentage provided by this section does not exceed 2.40 percent. (b) For purposes of establishing eligibility for the increased allowance pursuant to this section only, credited service shall exclude service credited pursuant to the following: (1) Section 22714. (2) Section 22715. (3) Section 22717, except as provided in subdivision (c) of Section 22121. (4) Section 22717.5. (c) For purposes of establishing eligibility for the increased allowance pursuant to this section only, credited service shall include credited service that a court has ordered be awarded to a nonmember spouse pursuant to Section 22652. A nonmember spouse shall also be eligible for the increased allowance pursuant to this section if the member had 30 or more years of credited service on the date the parties separated, as established in the judgment or court order pursuant to Section 22652. (d) Nonqualified service credit for which contributions pursuant to Section 22826 were made in a lump sum on or after January 1, 2000, or for which the first installment was made on or after January 1, 2000, may not be included in determining the eligibility for an increased allowance pursuant to this section. (Amended by Stats. 2014, Ch. 755, Sec. 31. (SB 1220) Effective January 1, 2015.)
  144. 24203.6.

    ## 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 27. Service Retirement [24201 - 24221] ( Chapter 27 added by Stats. 1993, Ch. 893, Sec. 2. )

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    This section increases a member’s monthly retirement allowance if the member meets service and timing requirements, and it can also apply to a qualifying nonmember spouse.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 27. Service Retirement [24201 - 24221] ( Chapter 27 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24203.6. (a) In addition to the amount otherwise payable pursuant to Section 24202.5, 24203, 24203.5, 24205, 24209, 24209.3, 24210, 24211, 24212, or 24213, a member shall receive an increase in the monthly allowance, prior to any modification pursuant to Sections 24300, 24300.1, and 24309, in the amount identified in subdivision (b), if the member meets all of the following criteria: (1) The member retires for service on or after January 1, 2001. (2) Prior to January 1, 2011, the member has 30 or more years of credited service, including any credited service that a court has ordered be awarded to a nonmember spouse pursuant to Section 22652, but excluding service credited pursuant to the following: (A) Section 22714. (B) Section 22715. (C) Section 22717, except as provided in subdivision (c) of Section 22121. (D) Section 22717.5. (E) Section 22826. (3) The member is receiving an allowance subject to Section 24203.5. (b) The amount of the increase in the monthly allowance shall be based on the member’s years of credited service at the time of retirement as follows: 30 years of credited service ........................ $200 31 years of credited service ........................ $300 32 or more years of credited service ........................ $400 (c) This section also applies to a nonmember spouse, if all of the following conditions are satisfied: (1) The member is eligible for the allowance increase pursuant to subdivisions (a) and (b) upon his or her retirement for service. (2) On the date the parties separated, as established in the judgment or court order pursuant to Section 22652, the member had at least 30 years of credited service, excluding service credited pursuant to the following: (A) Section 22714. (B) Section 22715. (C) Section 22717, except as provided in subdivision (c) of Section 22121. (D) Section 22717.5. (E) Section 22826. (3) The service credit of the member was divided into separate accounts in the name of the member and the nonmember spouse by a court pursuant to Section 22652. The amount identified in the schedule in subdivision (b) and payable pursuant to this section, that is based on the service credited during the marriage, shall be divided and paid to the member and the nonmember spouse proportionately according to the respective percentages of the member’s service credit that were allocated to the member and the nonmember spouse in the court’s order. (d) The allowance increase provided under this section is not subject to Sections 24415 and 24417, but is subject to Section 22140. (Amended by Stats. 2014, Ch. 755, Sec. 32. (SB 1220) Effective January 1, 2015.)
  145. 24203.8.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 27. Service Retirement [24201 - 24221] ( Chapter 27 added by Stats. 1993, Ch. 893, Sec. 2. )

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    This section lets the board set, review, and if needed recalculate benefit factors for certain community college members, and it can require a special treatment of missed part-time 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 27. Service Retirement [24201 - 24221] ( Chapter 27 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24203.8. (a) For purposes of determining the allowance payable to a member employed by a community college prior to July 1, 1996, full time shall be defined pursuant to Section 22138.5 and pursuant to Section 20521 of Title 5 of the California Code of Regulations, as those provisions read on June 30, 1996, if application of that definition will increase the allowance payable to the member. (b) For purposes of administering this section, the board shall have the authority to do both of the following: (1) Establish and implement factors and assumptions necessary to calculate and compare the benefits payable to an eligible member. Those factors and assumptions may be based on information reported by the employer, including, but not limited to, all of the following: (A) Base hours. (B) Actual earnings. (C) Annualized pay rate. (2) Review calculations that were performed using the factors and assumptions described in paragraph (1). If the board determines that an employer failed to identify part-time service performed, the board shall consider that part-time service to be performed in a part-time lecture assignment as defined by the employer. If the board determines that the required information reported by the employer is inaccurate, incomplete, or the factors and assumptions were applied incorrectly, the board may recalculate the allowance payable to a member using additional factors and assumptions that may include, but are not limited to, all of the following: (A) Base hours. (B) Actual earnings. (C) Annualized pay rate. (c) This section shall apply to a member employed by a community college prior to July 1, 1996, if the community college subsequently acts to reduce the minimum standard for full time as described in subdivision (c) of Section 22138.5 for the class of employees, and that community college provides written notice to the system of the act of the community college to reduce that minimum standard. (d) This section shall not apply to a member subject to the California Public Employees’ Pension Reform Act of 2013. (Added by Stats. 2019, Ch. 96, Sec. 17. (AB 644) Effective January 1, 2020.)
  146. 24204.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 27. Service Retirement [24201 - 24221] ( Chapter 27 added by Stats. 1993, Ch. 893, Sec. 2. )

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    This section sets when a service retirement allowance becomes effective and lets a member change or cancel an application only if the timing and repayment 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 27. Service Retirement [24201 - 24221] ( Chapter 27 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24204. (a) A service retirement allowance under this part shall become effective upon any date designated by the member, provided all of the following conditions are met: (1) An application for service retirement allowance is filed on a form provided by the system, which is executed no earlier than six months before the effective date of retirement allowance. (2) The effective date of a member who files an application for retirement pursuant to Section 24201 is no earlier than 270 calendar days prior to when the application for service retirement is received by the system. (3) The effective date is later than the last day the member earned creditable compensation pursuant to Section 22119.2 or 22119.3. (4) The effective date is no earlier than one day after the date on which the retirement allowance was terminated under Section 24208. (5) The effective date is no earlier than one year following the date on which the retirement allowance was terminated under subdivision (a) of Section 24117. (6) The effective date is no earlier than the date upon and continuously after which the member is determined to the satisfaction of the board to have been mentally incompetent. (7) The effective date is no earlier than one day after the date upon which the member completes payment of a service credit purchase pursuant to Section 22801, 22820, or 22826, or payment of a redeposit of contributions pursuant to Section 23200, except as provided in Section 22801 or 22829. (b) A member who files an application for service retirement may change or cancel their retirement application if all of the following are met: (1) The form provided by the system is received by the system no later than 30 days from the date the member’s initial benefit payment for the member’s most recent retirement under the Defined Benefit Program is paid by the system. (2) The member returns the total gross distribution amount of all payments for any canceled benefit, including a lump-sum payment being changed to an annuity, to the system no later than 45 days from the date of the member’s initial benefit payment. The member shall be liable for any adverse tax consequences that may result from these actions. (c) Nothing in this section shall be construed to allow a member to receive more than one type of retirement or disability allowance for the same period of time by virtue of the member’s own membership. (d) (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 website of the system no later than January 1, 2026. (2) This section shall become operative on the date determined by the board pursuant to paragraph (1). (Repealed (in Sec. 3) and added by Stats. 2023, Ch. 708, Sec. 4. (SB 327) Effective January 1, 2024. Operative on the date prescribed by its own provisions.)
  147. 24205.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 27. Service Retirement [24201 - 24221] ( Chapter 27 added by Stats. 1993, Ch. 893, Sec. 2. )

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    Certain members retiring before age 60 and at least age 55 may choose an early-retirement payment pattern that starts at one-half of the normal allowance and later returns to the full 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 27. Service Retirement [24201 - 24221] ( Chapter 27 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24205. A member retiring prior to 60 years of age, and who has attained 55 years of age, may elect to receive one-half of the service retirement allowance for normal retirement age for a limited time and then revert to the full retirement allowance for normal retirement age. (a) The retirement allowance shall be based on service credit and final compensation as of the date of retirement for service and shall be calculated with the factor for normal retirement age. (b) If the member elects a joint and survivor option under Section 24300 or 24300.1, the actuarial reduction shall be based on the member’s and beneficiary’s ages as of the effective date of the early retirement. If the member elected a preretirement option under Section 24307, the actuarial reduction shall be based on the member’s and beneficiary’s ages as determined by the provisions of that section. (c) One-half of the retirement allowance as of 60 years of age shall be paid for a period of time equal to twice the elapsed time between the effective date of retirement and the date of the retired member’s 60th birthday. (d) The full retirement allowance as calculated under subdivision (a) or (b) shall begin to accrue as of the first of the month following the reduction period as specified in subdivision (c). The full retirement allowance shall not begin to accrue prior to this time under any circumstances, including, but not limited to, divorce or death of the named beneficiary. (e) The annual improvement factor provided for in Sections 22140 and 22141 shall be based upon the retirement allowance as calculated under subdivision (a) or (b). The improvement factor shall begin to accrue on September 1 following the retired member’s 60th birthday. These increases shall be accumulated and shall become payable when the full retirement allowance for normal retirement age first becomes payable. (f) Any ad hoc benefit increase with an effective date prior to the retired member’s 60th birthday shall not affect an allowance payable under this section. Only those ad hoc improvements with effective dates on or after the retired member’s 60th birthday shall be accrued and accumulated and shall first become payable when the full retirement allowance for normal retirement age becomes payable. (g) The cancellation of an option election in accordance with Section 24322 shall not cancel the election under this section. Upon cancellation of the joint and survivor option, one-half of the retired member’s retirement allowance as calculated under subdivision (a) shall become payable for the balance of the reduction period specified in subdivision (c). (h) If a retired member who has elected a joint and survivor option dies during the period when the reduced allowance is payable, the beneficiary shall receive one-half of the allowance payable to the beneficiary until the date when the retired member would have received the full retirement allowance for normal retirement age. At that time, the beneficiary’s allowance shall be increased to the full amount payable to the beneficiary plus the appropriate annual improvement factor increases and ad hoc increases. (i) This section shall not apply to a member who retires for service pursuant to Section 24201.5, 24209, 24209.3, 24210, 24211, or 24212. (j) This section shall not apply to a member subject to the California Public Employees’ Pension Reform Act of 2013. (Amended by Stats. 2014, Ch. 755, Sec. 34. (SB 1220) Effective January 1, 2015.)
  148. 24206.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 27. Service Retirement [24201 - 24221] ( Chapter 27 added by Stats. 1993, Ch. 893, Sec. 2. )

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    A member’s service retirement allowance under the Defined Benefit Program must be at least $10 per month for each year of credited service, subject to stated exclusions and reductions.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 27. Service Retirement [24201 - 24221] ( Chapter 27 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24206. The minimum unmodified allowance for service retirement under the Defined Benefit Program, exclusive of annuities payable from accumulated annuity deposit contributions and exclusive of the balance of credits in the member’s Defined Benefit Supplement account, shall not be less than ten dollars ($10) per month multiplied by the member’s years of credited service. This guaranteed amount shall be reduced by the amount of an unmodified allowance payable from a local system based on service credited under the Defined Benefit Program. If the retirement is effective at less than normal retirement age this allowance shall be reduced by one-half of 1 percent for each full month or fraction of a month that will elapse until the member would have reached normal retirement age. (Amended by Stats. 2013, Ch. 559, Sec. 25. (AB 1381) Effective January 1, 2014. Deemed operative January 1, 2013, by Sec. 1 of Ch. 559.)
  149. 24207.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 27. Service Retirement [24201 - 24221] ( Chapter 27 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    If a retired member later retires again under this part after ending a service retirement allowance, the minimum retirement allowance must be the allowance provided by Section 24206.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 27. Service Retirement [24201 - 24221] ( Chapter 27 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24207. If a retired member terminates a service retirement allowance and subsequently retires under this part, the minimum retirement allowance shall be the allowance provided by Section 24206. (Amended by Stats. 1998, Ch. 965, Sec. 184. Effective January 1, 1999.)
  150. 24208.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 27. Service Retirement [24201 - 24221] ( Chapter 27 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    A retired member may end the retirement allowance by written request to the system, if the stated form and timing rules 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 27. Service Retirement [24201 - 24221] ( Chapter 27 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24208. (a) A member retired for service under this part may terminate the retirement allowance payable under this part and applicable to his or her credited service upon written request to the system effective upon a date designated by the member, subject to the following conditions: (1) The request for termination of the retirement allowance is filed on a form provided by the system, and the form is executed no earlier than six months before the effective date of the termination. (2) The effective date of the termination of the retirement allowance is no earlier than the first day of the month in which the request for termination is received in the system’s headquarters office or no earlier than one day after the benefit effective date of the most recent retirement, whichever is later. (b) A member who files a request for termination of the retirement allowance may cancel or change the termination upon written request to the system. The request for cancellation or change must be on a form provided by the system and shall be received in the system’s headquarters office no later than the last day of the month in which the request for termination to be canceled or changed is effective. (c) A member whose retirement allowance is terminated pursuant to this section may apply for retirement pursuant to Section 24209 or Section 24209.3, in accordance with Section 24204. (d) A member whose retirement allowance is terminated pursuant to this section may not file a preretirement election of an option pursuant to Section 24307 within one year of reinstatement that elects either a different option or a different beneficiary or set of beneficiaries, or both, than were in effect at the time the retirement allowance was terminated. (e) A member whose retirement allowance is terminated pursuant to this section and retires pursuant to Section 24209 with a benefit effective date within one year of reinstatement shall elect the same option and beneficiary or beneficiaries that were in effect at the time the retirement allowance was terminated. (Amended by Stats. 2017, Ch. 298, Sec. 12. (AB 1325) Effective January 1, 2018.)
  151. 24209.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 27. Service Retirement [24201 - 24221] ( Chapter 27 added by Stats. 1993, Ch. 893, Sec. 2. )

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    After reinstatement, a member retiring for service must receive a retirement allowance calculated from specified components.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 27. Service Retirement [24201 - 24221] ( Chapter 27 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24209. (a) Upon retirement for service following reinstatement, the member shall receive a service retirement allowance equal to the sum of both of the following: (1) An amount equal to the monthly allowance the member was eligible to receive immediately preceding the most recent reinstatement, exclusive of any amounts payable pursuant to Section 22714 or 22715, increased by the improvement factor that would have been applied to the allowance if the member had not reinstated. (2) An amount calculated pursuant to Section 24202, 24202.5, 24202.6, 24203, 24203.5, or 24206 based on credited service accrued, including any service granted pursuant to Section 22717 or 22717.5, subsequent to the most recent reinstatement, the member’s age on the last day of the month in which the retirement allowance begins to accrue, and final compensation. (b) If the total amount of credited service accrued, other than that accrued pursuant to Sections 22714, 22715, 22717, 22717.5, and 22826, except as provided in subdivision (c) of Section 22121, is equal to or greater than 30 years, the amounts identified in paragraphs (1), for members who initially retired on or after January 1, 1999, and (2) of subdivision (a) shall be calculated pursuant to Section 24203.5. (c) If the total amount of credited service accrued, other than that accrued pursuant to Sections 22714, 22715, 22717, 22717.5, and 22826, except as provided in subdivision (c) of Section 22121, is equal to or greater than 30 years, upon retirement for service following reinstatement, a member who retired pursuant to Section 24213, and received the terminated disability allowance for the prior retirement, shall receive a service retirement allowance equal to the sum of the following: (1) An amount based on the credited service accrued, including any service granted pursuant to Section 22717 or 22717.5, prior to the effective date of the disability allowance, the member’s age at the prior retirement increased by the factor provided in Section 24203.5, and projected final compensation. (2) An amount calculated pursuant to Section 24202, 24202.5, 24202.6, 24203.5, or 24206 based on credited service accrued, including any service granted pursuant to Section 22717 or 22717.5, subsequent to the reinstatement, the member’s age on the last day of the month in which the retirement allowance begins to accrue, and final compensation using compensation earnable, or projected final compensation, or a combination of both. (d) Benefits calculated pursuant to this section shall not take into consideration the benefit comparison described in Section 24203.8. (Amended by Stats. 2019, Ch. 96, Sec. 18. (AB 644) Effective January 1, 2020.)
  152. 24209.3.

    ## 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 27. Service Retirement [24201 - 24221] ( Chapter 27 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    Certain retired members who reinstate and then complete at least two years of credited service can receive a recalculated service 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 27. Service Retirement [24201 - 24221] ( Chapter 27 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24209.3. (a) Notwithstanding subdivision (a) of Section 24209, and exclusive of any amounts payable during the prior retirement for service pursuant to Section 22714, or 22715: (1) A member who retired, other than pursuant to Section 24210, 24211, 24212, or 24213, and who reinstates and performs creditable service, as defined in Section 22119.5, after the most recent reinstatement, in an amount equal to two or more years of credited service, shall, upon retirement for service on or after the effective date of this section, receive a service retirement allowance equal to the sum of the following: (A) An amount calculated pursuant to this chapter based on credited service accrued, including any service granted pursuant to Section 22717 or 22717.5, prior to the most recent reinstatement, using the member’s age at the subsequent service retirement, from which age shall be deducted the total time during which the member was retired for service, and final compensation. (B) An amount calculated pursuant to this chapter based on credited service accrued, including any service granted pursuant to Section 22717 or 22717.5, subsequent to the most recent reinstatement, using the member’s age on the last day of the month in which the retirement allowance begins to accrue, and final compensation. (2) A member who retired pursuant to Section 24210 and who reinstates and performs creditable service, as defined in Section 22119.5, after the most recent reinstatement, in an amount equal to two or more years of credited service, shall, upon retirement for service on or after the effective date of this section, receive a service retirement allowance equal to the sum of the following: (A) An amount calculated pursuant to this chapter based on credited service accrued, including any service granted pursuant to Section 22717 or 22717.5, prior to the effective date of the disability retirement, using the member’s age at the subsequent service retirement, from which age shall be deducted the total time during which the member was retired for service, and indexed final compensation to the effective date of the initial service retirement. (B) An amount calculated pursuant to this chapter based on the credited service accrued, including any service granted pursuant to Section 22717 or 22717.5, after termination of the disability retirement, excluding credited service accrued or granted subsequent to the most recent reinstatement, using the member’s age at the subsequent service retirement, from which age shall be deducted the total time during which the member was retired for service, and final compensation. (C) An amount calculated pursuant to this chapter based on credited service accrued, including any service granted pursuant to Section 22717 or 22717.5, subsequent to the most recent reinstatement, using the member’s age on the last day of the month in which the retirement allowance begins to accrue, and final compensation. (3) A member who retired pursuant to Section 24211 and who reinstates and performs creditable service, as defined in Section 22119.5, after the most recent reinstatement, in an amount equal to two or more years of credited service, shall, upon retirement for service on or after the effective date of this section, receive a service retirement allowance equal to the sum of the following: (A) The greater of (i) the disability allowance the member was eligible to receive immediately prior to termination of that allowance, excluding the children’s portion, or (ii) an amount calculated pursuant to this chapter based on credited service accrued prior to the effective date of the disability allowance, excluding credited service accrued or granted pursuant to Section 22717 or 22717.5 or Chapter 14 (commencing with Section 22800) or Chapter 14.2 (commencing with Section 22820) or Chapter 19 (commencing with Section 23200), using the member’s age at the subsequent service retirement, from which age shall be deducted the total time during which the member was retired for service, and final compensation using compensation earnable, or projected final compensation earnable, or a combination of both. (B) An amount equal to either of the following: (i) For a member who was receiving a benefit pursuant to subdivision (a) of Section 24211, an amount calculated pursuant to this chapter based on credited service accrued at the time of the retirement pursuant to Section 24211, excluding credited service accrued or granted prior to the effective date of the disability allowance or pursuant to Section 22717 or 22717.5 or Chapter 14 (commencing with Section 22800) or Chapter 14.2 (commencing with Section 22820) or Chapter 19 (commencing with Section 23200), the member’s age at the subsequent service retirement, from which age shall be deducted the total time during which the member was retired for service, and final compensation using compensation earnable, or projected final compensation, or a combination of both. (ii) For a member who was receiving a benefit pursuant to subdivision (b) of Section 24211, an amount calculated pursuant to this chapter based on projected service at the time of the retirement pursuant to Section 24211, excluding credited service accrued or granted prior to the effective date of the disability allowance or pursuant to Section 22717 or 22717.5 or Chapter 14 (commencing with Section 22800) or Chapter 14.2 (commencing with Section 22820) or Chapter 19 (commencing with Section 23200), the member’s age at the subsequent service retirement, from which age shall be deducted the total time during which the member was retired for service, and final compensation using compensation earnable, or projected final compensation, or a combination of both. (C) An amount based on any credited service accrued or granted pursuant to Section 22717 or 22717.5 or Chapter 14 (commencing with Section 22800) or Chapter 14.2 (commencing with Section 22820) or Chapter 19 (commencing with Section 23200), at the time of the retirement pursuant to Section 24211, using the member’s age at the subsequent service retirement, from which age shall be deducted the total time during which the member was retired for service, and final compensation using compensation earnable, or projected final compensation, or a combination of both. (D) An amount calculated pursuant to this chapter based on credited service accrued subsequent to the most recent reinstatement, including credited service accrued or granted pursuant to Section 22714, 22715, 22717, or 22717.5 or Chapter 14 (commencing with Section 22800) or Chapter 14.2 (commencing with Section 22820) or Chapter 19 (commencing with Section 23200), using the member’s age on the last day of the month in which the retirement allowance begins to accrue, and final compensation using compensation earnable, or projected final compensation, or a combination of both. (4) A member who retired pursuant to Section 24212 or 24213 and who reinstates and performs creditable service, as defined in Section 22119.5, after the most recent reinstatement, in an amount equal to two or more years of credited service, shall, upon retirement for service on or after the effective date of this section, receive a service retirement allowance equal to the sum of the following: (A) An amount calculated pursuant to this chapter based on the member’s projected service at the time of the retirement pursuant to Section 24212 or 24213, including credited service accrued or granted pursuant to Section 22717 or 22717.5 or Chapter 14 (commencing with Section 22800) or Chapter 14.2 (commencing with Section 22820) or Chapter 19 (commencing with Section 23200), using the member’s age at the subsequent service retirement, from which age shall be deducted the total time during which the member was retired for service, and final compensation using compensation earnable, or projected final compensation, or a combination of both. (B) An amount calculated pursuant to this chapter based on credited service accrued subsequent to the most recent reinstatement, including credited service accrued or granted pursuant to Section 22714, 22715, 22717, or 22717.5 or Chapter 14 (commencing with Section 22800) or Chapter 14.2 (commencing with Section 22820) or Chapter 19 (commencing with Section 23200), using the member’s age on the last day of the month in which the retirement allowance begins to accrue, and final compensation using compensation earnable, or projected final compensation, or a combination of both. (b) If the total amount of credited service, other than projected service, or service that accrued or was granted pursuant to Sections 22714, 22715, 22717, 22717.5, and 22826, except as provided in subdivision (c) of Section 22121, is equal to or greater than the number of years required to be eligible for an increased allowance pursuant to this chapter or Section 22134.5, the amounts identified in this section shall be calculated pursuant to the section authorizing the increased benefit. (c) For members receiving an allowance pursuant to Section 24410.5 or 24410.6, the amount payable pursuant to this section shall not be less than the amount payable to the member as of the effective date of reinstatement. (d) The amount payable pursuant to this section shall not be less than the amount that would be payable to the member pursuant to Section 24209. (e) For purposes of determining an allowance increase pursuant to Sections 24415 and 24417, the calendar year of retirement shall be the year of the subsequent retirement if the final compensation used to calculate the allowance pursuant to this section is higher than the final compensation used to calculate the allowance for the prior retirement. (f) The allowance paid pursuant to this section to a member receiving a lump-sum payment pursuant to Section 24221 shall be actuarially reduced to reflect that lump-sum payment. (g) Benefits calculated pursuant to this section shall not take into consideration the benefit comparison described in Section 24203.8. (Amended by Stats. 2019, Ch. 96, Sec. 19. (AB 644) Effective January 1, 2020.)
  153. 24210.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 27. Service Retirement [24201 - 24221] ( Chapter 27 added by Stats. 1993, Ch. 893, Sec. 2. )

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    After a terminated disability retirement, the member must receive a service retirement allowance calculated under specified sections.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 27. Service Retirement [24201 - 24221] ( Chapter 27 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24210. Upon retirement for service following a prior disability retirement granted pursuant to Chapter 26 (commencing with Section 24100) that was terminated, the member shall receive a service retirement allowance calculated pursuant to Section 24202, 24202.5, 24202.6, 24203, 24203.5, 24203.6, or 24206 and equal to the sum of both of the following: (a) An amount based on credited service accrued, including any service granted pursuant to Section 22717 or 22717.5, prior to the effective date of the disability retirement, the member’s age on the last day of the month in which the retirement allowance begins to accrue, and indexed final compensation to the effective date of the service retirement. (b) An amount based on the credited service accrued, including any service granted pursuant to Section 22717 or 22717.5, after termination of the disability retirement, the member’s age on the last day of the month in which the retirement allowance begins to accrue, and final compensation. (Amended by Stats. 2015, Ch. 123, Sec. 20. (AB 991) Effective January 1, 2016.)
  154. 24211.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 27. Service Retirement [24201 - 24221] ( Chapter 27 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    A member who previously received a disability allowance and returns to covered employment gets a retirement allowance calculated under this section, with different formulas depending on years of 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 27. Service Retirement [24201 - 24221] ( Chapter 27 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24211. When a member who has been granted a disability allowance under this part after June 30, 1972, returns to employment subject to coverage under the Defined Benefit Program and performs: (a) Less than three years of creditable service after termination of the most recent disability allowance, the member shall receive a retirement allowance which is the sum of the allowance calculated on credited service accrued after the termination date of the disability allowance, excluding credited service accrued or granted pursuant to Section 22717 or 22717.5 or Chapter 14 (commencing with Section 22800) or Chapter 14.2 (commencing with Section 22820) or Chapter 19 (commencing with Section 23200), the age of the member on the last day of the month in which the retirement allowance begins to accrue, and final compensation using compensation earnable or projected final compensation, or a combination of both, plus the greater of either of the following: (1) A service retirement allowance calculated on credited service accrued as of the effective date of the disability allowance, excluding credited service accrued or granted pursuant to Section 22717 or 22717.5 or Chapter 14 (commencing with Section 22800) or Chapter 14.2 (commencing with Section 22820) or Chapter 19 (commencing with Section 23200), the member’s age on the last day of the month in which the retirement allowance begins to accrue, and projected final compensation to the termination date of the disability allowance. (2) The disability allowance the member was eligible to receive immediately prior to termination of the most recent disability allowance, excluding children’s portions. (b) Three or more years of creditable service after termination of the most recent disability allowance, the member shall receive a retirement allowance that is the greater of the following: (1) A service retirement allowance calculated on all actual and projected service, excluding credited service accrued or granted pursuant to Section 22717 or 22717.5 or Chapter 14 (commencing with Section 22800) or Chapter 14.2 (commencing with Section 22820) or Chapter 19 (commencing with Section 23200), the member’s age on the last day of the month in which the retirement allowance begins to accrue, and final compensation using compensation earnable, or projected final compensation, or a combination of both. (2) The disability allowance the member was eligible to receive immediately prior to termination of the most recent disability allowance, excluding children’s portions. (c) The allowance shall be increased by an amount based on any credited service accrued or granted pursuant to Section 22714, 22715, 22717, or 22717.5 or Chapter 14 (commencing with Section 22800) or Chapter 14.2 (commencing with Section 22820) or Chapter 19 (commencing with Section 23200), the member’s age on the last day of the month in which the retirement allowance begins to accrue, and final compensation using compensation earnable, or projected final compensation, or a combination of both. (d) If the total amount of credited service, other than projected service or credited service that accrued or was granted pursuant to Sections 22714, 22715, 22717, 22717.5, and 22826, except as provided in subdivision (c) of Section 22121, is equal to or greater than 30 years, the amounts identified in subdivisions (a) to (c), inclusive, shall be calculated pursuant to Sections 24203.5 and 24203.6. (e) Benefits calculated pursuant to this section shall not take into consideration the benefit comparison described in Section 24203.8. (f) Upon retirement, the member may elect to modify the service retirement allowance payable in accordance with any option provided under this part. (Amended by Stats. 2019, Ch. 96, Sec. 20. (AB 644) Effective January 1, 2020.)
  155. 24212.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 27. Service Retirement [24201 - 24221] ( Chapter 27 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    If a covered disability allowance ends and the member does not return to covered employment, the member’s service retirement allowance is calculated using projected service, final compensation, and age, with some service exclusions and a cap tied to the prior disability allowance. The member may also choose an available retirement option 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 27. Service Retirement [24201 - 24221] ( Chapter 27 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24212. (a) If a disability allowance granted under this part after June 30, 1972, is terminated for reasons other than those specified in Section 24213 and the member does not return to employment subject to coverage under the Defined Benefit Program, the member’s service retirement allowance, when payable, shall be based on projected service, excluding credited service accrued or granted pursuant to Section 22717 or 22717.5 or Chapter 14 (commencing with Section 22800) or Chapter 14.2 (commencing with Section 22820), or Chapter 19 (commencing with Section 23200), projected final compensation, and the member’s age on the last day of the month in which the retirement allowance begins to accrue. The allowance payable under this section, excluding annuities payable from accumulated annuity deposit contributions, shall not be greater than the disability allowance the member was eligible to receive immediately prior to the earlier of the termination of that allowance or at normal retirement age, excluding children’s portions. (b) The allowance shall be increased by an amount based on any credited service accrued or granted pursuant to Section 22717 or 22717.5 or Chapter 14 (commencing with Section 22800) or Chapter 14.2 (commencing with Section 22820) or Chapter 19 (commencing with Section 23200), the member’s age on the last day of the month in which the retirement allowance begins to accrue, and final compensation using compensation earnable, or projected final compensation, or a combination of both. (c) If the total amount of credited service, other than projected service or credited service that accrued or was granted pursuant to Sections 22717, 22717.5, and 22826, except as provided in subdivision (c) of Section 22121, is equal to or greater than 30 years, the amounts identified in subdivisions (a) and (b) shall be calculated pursuant to Sections 24203.5 and 24203.6. (d) Upon retirement, the member may elect to modify the service retirement allowance payable in accordance with any option provided under this part. (Amended by Stats. 2016, Ch. 218, Sec. 33. (SB 1352) Effective January 1, 2017.)
  156. 24213.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 27. Service Retirement [24201 - 24221] ( Chapter 27 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    A qualifying member’s disability allowance ends when the later of normal retirement age or the last dependent child’s ineligibility is reached, and the member then becomes eligible for service 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 27. Service Retirement [24201 - 24221] ( Chapter 27 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24213. (a) On the date a member who has been granted a disability allowance under this part after June 30, 1972, attains normal retirement age, or if the member has an eligible dependent child, on the date the last dependent child becomes ineligible, whichever is later, the disability allowance shall be terminated and the member shall be eligible for service retirement. The service retirement allowance shall be calculated on the projected final compensation and projected service to normal retirement age, excluding credited service accrued or granted pursuant to Section 22717 or 22717.5 or Chapter 14 (commencing with Section 22800) or Chapter 14.2 (commencing with Section 22820) or Chapter 19 (commencing with Section 23200), and the member’s age on the last day of the month in which the service retirement allowance begins to accrue. The allowance payable under this section, excluding annuities payable from accumulated annuity deposit contributions, shall not be greater than the disability allowance the member was eligible to receive immediately prior to normal retirement age, excluding children’s portions. (b) The allowance shall be increased by an amount based on any credited service accrued or granted pursuant to Section 22717 or 22717.5 or Chapter 14 (commencing with Section 22800) or Chapter 14.2 (commencing with Section 22820) or Chapter 19 (commencing with Section 23200), the member’s age on the last day of the month in which the retirement allowance begins to accrue, and projected final compensation to normal retirement age. (c) If the total amount of credited service accrued, other than projected service or credited service that accrued or was granted pursuant to Sections 22717, 22717.5, and 22826, except as provided in subdivision (c) of Section 22121, is equal to or greater than 30 years, the amounts identified in subdivisions (a) and (b) shall be calculated pursuant to Sections 24203.5 and 24203.6. (d) Upon retirement, the member may elect to modify the service retirement allowance payable in accordance with any option provided under this part. (Amended by Stats. 2018, Ch. 416, Sec. 16. (SB 1165) Effective January 1, 2019.)
  157. 24215.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 27. Service Retirement [24201 - 24221] ( Chapter 27 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    A retired member whose last job was with California State University may teach there, but must follow the employment limits in the Public Employees’ Retirement Law.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 27. Service Retirement [24201 - 24221] ( Chapter 27 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24215. A member retired for service under this part whose last employment was in the California State University, as a member of the Defined Benefit Program or the Public Employees’ Retirement System, may serve as a member of the teaching staff of the California State University and shall be subject to the employment limitations as provided by the Public Employees’ Retirement Law (Part 3 (commencing with Section 20000) of Division 5 of Title 2 of the Government Code). (Amended by Stats. 1998, Ch. 965, Sec. 192. Effective January 1, 1999.)
  158. 24217.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 27. Service Retirement [24201 - 24221] ( Chapter 27 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    Certain qualifying retirement-system members may choose a different allowance calculation.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 27. Service Retirement [24201 - 24221] ( Chapter 27 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24217. A person who was a member under this part on June 30, 1972, and had five or more years of service and who had attained age 55 years, shall have the option of receiving the allowance payable under Section 14245, as it read on that date in lieu of the allowance payable under subdivision (a) of Section 24202. (Amended by Stats. 1998, Ch. 965, Sec. 195. Effective January 1, 1999.)
  159. 24218.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 27. Service Retirement [24201 - 24221] ( Chapter 27 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    For retirement allowance calculations, part-time service from June 30, 1956 through July 1, 1968 must be credited using a ratio tied to the minimum full-time service required for a year of 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 27. Service Retirement [24201 - 24221] ( Chapter 27 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24218. For the purpose of calculating retirement allowances, credit for service performed between June 30, 1956, and July 1, 1968, on a part-time basis in each school year shall be based on the ratio that service performed bears to the minimum full-time service required for credit for a year of service. (Added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.)
  160. 24219.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 27. Service Retirement [24201 - 24221] ( Chapter 27 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    Certain retired members get a retirement allowance calculation based on the law that was in effect on June 30, 1972.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 27. Service Retirement [24201 - 24221] ( Chapter 27 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24219. Members who were retired under a previously existing local teachers’ retirement system or the San Francisco Employees’ Retirement System prior to July 1, 1972, who have not retired under this part for the local system service performed prior to July 1, 1972, shall have that portion of the retirement allowance computed under the law in effect on June 30, 1972, whenever they retire in the future. (Amended by Stats. 2005, Ch. 351, Sec. 26. Effective January 1, 2006.)
  161. 24221.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 27. Service Retirement [24201 - 24221] ( Chapter 27 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    Certain retiring members may choose a lump-sum payment plus a reduced monthly allowance, but the choice must be made when filing the retirement application.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 27. Service Retirement [24201 - 24221] ( Chapter 27 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24221. (a) A member who retires for service prior to January 1, 2011, may elect, on a form prescribed by the system, to receive a lump-sum payment and an actuarially reduced monthly allowance pursuant to this section in lieu of the monthly unmodified allowance that would otherwise be payable to the member pursuant to this chapter. The election under this section shall be made at the time the member files his or her application for service retirement allowance as provided in Section 24204. (b) A member who makes the election described in subdivision (a) shall receive a one-time, lump-sum payment in an amount that equals or does not exceed the lesser of the following amounts: (1) The actuarial present value of the amount by which (A) the monthly unmodified allowance payable to the member pursuant to this chapter exceeds (B) an amount equal to 2 percent of the member’s final compensation multiplied by the number of years of credited service and divided by 12. (2) Fifteen percent of the actuarial present value of the monthly unmodified allowance payable to the member under this chapter. (c) Notwithstanding any other provision of this part, a member who makes the election described in subdivision (a) shall receive a monthly unmodified allowance, pursuant to this chapter, that shall be actuarially reduced to reflect the lump-sum amount paid under subdivision (b). The actuarial reduced unmodified allowance may be modified pursuant to Section 24300 or 24300.1. (d) A member may not apply a lump-sum payment made pursuant to this section for the purposes of redepositing previously refunded retirement contributions pursuant to Chapter 19 (commencing with Section 23200) or purchasing service credit pursuant to Chapter 14 (commencing with Section 22800), Chapter 14.2 (commencing with Section 22820) or Chapter 14.5 (commencing with Section 22850). The Legislature hereby finds and declares that if a member who elects to receive a partial lump-sum payment also elects to redeposit previously refunded retirement contributions or purchase service credit as a result of the receipt of the lump-sum payment, the Defined Benefit Program may experience a net actuarial impact. (e) An election pursuant to subdivision (a) may have no net actuarial impact to the Defined Benefit Program. The board shall adopt present value factors to establish a corresponding actuarially reduced monthly allowance, that results in no net actuarial impact to the Defined Benefit Program. The Legislature reserves the right to modify the provisions of this section to further the objective of permitting eligible members to receive a lump-sum distribution of a portion of their benefits, with a corresponding actuarial reduction in their monthly allowance, so that there is no net actuarial impact to the Defined Benefit Program. (f) This section shall not apply to a member who retires for service pursuant to Section 24201.5. (Amended by Stats. 2007, Ch. 332, Sec. 5. Effective January 1, 2008.)
  162. 24250.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 27.5. Replacement Benefits Program [24250 - 24275] ( Chapter 27.5 added by Stats. 1999, Ch. 465, Sec. 5. )

    Verify source ↗

    The Legislature states that this section is intended to revoke a prior election and provide for restoration of benefits under Section 24275.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 27.5. Replacement Benefits Program [24250 - 24275] ( Chapter 27.5 added by Stats. 1999, Ch. 465, Sec. 5. ) ## 24250. It is the intent of the Legislature in repealing Sections 22316 and 22317 and adding Section 24275 to revoke the election made on behalf of the plan under Section 415(b)(10) of the Internal Revenue Code of 1986 and to provide for restoration of benefits pursuant to Section 24275. (Added by Stats. 1999, Ch. 465, Sec. 5. Effective January 1, 2000.)
  163. 24252.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 27.5. Replacement Benefits Program [24250 - 24275] ( Chapter 27.5 added by Stats. 1999, Ch. 465, Sec. 5. )

    Verify source ↗

    This chapter does not apply to a member subject to the California Public Employees’ Pension Reform Act of 2013.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 27.5. Replacement Benefits Program [24250 - 24275] ( Chapter 27.5 added by Stats. 1999, Ch. 465, Sec. 5. ) ## 24252. This chapter shall not apply to a member subject to the California Public Employees’ Pension Reform Act of 2013. (Added by Stats. 2013, Ch. 559, Sec. 31. (AB 1381) Effective January 1, 2014. Deemed operative January 1, 2013, by Sec. 1 of Ch. 559.)
  164. 24255.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 27.5. Replacement Benefits Program [24250 - 24275] ( Chapter 27.5 added by Stats. 1999, Ch. 465, Sec. 5. )

    Verify source ↗

    The board may authorize transfers and disbursements from the Teachers’ Replacement Benefits Program Fund to carry out this chapter, subject to specified signatures and audit 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 27.5. Replacement Benefits Program [24250 - 24275] ( Chapter 27.5 added by Stats. 1999, Ch. 465, Sec. 5. ) ## 24255. (a) There is in the State Treasury a trust fund to be known as the Teachers’ Replacement Benefits Program 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 replacement benefits program. (b) Notwithstanding Section 13340 of the Government Code, moneys in the Teachers’ Replacement Benefits Program Fund are continuously appropriated without regard to fiscal years to pay benefits to members and beneficiaries of the Defined Benefit Program, and to pay related administrative expenses. (c) The board may authorize the transfer and disbursement of funds from the Teachers’ Replacement Benefits Program Fund for the purpose of carrying into effect this chapter 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 money from the Teachers’ Replacement Benefits Program 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. 2001, Ch. 803, Sec. 18. Effective January 1, 2002.)
  165. 24260.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 27.5. Replacement Benefits Program [24250 - 24275] ( Chapter 27.5 added by Stats. 1999, Ch. 465, Sec. 5. )

    Verify source ↗

    This section creates a replacement benefits program to pay amounts above the federal annual benefit limit, and restricts how those payments and related funds may be handled.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 27.5. Replacement Benefits Program [24250 - 24275] ( Chapter 27.5 added by Stats. 1999, Ch. 465, Sec. 5. ) ## 24260. (a) A replacement benefits program is hereby established under this chapter for the exclusive purpose of providing to members or their beneficiaries in accordance with subdivisions (c) and (d) that portion of the annual benefit of the member or the member’s beneficiaries otherwise payable under the provisions of this part that exceeds the limitations on the dollar amount of annual benefit under Section 415 of the Internal Revenue Code of 1986 (26 U.S.C. Sec. 415) as applicable to a governmental plan, as defined in subdivision (d) of Section 414. (b) The replacement benefits program established by this chapter is intended to comply with the provisions of Section 415(m) of the Internal Revenue Code of 1986 (26 U.S.C. Sec. 415(m)). (c) In any case in which (1) the annual benefit of the member or the member’s beneficiaries for the calendar year otherwise payable under the terms of this part, as measured under the provisions of Section 415(b)(2) of the Internal Revenue Code of 1986 (26 U.S.C. Sec. 415(b)(2)) and adjusted to exclude the portion of the annual benefit attributable to employee contributions that are not “picked up” under Section 414(h)(2) of the Internal Revenue Code of 1986 (26 U.S.C. Sec. 414(h)(2)) or attributable to rollover contributions described in Section 415(b)(2) of the Internal Revenue Code of 1986, exceeds (2) the limitation on the dollar amount of an annual benefit applicable for the calendar year under Section 415(b)(1)(A) or subdivision (e) as applicable to a governmental plan, as defined in Section 414(d) of the Internal Revenue Code of 1986 (26 U.S.C. Sec. 414(d)), the amount of the portion of the annual benefit shall be paid to the member or the member’s beneficiaries under the replacement benefit program in the manner described in subdivision (d). In no event shall the portion of the annual benefit from the replacement benefits program be payable from the assets of the Teachers’ Retirement Fund. In no event shall the replacement benefits program provide to the member or the member’s beneficiaries, directly or indirectly, any election to defer compensation. (d) Any portion of the annual benefit of a member or the member’s beneficiaries for the year described in subdivision (c) shall be payable, at the same time and in the same form as the remainder of the annual benefit and subject to the terms and conditions of this part except as otherwise provided under this section, from the proceeds of the employer contributions due under Section 22950, and, notwithstanding Section 22956, prior to the deposit of those employer contributions in the State Treasury to the Teachers’ Retirement Fund. Upon receipt of the warrants for the employer contributions as described in Section 23001, the board shall retain and place in the Teachers’ Replacement Benefits Program Fund only the amounts of employer contributions as are necessary for the exclusive purpose of paying currently the monthly installment next due of the portion of the annual benefit payable from the replacement benefits program to the member or the member’s beneficiaries as well as any administrative expenses associated with the replacement benefits program. Amounts shall not be accumulated in the Teachers’ Replacement Benefits Program Fund for the payment of future benefits, and a member or the member’s beneficiaries who are to receive the portion of his or her annual benefit under the replacement benefits program shall have no entitlement to amounts in the Teachers’ Replacement Benefits Program Fund until distributed to him or her as a benefit. (e) The portion of the annual benefit payable under the replacement benefits program shall be subject to withholding for any applicable income or employment taxes. (f) The administrative expenses of the replacement benefits program may include the employer portion of the Medicare payroll tax on the replacement benefits program payments of a retired member who is required to contribute to Medicare. The employee portion of the Medicare payroll tax on the replacement benefits program payments to retired members in this program who are required to contribute to Medicare shall be withheld from the replacement benefits program payments to the retired member. (g) The board may by plan amendment amend the terms of the replacement benefits program established under this section as appropriate to comply with applicable federal or state law. (h) All references to sections of the Internal Revenue Code of 1986 are to those sections as are amended from time to time or their successor sections. (Amended by Stats. 2001, Ch. 803, Sec. 19. Effective January 1, 2002.)
  166. 24270.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 27.5. Replacement Benefits Program [24250 - 24275] ( Chapter 27.5 added by Stats. 1999, Ch. 465, Sec. 5. )

    Verify source ↗

    If a member’s annual benefit was reduced by the federal compensation limit, the benefit must be restored to the full amount, and some additional amounts paid by the system by April 1, 2000.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 27.5. Replacement Benefits Program [24250 - 24275] ( Chapter 27.5 added by Stats. 1999, Ch. 465, Sec. 5. ) ## 24270. In the case of any member or member’s beneficiaries whose annual benefit otherwise payable under the provisions of this part has been reduced for any year by reason of application of the 100 percent of compensation limitation on benefits under Section 415(b)(1)(B) of the Internal Revenue Code of 1986 (26 U.S.C. Sec. 415(b)(1)(B)) the reduced annual benefit shall be restored to its full amount otherwise payable for that year. In the case of restorations in respect of annual benefits that were paid prior to January 1, 2000, the additional benefit amount shall be paid by the system to the member or the member’s beneficiaries on or before April 1, 2000. (Added by Stats. 1999, Ch. 465, Sec. 5. Effective January 1, 2000.)
  167. 24275.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 27.5. Replacement Benefits Program [24250 - 24275] ( Chapter 27.5 added by Stats. 1999, Ch. 465, Sec. 5. )

    Verify source ↗

    Benefits payable under this section are subject to Internal Revenue Code Section 415 limits (except Section 415(b)(1)(B)), as applied to a governmental plan.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 27.5. Replacement Benefits Program [24250 - 24275] ( Chapter 27.5 added by Stats. 1999, Ch. 465, Sec. 5. ) ## 24275. (a) Notwithstanding any other provision of this part, the benefits payable to any person shall be subject to the limitations of Section 415 (other than Section 415(b)(1)(B)) of the Internal Revenue Code of 1986 (26 U.S.C. Sec. 415) as applicable to a governmental plan as those sections are amended from time to time or their successor sections. (b) This section and Section 24270 shall be applicable to benefits payable in all plan years beginning before, on, or after enactment of this chapter. (Added by Stats. 1999, Ch. 465, Sec. 5. Effective January 1, 2000.)
  168. 243.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 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 7. Instructional Materials [240 - 244] ( Heading of Article 7 renumbered from Article 4 by Stats. 1998, Ch. 914, Sec. 28. )

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    School boards and charter school governing bodies may not reject or ban instructional materials or school-library resources because they cover the role and contributions of individuals or groups, unless that study violates specified sections. Complaints may be filed locally or directly with the Superintendent.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 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 7. Instructional Materials [240 - 244] ( Heading of Article 7 renumbered from Article 4 by Stats. 1998, Ch. 914, Sec. 28. ) ## 243. (a) The governing board of a school district, a county board of education, or the governing body of a charter school shall not refuse to approve the use or prohibit the use of any textbook, instructional material, supplemental instructional material, or other curriculum for classroom instruction or any book or other resource in a school library on the basis that it includes a study of the role and contributions of any individual or group consistent with the requirements of Sections 51204.5 and 60040, unless the study of the role and contributions violates Section 51501 or 60044. (b) Any action taken by the governing board of a school district, a county board of education, or the governing body of a charter school that violates subdivision (a) constitutes unlawful discrimination pursuant to Section 220. (c) Notwithstanding any other law, a complaint pursuant to this section may be filed with the applicable school district, county office of education, or charter school under the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations, or may be filed with the Superintendent directly. In responding to such a complaint, the Superintendent may directly intervene without waiting for an investigation by the school district, county office of education, or charter school. A complaint filed pursuant to this subdivision shall identify the basis for filing the complaint directly with the Superintendent. The complainant shall present the Superintendent with evidence that supports the basis for the direct filing. (Added by Stats. 2023, Ch. 229, Sec. 4. (AB 1078) Effective September 25, 2023.)
  169. 24300.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 28. Options [24300 - 24348] ( Chapter 28 added by Stats. 1993, Ch. 893, Sec. 2. )

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    A member may choose a retirement option and name option beneficiaries, but the choice must follow the section’s rules, deadlines, and court-order 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 28. Options [24300 - 24348] ( Chapter 28 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24300. (a) A member may, upon application for retirement, elect an option pursuant to this part that would provide an actuarially modified retirement allowance payable throughout the life of the member and the member’s option beneficiary or beneficiaries, as follows: (1) Option 2.The modified retirement allowance shall be paid to the retired member. Upon the retired member’s death, an allowance equal to the modified amount that the retired member was receiving shall be paid to the option beneficiary. (2) Option 3.The modified retirement allowance shall be paid to the retired member. Upon the retired member’s death, an allowance equal to one-half of the modified amount that the retired member was receiving shall be paid to the option beneficiary. (3) Option 4.The modified retirement allowance shall be paid to the retired member as long as both the retired member and the option beneficiary are living. Upon the death of either the retired member or the option beneficiary, an allowance equal to two-thirds of the modified amount that the retired member was receiving shall be paid to the surviving retired member or the surviving option beneficiary. (4) Option 5.The modified retirement allowance shall be paid to the retired member as long as both the retired member and the option beneficiary are living. Upon the death of either the retired member or the option beneficiary, an allowance equal to one-half of the modified amount that the retired member was receiving shall be paid to the surviving retired member or surviving option beneficiary. (5) Option 6.The modified retirement allowance shall be paid to the retired member and upon the retired member’s death, an allowance equal to the modified amount that the retired member was receiving shall be paid to the option beneficiary. (6) Option 7.The modified retirement allowance shall be paid to the retired member and upon the retired member’s death, an allowance equal to one-half of the modified amount the retired member was receiving shall be paid to the option beneficiary. (7) Option 8.(A) A member may designate multiple option beneficiaries. The member who has designated more than one option beneficiary shall elect an option that the member is authorized to elect subject to subdivision (e) for each beneficiary designated that would provide an actuarially modified retirement allowance payable throughout the lives of the member and the member’s option beneficiaries upon the member’s death. (B) The modified retirement allowance shall be paid to the retired member as long as the retired member and at least one of the option beneficiaries are living. Upon the retired member’s death, an allowance shall be paid to each surviving option beneficiary in accordance with the option elected respective to that beneficiary. The member shall determine the percentage of the unmodified allowance that will be modified by the election of Option 2, Option 3, Option 4, Option 5, Option 6, or Option 7 within this option, the aggregate of which shall equal 100 percent of the member’s unmodified allowance. The election of this option is subject to approval by the board. (C) A member who is a party to an action for legal separation or dissolution of marriage and who is required by court order to designate a spouse or former spouse as an option beneficiary may designate his or her spouse or former spouse as a sole option beneficiary under subparagraphs (A) and (B). The member shall specify the option elected for the spouse or former spouse and the percentage of his or her unmodified allowance to be modified by the option, consistent with the court order. The percentage of the member’s unmodified allowance that is not modified by the option shall remain an unmodified allowance payable to the member. The aggregate of the percentages specified for the option beneficiary and the member’s remaining unmodified allowance, if any, shall equal 100 percent. (b) For purposes of this section, the member shall designate an option beneficiary on a properly executed retirement application. Except as otherwise provided by this chapter, the option shall become effective on the member’s benefit effective date. (c) A member may revoke or change an election of an option at any time prior to the effective date of the member’s retirement under this part. A revocation or change of an option may not be made in derogation of a spouse’s or former spouse’s community property rights as specified in a court order. (d) (1) A member may change the beneficiary designated pursuant to this section without penalty by designating a trust as beneficiary if all of the following requirements are met: (A) The trust conforms to the definition of trust in Section 22149. (B) The beneficiary of the trust is the same person as the previously named option beneficiary. (C) The member files an application and any required documents in a form prescribed by the system. (2) If a trust is determined to be invalid or terminates after the system commences payment to the trust, beginning on the effective date of termination of the trust, the benefit shall be paid to, and all associated rights and responsibilities shall accrue to, the beneficiary of the trust so long as that beneficiary is eligible to receive a benefit pursuant to this section. (e) On or before July 1, 2004, the board shall evaluate the existing options and annuities provided pursuant to this section, Chapter 38 (commencing with Section 25000) of this part, and Part 14 (commencing with Section 26000) and adopt, as a plan amendment, any appropriate changes to the options and annuities based on the needs of members, participants, and their beneficiaries, including, but not limited to, providing economic security for beneficiaries and reducing complexity in the election of options and annuities by members and participants. The changes to the options and annuities may have no net actuarial impact on the retirement fund, and the board may establish any eligibility criteria it deems necessary to prevent an adverse actuarial impact to the fund. The board shall designate the effective date of the plan amendment, which shall be at least 18 months after the amendment is adopted by the board, and notwithstanding any other provision of this section, the options and annuities available to members and participants eligible to retire pursuant to this part and Part 14 (commencing with Section 26000), after the effective date of the plan amendment made pursuant to this subdivision, shall reflect the changes adopted as a plan amendment pursuant to this subdivision. (f) Any member or participant who retired and elected an option or a joint and survivor annuity, or who filed a preretirement election of an option prior to the effective date of the plan amendment made pursuant to subdivision (d), may elect to change to a different option or joint and survivor annuity, as modified by the board as a plan amendment pursuant to subdivision (d), if the member or participant meets all the criteria established by the board to prevent a change in an option or joint and survivor annuity from having an adverse actuarial impact on the retirement fund, including, but not limited to, the effective date of a new designation or limitations on any changes if a member or participant, as the case may be, or beneficiary, or both, is currently not living or afflicted with a known terminal illness. The member or participant shall designate the change during the six-month period that begins with the effective date of the plan amendment, on a form prescribed by the system. Any member changing an option election pursuant to this subdivision is not subject to the allowance reduction prescribed in Section 24309 or 24310 as a result of the election. If a member or participant elects to change his or her option or joint and survivor annuity under this subdivision, the member or participant shall retain the same option beneficiary or beneficiaries as named in the prior designation. (g) The Legislature reserves the right to modify this section prior to the effective date of the plan amendment made pursuant to subdivision (d) to prevent any actuarial impact to the fund. (h) Except as described in subdivision (e) of Section 24300.1, on or after January 1, 2007, a member may not make a new election for an option or joint and survivor annuity described in subdivision (a). (i) Any member with a retirement effective on or after January 1, 2007, shall elect an option from the options described in Section 24300.1. Any member making a new option election under the provisions of Section 24320, 24321, 24322, or 24323 shall elect an option from the options described in Section 24300.1 if the effective date of the new option election is on or after January 1, 2007. (Amended by Stats. 2016, Ch. 559, Sec. 6. (AB 1875) Effective January 1, 2017.)
  170. 24300.1.

    ## 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 28. Options [24300 - 24348] ( Chapter 28 added by Stats. 1993, Ch. 893, Sec. 2. )

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    A member may choose a retirement option with beneficiary payments, but must follow age limits, designation rules, and timing 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 28. Options [24300 - 24348] ( Chapter 28 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24300.1. (a) A member may, upon application for retirement, elect an option pursuant to this part that would provide an actuarially modified retirement allowance payable throughout the life of the member and the member’s option beneficiary or beneficiaries, as follows: (1) One hundred percent beneficiary option. The modified retirement allowance shall be paid to the retired member and upon the member’s death, 100 percent of the modified allowance shall continue to be paid to the option beneficiary. (2) Seventy-five percent beneficiary option. The modified retirement allowance shall be paid to the retired member and upon the member’s death, 75 percent of the modified allowance shall continue to be paid to the option beneficiary. Pursuant to Section 401(a)(9) of the Internal Revenue Code, unless the option beneficiary is the member’s spouse or former spouse who has been awarded a community property interest in the benefits of the member under this part, the member may not designate an option beneficiary under this option who is more than exactly 19 years younger than the member. (3) Fifty percent beneficiary option. The modified retirement allowance shall be paid to the retired member and upon the member’s death, 50 percent of the modified allowance shall continue to be paid to the option beneficiary. (4) Compound option. The member may designate multiple option beneficiaries or one or multiple option beneficiaries with a designated percentage to remain unmodified. The member shall elect an option as described in paragraph (1), (2), or (3) for each designated option beneficiary that would provide an actuarially modified retirement allowance payable throughout the lives of the retired member and the member’s option beneficiary or beneficiaries upon the member’s death. (A) The modified retirement allowance shall be paid to the member as long as the member and at least one option beneficiary is living. Upon the member’s death, an allowance shall be paid to each surviving option beneficiary in accordance with the option elected respective to that option beneficiary. (B) The member shall specify the percent of the unmodified allowance that will be modified by the election of each option described in paragraph (1), (2), or (3) of this subdivision. The percent of the unmodified allowance that is not modified by an option, if any, shall be payable to the member. The sum of the percentages specified for the option beneficiary or beneficiaries and the member’s remaining unmodified allowance, if any, shall equal 100 percent. (C) The member’s election of the compound option is subject to all of the following: (i) Pursuant to Section 401(a)(9) of the Internal Revenue Code, unless the option beneficiary is the member’s spouse or former spouse who has been awarded a community property interest in the member’s benefits under this part, the member may not designate an option beneficiary under the 100 percent beneficiary option within this compound option who is more than exactly 10 years younger than the member. (ii) Pursuant to Section 401(a)(9) of the Internal Revenue Code, unless the option beneficiary is the member’s spouse or former spouse who has been awarded a community property interest in the member’s benefits under this part, the member may not designate an option beneficiary under the 75 percent beneficiary option within this compound option who is more than exactly 19 years younger than the member. (b) For purposes of this section, the member shall designate an option beneficiary on a properly executed retirement application. Except as otherwise provided by this chapter, the option shall become effective on the member’s benefit effective date. (c) Except as provided in subdivision (d), a member may revoke or change an election of an option no later than 30 days from the date the member’s initial benefit payment for the member’s most recent retirement under the Defined Benefit Program is paid by the system. A revocation of an option may not be made in derogation of a spouse’s or a former spouse’s community property rights as specified in a court order. (d) (1) A member may change the beneficiary designated pursuant to this section without penalty by designating a trust as beneficiary if all of the following requirements are met: (A) The trust conforms to the definition of trust in Section 22149. (B) The beneficiary of the trust is the same person as the previously named option beneficiary. (C) The member files an application and any required documents in a form prescribed by the system. (2) If a trust is determined to be invalid or terminates after the system commences payment to the trust, beginning on the effective date of termination of the trust, the benefit shall be paid to, and all associated rights and responsibilities shall accrue to, the beneficiary of the trust so long as that beneficiary is eligible to receive a benefit pursuant to this section. (e) Notwithstanding Section 297 or 299.2 of the Family Code, a spouse described in paragraphs (2) and (4) of subdivision (a) does not include the domestic partner of the member, pursuant to Section 7 of Title 1 of the United States Code. (f) If there is a determination of community property rights as described in Chapter 12 (commencing with Section 22650) of this part on or before December 31, 2006, the member may elect the option that is required by the judgment or court order. Nothing in this part shall permit the member to change the option to the detriment of the community property interest of the nonmember spouse. (g) The board may evaluate the existing options and annuities provided pursuant to this section, Chapter 38 (commencing with Section 25000) of this part, and Part 14 (commencing with Section 26000) and adopt, as a plan amendment, any appropriate changes to the options and annuities based on the needs of the members, participants, and their beneficiaries, including, but not limited to, providing economic security for beneficiaries and reducing the complexity of the options and annuities. The changes to the options and annuities may have no net actuarial impact on the retirement fund and the board may establish any eligibility criteria the board deems necessary to prevent an adverse actuarial impact to the fund. The board shall designate the effective date of the plan amendment, which shall be at least 18 months after the amendment is adopted by the board, and notwithstanding any other provision of this section, the options and annuities available to members and participants eligible to retire pursuant to this part and Part 14 (commencing with Section 26000), after the effective date of the plan amendment made pursuant to this subdivision, shall reflect the changes adopted as a plan amendment to this subdivision. (Amended by Stats. 2016, Ch. 559, Sec. 7. (AB 1875) Effective January 1, 2017.)
  171. 24307.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 28. Options [24300 - 24348] ( Chapter 28 added by Stats. 1993, Ch. 893, Sec. 2. )

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    This section lets eligible members make certain preretirement option elections and later change them only in limited ways, with timing and paperwork 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 28. Options [24300 - 24348] ( Chapter 28 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24307. (a) A member who qualifies to apply for retirement under Section 24201 or 24203 may make a preretirement election of an option, as provided in Section 24300.1 without right of revocation or change after the benefit effective date, except as provided in this part. The preretirement election of an option shall become effective as of the date of the member’s signature on a properly executed form prescribed by the system, subject to the following requirements: (1) The form includes the signature of the member’s spouse or registered domestic partner, if applicable, and the signature is dated. (2) The date the form is received at the system’s headquarters office is within 30 days after the date of the member’s signature and, if applicable, the spouse’s or registered domestic partner’s signature. (b) A member who makes a preretirement election of an Option 2, Option 3, Option 4, Option 5, Option 6, or Option 7 pursuant to Section 24300, or an election as described in paragraph (1), (2), or (3) of Section 24300.1 may subsequently make a preretirement election of the compound option described in paragraph (4) of subdivision (a) of Section 24300.1. The member may retain the same option and the same option beneficiary as named in the prior preretirement election for a designated percentage within the compound option. (c) Upon the member’s death prior to the benefit effective date, the beneficiary who was designated under the option elected and who survives shall receive an allowance calculated under the option, under the assumption that the member retired for service pursuant to Chapter 27 (commencing with Section 24201) on the date of death. The payment of the allowance to the option beneficiary shall be in lieu of the family allowance provided in Section 23804, the payment provided in paragraph (1) of subdivision (a) of Section 23802, the survivor benefit allowance provided in Section 23854, and the payment provided in subdivisions (a) and (b) of Section 23852, except that if the beneficiary dies before all of the member’s accumulated retirement contributions are paid, the balance, if any, shall be paid to the estate of the person last receiving or entitled to receive the allowance. The accumulated annuity deposit contributions and the death payment provided in Sections 23801 and 23851 shall be paid to the beneficiary in a lump sum. (d) If the member subsequently retires for service, and the elected option has not been canceled pursuant to Section 24309, a modified service retirement allowance computed under Section 24300 or 24300.1 and the option elected shall be paid. (e) The amount of the service retirement allowance prior to applying the option factor shall be calculated as of the earlier of the member’s age at death before retirement or age on the last day of the month in which the member requested service retirement be effective. The modification of the service retirement allowance by the option elected shall be based on the ages of the member and the beneficiary designated under the option, as of the date the election was signed. (f) A member who terminates the service retirement allowance pursuant to Section 24208 shall not be eligible to file a preretirement election of an option until one calendar year elapses from the date the allowance is terminated. If the member retires again within one calendar year of the termination of their benefit pursuant to Section 24208, the retired member shall keep, upon subsequent retirement, the option and beneficiary or the unmodified election in place upon the date the termination of the benefits became effective. (1) If the member’s option beneficiary or beneficiaries predecease the member within one calendar year of the termination of benefits and before the member has retired again, upon notification to the system, the system shall cancel the option and beneficiary from that portion of the benefit with reduction pursuant to Section 24309. The member shall not elect a new option or beneficiary pursuant to Section 24310 until one calendar year from the termination effective date has elapsed. (2) If a final decree of dissolution of marriage or a judgment of nullity has been entered or an order of separate maintenance has been made within one calendar year of the termination of benefits and the member has not retired again, upon notification to the system, the system shall cancel or change the option election in accordance with the court order with reduction pursuant to Section 24309. Any additional changes shall not be made until one calendar year from the termination effective date has elapsed. (g) (1) A member may change the beneficiary designated pursuant to this section without penalty by designating a trust as beneficiary if all of the following requirements are met: (A) The trust conforms to the definition of trust in Section 22149. (B) The beneficiary of the trust is the same person as the previously named option beneficiary. (C) The member files an application and any required documents in a form prescribed by the system. (2) If a trust is determined to be invalid or terminates after the system commences payment to the trust, beginning on the effective date of termination of the trust, the benefit shall be paid to, and all associated rights and responsibilities shall accrue to, the beneficiary of the trust so long as that beneficiary is eligible to receive a benefit pursuant to this section. (h) The system shall inform members who are qualified to make a preretirement election of an option, through the annual statements of account, that the election of an option can be made. (Amended by Stats. 2016, Ch. 559, Sec. 8. (AB 1875) Effective January 1, 2017.)
  172. 24307.5.

    ## 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 28. Options [24300 - 24348] ( Chapter 28 added by Stats. 1993, Ch. 893, Sec. 2. )

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    A service-retiring member who made a preretirement election under Section 24307 is entitled to have the allowance adjusted using the higher of two option factors.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 28. Options [24300 - 24348] ( Chapter 28 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24307.5. Upon retirement for service, the member who filed a preretirement election of an option under Section 24307 shall have his or her allowance modified by the greater of the option factor as of the effective date of the preretirement election, or the option factor at the time the member’s retirement became effective. (Added by Stats. 1998, Ch. 349, Sec. 8. Effective January 1, 1999.)
  173. 24309.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 28. Options [24300 - 24348] ( Chapter 28 added by Stats. 1993, Ch. 893, Sec. 2. )

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    A member may change or cancel an option election, but must use the system’s form and meet the filing 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 28. Options [24300 - 24348] ( Chapter 28 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24309. (a) A member may change or cancel the election of an option made pursuant to Section 24307. The change or cancellation shall be on a properly executed form provided by the system and received at the system’s headquarters office within 30 days after the date of the member’s signature and, if applicable, the spouse’s signature, and no later than 30 days from the date the member’s initial benefit payment for the member’s most recent retirement under the Defined Benefit Program is paid by the system. The change or cancellation shall become effective as of the date of the member’s signature or the day prior to the member’s benefit effective date, whichever is earlier. Except as provided in subdivision (g) of Section 24307, both of the following shall apply: (1) Any change to an election of an option shall be made according to Section 24307 and shall be considered a new preretirement election of an option. (2) Regardless of how the member elects to receive the member’s service retirement allowance, a change made to an election of an option or a cancellation of an option shall result in the reduction of that allowance by an amount determined by the board to be the actuarial equivalent of the coverage the member received as a result of the preretirement election and that does not result in any adverse funding to the plan. (b) If the option beneficiary designated in the preretirement election of an option pursuant to Section 24307 dies prior to the member’s retirement, the preretirement election shall be canceled as of the day following the date of death and the member’s subsequent retirement allowance under this part shall be subject to the allowance reduction prescribed in this section. (c) If the option elected pursuant to Section 24307 is “Option 8” as described in paragraph (7) of subdivision (a) of Section 24300 or the compound option as described in paragraph (4) of subdivision (a) of Section 24300.1, a member may cancel the designation of an option beneficiary. If the member cancels the designation of the option beneficiary or the option beneficiary predeceases the member prior to the member’s retirement, the member may elect to receive that portion of the retirement allowance without modification for the option or elect one or multiple new or existing option beneficiaries as described in Section 24307. Any change or cancellation of the designation of the option beneficiary under this subdivision shall result in the allowance reduction prescribed in this section. (Amended by Stats. 2019, Ch. 96, Sec. 21. (AB 644) Effective January 1, 2020.)
  174. 24310.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 28. Options [24300 - 24348] ( Chapter 28 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    If a member’s option election is canceled under Section 24309, the member may elect an option again under Section 24307.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 28. Options [24300 - 24348] ( Chapter 28 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24310. If an election of an option is canceled under Section 24309, the member may again elect an option under Section 24307. If an election of an option is changed or canceled during any year, the reduction for that year shall be that for the option to which the greater reduction under Section 24309 as it read on December 31, 1995, is applicable. (Amended by Stats. 2014, Ch. 755, Sec. 59. (SB 1220) Effective January 1, 2015.)
  175. 24311.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 28. Options [24300 - 24348] ( Chapter 28 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    If a service retirement allowance ends and the person is later reinstated, a previously elected option under Sections 24300 or 24300.1 is treated as a preretirement election and is governed by the same rules as an option under Section 24307.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 28. Options [24300 - 24348] ( Chapter 28 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24311. Upon termination of a service retirement allowance pursuant to Section 24208, any option elected pursuant to Section 24300 or 24300.1 and in effect at the time of reinstatement shall be considered to be a preretirement election of an option elected as of the effective date of the most recent retirement and shall be subject to the same provisions as an option elected under Section 24307. (Added by renumbering Section 24302 by Stats. 2014, Ch. 755, Sec. 46. (SB 1220) Effective January 1, 2015.)
  176. 24312.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 28. Options [24300 - 24348] ( Chapter 28 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    Ending a service retirement allowance under Section 24208 does not cancel an option elected under Section 24307.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 28. Options [24300 - 24348] ( Chapter 28 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24312. Termination of the service retirement allowance pursuant to Section 24208 shall not cancel an option elected under the provisions of Section 24307. The effective date of the option shall remain the original election date pursuant to Section 24307. (Added by renumbering Section 24303 by Stats. 2014, Ch. 755, Sec. 47. (SB 1220) Effective January 1, 2015.)
  177. 24320.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 28. Options [24300 - 24348] ( Chapter 28 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    A retired member may cancel certain retirement option elections and switch the beneficiary, but must notify the board in writing and provide required 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 28. Options [24300 - 24348] ( Chapter 28 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24320. (a) An option elected under Section 24300 or 24300.1 may be canceled by a retired member if the option beneficiary is not the retired member’s spouse or former spouse. A retired member may cancel the option before or after issuance of the first retirement allowance payment and shall designate his or her spouse as the new option beneficiary and the same or a different joint and survivor option described in Section 24300.1. (b) The retired member shall notify the board, in writing on a properly executed form provided by the system, of the designation of the new option beneficiary. Notification shall include a certified copy of the marriage certificate and a properly executed form for the change. (c) The effective date of the new election shall be six months following the date notification is received by the board, provided both the retired member and the new designated option beneficiary are then living. If the effective date of the new option election is on or after January 1, 2007, at the time of the new election the retired member shall elect an option from the options described in Section 24300.1. If, before the new election becomes effective, the member terminates his or her benefit pursuant to Section 24208 or the retired member or the new option beneficiary dies, the new election is void and the previous election remains in effect. (d) The election of the option and designation of the option beneficiaries under this section and Section 24300.1 shall be subject to an actuarial modification of the retirement allowance. In no event may a retired member elect a joint and survivor option that would result in any additional liability to the fund. A retired member may not elect the compound option described in paragraph (4) of subdivision (a) of Section 24300.1. Modification of the retirement allowance because of the new option beneficiary and the new option shall be based on the ages of the retired member and the new option beneficiary as of the effective date of the new election. (Added by renumbering Section 24305.5 by Stats. 2014, Ch. 755, Sec. 52. (SB 1220) Effective January 1, 2015.)
  178. 24321.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 28. Options [24300 - 24348] ( Chapter 28 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    A retired member who later marries or enters a domestic partnership may choose certain retirement options for a new spouse or partner, but must give written notice, wait six months for effectiveness, and comply with board approval and other 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 28. Options [24300 - 24348] ( Chapter 28 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24321. (a) Any retired member who was unmarried and not in a registered domestic partnership on the benefit effective date who did not elect an option pursuant to Section 24300, 24300.1, or 24307, and who thereafter marries or registers in a domestic partnership, may, after the effective date of the member’s retirement under this part, elect an option described in paragraph (1), (2), or (3) of subdivision (a) of Section 24300.1, naming his or her new spouse or registered domestic partner as the option beneficiary, subject to all of the following: (1) The retired member shall have been married or registered in a domestic partnership for at least one year prior to making the election of the option. (2) The retired member shall notify the board, in writing on a properly executed form provided by the system, of the election of the option and the designation of the member’s new spouse or registered domestic partner as the option beneficiary. That notice shall include a certified copy of the marriage certificate or the certificate of registration of domestic partnership. (3) The election of an option under this section is subject to approval by the board. A retired member may not elect a joint and survivor option that would result in any additional liability to the retirement fund. A retired member may not elect the compound option described in paragraph (4) of subdivision (a) of Section 24300.1. (4) The election shall be effective six months after the date the notification is received by the board, provided that both the retired member and the retired member’s designated spouse or registered domestic partner are then living. If the effective date of the new option election is on or after January 1, 2007, at the time of the new election the retired member shall elect an option from the options described in paragraph (1), (2), or (3) of subdivision (a) of Section 24300.1. If, before the new election becomes effective, the member terminates his or her benefit pursuant to Section 24208 or the retired member or the new option beneficiary dies, the new election is void and the unmodified election remains in effect. (b) The election of the option and designation of the option beneficiary under this section shall result in an actuarial modification of the member’s retirement allowance that shall be payable through the life of the member and the member’s new spouse or registered domestic partner. Modification of the member’s retirement allowance pursuant to this section shall be based on the ages of the retired member and the retired member’s new spouse or registered domestic partner as of the effective date of the election. (Added by renumbering Section 24300.6 by Stats. 2014, Ch. 755, Sec. 44. (SB 1220) Effective January 1, 2015.)
  179. 24322.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 28. Options [24300 - 24348] ( Chapter 28 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    A retired member may cancel certain retirement options after a spouse-related dissolution, nullity, or separate maintenance order, but must notify the board in writing and provide required 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 28. Options [24300 - 24348] ( Chapter 28 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24322. (a) An option elected under Section 24300, 24300.1, or 24307 may be canceled by a retired member if the option beneficiary is the retired member’s spouse or former spouse and a final decree of dissolution of marriage or a judgment of nullity has been entered or an order of separate maintenance has been made on or after January 1, 1978, by a court of competent jurisdiction. A retired member may cancel the option before or after issuance of the first retirement allowance payment. (b) The retired member shall notify the board, in writing on a properly executed form provided by the system, of cancellation of the option. Notification shall not be earlier than the effective date of the decree, judgment, or order and shall include a certified copy of the final decree of dissolution, or judgment of nullity, or an order of separate maintenance, and any property settlement agreement. (c) Upon notification to the board, the retired member may elect: (1) to receive the unmodified retirement allowance from the date of receipt of the notification; or (2) a new joint and survivor option under Section 24300.1 and may designate one or multiple new option beneficiaries. Modification of the retirement allowance because of the newly elected option or newly designated beneficiary or beneficiaries shall be based on the ages of the retired member and the new option beneficiary or beneficiaries as of the effective date of the new option. The election of a new joint and survivor option or the designation of a new option beneficiary or beneficiaries shall be consistent with the final decree of dissolution, judgment of nullity, order of separate maintenance, or property settlement agreement, and shall not result in any additional liability to the Teachers’ Retirement Fund. The effective date of the change shall be the date notification is received by the board. (d) (1) A retired member electing to receive an unmodified or modified retirement allowance pursuant to subdivision (c), who is not married or in a registered domestic partnership at the time of the election and who thereafter marries or registers in a domestic partnership, may later elect an option described in paragraph (1), (2), or (3) of subdivision (a) of Section 24300.1, naming his or her new spouse or registered domestic partner as the option beneficiary, subject to all of the following: (A) The retired member shall notify the board, in writing on a properly executed form provided by the system, of the election of the option and the designation of the member’s new spouse or registered domestic partner as the option beneficiary. That notice shall include a certified copy of the marriage certificate or the certificate of registration of domestic partnership. (B) The election shall be effective six months after the date the notification is received by the board, provided that both the retired member and the retired member’s designated spouse or registered domestic partner are then living. If, before the new election becomes effective, the member terminates his or her benefit pursuant to Section 24208 or the retired member or the new option beneficiary dies, the new election is void and the election pursuant to subdivision (c) remains in effect. (2) The election of the option and designation of the option beneficiary under this section shall result in an actuarial modification of the member’s retirement allowance that shall be payable through the life of the member and the member’s new spouse or registered domestic partner. Modification of the member’s retirement allowance pursuant to this subdivision shall be based on the ages of the retired member and the retired member’s new spouse or registered domestic partner as of the effective date of the election and shall not be in conflict with the final decree of dissolution, judgment of nullity, order of separate maintenance, or property settlement agreement. (Amended by Stats. 2018, Ch. 416, Sec. 17. (SB 1165) Effective January 1, 2019.)
  180. 24323.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 28. Options [24300 - 24348] ( Chapter 28 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    This section lets a retired member choose a new survivor-benefit option and name new beneficiaries if a designated beneficiary dies, but only under 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 28. Options [24300 - 24348] ( Chapter 28 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24323. (a) If an option beneficiary designated in the election of an Option 2 or Option 3 as described in Section 24300 predeceases the retired member, the retired member may elect a new joint and survivor option described in paragraph (1), (2), (3), or (4) of subdivision (a) of Section 24300.1 and designate one or multiple new option beneficiaries. (b) If an option beneficiary designated in the election of an Option 4 or Option 5 as described in Section 24300 predeceases the retired member, a retirement allowance adjusted for the specified option shall be payable to the retired member and shall commence to accrue to the retired member as of the day following the date of the death of the option beneficiary. The retired member may elect a new joint and survivor option described in paragraph (1), (2), (3), or (4) of subdivision (a) of Section 24300.1 and designate one or multiple new option beneficiaries. (c) If an option beneficiary designated in the election of Option 2 or Option 3 within Option 8 as described in Section 24300 predeceases the retired member, the retired member may elect a new joint and survivor option described in paragraph (1), (2), or (3) of subdivision (a) of Section 24300.1 and designate a new option beneficiary for the portion of the retirement allowance that was modified for the prior option beneficiary. The retired member may not elect the compound option described in paragraph (4) of subdivision (a) of Section 24300.1. (d) If an option beneficiary designated in the election of Option 4 or Option 5 within Option 8 as described in Section 24300 predeceases the retired member, a retirement allowance adjusted for the specified option for the portion of the benefit allocated to that beneficiary shall be payable to the retired member and shall commence to accrue to the retired member as of the day following the date of the death of the option beneficiary. The retired member may elect a new joint and survivor option described in paragraph (1), (2), or (3) of subdivision (a) of Section 24300.1 for that portion of the retirement allowance that was modified for the prior option beneficiary and designate a new option beneficiary. The retired member may not elect the compound option described in paragraph (4) of subdivision (a) of Section 24300.1. (e) If an option beneficiary designated in the election of an Option 6 or Option 7 or in the election of Option 6 or Option 7 within Option 8, pursuant to Section 24300 predeceases the retired member, that portion of the retirement allowance attributable to Option 6 or Option 7 without modification for the option shall be payable to the retired member upon notification to the board and shall commence to accrue to the retired member as of the day following the date of the death of the option beneficiary. The retired member may designate a new beneficiary for that portion of the retirement allowance within the same option designated for the prior beneficiary. (f) If an option beneficiary designated in the election of an option pursuant to paragraph (1), (2), (3), or (4) of subdivision (a) of Section 24300.1 predeceases the retired member, that portion of the retirement allowance attributable to the option without modification for the option shall be payable to the member upon notification to the board and shall commence to accrue to the retired member as of the day following the date of the death of the option beneficiary. The retired member may designate a new beneficiary for that portion of the retirement allowance within the same option designated for the prior beneficiary. (g) The retired member shall submit proof of death of the prior beneficiary before making a new beneficiary election under this section. The effective date of any new election under this section shall be six months following the date notification is received by the board provided both the retired member and the newly designated option beneficiary are living on the date the new election is to become effective. Notification shall be on a properly executed form prescribed by the system for the new designation. (h) If, before the new election becomes effective, the member reinstates pursuant to Section 24208 or the retired member or new option beneficiary dies, the new election is void. (i) If the retired member is eligible to elect a new option and the effective date of the new option election is on or after January 1, 2007, at the time of the new election the retired member shall elect an option from the options described in Section 24300.1. (j) The election of the new joint and survivor option under this section and Section 24300.1 is subject to an actuarial modification of the retirement allowance. In no event may a retired member elect a joint and survivor option that would result in any additional liability to the fund. (k) The new option beneficiary cannot be an existing option beneficiary for that member designated under paragraph (7) of subdivision (a) of Section 24300 or paragraph (4) of subdivision (a) of Section 24300.1. (Added by renumbering Section 24306 by Stats. 2014, Ch. 755, Sec. 53. (SB 1220) Effective January 1, 2015.)
  181. 24324.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 28. Options [24300 - 24348] ( Chapter 28 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    A member receiving a joint and survivor annuity may change the annuity or beneficiary if specified family-law conditions are met, and must notify the system in writing.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 28. Options [24300 - 24348] ( Chapter 28 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24324. (a) A member who is receiving a joint and survivor annuity under the Defined Benefit Supplement Program may change the annuity or the annuity beneficiary elected pursuant to Section 25011, 25011.1, 25018, or 25018.1, provided all of the following conditions are met: (1) The annuity beneficiary is the member’s spouse or former spouse. (2) A final decree of dissolution of marriage is granted, or a judgment of nullity is entered, or an order of separate maintenance is made by a court of competent jurisdiction with respect to the member and the spouse or former spouse on or after the beginning of the initial plan year designated by the board pursuant to Section 22156.05. (3) The change is consistent with the final decree of dissolution, judgment of nullity, or order of separate maintenance. (b) A member may change the annuity pursuant to subdivision (a) before or after the first annuity payment is issued. (c) The member shall notify the system in writing of the change in the annuity. The notification shall not be earlier than the effective date of the final decree of dissolution, judgment of nullity, or order of separate maintenance and shall include a certified copy of the final decree of dissolution, judgment of nullity, or order of separate maintenance, and any property settlement agreement. (d) A change in the annuity or annuity beneficiary or both shall become effective on the date the notification of change is received by the system. The annuity amount payable to the member upon the change elected by the member shall be determined as of the effective date of the change and shall be the actuarial equivalent of the lump sum that would otherwise be payable to the member as of the date of the change. If the member elects a joint and survivor annuity, the amount payable under the annuity shall be modified consistent with the annuity elected by the member. (Added by renumbering Section 24305.3 (as amended by Stats. 2006, Ch. 655, Sec. 39) by Stats. 2014, Ch. 755, Sec. 50. (SB 1220) Effective January 1, 2015.)
  182. 24330.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 28. Options [24300 - 24348] ( Chapter 28 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    This section stops certain benefit payments when an option is elected, and it bars some disability-retired members from filing that option election.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 28. Options [24300 - 24348] ( Chapter 28 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24330. (a) The election of an option as provided in Section 24307 shall preclude the payment of a family allowance to any beneficiary under this part. (b) The preretirement election of an option made by the member pursuant to Section 24307 shall be voided by the board as of the effective date of an approved disability retirement under this part. Members receiving a disability retirement allowance pursuant to Chapter 26 (commencing with Section 24100) may not file an election of option as provided in Section 24307. (c) The election of an option as provided in Section 24307 shall preclude the payment of a survivor benefit allowance pursuant to Chapter 23 (commencing with Section 23850) and shall preclude the payment of the remaining balance of the member’s accumulated retirement contributions prior to the death of the option beneficiary. (Added by renumbering Section 24308 by Stats. 2014, Ch. 755, Sec. 57. (SB 1220) Effective January 1, 2015.)
  183. 24331.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 28. Options [24300 - 24348] ( Chapter 28 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    Certain option beneficiaries and trustees of qualifying trusts may name a beneficiary to receive unpaid amounts after the option beneficiary dies.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 28. Options [24300 - 24348] ( Chapter 28 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24331. (a) An option beneficiary or a trustee or beneficiary of a trust that is an option beneficiary who is receiving an allowance pursuant to the option elected by the member may designate a beneficiary to receive any allowance that has accrued and is unpaid, and any remaining balance of the retired member’s accumulated retirement contributions payable pursuant to Section 23881, upon the death of the option beneficiary. (b) Unless otherwise specified in the trust instrument, the trustee of the trust that is an option beneficiary is entitled to name a subsequent beneficiary if the trust is valid. If the trust is determined to be invalid or terminates, any election by the trustee pursuant to this division shall be void and the beneficiary shall be entitled to exercise all rights provided to option beneficiaries under this part. (Amended by Stats. 2016, Ch. 559, Sec. 10. (AB 1875) Effective January 1, 2017.)
  184. 24332.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 28. Options [24300 - 24348] ( Chapter 28 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    A member applying for disability retirement may choose an actuarially modified allowance, but must file either an unmodified allowance election or an option beneficiary designation with the system by the end of the month the retirement is approved.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 28. Options [24300 - 24348] ( Chapter 28 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24332. (a) A member upon application for a disability retirement pursuant to Chapter 26 (commencing with Section 24100), may elect, as provided in Section 24300 or 24300.1 to receive an actuarially modified disability retirement allowance. (b) For purposes of this section, the member shall either elect to receive an unmodified allowance or designate an option beneficiary on a properly executed form prescribed by the system, either of which shall be filed with the system on or before the last day of the month in which the member’s disability retirement is approved by the system. The option shall become effective on the effective date of the disability retirement allowance. The modification of the disability retirement allowance under the option elected shall be based on the ages of the retired member and the designated option beneficiary as of the effective date of the disability retirement. The modification shall be applicable only to the disability retirement allowance payable pursuant to subdivision (a) of Section 24106. (c) Except as provided in Sections 24300, 24300.1, 24320, 24321, 24322, and 24323, a member may revoke or change an election of an option no later than 30 days from the date of the member’s initial disability retirement benefit payment. (d) If a member dies prior to electing an unmodified allowance or an option, the death benefits shall be payable under Chapter 23 (commencing with Section 23850), regardless of whether the disability retirement application is or would have been approved. (Added by renumbering Section 24301 by Stats. 2014, Ch. 755, Sec. 45. (SB 1220) Effective January 1, 2015.)
  185. 24333.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 28. Options [24300 - 24348] ( Chapter 28 added by Stats. 1993, Ch. 893, Sec. 2. )

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    After a disability retirement allowance ends, a member’s prior retirement option is void, and the member can only make a preretirement election within the timing limits stated 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 28. Options [24300 - 24348] ( Chapter 28 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24333. Upon termination of a disability retirement allowance pursuant to Section 24117, any option elected at the time of retirement pursuant to Section 24332 shall be void as of the effective date of the reinstatement. The preretirement election of option subsequent to termination of the allowance pursuant to Section 24117 shall be subject to the following: (a) A member may not make a preretirement election of option pursuant to Section 24307 prior to becoming qualified to make application for service retirement under Section 24201 or 24203. (b) A member who was receiving an unmodified disability retirement allowance prior to termination of the allowance may not make a preretirement election of option earlier than six months following the date on which the disability retirement allowance was terminated pursuant to Section 24117. (c) A member who has elected an option pursuant to Section 24332, and is otherwise eligible to make a preretirement election of an option, may make the election anytime during the six months following the date on which the disability retirement allowance was terminated pursuant to Section 24117. The member shall elect the same option and designate the same option beneficiary as designated under Section 24332 when making the election during the six-month period following the date the disability retirement allowance was terminated. (Added by renumbering Section 24304 by Stats. 2014, Ch. 755, Sec. 48. (SB 1220) Effective January 1, 2015.)
  186. 24340.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 28. Options [24300 - 24348] ( Chapter 28 added by Stats. 1993, Ch. 893, Sec. 2. )

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    Some members may switch certain preretirement options to Option 6 or 7 without the usual allowance reduction, if they do so within the stated time window. If they change the option, they must keep the same beneficiary, and the election is void if it is not received at least 30 days before the beneficiary’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 28. Options [24300 - 24348] ( Chapter 28 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24340. (a) A member who has a preretirement election of an option in effect on December 31, 1990, may change his or her preretirement election of Option 2, Option 3, Option 4, or Option 5 to either Option 6 or Option 7 without the allowance reduction prescribed in Sections 24309 and 24310, provided the change is made on or after January 1, 1991, and prior to the earlier of January 1, 1992, or the member’s retirement under this part. (b) If the member elects to change his or her option under this section, then the member shall retain the same option beneficiary as named in the prior preretirement election. The election to change the preretirement election under this section shall be void if not received in the system’s headquarters office at least 30 days prior to the death of the option beneficiary. (Added by renumbering Section 24311 by Stats. 2014, Ch. 755, Sec. 60. (SB 1220) Effective January 1, 2015.)
  187. 24341.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 28. Options [24300 - 24348] ( Chapter 28 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    Some retired members may switch certain retirement options during a limited 1994 election window if the same beneficiary is kept and other 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 28. Options [24300 - 24348] ( Chapter 28 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24341. (a) A member who retired for service under Option 2 or Option 3 with an effective date prior to January 1, 1991, may elect to change Option 2 to Option 6 or Option 3 to Option 7 under all of the following conditions: (1) The election is made during the six-month period commencing July 1, 1994, and ending December 31, 1994. (2) The same beneficiary under Option 2 or Option 3 is named as beneficiary under Option 6 or Option 7. (3) The change in options is consistent with Sections 22453 and 24322. (4) The option beneficiary is not afflicted with any known terminal illness and the retired member shall state under penalty of perjury that to the best of his or her knowledge the option beneficiary is not afflicted with any known terminal illness. (5) The option beneficiary has not predeceased the retired member as of the effective date of the change in options. (b) The change in options shall be effective on the date the election is signed, provided that the election is received at the system’s headquarters office within 30 days after the date of the signature. (c) If an election to change options is made pursuant to this section, the modified allowance shall be reduced in a manner determined by the board to ensure that no additional liability shall be incurred by the plan pursuant to this section. (Added by renumbering Section 24306.5 by Stats. 2014, Ch. 755, Sec. 54. (SB 1220) Effective January 1, 2015.)
  188. 24342.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 28. Options [24300 - 24348] ( Chapter 28 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    Certain retired members may switch between specified retirement options if all listed conditions are met, but they cannot choose a joint and survivor option that would create additional liability for 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 28. Options [24300 - 24348] ( Chapter 28 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24342. (a) Any member who retired for service under Option 4 or Option 5 with an effective date prior to January 1, 1991, may elect to change Option 4 to Option 6 or Option 5 to Option 7 if all of the following conditions are met: (1) The election is made during the three-month period commencing January 1, 1999, and ending March 31, 1999. (2) The same beneficiary under Option 4 or Option 5 is named as beneficiary under Option 6 or Option 7. (3) The change in options is consistent with Sections 22453 and 24322. (4) The option beneficiary is not afflicted with any known terminal illness. (5) The option beneficiary has not predeceased the retired member as of the effective date of the change in option. (6) The election to change the option under this section is received at the system’s headquarters office at least 30 days prior to the death of the option beneficiary. (b) Failure to satisfy all of the conditions in subdivision (a) shall render the change of election invalid. (c) The change in options under this section shall be effective on the date the election is signed, provided all the conditions set forth in subdivision (a) are satisfied and the election is received at the system’s headquarters office within 30 days after the date of the signature. (d) The election of a new joint and survivor option under this section is subject to a further modification of the modified retirement allowance. In no event may a retired member elect a joint and survivor option that would result in any additional liability to the fund. (Added by renumbering Section 24306.7 by Stats. 2014, Ch. 755, Sec. 55. (SB 1220) Effective January 1, 2015.)
  189. 24343.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 28. Options [24300 - 24348] ( Chapter 28 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    Some retired members qualify to receive an unreduced retirement allowance, and a qualifying member may not elect a new option beneficiary.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 28. Options [24300 - 24348] ( Chapter 28 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24343. (a) Any member who retired for service under Option 2 or Option 3 with an effective date prior to January 1, 1991, whose option beneficiary had died prior to January 1, 1995, shall receive, effective January 1, 1999, the retirement allowance without modification for the option if all of the following conditions are met: (1) The retired member is living as of January 1, 1999. (2) The retired member has not elected a new option beneficiary under Section 24323. (3) The retirement allowance without modification for the option payable as of January 1, 1999, is greater than the amount payable under the option, plus the amounts from annual benefit improvements, ad hoc benefit increases, and payments from the Supplemental Benefit Maintenance Account. (4) The retired member does not inform the system in writing, on a form provided by the system, within 30 days of receipt of the notification of the change to the retirement allowance without modification for the option, of his or her election to continue to receive the option allowance. (b) Any member who retired for service under Option 4 or Option 5 with an effective date prior to January 1, 1991, whose option beneficiary had died prior to January 1, 1999, shall receive effective January 1, 1999, the retirement allowance without modification for the option if all the following conditions are met: (1) The retired member is living as of January 1, 1999. (2) The retired member has not elected a new option beneficiary under Section 24323. (3) The retirement allowance without modification for the option payable as of January 1, 1999, is greater than the amount payable under the option, plus the amount from annual benefit improvements, ad hoc benefit increases, and payments from the Supplemental Benefit Maintenance Account. (4) The retired member does not inform the system in writing, on a form provided by the system, within 30 days of receipt of the notification of the change to the retirement allowance without modification for the option, of his or her election to continue to receive the option allowance. (c) The change to the retirement allowance without modification for the option shall be consistent with Section 22453. (d) A member retired for service who receives the retirement allowance without modification for the option provided under this section shall not elect a new option beneficiary under Section 24323. (e) The cost of this section shall be paid by the transfer for that purpose of the one-time gain accrued to the State Teachers’ Retirement System from the difference between the contributions received pursuant to Sections 22901 and 22950 in the 1997–98 fiscal year minus the normal cost as displayed in the June 30, 1997, actuarial valuation. (Added by renumbering Section 24313 by Stats. 2014, Ch. 755, Sec. 63. (SB 1220) Effective January 1, 2015.)
  190. 24344.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 28. Options [24300 - 24348] ( Chapter 28 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    Some members may switch certain preretirement option elections to Option 8 during a limited window, and the election must be received 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 28. Options [24300 - 24348] ( Chapter 28 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24344. (a) A member who has a preretirement election of an option in effect on December 31, 1999, may change his or her preretirement election of Option 2, Option 3, Option 4, Option 5, Option 6, or Option 7 to Option 8 without the allowance reduction prescribed in Sections 24309 and 24310, provided the change is made on or after January 1, 2000, and prior to the earlier of July 1, 2000, or the member’s benefit effective date. (b) If the member elects to change his or her option under this section then the member shall retain the same option and the same option beneficiary as named in the prior preretirement election of an option as one of the options under Option 8. The election to change the preretirement election under this section shall be void if not received in the system’s headquarters office at least 30 days prior to the death of the option beneficiary. (c) This section shall become operative on January 1, 2000. (Added by renumbering Section 24312 by Stats. 2014, Ch. 755, Sec. 61. (SB 1220) Effective January 1, 2015.)
  191. 24345.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 28. Options [24300 - 24348] ( Chapter 28 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    A retired member who elected an option under Section 24300 may change options 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 28. Options [24300 - 24348] ( Chapter 28 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24345. (a) A member who retired and elected an option pursuant to Section 24300 may elect to change options, subject to all of the following: (1) A member who elected Option 2 may elect to change to the 100-percent beneficiary option described in paragraph (1) or the 75-percent beneficiary option described in paragraph (2) of subdivision (a) of Section 24300.1. (2) A member who elected Option 3, Option 4, or Option 5 may elect to change to the 75-percent beneficiary option described in paragraph (2) or the 50-percent beneficiary option described in paragraph (3) of subdivision (a) of Section 24300.1. (3) A member who elected Option 6 or Option 7 may elect to change to the 75-percent beneficiary option described in paragraph (2) of subdivision (a) of Section 24300.1. (4) A member who elected Option 8 may elect to have any designated percentage of his or her unmodified allowance changed in accordance with paragraph (1), (2), or (3). (5) The election by a member under this section is made on or after January 1, 2007, and prior to July 1, 2007. (6) The member designates the same beneficiary that was designated under the prior option elected by the member, if the option and beneficiary designation were effective on or before December 31, 2006. (7) The member and the option beneficiary are not afflicted with a known terminal illness and the member declares, under penalty of perjury under the laws of this state, that to the best of his or her knowledge, he or she and the option beneficiary are not afflicted with a known terminal illness. (8) The option beneficiary has not predeceased the member as of the effective date of the change in the option by the member. (b) The change in the option by the member shall be effective on the date the election is signed, provided that the election is on a properly executed form provided by the system and that election is received at the system’s headquarters office within 30 days after the date the election is signed. (c) After receipt of a member’s election document, the system shall mail an acknowledgment notice to the member that sets forth the new option elected by the member. (d) If the member and the option beneficiary are alive and not afflicted with a known terminal illness, a member may cancel the election to change options and elect to receive the benefit according to the preexisting option election. After cancellation, the member may elect to make a one-time change from the preexisting option to any other option provided by and subject to the restrictions of paragraph (1), (2), (3), or (4) of subdivision (a). The cancellation or the cancellation and one-time change shall be made on a properly executed form provided by the system and shall be received at the system’s headquarters office no later than 30 calendar days following the date of mailing of the acknowledgment notice. If the member elects to make the one-time change provided by this subdivision, the change shall be effective as of the member’s signature date on the initial election to change. (e) If the system is unable to mail an acknowledgment notice to the member on or before June 1, 2007, or prior to the end of the election period, provided that the member and the option beneficiary are alive and not afflicted with a known terminal illness, the system shall allow a member to cancel the election to change options and elect to receive the benefit according to the preexisting option election. After cancellation, the member may elect to make a one-time change from the preexisting option to any other option provided by and subject to the restrictions of paragraph (1), (2), (3), or (4) of subdivision (a). The cancellation or the cancellation and one-time change may be made after the end of the election period if it is made on a properly executed form provided by the system and is received at the system’s headquarters office no later than 30 days following the date of the acknowledgment notice. If the member elects to make the one-time change provided by this subdivision, the change shall be effective as of the member’s signature date on the initial election to change. (f) If the member elects to change his or her option as described in subdivision (a), the retirement allowance of the member shall be modified in a manner determined by the board to prevent any additional liability to the plan. (g) The member shall not change options in derogation of a spouse’s or former spouse’s community property rights as specified in a court order. (Added by renumbering Section 24300.2 by Stats. 2014, Ch. 755, Sec. 42. (SB 1220) Effective January 1, 2015.)
  192. 24346.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 28. Options [24300 - 24348] ( Chapter 28 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    A qualifying member may change certain retirement option elections during the stated 2007 window, without allowance reduction, but may not change the designated beneficiary or the unmodified-benefit portion affected by the prior option.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 28. Options [24300 - 24348] ( Chapter 28 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24346. (a) A member who has a preretirement election of an option in effect on December 31, 2006, pursuant to paragraphs (1) to (6), inclusive, of subdivision (a) of Section 24300 may change his or her preretirement election to an option described in paragraph (1), (2), or (3) of subdivision (a) of Section 24300.1 without the allowance reduction described in Sections 24309 and 24310, provided the change is made on or after January 1, 2007, and prior to July 1, 2007. (b) A member who has a preretirement election of Option 8 as described in Section 24300 in effect on December 31, 2006, and in that Option 8 election has an option pursuant to paragraphs (1) to (6), inclusive, of subdivision (a) of Section 24300, may change any of the options under paragraphs (1) to (6), inclusive, of subdivision (a) of Section 24300 to an option described in paragraph (1), (2), or (3) of subdivision (a) of Section 24300.1 without the allowance reduction described in Sections 24309 and 24310, if change is made on or after January 1, 2007, and prior to July 1, 2007. A member may not change the portion of the unmodified benefit that would be modified pursuant to that prior option. (c) The election to change the option by a member as described in this section shall be subject to all of the following: (1) The member may not change the option beneficiary that was designated in the prior preretirement option election. (2) The change in options under this section shall be effective on the date the election is signed, provided that the election is on a properly executed form provided by the system and received at the system’s headquarters office within 30 days of the date of the signature. (d) If the member elects to change options as described in this section, the age of the member and the option beneficiary on the effective date of the prior preretirement option election shall be the age used to calculate the member’s benefit at the time of retirement. (Added by renumbering Section 24312.1 by Stats. 2014, Ch. 755, Sec. 62. (SB 1220) Effective January 1, 2015.)
  193. 24347.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 28. Options [24300 - 24348] ( Chapter 28 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    Certain retired members who chose an option and named a same-sex spouse or former spouse as beneficiary may change that option if the stated age, beneficiary, and timing 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 28. Options [24300 - 24348] ( Chapter 28 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24347. (a) A member who retired and elected an option pursuant to this chapter and designated his or her same-sex spouse or same-sex former spouse as option beneficiary may elect to change his or her option subject to the following: (1) A member who elected the 100 percent beneficiary option or the 50 percent beneficiary option may elect to change his or her option to the 75 percent beneficiary option described in paragraph (2) of subdivision (a) of Section 24300.1, provided the member’s same-sex spouse or same-sex former spouse is more than exactly 19 years younger than the member. (2) (A) A member who elected the compound option may elect to change the option designated for his or her same-sex spouse or same-sex former spouse within the compound option to the 100 percent beneficiary option described in paragraph (1) of subdivision (a) of Section 24300.1, provided the member’s same-sex spouse or same-sex former spouse is more than exactly 10 years younger than the member, or the 75 percent beneficiary option described in paragraph (2) of subdivision (a) of Section 24300.1, provided the member’s same-sex spouse or same-sex former spouse is more than exactly 19 years younger than the member. (B) If a member elects to change the option designated for his or her same-sex spouse or same-sex former spouse within the compound option, the member may also elect to change the option designated to any other option beneficiary or beneficiaries within the compound option to the 100 percent beneficiary option, the 75 percent beneficiary option, or the 50 percent beneficiary option described in paragraph (1), (2), or (3) of subdivision (a) of Section 24300.1. (C) If a member elects to change the option designated for his or her same-sex spouse or same-sex former spouse within the compound option, the member may also elect to change the percentage of his or her unmodified allowance designated to the option beneficiary or beneficiaries. The percent of the allowance that is not modified by an option, if any, shall be payable to the member. The sum of all percentages specified for the option beneficiary or beneficiaries and the member’s remaining unmodified allowance, if any, shall equal 100 percent. (D) Any change made pursuant to this paragraph shall be subject to the requirements and restrictions of the compound option described in paragraph (4) of subdivision (a) of Section 24300.1 and shall not be construed to allow a member to cancel his or her compound option. (3) The option change made by the member pursuant to this section is made on or after July 1, 2015, and on or before December 31, 2015. (4) The member married a same-sex spouse, the marriage is or was recognized by the United States government, any state government, or any foreign government, and his or her same-sex spouse or same-sex former spouse was designated as his or her option beneficiary prior to July 1, 2015. (5) The same-sex spouse or same-sex former spouse is a current option beneficiary, and the member designates the same option beneficiary or beneficiaries that were designated for the prior option elected by the member. (6) The option beneficiary or beneficiaries have not predeceased the member as of the effective date of the option change made by the member pursuant to this section. (b) The option change made by a member pursuant to subdivision (a) shall be deemed effective as of the effective date of the prior option elections or June 26, 2013, whichever is later. (c) The option change made by the member pursuant to subdivision (a) shall be on a properly executed form provided by the system subject to the following requirements: (1) The form is signed and dated by the member and the member’s spouse, if applicable, on or after July 1, 2015, and on or before December 31, 2015. (2) The date the form is received at the system’s headquarters office is within 30 calendar days after the date of the member’s signature and within 30 calendar days after the date of the spouse’s signature, if applicable. (d) After receipt of the member’s election, the system shall mail an acknowledgment notice to the member that set forth the new option elected by the member. (e) A member may cancel an option change made pursuant to subdivision (a) and elect to receive his or her benefit according to his or her prior option election provided the requirements of paragraphs (5) and (6) of subdivision (a) are still met. The cancellation shall become effective as of the date of the initial option change pursuant to subdivision (b) subject to the following requirements: (1) The cancellation is made on a properly executed form provided by the system. (2) The form includes the signatures of the member and his or her spouse, if applicable, and the signatures are dated. (3) The form is received at the system’s headquarters office within 30 calendar days after the date of the acknowledgment notice described in subdivision (d), regardless of whether the form is received after December 31, 2015. (f) A member may cancel an initial option change made pursuant to subdivision (a) and elect to make one subsequent change from his or her option election to any other option provided by and subject to the restrictions of subdivision (a). The subsequent change shall become effective as of the date of the initial option change pursuant to subdivision (b) and subject to the following requirements: (1) The cancellation and subsequent change are made on a properly executed form provided by the system. (2) The form includes the signatures of the member and his or her spouse, if applicable, and the signatures are dated. (3) The form is received at the system’s headquarters office within 30 calendar days after the date of the acknowledgment notice described in subdivision (d), regardless of whether the form is received after December 31, 2015. (g) If a member elects to change his or her option as described in subdivision (a) or (f), the retirement allowance of the member shall be modified in a manner determined by the board to prevent any additional liability to the plan. (h) A member shall not change options in derogation of a spouse’s or former spouse’s community property rights as specified in a court order. (Added by Stats. 2014, Ch. 755, Sec. 64. (SB 1220) Effective January 1, 2015.)
  194. 24348.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 28. Options [24300 - 24348] ( Chapter 28 added by Stats. 1993, Ch. 893, Sec. 2. )

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    This section lets certain members change a preretirement option linked to a same-sex spouse or same-sex former spouse, if the listed conditions and deadlines 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 28. Options [24300 - 24348] ( Chapter 28 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24348. (a) A member who has a preretirement option pursuant to Section 24307 in effect on July 1, 2015, and designated his or her same-sex spouse or same-sex former spouse as option beneficiary may elect to change his or her option subject to the following: (1) A member who elected the 100 percent beneficiary option or the 50 percent beneficiary option may elect to change his or her option to the 75 percent beneficiary option described in paragraph (2) of subdivision (a) of Section 24300.1 provided the member’s same-sex spouse or same-sex former spouse is more than exactly 19 years younger than the member. (2) (A) A member who elected the compound option may elect to change the option designated for his or her same-sex spouse or same-sex former spouse within the compound option to the 100 percent beneficiary option described in paragraph (1) of subdivision (a) of Section 24300.1 provided the member’s same-sex spouse or same-sex former spouse is more than exactly 10 years younger than the member, or the 75 percent beneficiary option described in paragraph (2) of subdivision (a) of Section 24300.1 provided the member’s same-sex spouse or same-sex former spouse is more than exactly 19 years younger than the member. (B) If a member elects to change the option designated for his or her same-sex spouse or same-sex former spouse within the compound option, the member may also elect to change the option designated to any other option beneficiary or beneficiaries within the compound option to the 100 percent beneficiary option, the 75 percent beneficiary option, or the 50 percent beneficiary option described in paragraph (1), (2), or (3) of subdivision (a) of Section 24300.1. (C) If a member elects to change the option designated for his or her same-sex spouse or same-sex former spouse within the compound option, the member may also elect to change the percentage of his or her unmodified allowance designated to the option beneficiary or beneficiaries. The percent of the allowance that is not modified by an option, if any, shall be payable to the member. The sum of all percentages specified for the option beneficiary or beneficiaries and the member’s remaining unmodified allowance, if any, shall equal 100 percent. (D) Any change made pursuant to this paragraph shall be subject to the requirements and restrictions of the compound option described in paragraph (4) of subdivision (a) of Section 24300.1 and shall not be construed to allow a member to cancel his or her compound option. (3) The option change made by the member pursuant to this section is made on or after July 1, 2015, and on or before December 31, 2015. (4) The member married a same-sex spouse, the marriage is or was recognized by the United States government, any state government, or any foreign government, and his or her same-sex spouse or same-sex former spouse was designated as his or her option beneficiary prior to July 1, 2015. (5) The same-sex spouse or same-sex former spouse is a current option beneficiary, and the member designates the same option beneficiary or beneficiaries that were designated for the prior option elected by the member. (6) The option beneficiary or beneficiaries have not predeceased the member as of the effective date of the option change made by the member pursuant to this section. (b) The option change made by a member pursuant to subdivision (a) shall be deemed effective as of the effective date of the prior election or June 26, 2013, whichever is later. (c) The option change made by the member pursuant to subdivision (a) shall be on a properly executed form provided by the system subject to the following requirements: (1) The form is signed and dated by the member and the member’s spouse, if applicable, on or after July 1, 2015, and on or before December 31, 2015. (2) The date the form is received at the system’s headquarters office is within 30 calendar days after the date of the member’s signature and within 30 calendar days after the date of the spouse’s signature, if applicable. (d) A preretirement option change made pursuant to this section will not result in the allowance reduction described in Sections 24309 and 24310. (e) If a member elects to change options pursuant to this section, the age of the member and the option beneficiary or beneficiaries on the effective date of the prior preretirement option election shall be the age used to calculate the member’s benefit at the time of retirement. (Added by Stats. 2014, Ch. 755, Sec. 65. (SB 1220) Effective January 1, 2015.)
  195. 244.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 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 7. Instructional Materials [240 - 244] ( Heading of Article 7 renumbered from Article 4 by Stats. 1998, Ch. 914, Sec. 28. )

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    School governing boards may not approve materials that would subject pupils to unlawful discrimination, and they must investigate, remediate, and notify people annually about these 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 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 7. Instructional Materials [240 - 244] ( Heading of Article 7 renumbered from Article 4 by Stats. 1998, Ch. 914, Sec. 28. ) ## 244. (a) (1) The governing board of a school district, a county board of education, or the governing body of a charter school shall not adopt or approve the use of any textbook, instructional material, supplemental instructional material, professional development materials, or curriculum for classroom instruction if the use of the textbook, instructional material, supplemental instructional material, or curriculum would subject a pupil to unlawful discrimination pursuant to Section 220. (2) If the governing board of a school district, a county board of education, or the governing body of a charter school knows or has reason to know that materials were used in a classroom or an action occurred that violated Section 220, the governing board of the school district, the county board of education, or the governing body of the charter school shall investigate and remediate the action, which may include, but is not limited to, the implementation of restorative justice practices. (b) (1) The governing board of a school district, a county board of education, or the governing body of a charter school shall not adopt or approve the use of any professional development materials or services if the professional development materials or services promote, endorse, or otherwise support actions or the use of any textbook, instructional material, supplemental instructional material, or curriculum which would subject a pupil to unlawful discrimination pursuant to Section 220. (2) If the governing board of a school district, a county board of education, or the governing body of a charter school knows or has reason to know that professional development materials or services were used or an action occurred that violated Section 220, the governing board of the school district, the county board of education, or the governing body of the charter school shall investigate and remediate the action, which may include, but is not limited to, the implementation of restorative justice practices. (c) Notwithstanding any other law, a complaint pursuant to this section may be filed with the applicable school district, county office of education, or charter school under the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations, or may be filed with the Superintendent directly. A complaint filed pursuant to this subdivision shall identify the basis for filing the complaint directly with the Superintendent. The complainant shall present the Superintendent with evidence that supports the basis for the direct filing and why immediate action is necessary. In responding to such a complaint, the Superintendent may directly intervene without waiting for an investigation by the school district, county office of education, or charter school. (d) A complaint may be filed by any member of the public, including anyone electing to file anonymously, if the complaint provides evidence or information leading to evidence to support an allegation of noncompliance with subdivision (a). (e) Information regarding the requirements of this section shall be included in the annual notification distributed to pupils, parents and guardians, employees, and other interested parties pursuant to Section 4622 of Title 5 of the California Code of Regulations or any successor regulation. (Amended by Stats. 2025, Ch. 428, Sec. 2. (AB 715) Effective January 1, 2026.)
  196. 24400.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 29. Benefit Maintenance [24400 - 24417] ( Chapter 29 added by Stats. 1993, Ch. 893, Sec. 2. )

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    The Legislature states that inflation reduces the purchasing power of benefits paid 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 29. Benefit Maintenance [24400 - 24417] ( Chapter 29 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24400. The Legislature recognizes that inflation erodes the purchasing power of benefits paid under the plan under this part. It is the intent of the Legislature to understand the degree of erosion of these benefits. (Amended by Stats. 2012, Ch. 728, Sec. 31. (SB 71) Effective January 1, 2013.)
  197. 24401.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 29. Benefit Maintenance [24400 - 24417] ( Chapter 29 added by Stats. 1993, Ch. 893, Sec. 2. )

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    This chapter does not give retired members, their successors, or beneficiaries a claim for an increase in allowances paid or payable before July 1, 1972.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 29. Benefit Maintenance [24400 - 24417] ( Chapter 29 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24401. This chapter does not give any retired member, or a retired member’s successors in interest or beneficiary, any claim against the board, system, or plan for any increase in any allowance paid or payable prior to July 1, 1972. (Amended by Stats. 1996, Ch. 634, Sec. 246. Effective January 1, 1997.)
  198. 24402.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 29. Benefit Maintenance [24400 - 24417] ( Chapter 29 added by Stats. 1993, Ch. 893, Sec. 2. )

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    Certain retirement and survivor allowances must be increased by the benefit improvement factor, but the factor must not be applied to a specified annuity type.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 29. Benefit Maintenance [24400 - 24417] ( Chapter 29 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24402. (a) Service retirement allowances, disability allowances, disability retirement allowances, family allowances, and survivor benefit allowances payable pursuant to this part shall be increased by application of the benefit improvement factor. (b) Allowances payable to beneficiaries on account of options elected under Section 24300, 24300.1, 24307, or 24332 shall be increased by application of the improvement factor. This factor shall be applicable on the same date when it would have been applied to the allowance of the deceased person. (c) The benefit improvement factor shall not be applied to an annuity that is the actuarial equivalent of the accumulated annuity deposit contributions standing to the credit of the member’s account on the effective date of a service or disability retirement. (Amended by Stats. 2014, Ch. 755, Sec. 66. (SB 1220) Effective January 1, 2015.)
  199. 24403.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 29. Benefit Maintenance [24400 - 24417] ( Chapter 29 added by Stats. 1993, Ch. 893, Sec. 2. )

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    Certain pre-July 1, 1972 allowances must be increased by the benefit improvement factor starting September 1, 1973, and then every year after that, with stated annuity 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 29. Benefit Maintenance [24400 - 24417] ( Chapter 29 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24403. The allowances that commenced to accrue prior to July 1, 1972, and payable on August 1, 1972, exclusive of annuities from the Annuity Deposit Fund and tax-sheltered annuities payable under former Sections 14193, 14280 and 14284, as those sections read on June 30, 1972, shall be increased by application of the benefit improvement factor on September 1, 1973, and annually thereafter. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.)
  200. 24404.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 29. Benefit Maintenance [24400 - 24417] ( Chapter 29 added by Stats. 1993, Ch. 893, Sec. 2. )

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    Certain survivor benefits are increased to specified monthly amounts, and those benefits are then subject to later annual 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 29. Benefit Maintenance [24400 - 24417] ( Chapter 29 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24404. (a) Effective July 1, 1973, the benefits of persons eligible for survivor benefits pursuant to former Section 14186 as it read on June 30, 1972, shall be increased as follows: (1) Those eligible for ninety dollars ($90) per month shall be increased to one hundred five dollars ($105) per month. (2) Those eligible for one hundred eighty dollars ($180) per month shall be increased to two hundred ten dollars ($210) per month. (3) Those eligible for two hundred fifty dollars ($250) per month shall be increased to two hundred ninety-five dollars ($295) per month. (b) These benefits shall be subject to the provisions of Sections 22140 and 24403 with the first annual improvement to occur on September 1, 1974, and annually thereafter. (Amended by Stats. 2001, Ch. 803, Sec. 23. Effective January 1, 2002.)

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