Education Code — Part 16 | EDC — United States — California law | Esheria

Education Code

Part 16 of 57 · provisions 3,001–3,200

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

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Provisions of Education Code

Showing 200 of 11,236

  1. 24405.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 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 STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2.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 section increases the first $300 of monthly allowances for retired members, disabled members, and beneficiaries, if the member had at least 20 years 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 STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2.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 29. Benefit Maintenance [24400 - 24417] ( Chapter 29 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24405. The first three hundred dollars ($300) of the monthly allowances payable to retired members, disabled members, and beneficiaries are increased as of July 1, 1976, as follows if the member had 20 or more years of credited service: (a) For those with effective dates prior to July 1, 1972, 9 percent. (b) For those with effective dates from July 1, 1972, to June 30, 1973, 6 percent. (c) For those with effective dates from July 1, 1973, to June 30, 1974, 3 percent. (Amended by Stats. 1996, Ch. 634, Sec. 247. Effective January 1, 1997.)
  2. 24406.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 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 monthly allowances are increased for eligible retired members, disabled members, and beneficiaries.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 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. ) ## 24406. The first three hundred dollars ($300) of the monthly allowances payable to retired members, disabled members, and beneficiaries are increased as of July 1, 1978, for those members receiving allowances on July 1, 1978, if the member had less than 20 years of credited service, as follows: (a) For those with effective dates prior to July 1, 1972, 9 percent. (b) For those with effective dates from July 1, 1972, to June 30, 1973, 6 percent. (c) For those with effective dates from July 1, 1973, to June 30, 1974, 3 percent. (Amended by Stats. 1996, Ch. 634, Sec. 248. Effective January 1, 1997.)
  3. 24407.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 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 section increases certain retirement allowances using a percentage schedule tied to the year of retirement or 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 29. Benefit Maintenance [24400 - 24417] ( Chapter 29 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24407. (a) The monthly allowances payable to retired members, disabled members, and beneficiaries are increased as of January 1, 1980, for those persons receiving allowances with respect to members who retired or died prior to June 30, 1973, to the amount that results when the initial allowance that was received by those members is multiplied by the percentage set forth opposite the year of retirement or death in the following schedule: Period During Which Retirement or Death Occurred Percentage On or before June 30, 1958 ........................ 180.4 12 months ending June 30, 1959 ........................ 175.8 12 months ending June 30, 1960 ........................ 172.2 12 months ending June 30, 1961 ........................ 169.8 12 months ending June 30, 1962 ........................ 167.8 12 months ending June 30, 1963 ........................ 165.5 12 months ending June 30, 1964 ........................ 163.0 12 months ending June 30, 1965 ........................ 159.8 12 months ending June 30, 1966 ........................ 156.7 12 months ending June 30, 1967 ........................ 153.1 12 months ending June 30, 1968 ........................ 147.5 12 months ending June 30, 1969 ........................ 141.6 12 months ending June 30, 1970 ........................ 134.5 12 months ending June 30, 1971 ........................ 128.7 12 months ending June 30, 1972 ........................ 124.5 12 months ending June 30, 1973 ........................ 119.6 (b) For those retired members, disabled members, and beneficiaries receiving an allowance with an effective date prior to July 1, 1965, the initial allowance, for purposes of this section, shall be deemed to be the allowance payable on July 1, 1965. However, for purposes of determining the allowance payable under this section, the percentage corresponding to the actual year of retirement shall be applied. (Amended by Stats. 1996, Ch. 634, Sec. 249. Effective January 1, 1997.)
  4. 24408.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 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 section sets a minimum retirement allowance for certain people retired before January 1, 1981, and lets the board make lump-sum payments for increases in a specified period.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 29. Benefit Maintenance [24400 - 24417] ( Chapter 29 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24408. (a) The minimum unmodified allowance, exclusive of annuities from accumulated annuity deposit and tax-sheltered contributions, of a person retired prior to January 1, 1981, shall be an amount equal to at least sixteen dollars ($16) per month multiplied by the years of credited service. This guaranteed amount shall be increased as of October 1, 1980, and shall be reduced by the amount of an unmodified allowance payable from a local system based on service credited under this part. If the retirement was effective at less than age 60 years, this allowance shall be reduced by one-half of 1 percent for each full month or fraction of a month that would have elapsed until the retired member would have reached age 60 years. If the retired member elected to have the allowance modified under Option 2 or 3, the increase in the retired member’s allowance shall be modified under the option selected. (b) The board may make lump sum payments for increases between October 1, 1980, and January 1, 1981. (Amended by Stats. 1996, Ch. 634, Sec. 250. Effective January 1, 1997.)
  5. 24409.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 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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    Some retirees and beneficiaries are entitled to a minimum monthly allowance of at least $18 per month per year of credited service, with specified reductions in some 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 29. Benefit Maintenance [24400 - 24417] ( Chapter 29 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24409. The minimum unmodified allowance, exclusive of annuities from accumulated annuity deposit and tax-sheltered contributions, of (a) a person who retired on or before December 31, 1981, (b) the option beneficiary of a person who retired on or before December 31, 1981, or (c) a person receiving a monthly allowance in lieu of the death benefit payable on account of the death of a member whose death occurred prior to July 1, 1972, shall be an amount equal to at least eighteen dollars ($18) per month multiplied by the years of credited service. This guaranteed amount is increased as of September 1, 1981, and is applicable to allowances paid on and after September 1, 1981. If the retirement was effective at less than age 60 years, this allowance shall be reduced by one-quarter of 1 percent for each full month or fraction of a month that would have elapsed until the retired member reached age 55 years, and the allowance shall be reduced by one-half of 1 percent for each full month or fraction of a month between age 55 and age 60 years. If the retired member elected to have his or her allowance modified under Option 2 or 3, the increase in the retired member’s allowance shall be modified under the option selected. (Amended by Stats. 1996, Ch. 634, Sec. 251. Effective January 1, 1997.)
  6. 24410.

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

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    This section sets how to determine the base date and base allowance for postretirement and supplemental benefits when a disability allowance ends or continues under specified retirement 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 29. Benefit Maintenance [24400 - 24417] ( Chapter 29 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24410. (a) If projected final compensation is used to calculate the service retirement allowance following the termination of the disability allowance or if the disability allowance is continued as the lesser of the two allowance calculations under Section 24212 or 24213, then the original disability allowance effective date shall be retained as the base date for purposes of determining postretirement benefit increases. (b) If the disability allowance effective date is used pursuant to subdivision (a), then for purposes of determining supplemental benefits pursuant to Sections 24412 and 24415, the base allowance shall be determined as follows: (1) If the disability allowance is continued pursuant to Section 24212 or 24213, the base allowance shall be equal to the disability allowance prior to all allowance increases made pursuant to this part. (2) If the disability allowance is not continued pursuant to Section 24212 or 24213, the base allowance shall be based on the factors used to calculate the service retirement allowance, except that projected final compensation shall be replaced with the final compensation upon which the disability allowance was based. (3) The base allowance determined pursuant to this subdivision shall be modified for an option, if applicable. (c) This section shall be applicable for determining the base date for applicable postretirement increases made on or after January 1, 1982. (d) This section shall only apply to service retirements effective the day after the termination date of the disability allowance. (Amended by Stats. 2016, Ch. 218, Sec. 36. (SB 1352) Effective January 1, 2017.)
  7. 24410.5.

    ## 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 29. Benefit Maintenance [24400 - 24417] ( Chapter 29 added by Stats. 1993, Ch. 893, Sec. 2. )

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    This section sets minimum annual allowance amounts for certain retired members, option beneficiaries, and surviving spouses, with reductions in specified cases.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 29. Benefit Maintenance [24400 - 24417] ( Chapter 29 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24410.5. (a) Notwithstanding any provision of this part, including, but not limited to, subdivision (e) of Section 22664, the annual allowance payable on the effective date of this section to a retired member, an option beneficiary, or a surviving spouse receiving an allowance pursuant to either Section 23805 or 23855 shall not be less than the amount identified in the following schedule for the number of years of the member’s credited service under the Defined Benefit Program at the time of the member’s retirement, disability, or death, excluding service credited pursuant to Sections 22714, 22715, 22717, and 22826, after the application of all allowances and allowance increases authorized by this part, including those specified in Sections 24412 and 24415, as those sections read on December 31, 1999, and excluding annuities payable from the accumulated annuity deposit contributions or the accumulated tax-sheltered annuity contributions: 20 years of credited service ........................ $15,000 21 years of credited service ........................ $15,500 22 years of credited service ........................ $16,000 23 years of credited service ........................ $16,500 24 years of credited service ........................ $17,000 25 years of credited service ........................ $17,500 26 years of credited service ........................ $18,000 27 years of credited service ........................ $18,500 28 years of credited service ........................ $19,000 29 years of credited service ........................ $19,500 30 years or more of credited service ........................ $20,000 (b) Notwithstanding subdivision (a), the amount identified in the schedule in subdivision (a) shall be reduced: (1) By 50 percent for a beneficiary receiving an allowance under Option 3 or Option 7. (2) By one-third for an option beneficiary receiving an allowance under Option 4 after the death of the member or for a member receiving an allowance under Option 4 after the death of the option beneficiary. (3) By 50 percent for an option beneficiary receiving an allowance under Option 5 after the death of the member or for a member receiving an allowance under Option 5 after the death of the option beneficiary. (4) By a percentage equal to 100 percent minus the percentage of the member’s modified allowance received by the option beneficiary for each option beneficiary receiving an allowance under Option 8. (5) By 60 percent for a surviving spouse receiving an allowance pursuant to subdivision (a) of Section 23805. (6) By 50 percent for a surviving spouse receiving an allowance pursuant to subdivision (c) of Section 23805 or Section 23855. (c) A member to whom a disability allowance is payable on January 1, 2000, who subsequently receives a service retirement allowance pursuant to Section 24213 shall, upon the retirement for service, receive an increase in the service retirement allowance pursuant to this section. (d) A member, beneficiary, or surviving spouse may receive an allowance pursuant to this section only if the member was an active member at the time of the member’s retirement, or death and, for those members who retired for service, the member retired on or after age 55, unless the member’s allowance was not subject to a reduction due to retirement prior to an age specified in this part. (e) A retired member, option beneficiary, or surviving spouse subject to this section shall receive the annual minimum allowance pursuant to this section unless the system receives in writing, on a form prescribed by the system, notification from the member, option beneficiary, or surviving spouse before May 1, 2000, of his or her election not to receive the increase provided under this section. (f) Benefits payable under this section shall be initially paid by the system on July 1, 2000. (Amended by Stats. 2000, Ch. 1026, Sec. 2. Effective January 1, 2001.)
  8. 24410.6.

    ## 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 29. Benefit Maintenance [24400 - 24417] ( Chapter 29 added by Stats. 1993, Ch. 893, Sec. 2. )

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    This section sets a minimum annual allowance for certain retirees, option beneficiaries, and surviving spouses, based on credited service, with specified reductions and an opt-out by written notice.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 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. ) ## 24410.6. (a) Notwithstanding any provision of this part, including, but not limited to, subdivision (e) of Section 22664, and except as provided in subdivisions (b) and (c), the annual allowance payable on the effective date of this section to a retired member, an option beneficiary, or a surviving spouse receiving an allowance pursuant to either Section 23805 or 23855 shall not be less than the amount identified in the following schedule for the number of years of the member’s credited service under the Defined Benefit Program at the time of the member’s retirement, disability, or death, excluding service credited pursuant to Sections 22714, 22715, 22717, and 22826, after the application of all allowances and allowance increases authorized by this part, including those specified in Sections 24412 and 24415, as those sections read on December 31, 2000, and excluding increases authorized by Section 24410.7 and annuities payable from the accumulated annuity deposit contributions or the accumulated tax-sheltered annuity contributions: 20 years of credited service ........................ $15,000 21 years of credited service ........................ $15,500 22 years of credited service ........................ $16,000 23 years of credited service ........................ $16,500 24 years of credited service ........................ $17,000 25 years of credited service ........................ $17,500 26 years of credited service ........................ $18,000 27 years of credited service ........................ $18,500 28 years of credited service ........................ $19,000 29 years of credited service ........................ $19,500 30 years or more of credited service ........................ $20,000 (b) Notwithstanding subdivision (a), the amount identified in the schedule in subdivision (a) shall be reduced: (1) By 50 percent for a beneficiary receiving an allowance under Option 3 or Option 7. (2) By one-third for an option beneficiary receiving an allowance under Option 4 after the death of the member or for a member receiving an allowance under Option 4 after the death of the option beneficiary. (3) By 50 percent for an option beneficiary receiving an allowance under Option 5 after the death of the member or for a member receiving an allowance under Option 5 after the death of the option beneficiary. (4) By a percentage equal to 100 percent minus the percentage of the member’s modified allowance received by the option beneficiary for each option beneficiary receiving an allowance under Option 8. (5) By 60 percent for a surviving spouse receiving an allowance pursuant to subdivision (a) of Section 23805. (6) By 50 percent for a surviving spouse receiving an allowance pursuant to subdivision (c) of Section 23805 or Section 23855. (c) A benefit shall be paid pursuant to this section if both of the following apply: (1) The retired member, the option beneficiary, or the surviving spouse had an allowance payable on January 1, 2000, and was not eligible to receive a benefit pursuant to Section 24410.5. (2) The retired member or the member whose service was the basis of the allowance payable to the option beneficiary or surviving spouse was one of the following: (A) A member who retired prior to the age of 55 years, provided the minimum allowance specified in subdivision (a) shall be reduced to an amount equal to that minimum allowance multiplied by the ratio of the percentage of final compensation per year of credited service on which the member’s initial allowance was based to 1.4. (B) A member who was paid a retirement allowance pursuant to Section 24211, 24212, or 24213, if the member’s credited service, excluding service credited pursuant to Sections 22714, 22715, 22717, and 22826, was less than 20 years but whose projected service to normal retirement age, excluding service credited pursuant to Sections 22714, 22715, 22717, and 22826, was equal to or greater than 20 years, provided that the minimum allowance payable shall be based on 20 years of credited service. (C) A member who retired as an inactive member. (D) A member who retired prior to March 21, 1974, with 19.5 years or more of credited service, provided that the minimum allowance payable shall be based on 20 years of credited service. (E) A member who retired on or after March 21, 1974, and prior to January 1, 2000, and whose credited service, excluding service credited pursuant to Sections 22714, 22715, 22717, and 22826, was less than 20 years, but whose credited service, excluding service credited pursuant to Sections 22714, 22715, and 22826, but including service credited pursuant to Section 22717, was equal to or greater than 20 years, provided that the minimum allowance payable shall be based on 20 years of credited service. (F) A member whose credited service, excluding service credited pursuant to Sections 22714, 22715, and 22826, but including credited service that a court has ordered be awarded to the member’s nonmember spouse pursuant to Section 22652, equaled at least 20 years, provided that the amount payable to the member pursuant to this section shall be based on the amount of service credited to the member, excluding service credited pursuant to Sections 22714, 22715, 22717, and 22826, and the amount awarded to the nonmember spouse, and further provided that the minimum allowance specified in subdivision (a) shall be reduced to an amount equal to that minimum allowance multiplied by the ratio of (i) the amount of service credited to the member, excluding service credited pursuant to Sections 22714, 22715, 22717, and 22826, to (ii) the sum of the amount of service credited to the member, excluding service credited pursuant to Sections 22714, 22715, 22717, and 22826, and the amount awarded to the nonmember spouse. (d) A benefit shall be paid pursuant to this section to a retired member receiving a benefit pursuant to Section 24410.5 if (1) the member meets the criteria of subparagraph (F) of paragraph (2) of subdivision (c), and (2) the allowance payable under that subparagraph, after the application of all allowances and allowance increases authorized by this part, including those specified in Sections 24412 and 24415, is greater than the allowance payable under Section 24410.5, after the application of all allowances and allowance increases authorized by this part, including those specified in Sections 24412 and 24415. (e) A retired member, option beneficiary, or surviving spouse subject to this section shall receive the annual minimum allowance pursuant to this section unless the system receives in writing, on a form prescribed by the system, notification from the member, option beneficiary, or surviving spouse of his or her election not to receive the increase provided under this section. (f) Benefits payable under this section shall be initially paid by the system on or before September 1, 2001. (g) The amendments to this section made by the act adding this subdivision does not constitute a change in, but is declaratory of, the existing law. (Amended by Stats. 2006, Ch. 654, Sec. 9. Effective January 1, 2007.)
  9. 24410.7.

    ## 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 29. Benefit Maintenance [24400 - 24417] ( Chapter 29 added by Stats. 1993, Ch. 893, Sec. 2. )

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    This section requires the system to increase certain monthly allowances by a percentage based on when retirement, disability, or death occurred, and to make the benefits initially payable by July 1, 2001.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 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. ) ## 24410.7. (a) The monthly allowance payable on the effective date of this section, excluding annuities payable from accumulated annuity deposit contributions and tax-sheltered annuity contributions and benefits payable pursuant to Sections 24410.5 and 24410.6, to retired members and nonmember spouses, disabled members, and beneficiaries, including option beneficiaries, shall be increased by the percentage set forth opposite the applicable period during which retirement, disability, or death occurred set forth in the following schedule: Period during which retirement, disability, or death occurred: Percentage: 36 months ending Dec. 31, 2000 0.0% 12 months ending Dec. 31, 1997 1.0% 24 months ending Dec. 31, 1996 2.0% 60 months ending Dec. 31, 1994 3.0% 60 months ending Dec. 31, 1989 4.0% 120 months ending Dec. 31, 1984 5.0% Dec. 31, 1974 or earlier 6.0% (b) The increase provided pursuant to this section is in addition to any payments received by a retired member or nonmember spouse, disabled member, or beneficiary, including an option beneficiary, under Section 24415. (c) If the monthly allowance payable is adjusted after the effective date of this section, the percentage increase applied on the effective date of this section shall be applied to the adjusted monthly allowance payable. (d) Benefits payable under this section shall be initially payable by the system on or before July 1, 2001. (Amended by Stats. 2007, Ch. 323, Sec. 15. Effective January 1, 2008.)
  10. 24410.8.

    ## 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 29. Benefit Maintenance [24400 - 24417] ( Chapter 29 added by Stats. 1993, Ch. 893, Sec. 2. )

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    This section increases certain quarterly supplemental retirement payments, sets a percentage schedule based on when the retirement, disability, or death occurred, and adds 2% each year starting July 1, 2024 without compounding.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 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. ) ## 24410.8. (a) The quarterly supplemental payments made from the Supplemental Benefit Maintenance Account pursuant to Section 24415 as of July 1, 2023, shall be increased as follows: Period during which retirement, disability, or death occurred: Percentage increase: After Dec. 31, 1998 0.0% Between Jan. 1, 1990, and Dec. 31, 1998 5.0% Between Jan. 1, 1980, and Dec. 31, 1989 10.0% Prior to Jan. 1, 1980 15.0% (b) The increase provided by this section shall be determined on July 1, 2023, by applying the applicable percentage to the sum of the monthly allowance, including all allowance increases authorized by this part, and excluding annuities payable from accumulated annuity deposit contributions and tax-sheltered annuity contributions, and the monthly equivalent of any purchasing power payments made pursuant to Section 24415. (c) Two percent of the amount determined pursuant to subdivision (b) shall be added to the increase provided by subdivision (a) each year commencing on July 1, 2024. This amount shall not be compounded. (d) The increases provided pursuant to this section shall be paid quarterly and are in addition to any payments received by a retired member or nonmember spouse, disabled member, or beneficiary, including an option beneficiary, under Section 24415. (e) If the monthly allowance payable is adjusted after the effective date of this section, the percentage increase applied on the effective date of this section shall be applied to the adjusted monthly allowance payable. (f) The increases provided by this section are not part of the base allowance and will be payable only to the extent that funds are available from the Supplemental Benefit Maintenance Account as provided pursuant to Section 24415. (g) The increases authorized by this section are vested only up to the amount payable as a result of the annual appropriation made pursuant to Section 22954, the application of Section 24415, and the adjustments made by the board pursuant to Section 24415.5. (h) Benefits payable under this section shall be initially payable by the system on July 1, 2023. (Added by Stats. 2022, Ch. 818, Sec. 1. (SB 868) Effective January 1, 2023.)
  11. 24412.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 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. )

    Verify source ↗

    The board must distribute certain annual revenues as quarterly supplemental payments starting September 1 each year, deduct administrative costs, and notify recipients that the increases are not cumulative or part of the base 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 29. Benefit Maintenance [24400 - 24417] ( Chapter 29 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24412. (a) The annual revenues deposited to the Teachers’ Retirement Fund pursuant to Section 6217.5 of the Public Resources Code are continuously appropriated without regard to fiscal year for the purposes of this section and shall be distributed annually in quarterly supplemental payments commencing on September 1 of each year to retired members, disabled members, and beneficiaries under the Defined Benefit Program. The amount available for distribution in any year shall be the income for that year from the sale or use of school lands and lieu lands, as estimated by the State Lands Commission prior to the beginning of the fiscal year, adjusted by the difference between the estimated and actual income for the preceding fiscal year. The board shall deduct from the revenues an amount necessary for administrative expenses to implement this section. (b) The net revenues to be distributed shall be allocated among those retired members, disabled members, and beneficiaries, as defined in subdivision (a) of Section 22107, whose allowances under the Defined Benefit Program, after applying the annual improvement factor as defined in Section 22140, if any, are below 80 percent of the purchasing power of the base allowance. The purchasing power calculation for each individual allowance shall be based on the change in the All Urban California Consumer Price Index between June of the calendar year of retirement and June of the fiscal year preceding the fiscal year of the distribution. The allocation shall provide a pro rata share of the amount needed to restore the allowance payable, after application of the current year annual improvement factor to 80 percent of the purchasing power of the base allowance. (c) The allowance increase shall not be applicable to annuities payable from the accumulated annuity deposit contributions or the accumulated tax-sheltered annuity contributions. (d) In any year that the net revenues from school lands and lieu lands is greater than that needed to adjust the allowances of all retired members, disabled members, and beneficiaries, as defined in subdivision (a) of Section 22107, under the Defined Benefit Program to 80 percent of the purchasing power of the base allowance, the net revenues in excess of that needed for distribution shall be used by the board to reduce the unfunded actuarial obligation of the fund, if any. (e) The board shall inform each recipient of supplemental payments under this section that the increases are not cumulative and are not part of the base allowance. (Amended by Stats. 2014, Ch. 755, Sec. 67. (SB 1220) Effective January 1, 2015.)
  12. 24413.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 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. )

    Verify source ↗

    Certain revenues related to the Elk Hills Naval Petroleum Reserve school lands must be deposited into the Supplemental Benefit Maintenance Account.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 29. Benefit Maintenance [24400 - 24417] ( Chapter 29 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24413. Notwithstanding Section 24412, revenues from school lands or lieu lands related to the claim of the State of California to the school lands within the area referred to as the Elk Hills Naval Petroleum Reserve, shall be deposited in the Supplemental Benefit Maintenance Account. (Amended by Stats. 1997, Ch. 939, Sec. 5. Effective January 1, 1998.)
  13. 24415.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 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. )

    Verify source ↗

    The section requires annual quarterly supplemental payments from the Supplemental Benefit Maintenance Account to certain retirees, disabled members, and beneficiaries, subject to funding and purchasing-power 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 29. Benefit Maintenance [24400 - 24417] ( Chapter 29 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24415. (a) The proceeds of the Supplemental Benefit Maintenance Account shall be distributed annually in quarterly supplemental payments commencing on September 1, 1990, to retired members, disabled members, and beneficiaries, as defined in subdivision (a) of Section 22107. The amount available for distribution in a fiscal year pursuant to this section shall not exceed the amount necessary to restore purchasing power up to 85 percent of the purchasing power of the base allowance, after the application of all allowance increases authorized by this part, including those specified in Section 24412, and excluding those provided pursuant to Sections 24410.5, 24410.6, 24410.7, and 24410.8. (b) The net revenues to be distributed shall be allocated among those retired members, disabled members, and beneficiaries, as defined in subdivision (a) of Section 22107, whose allowances, after sequentially applying the annual improvement factor as defined in Sections 22140 and 22141, and the annual supplemental payment as specified in Section 24412, have the lowest purchasing power percentage. The purchasing power calculation for each individual shall be based on the change in the All Urban California Consumer Price Index between June of the calendar year of retirement and June of the fiscal year preceding the fiscal year of distribution. In any year in which the purchasing power of the allowances of all retired members, disabled members, and beneficiaries, as defined in subdivision (a) of Section 22107, equals not less than 85 percent and additional funds remain from the allocation authorized by this section, those funds shall remain in the Supplemental Benefit Maintenance Account for allocation in future years. (c) The allowance increase shall not be applicable to annuities payable from the accumulated annuity deposit contributions or the accumulated tax-sheltered annuity contributions. (d) The increases provided by subdivision (b) are not cumulative, not part of the base allowance, and will be payable only to the extent that funds are available from the Supplemental Benefit Maintenance Account. The board shall inform each recipient of the contents of this subdivision. (e) The adjustments authorized by this section are vested only up to the amount payable as a result of the annual appropriation made pursuant to Section 22954 and the adjustments made by the board pursuant to Section 24415.5. The adjustments authorized by this section shall not be included in the base allowance for purposes of calculating the annual improvement factor defined by Sections 22140 and 22141. (f) For purposes of restoring the purchasing power of benefits provided pursuant to Section 24410.5 for members and beneficiaries receiving benefits pursuant to subdivision (b), the purchasing power calculation shall be based on 85 percent of the change in the All Urban California Consumer Price Index between January 2000 and June of the fiscal year preceding the fiscal year of distribution, after the application of increases authorized by Section 24412. (g) For purposes of restoring the purchasing power of benefits provided pursuant to Sections 24410.6 and 24410.7 for members and beneficiaries receiving benefits pursuant to subdivision (b), the purchasing power calculation shall be based on 85 percent of the change in the All Urban California Consumer Price Index between January 2001 and June of the fiscal year preceding the fiscal year of distribution, after the application of increases authorized by Section 24412. (h) For purposes of restoring the purchasing power of benefits provided pursuant to Section 24410.8 for members and beneficiaries receiving benefits pursuant to subdivision (b), the purchasing power calculation shall be based on 85 percent of the change in the All Urban California Consumer Price Index between June 2023 and June of the fiscal year preceding the fiscal year of distribution, after the application of increases authorized by Section 24412. (Amended by Stats. 2022, Ch. 818, Sec. 2. (SB 868) Effective January 1, 2023.)
  14. 24415.5.

    ## 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 29. Benefit Maintenance [24400 - 24417] ( Chapter 29 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The board must adjust purchasing power protection benefits under this section, raising or reducing them based on whether account funding is expected to be sufficient or insufficient, and it may adopt related regulations.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 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. ) ## 24415.5. (a) Notwithstanding any other provision of this chapter, the board shall adjust the purchasing power protection benefits payable pursuant to Sections 24415, 24416, and 24417 in accordance with subdivisions (b) and (c) of this section. (b) If the board, in adopting the actuarial projection described in subdivision (a) of Section 22954.1, determines that the annual transfers to the Supplemental Benefit Maintenance Account described in Section 22954, combined with all other anticipated sources of income to the account, are likely to be less than sufficient over the term established by the board to continue providing the purchasing power protection being provided at the time of the projection, it shall identify the maximum level of purchasing power protection benefits that it expects to be sustainable over that term, as specified in subdivision (c) of Section 22954.1. The board, upon making the determination specified in subdivision (c) of Section 22954.1, shall reduce the purchasing power protection benefits payable pursuant to Sections 24415, 24416, and 24417 to the maximum sustainable level identified under this subdivision, except that these benefits shall not be adjusted below the 80 percent purchasing power protection level unless the board has made the determination of insufficient funds described in subdivision (a) of Section 24416. (c) If the board, in adopting the actuarial projection described in subdivision (a) of Section 22954.1, determines that the annual transfers to the Supplemental Benefit Maintenance Account described in Section 22954, combined with all other anticipated sources of income to the account, are likely to be more than sufficient over the term established by the board to continue providing the purchasing power protection being provided at the time of the projection, it shall identify the maximum level of purchasing power protection benefits that it expects to be sustainable over that term, as specified in subdivision (b) of Section 22954.1. The board, upon making the determination specified in subdivision (b) of Section 22954.1, shall increase the purchasing power protection benefits payable pursuant to Sections 24415, 24416, and 24417 to the maximum sustainable level identified under this subdivision, except that these benefits shall not be adjusted above the 85 percent purchasing power protection level. (d) If the board identifies, pursuant to subdivision (b) of Section 22954.1, that the maximum level of purchasing power protection benefits it expects to be sustainable over the term established by the board is greater than the 85 percent level, it shall develop one or more proposals for options for the use of the anticipated Supplemental Benefit Maintenance Account moneys in excess of those believed to be necessary to sustain purchasing power protection benefits at the 85 percent level over the term established by the board. The options that the board proposes for use of these moneys shall be for the exclusive benefit of members and beneficiaries, and at least one of these proposed options shall be an increase in benefits for any surviving members who retired prior to January 1, 1999, and any surviving beneficiaries of members who retired prior to January 1, 1999. The board shall either include a summary of these proposed options in the report described in subdivision (f) of Section 22954.1 or, within 60 days after submission of that report, submit a separate letter to the recipients of the report described in subdivision (f) of Section 22954.1 that contains a summary of these proposed options. The board shall also submit a summary of these proposed options to the Governor. (e) The board shall adopt and, after such adoption, may amend and repeal regulations concerning its powers described in this section, and it shall file these regulations, and amended and repealed regulations, with the Secretary of State. The adoption, amendment, or repeal of a regulation authorized by this section is hereby exempted from 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). (Added by Stats. 2008, Ch. 751, Sec. 14. Effective September 30, 2008.)
  15. 24416.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 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. )

    Verify source ↗

    The board may raise employer contribution rates, reduce supplemental benefit payments, or transfer funds in limited situations tied to account funding levels, but any rate increase must stay within the stated cap and needs Budget Act approval or authorization to operate.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 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. ) ## 24416. (a) If the board determines by June 30 of the then current fiscal year that the Supplemental Benefit Maintenance Account will not have sufficient funds to provide purchasing power protection benefits, as established in this chapter, of at least 80 percent for the subsequent fiscal year, the board, for that year, may do either, or a combination of the following: (1) Increase the employer contribution rate commencing in the next fiscal year by an amount that would provide sufficient funds for no more than the estimated difference between the funds in the Supplemental Benefit Maintenance Account and the amount needed to pay the benefit level specified by the board, provided the benefit level is no more than 85 percent. Notwithstanding any other provision of this part, the increase in the employer contribution rate shall only become operative if the increase is approved or authorized in the Budget Act. (2) Reduce the supplemental benefit payment for the subsequent fiscal year to the amount that can be funded by the available funds in the Supplemental Benefit Maintenance Account. (b) If the board finds that there is no unfunded obligation, as determined by the board’s professional consulting actuary and affirmed by the Director of Finance, then in addition to the authority pursuant to subdivision (a), the board may transfer to an auxiliary Supplemental Benefit Maintenance Account, from any funds that are in excess of the amount needed to fund fully the benefits for which the Teachers’ Retirement Fund is liable, an amount that would provide sufficient funds for no more than the estimated difference between the funds in the Supplemental Benefit Maintenance Account and the amount needed to pay the benefit level specified by the board, provided the benefit level is no more than 85 percent. (c) If the board increases the employer contribution rate pursuant to paragraph (1) of subdivision (a), the increase between the current fiscal year contribution rate and the contribution rate in the next fiscal year, shall not exceed one-quarter of 1 percent of the creditable compensation upon which contributions are based. (Amended by Stats. 2008, Ch. 751, Sec. 15. Effective September 30, 2008.)
  16. 24417.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 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. )

    Verify source ↗

    Supplemental benefit maintenance payments are distributed to certain retirees, disabled members, and beneficiaries when account funds fall below the stated support level, and the board must inform recipients of this subdivision.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 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. ) ## 24417. (a) The proceeds of an auxiliary Supplemental Benefit Maintenance Account shall be distributed annually in quarterly supplemental payments, commencing when funds in the Supplemental Benefit Maintenance Account are insufficient to support 85 percent, to retired members, disabled members, and beneficiaries, as defined in subdivision (a) of Section 22107. The amount available for distribution in any fiscal year shall not exceed the amount necessary to restore purchasing power up to 85 percent of the purchasing power of the initial monthly allowance after the application of all allowance increases authorized by this part, including those specified in Sections 24412 and 24415, and excluding those provided pursuant to Sections 24410.5, 24410.6, 24410.7, and 24410.8. (b) The net revenues to be distributed shall be allocated among those retired members, disabled members, and beneficiaries, as defined in subdivision (a) of Section 22107, whose allowances, after sequentially applying the annual improvement factor as defined in Sections 22140 and 22141, and the annual supplemental payment as specified in Sections 24412 and 24415, have the lowest purchasing power percentage. The purchasing power calculation for each individual shall be based on the change in the All Urban California Consumer Price Index between June of the calendar year of the benefit effective date and June of the fiscal year preceding the fiscal year of distribution. (c) The allowance increase shall not be applicable to annuities payable from the accumulated annuity deposit contributions or the accumulated tax-sheltered annuity contributions. (d) The increases provided by subdivision (b) are not cumulative, nor part of the base allowance, and will be payable only to the extent that funds are available from the Supplemental Benefit Maintenance Account and the auxiliary Supplemental Benefit Maintenance Account. The board shall inform each recipient of the contents of this subdivision. (e) The distributions authorized by this section are vested only up to the amount payable as a result of the annual appropriation made pursuant to Section 22954 and the adjustments made by the board pursuant to Section 24415.5. The distributions authorized by this section shall not be included in the base allowance for purposes of calculating the annual improvement factor defined by Sections 22140 and 22141. (f) For purposes of restoring the purchasing power of benefits provided pursuant to Section 24410.5 for members and beneficiaries receiving benefits pursuant to subdivision (b), the purchasing power calculation shall be based on 85 percent of the change in the All Urban California Consumer Price Index between January 2000 and June of the fiscal year preceding the fiscal year of distribution, after the application of increases authorized by Section 24412. (g) For purposes of restoring the purchasing power of benefits provided pursuant to Sections 24410.6 and 24410.7 for members and beneficiaries receiving benefits pursuant to subdivision (b), the purchasing power calculation shall be based on 85 percent of the change in the All Urban California Consumer Price Index between January 2001 and June of the fiscal year preceding the fiscal year of distribution, after the application of increases authorized by Section 24412. (h) For purposes of restoring the purchasing power of benefits provided pursuant to Section 24410.8 for members and beneficiaries receiving benefits pursuant to subdivision (b), the purchasing power calculation shall be based on 85 percent of the change in the All Urban California Consumer Price Index between June 2023 and June of the fiscal year preceding the fiscal year of distribution, after the application of increases authorized by Section 24412. (Amended by Stats. 2022, Ch. 818, Sec. 3. (SB 868) Effective January 1, 2023.)
  17. 24500.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 30. Subrogation [24500 - 24505] ( Chapter 30 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    If certain retirement or survivor benefits are payable because of a member’s injury or death caused by a third party, the board may recover from that third party on behalf of the plan.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 30. Subrogation [24500 - 24505] ( Chapter 30 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24500. If a disability retirement allowance, disability allowance, family allowance, or survivor benefit allowance is payable under this part due to the injury to or death of a member and the injury or death is the proximate consequence of the act of a third person or entity, other than the member’s employer, the board may recover from that person or entity on behalf of the plan, an amount equal to the actuarial equivalent of benefits the system paid and became obligated to pay under the plan because of the injury to or death of the member less any amounts the system may be obligated to pay under the plan without regard to the actions of the third party. In determining the amount the system may be obligated to pay without regard to the actions of the third party, the system shall base the actuarial equivalent only on creditable compensation and service credit earned by the member prior to the date the disability retirement allowance, disability allowance, family allowance, or survivor benefit allowance becomes payable. This chapter shall be deemed to create a right of subrogation only to amounts the system paid and became obligated to pay as disability retirement allowances, disability allowances, family allowances, or survivor benefit allowances. (Amended by Stats. 2017, Ch. 298, Sec. 13. (AB 1325) Effective January 1, 2018.)
  18. 24501.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 30. Subrogation [24500 - 24505] ( Chapter 30 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The board may act on its own or contract with the State Compensation Insurance Fund or the Attorney General to recover amounts the plan can recover from third persons.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 30. Subrogation [24500 - 24505] ( Chapter 30 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24501. The board may act on its own or contract with the State Compensation Insurance Fund or Attorney General for recovery on behalf of the plan of any amounts recoverable from third persons under this chapter, Chapter 5 (commencing with Section 3850) of Part 1 of Division 4 of the Labor Code, Section 11662 of the Insurance Code, or otherwise. (Amended by Stats. 1996, Ch. 634, Sec. 257. Effective January 1, 1997.)
  19. 24502.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 30. Subrogation [24500 - 24505] ( Chapter 30 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The board or its contracted agent may pursue recovery actions and related court steps under this part, but may not recover from benefits payable under this part for the injury or 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 30. Subrogation [24500 - 24505] ( Chapter 30 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24502. In the exercise of its rights under this part, the board or the agent under contract may commence or prosecute actions, file liens, intervene in court proceedings, join parties to the action and consolidate actions all in the same manner and to the same extent provided in Chapter 5 (commencing with Section 3850) of Part 1 of Division 4 of the Labor Code except that recovery shall not be made from benefits payable under this part because of the injury or death. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.)
  20. 24503.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 30. Subrogation [24500 - 24505] ( Chapter 30 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The board may compromise claims, before or after a lawsuit starts or after judgment is entered, if the amount is approved by a person the board authorizes for that purpose.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 30. Subrogation [24500 - 24505] ( Chapter 30 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24503. The board may compromise claims before or after commencement of suit or entry of judgment for an amount as may be approved by a person duly authorized by the board for that purpose. (Amended by Stats. 2017, Ch. 298, Sec. 14. (AB 1325) Effective January 1, 2018.)
  21. 24504.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 30. Subrogation [24500 - 24505] ( Chapter 30 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    If the board recovers money by subrogation for a member, it must apply the recovery first to what the plan paid or must pay, including court costs, attorney fees, and expenses.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 30. Subrogation [24500 - 24505] ( Chapter 30 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24504. Any amount recovered by way of subrogation by the board on behalf of the member, shall be applied first to the amount which the plan paid or is obligated to pay including court costs, attorney fees, and expenses. (Amended by Stats. 1996, Ch. 634, Sec. 258. Effective January 1, 1997.)
  22. 24505.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 30. Subrogation [24500 - 24505] ( Chapter 30 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The board or its agent must start covered actions within three years after the system’s liability to pay benefits is fixed.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 30. Subrogation [24500 - 24505] ( Chapter 30 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24505. Actions brought by the board or its agent under contract pursuant to this chapter shall be commenced within three years after the liability of the system to pay benefits under the plan is fixed. Liability of the plan is fixed at the time the board approves the payment of benefits under this plan. (Amended by Stats. 1998, Ch. 965, Sec. 202. Effective January 1, 1999.)
  23. 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 31. Procedures Concerning Payment [24600 - 24620] ( Chapter 31 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    This section sets when different retirement-related payments start and stop, and it requires certain distributions to follow federal timing 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 31. Procedures Concerning Payment [24600 - 24620] ( Chapter 31 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24600. (a) A retirement allowance under this part begins to accrue on the effective date of the member’s retirement and ceases on the earlier of the day of the member’s death or the day on which the retirement allowance is terminated for a reason other than the member’s death. (b) A retirement allowance payable to an option beneficiary under this part begins to accrue on the day following the day of the retired member’s death and ceases on the day of the option beneficiary’s death. (c) A disability allowance under this part begins to accrue on the effective date of the member’s disability allowance and ceases on the earlier of the day of the member’s death or the day on which the disability allowance is terminated for a reason other than the member’s death. (d) A family allowance under this part begins to accrue on the day following the day of the member’s death and ceases on the day of the event that terminates eligibility for the allowance. (e) A survivor benefit allowance payable to a surviving spouse under this part pursuant to Chapter 23 (commencing with Section 23850) begins to accrue on the day the member would have attained normal retirement age or on the day following the day of the member’s death, as elected by the surviving spouse, and ceases on the day of the surviving spouse’s death. (f) (1) Except as provided in paragraph (2), a child’s portion of an allowance under this part begins to accrue on the effective date of that allowance and ceases on the earlier of either the termination of the child’s eligibility or the termination of the allowance. (2) A child’s portion of a disability retirement allowance under Chapter 26 (commencing with Section 24100) ceases on the earlier of either: (A) The termination date of the child’s eligibility. (B) The termination of the allowance for reasons other than death. (g) Supplemental payments issued under this part pursuant to Sections 24412 and 24415 to retired members, disabled members, and beneficiaries shall begin to accrue pursuant to Sections 24412 and 24415 and shall cease to accrue as of the termination dates specified in subdivisions (a) to (f), inclusive, of this section. (h) Notwithstanding any other provision of this part or other law, distributions payable under the plan with respect to the Defined Benefit Program and the Defined Benefit Supplement Program shall be made in accordance with Section 401(a)(9) of the Internal Revenue Code of 1986 and related regulations. (1) In the case of a refund of contributions, as described in Chapter 18 (commencing with Section 23100) of this part and distribution of an amount equal to the balance of credits in a member’s Defined Benefit Supplement account, as described in Chapter 38 (commencing with Section 25000) of this part, payments shall commence not later than April 1 of the calendar year following the later of (A) the calendar year in which the member attains the age at which the Internal Revenue Code of 1986 requires a distribution of benefits or (B) the calendar year in which the member terminates employment within the meaning of subdivision (i). (2) In the case of a retirement allowance, as defined in Section 22166, payments shall commence not later than April 1 of the calendar year following the later of (A) the calendar year in which the member attains the age at which the Internal Revenue Code of 1986 requires a distribution of benefits or (B) the calendar year in which the member terminates employment within the meaning of subdivision (i), to continue over the life of the member or the lives of the member and the member’s option beneficiary, or over the life expectancy of the member or the life expectancy of the member and the member’s option beneficiary. (i) For purposes of subdivision (h), the phrase “terminates employment” means the later of: (1) The date the member ceases to perform creditable service subject to coverage under this plan. (2) The date the member ceases employment in a position subject to coverage under another public retirement system in this state if the compensation earnable while a member of the other system may be considered in the determination of final compensation pursuant to Section 22134 or 22134.5. (3) In the case of a monthly allowance resulting from the death of a member: (A) If the spouse is the sole beneficiary, payments shall commence not later than December 31 of the later of the calendar year in which the member would have attained the age at which the Internal Revenue Code of 1986 requires a distribution of benefits or the calendar year following the calendar year of the member’s death. (B) If the spouse is not the sole beneficiary, payments shall commence not later than December 31 of the calendar year following the calendar year of the member’s death. (4) In the case of a distribution of the member’s accumulated retirement contributions resulting from the death of a member or beneficiary or other lump-sum death benefit that represents the member’s entire interest in the plan, including the death payment, payments shall be completed in accordance with Section 401(a)(9) of Title 26 of the United States Code and the regulations thereunder. (Amended by Stats. 2024, Ch. 117, Sec. 5. (AB 2770) Effective January 1, 2025.)
  24. 24601.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 31. Procedures Concerning Payment [24600 - 24620] ( Chapter 31 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    If exact payments cannot yet be made because required information or documents are missing, the system may pay estimated allowances, may file claims for them, and the Controller must draw warrants to pay those claims.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 31. Procedures Concerning Payment [24600 - 24620] ( Chapter 31 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24601. Whenever the system determines that payments in the correct amount due cannot be made when payable because required information or documentation is not yet on file in the system, payment of estimated allowances based on preliminary information in the possession of the system may be made, the system may present claims therefore, and the Controller shall draw warrants in payment of the claims. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.)
  25. 24602.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 31. Procedures Concerning Payment [24600 - 24620] ( Chapter 31 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The board may create a special emergency account and payment procedures for certain retirement-related 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 31. Procedures Concerning Payment [24600 - 24620] ( Chapter 31 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24602. The board may establish a special account and procedures to pay, on an emergency basis, allowances, death payments, and up to 75 percent of the return of the balance of the accumulated retirement contributions as a result of termination of employment or death. Disbursements under the special account shall be by checks issued by the system and subject to the auditing requirements of the Controller. Payments under the special account shall be deducted from allowances, death benefits, and payment of accumulated retirement contributions, otherwise due. (Amended by Stats. 2022, Ch. 231, Sec. 1. (AB 1824) Effective January 1, 2023.)
  26. 24603.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 31. Procedures Concerning Payment [24600 - 24620] ( Chapter 31 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    If an estimated allowance is too high or too low, the difference must be corrected in later payments; the Controller may instead state an account with the retired member, disabled member, or beneficiary.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 31. Procedures Concerning Payment [24600 - 24620] ( Chapter 31 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24603. If any estimated allowances under this part are more or less than the correct amount due, the difference between the correct amount and the estimated allowance shall be adjusted in subsequent payments or the Controller may state an account with the retired member, disabled member, or beneficiary, pursuant to Section 12419 of the Government Code. (Amended by Stats. 1998, Ch. 965, Sec. 205. Effective January 1, 1999.)
  27. 24604.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 31. Procedures Concerning Payment [24600 - 24620] ( Chapter 31 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    This section lets members, nonmember spouses, or beneficiaries choose how monthly benefits are paid and requires the system to provide payment information copies in specified cases.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 31. Procedures Concerning Payment [24600 - 24620] ( Chapter 31 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24604. (a) A member, nonmember spouse, or beneficiary under this part shall specify whether monthly benefit payments are to be disbursed by one of the following: (1) Direct deposit (electronic funds transfer). (2) Direct mail to a financial or other institution. (3) Mailing to a payment address provided by the member, nonmember spouse, or beneficiary. (b) A member, nonmember spouse, or beneficiary under this part to whom a lump-sum payment or benefit is to be disbursed, and who is receiving payment for an ongoing benefit by electronic funds transfer, may have the lump-sum payment disbursed by electronic funds transfer to the financial institution on file for payment of the ongoing benefit. (c) A member, nonmember spouse, or beneficiary under this part who is not receiving payment for an ongoing benefit by electronic funds transfer and to whom a lump-sum payment or benefit is to be disbursed shall specify the address to which the payment shall be mailed. (d) The system shall make available an electronic copy of the benefit payment information to any member, nonmember spouse, or beneficiary under this part who receives a monthly benefit payment. (e) (1) The system may designate electronic delivery the default method of delivery of the benefit payment information, unless a member, nonmember spouse, or beneficiary under this part submits a written request as described in paragraphs (3) and (4). (2) The system shall notify the member, nonmember spouse, or beneficiary that he or she has the right to request that a copy of the benefit payment information be mailed. (3) If the system has received a written request from any member, nonmember spouse, or beneficiary under this part, the system shall mail a copy of the monthly benefit payment information to that person. (4) If the system has received a written request from any member, nonmember spouse, or beneficiary under this part, the system shall mail a copy of the benefit payment information to that person, only when there is an adjustment in the allowance due to an annual benefit enhancement, pursuant to Sections 22140 and 24402, or a change in any amount deducted from the allowance due to an adjustment to an income tax withholding tax table made by the Internal Revenue Service or the Franchise Tax Board. (f) A payment disbursed as specified by the member, nonmember spouse, or beneficiary under this part shall fully discharge the board, system, and plan from any claim resulting from actions taken under this section. (Amended by Stats. 2013, Ch. 558, Sec. 45. (AB 1379) Effective January 1, 2014.)
  28. 24605.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 31. Procedures Concerning Payment [24600 - 24620] ( Chapter 31 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    If the board gets satisfactory proof that a retirement payment warrant was lost or an electronic payment could not be credited, the Controller must issue a replacement warrant for the same amount without requiring a bond from the payee.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 31. Procedures Concerning Payment [24600 - 24620] ( Chapter 31 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24605. Upon receipt of proof satisfactory to the board, that a warrant drawn in payment of a retirement allowance or in payment of any other account due from the plan under this part, has been lost or that payment transmitted electronically cannot be credited to an account, the Controller upon the request of the board shall issue a replacement warrant in payment of the same amount, without requiring a bond from the payee, and any loss incurred in connection therewith shall be charged against the fund from which the payment was derived. (Amended by Stats. 1998, Ch. 965, Sec. 207. Effective January 1, 1999.)
  29. 24606.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 31. Procedures Concerning Payment [24600 - 24620] ( Chapter 31 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    If unclaimed retirement-related payments cannot be matched to a claimant after a good-faith effort, the board must redeposit the money in the retirement fund and hold it for the claimant without adding interest.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 31. Procedures Concerning Payment [24600 - 24620] ( Chapter 31 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24606. (a) If any payment of contributions or accumulated contributions or benefits under this plan remains unclaimed and, after a good faith effort, the legal claimant cannot be found, the board shall redeposit the proceeds in the retirement fund, and shall hold the proceeds for the legal claimant without further accumulation of interest. The redeposit does not operate to establish the membership of the claimant in this plan. (b) Subdivision (a) applies to warrants drawn and canceled by the Controller and payments rejected via electronic funds transfer. Upon notice of cancellation or rejection, the proceeds revert to and become a part of the retirement fund, and shall be applied to meet the liabilities of the retirement fund. (c) The board may at any time after reversion of proceeds, as provided above to the retirement fund, and upon receipt of proper information satisfactory to it, return from the retirement fund an amount equal to those proceeds to the credit of the legal claimant. (Amended by Stats. 2016, Ch. 218, Sec. 37. (SB 1352) Effective January 1, 2017.)
  30. 24607.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 31. Procedures Concerning Payment [24600 - 24620] ( Chapter 31 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The system must not invalidate a warrant under $2,000 paid for the month a retired or disabled member dies, unless the beneficiary requests 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 31. Procedures Concerning Payment [24600 - 24620] ( Chapter 31 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24607. Any warrant in an amount less than two thousand dollars ($2,000) paid by the system under this part, for the month in which a retired member or disabled member dies, shall not be invalidated by the system, except upon the request of the beneficiary of the retired member or disabled member. (Amended by Stats. 1998, Ch. 965, Sec. 209. Effective January 1, 1999.)
  31. 24608.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 31. Procedures Concerning Payment [24600 - 24620] ( Chapter 31 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    People entitled to receive allowances may authorize deductions from those allowances if they follow board procedures. The board must determine the extra cost of the deductions and may require certain entities to pay that cost to the board for the retirement fund.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 31. Procedures Concerning Payment [24600 - 24620] ( Chapter 31 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24608. (a) Persons entitled to receive allowances under the plan under this part may authorize deductions to be made from those allowances, in accordance with procedures established by the board. (b) The board shall determine the additional cost involved in making deductions under this section, and may require the public agency, association, insurance carrier, or unit thereof to pay the amount of the additional cost to the board for deposit in the retirement fund to the credit of the Defined Benefit Program. (Amended by Stats. 1998, Ch. 965, Sec. 210. Effective January 1, 1999.)
  32. 24609.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 31. Procedures Concerning Payment [24600 - 24620] ( Chapter 31 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    If a retired member dies before an accrued allowance is paid, it must be paid to the entitled 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 31. Procedures Concerning Payment [24600 - 24620] ( Chapter 31 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24609. Any allowance payable under this part to a retired member, that has accrued and remains unpaid at the time of his or her death, shall be paid to either of the following: (a) The option beneficiary entitled to payment in accordance with an option elected by the member. (b) The beneficiary entitled to receive the lump-sum death benefit provided upon death of a retired member if the member has not elected an option. (Amended by Stats. 1998, Ch. 965, Sec. 211. Effective January 1, 1999.)
  33. 24610.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 31. Procedures Concerning Payment [24600 - 24620] ( Chapter 31 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    If a disabled member dies with an accrued disability allowance still unpaid, that amount must be paid to the person entitled to the family allowance, or if none exists, to the beneficiary entitled to the death 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 31. Procedures Concerning Payment [24600 - 24620] ( Chapter 31 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24610. Any disability allowance under this part that has accrued and remains unpaid to a disabled member at the time of death shall be paid to the person entitled to receive a family allowance under this part or, if none, to the beneficiary entitled to receive the death payment under this part. (Amended by Stats. 1998, Ch. 965, Sec. 212. Effective January 1, 1999.)
  34. 24611.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 31. Procedures Concerning Payment [24600 - 24620] ( Chapter 31 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    When applicable, Probate Code Part 5 governs distribution of death benefit proceeds, and membership is treated like an insurance policy issued after December 31, 1984 for that 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 31. Procedures Concerning Payment [24600 - 24620] ( Chapter 31 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24611. Part 5 (commencing with Section 220) of Division 2 of the Probate Code, when applicable, shall govern the distribution of the proceeds of any death benefit payable under this part. In applying Part 5 (commencing with Section 220) of Division 2 of the Probate Code with respect to proceeds payable to a beneficiary, membership shall be considered as having the same status as an insurance policy issued after December 31, 1984. (Amended by Stats. 1996, Ch. 634, Sec. 268. Effective January 1, 1997.)
  35. 24612.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 31. Procedures Concerning Payment [24600 - 24620] ( Chapter 31 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    A minor’s benefit may be paid to the person who has custody of the minor if the minor has no guardian of the estate, subject to stated value limits and a verified statement.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 31. Procedures Concerning Payment [24600 - 24620] ( Chapter 31 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24612. (a) If any person entitled to a benefit from the plan under this part is a minor who has no guardian of his or her estate, the benefit, not to exceed two thousand dollars ($2,000), may be paid to the person entitled to the custody of the minor to hold for the minor, upon the written statement, duly acknowledged and verified, of the person that the total estate of the minor does not exceed two thousand five hundred dollars ($2,500) in value. (b) The payment shall constitute full discharge of any and all liabilities of the board, system, and plan. (c) The person shall account to the minor for the money when the minor reaches the age of majority. (d) Notwithstanding any other provision of this section, a natural parent or an adoptive parent having custody of the minor shall not be required to establish a guardianship for the purpose of collecting a survivor benefit, family benefit, or death benefit under this part. (Amended by Stats. 1998, Ch. 965, Sec. 213. Effective January 1, 1999.)
  36. 24613.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 31. Procedures Concerning Payment [24600 - 24620] ( Chapter 31 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    Payments made under this section can discharge the board, system, and plan from liability or adverse claims, unless a written adverse-claim notice is received before 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 31. Procedures Concerning Payment [24600 - 24620] ( Chapter 31 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24613. (a) Payment pursuant to the board’s determination in good faith of the existence, identity, or other facts relating to entitlement of persons under this part constitutes a complete discharge and release of the board, system, and plan from liability for that payment. (b) Notwithstanding Sections 751 and 1100 of the Family Code relating to community property interests, whenever payment or refund is made by this system to a member, former member, or beneficiary of a member pursuant to this part, the payment shall fully discharge the board, system, and plan from all adverse claims thereto unless, before payment is made, a written notice of adverse claim is received at the system’s headquarters office. (Amended by Stats. 2013, Ch. 558, Sec. 46. (AB 1379) Effective January 1, 2014.)
  37. 24613.5.

    ## 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 31. Procedures Concerning Payment [24600 - 24620] ( Chapter 31 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The board does not have to decide whether a trustee has power or whether a trust is valid when the trust is named as a beneficiary or payee.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 31. Procedures Concerning Payment [24600 - 24620] ( Chapter 31 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24613.5. The board shall not be required to determine the powers of a trustee or the validity of a trust or of any of the terms of a trust that is elected as a beneficiary, option beneficiary, or other payee under the plan. Such a determination by the board shall not be inferred from the fact that a member or trustee has provided a copy of all or part of the trust instrument. The acknowledged certification pursuant to Section 22450 by the member or trustee that the trustee has the powers declared therein and that the trust meets the requirements described in this part and Part 14 shall be conclusive. Payment of benefits to a trust pursuant to the board’s determination in good faith of the existence, identity, or other facts relating to entitlement of the trust to receive a benefit under this part constitutes a complete discharge and release of the board, system, and plan from liability for the benefit. (Added by Stats. 2016, Ch. 559, Sec. 11. (AB 1875) Effective January 1, 2017.)
  38. 24614.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 31. Procedures Concerning Payment [24600 - 24620] ( Chapter 31 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    This section applies only to certain unified districts with a discontinued district retirement salary plan, and requires the district to keep making monthly payments to eligible retired teachers and other persons.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 31. Procedures Concerning Payment [24600 - 24620] ( Chapter 31 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24614. (a) This section shall only be applicable to a district retirement salary plan in a unified district presently having an average daily attendance of less than 200,000 pupils and which was discontinued by the governing board of the district. (b) The district shall continue to pay monthly to teachers and other persons who were retired prior to the date of the discontinuance an amount equal to the amount by which the retirement allowance to which any of the retired teachers or other persons were entitled under the district plan exceeds the increase in the teacher’s or other person’s retirement allowance under this part resulting from the discontinuance. The arrangement under which those amounts are paid by the district shall not be considered to be a local retirement system for the purposes of this part, nor shall those amounts be taken into account in the calculation of retirement allowances under this part. (c) The reserve fund created by the district from the assets delivered to it by the discontinued district retirement plan under subdivision (c) of former Section 14690 prior to its repeal is continued in existence and the amounts payable under subdivision (b) of this section shall be paid from that reserve fund. (Amended by Stats. 1996, Ch. 634, Sec. 271. Effective January 1, 1997.)
  39. 24615.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 31. Procedures Concerning Payment [24600 - 24620] ( Chapter 31 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The system may withhold retirement payments to recover unpaid contributions plus interest, and affected members or beneficiaries must pay required contributions after written notice.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 31. Procedures Concerning Payment [24600 - 24620] ( Chapter 31 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24615. (a) If the system determines that contributions are due under this part from a retired member, disabled member, or a person who has died, and the person is unable to pay the amount due, the system may withhold all or part of subsequent payments due the retired member, disabled member, or survivor, until the amounts withheld equal the contributions due plus regular interest to the date of payment. Total contributions plus regular interest due shall be recovered by the system within 18 months. (b) Any payment of contributions that a member or beneficiary is required by law to make to the system shall be paid upon receipt of written notice from the system, except as provided in subdivision (c). Payment may be made either in a lump sum or installments, as permitted by the system. Payment of contributions due the system not discovered or unpaid, for whatever reason, prior to the time of retirement, disability, or death shall be paid prior to granting an allowance or benefit to the member or beneficiary unless, in the opinion of the board, the making of the payment prior to receipt of an allowance or benefit would impose an undue hardship, in which case payment may be made by the system withholding not more than 18 consecutive monthly installments from payments due from the system. Those installments may not be less than twenty-five dollars ($25) per month, except for the last installment, which may be less than twenty-five dollars ($25). (c) The mode of notice and 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. 9. (AB 989) Effective January 1, 2014.)
  40. 24616.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 31. Procedures Concerning Payment [24600 - 24620] ( Chapter 31 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    Overpayments must be deducted from later benefits, unless Section 24616.2 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 31. Procedures Concerning Payment [24600 - 24620] ( Chapter 31 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24616. Any overpayment made to or on behalf of any member, former member, or beneficiary, including, but not limited to, contributions, interest, benefits of any kind, federal or state tax, or insurance premiums, shall be deducted from any subsequent benefit that may be payable under either the Defined Benefit Program, the Defined Benefit Supplement Program, or the Cash Balance Benefit Program, except as provided in Section 24616.2. These deductions shall be permitted concurrently with any suit for restitution, and recovery of overpayment by adjustment shall reduce by the amount of the recovery the extent of liability for restitution. (Amended by Stats. 2022, Ch. 754, Sec. 10. (AB 1667) Effective January 1, 2023.)
  41. 24616.2.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 31. Procedures Concerning Payment [24600 - 24620] ( Chapter 31 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    This section requires repayment of certain overpaid amounts, usually from the person or entity responsible, and sets a 30-day invoice deadline for employers.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 31. Procedures Concerning Payment [24600 - 24620] ( Chapter 31 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24616.2. (a) Except as limited pursuant to Section 22008: (1) All amounts that have been overpaid due to inaccurate information, untimely submission, nonsubmission of information, or on the basis of fraud or intentional misrepresentation by, or on behalf of, a recipient of a benefit, annuity, or refund shall be recovered, as applicable, from the member, participant, former member, former participant, or beneficiary. This paragraph excludes amounts overpaid pursuant to paragraph (2), (3), or (4). (2) All amounts that have been overpaid due to inaccurate information, untimely submission, or nonsubmission of information by an employer that reports directly to the system shall be recovered, as applicable, from that employer. (3) All amounts that have been overpaid due to inaccurate information, untimely submission, or nonsubmission of information by a county superintendent of schools that reports directly to the system on behalf of an employer shall be recovered, as applicable, from that county superintendent of schools. If the overpayment resulted from an error of an employer, the county superintendent of schools may recover the amounts required from that employer pursuant to Section 23012. (A) If the county superintendent of schools provided notice to, and received consent from, an employer to submit that employer’s monthly report, inclusive of any modifications by the county superintendent of schools on behalf of the employer, an overpayment due to inaccurate information shall be considered an error of that employer. (B) If the untimely submission or nonsubmission of information was the result of the employer’s untimely submission or nonsubmission of information, the overpayment shall be considered an error of the employer. (4) (A) All amounts that have been overpaid due to an error by the system shall be recovered, with interest as specified in subparagraph (B), as follows: (i) Commencing July 1, 2024, 85 percent of this amount resulting from benefit adjustments that take place within the fiscal year ending in the immediately preceding calendar year, the specific amount of which shall be determined by the board, shall be made as a continuous appropriation from the General Fund to the Controller each July 1 for transfer to the Teachers’ Retirement Fund. If July 1 falls on a weekend or holiday, the funds shall be transferred the next business day. (ii) Commencing July 1, 2024, 15 percent of this amount resulting from benefit adjustments that take place within the fiscal year ending in the immediately preceding calendar year, the specific amount of which shall be determined by the board, shall be recovered from all employers that report directly to the system in amounts proportionate to their share of contributions for that fiscal year, including the contributions of those employers for whom a county superintendent of schools reports. A county superintendent of schools that reports directly to the system on behalf of employers may recover amounts proportionate to each employer’s share of contributions for that fiscal year from those employers pursuant to Section 23012. (B) The amount to be recovered in accordance with subparagraph (A) shall be calculated to include regular interest from the date of the overpayment to the date of recovery. (b) (1) An employer shall remit any amount required to be paid to the system pursuant to this section within 30 days of the date of the invoice. If the system does not receive payment within 30 days, the amount owed to the system shall be recalculated to include regular interest from the initial due date. (2) If a payment pursuant to paragraph (1) is not received within 30 days of the date of invoice, the Controller shall, upon the order of the board, reduce subsequent payments from the State School Fund to the county for deposit in the county school service fund by the amount owed or, upon the request of a county superintendent of schools to the county auditor, the Controller shall reduce payments to a school district for deposit in the district general fund by the amount owed. The Controller shall then pay to the system the amount owed for deposit in the Teachers’ Retirement Fund. (c) Determination of an amount that has been overpaid shall be provided in writing by the system to the party responsible for the overpayment pursuant to subdivision (a). The system shall identify the error, document the source of the error, and specify the total amount overpaid due to the error. (d) This section shall not apply to a recovery made under Section 24015, 24016, or 24017 or to a benefit or allowance reduction required pursuant to Section 24010, 24109, 24114, 24201.5, 24214, or 24214.5. (e) Except as explicitly provided by its provisions, this section shall not be interpreted to limit the system’s authority to correct benefits. (Amended by Stats. 2025, Ch. 239, Sec. 8. (SB 853) Effective January 1, 2026.)
  42. 24617.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 31. Procedures Concerning Payment [24600 - 24620] ( Chapter 31 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The system must correct overpaid benefits, annuities, or refunds, and may reduce the corrected monthly allowance or annuity benefit by up to 15% in certain non-fraud 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 31. Procedures Concerning Payment [24600 - 24620] ( Chapter 31 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24617. (a) To recover from a member, participant, former member, former participant, or beneficiary an amount overpaid under this part or Part 14 (commencing with Section 26000), as determined pursuant to Section 24616.2, the system shall correct the benefit, annuity, or refund, and the corrected monthly allowance payable under the Defined Benefit Program or the corrected annuity benefit payable under the Defined Benefit Supplement Program or the Cash Balance Benefit Program may be reduced by no more than 15 percent if the amount overpaid was due to inaccurate information, untimely submission, or nonsubmission of information by, or on behalf of, a recipient of the allowance or annuity benefit. (b) This section does not apply to the collection of overpayments due to fraud or intentional misrepresentation of facts by the recipient of the allowance or benefit. (c) The amendments to this section enacted during the second year of the 2021–22 Regular Session shall apply when the system notifies a member, participant, former member, former participant, or beneficiary of a benefit adjustment on and after January 1, 2023. (Amended by Stats. 2023, Ch. 215, Sec. 4. (SB 432) Effective January 1, 2024.)
  43. 24618.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 31. Procedures Concerning Payment [24600 - 24620] ( Chapter 31 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    Losses or gains from certain overpayments or underpayments must be debited or credited to the appropriate reserve in the retirement fund.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 31. Procedures Concerning Payment [24600 - 24620] ( Chapter 31 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24618. Losses or gains resulting from overpayment or underpayment of contributions or other amounts under this part within the limits set by the Department of General Services for automatic writeoff, and losses or gains in greater amounts specifically approved for writeoffs by the Department of General Services, shall be debited or credited, as the case may be, to the appropriate reserve in the retirement fund. (Amended by Stats. 2016, Ch. 31, Sec. 20. (SB 836) Effective June 27, 2016.)
  44. 24619.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 31. Procedures Concerning Payment [24600 - 24620] ( Chapter 31 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The system must report certain payment-related information to the board every year.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 31. Procedures Concerning Payment [24600 - 24620] ( Chapter 31 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24619. The system shall annually report to the board the following information: (a) The amount of underpayment made to recipients under this part. (b) The amount to be recovered because of overpayments and the number of overpayments under this part. (c) The actions taken by the board and the system to reduce the number and amount of overpayments and underpayments under this part. (Amended by Stats. 1998, Ch. 965, Sec. 218. Effective January 1, 1999.)
  45. 24620.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 31. Procedures Concerning Payment [24600 - 24620] ( Chapter 31 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    This section keeps certain reserve funds from a discontinued district retirement salary plan in existence and sets how credits, payments, investments, and later adjustments are 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 31. Procedures Concerning Payment [24600 - 24620] ( Chapter 31 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24620. (a) The special reserve resulting from the discontinuance of a district retirement salary plan as provided in former Section 14690 prior to its repeal, and a part of which is used annually in the interest of the employees of the district at the discretion of the governing board, is continued in existence and shall continue to be used first as provided in this section. (b) The district in which the district retirement plan was discontinued and that credited each teacher or other person employed by the district at the time of discontinuance, in a status requisite for membership in this plan, with an amount that bears the same ratio to the portion of the assets delivered to the district pursuant to former subdivision (c) of Section 14690 prior to its repeal, that remained after the creation of the reserve fund for payments under former subdivision (d) of Section 14690 prior to its repeal, as required by former subdivision (e) of Section 14690 prior to its repeal, as the accumulated contributions credited to the member in his or her individual contribution account under the discontinued retirement plan at the time of discontinuance, bore to the total accumulated contributions so credited to all such teachers and persons, but this credit to any active member shall not exceed the amount of the member’s accumulated contributions so credited at that time. The amount so credited to any person shall continue to be increased by interest at rates approved from time to time by the governing board of the district. The accumulated amount at the date upon which the person retires for service or disability under the system shall continue to be applied according to rates and tables adopted by the governing board and then in effect, to provide an annuity payable to the person throughout the balance of his or her life or a lump-sum payment of the total account balance on the date of retirement at the option of the governing board. If the person dies prior to retirement, the amount, with credited interest, shall be paid to his or her designated beneficiary, as it appears on the records of the district, if any, otherwise to the member’s estate. If the person ceases to be employed by the district for any reason other than death, retirement, or attainment of the age at which his or her classification as a permanent employee ceases, he or she shall no longer be credited with or have any right to the accumulated amount, but the amount shall revert to and belong to the district. The arrangement under which annuities and death benefits are paid by a district under this subdivision shall not be considered to be a local retirement system for the purposes of this part, nor shall those payments be taken into account in the calculation of retirement allowances under this plan. (c) The reserve fund created by the district from the assets delivered to it pursuant to subdivision (c) of former Section 14690 prior to its repeal is continued in existence and in the amount equal in amount to the total contributions credited to employees of the district, under former subdivision (b) of former Section 14691 prior to its repeal, and the annuities and death benefits payable under subdivision (b) of former Section 14691 prior to its repeal shall continue to be paid from this reserve fund. If the reserve fund as first created proves insufficient to make the payments required under subdivision (b) of former Section 14691, the district shall continue to make any additions to the reserve fund necessary to provide for those payments. (d) (1) In addition to any other investments authorized by law for the investment of those funds, the funds of any specialized reserve or reserve fund established pursuant to former Section 14690 or former Section 14691 prior to their repeal may continue to be invested as authorized by Section 31595 of the Government Code for the investment of the funds of a county employees’ retirement system. (2) The governing board may employ investment advisers to advise it on these investments and the fees for these services may be paid from the special reserve or reserve funds. (e) The governing board may make additional cost-of-living adjustments in the payments to persons who retired prior to January 1, 1953. (Amended by Stats. 1996, Ch. 634, Sec. 275. Effective January 1, 1997.)
  46. 24700.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 32. San Francisco Local System [24700 - 24706] ( Chapter 32 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    New employees in the specified San Francisco school districts who enter covered work become members of the plan, and those members are excluded from certain federal coverage for that service.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 32. San Francisco Local System [24700 - 24706] ( Chapter 32 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24700. On July 1, 1972, and thereafter all persons who first enter employment in the San Francisco Unified School District or the San Francisco Community College District to perform creditable service subject to coverage under the Defined Benefit Program are members of the plan in accordance with Section 22501. These new members are excluded from coverage under Subchapter II (commencing with Section 401) of Chapter 7 of Title 42 of the United States Code, for service performed as a member of the plan. (Amended by Stats. 1998, Ch. 965, Sec. 219. Effective January 1, 1999.)
  47. 24701.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 32. San Francisco Local System [24700 - 24706] ( Chapter 32 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    Certain credentialed San Francisco Employees’ Retirement System members who made an irrevocable election may also be covered for other certificated service, if the city and county charter allows it.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 32. San Francisco Local System [24700 - 24706] ( Chapter 32 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24701. Those credentialed members of the San Francisco Employees’ Retirement System on June 30, 1972, who make an irrevocable election to be covered only by the State Teachers’ Retirement Plan under this part for prior and future service performed in San Francisco, shall be allowed to be covered for other certificated service concurrently, where the provisions of the city and county charter permit. This shall not include any credited service, as defined in Section 22121. (Amended by Stats. 2005, Ch. 351, Sec. 34. Effective January 1, 2006.)
  48. 24702.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 32. San Francisco Local System [24700 - 24706] ( Chapter 32 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    Certain San Francisco system retirees from June 30, 1972 must stay on the local rolls, and the State Teachers’ Retirement System must keep making the specified subvention and related benefit 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 32. San Francisco Local System [24700 - 24706] ( Chapter 32 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24702. (a) All persons on the San Francisco system retired rolls on June 30, 1972, shall remain on the local rolls. The State Teachers’ Retirement System shall continue the subvention in Section 24706 for those persons, shall apply the percentage update and annual improvement factor to payments being made under the Defined Benefit Program directly to those persons, and shall pay the retired death payment upon their death. (b) The allowance that would have been payable had the member retired solely under the Defined Benefit Program, including the percentage update calculated under Sections 14332, 14333, and 14334, as enacted by Chapter 2 of the Statutes of 1959, as those sections read on December 31, 1974, shall be taken into account in computing the amount of increase for the ten dollar ($10) a month per year of service minimum unmodified allowance. (Amended by Stats. 1998, Ch. 965, Sec. 221. Effective January 1, 1999.)
  49. 24703.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 32. San Francisco Local System [24700 - 24706] ( Chapter 32 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    People who choose coverage only under the Defined Benefit Program and already have certain San Francisco system credit must not have that credit transferred to 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 32. San Francisco Local System [24700 - 24706] ( Chapter 32 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24703. Persons who select to be covered only by the Defined Benefit Program and already have credit for classified or other noncertificated service in the San Francisco system shall not have that credit transferred to the Defined Benefit Program. (Amended by Stats. 2006, Ch. 655, Sec. 47. Effective January 1, 2007.)
  50. 24704.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 32. San Francisco Local System [24700 - 24706] ( Chapter 32 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The San Francisco Employees’ Retirement System must provide concurrent retirement benefits for certain qualifying members and service 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 32. San Francisco Local System [24700 - 24706] ( Chapter 32 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24704. The San Francisco Employees’ Retirement System shall provide concurrent retirement benefits for classified and other noncertificated service in the San Francisco system according to the provisions applicable to miscellaneous employees of the time of the concurrent retirement for: (a) Members of that system who transfer to the Defined Benefit Program after June 30, 1972. (b) Persons who were members of both the San Francisco system and the Defined Benefit Program on June 30, 1972. (c) A person who could have qualified under subdivision (b) if he or she had not taken a refund from either the San Francisco system or the Defined Benefit Program, but not both, provided the person qualifies for and redeposits prior to retirement. (Amended by Stats. 2006, Ch. 655, Sec. 48. Effective January 1, 2007.)
  51. 24705.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 32. San Francisco Local System [24700 - 24706] ( Chapter 32 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    A member of the San Francisco system may retire concurrently and receive credit for service worked in other U.S. states, territories and possessions, and in Canada, despite Section 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 32. San Francisco Local System [24700 - 24706] ( Chapter 32 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24705. Notwithstanding the provisions in Section 24201, a member of the San Francisco system may retire concurrently and receive credit for service performed in other states of the United States, its territories and possessions, and in Canada. (Amended by Stats. 2006, Ch. 655, Sec. 49. Effective January 1, 2007.)
  52. 24706.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 32. San Francisco Local System [24700 - 24706] ( Chapter 32 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The system must pay certain subvention amounts from the fund to the San Francisco Unified School District and the San Francisco Community College District.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 32. San Francisco Local System [24700 - 24706] ( Chapter 32 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24706. The system shall pay from the fund to the San Francisco Unified School District and the San Francisco Community College District the amounts due for subventions required prior to July 1, 1972, on account of persons who retired or died prior to that date. (Amended by Stats. 1996, Ch. 634, Sec. 281. Effective January 1, 1997.)
  53. 24750.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 33. Los Angeles Unified School District Plan [24750 - 24751] ( Chapter 33 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    Certain former local-system members with only specified Permanent Fund contributions on deposit must, after notice, choose either to redeposit contributions or to keep them on deposit and take a reduced 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 33. Los Angeles Unified School District Plan [24750 - 24751] ( Chapter 33 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24750. Those members who took a refund of their accumulated contributions from the former Los Angeles Unified School District Retirement System or the former Los Angeles Community College District Retirement System or the San Francisco Employees’ Retirement System, prior to July 1, 1972, and who have former Permanent Fund contributions only on deposit related to former local system service shall have those accumulated former Permanent Fund contributions on deposit as of July 1, 1972, treated in the same manner as accumulated retirement contributions of all nonlocal members. Upon discovery and notification to those members, they shall do either of the following: (a) Redeposit all or a portion of the accumulated retirement contributions required to bring the account into full balance with regular interest prior to retirement under this part. (b) Leave those former Permanent Fund accumulated contributions on deposit and receive a reduced retirement allowance under the law as it read on June 30, 1972. (Amended by Stats. 2005, Ch. 351, Sec. 36. Effective January 1, 2006.)
  54. 24751.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 33. Los Angeles Unified School District Plan [24750 - 24751] ( Chapter 33 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    Certain former retirement-system members must redeposit contributions, with interest, before retirement; the redeposit can be made immediately after notice and may be paid in a lump sum or installments as set by the chief executive officer.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 33. Los Angeles Unified School District Plan [24750 - 24751] ( Chapter 33 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24751. Those members who took a refund of their accumulated retirement contributions from the former Los Angeles Unified School District Retirement System or the former Los Angeles Community College District Retirement System or the San Francisco Employees’ Retirement System, prior to July 1, 1972, and who also took a refund of their Permanent Fund contributions from the State Teachers’ Retirement System with respect to the Defined Benefit Program, and who redeposited their contributions in the local system but who did not redeposit their Permanent Fund contributions in the State Teachers’ Retirement System with respect to the Defined Benefit Program, shall redeposit all or a portion of the accumulated retirement contributions required to bring the account into full balance with regular interest from the date of refund to the date of payment. The redeposit may be made immediately upon notification by the system and shall be made prior to retirement under this part. The redeposit shall be made in a lump sum or by installment payments as specified by the chief executive officer. (Amended by Stats. 2005, Ch. 351, Sec. 37. Effective January 1, 2006.)
  55. 24800.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 34. Administration of the District Retirement Salary Plan [24800 - 24813] ( Chapter 34 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    Payments from the district retirement fund must follow the same process as school district payments, but they need district retirement board approval. Warrants on the fund must be signed by at least one board member designated by the board. The county treasurer’s duties under this section are official duties, and the treasurer is liable on the official bond for faithful performance.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 34. Administration of the District Retirement Salary Plan [24800 - 24813] ( Chapter 34 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24800. (a) All payments from the district retirement fund shall be made in the same manner as payments from school district funds but shall be subject to approval of the district retirement board. Warrants drawn on the fund shall be signed by at least one member of the district retirement board who shall be designated by the board. (b) The duties imposed upon the county treasurer shall be a part of his or her official duties, for the faithful performance of which he or she shall be liable upon his or her official bond. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.)
  56. 24801.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 34. Administration of the District Retirement Salary Plan [24800 - 24813] ( Chapter 34 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    Unclaimed death-related retirement benefits under a district retirement system must revert to the district after four years from mailed notice to the estate, heir, or beneficiary.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 34. Administration of the District Retirement Salary Plan [24800 - 24813] ( Chapter 34 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24801. (a) Any other provisions of law to the contrary notwithstanding, whenever any retirement benefits under a district retirement system payable solely by reason of death of the retired member to his or her estate, heir or beneficiary have been unclaimed for a period of four years from the date of notification, by the district retirement system, by means of United States mail, to the estate, heir or beneficiary, such funds shall revert to and become a part of the contributions of the district and shall be applied to reduce the cost to the taxpayers of the district maintaining the retirement system. (b) The district retirement system may at any time after reversion of these benefits to the district and upon receipt of proper information satisfactory to it, return from district contributions, an amount equal to that which had, on account of the deceased member, reverted to the district. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.)
  57. 24802.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 34. Administration of the District Retirement Salary Plan [24800 - 24813] ( Chapter 34 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    Unclaimed warrant proceeds under a district retirement system must be redeposited, held for the claimant without further interest, and may later be returned from district contributions if proper information is received.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 34. Administration of the District Retirement Salary Plan [24800 - 24813] ( Chapter 34 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24802. (a) Notwithstanding any other provision of law, whenever any warrant drawn in payment of contributions or accumulated contributions or benefits under a district retirement system, remains unclaimed or the claimant cannot be found, the proceeds of the warrant shall be redeposited in the respective fund, or funds, from which they were derived, and held for the claimant, without further accumulation of interest, and the redeposit shall not operate to reinstate the membership of the claimant in the district retirement system. If the proceeds, whether heretofore or hereafter redeposited, are not claimed within four years after the date of redeposit, they shall revert to and become a part of the contributions of the district and shall be applied to reduce the cost to the taxpayers of the district maintaining the retirement system and on account of which the contributions were made. (b) The provisions of this section shall apply to warrants drawn under a district retirement system and that would become void under Section 85270. (c) The district retirement system may at any time, after the reversion of proceeds to the district maintaining the retirement system, and upon receipt of proper information satisfactory to it, return from district contributions, an amount equal to those proceeds, to the credit of the claimant to be administered in the manner prescribed under the district retirement system. (d) The deposit in those funds of the proceeds of unclaimed and unpaid warrants prior to September 7, 1955, in accordance with the procedure specified in this section, is hereby validated, ratified, and confirmed. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.)
  58. 24803.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 34. Administration of the District Retirement Salary Plan [24800 - 24813] ( Chapter 34 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    A district retirement system must pay certain death benefits directly to the listed relatives or guardians, without letters of administration, when the estate would not be administered otherwise. It may also pay those relatives without probate if they are the only beneficiaries under the deceased member’s will.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 34. Administration of the District Retirement Salary Plan [24800 - 24813] ( Chapter 34 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24803. (a) If any benefit is payable by a district retirement system to the estate of a deceased person, whether because the estate is the beneficiary of the person or because no beneficiary was designated or because an allowance payable to the person had accrued and remained unpaid at the date of the death, and the estate would not be administered if no amount were due from the system, then the benefit shall be paid directly without procuring letters of administration to the surviving next of kin of the deceased, or the guardians of the survivors’ estates, share and share alike. The payment shall be made in the same order in which the following groups are listed: (1) Spouse. (2) Children and issue of deceased children by right of representation. (3) Father and mother. (4) Brothers and sisters. (5) Nieces and nephews. (b) Payment may also be made to persons in the groups listed in subdivision (a) to the extent those persons are the only beneficiaries under the last will and testament of a deceased former member of a district retirement system, without the probate of the will. (Amended by Stats. 2016, Ch. 50, Sec. 29. (SB 1005) Effective January 1, 2017.)
  59. 24804.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 34. Administration of the District Retirement Salary Plan [24800 - 24813] ( Chapter 34 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The board and system may not pay certain listed beneficiaries if there are surviving people in earlier listed groups, unless the deceased member left a will.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 34. Administration of the District Retirement Salary Plan [24800 - 24813] ( Chapter 34 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24804. Except in the case where the deceased former member of a district retirement system leaves a will, no payment shall be made to persons included in any group specified in subdivision (a) of Section 24803, if at the date of death of any person or persons to whom any benefit is payable by a district retirement system there are living persons in any of the groups preceding it, as listed. Payment to the persons in any group, upon receipt from them of an affidavit upon a form supplied by the system, that there were no surviving individuals in the groups preceding it, or that they are one of the beneficiaries in any group specified in subdivision (a) of Section 24803 under the will of the deceased former member, and that the estate of the deceased will not be administered, is in full discharge of the liability of the board and system on account of the death. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.)
  60. 24805.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 34. Administration of the District Retirement Salary Plan [24800 - 24813] ( Chapter 34 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    When a district retirement system member dies in covered status, death benefits are paid to the beneficiary named on file, and the system must wait 30 days after notice of death before issuing a warrant to that 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 34. Administration of the District Retirement Salary Plan [24800 - 24813] ( Chapter 34 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24805. (a) Notwithstanding any other provision of law, whenever any member of the district retirement system dies while in active membership status, including those on a deferred membership status, or within four months after the termination of the member’s employment in a status requisite for membership in the retirement system, benefits payable at death, unless a claim by someone other than the designated beneficiary or beneficiaries is filed with the retirement system during the period provided in this section, shall be paid to the beneficiary or beneficiaries designated by him on a form provided by the retirement system and on file in the office of the retirement system prior to the death of the member. (b) Payment to a beneficiary or beneficiaries designated in the form on file in the retirement system at the date of death by a warrant drawn prior to any claim under a will or under community property rights, shall constitute full discharge of any and all liability of the district retirement board and retirement system by reason of the member’s death. The retirement system shall provide a 30-day claim period subsequent to notification of death before drawing a warrant in favor of the designated beneficiary or beneficiaries. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.)
  61. 24806.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 34. Administration of the District Retirement Salary Plan [24800 - 24813] ( Chapter 34 added by Stats. 1993, Ch. 893, Sec. 2. )

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    A qualifying district retirement salary plan may be discontinued only with governing board action and member consent, and the discontinuance is not effective unless retirement allowances are provided for active and retired employees as required 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 34. Administration of the District Retirement Salary Plan [24800 - 24813] ( Chapter 34 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24806. (a) A district retirement salary plan established under Sections 24800 to 24812, inclusive, in any school district or districts, in which the average daily attendance of all districts combined is in excess of 200,000, governed by the same governing board, may be discontinued by the governing board of the district or districts, with the consent of the majority of the active members of the system expressing their desires with respect to the discontinuance of the plan evidenced in the manner the governing board may prescribe. However, no discontinuance of any retirement plan shall be effective for any purpose unless provision is made for retirement allowances for active and retired employees of the district as provided in subdivisions (b), (c), (d), and (e). (b) (1) Active and retired employees of the district or districts who otherwise would be members of the plan, other than teachers and persons employed in a status requisite for membership in the State Teachers’ Retirement System or who were so employed prior to retirement, shall be made members and beneficiaries, respectively, of the Public Employees’ Retirement System according to Part 3 (commencing with Section 20000) of Division 5 of Title 2 of the Government Code, including transfer to the system of the accumulated contributions of the employees, together with any other assets of the plan as may be determined. (2) With respect to persons who are members of the plan at its discontinuance, it shall be provided in the contract making the employees members of the Public Employees’ Retirement System, that their respective rates of contribution under the system shall be based on the age at the nearest birthday on July 1, 1944, or at the respective later effective dates of their membership in the plan, all instead of the age at the nearest birthday at the effective date of membership in the employees’ system. (3) Each employee of the district or districts who is included in the contract, but who during all or part of his or her employment in a status requisite for membership in the plan was not a member thereof, because of his or her election under an available option, or who failed to redeposit upon reentry into membership contributions previously withdrawn, shall have the right to elect by written document filed with the Board of Administration of the Public Employees’ Retirement System, at any time within 90 days after the date upon which the notice of the right to make the election is mailed by the system to the member’s latest address on file in the office of the system, and prior to the date of retirement, to contribute to the system, subject to minimum payments fixed by the board of administration, and in one or more sums, or in not to exceed 60 monthly payments, an amount which, when added to his or her accumulated contributions, including interest, transferred as required in paragraph (1), will make a total amount equal to the accumulated contributions, including interest, that would have been credited to him or her in the plan, if he or she had never elected not to be a member thereof, or if he or she had redeposited the withdrawn contributions upon reentry, as the case may be. The employee shall pay to the Public Employees’ Retirement System interest on the unpaid balance of the amount payable to the system, beginning with the date of discontinuance of the plan at the rate of interest currently used from time to time under the system. If the employee elects to make, and makes the contributions, and pays the interest, but not otherwise, he or she shall receive credit under the employees’ system, as state service, for all the service rendered while he or she was not a member of the plan, because of his or her optional exclusion, or for all service upon which the withdrawn contributions were based, and for the purpose of paragraph (2) shall be considered as a member of the plan at its discontinuance and from November 1, 1937, or later beginning date of the service. Regardless of whether the contributions are made, the employee shall receive credit for service with which he or she was credited or would have been credited if he or she had been a member, as prior service under the plan. The contributions under this paragraph shall be added to and administered in the same manner as the contributions transferred under paragraph (1). (4) Service rendered by active employees, who are made members of the Public Employees’ Retirement System, prior to the assumption by the district or districts of the function under which the service was rendered, such as, but not limited to, cafeterias and student body activities, shall be credited under the employees’ system, provided the service qualified for credit under the discontinued plan. (5) The contract making the active employees members of the Public Employees’ Retirement System, shall include the employees with respect to service rendered in a status in which they are not eligible for membership in the State Teachers’ Retirement System, as provided in Section 20491 of the Government Code, and also with respect to service rendered in a status in which they are eligible for membership, but that is no longer credited under the retirement system, and the service shall be credited in the same manner applicable to service otherwise qualifying for credit. (6) Retirement allowances being paid under the discontinued plan to retired employees of the district or districts, who are made beneficiaries of the Public Employees’ Retirement System, shall be changed by action of the governing board of the districts, effective at the discontinuance of the plan, to retirement allowances calculated on the basis of service used in the calculation of the respective allowances under the plan, and average annual salary earnable during the highest three consecutive years of creditable service, calculated according to the methods used at the date of discontinuance, under the plan in determining salary earnable, but excluding any salary based on overtime as provided in Section 20025.2 of the Government Code, but otherwise according to the formulae under the employees’ system that apply to active employees who are made members thereof. The changed allowances shall be paid to beneficiaries for time commencing on the date they are made beneficiaries of the employees’ system. No allowance shall be reduced by the change. (7) If two or more districts under the control and management of a single governing board are participants in the plan, one contract between the board of administration and the governing board may include all the districts. The governing board may apportion the total contributions required under the contract, among the districts on the basis of total salaries upon which the contributions are computed, and on the basis of other pertinent information. (8) Notwithstanding paragraph (1), the contract making active employees members of the Public Employees’ Retirement System, shall include teachers and persons employed in a status requisite for membership in the State Teachers’ Retirement System, with respect to service rendered in a status in which they would have been eligible for membership in the Public Employees’ Retirement System, if the district or districts by which they were employed had been participating in that system under Part 3 (commencing with Section 20000) of Division 5 of Title 2 of the Government Code. Contributions deducted from salary earned by the employees in that service, together with credited interest, and standing to the credit of the employees at the effective date of discontinuance of the plan, shall be subject to paragraph (1), in the same manner as they would have been so subject if the employees had been employed at the date of the discontinuance, in a status which was not requisite for membership in the State Teachers’ Retirement System. The employees shall be members of the Public Employees’ Retirement System with the same effect, but only with respect to that service, as if they had been employed in a status that would have qualified them for membership under other paragraphs of this subdivision. The employees shall continue in membership and shall be entitled to benefits in the same manner as if they individually were credited with at least five hundred dollars ($500) in accumulated contributions. In the computation of the members’ benefits under the Public Employees’ Retirement System, their compensation earnable while they are members of the State Teachers’ Retirement System shall be taken into consideration. (c) Notwithstanding Sections 35161, 35162, Article 1 (commencing with Section 7000) of Chapter 1 of Part 5, Article 2 (commencing with Section 10010) of Chapter 1 of Part 7, Article 1 (commencing with Section 12500) of Chapter 5 of Part 8, this part, Article 5 (commencing with Section 32340) of Chapter 3 of Part 19, and Part 25 (commencing with Section 44000), contributions to the discontinued district retirement plan made by teachers and other persons employed by the district or districts in a status requisite for membership in the State Teachers’ Retirement System standing to their individual credit at the date of discontinuance of the district retirement plan shall be deposited in the Retirement Annuity Fund with credited interest, to be applied on the amount due from the teachers, but not to exceed the amount due. Likewise an amount equal to the actuarial equivalent of the annuity portion of the retirement allowance to which the respective retired teachers and other persons employed by the district or districts, prior to retirement, in a status requisite for membership in the State Teachers’ Retirement System were entitled under the plan, based on the interest rate and mortality tables used in its determination, shall be deposited in the Retirement Annuity Fund, to be applied on the amount due from the respective retired teachers, but not to exceed the amount due. Any excess of the contributions with credited interest or the actuarial equivalents, as the case may be, over the respective amounts due under those sections, shall be paid to the respective active and retired teachers and other persons. Further amounts, if any, due under those sections after the deposits, shall be paid to the Retirement Annuity Fund by the respective active and retired teachers and other persons. If any of the teachers or other persons who is not retired, is not entitled to credit under the State Teachers’ Retirement System for all or part of his or her service credited under the plan, or if any of the retired teachers or other persons is not entitled to a retirement allowance from the system, either before or after the discontinuance, the provisions of this subdivision about contributions and credited interest or about the actuarial equivalent of annuity portions of retirement allowances, as the case may be, shall not apply to him or her with respect to service that is not credited under the state system, until and unless he or she becomes entitled to credit for that service or to an allowance from the state system, based on service that was credited to him or her under the discontinued plan. The balance of the assets held in the various funds of the discontinued district retirement plan after the transfers, deposits, and payments required by this section, or after establishment of reserves from which the transfers, deposits, and payments shall be made, shall be delivered to the district or districts in which the plan is discontinued. (d) The district or districts in which the district retirement plan is discontinued shall pay monthly to teachers and other persons employed by the district or districts, prior to retirement, in a status requisite for membership in the State Teachers’ Retirement System who were retired prior to the date of the discontinuance an amount equal to the amount by which the retirement allowance to which any of the retired teachers or other persons was entitled under the plan exceeds the increase in the teacher’s or other person’s retirement allowance under the State Teachers’ Retirement System resulting from the discontinuance. If the amount payable to any teacher or other person, under the previous sentence, is less than two dollars ($2), the district or districts may pay, in lieu of that amount, one amount that shall be actuarially equivalent to the monthly amount thereafter payable, according to the interest rate and mortality table used in the determination of the teacher’s or other person’s retirement allowance under the district retirement plan. The payment of the actuarially equivalent amount shall discharge fully the district’s liability to the teacher or other person under this subdivision. The arrangement under which the amounts are paid by the district shall not be considered to be a local retirement system for the purposes of Chapter 1 (commencing with Section 22000) to Chapter 19 (commencing with Section 23200), inclusive, and Chapter 21.5 (commencing with Section 23700), nor shall the amount be taken into account in the calculation of retirement allowances under the State Teachers’ Retirement System. If any of the teachers or other persons is not entitled to a retirement allowance from the State Teachers’ Retirement System, either before or after discontinuance, the district or districts shall pay monthly to him or her, an amount equal to his or her retirement allowance under the plan prior to the discontinuance. If any teacher or other person has left the service of the district or districts, and is in a status under the plan, which if continued would qualify him or her for a retirement allowance without his or her return to that service, but is in a status that would otherwise not qualify him or her for retirement under the state system, the district or districts shall pay monthly to the teacher or other person, beginning at the date upon which he or she would have qualified for service retirement under the plan, an amount equal to the retirement allowance for which he or she would have qualified if the plan had not been discontinued. If any teacher or other person has credit under the plan for service that does not qualify for credit under either the State Teachers’ Retirement System or Public Employees’ Retirement System, the district or districts shall pay monthly to the teacher or other person, beginning on the date upon which he or she would have qualified for service retirement under the plan, an amount equal to the retirement allowance for which he or she would have qualified on the basis of that service if the plan had not been discontinued. If the individual at a later date becomes entitled to a retirement allowance from the state system, based on service that was credited to him or her under the discontinued plan, the monthly payments shall cease, and he or she shall become subject to subdivision (c), and the first four sentences of this subdivision, in the same manner as he or she would have been subject, if he or she had been entitled to a retirement allowance at the date of discontinuance, but calculation of actuarial equivalents and amounts payable shall be made as of the later date. (e) If any person who was retired prior to the discontinuance from a position requisite for membership in the State Teachers’ Retirement System, under a district retirement salary plan that is discontinued pursuant to this section, elected either under the plan or under the system, but not under both, to have the retirement allowance modified according to an option under which he or she would receive a smaller allowance and provide a benefit for his or her beneficiary, the person shall have the right, to be exercised not later than 60 days after the discontinuance of the plan, to change his or her election under the State Teachers’ Retirement System with respect to the options. Any computations of actuarial equivalent under a changed election shall be made as of the date of discontinuance of the plan, and no adjustment shall be included in the computation on account of retirement allowance payments made prior to that date. (Amended by Stats. 1994, Ch. 933, Sec. 107. Effective September 28, 1994.)
  62. 24807.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 34. Administration of the District Retirement Salary Plan [24800 - 24813] ( Chapter 34 added by Stats. 1993, Ch. 893, Sec. 2. )

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    This section directs how the remaining assets must be split and used, and gives the district and annuity reserve fund board certain investment and governance powers.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 34. Administration of the District Retirement Salary Plan [24800 - 24813] ( Chapter 34 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24807. The balance of the assets delivered to the district pursuant to subdivision (c) of Section 24806, after the transfers, deposits and payments required by that section, or after establishment of reserves from which those deposits and payments shall be made, shall be allocated and distributed as follows: (a) Sixty-five percent of the balance shall be distributed to the undistributed reserve of the general fund of the district to be reduced to cash as necessary and appropriated in any year by majority vote of the governing board. Until the balance of the assets has been reduced to cash, the governing board may invest and reinvest the assets in securities legal for the investment of funds of the State Teachers’ Retirement System when in the judgment of the governing board any sale and reinvestment is advisable. Ten percent of this amount shall be used only for maintenance operation. (b) Twenty percent of the balance shall be transferred to a special account in the undistributed reserve of the district’s general fund to be reduced to cash as necessary in order to be used only for the purpose of reducing the tax collected pursuant to former Section 23401, as it read on January 1, 1979, in order to provide the contributions required by Section 22950 to the Teacher’s Retirement Fund. In the event that the special account is not wholly distributed for the purpose of making the contribution, the balance in the special account shall be released to the undistributed reserve. Until the balance of the assets has been reduced to cash, the governing board may invest and reinvest the assets in securities legal for the investment of funds of the State Teachers’ Retirement System when in the judgment of the governing board any sale and reinvestment is advisable. (c) (1) Fifteen percent of the balance shall be held intact by the district in an annuity reserve fund from which shall be provided a supplementary annuity at time of retirement under any California public retirement system to or on behalf of those members of the local district retirement system who were on the active roll or members on the retired roll of such local district retirement system as of June 30, 1972, and those members added to the active and retired rolls between June 30, 1972, and any later date of discontinuance, and those probationary or permanent certificated employees of the district holding memberships in California public retirement systems other than the local district retirement system who are making contributions to those systems on June 30, 1972, or on any later date of discontinuance. The supplement annuity may be paid in lump sum or in installments for the life of the person eligible, or his or her beneficiary, after his or her retirement. (2) No participant in the annuity reserve fund shall have vested rights to the benefits of this annuity reserve fund until he or she has continued in active service for a period of five years from the date of discontinuance of the local district retirement system, except participants who have separated from service by reason of retirement, including deferred retirement, or death. (3) An account shall be opened in the name of each person eligible to participate in the benefits of the annuity reserve fund to which shall be credited his or her share of the annuity reserve fund. The individual participant’s share of this fund shall bear the same ratio to the total of this fund as his or her annuity savings contributions, including interest earned, to the retirement system, to which he or she is making annuity contributions as of June 30, 1972, or any later date of discontinuance, or, if a retired member, the date of retirement prior to June 30, 1972, bears to the total annuity savings contributions, including interest earned, of all such participants in the retirement systems to which they are making contributions at the date of discontinuance, including total contributions to the local district retirement system previously made by living members on the retired roll. The fund shall include principal and interest in the account of any participant forfeited because the participant separated from service, except by reason of retirement, including deferred retirement, or death, within five years from June 30, 1972, or other date of discontinuance. The forfeiture shall be treated as earnings of the fund. (4) As of June 30 each year, and on any other dates the annuity reserve fund board may determine, the earnings of the fund less administrative expense shall be credited to the accounts of the remaining participants in the annuity reserve fund on the ratio that the participant’s individual account balance bears to the total balance of the annuity reserve fund. The cost of administering the fund shall be charged against the assets of the fund, as approved by the governing board of the school district. (5) When a participant separates from service, the earnings since the preceding date on which the earnings of the fund, less administrative expenses, were credited to the accounts of the participants, shall remain in the fund. Any member whose accumulated contributions to the local retirement system exceed the amount required by law to be deposited by the member in the State Teachers’ Retirement System’s Annuity Fund upon discontinuance of the local system may deposit to his or her credit all or part of the excess amount in the annuity reserve fund. (6) The governing board of the school district that maintained the discontinued local district retirement system shall establish an annuity reserve fund board of not more than seven members, the majority of whom shall be composed of certificated employees who are participants in the annuity reserve fund. The certificated employees on the annuity reserve fund board shall be elected by participants in the annuity reserve fund. The annuity reserve fund board shall have the authority to make rules and regulations necessary for the management of the annuity reserve fund in accordance with modern business practice. The local district retirement board shall continue to function as the annuity reserve board pending its establishment. (7) Except as otherwise restricted by the California Constitution or by law, the annuity reserve fund board may, in its discretion, invest or reinvest the assets of the fund through the purchase, holding, or sale thereof of any investment, financial instrument, or financial transaction, if the investment, financial instrument, or financial transaction is prudent in the informed opinion of the annuity reserve fund board. (8) All securities and cash of the annuity reserve fund shall be held in a trust fund in the county treasury. The county treasurer, as one of his or her official duties, shall be a member ex officio of the annuity reserve fund board established to invest the assets of this fund. (9) Any funds raised for the support of the local district retirement system and not appropriated to any specific account shall be transferred to the annuity reserve fund. All payments from the district’s annuity reserve fund shall be made in the same manner as payments from school district funds. The annuity reserve fund board may, at its discretion, request the district governing board to hold an election among existing annuity reserve fund participants as to whether the board should distribute existing funds in the annuity fund. The annuity reserve fund board may prescribe all rules and regulations regarding such an election and may distribute the funds if a majority of the members so elect. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.)
  63. 24807.5.

    ## 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 34. Administration of the District Retirement Salary Plan [24800 - 24813] ( Chapter 34 added by Stats. 1993, Ch. 893, Sec. 2. )

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    A certificated district employee with an annuity reserve fund may amend the employment contract to reduce salary, and the employer must deposit the reduction in the fund at the employee’s request.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 34. Administration of the District Retirement Salary Plan [24800 - 24813] ( Chapter 34 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24807.5. Any certificated employee of a district having an annuity reserve fund may enter into an amendment of his or her employment contract for the purpose of effecting a reduction in salary. The reduction shall be deposited by the employer, at the employee’s request, in the district’s annuity reserve fund. The deposits shall be used to provide the employee an annuity within the meaning of Section 403(b) of the Internal Revenue Code of 1986 (26 U.S.C.A. Sec. 403(b)). (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.)
  64. 24807.7.

    ## 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 34. Administration of the District Retirement Salary Plan [24800 - 24813] ( Chapter 34 added by Stats. 1993, Ch. 893, Sec. 2. )

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    The annuity reserve fund board may adopt rules that let participants age 70 or older withdraw their 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 34. Administration of the District Retirement Salary Plan [24800 - 24813] ( Chapter 34 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24807.7. Notwithstanding Section 24807, the annuity reserve fund board may adopt rules allowing participants who have reached 70 years of age to withdraw their benefits. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.)
  65. 24808.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 34. Administration of the District Retirement Salary Plan [24800 - 24813] ( Chapter 34 added by Stats. 1993, Ch. 893, Sec. 2. )

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    The governing board may allow annuity reserve fund board members to be paid $100 per meeting, up to one meeting per month, if they are not already being paid for another assignment at that 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 34. Administration of the District Retirement Salary Plan [24800 - 24813] ( Chapter 34 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24808. The governing board may provide that members of the annuity reserve fund board be paid one hundred dollars ($100) for each meeting, not to exceed one meeting each month, if they are not being paid by the governing board for any other assignment at the time of the meeting. The compensation shall be a charge against the annuity reserve fund. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.)
  66. 24810.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 34. Administration of the District Retirement Salary Plan [24800 - 24813] ( Chapter 34 added by Stats. 1993, Ch. 893, Sec. 2. )

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    A district governing board may transfer certain plan members to the Public Employees’ Retirement System if the stated attendance and consent conditions are met, and only if retirement allowances are provided as required.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 34. Administration of the District Retirement Salary Plan [24800 - 24813] ( Chapter 34 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24810. (a) Notwithstanding Section 24806, persons other than teachers and other persons employed in a status requisite for membership in the State Teachers’ Retirement System, who are active or retired members of a district retirement salary plan established under Sections 24800 to 24812, inclusive, in any school district or districts in which the average daily attendance of all districts combined is in excess of 200,000, governed by the same governing board, may be transferred by the governing board of the district or districts, with the consent of the majority of the active members of the plan expressing their desires with respect to the transfer evidenced in the manner the governing board prescribes. However, no transfer of the active and retired members shall be effective for any purpose unless provision is made for retirement allowances for active and retired employees of the district as provided in subdivision (b). (b) (1) Active and retired employees, including future employees, of the district or districts who otherwise would be members of the plan, persons who are members of the district’s retirement salary plan, and persons who were employees on June 30, 1957, and who attained age 65 years or over during the 12 months immediately preceding July 1, 1957, other than teachers and persons employed in a status requisite for membership in the State Teachers’ Retirement System or who were so employed prior to retirement, shall be made members and beneficiaries, respectively, of the Public Employees’ Retirement System according to the provisions of Part 3 (commencing with Section 20000) of Division 5 of Title 2 of the Government Code, including transfer to the system of the accumulated contributions of the members, together with the other assets of the plan as may be determined. However, the total of the other assets transferred shall not be greater than the portion of the reserves of the plan that is allocable to the active and retired employees, as determined by actuarial valuation. In the valuation the portion of the reserves allocable to the active and retired employees proposed to be transferred shall be determined as an amount which bears the same ratio to the total reserves under the plan as the liabilities under the plan on account of the active and retired employees bear to the total liabilities under the plan on account of all active and retired employees under the plan. On the effective date of the contract making the active employees members of the Public Employees’ Retirement System, the employees shall cease to be members of the plan, and neither they nor retired persons who are made beneficiaries of the state system, shall be paid or have any right to any allowance or other benefit under the plan for time beginning with the effective date. (2) With respect to persons who are members of the plan at the transfer, it shall be provided in the contract making the employees members of the Public Employees’ Retirement System, that their respective rates of contribution under the plan shall be based on the age at the nearest birthday at July 1, 1944, or at the respective later effective dates of their membership in the plan, all instead of the age at the nearest birthday at the effective date of membership in the employees’ system. (3) Each employee of the district or districts who is included in the contract, but who during all or part of his or her employment in a status requisite for membership in the plan was not a member thereof, because of his or her election under an available option, or who, while employed in a status not requisite for membership in the plan, was a member of the State Teachers’ Retirement System and was contributing to that system, or who did not redeposit upon reentry into membership contributions previously withdrawn, shall have the right to elect by written document filed with the Board of Administration of the Public Employees’ Retirement System, at any time within 90 days after the date upon which the notice of the right to make the election is mailed by the system either to the member’s latest address on file in the office of the system, or to the office of the governing board of the district or districts, and prior to the date of retirement, to contribute to the system, subject to minimum payments fixed by the board of administration, and in one or more sums, or in not to exceed 60 monthly payments, an amount which, when added to his or her accumulated contributions, including interest, transferred as required in paragraph (1), will make a total amount equal to the accumulated contributions, including interest, that would have been credited to him or her in the plan, if he or she had never elected not to be a member thereof, or if he or she had been a member of the plan during the time he or she was a member of the State Teachers’ Retirement System and was contributing to the system, or if he or she had redeposited the withdrawn contributions upon reentry, as the case may be. The employee shall pay to the Public Employees’ Retirement System interest on the unpaid balance of the amount payable to the system, beginning with the date of transfer, at the rate of interest currently used from time to time under the system. If the employee elects to make, and makes the contributions, and pays the interest, but not otherwise, he or she shall receive credit under the employees’ system, as state service, for all the service rendered while he or she was not a member of the plan, because of his or her optional exclusion, or for service rendered while he or she was contributing to the State Teachers’ Retirement System, provided the service is no longer credited under the teachers’ system, or for all service upon which the withdrawn contributions were based, and for the purpose of paragraph (2) shall be considered as a member of the plan at the transfer and from November 1, 1937, or later beginning date of the service. Regardless of whether the contributions are made, the employee shall receive credit for service with which he or she was credited or would have been credited if he or she had been a member, as prior service under the plan. The contributions under this paragraph shall be added to and administered in the same manner as the contributions transferred under paragraph (1). (4) Service rendered by active employees who are made members of the Public Employees’ Retirement System prior to or after the assumption by the district or districts of the function under which the service was rendered, but prior to the effective date of the contract making active employees members, and the compensation for which was paid wholly or in part from funds other than the funds of the district or districts, shall be credited under the employees’ system, provided the service qualified for credit under the plan. (5) The contract making the active employees members of the Public Employees’ Retirement System, shall include the employees with respect to service rendered in a status in which they are not eligible for membership in the State Teachers’ Retirement System, as provided in Section 20491 of the Government Code, and also with respect to service rendered in a status in which they are eligible for that membership, but that is no longer credited under the teachers’ retirement system, and the service shall be credited in the manner applicable to service otherwise qualifying for credit. (6) Retirement allowances being paid under the plan to retired employees of the district or districts, who are made beneficiaries of the Public Employees’ Retirement System, shall be changed by action of the governing board of the district, effective at the transfer, to retirement allowances calculated on the basis of service used in the calculation of the respective allowances under the plan, and average annual salary earnable during the highest three consecutive years of creditable service, calculated according to the methods used at the date of transfer, under the plan in determining salary earnable, but excluding any salary based on overtime as provided in Section 20025.2 of the Government Code, but otherwise according to the formulae under the employees’ system that apply to active employees who are made members of the employees’ system. The changed allowances shall be paid to the beneficiaries for time commencing on the date they are made beneficiaries of the employees’ system. No allowance shall be reduced by the change. (7) If two or more districts under the control and management of a single governing board are participants in the plan, one contract between the board of administration and the governing board may include all the districts. The governing board may apportion the total contributions required under the contract, among the districts on the basis of total salaries upon which the contributions are computed, and on the basis of other pertinent information. (8) The contract making these active employees members of the Public Employees’ Retirement System shall provide that the service included in the calculation of the completed years of service as a basis for the portion of the basic death benefit provided in subdivision (b) of Section 21361 of the Government Code for persons who were members of the plan at transfer, shall not be limited to service under the Public Employees’ Retirement System, but instead that service rendered as members of the plan shall also be included. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.)
  67. 24811.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 34. Administration of the District Retirement Salary Plan [24800 - 24813] ( Chapter 34 added by Stats. 1993, Ch. 893, Sec. 2. )

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    A unified district may be substituted into the contract, by amendment, if the covered districts were first included in one contract and later combined into a unified district.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 34. Administration of the District Retirement Salary Plan [24800 - 24813] ( Chapter 34 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24811. If two or more districts have been included in one contract between the Board of Administration of the Public Employees’ Retirement System, and the governing board of the districts, as provided in paragraph (7) of subdivision (b) of Section 24810, and if, since that inclusion, two or more of the districts have been combined into a unified district, the unified district, by amendment to the contract, may, notwithstanding Section 20580 of the Government Code, be substituted for the districts so combined, and for all purposes of the contract. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.)
  68. 24812.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 34. Administration of the District Retirement Salary Plan [24800 - 24813] ( Chapter 34 added by Stats. 1993, Ch. 893, Sec. 2. )

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    If certain districts are tied to one contract and the governing members can no longer serve across districts, the contract must be treated as separate contracts for each district, and the retirement board must allocate contributions accordingly.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 34. Administration of the District Retirement Salary Plan [24800 - 24813] ( Chapter 34 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24812. If two districts, one of which is a community college district, have been included in one contract between the Board of Administration of the Public Employees’ Retirement System and the governing board of the districts, as provided in paragraph (7) of subdivision (b) of Section 24810, and thereafter members of the governing board of the community college district are precluded by law from serving as members of the governing body of the other district, the contract shall be deemed a separate contract as to each district. The Board of Administration of the Public Employees’ Retirement System shall determine the accumulated contributions held for or as having been made by each district and its employees, and shall credit the contributions to the respective contracts. Benefits based on all service of an employee to the districts prior to the date upon which employees’ elections to serve the respective districts are effective shall be a liability of the contract of the district employing the person on the effective date. A person retired prior to the effective date shall, for all purposes of this section, be deemed an employee of the district other than the community college district. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.)
  69. 24813.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 34. Administration of the District Retirement Salary Plan [24800 - 24813] ( Chapter 34 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    This section requires certain credited members to pay back refunded contributions plus interest, and it sets how related allowances and district contributions are 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 34. Administration of the District Retirement Salary Plan [24800 - 24813] ( Chapter 34 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24813. (a) The contract executed under Section 24810, and making persons other than teachers and other persons employed in a status requisite for membership in the State Teachers’ Retirement System, who are active or retired members of a district retirement salary plan established under Sections 24800 to 24812, inclusive, members and beneficiaries of the Public Employees’ Retirement System, shall be amended to include as members or beneficiaries, teachers and other persons who were employed in a status requisite for membership in the State Teachers’ Retirement System, who ceased to be members of the plan if it was discontinued, or if the plan was not discontinued, who resign instead of retiring and are refunded their accumulated contributions under that plan, or who retire or have retired under the district plan and relinquish or have relinquished their right to allowances from the plan with credit for service rendered in a status in which they would have been eligible for membership in the Public Employees’ Retirement System, if the district or districts by which they were employed had been participating in that system under Part 3 (commencing with Section 20000) of Division 5 of Title 2 of the Government Code, but only if the service qualified for credit under the plan and is not credited under any other retirement system. (b) The service of a person who ceased to be a member, or resigns or has resigned instead of retiring, or who relinquishes or has relinquished, shall be administered under the contract in exactly the same manner as that applied to service of persons who were retired under the local retirement system at the effective date of that contract, and were made beneficiaries, or who were not retired and were made members of the system on that date. The retirement allowances being received by the relinquishing persons, on account of service that would have been credited under the Public Employees’ Retirement System as stated, shall be adjusted in the same manner that allowances were adjusted under paragraph (6) of subdivision (b) of Section 24810. Any member who is credited with service in accordance with this section, shall pay to the Public Employees’ Retirement System, at times and in the manner fixed by the board of administration of that system, an amount equal to contributions with interest, that the member received as a refund from the plan, and that were based on service credited, plus interest from the date of refund to the date of the payment, at the interest rate in effect under the system at the date of payment. Contributions required of the district or districts shall be determined by proper valuation, and the contributions set forth in the contract shall be adjusted accordingly. (c) A retirement allowance based on the credited service shall be payable and retirement shall become effective, under the Public Employees’ Retirement System beginning on the first day of the month next following the effective date of this section, in the case of a person who then is retired under the State Teachers’ Retirement System, or otherwise on the later effective date of the member’s retirement under the teachers’ system. The allowance shall be based on the person’s age when the allowance begins, and on the same average salary as that upon which his or her allowance under the State Teachers’ Retirement System, is based. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.)
  70. 24900.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 35. Joint District Salary Retirement Plan [24900 - 24944] ( Chapter 35 added by Stats. 1993, Ch. 893, Sec. 2. ) ## ARTICLE 1. Establishment of Plan [24900 - 24908] ( Article 1 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    School district governing boards may propose a joint retirement salary plan, and must do so if enough electors petition for 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 35. Joint District Salary Retirement Plan [24900 - 24944] ( Chapter 35 added by Stats. 1993, Ch. 893, Sec. 2. ) ## ARTICLE 1. Establishment of Plan [24900 - 24908] ( Article 1 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24900. The governing boards of two or more school districts, in none of which the employees are entitled to the benefits of a pension or retirement system maintained by a city, city and county, or county in which the district, or a part thereof, is located, meeting in joint session, may in their discretion, submit to the qualified electors of the districts, and upon petition signed by not less than 10 percent of the qualified electors of each district the governing boards shall submit to the qualified electors of the districts the proposition of establishing a joint plan for a retirement salary to be paid by the districts to all teachers fulfilling the requirements of the plan in the public schools of the districts and to other employees of the districts as the governing boards may determine, or, in the case of a petition, other employees specified in the petition, and to provide, out of funds of the districts, a portion of the cost thereunder, including expenses incident to the administration of the plan. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.)
  71. 24901.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 35. Joint District Salary Retirement Plan [24900 - 24944] ( Chapter 35 added by Stats. 1993, Ch. 893, Sec. 2. ) ## ARTICLE 1. Establishment of Plan [24900 - 24908] ( Article 1 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    Governing boards of the districts may determine and order elections for submitting the proposition of establishing the plan.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 35. Joint District Salary Retirement Plan [24900 - 24944] ( Chapter 35 added by Stats. 1993, Ch. 893, Sec. 2. ) ## ARTICLE 1. Establishment of Plan [24900 - 24908] ( Article 1 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24901. The proposition of establishing the plan may be submitted to the electors of the districts at any general or special election called and held in the districts, as the governing boards of the districts may determine. The governing boards of the school districts may order the elections that shall be called and held in accordance with the provisions of Chapter 3 (commencing with Section 5300) of Part 4. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.)
  72. 24902.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 35. Joint District Salary Retirement Plan [24900 - 24944] ( Chapter 35 added by Stats. 1993, Ch. 893, Sec. 2. ) ## ARTICLE 1. Establishment of Plan [24900 - 24908] ( Article 1 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The governing boards must consolidate the election and put the district retirement plan question to the electors on the same 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 35. Joint District Salary Retirement Plan [24900 - 24944] ( Chapter 35 added by Stats. 1993, Ch. 893, Sec. 2. ) ## ARTICLE 1. Establishment of Plan [24900 - 24908] ( Article 1 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24902. The governing boards calling the election shall consolidate the election and submit to the electors of the respective districts on the same day the question of whether a district retirement plan shall be established in the districts. Within the territory affected by the order of consolidation, the election precinct polling places and voting booths shall, in every case, be the same. There shall be only one set of election officers in each precinct. The propositions to be voted upon within the respective districts may be set forth on one ticket or ballot. All proceedings had in the premises shall be recorded in one set of election papers, and the election shall be held in all respects as though there were only one election. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.)
  73. 24903.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 35. Joint District Salary Retirement Plan [24900 - 24944] ( Chapter 35 added by Stats. 1993, Ch. 893, Sec. 2. ) ## ARTICLE 1. Establishment of Plan [24900 - 24908] ( Article 1 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    This section says the election may be combined with another election under the Elections 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 35. Joint District Salary Retirement Plan [24900 - 24944] ( Chapter 35 added by Stats. 1993, Ch. 893, Sec. 2. ) ## ARTICLE 1. Establishment of Plan [24900 - 24908] ( Article 1 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24903. The election may be consolidated with any other election pursuant to Part 3 (commencing with Section 10400) of Division 10 of the Elections Code. (Amended by Stats. 1994, Ch. 923, Sec. 26. Effective January 1, 1995.)
  74. 24904.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 35. Joint District Salary Retirement Plan [24900 - 24944] ( Chapter 35 added by Stats. 1993, Ch. 893, Sec. 2. ) ## ARTICLE 1. Establishment of Plan [24900 - 24908] ( Article 1 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The election must be noticed by posted notices signed by a majority of each district’s governing board, and if a local newspaper exists, the notice must also be published there.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 35. Joint District Salary Retirement Plan [24900 - 24944] ( Chapter 35 added by Stats. 1993, Ch. 893, Sec. 2. ) ## ARTICLE 1. Establishment of Plan [24900 - 24908] ( Article 1 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24904. The election shall be called by posting notices, signed by a majority of the governing board of each district, not less than 10 days before the election. If there is a newspaper of general circulation published in any of the districts, notice shall be published in such a newspaper at least once, and at least 10 days prior to the election. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.)
  75. 24905.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 35. Joint District Salary Retirement Plan [24900 - 24944] ( Chapter 35 added by Stats. 1993, Ch. 893, Sec. 2. ) ## ARTICLE 1. Establishment of Plan [24900 - 24908] ( Article 1 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    This section says the governing boards involved in the election are treated as one board for this section.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 35. Joint District Salary Retirement Plan [24900 - 24944] ( Chapter 35 added by Stats. 1993, Ch. 893, Sec. 2. ) ## ARTICLE 1. Establishment of Plan [24900 - 24908] ( Article 1 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24905. In all respects not otherwise specified the election shall be called and held, and returns canvassed and the result announced in the manner provided for the holding of elections for the purpose of authorizing bonds of the school districts, so far as the provisions of the laws are applicable. The governing boards of the school districts in which the election is held shall, for the purposes of this section, be considered as one board. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.)
  76. 24906.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 35. Joint District Salary Retirement Plan [24900 - 24944] ( Chapter 35 added by Stats. 1993, Ch. 893, Sec. 2. ) ## ARTICLE 1. Establishment of Plan [24900 - 24908] ( Article 1 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The ballot must include a proposition asking whether the governing boards of the listed school districts may establish a joint district retirement salary plan for teachers and certain other employees.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 35. Joint District Salary Retirement Plan [24900 - 24944] ( Chapter 35 added by Stats. 1993, Ch. 893, Sec. 2. ) ## ARTICLE 1. Establishment of Plan [24900 - 24908] ( Article 1 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24906. There shall be printed on the ballots to be used at the election the proposition: “Shall the governing boards of (here insert the names of the districts under the control of the boards submitting the proposition) school districts be authorized to establish a plan for a joint district retirement salary for the teachers and such other employees of the districts as the governing boards or the petition determines.” To the right of or below the proposition to be voted on, the words “Yes” and “No” shall be printed on separate lines, with voting targets. (Amended by Stats. 2025, Ch. 303, Sec. 8. (AB 1512) Effective January 1, 2026.)
  77. 24907.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 35. Joint District Salary Retirement Plan [24900 - 24944] ( Chapter 35 added by Stats. 1993, Ch. 893, Sec. 2. ) ## ARTICLE 1. Establishment of Plan [24900 - 24908] ( Article 1 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    If voters in each district approve the proposition, the governing boards must establish a joint district retirement salary 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 35. Joint District Salary Retirement Plan [24900 - 24944] ( Chapter 35 added by Stats. 1993, Ch. 893, Sec. 2. ) ## ARTICLE 1. Establishment of Plan [24900 - 24908] ( Article 1 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24907. If, at the election, a majority of the voters in each district voting on the proposition cast their ballots in favor of the proposition, the governing boards shall establish a joint district retirement salary plan for the teachers and for such other employees of the districts as the boards or the petition determine. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.)
  78. 24908.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 35. Joint District Salary Retirement Plan [24900 - 24944] ( Chapter 35 added by Stats. 1993, Ch. 893, Sec. 2. ) ## ARTICLE 1. Establishment of Plan [24900 - 24908] ( Article 1 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    If the vote is negative in each district, the governing boards may not submit the proposition again for six months after the 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 35. Joint District Salary Retirement Plan [24900 - 24944] ( Chapter 35 added by Stats. 1993, Ch. 893, Sec. 2. ) ## ARTICLE 1. Establishment of Plan [24900 - 24908] ( Article 1 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24908. If a majority of the votes cast in each district on the proposition is in the negative, the governing boards shall not submit the proposition again within a period of six months after the date of the election. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.)
  79. 24920.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 35. Joint District Salary Retirement Plan [24900 - 24944] ( Chapter 35 added by Stats. 1993, Ch. 893, Sec. 2. ) ## ARTICLE 2. Administration of the Plan [24920 - 24944] ( Article 2 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    Some district teachers and employees are entitled to the plan’s benefits and must accept its burdens if they meet the stated conditions.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 35. Joint District Salary Retirement Plan [24900 - 24944] ( Chapter 35 added by Stats. 1993, Ch. 893, Sec. 2. ) ## ARTICLE 2. Administration of the Plan [24920 - 24944] ( Article 2 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24920. Every teacher and every other employee of the school districts for which the plan for district retirement is adopted, who is employed by the districts at the time of the adoption of the plan, and who signs an agreement to be subject to the burdens of the district retirement plan, shall be entitled to the benefits and subject to the burdens of the plan and of this chapter. Every teacher employed in the public schools of the districts after the adoption of the provisions of this chapter by the governing boards of the districts, and any other employees the boards or the petition determines, shall be bound by the benefits and burdens of this chapter. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.)
  80. 24921.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 35. Joint District Salary Retirement Plan [24900 - 24944] ( Chapter 35 added by Stats. 1993, Ch. 893, Sec. 2. ) ## ARTICLE 2. Administration of the Plan [24920 - 24944] ( Article 2 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    A plan cannot be adopted or established until the governing boards make specified findings about contribution rates, sound business practice, and actuarial methods.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 35. Joint District Salary Retirement Plan [24900 - 24944] ( Chapter 35 added by Stats. 1993, Ch. 893, Sec. 2. ) ## ARTICLE 2. Administration of the Plan [24920 - 24944] ( Article 2 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24921. Any plan shall not be adopted or established until the governing boards, after any inquiry and hearing they may direct, find that the respective contributions of the teachers and other employees and the districts provided for in the plan, are substantially in accordance with the more recent generally prevailing rates of contributions in public institutions that have established retirement systems, and that the plan is in accordance with sound business practice and with recognized actuarial methods. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.)
  81. 24922.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 35. Joint District Salary Retirement Plan [24900 - 24944] ( Chapter 35 added by Stats. 1993, Ch. 893, Sec. 2. ) ## ARTICLE 2. Administration of the Plan [24920 - 24944] ( Article 2 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The plan may set retirement salary as a fixed monthly amount or use salary-and-service formulas, but minimum benefits are limited to employees with at least 15 years of district service before normal retirement age, and benefits may not be based on salary above $500 per month.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 35. Joint District Salary Retirement Plan [24900 - 24944] ( Chapter 35 added by Stats. 1993, Ch. 893, Sec. 2. ) ## ARTICLE 2. Administration of the Plan [24920 - 24944] ( Article 2 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24922. The plan may provide that the retirement salary shall be a stipulated monthly sum, or that all benefits under the retirement feature of the plan shall be based upon the monthly salary for each year of future active service in the district earned by the employee up to the date of retirement and upon the average monthly salary earned by the teacher or other eligible employee during the year immediately preceding the adoption of the plan and the number of years of past active service of the employee in the district, and subject to those provisions made in the plan for minimum benefits. No employee with less than 15 years’ service in the district prior to normal retirement age shall receive the benefit of the minimum. In no instance shall the retirement benefits be based upon or allowed for any amount of salary in excess of the sum of five hundred dollars ($500) per month. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.)
  82. 24923.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 35. Joint District Salary Retirement Plan [24900 - 24944] ( Chapter 35 added by Stats. 1993, Ch. 893, Sec. 2. ) ## ARTICLE 2. Administration of the Plan [24920 - 24944] ( Article 2 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    This section lets the plan limit retirement salary rules to earlier service and set a minimum monthly combined amount of $100, and it allows district contributions alone to cover benefit 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 35. Joint District Salary Retirement Plan [24900 - 24944] ( Chapter 35 added by Stats. 1993, Ch. 893, Sec. 2. ) ## ARTICLE 2. Administration of the Plan [24920 - 24944] ( Article 2 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24923. In lieu of the authorizations or requirements provided for in Sections 24920 and 24922, the plan may provide only that the retirement salary shall be based on service rendered prior to the effective date of the plan or prior to July 1, 1944, and shall be an amount which, when added to the retirement allowance the respective member is entitled to receive under the State Teachers’ Retirement System, shall equal a sum of not less than one hundred dollars ($100) per month and Sections 24920 and 24922 shall not be applicable thereto. The costs of the benefits under such a plan may be met by the contributions of the districts alone, notwithstanding Sections 35161, 35162, Article 1 (commencing with Section 7000) of Chapter 1 of Part 5, Article 2 (commencing with Section 10010) of Chapter 1 of Part 7, Article 1 (commencing with Section 12500) of Chapter 5 of Part 8, this part, Article 5 (commencing with Section 32340) of Chapter 3 of Part 19, and Part 25 (commencing with Section 44000), and only teachers who have credit for service rendered prior to that date shall be subject to the plan. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.)
  83. 24924.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 35. Joint District Salary Retirement Plan [24900 - 24944] ( Chapter 35 added by Stats. 1993, Ch. 893, Sec. 2. ) ## ARTICLE 2. Administration of the Plan [24920 - 24944] ( Article 2 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    This section lets a district discontinue certain old supplemental retirement plans, and it requires payments, refunds, fund transfers, and a limited election-change right for affected teachers and retirees.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 35. Joint District Salary Retirement Plan [24900 - 24944] ( Chapter 35 added by Stats. 1993, Ch. 893, Sec. 2. ) ## ARTICLE 2. Administration of the Plan [24920 - 24944] ( Article 2 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24924. (a) A plan established under this chapter that is intended to provide supplemental benefits only on account of service rendered before July 1, 1944, may be discontinued by the governing board of the district, subject to the following conditions: (1) Notwithstanding Sections 35161, 35162, Article 1 (commencing with Section 7000) of Chapter 1, Article 2 (commencing with Section 10010) of Chapter 1 of Part 7, Article 1 (commencing with Section 12500) of Chapter 5 of Part 8, this part, Article 5 (commencing with Section 32340) of Chapter 3 of Part 19, and Part 25 (commencing with Section 44000), any teacher who is not retired on July 1, 1956, shall be entitled to the contributions made by him or her to the discontinued plan with interest credited in accordance with the rules and regulations of the local retirement plan up to and including June 30, 1957. Likewise, a teacher who retired prior to July 1, 1956, shall be entitled to a refund equal to the actuarial equivalent, at his or her attained age, of the annuity that would have been provided by the total contributions required of the member under the system, based on interest and mortality tables currently in use, less the amount of any contributions remaining unpaid on the date of discontinuance. The amount to which any teacher is entitled under this section shall be paid to him or her within 90 days of his or her request in writing on a form provided by and filed with the local retirement system. All requests shall be filed prior to July 1, 1959. (2) The district in which the plan is discontinued shall pay monthly to teachers, who were retired prior to the date of the discontinuance, an amount equal to the amount by which the retirement allowance to which any of these retired teachers was entitled under the plan exceeds the increase in the teacher’s retirement allowance under the State Teachers’ Retirement System after the discontinuance. In lieu of the monthly payment, the district may elect to pay in a single sum the amount that shall be the actuarial equivalent to the monthly amount thereafter payable, according to the interest rate and mortality table currently in use under the plan. Payment of the amount shall discharge fully the district’s liability to the teacher under this subdivision. The arrangement under which the amounts are paid by the district shall not be considered to be a local retirement system for the purposes of Chapter 1 (commencing with Section 22000) to Chapter 31 (commencing with Section 24600), inclusive, nor shall the amount be taken into account in the calculation of the retirement allowances under the State Teachers’ Retirement System. (b) Any person who was retired prior to July 1, 1956, from a position requisite for membership in the State Teachers’ Retirement System, under a district supplemental retirement salary plan which has been discontinued pursuant to this section, and elected either under the plan or under the system, but not under both, to have a portion of his or her retirement allowance modified according to an option under which he or she would receive a smaller allowance and provide for a benefit for his or her beneficiary, that person shall have the right, to be exercised not later than 60 days after July 5, 1956, to change his or her election under the State Teachers’ Retirement System with respect to those options. Any computations of actuarial equivalents under a changed election shall be made as of the effective date, and no adjustment shall be included in the computation on account of retirement allowance payments made prior to that date. (c) When any local retirement plan is discontinued under this section, all funds remaining in the district retirement fund of the local system shall be transferred to the general fund of the school district in which the plan is discontinued. Thereafter any payments to meet continuing obligations of the district arising from the establishment or discontinuance of the plan shall be paid from the general fund of the district. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.)
  84. 24925.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 35. Joint District Salary Retirement Plan [24900 - 24944] ( Chapter 35 added by Stats. 1993, Ch. 893, Sec. 2. ) ## ARTICLE 2. Administration of the Plan [24920 - 24944] ( Article 2 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The governing boards must get a general survey and actuarial report of the plan at least every five years, and they must amend the plan from time to time when advisable or necessary.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 35. Joint District Salary Retirement Plan [24900 - 24944] ( Chapter 35 added by Stats. 1993, Ch. 893, Sec. 2. ) ## ARTICLE 2. Administration of the Plan [24920 - 24944] ( Article 2 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24925. The governing boards, after the adoption of the plan, shall at regular intervals, each not exceeding a period of five years, secure a general survey and actuarial report of the plan, and the boards shall from time to time amend the plan in any manner found to be advisable to meet changed conditions, or, in the light of experience, considered necessary. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.)
  85. 24926.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 35. Joint District Salary Retirement Plan [24900 - 24944] ( Chapter 35 added by Stats. 1993, Ch. 893, Sec. 2. ) ## ARTICLE 2. Administration of the Plan [24920 - 24944] ( Article 2 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    A qualifying joint district salary retirement plan is treated as complying with chapter requirements if it pays eligible employees a specified sum, within 15 years after the plan is established, that is intended to match the salary difference over the employees’ life expectancy.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 35. Joint District Salary Retirement Plan [24900 - 24944] ( Chapter 35 added by Stats. 1993, Ch. 893, Sec. 2. ) ## ARTICLE 2. Administration of the Plan [24920 - 24944] ( Article 2 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24926. A plan under which the districts establishing it agree to pay to employees who become entitled to retirement salaries within a specified period, not exceeding 15 years, after the establishment of the plan, a specified sum that, during the life expectancy of the employees, will be approximately equal, in the aggregate, to the aggregate difference, during the life expectancy, between the maximum salary paid to employees in the respective classes of the retiring employees, and the salaries paid to beginning employees in the classes, shall be construed to comply with the provisions of this chapter requiring the plan to be in accordance with sound business practices and recognized actuarial methods. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.)
  86. 24927.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 35. Joint District Salary Retirement Plan [24900 - 24944] ( Chapter 35 added by Stats. 1993, Ch. 893, Sec. 2. ) ## ARTICLE 2. Administration of the Plan [24920 - 24944] ( Article 2 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    Districts must levy and collect the district tax every year for joint district retirement plan 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 35. Joint District Salary Retirement Plan [24900 - 24944] ( Chapter 35 added by Stats. 1993, Ch. 893, Sec. 2. ) ## ARTICLE 2. Administration of the Plan [24920 - 24944] ( Article 2 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24927. For the purpose of providing funds that may be necessary to make the payments required by any joint district retirement plan, district taxes shall be levied and collected annually by the respective districts at the same time and in the same manner as other district taxes are levied and collected. The tax shall be in addition to any other district tax now or hereafter authorized by law, and shall not be considered in fixing maximum rates of tax for school district or community college district purposes. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.)
  87. 24928.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 35. Joint District Salary Retirement Plan [24900 - 24944] ( Chapter 35 added by Stats. 1993, Ch. 893, Sec. 2. ) ## ARTICLE 2. Administration of the Plan [24920 - 24944] ( Article 2 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    A joint district retirement plan must limit district retirement salary eligibility to teachers and employees with at least 20 years of service and a plan-set minimum age of at least 55.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 35. Joint District Salary Retirement Plan [24900 - 24944] ( Chapter 35 added by Stats. 1993, Ch. 893, Sec. 2. ) ## ARTICLE 2. Administration of the Plan [24920 - 24944] ( Article 2 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24928. Every joint district retirement plan shall provide that only those teachers and other employees who have served as teachers or employees of the districts for at least 20 years of service immediately preceding retirement, and who have reached a minimum age specified in the joint district retirement plan, which shall not be less than 55 years, shall be entitled to a district retirement salary. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.)
  88. 24929.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 35. Joint District Salary Retirement Plan [24900 - 24944] ( Chapter 35 added by Stats. 1993, Ch. 893, Sec. 2. ) ## ARTICLE 2. Administration of the Plan [24920 - 24944] ( Article 2 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The plan may allow disability retirement for teachers or other employees after 10 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 35. Joint District Salary Retirement Plan [24900 - 24944] ( Chapter 35 added by Stats. 1993, Ch. 893, Sec. 2. ) ## ARTICLE 2. Administration of the Plan [24920 - 24944] ( Article 2 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24929. The plan may provide for the retirement of teachers or other employees on account of disability after 10 years of service immediately prior to the retirement, the proportion of the disability retirement salary to the full retirement salary to be specified in the plan. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.)
  89. 24930.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 35. Joint District Salary Retirement Plan [24900 - 24944] ( Chapter 35 added by Stats. 1993, Ch. 893, Sec. 2. ) ## ARTICLE 2. Administration of the Plan [24920 - 24944] ( Article 2 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    A leave of absence approved by an employing district does not break service continuity, but the leave time usually does not count toward retirement credit unless another retirement act allows it.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 35. Joint District Salary Retirement Plan [24900 - 24944] ( Chapter 35 added by Stats. 1993, Ch. 893, Sec. 2. ) ## ARTICLE 2. Administration of the Plan [24920 - 24944] ( Article 2 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24930. Absence from service by reason of a leave of absence granted by the governing board of an employing district shall not be construed as a break in the continuity of service or by any district retirement plan adopted pursuant to the provisions hereof, but the period of leave shall not be counted as time served toward retirement unless the period is so counted under the State Teachers Retirement Act. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.)
  90. 24931.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 35. Joint District Salary Retirement Plan [24900 - 24944] ( Chapter 35 added by Stats. 1993, Ch. 893, Sec. 2. ) ## ARTICLE 2. Administration of the Plan [24920 - 24944] ( Article 2 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    Time of service may be counted together, and partial years may be treated as whole years, if payments have been made for all of the time counted.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 35. Joint District Salary Retirement Plan [24900 - 24944] ( Chapter 35 added by Stats. 1993, Ch. 893, Sec. 2. ) ## ARTICLE 2. Administration of the Plan [24920 - 24944] ( Article 2 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24931. Time of service may be counted in the aggregate and fractions of years amounting to whole years may be counted as whole years when payments by the teacher or other employee have been made for all of the time counted. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.)
  91. 24932.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 35. Joint District Salary Retirement Plan [24900 - 24944] ( Chapter 35 added by Stats. 1993, Ch. 893, Sec. 2. ) ## ARTICLE 2. Administration of the Plan [24920 - 24944] ( Article 2 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    District governing boards must decide which teachers and other employees are entitled to retirement salaries and keep a retired list. They may also take testimony and examine witnesses under oath for that purpose.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 35. Joint District Salary Retirement Plan [24900 - 24944] ( Chapter 35 added by Stats. 1993, Ch. 893, Sec. 2. ) ## ARTICLE 2. Administration of the Plan [24920 - 24944] ( Article 2 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24932. The governing boards of the districts shall in all cases determine the teachers and other employees who are entitled to retirement salaries, and make and keep a list of the teachers and other employees, known as the retired list. For the purpose of making the retired list the boards may take testimony and examine witnesses under oath, which may be administered by any member of the board. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.)
  92. 24933.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 35. Joint District Salary Retirement Plan [24900 - 24944] ( Chapter 35 added by Stats. 1993, Ch. 893, Sec. 2. ) ## ARTICLE 2. Administration of the Plan [24920 - 24944] ( Article 2 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    District governing boards may adopt necessary and proper rules and regulations to help carry out and administer 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 35. Joint District Salary Retirement Plan [24900 - 24944] ( Chapter 35 added by Stats. 1993, Ch. 893, Sec. 2. ) ## ARTICLE 2. Administration of the Plan [24920 - 24944] ( Article 2 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24933. The governing boards of the districts may make all necessary and proper rules and regulations in aid or furtherance of the provisions of this chapter and in order to carry out and administer the provisions. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.)
  93. 24934.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 35. Joint District Salary Retirement Plan [24900 - 24944] ( Chapter 35 added by Stats. 1993, Ch. 893, Sec. 2. ) ## ARTICLE 2. Administration of the Plan [24920 - 24944] ( Article 2 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    When a joint district retirement plan is established, a county treasury trust fund account called the joint district retirement fund must be created, and money belonging to it must be placed in that 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 35. Joint District Salary Retirement Plan [24900 - 24944] ( Chapter 35 added by Stats. 1993, Ch. 893, Sec. 2. ) ## ARTICLE 2. Administration of the Plan [24920 - 24944] ( Article 2 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24934. When a joint district retirement plan is established there shall be created in the treasury of the county in which the districts are located, or, if the districts are located in more than one county, in the treasury of the county selected by the governing boards of the districts meeting in joint session, and open upon the books of the auditor and treasurer of the county, a trust fund account designated as the “joint district retirement fund.” All moneys, whether from contributions by teachers or other employees, or by the districts, or from any source, properly belonging to the joint district retirement fund shall be placed in the fund. Upon approval of the joint district retirement board all incidental expenses, including actual and necessary clerical or other help, incurred in carrying out the provisions of this chapter shall be paid out of the fund and in the same manner as other expenditures are paid from district funds. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.)
  94. 24935.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 35. Joint District Salary Retirement Plan [24900 - 24944] ( Chapter 35 added by Stats. 1993, Ch. 893, Sec. 2. ) ## ARTICLE 2. Administration of the Plan [24920 - 24944] ( Article 2 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    Members of governing boards must carry out the powers, duties, purposes, responsibilities, and jurisdiction given to them under this chapter without extra compensation.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 35. Joint District Salary Retirement Plan [24900 - 24944] ( Chapter 35 added by Stats. 1993, Ch. 893, Sec. 2. ) ## ARTICLE 2. Administration of the Plan [24920 - 24944] ( Article 2 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24935. Members of governing boards shall discharge the powers, duties, purposes, responsibilities, and jurisdiction conferred or imposed upon the governing boards under this chapter without extra or additional compensation. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.)
  95. 24936.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 35. Joint District Salary Retirement Plan [24900 - 24944] ( Chapter 35 added by Stats. 1993, Ch. 893, Sec. 2. ) ## ARTICLE 2. Administration of the Plan [24920 - 24944] ( Article 2 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    District governing boards must set up administration of retirement-plan funds and retirement salary payments through a joint district retirement board.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 35. Joint District Salary Retirement Plan [24900 - 24944] ( Chapter 35 added by Stats. 1993, Ch. 893, Sec. 2. ) ## ARTICLE 2. Administration of the Plan [24920 - 24944] ( Article 2 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24936. The governing boards of the districts establishing the retirement plan shall provide for the administration of the funds and the payment of retirement salaries by a joint district retirement board composed of three persons not officers or employees of any of the districts, one representative of each district, one representative of the teachers of each district and one representative of the other employees of each district, who shall serve without compensation. The representatives chosen by the teachers and other employees shall be chosen by secret ballot. The county treasurer of the county in the county treasury of which the joint district retirement fund is created shall be ex officio a member of the joint district retirement board. All members of the retirement board shall serve for such terms as may be specified by the governing boards in establishing a plan. The joint district retirement board shall have such further powers and duties as may be prescribed by the governing boards of the districts. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.)
  96. 24937.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 35. Joint District Salary Retirement Plan [24900 - 24944] ( Chapter 35 added by Stats. 1993, Ch. 893, Sec. 2. ) ## ARTICLE 2. Administration of the Plan [24920 - 24944] ( Article 2 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The joint district retirement board controls the district retirement fund and retirement payments, must invest and reinvest the fund under specified securities rules, may authorize investment or sale only at a board meeting, and must collect and deposit investment income into 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 35. Joint District Salary Retirement Plan [24900 - 24944] ( Chapter 35 added by Stats. 1993, Ch. 893, Sec. 2. ) ## ARTICLE 2. Administration of the Plan [24920 - 24944] ( Article 2 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24937. (a) The joint district retirement board shall have charge and control of the district retirement fund of the district and of the payment of all retirement salaries and annuities payable from the fund. The joint district retirement board shall invest the funds in securities that are legal for the investment of funds of savings banks in this state and shall sell the securities and reinvest the proceeds in securities legal for investment of funds of savings banks when in the judgment of the joint district retirement board the sale and reinvestment is advisable. No investment in or sale of securities shall be made except upon authorization of the joint district retirement board at a meeting of the board. (b) The board also shall collect the income from the securities and pay it into the joint district retirement fund. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.)
  97. 24938.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 35. Joint District Salary Retirement Plan [24900 - 24944] ( Chapter 35 added by Stats. 1993, Ch. 893, Sec. 2. ) ## ARTICLE 2. Administration of the Plan [24920 - 24944] ( Article 2 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The joint district retirement board may sue in its own name when needed to carry out its powers and duties, and the district attorney or county counsel must act as the board’s attorney without extra compensation.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 35. Joint District Salary Retirement Plan [24900 - 24944] ( Chapter 35 added by Stats. 1993, Ch. 893, Sec. 2. ) ## ARTICLE 2. Administration of the Plan [24920 - 24944] ( Article 2 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24938. The joint district retirement board may sue in its own name when necessary to carry out the powers and duties conferred upon it. The district attorney, or, if there is a county counsel, the county counsel of the county in which are employed the largest number of employees entitled to the benefits and subject to the burdens of the joint district retirement plan shall act as attorney for the joint district retirement board without additional compensation. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.)
  98. 24939.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 35. Joint District Salary Retirement Plan [24900 - 24944] ( Chapter 35 added by Stats. 1993, Ch. 893, Sec. 2. ) ## ARTICLE 2. Administration of the Plan [24920 - 24944] ( Article 2 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The joint district retirement board must deposit all securities it buys with the county treasurer for safekeeping.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 35. Joint District Salary Retirement Plan [24900 - 24944] ( Chapter 35 added by Stats. 1993, Ch. 893, Sec. 2. ) ## ARTICLE 2. Administration of the Plan [24920 - 24944] ( Article 2 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24939. All securities purchased by the joint district retirement board shall be deposited with the county treasurer for safekeeping. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.)
  99. 24940.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 35. Joint District Salary Retirement Plan [24900 - 24944] ( Chapter 35 added by Stats. 1993, Ch. 893, Sec. 2. ) ## ARTICLE 2. Administration of the Plan [24920 - 24944] ( Article 2 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    Payments from the joint district retirement fund must follow the same process as school district fund payments and need approval from the joint district retirement board. Warrants on the fund must be signed by at least one board member designated by the board. The county treasurer’s imposed duties count as official duties and may create liability on the official bond.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 35. Joint District Salary Retirement Plan [24900 - 24944] ( Chapter 35 added by Stats. 1993, Ch. 893, Sec. 2. ) ## ARTICLE 2. Administration of the Plan [24920 - 24944] ( Article 2 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24940. (a) All payments from the joint district retirement fund shall be made in the same manner as payments from school district funds but shall be subject to approval of the joint district retirement board. Warrants drawn on the fund shall be signed by at least one member of the joint district retirement board who shall be designated by the board. (b) The duties imposed upon the county treasurer shall be a part of his or her official duties, for the faithful performance of which he or she shall be liable upon his or her official bond. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.)
  100. 24941.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 35. Joint District Salary Retirement Plan [24900 - 24944] ( Chapter 35 added by Stats. 1993, Ch. 893, Sec. 2. ) ## ARTICLE 2. Administration of the Plan [24920 - 24944] ( Article 2 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    The county auditor must audit the joint district retirement board’s accounts at least every 12 months and report the financial condition to the districts’ governing boards.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 35. Joint District Salary Retirement Plan [24900 - 24944] ( Chapter 35 added by Stats. 1993, Ch. 893, Sec. 2. ) ## ARTICLE 2. Administration of the Plan [24920 - 24944] ( Article 2 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24941. The county auditor of the county in the county treasury of which the “joint district retirement fund” is created shall audit the accounts of the joint district retirement board at least once every 12 months and report upon the financial condition thereof to the governing boards of the districts. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.)
  101. 24942.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 35. Joint District Salary Retirement Plan [24900 - 24944] ( Chapter 35 added by Stats. 1993, Ch. 893, Sec. 2. ) ## ARTICLE 2. Administration of the Plan [24920 - 24944] ( Article 2 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    Retirement salaries under this chapter must be paid in addition to any other retirement salaries a person receives under the cited chapters or otherwise provided by 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 35. Joint District Salary Retirement Plan [24900 - 24944] ( Chapter 35 added by Stats. 1993, Ch. 893, Sec. 2. ) ## ARTICLE 2. Administration of the Plan [24920 - 24944] ( Article 2 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24942. The retirement salaries provided for in this chapter shall be in addition to any other retirement salaries received by any person under Chapter 1 (commencing with Section 22000) to Chapter 31 (commencing with Section 24600), inclusive, or as may be otherwise provided by law. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.)
  102. 24943.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 35. Joint District Salary Retirement Plan [24900 - 24944] ( Chapter 35 added by Stats. 1993, Ch. 893, Sec. 2. ) ## ARTICLE 2. Administration of the Plan [24920 - 24944] ( Article 2 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    Retirement salaries under this chapter for all other employees must be added to any other retirement salaries allowed by 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 35. Joint District Salary Retirement Plan [24900 - 24944] ( Chapter 35 added by Stats. 1993, Ch. 893, Sec. 2. ) ## ARTICLE 2. Administration of the Plan [24920 - 24944] ( Article 2 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24943. The retirement salaries provided for in this chapter for all other employees, shall be in addition to any other retirement salaries that may be provided by law. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.)
  103. 24944.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 35. Joint District Salary Retirement Plan [24900 - 24944] ( Chapter 35 added by Stats. 1993, Ch. 893, Sec. 2. ) ## ARTICLE 2. Administration of the Plan [24920 - 24944] ( Article 2 added by Stats. 1993, Ch. 893, Sec. 2. )

    Verify source ↗

    If this chapter requires or allows two or more school district boards to act, they may do so only in joint meetings, and any action needs an affirmative vote from a majority of the members of a majority of the boards.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 35. Joint District Salary Retirement Plan [24900 - 24944] ( Chapter 35 added by Stats. 1993, Ch. 893, Sec. 2. ) ## ARTICLE 2. Administration of the Plan [24920 - 24944] ( Article 2 added by Stats. 1993, Ch. 893, Sec. 2. ) ## 24944. Whenever by the provisions of this chapter, the governing boards of two or more school districts are required, or authorized, to perform any act, the act may be done only at joint meetings of the boards, and no action shall be taken by the boards except upon the affirmative vote of a majority of the members of a majority of the boards. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.)
  104. 24950.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 36. Annuity Contract and Custodial Accounts [24950 - 24953] ( Chapter 36 added by Stats. 1994, Ch. 291, Sec. 5. )

    Verify source ↗

    Certain employees must be offered an annuity contract and custodial account, and the section sets rules for administration, contributions, investment options, and related compliance.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 36. Annuity Contract and Custodial Accounts [24950 - 24953] ( Chapter 36 added by Stats. 1994, Ch. 291, Sec. 5. ) ## 24950. (a) An annuity contract and custodial account as described in Section 403(b) of the Internal Revenue Code of 1986 shall be offered to : (1) All employees of any state agency who are members of the plan under this part. (2) Any employee of a local public agency or political subdivision of this state that employs persons to perform creditable service subject to coverage by the plan under this part. (3) Any state employee of a state employer under the uniform state payroll system, excluding the California State University System, eligible to participate in an annuity contract and custodial account as described in Section 403(b) of the Internal Revenue Code of 1986. (b) The following criteria shall apply to that annuity contract and custodial account: (1) The annuity contract and custodial account shall be offered for at least five years. (2) The annuity contract and custodial account may be administered by a qualified third-party administrator that shall, under agreement with the system, provide custodial, investment, recordkeeping, or administrative services, or any combination thereof. The third-party administrator may not provide investment options other than pursuant to a shareholders’ services agreement between the third-party administrator and the investment manager. (3) The investment options offered shall be determined by the board consistent with those annuity contract and custodial accounts described in Section 403(b) of the Internal Revenue Code of 1986. (4) The system’s investment staff shall make recommendations to the board as to the appropriate investment options. At a minimum, the board shall offer at least three investment options. The board shall have sole responsibility for the selection of service providers. (5) All contributions made in accordance with the provisions of Section 403(b) of the Internal Revenue Code of 1986 and this section shall be remitted directly to the administrator and held by the administrator in a custodial account on behalf of the employee. Any investment gains or losses shall be credited to those accounts. The forms of payment and disbursement procedure shall be consistent with those generally offered by similar annuity contracts and custodial accounts and applicable federal and state statutes governing those contracts and accounts. (6) Any employer, other than the state, may elect to make contributions to the employee’s annuity contract and custodial account on behalf of the employee. The employer shall take whatever action is necessary to implement this section, including the adoption of an annuity contract and custodial account, or provide the appropriate authorization in accordance with the provision of Section 403(b) of the Internal Revenue Code of 1986. Employer contributions made under this section are excluded from the definition of creditable compensation as provided in Section 22119.2. (7) The design and administration of the annuity contract and custodial account shall comply with the applicable provisions of the Internal Revenue Code of 1986 and the Revenue and Taxation Code. Section 770.3 of the Insurance Code shall not be applicable. (Amended by Stats. 2008, Ch. 230, Sec. 1. Effective January 1, 2009.)
  105. 24950.5.

    ## 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 36. Annuity Contract and Custodial Accounts [24950 - 24953] ( Chapter 36 added by Stats. 1994, Ch. 291, Sec. 5. )

    Verify source ↗

    The system may administer an individual retirement plan and may use a qualified third-party administrator to handle 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 36. Annuity Contract and Custodial Accounts [24950 - 24953] ( Chapter 36 added by Stats. 1994, Ch. 291, Sec. 5. ) ## 24950.5. (a) The system may administer an individual retirement plan as described in Section 408A of Title 26 of the United States Code for the purpose of accepting a rollover from an annuity contract or custodial account offered by the system pursuant to this chapter to the extent the rollover complies with Title 26 of the United States Code. (b) The system may provide for the administration of the individual retirement plan described in subdivision (a) by a qualified third-party administrator who shall, by agreement with the system, provide custodial, investment, recordkeeping, or administrative services, or any combination thereof. (Added by Stats. 2008, Ch. 432, Sec. 1. Effective January 1, 2009.)
  106. 24951.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 36. Annuity Contract and Custodial Accounts [24950 - 24953] ( Chapter 36 added by Stats. 1994, Ch. 291, Sec. 5. )

    Verify source ↗

    The board may terminate the annuity contract and custodial account offering if participation is under 2% after the first five years of administration, and it must give participants two years’ notice before doing 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 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 36. Annuity Contract and Custodial Accounts [24950 - 24953] ( Chapter 36 added by Stats. 1994, Ch. 291, Sec. 5. ) ## 24951. If the rate of participation in the annuity contract and custodial account is less than 2 percent of active members in the Defined Benefit Program upon the completion of the initial five years of administration, the board may elect to terminate the offering of the annuity contract and custodial account as described in Section 403(b) of the Internal Revenue Code of 1986. The board shall provide two years’ notice to the annuity contract and custodial account participants of its intention to terminate. (Amended by Stats. 1998, Ch. 965, Sec. 227. Effective January 1, 1999.)
  107. 24952.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 36. Annuity Contract and Custodial Accounts [24950 - 24953] ( Chapter 36 added by Stats. 1994, Ch. 291, Sec. 5. )

    Verify source ↗

    Some annuity contracts and custodial accounts must recover their administrative costs from participating employees, and the system may promote and advertise certain contracts.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 36. Annuity Contract and Custodial Accounts [24950 - 24953] ( Chapter 36 added by Stats. 1994, Ch. 291, Sec. 5. ) ## 24952. (a) Any annuity contract and custodial account advertised, promoted, or offered through one or more third-party service providers, shall provide for recovery, from the employees who participate, of all costs and expenses of its own administration, including, but not limited to, advertising, promotion, legal, accounting, compliance, recordkeeping, and investment costs and expenses. (b) Any annuity contract and custodial account administered by the system shall provide for the recovery of all costs and expenses of its administration. (c) The system may promote and advertise an annuity contract and custodial account administered directly by the system or by a third-party administrator. (Amended by Stats. 2006, Ch. 780, Sec. 3. Effective January 1, 2007.)
  108. 24953.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 36. Annuity Contract and Custodial Accounts [24950 - 24953] ( Chapter 36 added by Stats. 1994, Ch. 291, Sec. 5. )

    Verify source ↗

    The system may contract with certain employers for annuity contract and custodial account services, and if it does, it must meet several oversight and disclosure 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 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 36. Annuity Contract and Custodial Accounts [24950 - 24953] ( Chapter 36 added by Stats. 1994, Ch. 291, Sec. 5. ) ## 24953. (a) For purposes of this section, the following definitions shall apply: (1) “Annuity contract” means an annuity contract described in Section 403(b) of the Internal Revenue Code that is available to employees as described in Section 770.3 of the Insurance Code. (2) “Custodial account” means a custodial account described in Section 403(b)(7) of the Internal Revenue Code. (3) “Third-party administrator” means a person or entity other than the system that provides administrative or compliance services to the system as described in subdivision (b). (b) An employer that employs persons to perform creditable service subject to coverage by the plan under this part, or the Controller on behalf of any state employer under the uniform state payroll system, excluding the California State University System, that employs persons eligible to participate in an annuity contract or custodial account as described in Section 403(b) of the Internal Revenue Code of 1986, may enter into a written contract with the system for services regarding an annuity contract and custodial account provided by the employer. That contract may include any of the following: (1) Services to ensure compliance with Section 403(b) of the Internal Revenue Code regarding the annuity contract and custodial account including, but not limited to, services that permit the system to do any of the following: (A) Administer and maintain written plan documents governing the employer’s plan. (B) Review and authorize hardship withdrawal requests, transfer requests, loan requests and other disbursements permitted under Section 403(b) of the Internal Revenue Code. (C) Review and determine domestic relations orders as qualified domestic relations orders as described in Section 414(p) of the Internal Revenue Code. (D) Provide notice to eligible employees that is consistent with Title 26 of the Code of Federal Regulations that those employees may participate in an annuity contract and custodial account. (E) Administer and maintain specimen salary reduction agreements for the employer and employees of that employer to initiate payroll deferrals. (F) Monitor, from information provided either directly from the employee, as part of the common remitting services provided pursuant to paragraph (2), through information provided by the employer, or through information provided by vendors authorized by the employer to provide investment products, the maximum contributions allowed by employees participating in the annuity contract and custodial account as described in Sections 402(g), 414(v), and 415 of the Internal Revenue Code. (G) Calculate and maintain vesting information for contributions made by the employer to the annuity contract and custodial account. (H) Identify and notify employees that are required to take a minimum distribution of the funds in that employee’s annuity contract and custodial account as described in Section 401(a)(9) of the Internal Revenue Code. (I) Coordinate responses to the Internal Revenue Service if there is an Internal Revenue Service audit of the annuity contract and custodial account. (2) Services to administer the annuity contract and custodial account that include, but are not limited to, all of the following: (A) Common remitting services. (B) General educational information to employees about the annuity contract and custodial account that includes, but is not limited to, the enrollment process, program eligibility, and investment options. (C) Internal reports for the employer to ensure compliance with Section 403(b) of the Internal Revenue Code and Title 26 of the Code of Federal Regulations. (D) Consulting services related to the design, operation, and administration of the plan. (E) Internal audits, on behalf of an employer, of a provider’s plan compliance procedures with respect to the provider’s annuity contract and custodial account offered under the employer’s plan. These audits shall not be conducted more than once per year for a provider’s plan, unless documented evidence indicates a problem in complying with Section 403(b) of the Internal Revenue Code. (c) If the system elects to contract with a third-party administrator for the administrative or compliance services to employers described in subdivision (b), the system shall do all of the following: (1) Determine that hiring the third-party administrator is in the best interest of the participants to the annuity contract and custodial account, their beneficiaries, and the employer that provides that annuity contract and custodial account. (2) Require the third-party administrator to provide proof of liability insurance and a fidelity bond in an amount determined by the system to be sufficient to protect the assets of participants and beneficiaries in the annuity contract and custodial account. (3) Require evidence, if the third-party administrator is related to or affiliated with a provider of investment products pursuant to Section 403(b) of the Internal Revenue Code, that data generated from the services provided by the third-party administrator are maintained in a manner that prevents the provider of investment products from accessing that data. (d) Any personal information obtained by the system in providing services pursuant to this section shall be used by the system only to provide those services for the employer in accordance with the contract entered into with the employer pursuant to subdivision (b). (e) Nothing in this section requires an employer to contract with the system for the administrative or compliance services described in subdivision (b). A written contract for the administrative or compliance services described in subdivision (b) shall be on behalf of and at the request of the employer. (f) Nothing in this section shall be construed to interfere with either: (1) The rights of employees or beneficiaries as described in Section 770.3 of the Insurance Code. (2) The ability of an employer to establish nonarbitrary requirements upon providers of an annuity contract that, in the employer’s determination, aid in the administration of its benefit programs and do not unreasonably discriminate against any provider of an annuity contract or interfere with the rights of employees or beneficiaries as described in Section 770.3 of the Insurance Code. (g) The cost of providing administrative or compliance services pursuant to this section shall be deemed to be a cost incurred by the employer and subject to subdivision (b) of Section 44041 or subdivision (b) of Section 87040, as may be applicable. (h) In any conflict between this section and Section 44041.5 or 87040.5, including, with respect to the provision of services provided pursuant to a contract between an employer and the system, the provisions of this section shall prevail. (i) The system shall disclose to an employer seeking the services described in this section any fees, commissions, cost offsets, reimbursements, or marketing or promotional items received by the system or a third-party administrator from any plan provider selected as a vendor of an annuity contract or custodial account by the employer. If the system or a third-party administrator is affiliated with or has a contractual relationship with a provider of annuity contracts or custodial accounts, the system or third-party administrator shall disclose the existence of that relationship to each employer and employee participating in the annuity contract or custodial account. (Amended by Stats. 2008, Ch. 230, Sec. 2. Effective January 1, 2009.)
  109. 24975.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 37. Deferred Compensation Plans [24975 - 24977] ( Chapter 37 added by Stats. 1994, Ch. 489, Sec. 2. )

    Verify source ↗

    The board may develop deferred compensation plans, but employers that adopt one must make a written arrangement with the system and follow the section’s participation and administration 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 37. Deferred Compensation Plans [24975 - 24977] ( Chapter 37 added by Stats. 1994, Ch. 489, Sec. 2. ) ## 24975. (a) The board may develop one or more deferred compensation plans under Section 457 of the Internal Revenue Code that an employer may choose to establish and offer to its employees who are members or participants of the plan under this part or Part 14 (commencing with Section 26000) or any employee of a local public agency or political subdivision of this state that employs persons to perform creditable service subject to coverage by the plan under this part. (b) If an employer adopts a deferred compensation plan described in subdivision (a): (1) The employer shall enter into a written contractual arrangement with the system under which the system, or a third-party administrator acting on behalf of the system, shall provide investment, recordkeeping, and administrative services for the deferred compensation plan. (2) The deferred compensation plan shall continue to constitute a separate plan established and maintained by the adopting employer. (3) The system shall be treated as acting on behalf of the employer in administering the deferred compensation plan. (4) The terms and administration of the deferred compensation plan shall be in accordance with the applicable provisions of Section 457 of the Internal Revenue Code. (5) In administering the deferred compensation plan on behalf of the employer, the board shall have the same investment authority and discretion and be subject to the same fiduciary standards pursuant to Chapter 4 (commencing with Section 22250), with respect to amounts deferred under the deferred compensation plan as applied by the system with respect to the Teachers’ Retirement Fund. (c) If an employer establishes and maintains a deferred compensation plan described in subdivision (a), the deferred compensation plan shall be offered to all of its employees who are eligible to participate pursuant to this section. (d) An employee participating in a deferred compensation plan established by an employer under this section shall enter into a written agreement with the employer for the deferral of compensation prior to the performance of the services to which that compensation relates. (e) If an employer chooses to establish and maintain a deferred compensation plan described in subdivision (a) that is to be administered by the system, the employer shall take all necessary or appropriate action to implement this section in cooperation with the system. (Amended by Stats. 2013, Ch. 558, Sec. 47. (AB 1379) Effective January 1, 2014.)
  110. 24976.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 37. Deferred Compensation Plans [24975 - 24977] ( Chapter 37 added by Stats. 1994, Ch. 489, Sec. 2. )

    Verify source ↗

    This section creates the Teachers’ Deferred Compensation Fund and directs how different revenues and assets must be deposited and 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 37. Deferred Compensation Plans [24975 - 24977] ( Chapter 37 added by Stats. 1994, Ch. 489, Sec. 2. ) ## 24976. (a) (1) The Teachers’ Deferred Compensation Fund is hereby established to serve as the repository of funds received by the system pursuant to this chapter, Chapter 36 (commencing with Section 24950) or Chapter 39 (commencing with Section 25100). (2) Except as described in paragraph (7), premium and fee revenues received by the system pursuant to Chapter 36 (commencing with Section 24950), except Section 24950.5, shall be deposited into the 403(b) Services Operating Account within the Teachers’ Deferred Compensation Fund, and shall only be used to carry out the purposes of that chapter, excluding Section 24950.5. (3) Premium and fee revenues received by the system pursuant to Section 24950.5 of Chapter 36 shall be deposited into the Roth IRA Operating Account within the Teachers’ Deferred Compensation Fund, and shall only be used to carry out the purposes of that section. (4) Premium and fee revenues received by the system pursuant to this chapter shall be deposited into the Deferred Compensation Services Operating Account within the Teachers’ Deferred Compensation Fund, and shall only be used to carry out the purposes of this chapter. (5) Compensation deferrals received by the system pursuant to this chapter shall be deposited into the Deferred Compensation Investment Account within the Teachers’ Deferred Compensation Fund, and shall only be used to carry out the purposes of this chapter. (6) Fee revenues received by the system pursuant to Chapter 39 (commencing with Section 25100) shall be deposited into the 403(b) Vendor Registry Operating Account within the Teachers’ Deferred Compensation Fund, and shall only be used to carry out the purposes of that chapter. (7) Fee revenues received by the system pursuant to Sections 24953 and 24977, and any assets in the Teachers’ Retirement Program Development Fund pursuant to Section 22307.5 as of January 1, 2008, shall be deposited into the Deferred Compensation Administrative and Compliance Services Operating Account within the Teachers’ Deferred Compensation Fund, and shall only be used to carry out the purposes of Sections 24953 and 24977. (8) Notwithstanding Section 13340 of the Government Code, all moneys in the Teachers’ Deferred Compensation Fund shall be continuously appropriated without regard to fiscal year to carry out the purposes of this chapter, Chapter 36 (commencing with Section 24950), and Chapter 39 (commencing with Section 25100). (b) With respect to deferred compensation plans administered pursuant to this chapter, and notwithstanding any other provision of law, the system may retain a bank or trust company, or a credit union, to serve as custodian of the moneys of the Teachers’ Deferred Compensation Fund and to provide for safekeeping, recordkeeping, delivery, securities valuation, or investment performance reporting services, or services in connection with investment of the Teachers’ Deferred Compensation Fund. (c) With respect to deferred compensation plans administered pursuant to this chapter, the Teachers’ Deferred Compensation Fund shall consist of the following sources and receipts, and disbursements shall be accounted for as set forth below: (1) Premiums determined by the system and paid by participating employers and employees for the cost of administering the deferred compensation plan. (2) Asset management fees as determined by the system assessed against investment earnings of investment option or of other investment funds. These fees shall be disclosed to employees participating in the deferred compensation plan. (3) Compensation deferrals to be paid in monthly installments by employers sponsoring deferred compensation plans described in Section 24975 for investment by the system. The moneys shall be deposited in the investment corpus account within the Teachers’ Deferred Compensation Fund and invested in accordance with the investment options selected by the participating employee. (4) Disbursements to participating employees shall be paid from a disbursement account within the Teachers’ Deferred Compensation Fund in accordance with applicable federal law pertaining to deferred compensation plans. (5) Income, of whatever nature, earned on the Teachers’ Deferred Compensation Fund shall be credited to the appropriate account. The accounts of participating employees of the employer shall be individually posted to reflect amounts of compensation deferred and investment gains and losses. A periodic statement shall be given to each participating employee. (6) The system shall have exclusive control of the administration and investment of the Teachers’ Deferred Compensation Fund. (7) All of the system’s costs of administering the deferred compensation plans pursuant to this chapter shall be recovered from the employees who participate in the plans or assets of the Teachers’ Deferred Compensation Fund in a manner acceptable to the board. (Amended by Stats. 2008, Ch. 432, Sec. 2. Effective January 1, 2009.)
  111. 24977.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 37. Deferred Compensation Plans [24975 - 24977] ( Chapter 37 added by Stats. 1994, Ch. 489, Sec. 2. )

    Verify source ↗

    This section lets certain employers contract with the system for deferred compensation plan services, and requires disclosures and safeguards if the system uses a third-party administrator.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 37. Deferred Compensation Plans [24975 - 24977] ( Chapter 37 added by Stats. 1994, Ch. 489, Sec. 2. ) ## 24977. (a) An employer that employs persons to perform creditable service subject to coverage by the plan under this part that offers a deferred compensation plan as described in Section 457 of the Internal Revenue Code may enter into a written contract with the system for services regarding that deferred compensation plan provided by the employer. That contract may include any of the following services: (1) Services to ensure compliance with Section 457 of the Internal Revenue Code regarding the deferred compensation plan including, but not limited to, services that permit the system to do any of the following: (A) Administer and maintain written plan documents governing the employer’s plan. (B) Review and authorize requests for unforeseeable emergency withdrawals, transfer requests, loan requests and other disbursements permitted under Section 457 of the Internal Revenue Code. (C) Review and determine domestic relations orders as qualified domestic relations orders as described in Section 414(p) of the Internal Revenue Code. (D) Provide notice to eligible employees that is consistent with Title 26 of the Code of Federal Regulations that those employees may participate in the deferred compensation plan. (E) Administer and maintain specimen salary reduction agreements for the employer and employees of that employer to initiate payroll deferrals. (F) Monitor, from information provided either directly from the employee, as part of the common remitting services provided pursuant to paragraph (2), through information provided by the employer, or through information provided by vendors authorized by the employer to provide investment products, the maximum contributions allowed by employees participating in the deferred compensation plan as described in Sections 414(v) and 457 of the Internal Revenue Code. (G) Calculate and maintain vesting information for contributions made by the employer to the deferred compensation plan. (H) Identify and notify employees that are required to take a minimum distribution of the funds in that employee’s deferred compensation plan as described in Section 401(a)(9) of the Internal Revenue Code. (I) Coordinate responses to the Internal Revenue Service if there is an Internal Revenue Service audit of the deferred compensation plan. (2) Services to administer the deferred compensation plan that include, but are not limited to, all of the following: (A) Common remitting services. (B) General educational information to employees about the deferred compensation plan that includes, but is not limited to, the enrollment process, program eligibility, and investment options. (C) Internal reports for the employer to ensure compliance with Section 457 of the Internal Revenue Code and Title 26 of the Code of Federal Regulations. (D) Consulting services related to the design, operation, and administration of the plan. (E) Internal audits, on behalf of an employer, of a provider’s plan compliance procedures with respect to the provider’s custodial account offered under the employer’s plan. These audits shall not be conducted more than once per year for any provider’s plan unless documented evidence indicates a problem in complying with Section 457 of the Internal Revenue Code. (b) The system may contract with a third-party administrator for the administrative and compliance services to employers described in subdivision (a). For purposes of this subdivision, a “third-party administrator” shall mean a person or entity other than the system that provides administrative or compliance services as described in subdivision (a). If the system contracts with a third-party administrator, the system shall do all of the following: (1) Determine that hiring a third-party administrator is in the best interest of the participants to the deferred compensation plan, their beneficiaries, and the employer that provides that deferred compensation plan. (2) Require the third-party administrator to provide proof of liability insurance and a fidelity bond in an amount determined by the system to be sufficient to protect the assets of participants and beneficiaries in the deferred compensation plan. (3) Require evidence, if the third-party administrator is related to or affiliated with a provider of investment products pursuant to Section 457 of the Internal Revenue Code, that data generated from the services provided by the third-party administrator are maintained in a manner that prevents the provider of investment products from accessing that data. (c) Nothing in this section requires an employer to contract with the system for the administrative or compliance services described in subdivision (a). A written contract for the administrative or compliance services described in subdivision (a) shall be on behalf of and at the request of the employer. (d) Any personal information obtained by the system in providing services pursuant to this section shall be used by the system only to provide those services for the employer in accordance with the contract entered into with the employer pursuant to subdivision (b). (e) The cost of providing administrative or compliance services pursuant to this section shall be deemed to be a cost incurred by the employer and subject to subdivision (b) of Section 44041 or subdivision (b) of Section 87040. (f) In any conflict between this section and Section 44041.5 or 87040.5, including with respect to the provision of services provided pursuant to a contract between an employer and the system, the provisions of this section shall prevail. (g) The system shall disclose to an employer seeking the services described in this section any fees, commissions, cost offsets, reimbursements, or marketing or promotional items received by the system or a third-party administrator from any plan provider selected as a vendor of a deferred compensation plan by the employer. If the system or a third-party administrator is affiliated with or has a contractual relationship with a provider of deferred compensation plans, the system or third-party administrator shall disclose the existence of that relationship to each employer and each individual participant in the deferred compensation plan. (Added by Stats. 2006, Ch. 780, Sec. 5. Effective January 1, 2007.)
  112. 250.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 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 8. Compliance [250 - 253] ( Heading of Article 8 renumbered from Article 5 by Stats. 1998, Ch. 914, Sec. 29. )

    Verify source ↗

    An educational institution must give the funding agency an assurance of compliance before receiving state financial assistance or student aid.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 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 8. Compliance [250 - 253] ( Heading of Article 8 renumbered from Article 5 by Stats. 1998, Ch. 914, Sec. 29. ) ## 250. Prior to receipt of any state financial assistance or state student financial aid, an educational institution shall provide assurance to the agency administering the funds, in the manner required by the funding agency, that each program or activity conducted by the educational institution will be conducted in compliance with the provisions of this chapter and all other applicable provisions of state law prohibiting discrimination. A single assurance, not more than one page in length and signed by an appropriate responsible official of the educational institution, may be provided for all the programs and activities conducted by an educational institution. (Amended by Stats. 1998, Ch. 914, Sec. 30. Effective January 1, 1999.)
  113. 25000.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 38. Defined Benefit Supplement Program [25000 - 25025] ( Chapter 38 added by Stats. 2000, Ch. 74, Sec. 69. ) ## ARTICLE 1. General Provisions [25000 - 25000.9] ( Article 1 added by Stats. 2000, Ch. 74, Sec. 69. )

    Verify source ↗

    The Defined Benefit Supplement Program is established to provide supplemental benefits for members of the Defined Benefit Program, and the Teachers’ Retirement Board must administer it 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 38. Defined Benefit Supplement Program [25000 - 25025] ( Chapter 38 added by Stats. 2000, Ch. 74, Sec. 69. ) ## ARTICLE 1. General Provisions [25000 - 25000.9] ( Article 1 added by Stats. 2000, Ch. 74, Sec. 69. ) ## 25000. The Defined Benefit Supplement Program is hereby established to provide supplemental benefits for members of the Defined Benefit Program. The Teachers’ Retirement Board shall administer the Defined Benefit Supplement Program in accordance with the provisions of this part. (Amended (as added by Stats. 2000, Ch. 74) by Stats. 2000, Ch. 1021, Sec. 45. Effective January 1, 2001.)
  114. 25000.5.

    ## 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 38. Defined Benefit Supplement Program [25000 - 25025] ( Chapter 38 added by Stats. 2000, Ch. 74, Sec. 69. ) ## ARTICLE 1. General Provisions [25000 - 25000.9] ( Article 1 added by Stats. 2000, Ch. 74, Sec. 69. )

    Verify source ↗

    The Defined Benefit Supplement Program must comply with the Internal Revenue Code and the Revenue and Taxation Code, and the board may amend the plan for listed purposes.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 38. Defined Benefit Supplement Program [25000 - 25025] ( Chapter 38 added by Stats. 2000, Ch. 74, Sec. 69. ) ## ARTICLE 1. General Provisions [25000 - 25000.9] ( Article 1 added by Stats. 2000, Ch. 74, Sec. 69. ) ## 25000.5. The design and administration of the Defined Benefit Supplement Program shall comply with the applicable provisions of the Internal Revenue Code and the Revenue and Taxation Code. The board may amend the plan with respect to the Defined Benefit Supplement Program to do any of the following: (a) Comply with applicable federal law and regulations to the extent permitted by law. (b) Adopt or amend actuarial assumptions. (c) Designate the initial plan year. (d) Declare the annual the minimum interest rate. (e) Declare an additional earnings credit. (f) Declare an additional annuity credit. (Amended (as added by Stats. 2000, Ch. 74) by Stats. 2000, Ch. 1021, Sec. 46. Effective January 1, 2001.)
  115. 25000.7.

    ## 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 38. Defined Benefit Supplement Program [25000 - 25025] ( Chapter 38 added by Stats. 2000, Ch. 74, Sec. 69. ) ## ARTICLE 1. General Provisions [25000 - 25000.9] ( Article 1 added by Stats. 2000, Ch. 74, Sec. 69. )

    Verify source ↗

    A member has a vested right to a Defined Benefit Supplement benefit equal to the balance in the member’s account, and a qualifying recipient may choose a direct rollover to an eligible retirement plan under board-set terms.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 38. Defined Benefit Supplement Program [25000 - 25025] ( Chapter 38 added by Stats. 2000, Ch. 74, Sec. 69. ) ## ARTICLE 1. General Provisions [25000 - 25000.9] ( Article 1 added by Stats. 2000, Ch. 74, Sec. 69. ) ## 25000.7. (a) A member shall have a vested right to a benefit under the Defined Benefit Supplement Program in an amount equal to the balance of credits in the member’s Defined Benefit Supplement account. That right shall accrue when the member’s Defined Benefit Supplement account is established pursuant to Section 25004. (b) If a person becomes entitled to a distribution from the program under this part that constitutes an eligible rollover distribution within the meaning of Section 401(a)(31) of Title 26 of the United States Code, the person may elect, under terms and conditions established by the board, to have the distribution or a portion thereof paid directly to a plan that constitutes an eligible retirement plan within the meaning of Section 401(a)(31), as specified by that person. Upon the exercise of the election by a person with respect to a distribution or a portion thereof, the distribution from the program of the amount so designated, once distributable under the terms of the program, shall be made in the form of a direct rollover to the eligible retirement plan so specified. (Added by Stats. 2000, Ch. 74, Sec. 69. Effective January 1, 2001.)
  116. 25000.9.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 38. Defined Benefit Supplement Program [25000 - 25025] ( Chapter 38 added by Stats. 2000, Ch. 74, Sec. 69. ) ## ARTICLE 1. General Provisions [25000 - 25000.9] ( Article 1 added by Stats. 2000, Ch. 74, Sec. 69. )

    Verify source ↗

    This section defines “nonmember spouse,” treats certain registered domestic partners the same way, and says a nonmember spouse cannot be treated as a member just because they receive certain retirement-related awards.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 38. Defined Benefit Supplement Program [25000 - 25025] ( Chapter 38 added by Stats. 2000, Ch. 74, Sec. 69. ) ## ARTICLE 1. General Provisions [25000 - 25000.9] ( Article 1 added by Stats. 2000, Ch. 74, Sec. 69. ) ## 25000.9. (a) For purposes of this chapter and Section 23300, “nonmember spouse” means a member’s spouse or former spouse who is being or has been awarded a community property interest in the service credit, accumulated retirement contributions, accumulated Defined Benefit Supplement account balance, or benefits of the member under this part. (b) For purposes of this chapter and Section 23300, a member’s registered domestic partner or former registered domestic partner who is being or has been awarded a community property interest in the service credit, accumulated retirement contributions, accumulated Defined Benefit Supplement account balance, or benefits of the member under this part shall be treated in the same manner as a nonmember spouse. (c) A nonmember spouse may not be considered a member based upon his or her receipt of any of the following being awarded to the nonmember spouse as a result of legal separation, dissolution of marriage, or dissolution of domestic partnership: (1) A separate account of service credit and accumulated retirement contributions, a retirement allowance, or an interest in the member’s retirement allowance under the Defined Benefit Program. (2) A separate account based on the member’s Defined Benefit Supplement account balance, a retirement benefit, or an interest in the member’s retirement benefit under the Defined Benefit Supplement Program. (Amended by Stats. 2005, Ch. 418, Sec. 8. Effective January 1, 2006.)
  117. 25001.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 38. Defined Benefit Supplement Program [25000 - 25025] ( Chapter 38 added by Stats. 2000, Ch. 74, Sec. 69. ) ## ARTICLE 2. Program Accounts [25001 - 25008.5] ( Article 2 added by Stats. 2000, Ch. 74, Sec. 69. )

    Verify source ↗

    The board must create and manage the Gain and Loss Reserve account and has sole authority over 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 38. Defined Benefit Supplement Program [25000 - 25025] ( Chapter 38 added by Stats. 2000, Ch. 74, Sec. 69. ) ## ARTICLE 2. Program Accounts [25001 - 25008.5] ( Article 2 added by Stats. 2000, Ch. 74, Sec. 69. ) ## 25001. (a) The board shall establish a segregated account within the retirement fund to be known as the Gain and Loss Reserve, and the board shall have sole authority over the reserve. The Gain and Loss Reserve shall be maintained for the Defined Benefit Supplement Program and may be used to credit interest at the minimum interest rate for plan years in which the board determines that the obligation cannot be met from investment earnings. The Gain and Loss Reserve may also be used to provide additions to the Annuitant Reserve for monthly annuities payable under the Defined Benefit Supplement Program. (b) The board shall establish a goal for the balance of the Gain and Loss Reserve and periodically shall review the sufficiency of the reserve based on the recommendations of the actuary. (c) The board may allocate excess earnings of the plan with respect to assets attributable to the Defined Benefit Supplement Program to the Gain and Loss Reserve. In addition, the board may allocate any liability gains and losses attributable to the Defined Benefit Supplement Program to the Gain and Loss Reserve. Upon the recommendation of the actuary, the board shall determine annually the amount, if any, that is to be allocated to the Gain and Loss Reserve for that plan year. That determination shall be made upon recommendation of the actuary based on the actuarial valuation undertaken following the plan year pursuant to Section 22311.5, but no later than June 30 following the end of the plan year. In determining whether to allocate excess earnings to the Gain and Loss Reserve, the board shall consider all of the following: (1) Whether or not the plan has excess earnings attributable to the Defined Benefit Supplement Program. (2) The sufficiency of the Gain and Loss Reserve in light of the goal established pursuant to subdivision (b). (3) The amount required for the plan’s administrative costs with respect to the Defined Benefit Supplement Program. (4) The amount required for crediting members’ accounts at the minimum interest rate. (d) In determining whether to allocate liability gains and losses to the Gain and Loss Reserve, the board shall consider the matters described in paragraphs (2), (3), and (4) of subdivision (c). (Amended by Stats. 2016, Ch. 218, Sec. 38. (SB 1352) Effective January 1, 2017.)
  118. 25002.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 38. Defined Benefit Supplement Program [25000 - 25025] ( Chapter 38 added by Stats. 2000, Ch. 74, Sec. 69. ) ## ARTICLE 2. Program Accounts [25001 - 25008.5] ( Article 2 added by Stats. 2000, Ch. 74, Sec. 69. )

    Verify source ↗

    The board must create and maintain the Annuitant Reserve, controls it exclusively, and move certain member account credits into it when an annuity benefit is paid.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 38. Defined Benefit Supplement Program [25000 - 25025] ( Chapter 38 added by Stats. 2000, Ch. 74, Sec. 69. ) ## ARTICLE 2. Program Accounts [25001 - 25008.5] ( Article 2 added by Stats. 2000, Ch. 74, Sec. 69. ) ## 25002. The board shall establish and maintain a segregated account within the retirement fund to be known as the Annuitant Reserve and the board shall have sole authority over the reserve. The Annuitant Reserve shall be used for the payment of annuities under the Defined Benefit Supplement Program. The board shall transfer the balance of credits in a member’s accumulated Defined Benefit Supplement account to the reserve when a benefit is to be paid as an annuity. (Amended (as added by Stats. 2000, Ch. 74) by Stats. 2000, Ch. 1021, Sec. 48. Effective January 1, 2001.)
  119. 25003.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 38. Defined Benefit Supplement Program [25000 - 25025] ( Chapter 38 added by Stats. 2000, Ch. 74, Sec. 69. ) ## ARTICLE 2. Program Accounts [25001 - 25008.5] ( Article 2 added by Stats. 2000, Ch. 74, Sec. 69. )

    Verify source ↗

    The board may transfer amounts between the Gain and Loss Reserve and the Annuitant Reserve if the actuary recommends 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 38. Defined Benefit Supplement Program [25000 - 25025] ( Chapter 38 added by Stats. 2000, Ch. 74, Sec. 69. ) ## ARTICLE 2. Program Accounts [25001 - 25008.5] ( Article 2 added by Stats. 2000, Ch. 74, Sec. 69. ) ## 25003. The board may transfer amounts between the Gain and Loss Reserve and the Annuitant Reserve upon the recommendation of the actuary. (Added by Stats. 2000, Ch. 74, Sec. 69. Effective January 1, 2001.)
  120. 25004.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 38. Defined Benefit Supplement Program [25000 - 25025] ( Chapter 38 added by Stats. 2000, Ch. 74, Sec. 69. ) ## ARTICLE 2. Program Accounts [25001 - 25008.5] ( Article 2 added by Stats. 2000, Ch. 74, Sec. 69. )

    Verify source ↗

    Member accounts in the Defined Benefit Supplement Program are nominal accounts, contributions are credited to the member’s account with interest and earnings, and the member has no claim to specific assets.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 38. Defined Benefit Supplement Program [25000 - 25025] ( Chapter 38 added by Stats. 2000, Ch. 74, Sec. 69. ) ## ARTICLE 2. Program Accounts [25001 - 25008.5] ( Article 2 added by Stats. 2000, Ch. 74, Sec. 69. ) ## 25004. Member accounts under the Defined Benefit Supplement Program shall be nominal accounts. Member contributions and employer contributions on behalf of the member that are specifically identified as creditable to the Defined Benefit Supplement Program shall be treated as credits to the member’s Defined Benefit Supplement account, together with interest credited at the minimum interest rate and additional earnings credit thereon. The balance of credits in a member’s account shall determine the amount to which the member is entitled under the Defined Benefit Supplement Program upon termination of employment subject to coverage by the plan. The member shall not have a right or claim to any specific assets of the account, program, plan, or retirement fund. (Added by Stats. 2000, Ch. 74, Sec. 69. Effective January 1, 2001.)
  121. 25005.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 38. Defined Benefit Supplement Program [25000 - 25025] ( Chapter 38 added by Stats. 2000, Ch. 74, Sec. 69. ) ## ARTICLE 2. Program Accounts [25001 - 25008.5] ( Article 2 added by Stats. 2000, Ch. 74, Sec. 69. )

    Verify source ↗

    The board must set the annual interest rate for Defined Benefit Supplement accounts and adopt a related plan amendment before each plan year.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 38. Defined Benefit Supplement Program [25000 - 25025] ( Chapter 38 added by Stats. 2000, Ch. 74, Sec. 69. ) ## ARTICLE 2. Program Accounts [25001 - 25008.5] ( Article 2 added by Stats. 2000, Ch. 74, Sec. 69. ) ## 25005. (a) Prior to July 1 of the initial plan year, and prior to the beginning of each plan year thereafter, the board shall adopt a plan amendment with respect to the Defined Benefit Supplement Program to declare the rate at which interest shall be credited to Defined Benefit Supplement accounts for the following plan year. (b) The minimum interest rate declared annually by the board shall be in accordance with applicable federal laws and related regulations and shall not be less than the rate at which interest is credited under the Defined Benefit Program. (c) Interest shall be credited to Defined Benefit Supplement accounts and shall be computed at the minimum interest rate on the balance of credits in a member’s account and shall be compounded daily. (d) Credited interest shall not be applied to the balance of credits in a member’s Defined Benefit Supplement account that has been transferred to the Annuitant Reserve. (Added by Stats. 2000, Ch. 74, Sec. 69. Effective January 1, 2001.)
  122. 25006.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 38. Defined Benefit Supplement Program [25000 - 25025] ( Chapter 38 added by Stats. 2000, Ch. 74, Sec. 69. ) ## ARTICLE 2. Program Accounts [25001 - 25008.5] ( Article 2 added by Stats. 2000, Ch. 74, Sec. 69. )

    Verify source ↗

    The board may declare an additional earnings credit for Defined Benefit Supplement accounts, but it must consider listed financial factors first and follow timing and amendment 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 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 38. Defined Benefit Supplement Program [25000 - 25025] ( Chapter 38 added by Stats. 2000, Ch. 74, Sec. 69. ) ## ARTICLE 2. Program Accounts [25001 - 25008.5] ( Article 2 added by Stats. 2000, Ch. 74, Sec. 69. ) ## 25006. (a) The board may declare an additional earnings credit to be applied to Defined Benefit Supplement accounts for a plan year. Prior to declaring an additional earnings credit, the board shall consider all of the following: (1) Whether the plan’s investment earnings with respect to the Defined Benefit Supplement Program for the plan year exceed the amount required to meet the liabilities identified in paragraphs (2), (3), and (4). (2) The amount required for the plan year to credit interest on members’ nominal accounts at the minimum interest rate. (3) The amount of the plan’s administrative expenses with respect to the Defined Benefit Supplement Program for the plan year. (4) The sufficiency of the Gain and Loss Reserve and whether any additions must be made to that reserve. (b) For any plan year that the board declares an additional earnings credit, the board shall specify the amount to be added to members’ accounts as a percentage increase. The additional earnings credit shall be applied to the balance of credits in each member’s nominal account as of the last day of the plan year and shall be applied as of the date specified by the board. The additional earnings credit shall not be added to the balance of credits transferred from a member’s Defined Benefit Supplement account to the Annuitant Reserve. (c) The declaration of an additional earnings credit shall be made as a plan amendment adopted by the board with respect to the Defined Benefit Supplement Program upon recommendation of the actuary based on the actuarial valuation undertaken following the plan year pursuant to Section 22311.5, but no later than June 30 following the end of the plan year. (Amended by Stats. 2016, Ch. 218, Sec. 39. (SB 1352) Effective January 1, 2017.)
  123. 25007.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 38. Defined Benefit Supplement Program [25000 - 25025] ( Chapter 38 added by Stats. 2000, Ch. 74, Sec. 69. ) ## ARTICLE 2. Program Accounts [25001 - 25008.5] ( Article 2 added by Stats. 2000, Ch. 74, Sec. 69. )

    Verify source ↗

    If the board declares an additional earnings credit for a plan year, it may also declare an additional annuity credit by plan amendment. Before doing so, the board must consider specified funding and obligation 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 38. Defined Benefit Supplement Program [25000 - 25025] ( Chapter 38 added by Stats. 2000, Ch. 74, Sec. 69. ) ## ARTICLE 2. Program Accounts [25001 - 25008.5] ( Article 2 added by Stats. 2000, Ch. 74, Sec. 69. ) ## 25007. When the board declares an additional earnings credit for a plan year, the board also may declare by plan amendment an additional annuity credit, for members and annuity beneficiaries who are receiving an annuity as of the date specified by the board pursuant to Section 25006, based on the annuity of the member and annuity beneficiaries for the plan year. The additional annuity credit shall be paid in a lump sum to the members and annuity beneficiaries on the date specified by the board. In addition to the considerations specified in Section 25006, prior to declaring an additional earnings credit, the board shall consider both of the following: (a) The amount required for the plan year to apply the additional earnings credit to the Defined Benefit Supplement accounts of members who are not receiving an annuity under the Defined Benefit Supplement Program for the plan year. (b) Any other obligations incurred by the plan with respect to the Defined Benefit Supplement Program. (Amended by Stats. 2009, Ch. 304, Sec. 26. (SB 634) Effective January 1, 2010.)
  124. 25008.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 38. Defined Benefit Supplement Program [25000 - 25025] ( Chapter 38 added by Stats. 2000, Ch. 74, Sec. 69. ) ## ARTICLE 2. Program Accounts [25001 - 25008.5] ( Article 2 added by Stats. 2000, Ch. 74, Sec. 69. )

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    A member’s Defined Benefit Supplement account balance becomes vested when contributions are first credited to the account.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 38. Defined Benefit Supplement Program [25000 - 25025] ( Chapter 38 added by Stats. 2000, Ch. 74, Sec. 69. ) ## ARTICLE 2. Program Accounts [25001 - 25008.5] ( Article 2 added by Stats. 2000, Ch. 74, Sec. 69. ) ## 25008. A member’s right to an amount equal to the member’s Defined Benefit Supplement account balance shall be vested at the time contributions are initially credited to the member’s account. (Amended (as added by Stats. 2000, Ch. 74) by Stats. 2000, Ch. 1021, Sec. 50. Effective January 1, 2001.)
  125. 25008.5.

    ## 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 38. Defined Benefit Supplement Program [25000 - 25025] ( Chapter 38 added by Stats. 2000, Ch. 74, Sec. 69. ) ## ARTICLE 2. Program Accounts [25001 - 25008.5] ( Article 2 added by Stats. 2000, Ch. 74, Sec. 69. )

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    If the stated conditions are met, the system must pay the member’s Defined Benefit Supplement account balance as a lump sum by March 31, 2010.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 38. Defined Benefit Supplement Program [25000 - 25025] ( Chapter 38 added by Stats. 2000, Ch. 74, Sec. 69. ) ## ARTICLE 2. Program Accounts [25001 - 25008.5] ( Article 2 added by Stats. 2000, Ch. 74, Sec. 69. ) ## 25008.5. Notwithstanding any other law, if (a) a member or beneficiary whose effective date for a benefit received pursuant to any other chapter of this part was prior to January 1, 2010, (b) the member or beneficiary was required to receive a distribution of the balance of credits from the member’s Defined Benefit Supplement account pursuant to this chapter, and (c) the member or beneficiary failed to submit an application for the distribution of the member’s Defined Benefit Supplement account prior to January 1, 2010, the system shall distribute the balance of credits in the member’s Defined Benefit Supplement account in a lump-sum payment to the member or beneficiary, as applicable, by March 31, 2010. (Added by Stats. 2009, Ch. 304, Sec. 27. (SB 634) Effective January 1, 2010.)
  126. 25009.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 38. Defined Benefit Supplement Program [25000 - 25025] ( Chapter 38 added by Stats. 2000, Ch. 74, Sec. 69. ) ## ARTICLE 3. Retirement Benefits [25009 - 25011.6] ( Article 3 added by Stats. 2000, Ch. 74, Sec. 69. )

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    A member’s Defined Benefit Supplement retirement benefit equals the balance in the member’s account when it becomes payable, and the member chooses whether it is paid as a lump sum, an annuity, or both.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 38. Defined Benefit Supplement Program [25000 - 25025] ( Chapter 38 added by Stats. 2000, Ch. 74, Sec. 69. ) ## ARTICLE 3. Retirement Benefits [25009 - 25011.6] ( Article 3 added by Stats. 2000, Ch. 74, Sec. 69. ) ## 25009. (a) A member’s retirement benefit under the Defined Benefit Supplement Program shall be an amount equal to the balance of credits in the member’s Defined Benefit Supplement account on the date the retirement benefit becomes payable. (b) A retirement benefit shall be a lump-sum payment, or an annuity payable in monthly installments, or a combination of both a lump-sum payment and an annuity, as elected by the member on the application for a retirement benefit. Any retirement benefit paid as an annuity under this chapter shall be subject to Section 25011 or 25011.1. (c) Upon distribution of the entire retirement benefit in a lump-sum payment, no other benefit shall be payable to the member or the member’s beneficiary under the Defined Benefit Supplement Program. (d) A member may not apply a lump-sum payment made to the member pursuant to this section for any of the following purposes: (1) 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). (2) Redepositing previously refunded retirement contributions pursuant to Chapter 19 (commencing with Section 23200). (Amended by Stats. 2007, Ch. 323, Sec. 18. Effective January 1, 2008.)
  127. 25010.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 38. Defined Benefit Supplement Program [25000 - 25025] ( Chapter 38 added by Stats. 2000, Ch. 74, Sec. 69. ) ## ARTICLE 3. Retirement Benefits [25009 - 25011.6] ( Article 3 added by Stats. 2000, Ch. 74, Sec. 69. )

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    A qualifying member must receive a Defined Benefit Supplement Program retirement benefit, the employer must certify termination of employment, the member must file an application, and a post-2010 service retiree cannot get a Chapter 27 allowance without a completed 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 38. Defined Benefit Supplement Program [25000 - 25025] ( Chapter 38 added by Stats. 2000, Ch. 74, Sec. 69. ) ## ARTICLE 3. Retirement Benefits [25009 - 25011.6] ( Article 3 added by Stats. 2000, Ch. 74, Sec. 69. ) ## 25010. (a) A member who meets the following eligibility requirements shall receive a retirement benefit under the Defined Benefit Supplement Program: (1) The member has terminated all employment to perform creditable service subject to coverage by the plan. The member’s employer, or employers if the member has multiple employers, shall certify on a form prescribed by the system that the member’s employment has been terminated. (2) The member has retired for service under the Defined Benefit Program pursuant to Chapter 27 (commencing with Section 24201). (b) A member shall submit an application for a retirement benefit on a form prescribed by the system. (c) A member retiring for service pursuant to Chapter 27 (commencing with Section 24201) on or after January 1, 2010, shall not receive an allowance pursuant to Chapter 27 unless the member has submitted a completed application pursuant to subdivision (b). (Amended by Stats. 2009, Ch. 304, Sec. 28. (SB 634) Effective January 1, 2010.)
  128. 25011.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 38. Defined Benefit Supplement Program [25000 - 25025] ( Chapter 38 added by Stats. 2000, Ch. 74, Sec. 69. ) ## ARTICLE 3. Retirement Benefits [25009 - 25011.6] ( Article 3 added by Stats. 2000, Ch. 74, Sec. 69. )

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    Members and, in some cases, nonmember spouses may choose annuity payment options for the retirement benefit, but certain elections are limited by balance and date 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 38. Defined Benefit Supplement Program [25000 - 25025] ( Chapter 38 added by Stats. 2000, Ch. 74, Sec. 69. ) ## ARTICLE 3. Retirement Benefits [25009 - 25011.6] ( Article 3 added by Stats. 2000, Ch. 74, Sec. 69. ) ## 25011. (a) A member or nonmember spouse may elect to receive the retirement benefit as an annuity payable in monthly installments, provided the balance of credits in the member’s or nonmember spouse’s respective Defined Benefit Supplement account on the date the retirement benefit becomes payable equals at least three thousand five hundred dollars ($3,500) after any lump-sum payments have been made from the account. (b) If the member elects to receive the retirement benefit as an annuity, the member shall elect one of the following forms of payment: (1) A single life annuity without a cash refund feature. This form of payment is the actuarial equivalent of the amount that would be payable to the member if the member elected to receive the retirement benefit in a lump-sum payment. Upon the death of the member, no other benefit shall be payable to the member’s beneficiary under the Defined Benefit Supplement Program. (2) A single life annuity with a cash refund feature. This form of payment is the actuarial equivalent of the amount that would be payable to the member if the member elected to receive the retirement benefit in a lump-sum payment. Upon the death of the member, an amount equal to the remaining balance, if any, of credits transferred from the member’s Defined Benefit Supplement account to the Annuitant Reserve shall be returned in a lump-sum payment to the member’s beneficiary. (3) A 100-percent joint and survivor annuity with a “pop-up” feature. This form of payment is the actuarial equivalent of the lump-sum payment modified to be payable over the combined lives of the member and the member’s annuity beneficiary. Upon the death of the member, the same monthly amount that was payable to the member shall be paid monthly to the member’s surviving annuity beneficiary. However, if the annuity beneficiary predeceases the member, the annuity payable to the member shall be the single life annuity with a cash refund feature that would have been payable had the member elected that form of payment at the commencement of the benefit. That single life annuity shall be payable as of the day following the date of the annuity beneficiary’s death upon receipt by the system of proof of the annuity beneficiary’s death. If the annuity beneficiary predeceases the member and the member designates a new option beneficiary pursuant to Section 24323, the new option beneficiary shall be the new annuity beneficiary. The effective date shall be six months following the date notification, on a properly executed form, is received by the board, provided both the member and the new annuity beneficiary are then living. The new annuity beneficiary under this paragraph is subject to an actuarial modification of the single life annuity with a cash refund feature and may not result in any additional liability to the fund. The new annuity beneficiary may not be an existing annuity beneficiary. (4) A 50-percent joint and survivor annuity with a “pop-up” feature. This form of payment is the actuarial equivalent of the lump-sum payment modified to be payable over the combined lives of the member and the member’s annuity beneficiary. Upon the death of the member, one-half of the monthly amount that was payable to the member shall be paid monthly to the member’s surviving annuity beneficiary. However, if the annuity beneficiary predeceases the member, the annuity payable to the member shall be the single life annuity with a cash refund feature that would have been payable had the member elected that form of payment at the commencement of the benefit. That single life annuity shall be payable as of the day following the date of the annuity beneficiary’s death upon receipt by the system of proof of the annuity beneficiary’s death. If the annuity beneficiary predeceases the member and the member designates a new option beneficiary pursuant to Section 24323, the new option beneficiary shall be the new annuity beneficiary. The effective date shall be six months following the date notification, on a properly executed form, is received by the board, provided both the member and the new annuity beneficiary are then living. The new annuity beneficiary under this paragraph is subject to an actuarial modification of the single life annuity with a cash refund feature and may not result in any additional liability to the fund. The new annuity beneficiary may not be an existing annuity beneficiary. (5) A period certain annuity. This form of payment is an annuity equal to the actuarial equivalent of the balance of credits in the member’s Defined Benefit Supplement account on the date the retirement benefit becomes payable. The annuity shall be payable in whole year increments over a period of years specified by the member, from a minimum of three years to a maximum of 10 years subject to life expectancy tables promulgated pursuant to Section 401(a)(9) of the Internal Revenue Code. If the member’s death occurs prior to the end of the period certain, the remaining balance of payments shall be paid to the member’s beneficiary pursuant to Section 25022. (c) If a nonmember spouse elects to receive the retirement benefit as an annuity, the nonmember spouse shall elect the form of payment specified in paragraph (1), (2), or (5) of subdivision (b) and, in those paragraphs, references to a “member” shall apply to the nonmember spouse. (d) On or after January 1, 2007, a member may not make a new election of a joint and survivor annuity described in subdivision (b), except as provided by subdivision (e) of Section 25011.1. (e) Any member with a retirement effective on or after January 1, 2007, shall elect an annuity from the annuities described in Section 25011.1. (Amended by Stats. 2018, Ch. 416, Sec. 18. (SB 1165) Effective January 1, 2019.)
  129. 25011.1.

    ## 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 38. Defined Benefit Supplement Program [25000 - 25025] ( Chapter 38 added by Stats. 2000, Ch. 74, Sec. 69. ) ## ARTICLE 3. Retirement Benefits [25009 - 25011.6] ( Article 3 added by Stats. 2000, Ch. 74, Sec. 69. )

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    This section lets a member choose an annuity retirement benefit if the account balance is at least $3,500, and it sets the payment forms and beneficiary 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 38. Defined Benefit Supplement Program [25000 - 25025] ( Chapter 38 added by Stats. 2000, Ch. 74, Sec. 69. ) ## ARTICLE 3. Retirement Benefits [25009 - 25011.6] ( Article 3 added by Stats. 2000, Ch. 74, Sec. 69. ) ## 25011.1. (a) A member may elect to receive the retirement benefit as an annuity payable in monthly installments, provided the balance of credits in the member’s Defined Benefit Supplement account on the date the retirement benefit becomes payable equals at least three thousand five hundred dollars ($3,500) after any lump-sum payments have been made from the account. If the member elects to receive the retirement benefit as an annuity, the member shall elect one of the following forms of payments: (1) Member only annuity. This is a single life annuity with a cash refund feature that is the actuarial equivalent of the amount that would be payable to the retired member if the member elected to receive the retirement benefit in a lump-sum payment. Upon the death of the member, an amount equal to the remaining balance of credits, if any, transferred from the member’s Defined Benefit Supplement account to the Annuitant Reserve shall be returned in a lump-sum payment to the beneficiary of the member. (2) One hundred percent beneficiary annuity. This is a joint and survivor annuity that is the actuarial equivalent of the lump-sum payment modified to be payable over the combined lives of the member and the member’s annuity beneficiary or beneficiaries. Upon the death of the member, 100 percent of the monthly amount that was payable to the member shall be paid monthly to the surviving annuity beneficiary or beneficiaries of the member. (3) Seventy-five percent beneficiary annuity. This is a joint and survivor annuity that is the actuarial equivalent of the lump-sum payment modified to be payable over the combined lives of the member and the member’s annuity beneficiary. Pursuant to Section 401(a)(9) of the Internal Revenue Code, the member shall not elect this annuity if a beneficiary is more than exactly 19 years younger than the member, unless the beneficiary is the member’s spouse or former spouse and the election is pursuant to a determination of community property rights. Upon the death of the member, 75 percent of the monthly amount that was payable to the member shall be paid monthly to the surviving annuity beneficiary or beneficiaries of the member. (4) Fifty percent beneficiary annuity. This is a joint and survivor annuity that is the actuarial equivalent of the lump-sum payment modified to be payable over the combined lives of the member and the member’s annuity beneficiary or beneficiaries. Upon the death of the member, 50 percent of the monthly amount that was payable to the member shall be paid monthly to the surviving annuity beneficiary or beneficiaries of the member. (5) A period certain annuity. This form of payment is an annuity equal to the actuarial equivalent of the balance of credits in the member’s Defined Benefit Supplement account on the date the retirement benefit becomes payable. The annuity shall be payable in whole year increments over a period of years specified by the member, from a minimum of three years to a maximum of 10 years subject to life expectancy tables promulgated pursuant to Section 401(a)(9) of the Internal Revenue Code. If the member’s death occurs prior to the end of the period certain, the remaining balance of payments shall be paid to the member’s beneficiary pursuant to Section 25022. (b) If an annuity beneficiary designated pursuant to paragraph (2), (3), or (4) of subdivision (a) predeceases the member, the annuity shall be paid to the member as the member only annuity that would have been payable had the member elected that form of payment at the commencement of the benefit. That member only annuity shall be payable as of the day following the date of the annuity beneficiary’s death upon receipt by the system of proof of the annuity beneficiary’s death. If the annuity beneficiary predeceases the member and the member designates a new option beneficiary pursuant to Section 24323, the new option beneficiary shall be the new annuity beneficiary. The effective date shall be six months following the date notification is received by the board, provided both the member and the new annuity beneficiary are then living. Notice to the board of the death of the annuity beneficiary shall be on a properly executed form provided by the system. The new annuity beneficiary under this paragraph is subject to an actuarial modification of the member only annuity and shall not result in any additional liability to the fund. The new annuity beneficiary shall not be an existing annuity beneficiary. (c) If a nonmember spouse elects to receive the retirement benefit as an annuity, the nonmember spouse shall elect the form of payment specified in paragraph (1) or (5) of subdivision (a) and, in those paragraphs, references to a “member” shall apply to the nonmember spouse. (d) Notwithstanding Section 297 or 299.2 of the Family Code, a spouse as described in paragraph (3) or (5) of subdivision (a) does not include the domestic partner of the member, pursuant to Section 7 of Title 1 of the United States Code. (e) 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 annuity that is required by the judgment or court order. This part does not permit the member to change the annuity to the detriment of the community property interest of the nonmember spouse. (Amended by Stats. 2019, Ch. 497, Sec. 40. (AB 991) Effective January 1, 2020.)
  130. 25011.5.

    ## 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 38. Defined Benefit Supplement Program [25000 - 25025] ( Chapter 38 added by Stats. 2000, Ch. 74, Sec. 69. ) ## ARTICLE 3. Retirement Benefits [25009 - 25011.6] ( Article 3 added by Stats. 2000, Ch. 74, Sec. 69. )

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    A retired member who elected an annuity under Section 25011 may change annuities only if the section’s conditions are met, and the system must process notices and cancellations within the stated 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 38. Defined Benefit Supplement Program [25000 - 25025] ( Chapter 38 added by Stats. 2000, Ch. 74, Sec. 69. ) ## ARTICLE 3. Retirement Benefits [25009 - 25011.6] ( Article 3 added by Stats. 2000, Ch. 74, Sec. 69. ) ## 25011.5. (a) A member who retired and elected an annuity pursuant to Section 25011 may elect to change annuities, subject to all of the following: (1) A member who elected a single life annuity with or without a cash refund feature or elects a period certain annuity may not change his or her annuity. (2) A member who elected an annuity under paragraph (3) or (4) of subdivision (a) of Section 25011 may elect an annuity under paragraph (3) of subdivision (a) of Section 25011.1. (3) The election by the member under this section is made on or after January 1, 2007, and prior to July 1, 2007. (4) The member designates the same beneficiary that was designated under the prior annuity election by the member, if the annuity and annuity designation was effective on December 31, 2006. (5) The member and the annuity 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 annuity beneficiary are not afflicted with a known terminal illness. (6) The annuity beneficiary has not predeceased the member as of the effective date of the change in the annuity by the member. (b) The change in the annuity 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 annuity elected by the member. (d) If the member and the annuity beneficiary are alive and not afflicted with a known terminal illness, a member may cancel the election to change annuities and elect to receive the benefit according to the preexisting annuity election. After cancellation, the member may elect to make a one-time change from the preexisting annuity to any other annuity 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 annuity beneficiary are alive and not afflicted with a known terminal illness, the system shall allow a member to cancel the election to change annuities and elect to receive the benefit according to the preexisting annuity election. After cancellation, the member may elect to make a one-time change from the preexisting annuity to any other annuity 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 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. (f) If the member elects to change his or her annuity as described in subdivision (a), the annuity of the member shall be modified in a manner determined by the board to prevent any additional liability to the plan. (g) References to a “member” in paragraph (1) of subdivision (a) shall apply to the nonmember spouse. (h) The member shall not change annuities in derogation of a spouse’s or former spouse’s community property rights as specified in a court order. (Amended by Stats. 2013, Ch. 558, Sec. 48. (AB 1379) Effective January 1, 2014.)
  131. 25011.6.

    ## 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 38. Defined Benefit Supplement Program [25000 - 25025] ( Chapter 38 added by Stats. 2000, Ch. 74, Sec. 69. ) ## ARTICLE 3. Retirement Benefits [25009 - 25011.6] ( Article 3 added by Stats. 2000, Ch. 74, Sec. 69. )

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    Some retired members with a same-sex spouse or former spouse named as beneficiary may change their annuity if they meet the stated age-gap, timing, and form 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 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 38. Defined Benefit Supplement Program [25000 - 25025] ( Chapter 38 added by Stats. 2000, Ch. 74, Sec. 69. ) ## ARTICLE 3. Retirement Benefits [25009 - 25011.6] ( Article 3 added by Stats. 2000, Ch. 74, Sec. 69. ) ## 25011.6. (a) A member who retired and elected a beneficiary annuity pursuant to Section 25011.1 with his or her same-sex spouse or same-sex former spouse designated as annuity beneficiary pursuant to Section 25015 may elect to change his or her annuity subject to the following: (1) A member who elected the 100 percent beneficiary annuity or the 50 percent beneficiary annuity may elect to change his or her beneficiary annuity to the 75 percent beneficiary annuity described in paragraph (3) of subdivision (a) of Section 25011.1, 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 described in paragraph (4) of subdivision (a) of Section 24300.1 may elect to change his or her beneficiary annuity to the 100 percent beneficiary annuity described in paragraph (2) of subdivision (a) of Section 25011.1, or the 75 percent beneficiary annuity described in paragraph (3) of subdivision (a) of Section 25011.1, provided the member’s same-sex spouse or same-sex former spouse is more than exactly 10 years younger than the member under the 100 percent beneficiary annuity, or more than exactly 19 years younger than the member under the 75 percent beneficiary annuity. (B) Any change made pursuant to this paragraph shall be subject to the requirements and restrictions of Section 25015. (3) The annuity 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 annuity beneficiary prior to July 1, 2015. (5) The same-sex spouse or same-sex former spouse is a current annuity beneficiary, and the same annuity beneficiary or beneficiaries that were designated for the prior annuity elected by the member remain. (6) The annuity beneficiary or beneficiaries have not predeceased the member as of the effective date of the annuity change made by the member pursuant to this section. (b) The annuity change made by a member pursuant to subdivision (a) shall be deemed effective as of the effective date of the prior annuity election or June 26, 2013, whichever is later. (c) The annuity 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 a member’s election, the system shall mail an acknowledgment notice to the member that sets forth the new annuity elected by the member. (e) A member may cancel an annuity change made pursuant to subdivision (a) and elect to receive his or her benefit according to his or her prior annuity 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 annuity 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 annuity change made pursuant to subdivision (a) and elect to make one subsequent change from his or her prior annuity election to any other annuity provided by and subject to the restrictions of subdivision (a). The subsequent change shall become effective as of the date of the initial annuity 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 annuity pursuant to subdivision (a) or (f), the member’s annuity shall be modified in a manner determined by the board to prevent any additional liability to the plan. (h) A member shall not change his or her annuity 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. 70. (SB 1220) Effective January 1, 2015.)
  132. 25012.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 38. Defined Benefit Supplement Program [25000 - 25025] ( Chapter 38 added by Stats. 2000, Ch. 74, Sec. 69. ) ## ARTICLE 4. Annuities [25012 - 25015] ( Article 4 added by Stats. 2000, Ch. 74, Sec. 69. )

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    This section says how a Defined Benefit Supplement Program annuity is calculated and when a member may choose a single life or joint and survivor annuity.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 38. Defined Benefit Supplement Program [25000 - 25025] ( Chapter 38 added by Stats. 2000, Ch. 74, Sec. 69. ) ## ARTICLE 4. Annuities [25012 - 25015] ( Article 4 added by Stats. 2000, Ch. 74, Sec. 69. ) ## 25012. (a) Except as provided in subdivision (b), an annuity payable under the Defined Benefit Supplement Program shall be determined as a value actuarially equivalent to the balance of credits in the member’s Defined Benefit Supplement Program account on the member’s retirement date and after any lump-sum payment. If a single life annuity is elected, the annuity shall be calculated using the age of the member on the member’s retirement date. A member may elect a single life annuity only if the member did not elect to receive a modified allowance pursuant to Section 24300 or 24300.1. If a joint and survivor annuity is elected, the annuity shall be calculated using the age of the member and the age of the member’s beneficiary on the member’s annuity effective date. A member may elect a joint and survivor annuity only if the member elected to receive a modified allowance pursuant to Section 24300 or 24300.1. (b) If a member elected to receive an annuity pursuant to Section 25018 or 25018.1, and if the member is still receiving the annuity at the time the member’s disability allowance is terminated pursuant to Section 24213, the annuity already in effect shall continue upon the member’s service retirement provided the member’s service retirement benefit effective date is the day after the disability allowance termination date. (c) The beneficiary designation made pursuant to Section 24307 is not applicable to benefits payable under this chapter. (Amended by Stats. 2018, Ch. 416, Sec. 20. (SB 1165) Effective January 1, 2019.)
  133. 25013.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 38. Defined Benefit Supplement Program [25000 - 25025] ( Chapter 38 added by Stats. 2000, Ch. 74, Sec. 69. ) ## ARTICLE 4. Annuities [25012 - 25015] ( Article 4 added by Stats. 2000, Ch. 74, Sec. 69. )

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    If a member elects an annuity under the Defined Benefit Supplement Program, the balance in that member’s Defined Benefit Supplement account is transferred to the Annuitant Reserve.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 38. Defined Benefit Supplement Program [25000 - 25025] ( Chapter 38 added by Stats. 2000, Ch. 74, Sec. 69. ) ## ARTICLE 4. Annuities [25012 - 25015] ( Article 4 added by Stats. 2000, Ch. 74, Sec. 69. ) ## 25013. Upon election by the member to receive a benefit payable under the Defined Benefit Supplement Program in the form of an annuity, the balance of credits in the member’s Defined Benefit Supplement account shall be transferred to the Annuitant Reserve. (Added by Stats. 2000, Ch. 74, Sec. 69. Effective January 1, 2001.)
  134. 25014.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 38. Defined Benefit Supplement Program [25000 - 25025] ( Chapter 38 added by Stats. 2000, Ch. 74, Sec. 69. ) ## ARTICLE 4. Annuities [25012 - 25015] ( Article 4 added by Stats. 2000, Ch. 74, Sec. 69. )

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    If a member returns from service retirement, the annuity tied to transferred credits ends. If the member later retires again, a new annuity or lump-sum payment based on the remaining credits becomes payable.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 38. Defined Benefit Supplement Program [25000 - 25025] ( Chapter 38 added by Stats. 2000, Ch. 74, Sec. 69. ) ## ARTICLE 4. Annuities [25012 - 25015] ( Article 4 added by Stats. 2000, Ch. 74, Sec. 69. ) ## 25014. (a) If a member reinstates from service retirement under this part, payment of a retirement annuity based on the balance of credits that was transferred from the member’s Defined Benefit Supplement account to the Annuitant Reserve shall terminate. The member’s Defined Benefit Supplement account shall be credited with the actuarial equivalent of the member’s annuity as of the date the annuity is terminated and the Annuitant Reserve shall be reduced by the amount credited to the member’s account. (b) If the member subsequently retires again, an annuity or lump-sum payment based on the remaining balance of credits in the member’s Defined Benefit Supplement account at the time of the subsequent retirement shall become payable pursuant to Section 24202.5 and the balance of credits in the member’s Defined Benefit Supplement account shall be transferred to the Annuitant Reserve or paid to the member in the form of a lump-sum payment. (Amended by Stats. 2001, Ch. 803, Sec. 26. Effective January 1, 2002.)
  135. 25015.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 38. Defined Benefit Supplement Program [25000 - 25025] ( Chapter 38 added by Stats. 2000, Ch. 74, Sec. 69. ) ## ARTICLE 4. Annuities [25012 - 25015] ( Article 4 added by Stats. 2000, Ch. 74, Sec. 69. )

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    This section sets how a member’s joint and survivor annuity is handled, limits later changes to beneficiary designations, and allows some beneficiary and trust-related designations in specified situations.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 38. Defined Benefit Supplement Program [25000 - 25025] ( Chapter 38 added by Stats. 2000, Ch. 74, Sec. 69. ) ## ARTICLE 4. Annuities [25012 - 25015] ( Article 4 added by Stats. 2000, Ch. 74, Sec. 69. ) ## 25015. (a) If a member elects to receive a benefit payable under the Defined Benefit Supplement Program as a joint and survivor annuity, the designation of the beneficiary made pursuant to Section 24300 or 24300.1 shall apply to the benefit payable under this chapter. The annuity beneficiary designation shall not be changed after the date the benefit becomes payable to the member, except as provided in Section 24320, 24321, 24322, 24323, 24324, 25011, 25011.1, 25018, or 25018.1, or Chapter 12 (commencing with Section 22650). (b) If the member designates one or multiple option beneficiaries within Option 8 pursuant to Section 24300 or the compound option pursuant to Section 24300.1, the percentage of the unmodified allowance attributable to each option beneficiary specified in that designation shall apply to the joint and survivor annuity payable under this chapter. The member shall elect one joint and survivor annuity type and this annuity type shall be applied the same for each beneficiary and each designated percentage of the member only annuity. If any percentage of the allowance was designated to remain unmodified, the member only annuity shall apply for the corresponding percentage of the annuity provided under this chapter. The annuity amount payable to the member during the member’s lifetime shall be modified to be payable over the combined lives of the member and the annuity beneficiary or beneficiaries. (1) Pursuant to Section 401(a)(9) of the Internal Revenue Code, the member shall not designate the 100-percent beneficiary annuity type under this subdivision if any annuity beneficiary is more than exactly 10 years younger than the member, unless that annuity 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. (2) Pursuant to Section 401(a)(9) of the Internal Revenue Code, the member shall not designate the 75-percent beneficiary annuity type under this subdivision if any annuity beneficiary is more than exactly 19 years younger than the member, unless that annuity 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. (c) (1) If the member predeceases an annuity beneficiary, the annuity beneficiary may designate, on a properly executed form provided by the system, a payee to receive an amount that may be payable in a lump sum pursuant to Section 25023 upon the death of the annuity beneficiary. (2) Unless otherwise specified in the trust instrument, the trustee or beneficiary of the trust that is an annuity 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 paragraph shall be void and the beneficiary shall be entitled to exercise all rights provided to annuity beneficiaries under this part. (Amended by Stats. 2019, Ch. 497, Sec. 41. (AB 991) Effective January 1, 2020.)
  136. 25016.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 38. Defined Benefit Supplement Program [25000 - 25025] ( Chapter 38 added by Stats. 2000, Ch. 74, Sec. 69. ) ## ARTICLE 5. Disability Benefits [25016 - 25019] ( Article 5 added by Stats. 2000, Ch. 74, Sec. 69. )

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    A member’s disability benefit equals the balance in the member’s Defined Benefit Supplement account when the benefit becomes payable, and the member may choose a lump sum, monthly annuity, or both.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 38. Defined Benefit Supplement Program [25000 - 25025] ( Chapter 38 added by Stats. 2000, Ch. 74, Sec. 69. ) ## ARTICLE 5. Disability Benefits [25016 - 25019] ( Article 5 added by Stats. 2000, Ch. 74, Sec. 69. ) ## 25016. (a) A member’s disability benefit under the Defined Benefit Supplement Program shall be an amount equal to the balance of credits in the member’s Defined Benefit Supplement account on the date the disability benefit becomes payable. (b) A disability benefit shall be a lump-sum payment, or an annuity payable in monthly installments, or a combination of both a lump-sum payment and an annuity, as elected by the member on the application for a disability benefit. Any retirement benefit paid as an annuity under this chapter shall be subject to Section 25018 or 25018.1. (c) Upon distribution of the entire disability benefit in a lump-sum payment, no other benefit shall be payable to the member or the member’s beneficiary under the Defined Benefit Supplement Program. (Amended by Stats. 2006, Ch. 655, Sec. 56. Effective January 1, 2007.)
  137. 25017.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 38. Defined Benefit Supplement Program [25000 - 25025] ( Chapter 38 added by Stats. 2000, Ch. 74, Sec. 69. ) ## ARTICLE 5. Disability Benefits [25016 - 25019] ( Article 5 added by Stats. 2000, Ch. 74, Sec. 69. )

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    A member gets a disability benefit when the disability allowance or disability retirement allowance becomes effective, but an application must be submitted 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 38. Defined Benefit Supplement Program [25000 - 25025] ( Chapter 38 added by Stats. 2000, Ch. 74, Sec. 69. ) ## ARTICLE 5. Disability Benefits [25016 - 25019] ( Article 5 added by Stats. 2000, Ch. 74, Sec. 69. ) ## 25017. (a) A member shall receive a disability benefit under the Defined Benefit Supplement Program beginning on the effective date of the member’s disability allowance pursuant to Chapter 25 (commencing with Section 24001) or a disability retirement allowance pursuant to Chapter 26 (commencing with Section 24100) under the Defined Benefit Program. (b) The member, or the member’s employer or conservator on behalf of the member, shall submit an application for a disability benefit on a form prescribed by the system. (c) A member whose disability allowance or disability retirement allowance is effective on or after January 1, 2010, shall not receive an allowance pursuant to Chapter 25 (commencing with Section 24001) or Chapter 26 (commencing with Section 24100), as applicable, unless the member has submitted a completed application pursuant to subdivision (b). (Amended by Stats. 2009, Ch. 304, Sec. 30. (SB 634) Effective January 1, 2010.)
  138. 25018.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 38. Defined Benefit Supplement Program [25000 - 25025] ( Chapter 38 added by Stats. 2000, Ch. 74, Sec. 69. ) ## ARTICLE 5. Disability Benefits [25016 - 25019] ( Article 5 added by Stats. 2000, Ch. 74, Sec. 69. )

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    A member may choose to receive the disability benefit as a monthly annuity if the account balance is at least $3,500, but if the member chooses an annuity they must pick one of the listed payment forms.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 38. Defined Benefit Supplement Program [25000 - 25025] ( Chapter 38 added by Stats. 2000, Ch. 74, Sec. 69. ) ## ARTICLE 5. Disability Benefits [25016 - 25019] ( Article 5 added by Stats. 2000, Ch. 74, Sec. 69. ) ## 25018. (a) A member may elect to receive the disability benefit as an annuity, payable in monthly installments, provided the balance of credits in the member’s Defined Benefit Supplement account on the date the disability benefit becomes payable equals at least three thousand five hundred dollars ($3,500) after any lump-sum payment has been made from this account. (b) If the member elects to receive the disability benefit as an annuity, the member shall elect one of the following forms of payment: (1) A single life annuity without a cash refund feature. This form of payment is the actuarial equivalent of the amount that would be payable to the member if the member elected to receive the disability benefit in a lump-sum payment. Upon the death of the member, no other benefit shall be payable to the member’s beneficiary under the Defined Benefit Supplement Program. (2) A single life annuity with a cash refund feature. This form of payment is the actuarial equivalent of the amount that would be payable to the member if the member elected to receive the disability benefit in a lump-sum payment. Upon the death of the member, an amount equal to the remaining balance of credits, if any, transferred from the member’s Defined Benefit Supplement account to the Annuitant Reserve shall be returned in a lump-sum payment to the member’s beneficiary. (3) For a member receiving an allowance pursuant to Chapter 26 (commencing with Section 24100), a 100-percent joint and survivor annuity with a “pop-up” feature. This form of payment is the actuarial equivalent of the lump-sum payment modified to be payable over the combined lives of the member and the member’s annuity beneficiary. Upon the death of the member, the same monthly amount that was payable to the member shall be paid monthly to the member’s surviving annuity beneficiary. However, if the annuity beneficiary predeceases the member, the annuity payable to the member shall be the single life annuity with a cash refund feature that would have been payable had the member elected that form of payment at the commencement of the benefit. That single life annuity shall be payable as of the day following the date of the annuity beneficiary’s death upon receipt by the system of proof of the annuity beneficiary’s death. If the annuity beneficiary predeceases the member and the member designates a new option beneficiary pursuant to Section 24323, the new option beneficiary shall be the new annuity beneficiary. The effective date shall be six months following the date notification, on a properly executed form, is received by the board, provided both the member and the new annuity beneficiary are then living. The new annuity beneficiary under this paragraph shall be subject to an actuarial modification of the single life annuity with a cash refund feature and shall not result in any additional liability to the fund. The new annuity beneficiary shall not be an existing annuity beneficiary. (4) For a member receiving an allowance pursuant to Chapter 26 (commencing with Section 24100), a 50-percent joint and survivor annuity with a “pop-up” feature. This form of payment is the actuarial equivalent of the lump-sum payment modified to be payable over the combined lives of the member and the member’s annuity beneficiary. Upon the death of the member, one-half of the monthly amount that was payable to the member shall be paid monthly to the member’s surviving annuity beneficiary. However, if the annuity beneficiary predeceases the member, the annuity payable to the member shall be the single life annuity with a cash refund feature that would have been payable had the member elected that form of payment at the commencement of the benefit. That single life annuity shall be payable as of the day following the date of the annuity beneficiary’s death upon receipt by the system of proof of the annuity beneficiary’s death. If the annuity beneficiary predeceases the member and the member designates a new option beneficiary pursuant to Section 24323, the new option beneficiary shall be the new annuity beneficiary. The effective date shall be six months following the date notification, on a properly executed form, is received by the board, provided both the member and the new annuity beneficiary are then living. The new annuity beneficiary under this paragraph shall be subject to an actuarial modification of the single life annuity with a cash refund feature and shall not result in any additional liability to the fund. The new annuity beneficiary shall not be an existing annuity beneficiary. (5) A period certain annuity. This form of payment is an annuity equal to the actuarial equivalent of the balance of credits in the member’s Defined Benefit Supplement account on the date the disability benefit becomes payable. The annuity shall be payable in whole year increments over a period of years specified by the member, from a minimum of three years to a maximum of 10 years subject to life expectancy tables promulgated pursuant to Section 401(a)(9) of the Internal Revenue Code. If the member’s death occurs prior to the end of the period certain, the remaining balance of payments shall be paid to the member’s beneficiary pursuant to Section 25022. (c) Except as described in subdivision (d) of Section 25018.1, on or after January 1, 2007, a member may not make a new election for an annuity described in subdivision (b). (d) On or after January 1, 2007, a member may not make a new election of a joint and survivor annuity described in subdivision (b), except as provided by subdivision (e) of Section 25018.1. (e) Any member with a disability benefit effective on or after January 1, 2007, shall elect an annuity from the annuities described in Section 25018.1. (Amended by Stats. 2018, Ch. 416, Sec. 22. (SB 1165) Effective January 1, 2019.)
  139. 25018.1.

    ## 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 38. Defined Benefit Supplement Program [25000 - 25025] ( Chapter 38 added by Stats. 2000, Ch. 74, Sec. 69. ) ## ARTICLE 5. Disability Benefits [25016 - 25019] ( Article 5 added by Stats. 2000, Ch. 74, Sec. 69. )

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    A member may choose a disability benefit annuity only if the account balance is at least $3,500 after any lump-sum payment, and if the member chooses an annuity, one of the listed payment forms must be selected.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 38. Defined Benefit Supplement Program [25000 - 25025] ( Chapter 38 added by Stats. 2000, Ch. 74, Sec. 69. ) ## ARTICLE 5. Disability Benefits [25016 - 25019] ( Article 5 added by Stats. 2000, Ch. 74, Sec. 69. ) ## 25018.1. (a) A member may elect to receive the disability benefit as an annuity, payable in monthly installments, provided the balance of credits in the member’s Defined Benefit Supplement account on the date the disability benefit becomes payable equals at least three thousand five hundred dollars ($3,500) after any lump-sum payment has been made from this account. If the member elects to receive the disability benefit as an annuity, the member shall elect one of the following forms of payment: (1) Member only annuity. This is a single life annuity with a cash refund feature that is the actuarial equivalent of the amount that would be payable to the member if the member elected to receive the disability benefit in a lump-sum payment. Upon the death of the member, an amount equal to the remaining balance of credits, if any, transferred from the member’s Defined Benefit Supplement account to the Annuitant Reserve shall be returned in a lump-sum payment to the member’s beneficiary. (2) One hundred percent beneficiary annuity. This form of payment is the actuarial equivalent of the lump-sum payment modified to be payable over the combined lives of the member and the member’s annuity beneficiary or beneficiaries. Upon the death of the member, 100 percent of the monthly amount that was payable to the member shall be paid monthly to the member’s surviving annuity beneficiary or beneficiaries. (3) Seventy-five percent beneficiary annuity. This form of payment is the actuarial equivalent of the lump-sum payment modified to be payable over the combined lives of the member and the member’s annuity beneficiary or beneficiaries. Pursuant to Section 401(a)(9) of the Internal Revenue Code, the member shall not elect this annuity if a beneficiary is more than exactly 19 years younger than the member unless the beneficiary is the member’s spouse or former spouse and the election is pursuant to a determination of community property rights. Upon the death of the member, 75 percent of the monthly amount that was payable to the member shall be paid monthly to the surviving annuity beneficiary or beneficiaries of the member. (4) Fifty percent beneficiary annuity. This form of payment is the actuarial equivalent of the lump-sum payment modified to be payable over the combined lives of the member and the member’s annuity beneficiary or beneficiaries. Upon the death of the member, one-half of the monthly amount that was payable to the member shall be paid monthly to the member’s surviving annuity beneficiary or beneficiaries. (5) A period certain annuity. This form of payment is an annuity equal to the actuarial equivalent of the balance of credits in the member’s Defined Benefit Supplement account on the date the disability benefit becomes payable. The annuity shall be payable in whole year increments over a period of years specified by the member, from a minimum of three years to a maximum of 10 years subject to life expectancy tables promulgated pursuant to Section 401(a)(9) of the Internal Revenue Code. If the member’s death occurs prior to the end of the period certain, the remaining balance of payments shall be paid to the member’s beneficiary pursuant to Section 25022. (b) If an annuity beneficiary designated pursuant to paragraph (2), (3), or (4) of subdivision (a) predeceases the member, the annuity shall be paid to the member as the member only annuity that would have been payable had the member elected that form of payment at the commencement of the benefit. That member only annuity shall be payable as of the day following the date of the annuity beneficiary’s death upon receipt by the system of proof of the annuity beneficiary’s death. If the annuity beneficiary predeceases the member and the member designates a new option beneficiary pursuant to Section 24323, the new option beneficiary shall be a new annuity beneficiary. The effective date shall be six months following the date notification is received by the board, provided both the member and the new annuity beneficiary are then living. Notice to the board of the death of the annuity beneficiary shall be on a properly executed form provided by the system. The new annuity beneficiary under this paragraph is subject to an actuarial modification of the member only annuity and shall not result in any additional liability to the fund. The new annuity beneficiary shall not be an existing annuity beneficiary. (c) Notwithstanding Section 297 or 299.2 of the Family Code, a spouse as described in paragraph (3) or (5) of subdivision (a) does not include the domestic partner of the member, pursuant to Section 7 of Title 1 of the United States Code. (d) 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 annuity that is required by the judgment or court order. This part does not permit the member to change the annuity to the detriment of the community property interest of the nonmember spouse. (Amended by Stats. 2019, Ch. 497, Sec. 42. (AB 991) Effective January 1, 2020.)
  140. 25018.2.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 38. Defined Benefit Supplement Program [25000 - 25025] ( Chapter 38 added by Stats. 2000, Ch. 74, Sec. 69. ) ## ARTICLE 5. Disability Benefits [25016 - 25019] ( Article 5 added by Stats. 2000, Ch. 74, Sec. 69. )

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    A qualifying disabled member may change annuities only under listed conditions and deadlines, and some annuity types cannot be changed.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 38. Defined Benefit Supplement Program [25000 - 25025] ( Chapter 38 added by Stats. 2000, Ch. 74, Sec. 69. ) ## ARTICLE 5. Disability Benefits [25016 - 25019] ( Article 5 added by Stats. 2000, Ch. 74, Sec. 69. ) ## 25018.2. (a) A member who is disabled and elected an annuity pursuant to Section 25018 may elect to change annuities, subject to all of the following: (1) A member who elected a single life annuity with or without a cash refund feature or elected a period certain annuity may not change his or her annuity. (2) A member who elected an annuity under paragraph (3) or (4) of subdivision (b) of Section 25018 may elect an annuity under paragraph (3) of subdivision (a) of Section 25018.1. (3) The election by the member under this section is made on or after January 1, 2007, and prior to July 1, 2007. (4) The member designates the same annuity beneficiary that was designated under the prior annuity election by the member, if the annuity and the annuity designation were effective on December 31, 2006. (5) The member and the annuity 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 annuity beneficiary are not afflicted with a known terminal illness. (6) The annuity beneficiary has not predeceased the member as of the effective date of the change in the annuity by the member. (b) The change in the annuity 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 annuity elected by the member. (d) If the member and the annuity beneficiary are alive and not afflicted with a known terminal illness, a member may cancel the election to change annuities and elect to receive the benefit according to the preexisting annuity election. After cancellation, the member may elect to make a one-time change from the preexisting annuity to any other annuity 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 annuity beneficiary are alive and not afflicted with a known terminal illness, the system shall allow a member to cancel the election to change annuities and elect to receive the benefit according to the preexisting annuity election. After cancellation, the member may elect to make a one-time change from the preexisting annuity to any other annuity 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 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. (f) If the member elects to change his or her annuity as described in subdivision (a), (d), or (e), the annuity 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 annuities in derogation of a spouse’s or former spouse’s community property rights as specified in a court order. (Amended by Stats. 2013, Ch. 558, Sec. 49. (AB 1379) Effective January 1, 2014.)
  141. 25018.5.

    ## 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 38. Defined Benefit Supplement Program [25000 - 25025] ( Chapter 38 added by Stats. 2000, Ch. 74, Sec. 69. ) ## ARTICLE 5. Disability Benefits [25016 - 25019] ( Article 5 added by Stats. 2000, Ch. 74, Sec. 69. )

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    If a disabled member returns to work in a former or comparable job and the original disability recurs within six months, the disability is treated as having started when the member first became disabled.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 38. Defined Benefit Supplement Program [25000 - 25025] ( Chapter 38 added by Stats. 2000, Ch. 74, Sec. 69. ) ## ARTICLE 5. Disability Benefits [25016 - 25019] ( Article 5 added by Stats. 2000, Ch. 74, Sec. 69. ) ## 25018.5. 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, 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 Defined Benefit Supplement disability benefit under this chapter 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 service for which compensation is payable to the member provided the member complies with the provisions of Section 24003 or 24103, as applicable. (Amended by Stats. 2003, Ch. 859, Sec. 31. Effective January 1, 2004.)
  142. 25018.6.

    ## 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 38. Defined Benefit Supplement Program [25000 - 25025] ( Chapter 38 added by Stats. 2000, Ch. 74, Sec. 69. ) ## ARTICLE 5. Disability Benefits [25016 - 25019] ( Article 5 added by Stats. 2000, Ch. 74, Sec. 69. )

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    Some disability-retirement members may change a beneficiary annuity, cancel that change, or make one later change if the section’s age, beneficiary, marriage, form, and timing conditions are met. The system must send an acknowledgment notice, and the annuity may not be changed to defeat a spouse’s or former spouse’s court-ordered community property 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 38. Defined Benefit Supplement Program [25000 - 25025] ( Chapter 38 added by Stats. 2000, Ch. 74, Sec. 69. ) ## ARTICLE 5. Disability Benefits [25016 - 25019] ( Article 5 added by Stats. 2000, Ch. 74, Sec. 69. ) ## 25018.6. (a) A member receiving a disability retirement allowance who elected a beneficiary annuity pursuant to Section 25018.1 with a same-sex spouse or same-sex former spouse designated as annuity beneficiary pursuant to Section 25015 may elect to change his or her annuity subject to the following: (1) A member who elected the 100 percent beneficiary annuity or the 50 percent beneficiary annuity may elect to change his or her beneficiary annuity to the 75 percent beneficiary annuity described in paragraph (3) of subdivision (a) of Section 25018.1, 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 described in paragraph (4) of subdivision (a) of Section 24300.1 may elect to change his or her beneficiary annuity to the 100 percent beneficiary annuity described in paragraph (2) of subdivision (a) of Section 25018.1, or the 75 percent beneficiary annuity described in paragraph (3) of subdivision (a) of Section 25018.1, provided the member’s same-sex spouse or same-sex former spouse is more than exactly 10 years younger than the member under the 100 percent beneficiary annuity, or more than exactly 19 years younger than the member under the 75 percent beneficiary annuity. (B) Any change made pursuant to this paragraph shall be subject to the requirements and restrictions of Section 25015. (3) The annuity 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 annuity beneficiary prior to July 1, 2015. (5) The same-sex spouse or same-sex former spouse is a current annuity beneficiary, and the same annuity beneficiary or beneficiaries that were designated for the prior annuity elected by the member remain. (6) The annuity beneficiary or beneficiaries have not predeceased the member as of the effective date of the annuity change made by the member pursuant to this section. (b) The annuity change made by a member pursuant to subdivision (a) shall be deemed effective as of the effective date of the prior annuity election or June 26, 2013, whichever is later. (c) The annuity 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 a member’s election, the system shall mail an acknowledgment notice to the member that sets forth the new annuity elected by the member. (e) A member may cancel an annuity change made pursuant to subdivision (a) and elect to receive his or her benefit according to his or her prior annuity 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 annuity 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 annuity change made pursuant to subdivision (a) and elect to make one subsequent change from his or her prior annuity election to any other annuity provided by and subject to the restrictions of subdivision (a). The subsequent change shall become effective as of the date of the initial annuity 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 annuity pursuant to subdivision (a) or (f), the member’s annuity shall be modified in a manner determined by the board to prevent any additional liability to the plan. (h) A member shall not change his or her annuity 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. 72. (SB 1220) Effective January 1, 2015.)
  143. 25019.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 38. Defined Benefit Supplement Program [25000 - 25025] ( Chapter 38 added by Stats. 2000, Ch. 74, Sec. 69. ) ## ARTICLE 5. Disability Benefits [25016 - 25019] ( Article 5 added by Stats. 2000, Ch. 74, Sec. 69. )

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    If a disability allowance or disability retirement ends, the related disability annuity stops too, the member’s account is credited, and the Annuitant Reserve is reduced. If benefits later start again, a new annuity or lump-sum payment is made from the remaining balance, unless an exception applies.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 38. Defined Benefit Supplement Program [25000 - 25025] ( Chapter 38 added by Stats. 2000, Ch. 74, Sec. 69. ) ## ARTICLE 5. Disability Benefits [25016 - 25019] ( Article 5 added by Stats. 2000, Ch. 74, Sec. 69. ) ## 25019. (a) If a member’s disability allowance or disability retirement allowance under this part is terminated, payment of a disability annuity based on the balance of credits transferred from the member’s Defined Benefit Supplement account to the Annuitant Reserve also shall terminate. The member’s Defined Benefit Supplement account shall be credited with the actuarial equivalent of the member’s annuity as of the date the annuity is terminated and the Annuitant Reserve shall be reduced by the amount credited to the member’s account. (b) If a disability allowance or a service or disability retirement allowance subsequently becomes payable again, an annuity or lump-sum payment based on the remaining balance of credits in the member’s Defined Benefit Supplement account at the time of the subsequent disability or service or disability retirement becomes payable and the balance of credits in the member’s Defined Benefit Supplement account shall be transferred to the Annuitant Reserve or paid to the member in the form of a lump-sum payment. (c) This section shall not apply to a member whose annuity continues pursuant to subdivision (b) of Section 25012. (Amended by Stats. 2018, Ch. 416, Sec. 24. (SB 1165) Effective January 1, 2019.)
  144. 25020.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 38. Defined Benefit Supplement Program [25000 - 25025] ( Chapter 38 added by Stats. 2000, Ch. 74, Sec. 69. ) ## ARTICLE 6. Final Benefits [25020 - 25023] ( Article 6 (1st of two) added by Stats. 2000, Ch. 74, Sec. 69. )

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    A final benefit becomes payable when the system gets proof of the member’s death.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 38. Defined Benefit Supplement Program [25000 - 25025] ( Chapter 38 added by Stats. 2000, Ch. 74, Sec. 69. ) ## ARTICLE 6. Final Benefits [25020 - 25023] ( Article 6 (1st of two) added by Stats. 2000, Ch. 74, Sec. 69. ) ## 25020. (a) A final benefit under the Defined Benefit Supplement Program shall become payable when the system receives proof of the member’s death. For a member who died on or after January 1, 2010, no benefit shall be paid to a beneficiary of the member pursuant to other chapters of this part until the final benefit is paid pursuant to this article. (b) If the member’s death occurs before an annuity under the Defined Benefit Supplement Program becomes payable, the final benefit shall be an amount equal to the balance of credits in the member’s Defined Benefit Supplement account on the date of the member’s death, plus minimum interest credited through the date of payment. (c) Upon distribution of a final benefit in a lump-sum payment, no other benefit shall be payable under the Defined Benefit Supplement Program to the member’s beneficiary. (Amended by Stats. 2009, Ch. 304, Sec. 31. (SB 634) Effective January 1, 2010.)
  145. 25021.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 38. Defined Benefit Supplement Program [25000 - 25025] ( Chapter 38 added by Stats. 2000, Ch. 74, Sec. 69. ) ## ARTICLE 6. Final Benefits [25020 - 25023] ( Article 6 (1st of two) added by Stats. 2000, Ch. 74, Sec. 69. )

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    A qualifying beneficiary may choose the final benefit as a monthly annuity if the account balance is at least $3,500, and if the annuity is chosen it must be a period certain annuity.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 38. Defined Benefit Supplement Program [25000 - 25025] ( Chapter 38 added by Stats. 2000, Ch. 74, Sec. 69. ) ## ARTICLE 6. Final Benefits [25020 - 25023] ( Article 6 (1st of two) added by Stats. 2000, Ch. 74, Sec. 69. ) ## 25021. (a) A beneficiary, other than an entity, may elect to receive the final benefit payable under the Defined Benefit Supplement Program as an annuity payable in monthly installments provided the balance of credits in the member’s Defined Benefit Supplement account that is payable to that beneficiary equals at least three thousand five hundred dollars ($3,500). (b) A beneficiary who elects to receive an annuity under this section shall elect a period certain annuity. This form of payment is an annuity equal to the actuarial equivalent of the balance of credits in the member’s Defined Benefit Supplement account on the date of the member’s death. The annuity shall be payable in whole year increments over a period of years specified by the beneficiary, from a minimum of three years to a maximum of 10 years, but not to exceed the life expectancy of the beneficiary. The beneficiary may designate a payee to receive the remaining balance of payments if the beneficiary’s death occurs prior to the end of the period certain. (c) A beneficiary may designate a payee who would, upon the death of the beneficiary, be entitled to receive the beneficiary’s accrued annuity allowance. (Amended by Stats. 2006, Ch. 655, Sec. 60. Effective January 1, 2007.)
  146. 25022.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 38. Defined Benefit Supplement Program [25000 - 25025] ( Chapter 38 added by Stats. 2000, Ch. 74, Sec. 69. ) ## ARTICLE 6. Final Benefits [25020 - 25023] ( Article 6 (1st of two) added by Stats. 2000, Ch. 74, Sec. 69. )

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    This section says what happens to final benefits when a member dies while receiving a Defined Benefit Supplement Program annuity.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 38. Defined Benefit Supplement Program [25000 - 25025] ( Chapter 38 added by Stats. 2000, Ch. 74, Sec. 69. ) ## ARTICLE 6. Final Benefits [25020 - 25023] ( Article 6 (1st of two) added by Stats. 2000, Ch. 74, Sec. 69. ) ## 25022. (a) If the death of a member occurs while the member is receiving an annuity under the Defined Benefit Supplement Program, the final benefit shall be payable in accordance with the terms of the annuity elected by the member. (b) If the member was receiving a single life annuity without a cash refund feature, a final benefit is not payable other than the accrued annuity for the month in which the member’s death occurred, which shall be paid in a lump sum to the beneficiary designated by the member pursuant to Section 23300 or 23301. (c) If the member was receiving a single life annuity with a cash refund feature, the final benefit shall be payable in a lump sum to the beneficiary designated by the member pursuant to Section 23300 or 23301. (d) If the member was receiving a joint and survivor annuity, the annuity shall continue to be paid to the surviving designated annuity beneficiary. If the designated annuity beneficiary predeceases the member, a final benefit is not payable. (e) If the member was receiving a period certain annuity, the remaining balance of payments shall be paid to the beneficiary designated by the member. (1) If the beneficiary is designated pursuant to Section 23300, the remaining period certain annuity payments shall be made over the amount of time remaining in the period originally elected by the deceased member and shall be made in payments equal to the amount of the annuity payments previously received by the deceased member. (2) If the beneficiary is designated pursuant to Section 23301, the remaining balance of period certain annuity payments shall be made in a lump-sum payment equal to the present value of the balance of payments due over the time remaining in the period originally elected by the deceased member. (f) A member may designate a beneficiary who would, upon the death of the member, be entitled to the member’s accrued annuity allowance. (Amended by Stats. 2013, Ch. 558, Sec. 50. (AB 1379) Effective January 1, 2014.)
  147. 25022.5.

    ## 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 38. Defined Benefit Supplement Program [25000 - 25025] ( Chapter 38 added by Stats. 2000, Ch. 74, Sec. 69. ) ## ARTICLE 6. Final Benefits [25020 - 25023] ( Article 6 (1st of two) added by Stats. 2000, Ch. 74, Sec. 69. )

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    This section says what final benefits are paid when a nonmember spouse dies while receiving a Defined Benefit Supplement Program annuity, and the payment depends on the type of annuity elected.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 38. Defined Benefit Supplement Program [25000 - 25025] ( Chapter 38 added by Stats. 2000, Ch. 74, Sec. 69. ) ## ARTICLE 6. Final Benefits [25020 - 25023] ( Article 6 (1st of two) added by Stats. 2000, Ch. 74, Sec. 69. ) ## 25022.5. (a) If the death of a nonmember spouse occurs while the nonmember spouse is receiving an annuity under the Defined Benefit Supplement Program, the final benefit shall be payable in accordance with the terms of the annuity elected by the nonmember spouse. (b) If the nonmember spouse was receiving a single life annuity without a cash refund feature, a final benefit is not payable. (c) If the nonmember spouse was receiving a single life annuity with a cash refund feature, the final benefit shall be payable in a lump sum to the nonmember spouse’s beneficiary. (d) If the nonmember spouse was receiving a period certain annuity, the remaining balance of payments shall be paid to the payee designated by the nonmember spouse pursuant to Section 22660. (1) If the beneficiary is a person, the remaining period certain annuity payments shall be made over the amount of time remaining in the period originally elected by the deceased member and shall be made in payments equal to the amount of the annuity payments previously received by the deceased member. (2) If the beneficiary is not a person, the remaining balance of period certain annuity payments shall be made in a lump-sum payment equal to the present value of the balance of payments due over the time remaining in the period originally elected by the deceased member. (Amended by Stats. 2017, Ch. 298, Sec. 20. (AB 1325) Effective January 1, 2018.)
  148. 25023.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 38. Defined Benefit Supplement Program [25000 - 25025] ( Chapter 38 added by Stats. 2000, Ch. 74, Sec. 69. ) ## ARTICLE 6. Final Benefits [25020 - 25023] ( Article 6 (1st of two) added by Stats. 2000, Ch. 74, Sec. 69. )

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    When an annuity beneficiary dies, payments stop except for the final amount owed for the month of death, or the remaining balance rule for a period certain annuity; the lump sum goes to the payee the beneficiary 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 38. Defined Benefit Supplement Program [25000 - 25025] ( Chapter 38 added by Stats. 2000, Ch. 74, Sec. 69. ) ## ARTICLE 6. Final Benefits [25020 - 25023] ( Article 6 (1st of two) added by Stats. 2000, Ch. 74, Sec. 69. ) ## 25023. (a) Upon the death of an annuity beneficiary who was receiving an annuity under a joint and survivor annuity elected by the member no further payment shall be made other than the accrued annuity for the month in which the annuity beneficiary’s death occurred, which shall be paid in a lump sum to the payee designated by the annuity beneficiary. (b) Upon the death of a beneficiary who was receiving a single life annuity without a cash refund feature, no further payment shall be made other than the accrued annuity for the month in which the beneficiary’s death occurred, which shall be paid in a lump sum to the payee designated by the beneficiary. (c) Upon the death of a beneficiary who was receiving a period certain annuity, the actuarial equivalent of the remaining balance of payments shall be paid in a lump sum to the payee designated by the beneficiary pursuant to subdivision (c) of Section 25015. (Amended by Stats. 2002, Ch. 375, Sec. 34. Effective January 1, 2003.)
  149. 25024.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 38. Defined Benefit Supplement Program [25000 - 25025] ( Chapter 38 added by Stats. 2000, Ch. 74, Sec. 69. ) ## ARTICLE 7. Termination Benefits [25024 - 25025] ( Heading of Article 7 renumbered from Article 6 (2nd of two) by Stats. 2001, Ch. 803, Sec. 31. )

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    A member may qualify for a termination benefit after all covered employment ends for reasons other than retirement, disability, or death. The member must apply on the system’s form, and the employer must certify termination unless the employment ended at least 12 months before the application is received. The benefit is a lump sum equal to the account balance, and partial distributions are generally barred except for listed 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 38. Defined Benefit Supplement Program [25000 - 25025] ( Chapter 38 added by Stats. 2000, Ch. 74, Sec. 69. ) ## ARTICLE 7. Termination Benefits [25024 - 25025] ( Heading of Article 7 renumbered from Article 6 (2nd of two) by Stats. 2001, Ch. 803, Sec. 31. ) ## 25024. (a) Upon the termination of all employment to perform creditable service subject to coverage under the plan for a reason other than retirement, disability, or death, a member shall be eligible for a termination benefit under the Defined Benefit Supplement Program. (b) A member shall submit an application for a termination benefit on a form prescribed by the system. If a member submits an application for a refund of contributions under the Defined Benefit Program, pursuant to Section 23103, that application shall also be deemed an application for a termination benefit. If a member cancels the application for a refund of contributions under the Defined Benefit Program, the application for the termination benefit shall also be deemed to have been canceled. (c) The member’s employer or employers shall certify in a format prescribed by the system that the member’s employment has been terminated, unless the member’s termination of employment occurred 12 consecutive months or more prior to the date the application for a termination benefit is received by the system’s headquarters office. (d) The termination benefit shall be a lump-sum payment that is equal to the balance of credits in the member’s Defined Benefit Supplement account. (e) Upon distribution of the termination benefit, no further benefit shall be payable to the member or the member’s beneficiary under the Defined Benefit Supplement Program. (f) A partial distribution of the balance of credits in a member’s Defined Benefit Supplement account shall not be made, except as provided in Section 25009, 25015, 25016, or 25022. (Amended by Stats. 2019, Ch. 96, Sec. 22. (AB 644) Effective January 1, 2020.)
  150. 25024.5.

    ## 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 38. Defined Benefit Supplement Program [25000 - 25025] ( Chapter 38 added by Stats. 2000, Ch. 74, Sec. 69. ) ## ARTICLE 7. Termination Benefits [25024 - 25025] ( Heading of Article 7 renumbered from Article 6 (2nd of two) by Stats. 2001, Ch. 803, Sec. 31. )

    Verify source ↗

    A reemployed member who returns to creditable service may not receive a termination benefit if fewer than five years have passed since the most recent termination benefit was paid.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 38. Defined Benefit Supplement Program [25000 - 25025] ( Chapter 38 added by Stats. 2000, Ch. 74, Sec. 69. ) ## ARTICLE 7. Termination Benefits [25024 - 25025] ( Heading of Article 7 renumbered from Article 6 (2nd of two) by Stats. 2001, Ch. 803, Sec. 31. ) ## 25024.5. A member who is reemployed and again performs creditable service subject to coverage under the plan may not receive a termination benefit under this part if less than five years have elapsed following the date the most recent termination benefit was distributed to the member. This section does not apply to a member who has reached the age at which the Internal Revenue Code of 1986 requires a distribution of benefits. (Added by Stats. 2005, Ch. 661, Sec. 2. Effective January 1, 2006.)
  151. 25025.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 38. Defined Benefit Supplement Program [25000 - 25025] ( Chapter 38 added by Stats. 2000, Ch. 74, Sec. 69. ) ## ARTICLE 7. Termination Benefits [25024 - 25025] ( Heading of Article 7 renumbered from Article 6 (2nd of two) by Stats. 2001, Ch. 803, Sec. 31. )

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    A termination benefit is payable 180 calendar days after a member leaves employment, unless an exception applies.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 38. Defined Benefit Supplement Program [25000 - 25025] ( Chapter 38 added by Stats. 2000, Ch. 74, Sec. 69. ) ## ARTICLE 7. Termination Benefits [25024 - 25025] ( Heading of Article 7 renumbered from Article 6 (2nd of two) by Stats. 2001, Ch. 803, Sec. 31. ) ## 25025. (a) A termination benefit under the Defined Benefit Supplement Program shall be payable after 180 calendar days have elapsed following the date the member terminated employment as specified in Section 25024. (b) Except as provided in subdivision (c), the application for the termination benefit shall be automatically canceled if the member performs creditable service within 180 calendar days following the date of termination of employment. (c) Subdivision (b) does not apply if the member has reached that age at which the Internal Revenue Code of 1986 requires a distribution of benefits. A member who has reached this age shall receive a distribution commencing on the earlier of the date that the member has met the conditions of subdivision (a) or the conditions of subdivision (h) of Section 24600. (Amended by Stats. 2020, Ch. 275, Sec. 15. (AB 2101) Effective January 1, 2021.)
  152. 251.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 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 8. Compliance [250 - 253] ( Heading of Article 8 renumbered from Article 5 by Stats. 1998, Ch. 914, Sec. 29. )

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    A school district must submit compliance reports to the State Department of Education, and reports must be available for public inspection during regular business hours.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 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 8. Compliance [250 - 253] ( Heading of Article 8 renumbered from Article 5 by Stats. 1998, Ch. 914, Sec. 29. ) ## 251. (a) A school district shall submit timely, complete, and accurate compliance reports to the State Department of Education as that entity may require. (b) All reports submitted pursuant to this section shall be made available by the educational institution for public inspection during regular business hours. (Amended by Stats. 1998, Ch. 914, Sec. 31. Effective January 1, 1999.)
  153. 25100.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 39. School Employer Retirement Investment Product Vendor Registration Process and Information Bank [25100 - 25115] ( Chapter 39 added by Stats. 2002, Ch. 1095, Sec. 2. )

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    The board must set up a vendor registration process for 403(b) retirement investment products.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 39. School Employer Retirement Investment Product Vendor Registration Process and Information Bank [25100 - 25115] ( Chapter 39 added by Stats. 2002, Ch. 1095, Sec. 2. ) ## 25100. (a) The board shall establish a vendor registration process through which information about tax-deferred retirement investment products as described in Section 403(b) of the Internal Revenue Code of 1986 shall be made available for consideration by public employees of all local school districts, community college districts, county offices of education, and state employees of a state employer under the uniform state payroll system, excluding the California State University System, eligible to participate in an annuity contract and custodial account as described in Section 403(b) of the Internal Revenue Code of 1986. (b) For the purposes of this chapter, “403(b) product or 403(b) products” means tax-deferred retirement investment products as described in Section 403(b) of the Internal Revenue Code of 1986, and its subsequent amendments, and complying with applicable California insurance laws, and federal and California securities laws and rules as applied by appropriate regulatory entities. (c) For the purposes of this chapter: (1) “Employer” means any local school district, community college district, or county office of education, or any state employer under the uniform state payroll system, excluding the California State University System, with employees eligible to participate in an annuity contract and custodial account as described in Section 403(b) of the Internal Revenue Code of 1986, with the Controller acting on the state employer’s behalf. (2) “Vendor” means: (A) A public retirement system, broker-dealer, registered investment company, nonbank custodian, or life insurance company qualified to do business in California that provides a 403(b) product. “Vendor” does not include individual registered representatives, brokers, financial planners, or agents. (B) A statewide employee organization with an active membership primarily composed of persons employed in public education, or its wholly controlled affiliate, that has entered into a legally binding agreement with a bank custodian, as described in Section 401(f)(2) of the Internal Revenue Code, for the purpose of offering a custodial account meeting the requirements of Section 403(b)(7) of the Internal Revenue Code. (3) “Nonbank custodian” means a fund custodian, other than a bank, that meets the criteria of a trustee specified in Section 408(a)(2) of the Internal Revenue Code. (4) “Broker-dealer” means only those broker-dealers who offer a proprietary 403(b) product or who charge fees that are otherwise not disclosed. (Amended by Stats. 2014, Ch. 755, Sec. 73. (SB 1220) Effective January 1, 2015.)
  154. 25101.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 39. School Employer Retirement Investment Product Vendor Registration Process and Information Bank [25100 - 25115] ( Chapter 39 added by Stats. 2002, Ch. 1095, Sec. 2. )

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    Prospective 403(b) vendors must register their products with the board, registered vendors may offer only registered products, and vendors must provide required disclosures in the board’s format.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 39. School Employer Retirement Investment Product Vendor Registration Process and Information Bank [25100 - 25115] ( Chapter 39 added by Stats. 2002, Ch. 1095, Sec. 2. ) ## 25101. A prospective vendor of 403(b) products that offers those products, or the products of other 403(b) vendors, to employers and their eligible employees, shall register those products with the board pursuant to this chapter. Registered vendors shall offer only registered 403(b) products as funding vehicles for 403(b) plans. (a) Prospective vendors shall be registered with the board based upon a complete response to the disclosures required by this subdivision. This information shall be included in the impartial investment information bank established pursuant to Section 25104. The prospective vendors shall provide the following information: (1) A statement of experience in California and in other states in providing retirement annuities, custodial account mutual fund arrangements, or other retirement products and related financial services under public employer retirement plans. (2) A characterization by the vendor of its offering as either an annuity or custodial account, as defined under Sections 403(b)(1) and 403(b)(7) of the Internal Revenue Code, respectively. (3) A disclosure of all expenses paid directly or indirectly by retirement plan participants, including, but not limited to, penalties for early withdrawals, declining or fixed withdrawal charges, surrender or deposit charges, management fees, and annual fees, supported by documentation as required for prospectus disclosure by the Financial Industry Regulatory Authority and the Securities and Exchange Commission. Vendors shall be required to provide information regarding the impact of product fees upon a hypothetical investment, as described in Section 25104. (4) The types of products, product features, including presence of two tier annuity features, services offered to participants, and information about how to access product prospectuses or other relevant product information. (5) A discussion of the ability, experience, and commitment of the vendor to provide retirement counseling and education services, including, but not limited to, access to group meetings and individual counseling by various means, including telephone and telecommunications devices for the deaf (TDD), Internet, and face-to-face consultations by registered representatives. (6) A statement of the financial strength and stability of the vendor, as may be applicable, by identifying its ratings assigned by nationally recognized rating services that evaluate the financial strength of life insurance, mutual funds, and other similar companies. (7) The location of offices and counselors, or method of distribution, of the vendor relative to serving employers and their eligible employees in California. (8) A description of the ability of the vendor to comply with all applicable provisions of federal and state law governing retirement plans, including minimum distribution requirements and contribution limits. (9) To the extent applicable, the demonstrated ability of the vendor to offer an appropriate array of accumulation funding options, including, but not limited to, a diversified mix of value, growth, growth and income, hybrid and index funds or accounts across large, mid, and small capitalization asset classes, both domestic and international. These investment products may include mutual funds, group or individual annuity contracts, fixed or variable annuity contracts, individual retirement annuities, interests in trust and collective trusts, separate accounts, and other financial instruments. (10) A discussion of the range of administrative and customer services provided, including asset allocation, accounting and administration of benefits for individual participants, recordkeeping for individual participants, asset purchase, control, and safekeeping, execution of a participant’s instructions as to asset and contribution allocation, calculation of daily net asset values, direct access for participants to their account information, periodic reporting to active participants, not less than quarterly, on their account balances and transactions, and compliance with the standard of care applicable in the provision of investment services and consistent with federal law. (11) Certification by the vendor that the information provided to the board accurately reflects the provisions of the Section 403(b) products they register pursuant to this chapter. (b) Registration may not be conditioned upon the content of the information. (c) Vendors shall supply information and data in the format required by the board. (Amended by Stats. 2013, Ch. 558, Sec. 51. (AB 1379) Effective January 1, 2014.)
  155. 25102.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 39. School Employer Retirement Investment Product Vendor Registration Process and Information Bank [25100 - 25115] ( Chapter 39 added by Stats. 2002, Ch. 1095, Sec. 2. )

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    Vendors must renew registration on a recurring schedule, and registered vendors must update product information when required; the board must give public notice and update the information bank when material changes are reported.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 39. School Employer Retirement Investment Product Vendor Registration Process and Information Bank [25100 - 25115] ( Chapter 39 added by Stats. 2002, Ch. 1095, Sec. 2. ) ## 25102. Registration shall be offered to vendors once annually, and renewal of registration shall be required at least once every five years thereafter for vendors that wish to continue to participate. The board shall provide public notice prior to the initial registration, annual registration, and registration renewal periods. The board may require, through a password-based update system that allows vendors to access the registration list for the purposes of updating their product information, or through other means, an update of the information required to be provided under Section 25101 with each registration renewal. Registered vendors shall submit to the board within the time required by the Securities and Exchange Commission an amendment to the information required to be provided under Section 25101 to reflect material changes to the products or services offered that occur between registration or renewal periods. Registered vendors may register additional 403(b) products with the board between registration or renewal periods by providing the board the information required under Section 25101 and fees required under subdivision (c) of Section 25108. Upon receipt of information reflecting material changes or additions to the products or services offered by registered vendors that occur between registration or renewal periods, the board shall reflect those changes in the impartial investment information bank established pursuant to Section 25104 within the time required by the Securities and Exchange Commission. (Added by Stats. 2002, Ch. 1095, Sec. 2. Effective January 1, 2003.)
  156. 25103.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 39. School Employer Retirement Investment Product Vendor Registration Process and Information Bank [25100 - 25115] ( Chapter 39 added by Stats. 2002, Ch. 1095, Sec. 2. )

    Verify source ↗

    The board may remove vendors from the registry for inaccurate information, unpaid fees, or missing change notices, and must remove vendors who are unlicensed or whose license was revoked for prohibited conduct.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 39. School Employer Retirement Investment Product Vendor Registration Process and Information Bank [25100 - 25115] ( Chapter 39 added by Stats. 2002, Ch. 1095, Sec. 2. ) ## 25103. (a) The board may remove a vendor from the registry if the vendor submits materially inaccurate information to the board, does not remit assessed fees within 60 days, or fails to submit notice of material changes to its registered investment products, pursuant to Section 25102. Vendors found to have submitted materially inaccurate information to the board shall be allowed 60 days to correct the information. The board may refer vendors that submit information required under Section 25102 that is materially inaccurate and may constitute conduct prohibited by the Financial Industry Regulatory Authority and the California Department of Insurance to those entities. (b) The board shall remove a vendor from the registry if the vendor is not licensed or has had its license revoked by the Financial Industry Regulatory Authority or the California Department of Insurance for engaging in conduct prohibited by those entities. (c) The board shall establish an appeals process pursuant to Section 22219 for vendors that are denied registration or removed from the registry. (Amended by Stats. 2013, Ch. 558, Sec. 52. (AB 1379) Effective January 1, 2014.)
  157. 25104.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 39. School Employer Retirement Investment Product Vendor Registration Process and Information Bank [25100 - 25115] ( Chapter 39 added by Stats. 2002, Ch. 1095, Sec. 2. )

    Verify source ↗

    The board must keep an impartial online investment information bank and cannot rank or favor vendors or products.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 39. School Employer Retirement Investment Product Vendor Registration Process and Information Bank [25100 - 25115] ( Chapter 39 added by Stats. 2002, Ch. 1095, Sec. 2. ) ## 25104. (a) The board shall maintain an impartial investment information bank, via an Internet Web site, containing the information required by Section 25101 about the retirement investment products offered by each registered vendor and objective comparisons of vendors and types of products. (b) The information bank shall include information on investment performance based upon the investment’s average annual total return, as measured by a nationally recognized rating service selected by the board for standard periods of time of not less than one year. (c) The Web site shall include a table showing, for each registered fund, the total fee cost in dollars incurred by a shareholder who initially invested ten thousand dollars ($10,000), earned a 5 percent rate of return for one, five, 10, 15, and 20 year time periods. This table shall be accompanied by a disclaimer that the rate of return is for purposes of illustrating the respective impacts of different fee amounts on each investment, and is not to predict future investment returns. (d) The board shall have the authority to organize data, but may not subjectively rank or give preference to a vendor or product. (Added by Stats. 2002, Ch. 1095, Sec. 2. Effective January 1, 2003.)
  158. 25105.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 39. School Employer Retirement Investment Product Vendor Registration Process and Information Bank [25100 - 25115] ( Chapter 39 added by Stats. 2002, Ch. 1095, Sec. 2. )

    Verify source ↗

    The board must tell members about the impartial investment information bank and its website address in newsletters and in certain account statements.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 39. School Employer Retirement Investment Product Vendor Registration Process and Information Bank [25100 - 25115] ( Chapter 39 added by Stats. 2002, Ch. 1095, Sec. 2. ) ## 25105. The board shall include notice of the existence of, and the Internet Web site address for, the impartial investment information bank in each newsletter sent to members. The board shall include a notice in the individual account statements of members of the Defined Benefit Program and participants of the Cash Balance Benefit Program that explains the purpose and Web site address of the impartial investment information bank. (Added by Stats. 2002, Ch. 1095, Sec. 2. Effective January 1, 2003.)
  159. 25106.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 39. School Employer Retirement Investment Product Vendor Registration Process and Information Bank [25100 - 25115] ( Chapter 39 added by Stats. 2002, Ch. 1095, Sec. 2. )

    Verify source ↗

    The board must design the information bank website and provide retirement investment product information, education materials, and specified preface content.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 39. School Employer Retirement Investment Product Vendor Registration Process and Information Bank [25100 - 25115] ( Chapter 39 added by Stats. 2002, Ch. 1095, Sec. 2. ) ## 25106. The board shall design the information bank Internet Web site and include retirement investment product plan information and education materials taken from and referenced to the Internal Revenue Service, the Securities and Exchange Commission, the National Association of Insurance Commissioners, and other applicable governmental or regulatory agencies. Information shall be presented and used in a manner that is consistent with the rules of those agencies and with rules of the Financial Industry Regulatory Authority. The information shall be offered as a preface to the vendor information required in Section 25101. The preface shall include, but shall not be limited to, the following information: (a) An explanation of Section 403(b) of the Internal Revenue Code of 1986. (b) The retirement investment products that may be purchased under Section 403(b) of the Internal Revenue Code of 1986, and with definitions of those products. (c) Definitions or explanations of all fees referred to in the investment information bank. (Amended by Stats. 2013, Ch. 558, Sec. 53. (AB 1379) Effective January 1, 2014.)
  160. 25107.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 39. School Employer Retirement Investment Product Vendor Registration Process and Information Bank [25100 - 25115] ( Chapter 39 added by Stats. 2002, Ch. 1095, Sec. 2. )

    Verify source ↗

    A vendor may not charge an undisclosed fee tied to a registered 403(b) product.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 39. School Employer Retirement Investment Product Vendor Registration Process and Information Bank [25100 - 25115] ( Chapter 39 added by Stats. 2002, Ch. 1095, Sec. 2. ) ## 25107. A vendor may not charge a fee associated with a registered 403(b) product that is not disclosed, pursuant to Section 25101. (Amended by Stats. 2004, Ch. 912, Sec. 26. Effective January 1, 2005.)
  161. 25108.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 39. School Employer Retirement Investment Product Vendor Registration Process and Information Bank [25100 - 25115] ( Chapter 39 added by Stats. 2002, Ch. 1095, Sec. 2. )

    Verify source ↗

    Registered vendors must help pay the costs of the vendor registration system and information bank, including establishment, renewal, and administrative fees. The board may not use member services resources or personnel to set up or maintain the registration list.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 39. School Employer Retirement Investment Product Vendor Registration Process and Information Bank [25100 - 25115] ( Chapter 39 added by Stats. 2002, Ch. 1095, Sec. 2. ) ## 25108. (a) The actual cost of establishing the vendor registration system and the investment information bank shall be borne equally by registered vendors, based on the total number of registered vendors. Each registered vendor shall pay a one-time establishment fee equal to a pro rata share of the establishment costs charged to vendors that register with the board prior to the close of the initial registration period, as determined by the board. The one-time establishment fee charged to vendors that register with the board after the completion of the initial registration period shall be distributed equally among registered vendors that have paid the establishment fee, and credited toward subsequent maintenance and administrative fees charged to each vendor. (b) The actual cost of maintaining the vendor registration system and the investment information bank, and the costs associated with publicizing the availability of the investment information bank to local school districts, community college districts, and county offices of education and their employees, shall be borne equally by registered vendors, based on the total number of registered vendors. Each registered vendor shall pay a renewal fee equal to a pro rata share of the maintenance costs, as determined by the board. (c) Each registered vendor shall pay an administrative fee for each 403(b) product it offers to school employees, which shall represent the actual costs associated with processing the information related to the investment option and presenting it on the investment information bank, as determined by the board. (d) The board may not divert member services resources or personnel to establish or maintain the registration list. (Added by Stats. 2002, Ch. 1095, Sec. 2. Effective January 1, 2003.)
  162. 25109.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 39. School Employer Retirement Investment Product Vendor Registration Process and Information Bank [25100 - 25115] ( Chapter 39 added by Stats. 2002, Ch. 1095, Sec. 2. )

    Verify source ↗

    Participating vendors may not use the system’s logo or suggest board/system endorsement, and the board and system are not liable for vendor-provided information or other registered vendors’ actions.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 39. School Employer Retirement Investment Product Vendor Registration Process and Information Bank [25100 - 25115] ( Chapter 39 added by Stats. 2002, Ch. 1095, Sec. 2. ) ## 25109. (a) The board and the system, and its officers and employees, are not responsible for, and may not be held liable for the adequacy of the information provided by the participating vendors contained in the information bank. The information bank maintained by the board serves only to provide information supplied by the participating vendors for the consideration of selection of 403(b) products. (b) Participating vendors may not utilize the system’s logo, or claim or infer any endorsement or recommendation by the board or the system with respect to products and services identified by the vendors in the information bank. At the discretion of the board, a violation of this section may lead to removal from the registry. This restriction does not apply to 403(b) products offered by the board to school employees pursuant to Section 24950. (c) The board and the system may not be held liable for the actions of other registered vendors. (Added by Stats. 2002, Ch. 1095, Sec. 2. Effective January 1, 2003.)
  163. 25110.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 39. School Employer Retirement Investment Product Vendor Registration Process and Information Bank [25100 - 25115] ( Chapter 39 added by Stats. 2002, Ch. 1095, Sec. 2. )

    Verify source ↗

    The board must complete the initial registration process on or before July 1, 2004.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 39. School Employer Retirement Investment Product Vendor Registration Process and Information Bank [25100 - 25115] ( Chapter 39 added by Stats. 2002, Ch. 1095, Sec. 2. ) ## 25110. The board shall complete the initial registration process on or before July 1, 2004. (Added by Stats. 2002, Ch. 1095, Sec. 2. Effective January 1, 2003.)
  164. 25111.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 39. School Employer Retirement Investment Product Vendor Registration Process and Information Bank [25100 - 25115] ( Chapter 39 added by Stats. 2002, Ch. 1095, Sec. 2. )

    Verify source ↗

    Each employer may develop a process to help employees learn about and access information in the board’s impartial investment bank.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 39. School Employer Retirement Investment Product Vendor Registration Process and Information Bank [25100 - 25115] ( Chapter 39 added by Stats. 2002, Ch. 1095, Sec. 2. ) ## 25111. Each employer, in consultation with the exclusive bargaining agent of its employees, if any, may develop a process to ensure that employees are aware of, and have access to, information provided in the impartial investment bank maintained by the board. (Amended by Stats. 2008, Ch. 230, Sec. 5. Effective January 1, 2009.)
  165. 25112.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 39. School Employer Retirement Investment Product Vendor Registration Process and Information Bank [25100 - 25115] ( Chapter 39 added by Stats. 2002, Ch. 1095, Sec. 2. )

    Verify source ↗

    Personnel acting for an employer, including elected school officials, must not accept vendor consideration in exchange for promoting a vendor or its products.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 39. School Employer Retirement Investment Product Vendor Registration Process and Information Bank [25100 - 25115] ( Chapter 39 added by Stats. 2002, Ch. 1095, Sec. 2. ) ## 25112. Personnel, including elected school officials, acting on behalf of an employer, may not receive consideration from a vendor in exchange for the promotion of a particular vendor or vendor’s products. (Amended by Stats. 2008, Ch. 230, Sec. 6. Effective January 1, 2009.)
  166. 25113.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 39. School Employer Retirement Investment Product Vendor Registration Process and Information Bank [25100 - 25115] ( Chapter 39 added by Stats. 2002, Ch. 1095, Sec. 2. )

    Verify source ↗

    An employer must not forward annuity or custodial account consideration to the vendor of an unregistered 403(b) product, except for employee contributions described in Section 25114.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 39. School Employer Retirement Investment Product Vendor Registration Process and Information Bank [25100 - 25115] ( Chapter 39 added by Stats. 2002, Ch. 1095, Sec. 2. ) ## 25113. An employer may not forward annuity or custodial account consideration to the vendor of any unregistered 403(b) product, except insofar as an employee continues making contributions to an unregistered product or products as described in Section 25114. (Amended by Stats. 2008, Ch. 230, Sec. 7. Effective January 1, 2009.)
  167. 25114.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 39. School Employer Retirement Investment Product Vendor Registration Process and Information Bank [25100 - 25115] ( Chapter 39 added by Stats. 2002, Ch. 1095, Sec. 2. )

    Verify source ↗

    Employees must use registered 403(b) products unless this section allows them to keep contributing to certain older unregistered products.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 39. School Employer Retirement Investment Product Vendor Registration Process and Information Bank [25100 - 25115] ( Chapter 39 added by Stats. 2002, Ch. 1095, Sec. 2. ) ## 25114. Except as provided in this section, an employee shall select from registered 403(b) products. (a) An employee of a local school district, community college district, or county office of education may continue to make contributions to unregistered products purchased or entered into prior to November 30, 2004. (b) A state employee of a state employer under the uniform state payroll system, excluding the California State University System, eligible to participate in an annuity contract and custodial account as described in Section 403(b) of the Internal Revenue Code of 1986, may continue to make contributions to unregistered products purchased or entered into prior to January 1, 2009. (Amended by Stats. 2012, Ch. 864, Sec. 18. (AB 2663) Effective January 1, 2013.)
  168. 25115.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 39. School Employer Retirement Investment Product Vendor Registration Process and Information Bank [25100 - 25115] ( Chapter 39 added by Stats. 2002, Ch. 1095, Sec. 2. )

    Verify source ↗

    Section 770.3 of the Insurance Code does not apply for this chapter’s 403(b) investment product restrictions.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] ( Part 13 repealed and added by Stats. 1993, Ch. 893, Sec. 2. ) ## CHAPTER 39. School Employer Retirement Investment Product Vendor Registration Process and Information Bank [25100 - 25115] ( Chapter 39 added by Stats. 2002, Ch. 1095, Sec. 2. ) ## 25115. For purposes of restricting the use of 403(b) investment products provided to eligible employees of employers by those vendors and investment products registered with the board pursuant to this chapter, the provisions of Section 770.3 of the Insurance Code do not apply. (Amended by Stats. 2008, Ch. 230, Sec. 9. Effective January 1, 2009.)
  169. 252.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 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 8. Compliance [250 - 253] ( Heading of Article 8 renumbered from Article 5 by Stats. 1998, Ch. 914, Sec. 29. )

    Verify source ↗

    The Superintendent of Public Instruction must review and revise department programs for school districts to improve gender equity, provide gender- and ethnicity-based data on request where possible, and ask the U.S. Department of Education to amend a federal grant so funds can also support gender equity monitoring and assistance.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 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 8. Compliance [250 - 253] ( Heading of Article 8 renumbered from Article 5 by Stats. 1998, Ch. 914, Sec. 29. ) ## 252. (a) The Superintendent of Public Instruction shall, to the extent possible within existing resources, review and revise, where necessary, the policies and practices of programs administered by the department that provide services to school districts in order to promote improved gender equity. (b) The superintendent shall make available, upon request, wherever possible, the following data, compiled by gender and ethnicity: (1) Assessment scores for all grades tested. (2) The number of pupils enrolled in mathematics and science courses, as well as courses in other fields of study in which ethnic minority populations or members of either gender have been traditionally underrepresented among participants. (3) The number of high school graduates. (4) The number of high school graduates who complete the minimum requirements for admission to the University of California. (5) The number of pupils who leave school before graduation. (6) The number of pupils participating in interscholastic athletics. (c) The superintendent shall request the United States Department of Education to amend the Title IV-C grant for race, sex, and national origin desegregation received pursuant to Section 2000c-2 of Title 42 of the United States Code, and any regulations adopted pursuant thereto, so that funds received under those federal laws that are currently designated for technical assistance activities also may be used for gender equity monitoring and assistance activities. (Added by Stats. 1993, Ch. 1123, Sec. 1. Effective January 1, 1994.)
  170. 253.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 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 8. Compliance [250 - 253] ( Heading of Article 8 renumbered from Article 5 by Stats. 1998, Ch. 914, Sec. 29. )

    Verify source ↗

    The Superintendent of Public Instruction must include sex-discrimination compliance in the annual compliance manual and review 20 school districts each year, including their sexual-harassment complaint records.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 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 8. Compliance [250 - 253] ( Heading of Article 8 renumbered from Article 5 by Stats. 1998, Ch. 914, Sec. 29. ) ## 253. (a) Compliance with the sex discrimination provisions of this chapter and regulations adopted pursuant to this chapter shall be included in the annual Coordinated Compliance Review Manual provided to school districts by the Superintendent of Public Instruction. Any review of that compliance shall also include a review of the school district’s records of complaints of sexual harassment brought by pupils and employees of the school district. (b) The superintendent shall annually review 20 school districts for compliance with sex discrimination laws and regulations as specified in subdivision (a). The superintendent shall select from those districts subject to review, in a given year, a sampling of districts from each of the following categories: (1) Those districts within which the greatest number of sex discrimination complaints have been filed since its previous coordinated compliance review. (2) Those districts with the largest enrollments. (3) All other districts, selected on a random basis. (c) The superintendent and the department shall only be required to implement the provisions enumerated in this section in fiscal years in which sufficient funds have been appropriated for those purposes. (Amended by Stats. 1998, Ch. 914, Sec. 32. Effective January 1, 1999.)
  171. 2550.3.

    ## 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 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] ( Part 2 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 12. County Tax Rates, County Superintendents [2550.3 - 2573] ( Chapter 12 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Computation of Revenue Limits [2550.3 - 2558] ( Article 3 added by Stats. 1979, Ch. 282. )

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    County superintendents of schools must separately report specified attendance-excuse data to the Superintendent of Public Instruction by the stated 1998 dates, as a condition of apportionment.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 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 12. County Tax Rates, County Superintendents [2550.3 - 2573] ( Chapter 12 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Computation of Revenue Limits [2550.3 - 2558] ( Article 3 added by Stats. 1979, Ch. 282. ) ## 2550.3. Each county superintendent of schools, as a condition of apportionment, shall report separately to the Superintendent of Public Instruction, not later than May 1, 1998, and September 1, 1998, respectively, what portions of attendance in the schools and classes maintained by the county superintendent that was reported for each of the 1996–97 and 1997–98 school years pursuant to Section 41601 consisted of absences excused pursuant to subdivision (b) of Section 46010 and to Section 46015, as those sections read on July 1, 1996. Each report shall be prepared in accordance with instructions and on forms prescribed by the Superintendent of Public Instruction. (Amended by Stats. 1998, Ch. 846, Sec. 1. Effective September 25, 1998.)
  172. 2553.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 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 12. County Tax Rates, County Superintendents [2550.3 - 2573] ( Chapter 12 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Computation of Revenue Limits [2550.3 - 2558] ( Article 3 added by Stats. 1979, Ch. 282. )

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    County superintendents of schools may receive funds for major capital outlay or major repair/replacement projects that cannot be funded from other revenue sources, and those funds must be used only for this section’s purposes.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] ( Part 2 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 12. County Tax Rates, County Superintendents [2550.3 - 2573] ( Chapter 12 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Computation of Revenue Limits [2550.3 - 2558] ( Article 3 added by Stats. 1979, Ch. 282. ) ## 2553. For major capital outlay projects or major repair or replacement projects, which cannot be funded by other revenue sources, county superintendents of schools shall be eligible for such funds in the same manner as specified by law for school districts. Any funds apportioned to the county superintendent pursuant to this section shall be restricted to the purposes of this section. (Amended by Stats. 1980, Ch. 1354, Sec. 2.5. Effective September 30, 1980.)
  173. 2555.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 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 12. County Tax Rates, County Superintendents [2550.3 - 2573] ( Chapter 12 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Computation of Revenue Limits [2550.3 - 2558] ( Article 3 added by Stats. 1979, Ch. 282. )

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    Beginning July 1, 1979, the Superintendent of Public Instruction must apportion funds to each county superintendent for certain school building aid 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 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] ( Part 2 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 12. County Tax Rates, County Superintendents [2550.3 - 2573] ( Chapter 12 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Computation of Revenue Limits [2550.3 - 2558] ( Article 3 added by Stats. 1979, Ch. 282. ) ## 2555. Beginning July 1, 1979, the Superintendent of Public Instruction shall apportion an amount to each county superintendent sufficient for payments required pursuant to any school building aid law previously funded by a tax levied pursuant to Section 2503. (Added by Stats. 1979, Ch. 282.)
  174. 2556.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 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 12. County Tax Rates, County Superintendents [2550.3 - 2573] ( Chapter 12 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Computation of Revenue Limits [2550.3 - 2558] ( Article 3 added by Stats. 1979, Ch. 282. )

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    For certain purposes, specified property tax revenues are treated as revenues received by the county superintendent of schools.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] ( Part 2 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 12. County Tax Rates, County Superintendents [2550.3 - 2573] ( Chapter 12 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Computation of Revenue Limits [2550.3 - 2558] ( Article 3 added by Stats. 1979, Ch. 282. ) ## 2556. For the purposes of the allocation of property tax revenues for the 1979–80 fiscal year and each fiscal year thereafter pursuant to Part 0.5 (commencing with Section 95) of Division 1 of the Revenue and Taxation Code, property tax revenues received for the 1977–78 fiscal year pursuant to Sections 41203 and 84203 of the Education Code, or for the 1978–79 fiscal year pursuant to Section 2 of Chapter 51, Statutes of 1979, shall be deemed to be property tax revenues received by the county superintendent of schools. (Added by Stats. 1979, Ch. 282.)
  175. 2558.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 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 12. County Tax Rates, County Superintendents [2550.3 - 2573] ( Chapter 12 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Computation of Revenue Limits [2550.3 - 2558] ( Article 3 added by Stats. 1979, Ch. 282. )

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    The Superintendent must apportion state aid under this section, and county superintendents must make specified revenue-limit adjustments and exclusions when calculating amounts.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 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 12. County Tax Rates, County Superintendents [2550.3 - 2573] ( Chapter 12 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Computation of Revenue Limits [2550.3 - 2558] ( Article 3 added by Stats. 1979, Ch. 282. ) ## 2558. Notwithstanding any other law, for the 1979–80 fiscal year and each fiscal year thereafter, the Superintendent shall apportion state aid to county superintendents of schools pursuant to this section. (a) The Superintendent shall total the amounts computed for the fiscal year pursuant to Sections 2550, 2551.3, 2554, 2555, and 2557 and Section 2551, as that section read on January 1, 1999. For the 1979–80 fiscal year and for purposes of calculating the 1979–80 fiscal year base amounts in succeeding fiscal years, the amounts in Sections 2550, 2551, 2552, 2554, 2555, and 2557, as they read in the 1979–80 fiscal year, shall be multiplied by a factor of 0.994. For the 1981–82 fiscal year and for purposes of calculating the 1981–82 fiscal year base amounts in succeeding fiscal years, the amount in this subdivision shall be multiplied by a factor of 0.97. (b) For the 1995–96 fiscal year and each fiscal year thereafter, the county superintendent of schools shall adjust the total revenue limit computed pursuant to this section by the amount of increased or decreased employer contributions to the Public Employees’ Retirement System resulting from the enactment of Chapter 330 of the Statutes of 1982, adjusted for any changes in those contributions resulting from subsequent changes in employer contribution rates, excluding rate changes due to the direct transfer of the state-mandated portion of the employer contributions to the Public Employees’ Retirement System through the current fiscal year. The adjustment shall be calculated for each county superintendent of schools as follows: (1) Determine the amount of employer contributions that would have been made in the current fiscal year if the applicable Public Employees’ Retirement System employee contribution rate in effect immediately before the enactment of Chapter 330 of the Statutes of 1982 were in effect during the current fiscal year. (2) Determine the actual amount of employer contributions made to the Public Employees’ Retirement System in the current fiscal year. (3) If the amount determined in paragraph (1) is greater than the amount determined in paragraph (2), the total revenue limit computed pursuant to this part for that county superintendent of schools shall be decreased by the amount of the difference between those paragraphs; or if the amount determined in paragraph (1) is less than the amount determined in paragraph (2), the total revenue limit for that county superintendent of schools shall be increased by the amount of the difference between those paragraphs. (4) For purposes of this subdivision, employer contributions to the Public Employees’ Retirement System for either of the following positions shall be excluded from the calculation specified above: (A) Positions or portions of positions supported by federal funds that are subject to supplanting restrictions. (B) Positions supported, to the extent of employers’ contributions not exceeding twenty-five thousand dollars ($25,000) by any single educational agency, from a non-General Fund revenue source determined to be properly excludable from this subdivision by the Superintendent with the approval of the Director of Finance. Commencing in the 2002–03 fiscal year, only positions supported from a non-General Fund revenue source determined to be properly excludable as identified for a particular local educational agency or pursuant to a blanket waiver by the Superintendent and the Director of Finance, before the 2002–03 fiscal year, may be excluded pursuant to this paragraph. (5) For accounting purposes, any reduction to county office of education revenue limits made by this subdivision may be reflected as an expenditure from appropriate sources of revenue as directed by the Superintendent. (6) The amount of the increase or decrease to the revenue limits of county superintendents of schools made by this subdivision for the 1995–96 to 2001–02 fiscal years, inclusive, may not be adjusted by the deficit factor applied to the revenue limit of each county superintendent of schools pursuant to Section 2558.45. (7) For the 2003–04 fiscal year and any fiscal year thereafter, the revenue limit reduction specified in Section 2558.46 may not be applied to the amount of the increase or decrease to the revenue limits of each county superintendent of schools computed pursuant to paragraph (3). (c) The Superintendent shall also subtract from the amount determined in subdivision (a) the sum of all of the following: (1) Local property tax revenues received pursuant to Section 2573 in the then current fiscal year, and tax revenues received pursuant to Section 2556 in the then current fiscal year. (2) State and federal categorical aid for the fiscal year. (3) District contributions pursuant to Section 52321 for the fiscal year, and other applicable local contributions and revenues. (4) Any amounts that the county superintendent of schools was required to maintain as restricted and not available for expenditure in the 1978–79 fiscal year as specified in the second paragraph of subdivision (c) of Section 6 of Chapter 292 of the Statutes of 1978, as amended by Chapter 51 of the Statutes of 1979. (5) The amount received pursuant to subparagraph (C) of paragraph (3) of subdivision (a) of Section 33607.5 of the Health and Safety Code that is considered property taxes pursuant to that section. (6) The amount, if any, received pursuant to Sections 34177, 34179.5, 34179.6, and 34188 of the Health and Safety Code. (7) The amount, if any, received pursuant to subparagraph (B) of paragraph (3) of subdivision (e) of Section 36 of Article XIII of the California Constitution. (d) The remainder computed in subdivision (c) shall be distributed in the same manner as state aid to school districts from funds appropriated to Section A of the State School Fund. (e) If the remainder determined pursuant to subdivision (c) is a negative amount, no state aid shall be distributed to that county superintendent of schools pursuant to subdivision (d), and an amount of funds of that county superintendent of schools equal to that negative amount shall be deemed restricted and not available for expenditure during the current fiscal year. In the next fiscal year, that amount shall be considered local property tax revenue for purposes of the operation of paragraph (1) of subdivision (c). (f) The calculations set forth in paragraphs (1) to (3), inclusive, of subdivision (b) exclude employer contributions for employees of charter schools funded pursuant to Article 2 (commencing with Section 47633) of Chapter 6 of Part 26.8 of Division 4 of Title 2. (g) Commencing with the 2013–14 fiscal year, this section shall be used only for purposes of allocating revenues received pursuant to subparagraph (B) of paragraph (3) of subdivision (e) of Section 36 of Article XIII of the California Constitution. (h) This section shall become inoperative on July 1, 2033, and, as of January 1, 2034, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2034, deletes or extends the dates on which it becomes inoperative and is repealed. (Amended by Stats. 2018, Ch. 32, Sec. 4. (AB 1808) Effective June 27, 2018. Inoperative July 1, 2033. Repealed as of January 1, 2034, by its own provisions.)
  176. 2570.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 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 12. County Tax Rates, County Superintendents [2550.3 - 2573] ( Chapter 12 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Allocation of Property Tax Revenues [2570 - 2573] ( Article 4 added by Stats. 1980, Ch. 797, Sec. 4. )

    Verify source ↗

    The county superintendent of schools must allocate property tax revenues under this article for the 1980–81 fiscal year and each fiscal year after that.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 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 12. County Tax Rates, County Superintendents [2550.3 - 2573] ( Chapter 12 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Allocation of Property Tax Revenues [2570 - 2573] ( Article 4 added by Stats. 1980, Ch. 797, Sec. 4. ) ## 2570. For the 1980–81 fiscal year and each fiscal year thereafter the county superintendent of schools shall allocate property tax revenues pursuant to this article. (Added by Stats. 1980, Ch. 797, Sec. 4. Effective July 28, 1980.)
  177. 2571.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 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 12. County Tax Rates, County Superintendents [2550.3 - 2573] ( Chapter 12 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Allocation of Property Tax Revenues [2570 - 2573] ( Article 4 added by Stats. 1980, Ch. 797, Sec. 4. )

    Verify source ↗

    The Superintendent must perform specified calculations for each county superintendent of schools using prior-year and current-year property tax revenue figures.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 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 12. County Tax Rates, County Superintendents [2550.3 - 2573] ( Chapter 12 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Allocation of Property Tax Revenues [2570 - 2573] ( Article 4 added by Stats. 1980, Ch. 797, Sec. 4. ) ## 2571. The Superintendent shall make the following computations for each county superintendent of schools: (a) Add the property tax revenues received for the 1977–78 fiscal year pursuant to subdivisions (b), (c), and (d) of Section 2500, Section 2501 for purposes of Section 1705, Section 2502 for purposes of Section 56811, Section 2505 for special education tuition charges, Section 42909 for purposes of Section 56604, and Section 56364 or Section 56364.2, as applicable. For purposes of this subdivision, section references are to sections effective during the 1977–78 fiscal year. (b) Divide the sum computed pursuant to subdivision (a) by the total amount of property tax revenues received by the county superintendent of schools for the 1977–78 fiscal year. (c) Multiply the quotient computed pursuant to subdivision (b) by the total amount of property tax revenues received by the county superintendent of schools for the then current fiscal year. (d) Subtract the product computed pursuant to subdivision (c) from the total amount of property tax revenues received by the county superintendent of schools for the then current fiscal year. (e) For purposes of subdivisions (c) and (d), “total property tax revenues” include taxes on the secured roll, taxes on the unsecured roll, prior year taxes, subventions of property taxes, and, beginning in the 2012–13 fiscal year, revenues received pursuant to Sections 34177, 34179.5, 34179.6, and 34188 of the Health and Safety Code. (Amended by Stats. 2012, Ch. 38, Sec. 5. (SB 1016) Effective June 27, 2012.)
  178. 2572.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 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 12. County Tax Rates, County Superintendents [2550.3 - 2573] ( Chapter 12 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Allocation of Property Tax Revenues [2570 - 2573] ( Article 4 added by Stats. 1980, Ch. 797, Sec. 4. )

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    The amount computed under Section 2571(c) is the property tax revenue amount allocated to special education 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 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] ( Part 2 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 12. County Tax Rates, County Superintendents [2550.3 - 2573] ( Chapter 12 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Allocation of Property Tax Revenues [2570 - 2573] ( Article 4 added by Stats. 1980, Ch. 797, Sec. 4. ) ## 2572. The product computed pursuant to subdivision (c) of Section 2571 is the amount of property tax revenues to be allocated to special education programs. This amount shall be subtracted pursuant to Section 56836.15. (Amended by Stats. 2020, Ch. 24, Sec. 2. (SB 98) Effective June 29, 2020.)
  179. 2573.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 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 12. County Tax Rates, County Superintendents [2550.3 - 2573] ( Chapter 12 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Allocation of Property Tax Revenues [2570 - 2573] ( Article 4 added by Stats. 1980, Ch. 797, Sec. 4. )

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    This section says the remainder calculated under Section 2571(d) is the property tax revenue amount to be allocated for programs funded under Section 2558.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 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 12. County Tax Rates, County Superintendents [2550.3 - 2573] ( Chapter 12 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Allocation of Property Tax Revenues [2570 - 2573] ( Article 4 added by Stats. 1980, Ch. 797, Sec. 4. ) ## 2573. The remainder computed pursuant to subdivision (d) of Section 2571 is the amount of property tax revenues to be allocated for programs funded pursuant to Section 2558. (Added by Stats. 1980, Ch. 797, Sec. 4. Effective July 28, 1980.)
  180. 2574.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 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 12.5. County Local Control Funding Formula [2574 - 2579] ( Chapter 12.5 added by Stats. 2013, Ch. 47, Sec. 2. )

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    The Superintendent must annually calculate a county local control funding formula, and county superintendents must report specified pupil enrollment data each year.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] ( Part 2 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 12.5. County Local Control Funding Formula [2574 - 2579] ( Chapter 12.5 added by Stats. 2013, Ch. 47, Sec. 2. ) ## 2574. For the 2013–14 fiscal year and for each fiscal year thereafter, the Superintendent annually shall calculate a county local control funding formula for each county superintendent of schools as follows: (a) Compute a county office of education operations grant equal to the sum of each of the following amounts: (1) Six hundred fifty-five thousand nine hundred twenty dollars ($655,920). (2) One hundred nine thousand three hundred twenty dollars ($109,320) multiplied by the number of school districts for which the county superintendent of schools has jurisdiction pursuant to Section 1253. (3) (A) Seventy dollars ($70) multiplied by the number of units of countywide average daily attendance, up to a maximum of 30,000 units. (B) Sixty dollars ($60) multiplied by the number of units of countywide average daily attendance for the portion of countywide average daily attendance, if any, above 30,000 units, up to a maximum of 60,000 units. (C) Fifty dollars ($50) multiplied by the number of units of countywide average daily attendance for the portion of countywide average daily attendance, if any, above 60,000, up to a maximum of 140,000 units. (D) Forty dollars ($40) multiplied by the number of units of countywide average daily attendance for the portion of countywide average daily attendance, if any, above 140,000 units. (E) For purposes of this section, countywide average daily attendance means the aggregate number of annual units of average daily attendance within the county attributable to all school districts for which the county superintendent of schools has jurisdiction pursuant to Section 1253, charter schools authorized by school districts for which the county superintendent of schools has jurisdiction, and charter schools authorized by the county superintendent of schools. (4) For the 2014–15 fiscal year and each fiscal year thereafter, adjust each of the rates provided in the prior year pursuant to paragraphs (1), (2), and (3) by the percentage change in the annual average value of the Implicit Price Deflator for State and Local Government Purchases of Goods and Services for the United States, as published by the United States Department of Commerce for the 12-month period ending in the third quarter of the prior fiscal year. This percentage change shall be determined using the latest data available as of May 10 of the preceding fiscal year compared with the annual average value of the same deflator for the 12-month period ending in the third quarter of the second preceding fiscal year, using the latest data available as of May 10 of the preceding fiscal year, as reported by the Department of Finance. (5) Commencing with the 2022–23 fiscal year, add one hundred seventy-five thousand dollars ($175,000) to the amount specified in paragraph (2), as that rate was adjusted pursuant to paragraph (4). (6) Commencing with the 2022–23 fiscal year, add fourteen dollars ($14) to each of the amounts specified in subparagraphs (A) to (D), inclusive, of paragraph (3), as those rates were adjusted pursuant to paragraph (4). (b) Determine the enrollment percentage of unduplicated pupils pursuant to the following: (1) (A) For the 2013–14 fiscal year, divide the enrollment of unduplicated pupils in all schools operated by a county superintendent of schools in the 2013–14 fiscal year by the total enrollment in those schools in the 2013–14 fiscal year. (B) For the 2014–15 fiscal year, divide the sum of the enrollment of unduplicated pupils in all schools operated by a county superintendent of schools in the 2013–14 and 2014–15 fiscal years by the sum of the total enrollment in those schools in the 2013–14 and 2014–15 fiscal years. (C) For the 2015–16 fiscal year and each fiscal year thereafter, divide the sum of the enrollment of unduplicated pupils in all schools operated by a county superintendent of schools in the current fiscal year and the two prior fiscal years by the sum of the total enrollment in those schools in the current fiscal year and the two prior fiscal years. (D) (i) For purposes of the quotients determined pursuant to subparagraphs (B) and (C), the Superintendent shall use a county superintendent of schools’ enrollment of unduplicated pupils and total pupil enrollment in the 2014–15 fiscal year instead of the enrollment of unduplicated pupils and total pupil enrollment in the 2013–14 fiscal year if doing so would yield an overall greater percentage of unduplicated pupils. (ii) It is the intent of the Legislature to review each county office of education’s enrollment of unduplicated pupils for the 2013–14 and 2014–15 fiscal years and provide one-time funding, if necessary, for a county office of education with higher enrollment of unduplicated pupils in the 2014–15 fiscal year as compared to the 2013–14 fiscal year. (E) For purposes of determining the enrollment percentage of unduplicated pupils pursuant to this subdivision, enrollment in schools or classes established pursuant to Article 2.5 (commencing with Section 48645) of Chapter 4 of Part 27 of Division 4 of Title 2 and the enrollment of pupils other than the pupils identified in clauses (i) to (iii), inclusive, of subparagraph (A) of paragraph (4) of subdivision (c), shall be excluded from the calculation of the enrollment percentage of unduplicated pupils. (F) The data used to determine the percentage of unduplicated pupils shall be final once that data is no longer used in the current fiscal year calculation of the percentage of unduplicated pupils. This subparagraph does not apply to a change that is the result of an audit that has been appealed pursuant to Section 41344. (2) For purposes of this section, an “unduplicated pupil” is a pupil who is classified as an English learner, eligible for a free or reduced-price meal, or a foster youth. For purposes of this section, the definitions in Section 42238.01 of an English learner, a pupil eligible for a free or reduced-price meal, and foster youth shall apply. A pupil shall be counted only once for purposes of this section if any of the following apply: (A) The pupil is classified as an English learner and is eligible for a free or reduced-price meal. (B) The pupil is classified as an English learner and is a foster youth. (C) The pupil is eligible for a free or reduced-price meal and is classified as a foster youth. (D) The pupil is classified as an English learner, is eligible for a free or reduced-price meal, and is a foster youth. (3) (A) Under procedures and timeframes established by the Superintendent, commencing with the 2013–14 fiscal year, a county superintendent of schools annually shall report the enrollment of unduplicated pupils, pupils classified as English learners, pupils eligible for free and reduced-price meals, and foster youth in schools operated by the county superintendent of schools to the Superintendent using the California Longitudinal Pupil Achievement Data System. (B) The Superintendent shall make the calculations pursuant to this section using the data submitted through the California Longitudinal Pupil Achievement Data System. (C) The Controller shall include instructions, as appropriate, in the audit guide required by subdivision (a) of Section 14502.1, for determining if the data reported by a county superintendent of schools using the California Longitudinal Pupil Achievement Data System is consistent with pupil data records maintained by the county office of education. (c) Compute an alternative education grant equal to the sum of the following: (1) (A) (i) For the 2013–14 fiscal year to the 2022–23 fiscal year, inclusive, a base grant equal to the 2012–13 per pupil undeficited statewide average juvenile court school base revenue limit calculated pursuant to Article 3 (commencing with Section 2550) of Chapter 12, as that article read on January 1, 2013, and as adjusted each fiscal year pursuant to subparagraph (B). For purposes of this subparagraph, the 2012–13 statewide average juvenile court school base revenue limit shall be considered final as of the annual apportionment for the 2012–13 fiscal year, as calculated for purposes of the certification required on or before February 20, 2014, pursuant to Sections 41332 and 41339. (ii) For the 2023–24 fiscal year, a base grant equal to the grade span-adjusted base grant for average daily attendance in grades 9 to 12, inclusive, calculated pursuant to subdivision (d) of Section 42238.02, for the 2022–23 fiscal year, multiplied by 1.33, and then adjusted pursuant to subparagraph (B) for the 2023–24 fiscal year. (iii) Commencing with the 2024–25 fiscal year, and each fiscal year thereafter, a base grant equal to the amount calculated pursuant to clause (ii) and as adjusted each year pursuant to subparagraph (B). (B) Commencing with the 2013–14 fiscal year, the per pupil base grant shall be adjusted by the percentage change in the annual average value of the Implicit Price Deflator for State and Local Government Purchases of Goods and Services for the United States, as published by the United States Department of Commerce for the 12-month period ending in the third quarter of the prior fiscal year. This percentage change shall be determined using the latest data available as of May 10 of the preceding fiscal year compared with the annual average value of the same deflator for the 12-month period ending in the third quarter of the second preceding fiscal year, using the latest data available as of May 10 of the preceding fiscal year, as reported by the Department of Finance. (2) A supplemental grant equal to 35 percent of the base grant described in paragraph (1) multiplied by the enrollment percentage calculated in subdivision (b). The supplemental grant shall be expended in accordance with the regulations adopted pursuant to Section 42238.07. (3) (A) A concentration grant equal to 35 percent of the base grant described in paragraph (1) multiplied by the greater of either of the following: (i) The enrollment percentage calculated in subdivision (b) less 50 percent. (ii) Zero. (B) The concentration grant shall be expended in accordance with the regulations adopted pursuant to Section 42238.07. (4) (A) Multiply the sum of paragraphs (1), (2), and (3) by the total number of units of average daily attendance for pupils attending schools operated by a county office of education, excluding units of average daily attendance for pupils attending schools or classes established pursuant to Article 2.5 (commencing with Section 48645) of Chapter 4 of Part 27 of Division 4 of Title 2, who are enrolled pursuant to any of the following: (i) Probation-referred pursuant to Sections 300, 601, 602, and 654 of the Welfare and Institutions Code. (ii) On probation or parole and not in attendance in a school. (iii) Expelled for any of the reasons specified in subdivision (a) or (c) of Section 48915. (B) Multiply the number of units of average daily attendance for pupils attending schools or classes established pursuant to Article 2.5 (commencing with Section 48645) of Chapter 4 of Part 27 of Division 4 of Title 2 by the sum of the base grant calculated pursuant to paragraph (1), a supplemental grant equal to 35 percent of the base grant calculated pursuant to paragraph (1), and a concentration grant equal to 17.5 percent of the base grant calculated pursuant to paragraph (1). Funds provided for the supplemental and concentration grants pursuant to this calculation shall be expended in accordance with the regulations adopted pursuant to Section 42238.07. (C) Add the amounts calculated in subparagraphs (A) and (B). (5) Notwithstanding any other law, commencing with the 2023–24 fiscal year, and for purposes of this subdivision, average daily attendance shall be the sum of both of the following: (A) The average daily attendance reported by the county superintendent of schools for the annual reporting period for the current fiscal year, or the prior fiscal year if the prior year total is greater, or the average of the three most recent prior fiscal years if the average total is greater than both the current year and the prior year. (B) If applicable, the average daily attendance reported by a charter school in the county established pursuant to Section 47605.5 for the annual reporting period for the current fiscal year. (d) Add the amount calculated in subdivision (a) to the amount calculated in subparagraph (C) of paragraph (4) of subdivision (c). (e) Add all of the following to the amount calculated in subdivision (d): (1) The amount of funding a county superintendent of schools received for the 2012–13 fiscal year from funds allocated pursuant to the Targeted Instructional Improvement Block Grant program, as set forth in Article 6 (commencing with Section 41540) of Chapter 3.2 of Part 24 of Division 3 of Title 2, as that article read on January 1, 2013. (2) (A) The amount of funding a county superintendent of schools received for the 2012–13 fiscal year from funds allocated pursuant to the Home-to-School Transportation program, as set forth in former Article 2 (commencing with Section 39820) of Chapter 1 of Part 23.5 of Division 3 of Title 2, former Article 10 (commencing with Section 41850) of Chapter 5 of Part 24 of Division 3 of Title 2, and the Small School District Transportation program, as set forth in former Article 4.5 (commencing with Section 42290) of Chapter 7 of Part 24 of Division 3 of Title 2, as those articles read on January 1, 2013. (B) If a home-to-school transportation joint powers agency, established pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code for purposes of providing pupil transportation, received an apportionment directly from the Superintendent pursuant to Item 6110-111-0001 of Section 2.00 of the Budget Act of 2012, as identified in clause (i) of subparagraph (A) of paragraph (2) of subdivision (a) of Section 2575, the joint powers agency may identify the member local educational agencies and transfer entitlement to that funding to any of those member local educational agencies by reporting to the Superintendent, on or before September 30, 2015, the reassignment of a specified amount of the joint powers agency’s 2012–13 fiscal year entitlement to the member local educational agency. Commencing with the 2015–16 fiscal year, the Superintendent shall add the reassigned amounts to the amounts calculated pursuant to this paragraph. (C) Commencing in the 2023–24 fiscal year, the add-on amounts referenced in subparagraphs (A) and (B) shall receive the annual cost-of-living adjustment specified in subparagraph (B) of paragraph (1) of subdivision (c). (3) Commencing with the 2023–24 fiscal year, two hundred thousand dollars ($200,000) for each county office of education operating at least one juvenile court school pursuant to Article 2.5 (commencing with Section 48645) of Chapter 4 of Part 27 of Division 4 of Title 2, including a county office of education that authorized a charter school for that purpose pursuant to Section 47605.5. (4) Commencing with the 2023–24 fiscal year, two hundred thousand dollars ($200,000) for each county office of education operating at least one county community school pursuant to Chapter 6.5 (commencing with Section 1980), including a county office of education that authorized a charter school for that purpose pursuant to Section 47605.5. (f) It is the intent of the Legislature that the funds allocated pursuant to paragraphs (3) and (4) of subdivision (e) be included in the local control and accountability plan template pursuant to Section 52064. (Amended by Stats. 2023, Ch. 48, Sec. 2. (SB 114) Effective July 10, 2023.)
  181. 2575.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 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 12.5. County Local Control Funding Formula [2574 - 2579] ( Chapter 12.5 added by Stats. 2013, Ch. 47, Sec. 2. )

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    The Superintendent must calculate and apportion county funding under the county local control funding formula, and county offices and certain joint powers agencies must follow limits on how specified funds 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 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] ( Part 2 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 12.5. County Local Control Funding Formula [2574 - 2579] ( Chapter 12.5 added by Stats. 2013, Ch. 47, Sec. 2. ) ## 2575. (a) Commencing with the 2013–14 fiscal year and for each fiscal year thereafter, the Superintendent shall calculate a base entitlement for the transition to the county local control funding formula for each county superintendent of schools based on the sum of the amounts computed pursuant to paragraphs (1) to (3), inclusive: (1) Revenue limits in the 2012–13 fiscal year pursuant to Article 3 (commencing with Section 2550) of Chapter 12, as that article read on January 1, 2013, adjusted only for changes in average daily attendance claimed by the county superintendent of schools for pupils identified in clauses (i), (ii), and (iii) of subparagraph (A) of paragraph (4) of subdivision (c) of Section 2574 and for pupils attending juvenile court schools. For purposes of this paragraph, the calculation of an amount per unit of average daily attendance for pupils attending juvenile court schools shall be considered final for purposes of this section as of the annual apportionment for the 2012–13 fiscal year, as calculated for purposes of the certification required on or before February 20, 2014, pursuant to Sections 41332 and 41339. All other average daily attendance claimed by the county superintendent of schools and any other average daily attendance used for purposes of calculating revenue limits pursuant to Article 3 (commencing with Section 2550) of Chapter 12, as that article read on January 1, 2013, shall be considered final for purposes of this section as of the annual apportionment for the 2012–13 fiscal year, as calculated for purposes of the certification required on or before February 20, 2014, pursuant to Sections 41332 and 41339. (2) The sum of all of the following: (A) (i) The amount of funding received from appropriations contained in Section 2.00 of the Budget Act of 2012, as adjusted by Section 12.42, in the following Items: 6110-104-0001, 6110-105-0001, 6110-107-0001, 6110-108-0001, 6110-111-0001, 6110-124-0001, 6110-128-0001, 6110-137-0001, 6110-144-0001, 6110-156-0001, 6110-181-0001, 6110-188-0001, 6110-189-0001, 6110-190-0001, 6110-193-0001, 6110-195-0001, 6110-198-0001, 6110-204-0001, 6110-208-0001, 6110-209-0001, 6110-211-0001, 6110-212-0001, 6110-227-0001, 6110-228-0001, 6110-232-0001, 6110-240-0001, 6110-242-0001, 6110-243-0001, 6110-244-0001, 6110-245-0001, 6110-246-0001, 6110-247-0001, 6110-248-0001, 6110-260-0001, 6110-265-0001, 6110-266-0001, 6110-267-0001, 6110-268-0001, and 6360-101-0001, 2012–13 fiscal year funding for the Class Size Reduction Program pursuant to Chapter 6.10 (commencing with Section 52120) of Part 28 of Division 4 of Title 2, as that chapter read on January 1, 2013, and 2012–13 fiscal year funding for pupils enrolled in community day schools who are mandatorily expelled pursuant to subdivision (d) of Section 48915. For purposes of this subparagraph, the 2012–13 fiscal year appropriations described in this subparagraph shall be considered final as of the annual apportionment for the 2012–13 fiscal year, as calculated for purposes of the certification required on or before February 20, 2014, pursuant to Sections 41332 and 41339. (ii) If a home-to-school transportation joint powers agency, established pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code for purposes of providing pupil transportation, received an apportionment directly from the Superintendent pursuant to Item 6110-111-0001 of Section 2.00 of the Budget Act of 2012, as identified in clause (i), the joint powers agency may identify the member local educational agencies and transfer entitlement to that funding to any of those member local educational agencies by reporting to the Superintendent, on or before September 30, 2015, the reassignment of a specified amount of the joint powers agency’s 2012–13 fiscal year entitlement to the member local educational agency. Commencing with the 2015–16 fiscal year, the Superintendent shall add the reassigned amounts to the amounts calculated pursuant to this paragraph. These funds shall be subject to the requirements specified in paragraph (1) of subdivision (k). (B) The amount of local revenues used to support a regional occupational center or program established and maintained by a county superintendent of schools pursuant to Section 52301. (3) For the 2014–15 fiscal year and for each fiscal year thereafter, the sum of the amounts apportioned to the county superintendent of schools pursuant to subdivision (f) in all prior years. (b) The Superintendent shall annually compute a county local control funding formula transition adjustment for each county superintendent of schools as follows: (1) Subtract the amount computed pursuant to subdivision (a) from the amount computed pursuant to subdivision (e) of Section 2574. A difference of less than zero shall be deemed to be zero. (2) Divide the difference for each county superintendent of schools calculated pursuant to paragraph (1) by the total sum of the differences for all county superintendents of schools calculated pursuant to paragraph (1). (3) Multiply the proportion calculated for each county superintendent of schools pursuant to paragraph (2) by the amount of funding specifically appropriated for purposes of subdivision (f). The amount calculated shall not exceed the difference for the county superintendent of schools calculated pursuant to paragraph (1). (c) The Superintendent shall subtract from the amount calculated pursuant to subdivision (a) the sum of each of the following: (1) Local property tax revenues received pursuant to Section 2573 in the then current fiscal year. (2) The amount received pursuant to subparagraph (C) of paragraph (3) of subdivision (a) of Section 33607.5 of the Health and Safety Code that is considered property taxes pursuant to that section. (3) The amount, if any, received pursuant to Sections 34177, 34179.5, 34179.6, 34183, and 34188 of the Health and Safety Code. (4) The amount, if any, received pursuant to subparagraph (B) of paragraph (3) of subdivision (e) of Section 36 of Article XIII of the California Constitution. (d) The Superintendent shall subtract from the amount computed pursuant to subdivision (e) of Section 2574 the sum of the amounts computed pursuant to paragraphs (1) to (4), inclusive, of subdivision (c). (e) The Superintendent shall annually apportion to each county superintendent of schools the amount calculated pursuant to subdivision (c) unless the amount computed pursuant to subdivision (c) is negative. If the amount computed is negative, except as provided in subdivision (f), an amount of property tax of the county superintendent of schools equal to the negative amount shall be deemed restricted and not available for expenditure during the fiscal year. In the following fiscal year, that amount, excluding any amount of funds used for purposes of subdivision (f), shall be considered restricted local property tax revenue for purposes of subdivision (a) of Section 2578. State aid shall not be apportioned to the county superintendent of schools pursuant to this subdivision if the amount computed pursuant to subdivision (c) is negative. (f) (1) The Superintendent shall apportion, from an appropriation specifically made for this purpose, the amount computed pursuant to subdivision (b), or, if the amount computed pursuant to subdivision (c) is negative, the sum of the amounts computed pursuant to subdivisions (b) and (c) if the sum if greater than zero. (2) The Superintendent shall apportion any portion of the appropriation made for purposes of paragraph (1) that is not apportioned pursuant to paragraph (1) pursuant to the following calculation: (A) Add the amount calculated pursuant to subdivision (b) to the amount computed pursuant to subdivision (a) for a county superintendent of schools. (B) Subtract the amount computed pursuant to subparagraph (A) from the amount computed pursuant to subdivision (e) of Section 2574 for the county superintendent of schools. (C) Divide the difference for the county superintendent of schools computed pursuant to subparagraph (B) by the sum of the differences for all county superintendents of schools computed pursuant to subparagraph (B). (D) Multiply the proportion computed pursuant to subparagraph (C) by the unapportioned balance in the appropriation. That product shall be the county superintendent of schools’ proportion of total need. (E) Apportion to each county superintendent of schools the amount calculated pursuant to subparagraph (D), or if subdivision (c) is negative, apportion the sums of subdivisions (b) and (c) and subparagraph (D) of this subdivision if the sum is greater than zero. (F) The Superintendent shall repeat the computation made pursuant to this paragraph, accounting for any additional amounts apportioned after each computation, until the appropriation made for purposes of paragraph (1) is fully apportioned. (G) The total amount apportioned pursuant to this subdivision to a county superintendent of schools shall not exceed the difference for the county superintendent of schools calculated pursuant to paragraph (1) of subdivision (b). (H) For purposes of this paragraph, the proportion of need that is funded from any appropriation made specifically for purposes of this subdivision in the then current fiscal year shall be considered fixed as of the second principal apportionment for that fiscal year. Adjustments to a county superintendent of schools’ total need computed pursuant to subparagraph (D) after the second principal apportionment for the then current fiscal year shall be funded based on the fixed proportion of need that is funded for that fiscal year pursuant to this subdivision, and shall be continuously appropriated pursuant to Section 14002. (g) (1) For a county superintendent of schools for whom, in the 2013–14 fiscal year, the amount computed pursuant to subdivision (c) is less than the amount computed pursuant to subdivision (d), in the first fiscal year following the fiscal year in which the sum of the apportionments computed pursuant to subdivisions (e) and (f) is equal to, or greater than, the amount computed pursuant to subdivision (d) of this section, the Superintendent shall apportion to the county superintendent of schools the amount computed in subdivision (d) in that fiscal year and each fiscal year thereafter instead of the amounts computed pursuant to subdivisions (e) and (f). (2) For a county superintendent of schools for whom, in the 2013–14 fiscal year, the amount computed pursuant to subdivision (c) is greater than the amount computed pursuant to subdivision (d), in the first fiscal year in which the amount computed pursuant to subdivision (c) would be less than the amount computed pursuant to subdivision (d), the Superintendent shall apportion to the county superintendent of schools the amount computed in subdivision (d) in that fiscal year and each fiscal year thereafter instead of the amounts computed pursuant to subdivisions (e) and (f). (3) In each fiscal year, the Superintendent shall determine the percentage of county superintendents of schools that are apportioned funding that is less than the amount computed pursuant to subdivision (d), as of the second principal apportionment of the fiscal year. If the percentage is less than 10 percent, the Superintendent shall apportion to those county superintendents of schools funding equal to the amount computed in subdivision (d) in that fiscal year and for each fiscal year thereafter instead of the amounts calculated pursuant to subdivisions (e) and (f). (4) If the calculation pursuant to subdivision (d) is negative and the Superintendent apportions to a county superintendent of schools the amount computed pursuant to subdivision (d) pursuant to paragraph (1), (2), or (3) of this subdivision, an amount of property tax of the county superintendent of schools equal to the negative amount shall be deemed restricted and not available for expenditure during that fiscal year. In the following fiscal year the restricted amount shall be considered restricted local property tax revenue for purposes of subdivision (a) of Section 2578. (h) Commencing with the 2013–14 fiscal year, the Superintendent shall apportion to a county superintendent of schools an amount of state aid, including any amount apportioned pursuant to subdivisions (f) and (g), that is no less than the amount calculated in subparagraph (A) of paragraph (2) of subdivision (a). (i) (1) For the 2013–14 and 2014–15 fiscal years only, a county superintendent of schools who, in the 2012–13 fiscal year, from any of the funding sources identified in paragraph (1) or (2) of subdivision (a), received funds on behalf of, or provided funds to, a regional occupational center or program joint powers agency established in accordance with Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code for purposes of providing instruction to pupils enrolled in grades 9 to 12, inclusive, shall not redirect that funding for another purpose unless otherwise authorized by law or pursuant to an agreement between the regional occupational center or program joint powers agency and the contracting county superintendent of schools. (2) For the 2013–14 and 2014–15 fiscal years only, if a regional occupational center or program joint powers agency established in accordance with Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code for purposes of providing instruction to pupils enrolled in grades 9 to 12, inclusive, received, in the 2012–13 fiscal year, an apportionment of funds directly from any of the funding sources identified in subparagraph (A) of paragraph (2) of subdivision (a), the Superintendent shall apportion that same amount to the regional occupational center or program joint powers agency. (j) For the 2013–14 and 2014–15 fiscal years only, a county superintendent of schools who, in the 2012–13 fiscal year, from any of the funding sources identified in paragraph (1) or (2) of subdivision (a), received funds on behalf of, or provided funds to, a home-to-school transportation joint powers agency established in accordance with Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code for purposes of providing pupil transportation shall not redirect that funding for another purpose unless otherwise authorized by law or pursuant to an agreement between the home-to-school transportation joint powers agency and the contracting county superintendent of schools. (k) (1) In addition to subdivision (j), of the funds a county superintendent of schools receives for home-to-school transportation programs, the county superintendent of schools shall expend, pursuant to former Article 2 (commencing with Section 39820) of Chapter 1 of Part 23.5 of Division 3 of Title 2, former Article 10 (commencing with Section 41850) of Chapter 5 of Part 24 of Division 3 of Title 2, and the Small School District Transportation program, as set forth in former Article 4.5 (commencing with Section 42290) of Chapter 7 of Part 24 of Division 3 of Title 2, as those articles read on January 1, 2013, no less for those programs than the amount of funds the county superintendent of schools expended for home-to-school transportation in the 2012–13 fiscal year. (2) For the 2013–14 and 2014–15 fiscal years only, if a home-to-school transportation joint powers agency established in accordance with Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code for purposes of providing pupil transportation received, in the 2012–13 fiscal year, an apportionment of funds directly from the Superintendent from any of the funding sources identified in subparagraph (A) of paragraph (2) of subdivision (a), the Superintendent shall apportion that same amount to the home-to-school transportation joint powers agency. (3) For the 2013–14 and 2014–15 fiscal years only, of the funds a county superintendent of schools receives for purposes of regional occupational centers or programs, or adult education, the county superintendent of schools shall expend no less for each of those programs than the amount of funds the county superintendent of schools expended for purposes of regional occupational centers or programs, or adult education, respectively, in the 2012–13 fiscal year. For purposes of this paragraph, a county superintendent of schools may include expenditures made by a school district within the county for purposes of regional occupational centers or programs so long as the total amount of expenditures made by the school districts and the county superintendent of schools equals or exceeds the total amount required to be expended for purposes of regional occupational centers or programs pursuant to this paragraph and paragraph (7) of subdivision (a) of Section 42238.03. (l) The funds apportioned pursuant to this section and Section 2574 shall be available to implement the activities required pursuant to Article 4.5 (commencing with Section 52059.5) of Chapter 6.1 of Part 28 of Division 4 of Title 2. (Amended by Stats. 2018, Ch. 39, Sec. 2. (AB 1825) Effective June 27, 2018.)
  182. 2575.1.

    ## 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 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] ( Part 2 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 12.5. County Local Control Funding Formula [2574 - 2579] ( Chapter 12.5 added by Stats. 2013, Ch. 47, Sec. 2. )

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    The Superintendent of Public Instruction must add an amount to the Section 2575 apportionment starting in the 2017–18 fiscal year.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] ( Part 2 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 12.5. County Local Control Funding Formula [2574 - 2579] ( Chapter 12.5 added by Stats. 2013, Ch. 47, Sec. 2. ) ## 2575.1. Commencing with the 2017–18 fiscal year, the Superintendent of Public Instruction shall add to the amount to be apportioned pursuant to Section 2575 the amount computed as follows: (a) Each county superintendent of schools funded pursuant to subdivision (d) of Section 2575 as of the 2016–17 second principal apportionment shall be allocated the greater of eighteen thousand six hundred ninety-seven dollars ($18,697) multiplied by the number of school districts for which the county superintendent of schools has jurisdiction pursuant to Section 1253 of the Education Code, or eighty thousand dollars ($80,000). (b) Commencing with the 2018–19 fiscal year, the rates in subdivision (a) shall be adjusted by the cost-of-living increase applied pursuant to subdivision (a) of Section 2574. (Added by Stats. 2017, Ch. 15, Sec. 3. (AB 99) Effective June 27, 2017.)
  183. 2575.2.

    ## 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 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] ( Part 2 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 12.5. County Local Control Funding Formula [2574 - 2579] ( Chapter 12.5 added by Stats. 2013, Ch. 47, Sec. 2. )

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    The Superintendent must add specified amounts to the Section 2575 apportionment, with different formulas for 2018–19 through 2022–23 and starting in 2023–24.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 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 12.5. County Local Control Funding Formula [2574 - 2579] ( Chapter 12.5 added by Stats. 2013, Ch. 47, Sec. 2. ) ## 2575.2. (a) (1) For the 2018–19 fiscal year to the 2022–23 fiscal year, inclusive, the Superintendent shall add to the amount to be apportioned pursuant to Section 2575, the sum of two hundred thousand dollars ($200,000) and the following: (A) For the 2018–19 fiscal year, the fiscal year allowance calculated pursuant to subdivision (b) using the 2018 local control funding formula assistance status report plus the allowance calculated pursuant to subdivision (b) using the 2017 local control funding formula assistance status report, divided by two. (B) For the 2019–20 fiscal year to the 2022–23 fiscal year, inclusive, the allowance calculated pursuant to subdivision (b) for the current year local control funding formula assistance status report plus the allowance calculated pursuant to subdivision (b) for the prior two years’ local control funding formula assistance status reports, divided by three. (2) Commencing with the 2023–24 fiscal year, the Superintendent shall add to the amount to be apportioned pursuant to Section 2575, the sum of three hundred thousand dollars ($300,000) and the allowance calculated pursuant to subdivision (b) for the current year local control funding formula assistance status report plus the allowance calculated pursuant to subdivision (b) for the prior two years’ local control funding formula assistance status reports, divided by three. (b) The allowance for each fiscal year shall be equal to the sum of the following: one hundred thousand dollars ($100,000) multiplied by the number of small school districts; two hundred thousand dollars ($200,000) multiplied by the number of medium school districts; and three hundred thousand dollars ($300,000) multiplied by the number of large school districts for which the county superintendent of schools has jurisdiction pursuant to Sections 1240 and 1253 that are also determined to be in need of differentiated assistance pursuant to subdivision (c) of Section 52071. (c) For purposes of this section, a small school district is any school district with average daily attendance of 2,499 or less, a medium school district is any school district with an average daily attendance of at least 2,500 but not more than 9,999, and a large school district is any school district with an average daily attendance of 10,000 or more. (d) Average daily attendance for purposes of this section shall be the annual period average daily attendance as reported by the school district for the prior fiscal year. (e) For purposes of this section, a school district in need of differentiated assistance is a school district identified pursuant to subdivision (c) of Section 52071. (f) For a county superintendent of schools in a county where the county board of education serves as the governing board of any school district under its jurisdiction, and the school district is identified for differentiated assistance pursuant to subdivision (c) of Section 52071, the amount calculated pursuant to subdivision (b) shall be allocated to the lead agency identified pursuant to Section 52073 of the region in which the county office of education is located. Funds allocated pursuant to this subdivision shall be used by either the lead agency to whom the funds were allocated or another county office of education identified by the county office of education that generated the funds to provide the technical assistance described in subdivision (c) of Section 52071 to the county office of education that generated the funds. (g) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriations described in subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202. (Amended by Stats. 2023, Ch. 48, Sec. 3. (SB 114) Effective July 10, 2023.)
  184. 2575.3.

    ## 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 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] ( Part 2 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 12.5. County Local Control Funding Formula [2574 - 2579] ( Chapter 12.5 added by Stats. 2013, Ch. 47, Sec. 2. )

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    The Superintendent must add calculated funding amounts to Section 2575 apportionments starting in the 2022–23 fiscal year.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] ( Part 2 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 12.5. County Local Control Funding Formula [2574 - 2579] ( Chapter 12.5 added by Stats. 2013, Ch. 47, Sec. 2. ) ## 2575.3. (a) Commencing with the 2022–23 fiscal year, the Superintendent shall add to the amounts to be apportioned pursuant to Section 2575, the amount calculated in accordance with the following: (1) For the 2022–23 fiscal year, the fiscal year allowance calculated pursuant to subdivision (b) using the 2022 local control funding formula assistance status report. (2) For the 2023–24 fiscal year, the fiscal year allowance calculated pursuant to subdivision (b) using the 2023 local control funding formula assistance status report plus the allowance calculated pursuant to subdivision (b) using the 2022 local control funding formula assistance status report, divided by two. (3) For the 2024–25 fiscal year and each fiscal year thereafter, the allowance calculated pursuant to subdivision (b) for the current year local control funding formula assistance status report plus the allowance calculated pursuant to subdivision (b) for the prior two years’ local control funding formula assistance status reports, divided by three. (b) The allowance for each fiscal year shall be equal to the product of the following: one hundred thousand dollars ($100,000) multiplied by the number of charter schools in the county in which the charter school is located, or for charter schools authorized by the county board of education, the lead agency identified pursuant to Section 52073 for that county, that are also determined to be in need of differentiated assistance pursuant to subdivision (a) of Section 47607.3. (c) For purposes of this section, a charter school in need of differentiated assistance is a charter school identified pursuant to subdivision (a) of Section 47607.3. (d) Funds allocated pursuant to this section shall be used to provide the technical assistance described in subdivision (a) of Section 47607.3 to the charter school that generated the funds. (e) Nothing in this section shall preclude a lead agency identified pursuant to Section 52073 that receives funding pursuant to subdivision (b) from contracting with a designee, as identified in subdivision (d) of Section 52071, to provide the technical assistance described in subdivision (a) of Section 47607.3 to the charter school that generated the funds. (f) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriations described in subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202. (Added by Stats. 2022, Ch. 52, Sec. 5. (AB 181) Effective June 30, 2022.)
  185. 2575.4.

    ## 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 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] ( Part 2 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 12.5. County Local Control Funding Formula [2574 - 2579] ( Chapter 12.5 added by Stats. 2013, Ch. 47, Sec. 2. )

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    The Superintendent must adjust the county local control funding formula calculation starting with the 2022–23 fiscal year.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] ( Part 2 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 12.5. County Local Control Funding Formula [2574 - 2579] ( Chapter 12.5 added by Stats. 2013, Ch. 47, Sec. 2. ) ## 2575.4. Commencing with the 2022–23 fiscal year, the Superintendent shall adjust the county local control funding formula calculation as follows: (a) Determine the amount of the county local control funding formula attributed to the annual inflation adjustment for each fiscal year as the sum of the following: (1) That portion of the county office of education operations grant, authorized pursuant to subdivision (a) of Section 2574, which is attributed to the rate change pursuant to paragraph (4) of subdivision (a) of Section 2574. (2) That portion of the alternative education grant, authorized pursuant to subdivision (c) of Section 2574, which is attributed to the rate change pursuant to subparagraph (B) of paragraph (1) of subdivision (c) of Section 2574. (b) Add the amount calculated in subdivision (a) to the base entitlement for the transition to the county local control funding formula determined pursuant to paragraphs (1) and (2) of subdivision (a) of Section 2575. (c) Add the amount calculated in subdivision (a) to the amount of the minimum guarantee determined pursuant to subdivision (h) of Section 2575, unless the amount of local revenue calculated pursuant to subdivision (c) of Section 2575 exceeds the county local control funding formula entitlement calculated pursuant to subdivision (e) of Section 2574 or subdivision (a) of Section 2575, as determined by subdivision (g) of Section 2575, in which case the add-on amount shall be zero. (Amended by Stats. 2022, Ch. 571, Sec. 1. (AB 185) Effective September 27, 2022.)
  186. 2575.5.

    ## 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 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] ( Part 2 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 12.5. County Local Control Funding Formula [2574 - 2579] ( Chapter 12.5 added by Stats. 2013, Ch. 47, Sec. 2. )

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    The Superintendent must allocate a Student Support and Enrichment Block Grant to each county office of education, starting in the 2023–24 fiscal year, at $3,000 per unit of alternative education grant average daily attendance.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 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 12.5. County Local Control Funding Formula [2574 - 2579] ( Chapter 12.5 added by Stats. 2013, Ch. 47, Sec. 2. ) ## 2575.5. (a) It is the intent of the Legislature that the funds allocated pursuant to subdivision (b) be included in the local control and accountability plan template pursuant to Section 52064. (b) Commencing with the 2023–24 fiscal year, and for each fiscal year thereafter, the Superintendent shall allocate a Student Support and Enrichment Block Grant for each county office of education, in the amount of three thousand dollars ($3,000) per unit of alternative education grant average daily attendance, determined pursuant to paragraph (5) of subdivision (c) of Section 2574, to be used for the following student support and enrichment opportunity purposes: (1) Expanding access to A–G courses. (2) Dual enrollment partnerships. (3) Elective and world language courses. (4) Vocational and career technical education. (5) Preparation for and application for admission into institutions of higher education. (6) College and career counseling. (7) Transition counseling. (8) Mental health support services. (9) Certificated or classified employees who provide services to achieve the objectives of this paragraph. (10) High school completion, including access to high school equivalency examinations. (11) For purposes of implementing Sections 858 and 889.2 of the Welfare and Institutions Code. (Added by Stats. 2023, Ch. 48, Sec. 4. (SB 114) Effective July 10, 2023.)
  187. 2576.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 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 12.5. County Local Control Funding Formula [2574 - 2579] ( Chapter 12.5 added by Stats. 2013, Ch. 47, Sec. 2. )

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    This section directs how attendance and related funding are credited when a county superintendent of schools enrolls certain pupils, including homeless youth and pupils attending school in an adjoining state, and allows an alternative transfer amount if the local parties agree.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 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 12.5. County Local Control Funding Formula [2574 - 2579] ( Chapter 12.5 added by Stats. 2013, Ch. 47, Sec. 2. ) ## 2576. (a) If a county superintendent of schools enrolls in a school operated by the county superintendent of schools a pupil not funded pursuant to clause (i), (ii), or (iii) of subparagraph (A) of paragraph (4) of subdivision (c) of Section 2574, or Article 2.5 (commencing with Section 48645) of Chapter 4 of Part 27 of Division 4 of Title 2, any attendance generated by that pupil shall be credited to the school district of residence. Notwithstanding Section 42238.05, funding generated by this average daily attendance shall be allocated based on average daily attendance reported in the current year in accordance with Section 41601. Enrollment of these pupils shall be transferred to the school district of residence for purposes of calculating the percentage of unduplicated pupils pursuant to Section 42238.02. (b) For purposes of this section, the school district of residence for a homeless child or youth, as defined in Section 11434a(2) of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.), enrolled in a school operated by a county superintendent of schools shall be deemed to be the school district that last provided educational services to the homeless child or youth or, if it is not possible to determine that school district, the nonbasic aid school district with the largest average daily attendance in the county that serves the grade level in which the homeless child or youth would be enrolled. (c) If a county superintendent of schools grants permission to a pupil to attend school in an adjoining state pursuant to Section 2000, attendance generated by that pupil shall be credited to the school district of residence. (d) Commencing with the 2019–20 fiscal year, the Superintendent shall transfer to the county, wherein a pupil is enrolled, the amount calculated for the school district of residence pursuant to subdivisions (d) to (f), inclusive, of Section 42238.02 for each unit of average daily attendance credited to the school district of residence pursuant to this section. The Superintendent may transfer an alternative amount for each unit of average daily attendance credited to the school district of residence pursuant to this section, if the school district of residence and the county superintendent of schools agree to the alternative amount and report it to the Superintendent under procedures and timeframes established by the Superintendent. (Amended by Stats. 2023, Ch. 48, Sec. 5. (SB 114) Effective July 10, 2023.)
  188. 2577.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 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 12.5. County Local Control Funding Formula [2574 - 2579] ( Chapter 12.5 added by Stats. 2013, Ch. 47, Sec. 2. )

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    Revenue limit funding for county superintendents of schools must continue to be adjusted under the referenced Article 3 for the 2012–13 fiscal year and earlier years.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] ( Part 2 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 12.5. County Local Control Funding Formula [2574 - 2579] ( Chapter 12.5 added by Stats. 2013, Ch. 47, Sec. 2. ) ## 2577. Notwithstanding any other law, revenue limit funding for county superintendents of schools for the 2012–13 fiscal year and prior fiscal years shall continue to be adjusted pursuant to Article 3 (commencing with Section 2550) of Chapter 12, as that article read on January 1, 2013. (Amended by Stats. 2015, Ch. 303, Sec. 53. (AB 731) Effective January 1, 2016.)
  189. 2578.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 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 12.5. County Local Control Funding Formula [2574 - 2579] ( Chapter 12.5 added by Stats. 2013, Ch. 47, Sec. 2. )

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    The Superintendent must determine restricted funds each fiscal year, county auditor-controllers must distribute those amounts to a county fund, and the county office of education must transfer the funds to the Controller in the amounts set by the Director of Finance.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 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 12.5. County Local Control Funding Formula [2574 - 2579] ( Chapter 12.5 added by Stats. 2013, Ch. 47, Sec. 2. ) ## 2578. (a) Every fiscal year the Superintendent shall determine the amount of funds that will be restricted for each county superintendent of schools pursuant to subdivisions (e) and (g) of Section 2575, as of June 30 of the prior fiscal year. (b) The auditor-controller of each county shall distribute the amounts determined in subdivision (a) to the Supplemental Revenue Augmentation Fund created within the county pursuant to Section 100.06 of the Revenue and Taxation Code. The amount of funds required to be transferred by this subdivision shall be transferred annually in two equal shares with the first share transferred on or before January 15 of each year and the second share transferred after January 15 and on or before May 1 of each year. (c) The funds transferred to the Supplemental Revenue Augmentation Fund pursuant to this section shall be transferred by the county office of education to the Controller in amounts determined by the Director of Finance, and shall be exclusively used to offset state costs of providing trial court services and costs, until the funds are exhausted. (Amended by Stats. 2014, Ch. 33, Sec. 12. (SB 859) Effective June 20, 2014.)
  190. 2579.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 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 12.5. County Local Control Funding Formula [2574 - 2579] ( Chapter 12.5 added by Stats. 2013, Ch. 47, Sec. 2. )

    Verify source ↗

    From July 1, 2013, references to Section 2558 must be read as references to Section 2575, and references to a county office of education or county superintendent of schools’ revenue limit must be read as references to the county local control funding formula unless context requires otherwise.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] ( Part 2 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 12.5. County Local Control Funding Formula [2574 - 2579] ( Chapter 12.5 added by Stats. 2013, Ch. 47, Sec. 2. ) ## 2579. Commencing on July 1, 2013, all of the following shall apply: (a) All references to Section 2558 shall instead refer to Section 2575. (b) Unless the context otherwise requires, all references to the revenue limit of a county office of education or county superintendent of schools shall instead refer to the county local control funding formula. (Added by Stats. 2013, Ch. 47, Sec. 2. (AB 97) Effective July 1, 2013.)
  191. 25900.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13.5. HEALTH CARE BENEFITS PROGRAM [25900 - 25955] ( Part 13.5 added by Stats. 1999, Ch. 740, Sec. 3. ) ## CHAPTER 1. General Provisions [25900- 25900.] ( Chapter 1 added by Stats. 1999, Ch. 740, Sec. 3. )

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    The system must pay development costs for health care benefit programs from allocated Teachers’ Retirement Fund money, and it may not implement such a program unless a statute enacted by the Legislature specifically 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 13.5. HEALTH CARE BENEFITS PROGRAM [25900 - 25955] ( Part 13.5 added by Stats. 1999, Ch. 740, Sec. 3. ) ## CHAPTER 1. General Provisions [25900- 25900.] ( Chapter 1 added by Stats. 1999, Ch. 740, Sec. 3. ) ## 25900. (a) All costs incurred by the system to develop health care benefit programs pursuant to this part shall be paid by allocations from the Teachers’ Retirement Fund as appropriated for that purpose. (b) Any health care benefits program developed by the system pursuant to this part shall not be implemented by the system unless specifically authorized by a statute enacted by the Legislature. (Added by renumbering Section 25000 by Stats. 2000, Ch. 1032, Sec. 2. Effective January 1, 2001.)
  192. 25901.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13.5. HEALTH CARE BENEFITS PROGRAM [25900 - 25955] ( Part 13.5 added by Stats. 1999, Ch. 740, Sec. 3. ) ## CHAPTER 2. Definitions [25901 - 25926] ( Chapter 2 added by Stats. 1999, Ch. 740, Sec. 3. )

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

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13.5. HEALTH CARE BENEFITS PROGRAM [25900 - 25955] ( Part 13.5 added by Stats. 1999, Ch. 740, Sec. 3. ) ## CHAPTER 2. Definitions [25901 - 25926] ( Chapter 2 added by Stats. 1999, Ch. 740, Sec. 3. ) ## 25901. Unless the context otherwise requires, the definitions set forth in this chapter govern the construction of this part. (Added by renumbering Section 25100 by Stats. 2000, Ch. 74, Sec. 64. Effective January 1, 2001.)
  193. 25910.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13.5. HEALTH CARE BENEFITS PROGRAM [25900 - 25955] ( Part 13.5 added by Stats. 1999, Ch. 740, Sec. 3. ) ## CHAPTER 2. Definitions [25901 - 25926] ( Chapter 2 added by Stats. 1999, Ch. 740, Sec. 3. )

    Verify source ↗

    This section defines “beneficiary” or “beneficiaries” as a person or entity entitled to receive certain allowances and payments because of a member’s disability or 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 13.5. HEALTH CARE BENEFITS PROGRAM [25900 - 25955] ( Part 13.5 added by Stats. 1999, Ch. 740, Sec. 3. ) ## CHAPTER 2. Definitions [25901 - 25926] ( Chapter 2 added by Stats. 1999, Ch. 740, Sec. 3. ) ## 25910. “Beneficiary” or “beneficiaries” means any person or entity receiving or entitled to receive an allowance and payment pursuant to Part 13 (commencing with Section 22000) or 14 (commencing with Section 26000) because of the disability or death of a member. (Added by renumbering Section 25110 by Stats. 2000, Ch. 74, Sec. 65. Effective January 1, 2001.)
  194. 25915.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13.5. HEALTH CARE BENEFITS PROGRAM [25900 - 25955] ( Part 13.5 added by Stats. 1999, Ch. 740, Sec. 3. ) ## CHAPTER 2. Definitions [25901 - 25926] ( Chapter 2 added by Stats. 1999, Ch. 740, Sec. 3. )

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    This section defines who counts as a dependent child and what counts as financial dependence for benefits 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 13.5. HEALTH CARE BENEFITS PROGRAM [25900 - 25955] ( Part 13.5 added by Stats. 1999, Ch. 740, Sec. 3. ) ## CHAPTER 2. Definitions [25901 - 25926] ( Chapter 2 added by Stats. 1999, Ch. 740, Sec. 3. ) ## 25915. (a) “Dependent child” or “dependent children” means a member’s unmarried offspring or stepchild who is not older than 22 years of age and who is financially dependent upon the member on the date the member becomes eligible for benefits pursuant to this part. (b) “Offspring” shall include the member’s child who is born within the 10-month period commencing on the date the member becomes eligible for benefits pursuant to this part. (c) “Offspring” shall include a child adopted by the member. (d) “Dependent child” shall not include the member’s offspring or stepchild who is adopted by a person other than the member’s spouse. (e) “Financially dependent,” for purposes of this section, means that at least one-half of the child’s support was being provided by the member on the date the member became eligible for benefits pursuant to this part. The system may require that income tax records or other data be submitted to substantiate the child’s financial dependence. In the absence of substantiating documentation, the system may determine that the child was not dependent on the date the member became eligible for benefits pursuant to this part. (Added by renumbering Section 25115 by Stats. 2000, Ch. 74, Sec. 66. Effective January 1, 2001.)
  195. 25920.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13.5. HEALTH CARE BENEFITS PROGRAM [25900 - 25955] ( Part 13.5 added by Stats. 1999, Ch. 740, Sec. 3. ) ## CHAPTER 2. Definitions [25901 - 25926] ( Chapter 2 added by Stats. 1999, Ch. 740, Sec. 3. )

    Verify source ↗

    This section defines “dependent parent” or “dependent parents” for the health care benefits 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 13.5. HEALTH CARE BENEFITS PROGRAM [25900 - 25955] ( Part 13.5 added by Stats. 1999, Ch. 740, Sec. 3. ) ## CHAPTER 2. Definitions [25901 - 25926] ( Chapter 2 added by Stats. 1999, Ch. 740, Sec. 3. ) ## 25920. “Dependent parent” or “dependent parents” means a natural parent or parents of a member, or a parent or parents who adopted the member prior to the earlier of the occurrence of the member’s marriage or his or her attaining 18 years of age, and who was receiving one-half or more of his or her support from the member at the time the member became eligible for benefits pursuant to this part. (Added by renumbering Section 25120 by Stats. 2000, Ch. 74, Sec. 67. Effective January 1, 2001.)
  196. 25921.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13.5. HEALTH CARE BENEFITS PROGRAM [25900 - 25955] ( Part 13.5 added by Stats. 1999, Ch. 740, Sec. 3. ) ## CHAPTER 2. Definitions [25901 - 25926] ( Chapter 2 added by Stats. 1999, Ch. 740, Sec. 3. )

    Verify source ↗

    This section defines “employer” for the health care benefits 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 13.5. HEALTH CARE BENEFITS PROGRAM [25900 - 25955] ( Part 13.5 added by Stats. 1999, Ch. 740, Sec. 3. ) ## CHAPTER 2. Definitions [25901 - 25926] ( Chapter 2 added by Stats. 1999, Ch. 740, Sec. 3. ) ## 25921. “Employer” means the state or any agency or political subdivision thereof for which creditable service subject to coverage by the plan, as defined in Section 22155.5, is performed. (Added by Stats. 2001, Ch. 803, Sec. 34. Effective January 1, 2002.)
  197. 25923.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13.5. HEALTH CARE BENEFITS PROGRAM [25900 - 25955] ( Part 13.5 added by Stats. 1999, Ch. 740, Sec. 3. ) ## CHAPTER 2. Definitions [25901 - 25926] ( Chapter 2 added by Stats. 1999, Ch. 740, Sec. 3. )

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    This section defines “Fund” as the Teachers’ Health Benefits 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 13.5. HEALTH CARE BENEFITS PROGRAM [25900 - 25955] ( Part 13.5 added by Stats. 1999, Ch. 740, Sec. 3. ) ## CHAPTER 2. Definitions [25901 - 25926] ( Chapter 2 added by Stats. 1999, Ch. 740, Sec. 3. ) ## 25923. “Fund” means the Teachers’ Health Benefits Fund. (Added by Stats. 2000, Ch. 1032, Sec. 3. Effective January 1, 2001.)
  198. 25925.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13.5. HEALTH CARE BENEFITS PROGRAM [25900 - 25955] ( Part 13.5 added by Stats. 1999, Ch. 740, Sec. 3. ) ## CHAPTER 2. Definitions [25901 - 25926] ( Chapter 2 added by Stats. 1999, Ch. 740, Sec. 3. )

    Verify source ↗

    This section defines “member” as a current or retired employee of an employer defined in Section 25921.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13.5. HEALTH CARE BENEFITS PROGRAM [25900 - 25955] ( Part 13.5 added by Stats. 1999, Ch. 740, Sec. 3. ) ## CHAPTER 2. Definitions [25901 - 25926] ( Chapter 2 added by Stats. 1999, Ch. 740, Sec. 3. ) ## 25925. “Member” means a current or retired employee of an employer, as defined in Section 25921. (Amended by Stats. 2001, Ch. 803, Sec. 35. Effective January 1, 2002.)
  199. 25926.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13.5. HEALTH CARE BENEFITS PROGRAM [25900 - 25955] ( Part 13.5 added by Stats. 1999, Ch. 740, Sec. 3. ) ## CHAPTER 2. Definitions [25901 - 25926] ( Chapter 2 added by Stats. 1999, Ch. 740, Sec. 3. )

    Verify source ↗

    “School year” means the period from July 1 to June 30 of the following year.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13.5. HEALTH CARE BENEFITS PROGRAM [25900 - 25955] ( Part 13.5 added by Stats. 1999, Ch. 740, Sec. 3. ) ## CHAPTER 2. Definitions [25901 - 25926] ( Chapter 2 added by Stats. 1999, Ch. 740, Sec. 3. ) ## 25926. “School year” means the period of time beginning on July 1 of one calendar year and ending on June 30 of the following calendar year. (Amended by Stats. 2018, Ch. 416, Sec. 25. (SB 1165) Effective January 1, 2019.)
  200. 25930.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13.5. HEALTH CARE BENEFITS PROGRAM [25900 - 25955] ( Part 13.5 added by Stats. 1999, Ch. 740, Sec. 3. ) ## CHAPTER 3. Establishment and Control of Fund [25930 - 25933] ( Chapter 3 added by Stats. 2000, Ch. 1032, Sec. 4. )

    Verify source ↗

    Creates the Teachers’ Health Benefits Fund in the State Treasury and requires certain money to be deposited into 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 13.5. HEALTH CARE BENEFITS PROGRAM [25900 - 25955] ( Part 13.5 added by Stats. 1999, Ch. 740, Sec. 3. ) ## CHAPTER 3. Establishment and Control of Fund [25930 - 25933] ( Chapter 3 added by Stats. 2000, Ch. 1032, Sec. 4. ) ## 25930. There is in the State Treasury a special trust fund to be known as the Teachers’ Health Benefits Fund. There shall be deposited in the fund the employer contributions required under subdivision (c) of Section 22950, income on investments, other interest income, income from fees and penalties, premiums paid by members, donations, legacies, bequests made to the fund and accepted by the board, and any other amounts provided by this part. Notwithstanding Section 13340 of the Government Code, the proceeds of the fund are hereby continuously appropriated without regard to fiscal year for purposes of this part. The design and administration of the fund and any program financed from the fund shall comply with Section 115 of Title 26 of the United States Code. (Amended by Stats. 2001, Ch. 803, Sec. 37. Effective January 1, 2002.)

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