Education Code — Part 17 | EDC — United States — California law | Esheria

Education Code

Part 17 of 57 · provisions 3,201–3,400

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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. 25931.

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

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    The board controls the fund, must authorize any transfer or disbursement from it, and may invest fund assets when it considers the investment prudent, subject to constitutional and legal 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 13.5. 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. ) ## 25931. The board shall have exclusive control of the administration of the fund. No transfers or disbursements of any amount from the fund shall be made except upon the authorization of the board for the purpose of carrying into effect the provisions of this part. Except as otherwise limited by the California Constitution and by law, the board may, in its discretion, invest the assets of the fund through the purchase, holding, or sale of any investment, financial instrument, or financial transaction, when the investment, financial instrument, or financial transaction is prudent in the informed opinion of the board. (Added by Stats. 2000, Ch. 1032, Sec. 4. Effective January 1, 2001.)
  2. 25932.

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

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    The State Treasurer must collect investment returns for the fund, deposit them and any other fund moneys immediately to the fund’s credit, and report them immediately to the system. Money received directly by the system for the fund must also be deposited immediately in the State Treasury to the fund’s credit.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 13.5. 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. ) ## 25932. Return on investments shall be collected by the State Treasurer and, together with any other moneys received for the fund, shall be immediately deposited to the credit of the fund and reported immediately to the system. Money in whatever form received directly by the system for the fund shall be deposited immediately in the State Treasury to the credit of the fund. (Added by Stats. 2000, Ch. 1032, Sec. 4. Effective January 1, 2001.)
  3. 25933.

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

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    The board must keep data for actuarial work and hire an actuary to perform specified plan valuation and reporting tasks.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 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. ) ## 25933. (a) For purposes of this section, “plan” means any health benefits program that is financed from the proceeds of the fund. (b) The board shall maintain all data necessary to perform an actuarial investigation of the demographic and economic experience of the plan and for the actuarial valuation of the assets and liabilities of the plan. (c) The board shall retain the services of an actuary to do all of the following: (1) Make recommendations to the board for the adoption of actuarial assumptions that, in the aggregate, are reasonably related to the past experience of the plan and reflect the actuary’s informed estimate of future experience. (2) Make an actuarial investigation of the demographic and economic experience, including the mortality, service, and other experience, of the plan with respect to members or any other persons eligible to receive benefits from the plan. (3) At least biennially, using actuarial assumptions adopted by the board, perform an actuarial valuation of the plan that identifies the assets and liabilities of the plan, and report the findings to the board. The report of the actuary on the results of the actuarial valuation shall identify and include the components of normal cost and adequate information to determine the effects of changes in actuarial assumptions. Copies of the report on the actuarial valuation shall be transmitted to the Governor and to the Legislature. (4) Recommend to the board all rates and factors necessary to administer the plan, including, but not limited to, mortality tables and interest rates. (5) Recommend to the board a strategy for amortizing any unfunded actuarial obligation. (Amended by Stats. 2001, Ch. 159, Sec. 61. Effective January 1, 2002.)
  4. 25940.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 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 4. Medicare Premium Payment Program [25940 - 25955] ( Heading of Chapter 4 amended by Stats. 2001, Ch. 803, Sec. 38. )

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    The system must pay Medicare Part A premiums for certain retired or disabled members, and the board may extend eligibility and require a retirement-allowance deduction authorization 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 13.5. HEALTH CARE BENEFITS PROGRAM [25900 - 25955] ( Part 13.5 added by Stats. 1999, Ch. 740, Sec. 3. ) ## CHAPTER 4. Medicare Premium Payment Program [25940 - 25955] ( Heading of Chapter 4 amended by Stats. 2001, Ch. 803, Sec. 38. ) ## 25940. (a) Effective July 1, 2001, the system shall pay to the federal Centers for Medicare and Medicaid Services or a successor agency the premiums associated with Medicare Part A for retired or disabled members described in this section. (b) This section shall apply only to a retired member of the Defined Benefit Program who meets all of the following requirements: (1) The member retired prior to January 1, 2001, or began receiving a disability allowance prior to January 1, 2001, and has been continually disabled since January 1, 2001. (2) The member is not eligible for Medicare Part A without payment of a premium. (3) The member is at least 65 years of age. (4) The member enrolled in Medicare Parts A and B. (c) The board may extend eligibility for the payments described in this section to members of the Defined Benefit Program who meet the requirements of subdivision (d) and who retire or begin receiving a disability allowance on or after January 1, 2001, within a school year specified by the board, if the board finds that the cost of the payments for members who retire or begin receiving a disability allowance during the specified school year may be paid within the anticipated resources available in the fund, as determined by the actuarial valuation of the program established by this chapter. Any extension of eligibility to members who retire or begin receiving a disability allowance on or after January 1, 2001, shall be provided equally to any member who meets the requirements of subdivision (d) and retires or begins receiving a disability allowance during the school year specified by the board. (d) (1) Eligibility for the payments described in this section pursuant to subdivision (c) shall be limited to members of the Defined Benefit Program who do either of the following: (A) Retires from an employer that does either of the following: (i) Completed a division pursuant to Section 22156 of the Government Code prior to January 1, 2001. (ii) Completed or is conducting a division pursuant to Section 22156 of the Government Code on or after January 1, 2001, and, if the member was less than 58 years of age at the time of the division, the member elected to be covered by Medicare. (B) Began receiving a disability allowance and continuously receives a disability allowance until 65 years of age or older and the member’s last employer does any of the following: (i) Completed a division pursuant to Section 22156 of the Government Code prior to January 1, 2001. (ii) Completed or is conducting a division pursuant to Section 22156 of the Government Code on or after January 1, 2001, and, if the member was still actively employed and less than 58 years of age at the time of the division, the member elected to be covered by Medicare. (iii) Completed or is conducting a division pursuant to Section 22156 of the Government Code on or after January 1, 2001, and, if the member is no longer actively employed, the division was completed prior to the time the member reached normal retirement age. (2) For purposes of paragraph (1), a division occurs during the 10-day period during which the member has the opportunity to elect to be covered by Medicare pursuant to Section 22156 of the Government Code. (3) This subdivision does not apply to a member who retires from a district, or is receiving a disability allowance and the member was last employed in a district, that either as of January 1, 2001, had no members who were less than 58 years of age and who were hired prior to April 1, 1986, or was created pursuant to a formation or a reorganization on or after April 1, 1986, and prior to January 1, 2001. (e) The amount paid to the federal Centers for Medicare and Medicaid Services or a successor agency pursuant to this section shall include any surcharges applicable to enrollment in Medicare Part A or Part B by members who retired prior to January 1, 2001, and who enrolled in Medicare Parts A and B after the age of 65 years and prior to July 1, 2001. If the system pays the Part A premium and Part B surcharges on behalf of a member and that member later becomes eligible for Part A coverage without payment of a premium, the system shall continue to pay any applicable Part B surcharges on behalf of that member. The board may require a member on whose behalf a surcharge would be paid pursuant to this subdivision to authorize the system to deduct the Part B premium from the member’s retirement allowance as a condition of having the system pay the Part A premium pursuant to this section. (f) For the purposes of this section, if a retirement date is used to determine eligibility pursuant to subdivisions (b) and (c), the system shall use the member’s most recent retirement date for eligibility purposes. (Amended by Stats. 2013, Ch. 558, Sec. 54. (AB 1379) Effective January 1, 2014.)
  5. 25950.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 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 4. Medicare Premium Payment Program [25940 - 25955] ( Heading of Chapter 4 amended by Stats. 2001, Ch. 803, Sec. 38. )

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    The board must report to the Legislature by April 1, 2001 on a prescription drug program and retiree health 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 4. Medicare Premium Payment Program [25940 - 25955] ( Heading of Chapter 4 amended by Stats. 2001, Ch. 803, Sec. 38. ) ## 25950. On or before April 1, 2001, the board shall report to the Legislature on a prescription drug program and a program to provide health benefits to retired members. The report shall include an analysis of all potential methods of financing and administering the programs. These shall include, but are not limited to, (1) the system providing those health benefits under contracts with carriers or other entities that administer health benefits plans, (2) reimbursing employers for the costs of providing those health benefits to retired employees, and (3) crediting employers and employing agencies, against the amount contributed pursuant to Section 22950, a monthly amount, adjusted annually, for each retiree the employer or employing agency certifies is enrolled in one or more health care benefits programs administered or sponsored by the employer or employing agency. The report shall include an estimate of the fiscal impact of each program on the system, including administration and program costs, and recommended statutory language to implement each program. (Added by Stats. 2000, Ch. 874, Sec. 1. Effective January 1, 2001.)
  6. 25955.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 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 4. Medicare Premium Payment Program [25940 - 25955] ( Heading of Chapter 4 amended by Stats. 2001, Ch. 803, Sec. 38. )

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    An overpaid amount under this part may be recovered by reducing the monthly allowance payable under 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 13.5. HEALTH CARE BENEFITS PROGRAM [25900 - 25955] ( Part 13.5 added by Stats. 1999, Ch. 740, Sec. 3. ) ## CHAPTER 4. Medicare Premium Payment Program [25940 - 25955] ( Heading of Chapter 4 amended by Stats. 2001, Ch. 803, Sec. 38. ) ## 25955. To recover an amount overpaid under this part, the monthly allowance payable under the Defined Benefit Program may be reduced by the amount of the overpayment. If the overpayment is not due to fraud or intentional misrepresentation of facts by the recipient of the allowance or benefit, the monthly allowance may be reduced by no more than 5 percent if the overpayment was due to error by the system, the county superintendent of schools, a school district, or a community college district, and by no more than 15 percent if the error was due to inaccurate or omitted information from the recipient of the allowance or benefit. (Added by Stats. 2002, Ch. 375, Sec. 36. Effective January 1, 2003.)
  7. 260.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 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 9. Enforcement [260 - 262.4] ( Heading of Article 9 renumbered from Article 6 by Stats. 1998, Ch. 914, Sec. 33. )

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    A school district’s governing board must ensure district programs and activities are free from discrimination based on age and the characteristics listed in Section 220, and must monitor compliance with rules under Government Code Section 11138.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 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 9. Enforcement [260 - 262.4] ( Heading of Article 9 renumbered from Article 6 by Stats. 1998, Ch. 914, Sec. 33. ) ## 260. The governing board of a school district shall have the primary responsibility for ensuring that school district programs and activities are free from discrimination based on age and the characteristics listed in Section 220 and for monitoring compliance with any and all rules and regulations promulgated pursuant to Section 11138 of the Government Code. (Amended by Stats. 2007, Ch. 569, Sec. 14. Effective January 1, 2008.)
  8. 2600.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 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 13. School District Boundaries [2600 - 2603] ( Chapter 13 enacted by Stats. 1976, Ch. 1010. )

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    The county superintendent must check and record school district and community college district boundaries, and the board of supervisors may correct or relocate boundaries in certain 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 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] ( Part 2 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 13. School District Boundaries [2600 - 2603] ( Chapter 13 enacted by Stats. 1976, Ch. 1010. ) ## 2600. Every county superintendent shall inquire and ascertain whether the boundaries of the school districts and community college districts in his county are definitely and plainly described in the records of the board of supervisors and keep in his office a full and correct transcript of the boundaries. If the boundaries of districts are conflicting or incorrectly described, or if, by reason of the resubdivision of land or other change of property lines, the location of the boundaries becomes indefinite or conflicts with lines of assessment, the board of supervisors may correct and relocate the boundaries to follow definite, established property lines, conforming as nearly as practicable to the general location of the former boundaries. Where boundary lines are corrected or relocated, the relocation of the new lines shall be made in such a manner that the majority of the area of the parcel or property affected determines the district in which the parcel or property is located. Nothing herein contained authorizes the board of supervisors, in relocating the boundaries, to substantially alter the former boundaries of school districts, or community college districts. (Enacted by Stats. 1976, Ch. 1010.)
  9. 26000.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 1. General Provisions [26000 - 26004] ( Chapter 1 added by Stats. 1995, Ch. 592, Sec. 16. )

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    This section states that the Teachers’ Retirement Board administers the plan, and local school-related governing boards may choose by formal action to offer Cash Balance Benefit Program benefits to their 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 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 1. General Provisions [26000 - 26004] ( Chapter 1 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26000. The Legislature hereby finds and declares that the State Teachers’ Retirement System Cash Balance Plan was created and established on July 1, 1996, to provide a retirement plan for persons employed by an employer offering the Cash Balance Plan, excluding a community college district, to perform creditable service for less than 50 percent of the full-time equivalent for the position, or employed by a community college district offering the Cash Balance Plan to perform creditable service on a temporary basis pursuant to Section 87474, 87478, 87480, 87481, 87482, or 87482.5, or employed by an employer offering the Cash Balance Plan to perform creditable service as a substitute employee. The persons eligible for the Cash Balance Plan were excluded from mandatory membership in the State Teachers’ Retirement System Defined Benefit Plan. Both plans are administered by the Teachers’ Retirement Board. Because both plans were intended to provide for the retirement of teachers and other persons employed in connection with the public schools of this state and schools supported by this state, a merger of these two plans is now hereby made for the purpose of establishing a single retirement plan that shall be known and may be cited as the State Teachers’ Retirement Plan consisting of the different benefit programs set forth in this part and Part 13 (commencing with Section 22000). The plan shall be administered by the Teachers’ Retirement Board as set forth in this part and Part 13 (commencing with Section 22000). As a result of this merger, a Cash Balance Benefit Program will be provided under the State Teachers’ Retirement Plan and that program is set forth in this part. The governing board of a school district, community college district, or county office of education may, by formal action, elect to provide the benefits of the Cash Balance Benefit Program under this part for their employees. (Amended by Stats. 2015, Ch. 123, Sec. 27. (AB 991) Effective January 1, 2016.)
  10. 26000.5.

    ## 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 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 1. General Provisions [26000 - 26004] ( Chapter 1 added by Stats. 1995, Ch. 592, Sec. 16. )

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    An eligible employer must enter into an agreement with the State Teachers’ Retirement System to provide these 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 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 1. General Provisions [26000 - 26004] ( Chapter 1 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26000.5. An employer whose governing board has elected to provide the benefits of this part for its employees pursuant to Section 26000 shall enter into an agreement with the State Teachers’ Retirement System. The agreement shall specify the terms and conditions of the employer’s formal action to provide the Cash Balance Benefit Program and shall remain in effect unless or until the employer exercises the right to discontinue the program pursuant to Chapter 17 (commencing with Section 28100). (Amended by Stats. 2006, Ch. 655, Sec. 62. Effective January 1, 2007.)
  11. 26000.6.

    ## 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 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 1. General Provisions [26000 - 26004] ( Chapter 1 added by Stats. 1995, Ch. 592, Sec. 16. )

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    This section says certain pre-merger elections, participation, and beneficiary status under the Cash Balance Plan are treated as corresponding elections, participation, and beneficiary status under the Cash Balance Benefit Program.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 1. General Provisions [26000 - 26004] ( Chapter 1 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26000.6. (a) An election by any employer to provide the benefits of the Cash Balance Plan for their employees prior to the merger described in Section 26000 shall be deemed to constitute an election to provide the Cash Balance Benefit Program under the State Teachers’ Retirement Plan. (b) Participation in the Cash Balance Plan by any participant prior to the merger described in Section 26000 shall be deemed to constitute participation in the Cash Balance Benefit Program under the State Teachers’ Retirement Plan. (c) Any beneficiary under the Cash Balance Plan prior to the merger described in Section 26000 shall be deemed to be a beneficiary under the Cash Balance Benefit Program under the State Teachers’ Retirement Plan. (Added by Stats. 1998, Ch. 1048, Sec. 13. Effective January 1, 1999.)
  12. 26001.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 1. General Provisions [26000 - 26004] ( Chapter 1 added by Stats. 1995, Ch. 592, Sec. 16. )

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    The plan must comply with applicable federal and state tax code provisions, and the Teachers’ Retirement Board may amend the plan for specified compliance and benefit-administration 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 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 1. General Provisions [26000 - 26004] ( Chapter 1 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26001. The design and administration of the plan, including the Cash Balance Benefit Program, shall comply with the applicable provisions of the Internal Revenue Code and the Revenue and Taxation Code. The Teachers’ Retirement Board may amend the plan to comply with the applicable federal laws and regulations to the extent permitted by law, to establish or revise the minimum interest rate, to declare additional earnings credit, to declare additional annuity credit, and to adopt and amend actuarial assumptions for all purposes under the plan. (Amended by Stats. 1998, Ch. 965, Sec. 229. Effective January 1, 1999.)
  13. 26002.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 1. General Provisions [26000 - 26004] ( Chapter 1 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    The Teachers’ Retirement Board must administer the Cash Balance Benefit Program.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 1. General Provisions [26000 - 26004] ( Chapter 1 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26002. The Cash Balance Benefit Program shall be administered by the Teachers’ Retirement Board with all of the powers, responsibilities and duties for administration of the plan set forth in Chapter 3 (commencing with Section 22200) through Chapter 7 (commencing with Section 22375) of Part 13. In administering the plan, the board and its officers and employees of the system shall exercise their fiduciary duties set forth in Chapter 4 (commencing with Section 22250) of Part 13. (Amended by Stats. 1998, Ch. 965, Sec. 230. Effective January 1, 1999.)
  14. 26002.5.

    ## 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 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 1. General Provisions [26000 - 26004] ( Chapter 1 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    A registered domestic partner of a member must be treated the same as a spouse, unless one of the listed exclusions 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 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 1. General Provisions [26000 - 26004] ( Chapter 1 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26002.5. Except as excluded in subdivision (d) of Section 26807.5 or subdivision (c) of Section 26906.5, a person who is the registered domestic partner of a member, as established pursuant to Section 297 or 299.2 of the Family Code, shall be treated in the same manner as a “spouse,” as defined in Section 26140. (Amended by Stats. 2015, Ch. 123, Sec. 28. (AB 991) Effective January 1, 2016.)
  15. 26003.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 1. General Provisions [26000 - 26004] ( Chapter 1 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

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

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 1. General Provisions [26000 - 26004] ( Chapter 1 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26003. If any provision of this part or the application thereof to any person or circumstance is held invalid, that invalidity shall not affect other provisions or applications of this part that can be given effect without the invalid provision or application, and to this end the provisions of this part are severable. (Added by Stats. 1995, Ch. 592, Sec. 16. Effective January 1, 1996.)
  16. 26004.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 1. General Provisions [26000 - 26004] ( Chapter 1 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    This section limits benefits and compensation calculations to federal tax-code rules, sets required distribution timing, allows eligible rollover distributions to be directly rolled over, and requires actuarial assumptions adopted by the board to control certain benefit calculations.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 1. General Provisions [26000 - 26004] ( Chapter 1 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26004. Notwithstanding any other provision of law: (a) The benefits payable to any participant or beneficiary under this part shall be subject to the limitations imposed by Section 415 of Title 26 of the United States Code. (b) The amount of compensation that is taken into account in computing benefits under this part for a plan year shall not exceed the annual compensation limit applicable to that plan year in accordance with Section 401(a)(17) of Title 26 of the United States Code as that section read on the effective date of this section and as that section may be amended after that date. The determination of compensation for a 12-month period shall be subject to the annual compensation limit in effect for the calendar year in which the 12-month period begins. In a determination of average compensation over more than one 12-month period, the amount of compensation taken into account for each 12-month period shall be subject to the respective annual compensation limit applicable to that period. (c) Distributions from the plan under this part shall be made in accordance with Section 401(a)(9) of Title 26 of the United States Code, including the incidental death benefit requirements of Section 401(a)(9)(G) and the regulations thereunder. The required beginning date of benefit payments that represent the entire interest of the participant shall be as follows: (1) In the case of a lump-sum distribution of a retirement benefit, disability benefit, or termination benefit, the lump-sum payment shall be made not later than April 1 of the calendar year following the later of (A) the calendar year in which the participant attains the age at which the Internal Revenue Code of 1986 requires a distribution of benefits or (B) the calendar year in which the participant terminates all employment subject to coverage by the plan. (2) In the case of a retirement benefit or disability benefit that is to be paid in the form of an annuity, payment of the annuity shall begin not later than April 1 of the calendar year following the later of (A) the calendar year in which the participant attains the age at which the Internal Revenue Code of 1986 requires a distribution of benefits or (B) the calendar year in which the participant terminates employment in all positions subject to coverage by the plan, with the annuity to continue over the life of the participant or the life of the participant and the participant’s option beneficiary, or over a period not to exceed the life expectancy of the participant or the life expectancy of the participant and the participant’s option beneficiary. (3) In the case of a death benefit, distributions shall commence as follows: (A) The normal form of the benefit or other lump-sum distribution shall be paid in accordance with Section 401(a)(9) of Title 26 of the United States Code and the regulations thereunder. (B) Annuity payments shall commence as follows: (i) If the spouse is the sole beneficiary, not later than December 31 of the later of the calendar year in which the participant 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 participant’s death. (ii) If the spouse is not the sole beneficiary, not later than December 31 of the calendar year following the calendar year of the participant’s death. (d) If a person becomes entitled to a distribution from the plan 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 plan of the amount so designated, once distributable under the terms of the plan, shall be made in the form of a direct rollover to the eligible retirement plan so specified. (e) The amount of any benefit from the plan under this part that is determined on the basis of actuarial assumptions shall be based on actuarial assumptions adopted by the board pursuant to Section 26213 as a plan amendment with respect to the Cash Balance Benefit Program and those assumptions shall preclude employer discretion and comply with Section 401(a)(25) of Title 26 of the United States Code. (Amended by Stats. 2024, Ch. 117, Sec. 6. (AB 2770) Effective January 1, 2025.)
  17. 2601.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 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 13. School District Boundaries [2600 - 2603] ( Chapter 13 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section says certain school district boundary descriptions near the ocean shore are measured three miles seaward from the shore.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 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 13. School District Boundaries [2600 - 2603] ( Chapter 13 enacted by Stats. 1976, Ch. 1010. ) ## 2601. Whenever the boundary line of any school district or community college district is described as being “to” or “from” the ocean shore, such description means to or from a point three miles seaward from the shore. Whenever the boundary line of any school district or community college district is described as being “along,” “with,” “by,” or “on” the ocean shore, such description means on a line parallel with and three miles seaward from the shore. Nothing contained in this section shall retroactively alter, enlarge, diminish or otherwise affect the powers, jurisdiction, rights, duties, responsibilities, obligations or liabilities of any such school district or community college district. (Enacted by Stats. 1976, Ch. 1010.)
  18. 2602.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 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 13. School District Boundaries [2600 - 2603] ( Chapter 13 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    If a school district or community college district is cut by a county boundary so parts lie in different counties, it becomes a joint school district by operation of law unless otherwise provided.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] ( Part 2 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 13. School District Boundaries [2600 - 2603] ( Chapter 13 enacted by Stats. 1976, Ch. 1010. ) ## 2602. Whenever any school district or community college district has been or is hereafter intersected by any county boundary line in the formation of any new county, or in changing the boundary of any county, and portions of the district then lie in different counties, the district shall, by operation of law, constitute and become established as a joint school district, at the time of the intersection, unless otherwise provided. (Enacted by Stats. 1976, Ch. 1010.)
  19. 2603.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 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 13. School District Boundaries [2600 - 2603] ( Chapter 13 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The county superintendent may, if necessary, have district boundary descriptions printed as pamphlets and pay for them from the county school service 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 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] ( Part 2 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 13. School District Boundaries [2600 - 2603] ( Chapter 13 enacted by Stats. 1976, Ch. 1010. ) ## 2603. The county superintendent may, if he deems it necessary, order a description of the boundaries of any district under his jurisdiction printed in pamphlet form and pay for the pamphlets out of the county school service fund. (Enacted by Stats. 1976, Ch. 1010.)
  20. 26100.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 2. Definitions [26100 - 26145] ( Chapter 2 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    The chapter’s definitions control how this part is interpreted unless another specification says 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 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 2. Definitions [26100 - 26145] ( Chapter 2 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26100. Unless otherwise specified, the definitions set forth in this chapter govern the construction of this part. (Added by Stats. 1995, Ch. 592, Sec. 16. Effective January 1, 1996.)
  21. 26101.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 2. Definitions [26100 - 26145] ( Chapter 2 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    “Actuarial equivalent” means a benefit with the same present value as the benefit it replaces, using actuary-recommended interest rates and mortality tables adopted by the board as a plan amendment.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 2. Definitions [26100 - 26145] ( Chapter 2 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26101. “Actuarial equivalent” means a benefit that has the same present value as the benefit it replaces based on interest rates and mortality tables recommended by the actuary and adopted by the board as a plan amendment. (Added by Stats. 1995, Ch. 592, Sec. 16. Effective January 1, 1996.)
  22. 26102.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 2. Definitions [26100 - 26145] ( Chapter 2 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    This section defines “Actuary” as a person with professional training in insurance, pensions, and related technical and mathematical fields, appointed by the board for actuarial services under this part.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 2. Definitions [26100 - 26145] ( Chapter 2 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26102. “Actuary” means a person professionally trained in the technical and mathematical aspects of insurance, pensions, and related fields who has been appointed by the board for the purpose of actuarial services required under this part. (Amended by Stats. 1998, Ch. 965, Sec. 231. Effective January 1, 1999.)
  23. 26103.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 2. Definitions [26100 - 26145] ( Chapter 2 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    This section defines “additional earnings credit” as a board-determined percentage for a plan year, set by plan amendment and credited to employee and employer accounts on a specified date.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 2. Definitions [26100 - 26145] ( Chapter 2 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26103. “Additional earnings credit” means a percentage determined by the board for a plan year by means of a plan amendment and credited to employee accounts and employer accounts on a specified date. (Added by Stats. 1995, Ch. 592, Sec. 16. Effective January 1, 1996.)
  24. 26104.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 2. Definitions [26100 - 26145] ( Chapter 2 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    “Administrative costs” means the costs of administering the Cash Balance Benefit Program for the plan year, as determined by the board.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 2. Definitions [26100 - 26145] ( Chapter 2 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26104. “Administrative costs” means the costs of administering the Cash Balance Benefit Program for the plan year as determined by the board. (Amended by Stats. 2000, Ch. 1025, Sec. 38. Effective January 1, 2001.)
  25. 26105.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 2. Definitions [26100 - 26145] ( Chapter 2 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    “Annuitant Reserve” means a reserve account the board establishes within the State Teachers’ Retirement Fund to pay monthly annuities for the Cash Balance Benefit Program.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 2. Definitions [26100 - 26145] ( Chapter 2 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26105. “Annuitant Reserve” means the reserve account established by the board within the State Teachers’ Retirement Fund for the payment of monthly annuities with respect to the Cash Balance Benefit Program. (Amended by Stats. 1998, Ch. 1048, Sec. 15. Effective January 1, 1999.)
  26. 26106.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 2. Definitions [26100 - 26145] ( Chapter 2 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    “Annuity” is defined as money paid in monthly installments for a period set by the participant’s or beneficiary’s chosen option.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 2. Definitions [26100 - 26145] ( Chapter 2 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26106. “Annuity” means an amount of money payable in monthly installments for a period determined by the option elected by the participant or beneficiary. (Added by Stats. 1995, Ch. 592, Sec. 16. Effective January 1, 1996.)
  27. 26106.5.

    ## 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 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 2. Definitions [26100 - 26145] ( Chapter 2 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    This section defines “annuity beneficiary” and “trust” for this part of the Education Code.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 2. Definitions [26100 - 26145] ( Chapter 2 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26106.5. (a) For purposes of this part, “annuity beneficiary” means the person or trust designated by a participant pursuant to Section 26807, 26807.5, 26906, or 26906.5 to receive an annuity upon the participant’s death. (b) For purposes of this section, “trust” means an irrevocable trust with the following characteristics: (1) The trust satisfies the requirements of subparagraph (A) or (C) of paragraph (4) of subdivision (d) of Section 1396p of Title 42 of the United States Code. (2) The trust satisfies the requirements of Section 1.401(a)(9)-4 of Title 26 of the Code of Federal Regulations. (3) The trust, or the account in a pooled trust, is for the sole benefit of a single beneficiary and other beneficiaries to the trust, if any, are successor beneficiaries. (4) The beneficiary of the trust who is beneficiary with respect to the trust’s interest in the participant’s benefit shall be considered the designated beneficiary for the purpose of determining eligibility for, and the amount and duration of, benefits under the program. (Added by Stats. 2016, Ch. 559, Sec. 13. (AB 1875) Effective January 1, 2017.)
  28. 26107.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 2. Definitions [26100 - 26145] ( Chapter 2 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    “Basis of employment” means the standard of time an employer expects an employee in the position to work during the school term.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 2. Definitions [26100 - 26145] ( Chapter 2 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26107. “Basis of employment” means the standard of time over which the employer expects service to be performed by an employee in the position during the school term. (Amended by Stats. 2018, Ch. 416, Sec. 26. (SB 1165) Effective January 1, 2019.)
  29. 26108.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 2. Definitions [26100 - 26145] ( Chapter 2 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    “Beneficiary” means a person or entity designated by the participant, or otherwise entitled by law, to receive the plan’s death benefit.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 2. Definitions [26100 - 26145] ( Chapter 2 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26108. “Beneficiary” means any person or persons or entity designated by the participant pursuant to this part or otherwise entitled by law to receive the death benefit under the plan. (Added by Stats. 1995, Ch. 592, Sec. 16. Effective January 1, 1996.)
  30. 26109.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 2. Definitions [26100 - 26145] ( Chapter 2 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    This section defines “Board” as the Teachers’ Retirement Board.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 2. Definitions [26100 - 26145] ( Chapter 2 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26109. “Board” means the Teachers’ Retirement Board. (Added by Stats. 1995, Ch. 592, Sec. 16. Effective January 1, 1996.)
  31. 26112.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 2. Definitions [26100 - 26145] ( Chapter 2 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    “Cash Balance Benefit Program” is defined as the benefit program set out in this part of the State Teachers’ Retirement Law.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 2. Definitions [26100 - 26145] ( Chapter 2 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26112. “Cash Balance Benefit Program” means the benefit program set forth in this part of the State Teachers’ Retirement Law. (Amended by Stats. 1998, Ch. 1048, Sec. 17. Effective January 1, 1999.)
  32. 26112.5.

    ## 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 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 2. Definitions [26100 - 26145] ( Chapter 2 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

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

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 2. Definitions [26100 - 26145] ( Chapter 2 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26112.5. (a) “Class of employees” means a number of employees considered as a group because they are employed to perform similar duties, are employed in the same type of program, or share other similarities related to the nature of the work being performed. (b) A class of employees may be comprised of one person if no other person employed by the employer performs similar duties, is employed in the same type of program, or shares other similarities related to the nature of the work being performed and that same class is in common use among other employers. (c) The board shall have the right to override the determination by an employer as to whether or not a group or an individual constitutes a “class of employees” within the meaning of this section. (d) This section shall be deemed to have become operative on July 1, 1996. (Added by Stats. 1996, Ch. 1165, Sec. 37. Effective January 1, 1997.)
  33. 26113.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 2. Definitions [26100 - 26145] ( Chapter 2 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    This section defines “creditable service” for the State Teachers’ Retirement System and gives the board final authority to decide service not already specified.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 2. Definitions [26100 - 26145] ( Chapter 2 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26113. (a) “Creditable service” means any of the activities described in subdivision (b) performed for any of the following employers: (1) A prekindergarten through grade 12 employer in a position with certification qualifications authorized by the Commission on Teacher Credentialing pursuant to Section 44001. (2) A community college employer by a faculty member, as defined in Section 87003, in an academic position, as defined in subdivision (b) of Section 87001, or by an educational administrator, as defined in subdivision (b) of Section 87002, subject to the appropriate minimum standards adopted by the Board of Governors of the California Community Colleges pursuant to Section 87356, or pursuant to a contract between a community college district and the United States Department of Defense to provide vocational training. (3) A charter school employer under the provisions of an approved charter for the operation of a charter school for which the charter school is eligible to receive state apportionment. (b) The types of activities are any of the following: (1) The work of teachers, instructors, district interns, and academic employees employed in the instructional program for pupils, including special programs such as adult education, regional occupational programs, childcare centers, and prekindergarten programs pursuant to Section 22161. (2) Education or vocational counseling, guidance, and placement services. (3) The work of employees who plan courses of study to be used in California public schools, or research connected with the evaluation or efficiency of the instructional program. (4) The selection, collection, preparation, classification, demonstration, or evaluation of instructional materials of any course of study for use in the development of the instructional program in California public schools, or other services related to California public school curriculum. (5) The examination, selection, in-service training, mentoring, or assignment of teachers, principals, or other similar personnel involved in the instructional program. (6) The work of nurses, physicians, speech therapists, psychologists, audiologists, and other California public school health professionals. (7) Services as a California public school librarian. (8) Activities connected with the enforcement of the laws relating to compulsory education, coordination of child welfare activities involving the school and the home, and the school adjustment of pupils. (9) The work of employees who are responsible for the supervision of persons or administration of the duties described in this subdivision. (c) “Creditable service” also means any of the activities described in subdivision (b) when they are performed for an employer by: (1) Superintendents of California public schools, and presidents and chancellors of community college employers. (2) Consulting teachers employed by an employer to participate in the California Peer Assistance and Review Program for Teachers pursuant to Article 4.5 (commencing with Section 44500) of Chapter 3 of Part 25 of Division 3 of Title 2. (3) Audiometrists who hold a certificate of registration issued by the State Department of Health Care Services. (d) “Creditable service” also means the performance of California public school activities related to, and an outgrowth of, the instructional and guidance program of the California public school when performed for the same employer for which the member is performing any of the activities described in subdivision (b) or (c). (e) “Creditable service” also means trustee service as defined in Section 26144.5, if eligible pursuant to Section 26403. (f) The board shall have final authority for determining creditable service to cover activities not already specified. (Amended by Stats. 2022, Ch. 231, Sec. 2. (AB 1824) Effective January 1, 2023.)
  34. 26114.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 2. Definitions [26100 - 26145] ( Chapter 2 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    This section defines “death benefit” as the benefit payable under this part when a participant dies.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 2. Definitions [26100 - 26145] ( Chapter 2 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26114. “Death benefit” means the benefit payable under this part upon the death of the participant. (Amended by Stats. 1998, Ch. 1048, Sec. 18. Effective January 1, 1999.)
  35. 26115.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 2. Definitions [26100 - 26145] ( Chapter 2 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    This section defines “Defined Benefit Program” for this chapter.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 2. Definitions [26100 - 26145] ( Chapter 2 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26115. “Defined Benefit Program” means the Defined Benefit Program of the State Teachers’ Retirement Plan as set forth in Part 13 (commencing with Section 22000). (Amended by Stats. 1998, Ch. 1048, Sec. 19. Effective January 1, 1999.)
  36. 26116.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 2. Definitions [26100 - 26145] ( Chapter 2 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    This section defines “disability benefit” as a payment for permanent and total disability.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 2. Definitions [26100 - 26145] ( Chapter 2 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26116. “Disability benefit” means an amount payable under this part for permanent and total disability that is equal to the sum of the participant’s employee account and employer account as of the disability date and is payable pursuant to Section 26905, 26906, or 26906.5. (Amended by Stats. 2006, Ch. 655, Sec. 65. Effective January 1, 2007.)
  37. 26117.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 2. Definitions [26100 - 26145] ( Chapter 2 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    “Disability date” means the date a disability benefit becomes payable, if the participant applied for a disability benefit and has been determined to have a total and permanent disability.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 2. Definitions [26100 - 26145] ( Chapter 2 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26117. “Disability date” means the date the benefit becomes payable to a participant who has applied for a disability benefit from the plan under this part and has been determined to have a total and permanent disability. (Amended by Stats. 1998, Ch. 965, Sec. 233. Effective January 1, 1999.)
  38. 26118.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 2. Definitions [26100 - 26145] ( Chapter 2 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    This section defines “employee” as a person engaged to perform creditable 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 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 2. Definitions [26100 - 26145] ( Chapter 2 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26118. “Employee” means a person engaged to perform creditable service. (Added by Stats. 1995, Ch. 592, Sec. 16. Effective January 1, 1996.)
  39. 26119.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 2. Definitions [26100 - 26145] ( Chapter 2 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    “Employee account” means the participant’s nominal account for credited employee contributions, interest, and any additional earnings credits under the Cash Balance Benefit Program.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 2. Definitions [26100 - 26145] ( Chapter 2 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26119. “Employee account” means the nominal account of the participant to which employee contributions and interest and any additional earnings credits in respect thereof are credited under the Cash Balance Benefit Program. (Amended by Stats. 1998, Ch. 965, Sec. 234. Effective January 1, 1999.)
  40. 26120.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 2. Definitions [26100 - 26145] ( Chapter 2 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    This section defines “employee contribution rate” as the percentage of a participant’s salary the employer withholds as an employee contribution under the Cash Balance Benefit Program.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 2. Definitions [26100 - 26145] ( Chapter 2 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26120. “Employee contribution rate” means the percentage of the participant’s salary withheld by the employer as an employee contribution under the Cash Balance Benefit Program. (Amended by Stats. 1998, Ch. 965, Sec. 235. Effective January 1, 1999.)
  41. 26121.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 2. Definitions [26100 - 26145] ( Chapter 2 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    “Employee contribution” means the amount withheld from a participant’s salary by the employer under the Cash Balance Benefit Program.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 2. Definitions [26100 - 26145] ( Chapter 2 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26121. “Employee contribution” means the amount withheld from the participant’s salary by the employer as a contribution by the employee under the Cash Balance Benefit Program. (Amended by Stats. 1998, Ch. 965, Sec. 236. Effective January 1, 1999.)
  42. 26122.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 2. Definitions [26100 - 26145] ( Chapter 2 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    This section defines “employer” for this part and gives the board final authority to decide who qualifies.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 2. Definitions [26100 - 26145] ( Chapter 2 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26122. (a) “Employer” means a school district, community college district, or county office of education that has elected to provide the benefits of this part to persons employed to perform creditable service. “Employer” shall not include the state. (b) The board shall have final authority for determining an “employer” for purposes of this part. (Amended by Stats. 2025, Ch. 239, Sec. 9. (SB 853) Effective January 1, 2026.)
  43. 26123.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 2. Definitions [26100 - 26145] ( Chapter 2 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    “Employer account” is defined as the participant’s nominal account used to credit employer contributions, interest, and additional earnings credits under the Cash Balance Benefit Program.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 2. Definitions [26100 - 26145] ( Chapter 2 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26123. “Employer account” means the nominal account of the participant in which employer contributions on behalf of the participant and interest and any additional earnings credits in respect thereof are credited under the Cash Balance Benefit Program. (Amended by Stats. 1998, Ch. 965, Sec. 237. Effective January 1, 1999.)
  44. 26124.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 2. Definitions [26100 - 26145] ( Chapter 2 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    This section defines “employer contribution rate” as the percentage of salary used to calculate the employer’s contribution to the Cash Balance Benefit Program for each participating employee.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 2. Definitions [26100 - 26145] ( Chapter 2 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26124. “Employer contribution rate” means the percentage of salary that determines the amount the employer contributes to the Cash Balance Benefit Program with respect to each employee who is a participant. (Amended by Stats. 1998, Ch. 965, Sec. 238. Effective January 1, 1999.)
  45. 26125.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 2. Definitions [26100 - 26145] ( Chapter 2 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    This section defines “employer contribution” as the amount the employer contributes to the Cash Balance Benefit Program for a participant.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 2. Definitions [26100 - 26145] ( Chapter 2 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26125. “Employer contribution” means the amount contributed by the employer to the Cash Balance Benefit Program with respect to the participant. (Amended by Stats. 1998, Ch. 965, Sec. 239. Effective January 1, 1999.)
  46. 26126.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 2. Definitions [26100 - 26145] ( Chapter 2 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    “Employed” or “employment” means being employed to perform creditable service covered by the Cash Balance Benefit Program.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 2. Definitions [26100 - 26145] ( Chapter 2 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26126. “Employed” or “employment” means employed to perform creditable service subject to coverage under the Cash Balance Benefit Program. (Amended by Stats. 1998, Ch. 965, Sec. 240. Effective January 1, 1999.)
  47. 26127.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 2. Definitions [26100 - 26145] ( Chapter 2 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    This section defines “full time equivalent” for the State Teachers’ Retirement System cash 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 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 2. Definitions [26100 - 26145] ( Chapter 2 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26127. “Full time equivalent” means the days or hours of creditable service that a person who is employed on a part-time basis would be required to perform in a school term if he or she were employed full time, as defined by Section 22138.5, in that position. (Amended by Stats. 2018, Ch. 416, Sec. 27. (SB 1165) Effective January 1, 2019.)
  48. 26128.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 2. Definitions [26100 - 26145] ( Chapter 2 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

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

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 2. Definitions [26100 - 26145] ( Chapter 2 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26128. “Fund” means the Teachers’ Retirement Fund. (Amended by Stats. 1998, Ch. 1048, Sec. 21. Effective January 1, 1999.)
  49. 26129.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 2. Definitions [26100 - 26145] ( Chapter 2 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    “Gain and Loss Reserve” means a board-established reserve account used to help credit minimum interest and, when needed, support monthly annuity 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 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 2. Definitions [26100 - 26145] ( Chapter 2 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26129. “Gain and Loss Reserve” means the reserve account established by the board within the fund with respect to the Cash Balance Benefit Program to be drawn upon to the extent necessary to credit interest to employee accounts and employer accounts at the minimum interest rate during years in which the plan’s investment earnings with respect to the Cash Balance Benefit Program are not sufficient for that purpose, and where necessary, to provide additions to the Annuitant Reserve for monthly annuity payments. (Amended by Stats. 1998, Ch. 1048, Sec. 22. Effective January 1, 1999.)
  50. 26130.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 2. Definitions [26100 - 26145] ( Chapter 2 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    “Investment earnings” means income the plan receives or is entitled to receive during the plan year from investing employee contributions, employer contributions, and prior investment earnings.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 2. Definitions [26100 - 26145] ( Chapter 2 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26130. “Investment earnings” means income received or receivable during the plan year by the plan from investment of employee contributions, employer contributions, and prior investment earnings. (Added by Stats. 1995, Ch. 592, Sec. 16. Effective January 1, 1996.)
  51. 26131.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 2. Definitions [26100 - 26145] ( Chapter 2 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    This section defines “minimum interest rate” as the annual rate set by the board for the plan year through a plan amendment for the Cash Balance Benefit Program.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 2. Definitions [26100 - 26145] ( Chapter 2 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26131. “Minimum interest rate” means the annual rate determined for the plan year by the board by means of an amendment to the plan with respect to the Cash Balance Benefit Program in accordance with applicable federal laws and regulations. (Amended by Stats. 1998, Ch. 965, Sec. 242. Effective January 1, 1999.)
  52. 26132.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 2. Definitions [26100 - 26145] ( Chapter 2 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    This section defines “participant” for the Cash Balance Benefit Program.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 2. Definitions [26100 - 26145] ( Chapter 2 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26132. “Participant” means a person who has performed creditable service subject to coverage by the Cash Balance Benefit Program and who has contributions credited under the Cash Balance Benefit Program or is receiving an annuity under the Cash Balance Benefit Program by reason of creditable service or has not yet met the conditions of subdivision (b) of Section 26806. (Amended by Stats. 2015, Ch. 123, Sec. 29. (AB 991) Effective January 1, 2016.)
  53. 26132.5.

    ## 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 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 2. Definitions [26100 - 26145] ( Chapter 2 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    This section defines who counts as a “Participant subject to the California Public Employees’ Pension Reform Act of 2013” and excludes some people with prior membership in specified retirement systems.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 2. Definitions [26100 - 26145] ( Chapter 2 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26132.5. (a) “Participant subject to the California Public Employees’ Pension Reform Act of 2013” means, notwithstanding subdivision (f) of Section 7522.04 of the Government Code, a person who first becomes employed to perform creditable service subject to coverage under the Cash Balance Benefit Program on or after January 1, 2013. (b) A participant as defined in subdivision (a) does not include a person who was a member on or before December 31, 2012, of the California Public Employees’ Retirement System, the Legislators’ Retirement System, the University of California Retirement System, county retirement systems established under Chapter 3 (commencing with Section 31450) of Part 3 of Division 4 of Title 3 of the Government Code, or the San Francisco Employees’ Retirement System, and the person performed service in the other retirement system within the six months prior to the commencement of creditable service under the Cash Balance Benefit Program. (c) This section shall be deemed to have become operative on January 1, 2013. (Added by Stats. 2013, Ch. 559, Sec. 33. (AB 1381) Effective January 1, 2014. Deemed operative January 1, 2013, by Sec. 1 of Ch. 559.)
  54. 26133.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 2. Definitions [26100 - 26145] ( Chapter 2 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    A pay period is a payroll period set by the employer, and it cannot exceed 31 calendar days.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 2. Definitions [26100 - 26145] ( Chapter 2 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26133. “Pay period” means a payroll period specified by the employer but not more than 31 calendar days. (Amended by Stats. 1998, Ch. 965, Sec. 244. Effective January 1, 1999.)
  55. 26134.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 2. Definitions [26100 - 26145] ( Chapter 2 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    “Plan” means the State Teachers’ Retirement Plan.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 2. Definitions [26100 - 26145] ( Chapter 2 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26134. “Plan” means the State Teachers’ Retirement Plan. (Amended by Stats. 1998, Ch. 1048, Sec. 23. Effective January 1, 1999.)
  56. 26135.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 2. Definitions [26100 - 26145] ( Chapter 2 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    “Plan year” means the calendar, policy, or fiscal year used to keep plan records. The board determines the plan year by plan amendment.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 2. Definitions [26100 - 26145] ( Chapter 2 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26135. “Plan year” means the calendar, policy, or fiscal year on which the records of the plan are kept, with respect to the Cash Balance Benefit Program. The board by means of plan amendment shall determine the plan year. (Amended by Stats. 1999, Ch. 939, Sec. 77. Effective January 1, 2000.)
  57. 26135.5.

    ## 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 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 2. Definitions [26100 - 26145] ( Chapter 2 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    This section defines “public employer” by referring to another Government Code definition.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 2. Definitions [26100 - 26145] ( Chapter 2 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26135.5. “Public employer” means a public employer as defined by subdivision (i) of Section 7522.04 of the Government Code. (Added by Stats. 2013, Ch. 559, Sec. 34. (AB 1381) Effective January 1, 2014. Deemed operative January 1, 2013, by Sec. 1 of Ch. 559.)
  58. 26135.7.

    ## 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 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 2. Definitions [26100 - 26145] ( Chapter 2 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    This section defines “retired participant activities” and excludes certain third-party employee activities when specific conditions are met.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 2. Definitions [26100 - 26145] ( Chapter 2 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26135.7. (a) “Retired participant activities” means one or more activities identified in subdivision (b), (c), or (d) of Section 22119.5 or (b), (c), or (d) of Section 26113 within the California public school system and performed by a participant retired for service under this part as one of the following: (1) An employee of an employer. (2) An employee of a third party, except as specified in subdivision (b). (3) An independent contractor. (b) The activities of an employee of a third party shall not be included in the definition of “retired participant activities” if all of the following conditions apply: (1) The employee performs an assignment of 24 months or less. (2) The third-party employer does not participate in a California public pension system. (3) The activities performed by the individual are not normally performed by employees of an employer, as defined in Section 22131. (Amended by Stats. 2015, Ch. 782, Sec. 11. (AB 963) Effective January 1, 2016.)
  59. 26136.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 2. Definitions [26100 - 26145] ( Chapter 2 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    “Retirement” means ending employment and completing all conditions needed to receive a retirement benefit under the Cash Balance Benefit Program.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 2. Definitions [26100 - 26145] ( Chapter 2 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26136. “Retirement” means termination of employment and completion of all conditions precedent to receiving a retirement benefit under the Cash Balance Benefit Program. (Amended by Stats. 1998, Ch. 965, Sec. 245. Effective January 1, 1999.)
  60. 26137.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 2. Definitions [26100 - 26145] ( Chapter 2 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    “Retirement benefit” is defined as a payable amount tied to a participant’s retirement for service, equal to the participant’s employee and employer account totals as of the retirement date.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 2. Definitions [26100 - 26145] ( Chapter 2 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26137. “Retirement benefit” means an amount payable under this part in the event of the participant’s retirement for service that is equal to the sum of the participant’s employee account and employer account as of the retirement date and that is payable pursuant to Section 26806, 26807, or 26807.5. (Amended by Stats. 2006, Ch. 655, Sec. 66. Effective January 1, 2007.)
  61. 26138.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 2. Definitions [26100 - 26145] ( Chapter 2 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    “Retirement date” means the date when the benefit under this part becomes payable to a participant who has applied for a retirement benefit.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 2. Definitions [26100 - 26145] ( Chapter 2 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26138. “Retirement date” means the date the benefit under this part becomes payable to a participant who has applied for a retirement benefit from the plan under this part. (Amended by Stats. 1998, Ch. 965, Sec. 246. Effective January 1, 1999.)
  62. 26139.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 2. Definitions [26100 - 26145] ( Chapter 2 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    “Salary” is defined as cash remuneration paid by an employer to a participant for creditable service, with listed inclusions and exclusions.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 2. Definitions [26100 - 26145] ( Chapter 2 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26139. (a) “Salary” means remuneration paid in cash by an employer to a participant for creditable service performed in that position subject to coverage under the Cash Balance Benefit Program. Salary shall include: (1) Money paid in accordance with a publicly available written contractual agreement, including, but not limited to, a salary schedule, based on years of training and years of experience as specified in Section 45028 for creditable service performed. (2) For participants not paid according to a salary schedule, money paid for creditable service performed in accordance with a publicly available written contractual agreement, including, but not limited to, a collective bargaining agreement or an employment agreement. (3) Money paid for the participant’s absence from performance of creditable service as approved by an employer, except as provided in paragraph (5) of subdivision (b). (4) Employee contributions picked up by an employer pursuant to Section 26502. (5) Amounts deducted by an employer from the participant’s salary, including, but not limited to, deductions for participation in a deferred compensation plan; deductions for the purchase of an annuity contract, tax-deferred retirement plan, or other insurance program; and deductions for participation in a plan that meets the requirements of Section 125, 401(a), 401(k), 403(b), 457(b), or 457(f) of Title 26 of the United States Code. (6) Money paid by an employer in addition to salary paid under paragraph (1) or (2) if paid to all employees in a class in the same dollar amount, the same percentage of salary, or the same percentage of the amount being distributed. (7) Any other payments the board determines by plan amendment to be “salary.” (b) “Salary” does not mean and shall not include: (1) Money paid for service that is not creditable service. (2) Money paid by an employer in addition to salary paid under paragraph (1) or (2) if not paid to all employees in a class in the same dollar amount, the same percentage of salary, or the same percentage of the amount being distributed. (3) Fringe benefits provided by an employer. (4) Expenses paid or reimbursed by an employer. (5) Money paid in exchange for the relinquishment of unused accumulated leave. (6) Severance pay, including lump-sum and installment payments, or money paid in excess of salary or wages to a participant as compensatory damages or as a compromise settlement. (7) Payments, including, but not limited to, those for participation in a deferred compensation plan; to purchase an annuity contract, tax-deferred retirement program, or other insurance program; and for participation in a plan that meets the requirements of Section 125, 401(a), 401(k), 403(b), 457(b), or 457(f) of Title 26 of the United States Code that are purchased by an employer for a participant. (8) Any payments determined by the system to have been made by an employer to enhance a participant’s benefits. (9) Any other payments the board determines by plan amendment not to be “salary.” (c) Any employer or person who knowingly or willfully reports salary in a manner inconsistent with the provisions of subdivisions (a) or (b) may be subject to prosecution for fraud, theft, or embezzlement in accordance with provisions of the Penal Code. The system may establish procedures to ensure that salary reported by an employer is in compliance with this section. (d) For purposes of this section, remuneration shall be considered paid if distributed to any person in the same class of employees who meets the qualifications or requirements specified in a publicly available written contractual agreement, including, but not limited to, a collective bargaining agreement or an employment agreement, as a condition of receiving the remuneration. (e) This section shall be deemed to have become operative on July 1, 1996. (f) This section shall not apply to a participant subject to the California Public Employees’ Pension Reform Act of 2013. (Amended by Stats. 2013, Ch. 559, Sec. 36. (AB 1381) Effective January 1, 2014.)
  63. 26139.5.

    ## 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 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 2. Definitions [26100 - 26145] ( Chapter 2 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    Defines “salary” for certain participants, sets what is included and excluded, caps salary for a fiscal year, requires the system to adjust the cap annually, and allows prosecution if salary is reported knowingly or willfully in a false way.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 2. Definitions [26100 - 26145] ( Chapter 2 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26139.5. (a) “Salary,” for participants subject to the California Public Employees’ Pension Reform Act of 2013, means remuneration paid each pay period in cash by an employer to a participant for creditable service performed in that position subject to coverage under the Cash Balance Benefit Program in accordance with a publicly available written contractual agreement, including, but not limited to, a salary schedule or employment agreement, based on years of training and years of experience as specified in Section 45028. Salary shall include: (1) Money paid for the participant’s absence from performance of creditable service as approved by an employer, except as provided in paragraph (5) of subdivision (b). (2) Employee contributions picked up by an employer pursuant to Section 26502. (3) Amounts deducted by an employer from the participant’s salary, including, but not limited to, deductions for participation in a deferred compensation plan; deductions for the purchase of an annuity contract, tax-deferred retirement plan, or other insurance program; and deductions for participation in a plan that meets the requirements of Section 125, 401(a), 401(k), 403(b), 457(b), or 457(f) of Title 26 of the United States Code. (4) Any other payments the board determines by plan amendment to be “salary.” (b) “Salary” does not mean and shall not include: (1) Money paid for service that is not creditable service. (2) Money not paid each pay period in which creditable service is performed for that position. (3) Fringe benefits provided by an employer. (4) Expenses paid or reimbursed by an employer. (5) Money paid in exchange for the relinquishment of unused accumulated leave. (6) Severance pay, including lump-sum and installment payments, or money paid in excess of salary to a participant as compensatory damages or as a compromise settlement. (7) Payments, including, but not limited to, those for participation in a deferred compensation plan; to purchase an annuity contract, tax-deferred retirement program, or other insurance program; and for participation in a plan that meets the requirements of Section 125, 401(a), 401(k), 403(b), 457(b), or 457(f) of Title 26 of the United States Code that are purchased by an employer for a participant. (8) Any payments determined by the system to have been made by an employer to enhance a participant’s benefits under the plan. (9) Money paid to the participant in lieu of benefits provided to the participant by the employer or paid directly by the employer to a third party other than the system for the benefit of the participant. (10) Any one-time or ad hoc payments made to a participant. (11) Any employer-provided allowance, reimbursement, or payment, including, but not limited to, one made for housing, vehicle, or uniform. (12) Any bonus paid in addition to compensation described in subdivision (a). (13) Any other payments the board determines by plan amendment not to be “salary.” (c) (1) Salary in any fiscal year shall not exceed: (A) One hundred twenty percent of the “contribution and benefit base,” as determined under Section 430(b) of the Social Security Act (42 U.S.C. Sec. 430(b)), on January 1, 2013, for a participant whose service is not included in the federal system. (B) One hundred percent of the “contribution and benefit base,” as determined under Section 430(b) of the Social Security Act (42 U.S.C. Sec. 430(b)), on January 1, 2013, for a participant whose service is included in the federal system pursuant to any changes in state or federal law enacted on or after January 1, 2013. (2) The system shall adjust the limit based on the annual changes to the Consumer Price Index for All Urban Consumers: U.S. City Average, calculated by dividing the Consumer Price Index for All Urban Consumers: U.S. City Average for the month of February in the fiscal year preceding the adjustment by the Consumer Price Index for All Urban Consumers: U.S. City Average for the month of February of the previous year rounded to the nearest thousandth. Notwithstanding paragraph (1) of subdivision (d) of Section 7522.10 of the Government Code, the adjustment shall be effective annually on July 1, beginning July 1, 2014. (3) The Legislature reserves the right to modify the requirements of this subdivision with regard to all participants subject to this subdivision, except that the Legislature may not modify these provisions in a manner that would result in a decrease in benefits accrued prior to the effective date of the modification. (d) Any employer or person who knowingly or willfully reports salary in a manner inconsistent with the provisions of subdivisions (a) or (b) may be subject to prosecution for fraud, theft, or embezzlement in accordance with provisions of the Penal Code. The system may establish procedures to ensure that salary reported by an employer is in compliance with this section. (e) For purposes of this section, remuneration shall be considered paid if distributed to any person in the same class of employees who meets the qualifications or requirements specified in a publicly available written contractual agreement, including, but not limited to, a collective bargaining agreement or an employment agreement, as a condition of receiving the remuneration. (Amended by Stats. 2015, Ch. 123, Sec. 30. (AB 991) Effective January 1, 2016.)
  64. 26140.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 2. Definitions [26100 - 26145] ( Chapter 2 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    This section defines “spouse” and says a registered domestic partner is treated the same as a spouse, unless excluded by specified sections.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 2. Definitions [26100 - 26145] ( Chapter 2 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26140. (a) “Spouse” means the person married to the participant on the date the participant files a beneficiary designation, or an application for a benefit, or on the date of the participant’s death. (b) Except as excluded in Sections 26004 and 27406, a person who is the registered domestic partner of the participant, as established pursuant to Section 297 or 299.2 of the Family Code, on the date the participant files a beneficiary designation or an application for a benefit, or on the date of the participant’s death, shall be treated in the same manner as a spouse. (Amended by Stats. 2005, Ch. 418, Sec. 10. Effective January 1, 2006.)
  65. 26142.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 2. Definitions [26100 - 26145] ( Chapter 2 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    “System” means the State Teachers’ Retirement System.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 2. Definitions [26100 - 26145] ( Chapter 2 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26142. “System” means the State Teachers’ Retirement System. (Added by Stats. 1995, Ch. 592, Sec. 16. Effective January 1, 1996.)
  66. 26142.5.

    ## 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 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 2. Definitions [26100 - 26145] ( Chapter 2 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    “System’s headquarters office” is defined as the office building established as the system’s permanent headquarters facility, as provided under Section 22375.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 2. Definitions [26100 - 26145] ( Chapter 2 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26142.5. “System’s headquarters office” means the office building established as the permanent headquarters facility for the system, pursuant to Section 22375. (Added by Stats. 2015, Ch. 123, Sec. 31. (AB 991) Effective January 1, 2016.)
  67. 26143.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 2. Definitions [26100 - 26145] ( Chapter 2 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    This section defines “termination benefit” as the amount equal to the participant’s employee account plus employer account, payable under this part and Chapter 13 provisions.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 2. Definitions [26100 - 26145] ( Chapter 2 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26143. “Termination benefit” means a benefit that is an amount equal to the sum of the participant’s employee account and employer account payable under this part pursuant to the provisions of Chapter 13 (commencing with Section 27200). (Amended by Stats. 1998, Ch. 965, Sec. 248. Effective January 1, 1999.)
  68. 26144.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 2. Definitions [26100 - 26145] ( Chapter 2 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    This section defines “total and permanent disability” for the State Teachers’ Retirement System cash 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 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 2. Definitions [26100 - 26145] ( Chapter 2 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26144. “Total and permanent disability” means any medically determinable physical or mental incapacity that is expected to prevent the participant from performing creditable service under this part for the employer for a continuous period of at least one year. (Amended by Stats. 1998, Ch. 965, Sec. 249. Effective January 1, 1999.)
  69. 26144.5.

    ## 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 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 2. Definitions [26100 - 26145] ( Chapter 2 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    “Trustee service” means duties performed by a member of the governing body of an employer.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 2. Definitions [26100 - 26145] ( Chapter 2 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26144.5. “Trustee service” means duties performed by a member of the governing body of an employer. (Added by Stats. 2000, Ch. 1020, Sec. 11. Effective January 1, 2001.)
  70. 26145.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 2. Definitions [26100 - 26145] ( Chapter 2 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    This section defines “unfunded actuarial obligation” as any negative balance in the Gain and Loss 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 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 2. Definitions [26100 - 26145] ( Chapter 2 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26145. “Unfunded actuarial obligation” means any negative balance in the Gain and Loss Reserve. (Added by Stats. 1995, Ch. 592, Sec. 16. Effective January 1, 1996.)
  71. 262.3.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 1 GENERAL PROVISIONS [1. - 446] ( Part 1 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Educational Equity [200 - 280] ( Heading of Chapter 2 amended by Stats. 1998, Ch. 914, Sec. 6. ) ## ARTICLE 9. Enforcement [260 - 262.4] ( Heading of Article 9 renumbered from Article 6 by Stats. 1998, Ch. 914, Sec. 33. )

    Verify source ↗

    This section lets a complainant appeal certain discrimination complaint actions, requires schools and the department to provide and pursue complaint information, and allows civil remedies after a 60-day wait 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 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 9. Enforcement [260 - 262.4] ( Heading of Article 9 renumbered from Article 6 by Stats. 1998, Ch. 914, Sec. 33. ) ## 262.3. (a) (1) A party to a written complaint of prohibited discrimination may appeal the action taken by the governing board of a school district pursuant to this article, to the department. (2) In accordance with Section 4650(a)(4) of Title 5 of the California Code of Regulations, pursuant to this article, a party to a written complaint of prohibited discrimination may appeal based on a governing board of a local educational agency’s failure to issue an investigation report within the timeline required under Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations, pursuant to this article, directly with the Superintendent. The complaint shall present the Superintendent with evidence that supports the basis for the direct filing and why immediate action is necessary. Prior to direct intervention by the Superintendent, the department shall attempt to work with the local educational agency to issue a local educational agency investigation report within the timeline required under Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations, pursuant to this article, with the Superintendent. (b) Persons who have filed a complaint, pursuant to this chapter, with an educational institution shall be advised by the educational institution that civil law remedies, including, but not limited to, injunctions, restraining orders, or other remedies or orders may also be available to complainants. The educational institution shall make this information available by publication in appropriate informational materials. (c) Nothing in this chapter shall be construed to require an exhaustion of the administrative complaint process before civil law remedies may be pursued. (d) Notwithstanding any other law, a person who alleges a violation of Section 220, 243, 244, 51500, 51501, or 60044 may seek civil remedies pursuant to this section after 60 days have elapsed from the filing of an appeal to the department pursuant to Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations. The moratorium imposed by this subdivision does not apply to injunctive relief and is applicable only if the local educational agency has appropriately, and in a timely manner, apprised the complainant of their right to file a complaint. (Amended by Stats. 2025, Ch. 428, Sec. 3. (AB 715) Effective January 1, 2026.)
  72. 262.4.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 1 GENERAL PROVISIONS [1. - 446] ( Part 1 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Educational Equity [200 - 280] ( Heading of Chapter 2 amended by Stats. 1998, Ch. 914, Sec. 6. ) ## ARTICLE 9. Enforcement [260 - 262.4] ( Heading of Article 9 renumbered from Article 6 by Stats. 1998, Ch. 914, Sec. 33. )

    Verify source ↗

    This chapter may be enforced through a civil action.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 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 9. Enforcement [260 - 262.4] ( Heading of Article 9 renumbered from Article 6 by Stats. 1998, Ch. 914, Sec. 33. ) ## 262.4. This chapter may be enforced through a civil action. (Added by Stats. 1998, Ch. 914, Sec. 38. Effective January 1, 1999.)
  73. 26200.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 3. Plan Administration [26200 - 26216] ( Chapter 3 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    Money for this program must be deposited into the Teachers’ Retirement Fund, and fund disbursements must follow claims and audit 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 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 3. Plan Administration [26200 - 26216] ( Chapter 3 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26200. Employee contributions, employer contributions, investment earnings, and any other amounts provided under this part shall be deposited into the Teachers’ Retirement Fund. Disbursement of money from the fund shall be made upon claims made pursuant to Section 26209 and duly audited in the manner prescribed for the disbursement of other public funds. Notwithstanding Section 13340 of the Government Code, the Teachers’ Retirement Fund is continuously appropriated for the payment of benefits and investment transactions pursuant to this part. Disbursements may be made to return funds deposited in the fund in error. (Amended by Stats. 1998, Ch. 1048, Sec. 25. Effective January 1, 1999.)
  74. 26201.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 3. Plan Administration [26200 - 26216] ( Chapter 3 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    The Treasurer must collect investment earnings and related moneys, then immediately deposit them to the Teachers’ Retirement Fund and report them to the system.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 3. Plan Administration [26200 - 26216] ( Chapter 3 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26201. Investment earnings shall be collected by the Treasurer, and together with any other moneys received in connection with the Cash Balance Benefit Program, shall be immediately deposited to the credit of the Teachers’ Retirement Fund and reported to the system. (Amended by Stats. 1998, Ch. 1048, Sec. 26. Effective January 1, 1999.)
  75. 26202.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 3. Plan Administration [26200 - 26216] ( Chapter 3 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    The board must set up and manage a Gain and Loss Reserve for the Cash Balance Benefit Program, review reserve sufficiency goals, and decide any year-end credit to the reserve when 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 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 3. Plan Administration [26200 - 26216] ( Chapter 3 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26202. (a) The board shall establish a Gain and Loss Reserve within the Teachers’ Retirement Fund for the Cash Balance Benefit Program. The board has sole authority to administer the Gain and Loss Reserve to be drawn upon to the extent necessary to credit interest to employee accounts and employer accounts at the minimum interest rate during years in which the investment earnings of the plan with respect to the Cash Balance Benefit Program are not sufficient for that purpose, and, where necessary, to provide additions to the Annuitant Reserve for monthly annuity payments. (b) The board shall establish and periodically review goals regarding the sufficiency of the Gain and Loss Reserve based on the recommendation of the actuary. (c) In the event that the total amount of investment earnings of the plan with respect to the Cash Balance Benefit Program for any plan year exceeds the sum of the total amount required to credit all employee and employer accounts at the minimum interest rate for the plan year plus the administrative costs of the plan with respect to the Cash Balance Benefit Program for the plan year, the board shall determine the amount, if any, that is to be credited to the Gain and Loss Reserve for the 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 26211 but no later than June 30 following the end of the plan year. In determining whether an amount is to be credited to the Gain and Loss Reserve, the board shall consider the sufficiency of the reserve in light of the goal established for the sufficiency and the recommendations of the actuary. (Amended by Stats. 2016, Ch. 218, Sec. 40. (SB 1352) Effective January 1, 2017.)
  76. 26203.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 3. Plan Administration [26200 - 26216] ( Chapter 3 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    The board may amortize any unfunded actuarial obligation if it follows standards set by the Actuarial Standards Board and the Governmental Accounting Standards 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 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 3. Plan Administration [26200 - 26216] ( Chapter 3 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26203. The board may amortize any unfunded actuarial obligation in accordance with standards established by the Actuarial Standards Board and Governmental Accounting Standards Board. (Added by Stats. 1995, Ch. 592, Sec. 16. Effective January 1, 1996.)
  77. 26204.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 3. Plan Administration [26200 - 26216] ( Chapter 3 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    The board must create and administer an Annuitant Reserve for the Cash Balance Benefit Program, and it may move certain participant account credits into that reserve when an annuity is 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 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 3. Plan Administration [26200 - 26216] ( Chapter 3 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26204. The board shall establish an Annuitant Reserve within the Teachers’ Retirement Fund for the Cash Balance Benefit Program. The board has sole authority to administer the Annuitant Reserve for the payment of annuities. The board may transfer the credits from a participant’s employee account and employer account to the Annuitant Reserve upon election of an annuity by the participant or beneficiary of the participant. (Amended by Stats. 1998, Ch. 1048, Sec. 28. Effective January 1, 1999.)
  78. 26205.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 3. Plan Administration [26200 - 26216] ( Chapter 3 added by Stats. 1995, Ch. 592, Sec. 16. )

    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 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 3. Plan Administration [26200 - 26216] ( Chapter 3 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26205. The board may transfer amounts between the Gain and Loss Reserve and the Annuitant Reserve upon the recommendation of the actuary. (Added by Stats. 1995, Ch. 592, Sec. 16. Effective January 1, 1996.)
  79. 26206.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 3. Plan Administration [26200 - 26216] ( Chapter 3 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    Administrative costs for the plan’s Cash Balance Benefit Program must be paid from the Teachers’ Retirement Fund.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 3. Plan Administration [26200 - 26216] ( Chapter 3 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26206. All administrative costs of the board and system for the plan with respect to the Cash Balance Benefit Program shall be paid from the Teachers’ Retirement Fund. (Amended by Stats. 1998, Ch. 1048, Sec. 29. Effective January 1, 1999.)
  80. 26207.5.

    ## 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 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 3. Plan Administration [26200 - 26216] ( Chapter 3 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    State and General Fund money may not be treated as a liability of the Cash Balance Benefit Program, and the General Fund may not be used to cover related liabilities.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 3. Plan Administration [26200 - 26216] ( Chapter 3 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26207.5. In no event shall the funding of the Cash Balance Benefit Program be a liability of the state or the General Fund, nor shall the General Fund be used to offset or fund any liabilities attributed to the operation of the Cash Balance Benefit Program. (Amended by Stats. 1998, Ch. 1048, Sec. 31. Effective January 1, 1999.)
  81. 26208.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 3. Plan Administration [26200 - 26216] ( Chapter 3 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    The board must keep records and accounts for the Cash Balance Benefit Program and do so using recognized accounting principles and controls.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 3. Plan Administration [26200 - 26216] ( Chapter 3 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26208. The board shall establish and maintain records and accounts following recognized accounting principles and controls with respect to the Cash Balance Benefit Program. (Amended by Stats. 1998, Ch. 965, Sec. 250. Effective January 1, 1999.)
  82. 26209.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 3. Plan Administration [26200 - 26216] ( Chapter 3 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    The board may authorize transfers and disbursements from the Teachers’ Retirement Fund to carry out the Cash Balance Benefit Program, if the required official signature is provided.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 3. Plan Administration [26200 - 26216] ( Chapter 3 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26209. The board may authorize the transfer and disbursement of funds from the Teachers’ Retirement Fund for the purpose of carrying into effect the Cash Balance Benefit Program upon the signature of its chairperson, vice chairperson, the chief executive officer, or any employee of the system designated by the chief executive officer. (Amended by Stats. 1998, Ch. 1048, Sec. 32. Effective January 1, 1999.)
  83. 26210.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 3. Plan Administration [26200 - 26216] ( Chapter 3 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    The board has exclusive control over investing the Retirement Fund for Cash Balance Benefit Program assets, and the board, its officers, and employees must follow their fiduciary duties when 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 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 3. Plan Administration [26200 - 26216] ( Chapter 3 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26210. The board has exclusive control of the investment of the Retirement Fund with respect to assets attributed to the Cash Balance Benefit Program. In investing the fund, the board and its officers and employees shall exercise their fiduciary duties set forth in Chapter 4 (commencing with Section 22250) and Chapter 6 (commencing with Section 22350) of Part 13. (Amended by Stats. 1998, Ch. 965, Sec. 251. Effective January 1, 1999.)
  84. 26211.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 3. Plan Administration [26200 - 26216] ( Chapter 3 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    The board must hire an actuary for Cash Balance Benefit Program administration.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 3. Plan Administration [26200 - 26216] ( Chapter 3 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26211. The board shall acquire the services of an actuary to: (a) Perform an actuarial investigation of the demographic and economic experience of the Cash Balance Benefit Program at least once every four years and make recommendations to the board for the adoption of actuarial assumptions for the program that are, in the aggregate, reasonably related to the past experience of the program and the actuary’s best estimate of the future experience of the program. (b) Perform an annual actuarial valuation of the assets and liabilities of the plan with respect to the Cash Balance Benefit Program, using the actuarial assumptions adopted by the board. (c) Recommend to the board all rates and factors necessary to administer the Cash Balance Benefit Program, including, but not limited to, mortality tables, annuity factors, interest rates, additional earnings credits, and employer contribution rates. (d) Recommend to the board the goal for maintaining a sufficient Gain and Loss Reserve with respect to the Cash Balance Benefit Program, the amount to be transferred to the Gain and Loss Reserve from investment earnings of the plan each year with respect to the Cash Balance Benefit Program, and a strategy for the amortization of any unfunded actuarial obligation. (e) Recommend to the board transfers of amounts between the Gain and Loss Reserve and the Annuitant Reserve with respect to the Cash Balance Benefit Program. (f) Perform any other actuarial services that may be required for the administration of the plan with respect to the Cash Balance Benefit Program, as requested by the board. (Amended by Stats. 1998, Ch. 965, Sec. 252. Effective January 1, 1999.)
  85. 26212.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 3. Plan Administration [26200 - 26216] ( Chapter 3 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    The board must keep all data needed for actuarial review and valuation of the Cash Balance Benefit Program.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 3. Plan Administration [26200 - 26216] ( Chapter 3 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26212. The board shall maintain all data necessary for the actuarial investigation of the demographic and economic experience of the Cash Balance Benefit Program, and for the actuarial valuation of the assets and liabilities of the plan with respect to the Cash Balance Benefit Program. (Amended by Stats. 1998, Ch. 965, Sec. 253. Effective January 1, 1999.)
  86. 26213.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 3. Plan Administration [26200 - 26216] ( Chapter 3 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    The board must adopt actuarial assumptions, rates, factors, and tables needed to administer the Cash Balance Benefit Program as an amendment to 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 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 3. Plan Administration [26200 - 26216] ( Chapter 3 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26213. The board shall adopt actuarial assumptions, rates, factors and tables necessary to administer the Cash Balance Benefit Program as an amendment to the plan. (Amended by Stats. 1998, Ch. 965, Sec. 254. Effective January 1, 1999.)
  87. 26214.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 3. Plan Administration [26200 - 26216] ( Chapter 3 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    The system must provide each eligible participant a year-end statement showing account balances and yearly credits, and it must mail a copy unless mailing conditions are not met or the participant asked for electronic delivery.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 3. Plan Administration [26200 - 26216] ( Chapter 3 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26214. (a) Except as provided in subdivision (b), the system shall make available, after the end of the plan year, to each participant having a balance in his or her employee account or employer account, a statement setting forth the balance as of the close of the plan year and amounts credited for the year. The system shall mail a copy of the participant’s statement, provided that the employer or participant has informed the system of the participant’s current mailing address and the participant has not requested to receive that statement electronically, in lieu of mailing. (b) The mode of issuance described in subdivision (a) is subject to Section 22337. (Amended by Stats. 2013, Ch. 459, Sec. 10. (AB 989) Effective January 1, 2014.)
  88. 26216.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 3. Plan Administration [26200 - 26216] ( Chapter 3 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    The board may administer the Cash Balance Benefit Program through an agreement with a qualified third-party administrator, and that administrator must provide the services specified in the agreement.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 3. Plan Administration [26200 - 26216] ( Chapter 3 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26216. The board may administer the Cash Balance Benefit Program through an agreement with a qualified third-party administrator that shall provide custodial, recordkeeping, or other administrative services specified under the agreement. (Amended by Stats. 1998, Ch. 965, Sec. 255. Effective January 1, 1999.)
  89. 26300.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 4. Employer and Participant Responsibilities [26300 - 26306] ( Chapter 4 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    Employers must give employees specified retirement-program information within 10 working days, keep the employee’s written acknowledgment, and notify existing employees when alternative coverage rights apply.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 4. Employer and Participant Responsibilities [26300 - 26306] ( Chapter 4 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26300. (a) Within 10 working days following the later of the first day of employment, the date of the employer’s governing board’s action to provide the Cash Balance Benefit Program, or the effective date of the employer’s governing board’s action to provide the Cash Balance Benefit Program, the employer shall make available to the employee the following information: (1) The employee’s rights and responsibilities as a participant in the program, the employer’s responsibilities under the program, and the benefits payable under the program. (2) The employee’s right to elect membership in the Defined Benefit Program in lieu of participation in the Cash Balance Benefit Program, the rights and responsibilities of a member and the employer under the Defined Benefit Program, and benefits payable under the Defined Benefit Program. (b) Written acknowledgment by the employee that he or she has received the information specified in subdivision (a) shall be retained in the employer’s files on a form prescribed by the system. (c) If an employer’s governing board’s action to provide the Cash Balance Benefit Program gives employees the right to elect other coverage in lieu of the Cash Balance Benefit Program pursuant to Section 26400, the employer shall, within 10 working days following the later of the first day on which creditable service is performed, the date of the employer’s governing board’s action to provide the program or the effective date of the employer’s governing board’s action to provide the program, notify existing employees of the following: (1) The employee’s right to elect other coverage if offered by the employer in lieu of participation in the Cash Balance Benefit Program. (2) The rights and responsibilities of the employer and a participant in an alternative retirement plan if offered by the employer. (3) The benefits payable under an alternative retirement plan if offered by the employer. (Amended by Stats. 1998, Ch. 1048, Sec. 33. Effective January 1, 1999.)
  90. 26301.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 4. Employer and Participant Responsibilities [26300 - 26306] ( Chapter 4 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    Employers must report participant contributions and required information within 10 working days after the pay period ends, and submit the report electronically in the system’s encrypted format. The board must assess a penalty for late or unacceptable reports.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 4. Employer and Participant Responsibilities [26300 - 26306] ( Chapter 4 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26301. (a) Employers shall report contributions paid on behalf of each participant in each pay period, along with all other information required by the system no later than 10 working days following the last day of the pay period in which the salary was earned, and the report shall be delinquent immediately thereafter. That report shall be submitted electronically in an encrypted format provided by the system that ensures the security of the transmitted participant data. (b) The board shall, in accordance with regulations, assess a penalty against the employer for a report submitted late or in an unacceptable form. The penalty shall be based upon the sum of the employee and employer contributions required to be reported under this part at a rate of interest equal to the regular interest rate, accruing on the balance for the period between the time the report was due and the time an acceptable report is actually received by the system. (Amended by Stats. 2011, Ch. 703, Sec. 32. (SB 349) Effective January 1, 2012.)
  91. 26301.5.

    ## 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 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 4. Employer and Participant Responsibilities [26300 - 26306] ( Chapter 4 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    Each employer must deduct required participant contributions from participants’ salaries and remit those contributions, plus required employer contributions, to the system.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 4. Employer and Participant Responsibilities [26300 - 26306] ( Chapter 4 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26301.5. Each employer shall deduct from the salary of participants employed by the employer the participant contributions required by this part and shall remit to the system those contributions plus the employer contributions required by this part and Section 44987. (Added by Stats. 1998, Ch. 965, Sec. 257. Effective January 1, 1999.)
  92. 26301.7.

    ## 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 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 4. Employer and Participant Responsibilities [26300 - 26306] ( Chapter 4 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    Employers must pay contributions due under this part by electronic funds transfer through an automated clearinghouse, as prescribed by the board.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 4. Employer and Participant Responsibilities [26300 - 26306] ( Chapter 4 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26301.7. (a) All contributions due to the system by an employer under this part shall be paid by an electronic funds transfer method through an automated clearinghouse as prescribed by the board. This payment requirement is effective upon authorization by the board. (b) For purposes of this section, “automated clearinghouse” means any federal reserve bank, or an organization established in agreement with the National Automated Clearing House Association, that operates as a clearinghouse for transmitting or receiving entries between banks or bank accounts and which authorizes an electronic transfer of funds between these banks or bank accounts. (c) An employer that is unable, for good cause, to comply with subdivision (a) may apply to the board for a waiver that allows the employer to pay in an alternate manner as prescribed by the board. (Added by Stats. 2018, Ch. 125, Sec. 2. (AB 2052) Effective January 1, 2019.)
  93. 26302.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 4. Employer and Participant Responsibilities [26300 - 26306] ( Chapter 4 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    If contribution amounts are wrong, the employer must fix them within 60 days and refund any mistaken deductions to the participant.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 4. Employer and Participant Responsibilities [26300 - 26306] ( Chapter 4 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26302. (a) If more or less than the contributions required by this part are paid to the plan based on salary paid to a participant, proper adjustment shall be made by the employer within 60 days of discovery or of notification by the system, and any contributions deducted in error from the participant’s salary shall be returned to the participant by the employer within the same time period. (b) The board shall, in accordance with regulations, assess penalties for late or improper adjustments pursuant to Section 26301. These penalties shall be assessed at a rate equal to the penalties imposed under subdivision (b) of Section 26301 and shall be deemed to be interest earned in the year in which the penalty is received. (Amended by Stats. 2011, Ch. 703, Sec. 33. (SB 349) Effective January 1, 2012.)
  94. 26303.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 4. Employer and Participant Responsibilities [26300 - 26306] ( Chapter 4 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    Employers must send employee and employer contributions to the plan within 10 working days after the pay period ends. Late payments become delinquent on the 11th working day, interest starts to accrue, and the board must collect that interest under 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 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 4. Employer and Participant Responsibilities [26300 - 26306] ( Chapter 4 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26303. (a) Employers shall transmit to the plan the employee contributions and employer contributions with respect to the Cash Balance Benefit Program for salary paid to each participant during the pay period no later than 10 working days following the last day of the pay period in which the salary was earned. (b) Payments shall be delinquent on the 11th working day thereafter, and interest shall begin to accrue at the regular interest rate from that day until payment for the contributions and interest is received in full by the system. The board, in accordance with regulations, shall collect interest for late payment from the employer under this subdivision. (Amended by Stats. 2011, Ch. 703, Sec. 34. (SB 349) Effective January 1, 2012.)
  95. 26303.5.

    ## 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 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 4. Employer and Participant Responsibilities [26300 - 26306] ( Chapter 4 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    A person or entity that reports directly to the system may appeal an assessed penalty or interest under the appeals process in Section 22219.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 4. Employer and Participant Responsibilities [26300 - 26306] ( Chapter 4 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26303.5. A person or entity that reports directly to the system that is assessed a penalty or interest pursuant to Section 26301 or 26303 may appeal the assessed penalty or interest using the appeals process established pursuant to Section 22219. (Added by Stats. 2009, Ch. 249, Sec. 11. (AB 654) Effective January 1, 2010.)
  96. 26303.7.

    ## 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 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 4. Employer and Participant Responsibilities [26300 - 26306] ( Chapter 4 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    Penalties and interest due under the cited sections are treated as additional required contributions and, when received, must be deposited into the Teachers’ Retirement Fund.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 4. Employer and Participant Responsibilities [26300 - 26306] ( Chapter 4 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26303.7. Penalties and interest due to the system pursuant to Section 26301 or 26303 are additional required contributions that, when received, shall be deposited to the Teachers’ Retirement Fund and treated in the same manner as other contributions. (Added by Stats. 2020, Ch. 275, Sec. 17. (AB 2101) Effective January 1, 2021.)
  97. 26304.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 4. Employer and Participant Responsibilities [26300 - 26306] ( Chapter 4 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    An employer must give timely notice to the system when a participant is employed, dies, or stops being employed.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 4. Employer and Participant Responsibilities [26300 - 26306] ( Chapter 4 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26304. An employer shall provide timely notice to the system of the employment, death, or termination of employment of a participant. (Amended by Stats. 1996, Ch. 608, Sec. 17. Effective September 19, 1996. Applicable from July 1, 1996, pursuant to Sec. 58 of Ch. 608.)
  98. 26305.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 4. Employer and Participant Responsibilities [26300 - 26306] ( Chapter 4 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    On request, an employer must give the system salary information for employees covered by the Cash Balance Benefit Program for a 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 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 4. Employer and Participant Responsibilities [26300 - 26306] ( Chapter 4 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26305. Upon request of the system, an employer shall provide the system with information regarding the salary paid or to be paid to employees subject to coverage by the Cash Balance Benefit Program in a plan year. The information may include, but shall not be limited to, employment contracts, salary schedules, and minutes from meetings conducted by the governing board of the employer. (Amended by Stats. 1998, Ch. 965, Sec. 260. Effective January 1, 1999.)
  99. 26306.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 4. Employer and Participant Responsibilities [26300 - 26306] ( Chapter 4 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    Participants, beneficiaries, and certain trust trustees must provide specified information or certifications to the system when requested or on the stated timing.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 4. Employer and Participant Responsibilities [26300 - 26306] ( Chapter 4 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26306. (a) Upon request by the system, a participant or beneficiary with respect to the Cash Balance Benefit Program shall provide to the system any information affecting his or her status as a participant or beneficiary. (b) Upon request by the system, the participant shall provide proof of his or her date of birth. (c) A participant who has not contributed to the Cash Balance Benefit Program during the immediately preceding plan year shall provide the system with his or her current mailing address and beneficiary information. (d) For a trust as defined in subdivision (b) of Section 26106.5 that is designated as a joint and survivor annuity beneficiary, the following documentation is required: (1) The participant shall provide an acknowledged certification that includes each declaration prescribed by clause A-6 of Section 1.401(a)(9)-4 of Title 26 of the Code of Federal Regulations and a declaration that the trust meets the requirements and conditions as defined in subdivision (b) of Section 26106.5. The certification shall be submitted to the system at the time of election of the beneficiary and is required for the election to be valid. The certification shall be in the form of an acknowledged declaration signed by the participant and by all then-acting trustees of the trust. (2) After the participant’s death, the then-acting trustee or trustees of the trust shall provide an acknowledged certification that includes each of the declarations prescribed by clause A-6 of Section 1.401(a)(9)-4 of Title 26 of the Code of Federal Regulations and a declaration that the trust meets the requirements and conditions as defined in subdivision (b) of Section 26106.5. The certification by the trustee or trustees of the trust shall be submitted to the system upon the participant’s death and shall additionally certify that the trust has not been revoked, modified, or amended in any manner which would cause the representations contained in the certification to be incorrect. The certification shall contain a statement that it is being signed by all of the then-acting trustees of the trust and shall be in the form of an acknowledged declaration signed by all the then-acting trustees. (3) At any time, upon demand by the system, the participant or trustee of the trust shall provide a copy of the trust instrument. (Amended by Stats. 2016, Ch. 559, Sec. 14. (AB 1875) Effective January 1, 2017.)
  100. 26400.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 5. Eligibility [26400 - 26403] ( Chapter 5 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    Certain eligible employees must join the Cash Balance Benefit Program, but some may elect Social Security or another offered retirement option instead.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 5. Eligibility [26400 - 26403] ( Chapter 5 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26400. (a) (1) Any person who is not already a member of the Defined Benefit Program and who is employed to perform creditable service by an employer that provides the Cash Balance Benefit Program shall become a participant in the Cash Balance Benefit Program for creditable service performed for that employer if the person is not excluded from participation pursuant to Section 22601 and all employment to perform creditable service for that employer meets either of the following conditions: (A) The person is employed by an employer, excluding a community college district, to perform creditable service on a part-time basis for less than 50 percent of the time the employer requires for the full-time position, or on a substitute, part-time hourly or part-time daily basis. (B) The person is employed by a community college district to perform creditable service on a temporary basis pursuant to Section 87474, 87478, 87480, 87481, 87482, or 87482.5. (2) Participation shall begin as of the first day of employment or the effective date of the employer’s governing board’s action to provide the Cash Balance Benefit Program, whichever is later. (b) If the employer’s governing board’s action to provide the Cash Balance Benefit Program gives employees the right to elect coverage by the federal Social Security Act or an alternative retirement plan offered by the employer in addition to the Cash Balance Benefit Program, the employee may elect coverage by the federal Social Security Act or the alternative retirement plan in lieu of participating in the Cash Balance Benefit Program. (1) The election shall be made in writing on a properly executed form prescribed by the system and filed with the employer within 60 calendar days after the first day of employment, or the date of the employer’s governing board’s action to provide the Cash Balance Benefit Program, or the effective date of the employer’s governing board’s action to provide the Cash Balance Benefit Program, whichever occurs later. (2) The election form shall be received at the system’s headquarters office within 60 calendar days after the date of the employee’s signature. The employer shall retain a copy of the signed election form. (3) The election shall become effective as of the first day of employment or the effective date of the employer’s governing board’s action to provide the Cash Balance Benefit Program, whichever occurs later. (c) If the employer’s governing board subsequently provides coverage by the federal Social Security Act, a person who becomes a participant in the Cash Balance Benefit Program pursuant to subdivision (a) may elect coverage by the federal Social Security Act in lieu of participating in the Cash Balance Benefit Program. (1) The election shall be made in writing on a properly executed form prescribed by the system and filed with the employer within 60 calendar days after the date of the employer’s governing board’s action to provide coverage by the federal Social Security Act or the effective date of the employer’s governing board’s action to provide coverage by the federal Social Security Act, whichever occurs later. (2) The election form shall be received by the system’s headquarters office within 60 calendar days after the date of the employee’s signature. The employer shall retain a copy of the signed election form. (3) The election shall become effective as of the effective date of the employer’s governing board’s action to provide coverage by the federal Social Security Act. (d) If the governing board of an employer provided federal Social Security Act coverage with an effective date prior to January 1, 2007, and the employer offered the Cash Balance Benefit Program as of the effective date of the governing board’s action to provide federal Social Security Act coverage, a participant who was performing creditable service for that employer may elect to be covered by the federal Social Security Act in lieu of the Cash Balance Benefit Program. The participant’s election shall be made on or after March 1, 2008, and on or before May 1, 2008. The election to participate in the federal Social Security Act shall be effective on July 1, 2008. (e) An election made pursuant to subdivision (b), (c), or (d) shall not preclude an employee from electing to participate in the Cash Balance Benefit Program for creditable service performed for that employer at a later date if the employer still provides the Cash Balance Benefit Program and the employee is eligible for participation as described in paragraph (1) of subdivision (a). (1) The election shall be made in writing on a properly executed form prescribed by the system and filed with the employer. (2) The election form shall be received by the system’s headquarters office within 60 calendar days after the date of the employee’s signature and prior to the submission of contributions. The employer shall retain a copy of the signed election form. (3) The election shall be effective no earlier than the first day of the pay period in which the election is made and may not be canceled. (Repealed and added by Stats. 2019, Ch. 318, Sec. 9. (AB 1452) Effective January 1, 2020.)
  101. 26401.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 5. Eligibility [26400 - 26403] ( Chapter 5 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    This section lets certain eligible members or employees choose Cash Balance Benefit Program coverage, and it sets filing, receipt, and recordkeeping 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 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 5. Eligibility [26400 - 26403] ( Chapter 5 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26401. (a) (1) A member of the Defined Benefit Program who is employed by an employer that provides the Cash Balance Benefit Program may elect to become a participant of the Cash Balance Benefit Program for creditable service performed for that employer if all employment to perform creditable service for that employer meets either of the following conditions: (A) The member is employed by an employer, excluding a community college district, to perform creditable service on a part-time basis for less than 50 percent of the time the employer requires for the full-time position or on a substitute, part-time hourly, or part-time daily basis. (B) The member is employed by a community college district to perform creditable service on a temporary basis pursuant to Section 87474, 87478, 87480, 87481, 87482, or 87482.5. (2) The election shall be made in writing on a properly executed form prescribed by the system and filed with the employer within 60 calendar days after the first day of employment, or the date of the employer’s governing board’s action to provide the Cash Balance Benefit Program, or the effective date of the employer’s governing board’s action to provide the Cash Balance Benefit Program, whichever occurs later. (3) The election form shall be received at the system’s headquarters office within 60 calendar days after the date of the employee’s signature and prior to the submission of contributions. The employer shall retain a copy of the signed election form. (4) The election shall become effective as of the first day of employment or the effective date of the employer’s governing board’s action to provide the Cash Balance Benefit Program, whichever occurs later. (b) (1) If an employee was excluded from participation in the Cash Balance Benefit Program pursuant to Section 26401.5, as that section read on December 31, 2000, for the same service, the employee may elect to become a participant for creditable service subject to coverage under the Cash Balance Benefit Program for that employer, provided all of the following conditions are met: (A) The employment is pursuant to Section 87474, 87478, 87480, 87481, 87482, or 87482.5. (B) The employer offers the Cash Balance Benefit Program. (C) The creditable service is not also subject to mandatory membership in the Defined Benefit Program. (2) Employers shall, on or before May 1, 2007, make available to employees described in this subdivision, information and forms provided by the system for making an election regarding participation. The employee shall submit the form to the employer within a 60-day election period designated by the employer. The employer shall retain a copy of the employee’s signed election form and mail the original signed election form to the system’s headquarters office. The election shall become effective on the first day of the pay period following the pay period in which the election is made. (c) A member who elects to participate in the Cash Balance Benefit Program pursuant to this section may subsequently elect that creditable service performed for the employer be subject to coverage by the Defined Benefit Program in lieu of the Cash Balance Benefit Program. (1) The election shall be made in writing on a properly executed form prescribed by the system and filed with the employer at any time while employed to perform creditable service. (2) The election form shall be received at the system’s headquarters office within 60 calendar days after the date of the employee’s signature and prior to the submission of contributions. The employer shall retain a copy of the signed election form. (3) The election shall become effective no earlier than the first day of the pay period in which the election is made and is irrevocable. (Amended by Stats. 2019, Ch. 318, Sec. 10. (AB 1452) Effective January 1, 2020.)
  102. 26403.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 5. Eligibility [26400 - 26403] ( Chapter 5 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    A person performing trustee service may elect to join the Cash Balance Benefit Program, but the election must be written, filed with the employer, and handled within the stated 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 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 5. Eligibility [26400 - 26403] ( Chapter 5 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26403. (a) A person who performs trustee service for an employer who has elected to provide benefits pursuant to this part to its employees may elect to participate in the Cash Balance Benefit Program for that service. (1) The election shall be made in writing on a properly executed form prescribed by the system and filed with the employer at any time while performing trustee service. (2) The election form shall be received at the system’s headquarters office within 60 calendar days after the date of the trustee’s signature and prior to the submission of contributions. The employer shall retain a copy of the election form. (3) The election shall become effective no earlier than the first day of the pay period in which the election is made. (b) An election made pursuant to this section is irrevocable. (Amended by Stats. 2019, Ch. 318, Sec. 11. (AB 1452) Effective January 1, 2020.)
  103. 26500.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 6. Contributions [26500 - 26507] ( Chapter 6 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    If a person accepts covered employment, that acceptance counts as consent to have salary contributions deducted as required by Section 26501.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 6. Contributions [26500 - 26507] ( Chapter 6 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26500. Acceptance of employment subject to coverage by the Cash Balance Benefit Program constitutes consent to have contributions deducted from the employee’s salary as required by Section 26501. (Amended by Stats. 1998, Ch. 965, Sec. 264. Effective January 1, 1999.)
  104. 26501.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 6. Contributions [26500 - 26507] ( Chapter 6 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    The participant must contribute an amount equal to 4% of salary, unless Section 26504 provides 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 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 6. Contributions [26500 - 26507] ( Chapter 6 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26501. Except as provided in Section 26504, the participant shall contribute an amount equivalent to 4 percent of salary. (Amended by Stats. 1998, Ch. 1048, Sec. 38. Effective January 1, 1999.)
  105. 26501.5.

    ## 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 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 6. Contributions [26500 - 26507] ( Chapter 6 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    A person who elects to join the Cash Balance Benefit Program must make contributions based on salary or other compensation earned for trustee 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 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 6. Contributions [26500 - 26507] ( Chapter 6 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26501.5. A person who elects, pursuant to Section 26403, to participate in the Cash Balance Benefit Program shall make contributions, as provided in Section 26501, based on his or her salary or other compensation earned for trustee service. (Added by Stats. 2000, Ch. 1020, Sec. 14. Effective January 1, 2001.)
  106. 26502.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 6. Contributions [26500 - 26507] ( Chapter 6 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    An employer may pay employee contribution amounts instead of deducting them from the employee’s salary, if the payment is done only for the stated tax and revenue-code 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 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 6. Contributions [26500 - 26507] ( Chapter 6 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26502. Notwithstanding Section 26301.5, the employer may pick up, for the sole purpose of and in accordance with the requirements of Section 414(h)(2) of Title 26 of the United States Code and Section 17501 of the Revenue and Taxation Code, all of the amounts otherwise due as employee contributions, which shall be paid by the employer in lieu of employee contributions and which shall be deducted from the employee’s salary. (Amended by Stats. 1998, Ch. 965, Sec. 265. Effective January 1, 1999.)
  107. 26503.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 6. Contributions [26500 - 26507] ( Chapter 6 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    An employer must contribute an amount equal to 4% of salary for each participant it employs, except as provided in Sections 26504 and 26507.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 6. Contributions [26500 - 26507] ( Chapter 6 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26503. Except as provided in Sections 26504 and 26507, the employer shall contribute an amount equivalent to 4 percent of salary for each participant employed by the employer. (Amended by Stats. 1998, Ch. 1048, Sec. 39. Effective January 1, 1999.)
  108. 26503.5.

    ## 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 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 6. Contributions [26500 - 26507] ( Chapter 6 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    If a person elects to join the Cash Balance Benefit Program under Section 26403, the employer must make contributions based on salary or other compensation for trustee 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 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 6. Contributions [26500 - 26507] ( Chapter 6 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26503.5. If a person elects, pursuant to Section 26403, to participate in the Cash Balance Benefit Program, his or her employer shall make contributions, as provided in Section 26503, based on the salary or other compensation paid for trustee service. For a participant subject to the California Public Employees’ Pension Reform Act of 2013, other compensation paid for trustee service is subject to the same requirements as “salary” as defined in Section 26139.5. (Amended by Stats. 2013, Ch. 559, Sec. 38. (AB 1381) Effective January 1, 2014. Deemed operative January 1, 2013, by Sec. 1 of Ch. 559.)
  109. 26504.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 6. Contributions [26500 - 26507] ( Chapter 6 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    An employer may use a collective bargaining agreement to set different employee and employer contribution rates if the statute’s conditions are met.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 6. Contributions [26500 - 26507] ( Chapter 6 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26504. The employer may enter into a collective bargaining agreement to pay a different employer contribution rate and a different employee contribution rate, provided all of the following conditions are met: (a) The sum of the employee contributions and employer contributions for each participant shall equal or exceed 8 percent of salary. (b) The employee contribution rate may exceed the employer contribution rate but in no event shall the employer contribution rate be less than 4 percent. (c) The employee contribution rate shall not be less than the employer contribution rate. If the terms of a collective bargaining agreement that is in effect on January 1, 2014, would be impaired by this subdivision, this subdivision shall not apply to the employer and participants subject to that contract until the expiration of that contract. A renewal, amendment, or any other extension of that contract shall be subject to the requirements of this subdivision. (d) The employee contribution rate and employer contribution rate shall be the same for each participant employed by the employer. (e) The employee contribution rate and employer contribution rate shall be in one-quarter percent increments. (f) The employee contribution rate and employer contribution rate as determined under the collective bargaining agreement shall become effective on the first day of the plan year following notification to the system and shall remain in effect for at least one plan year. However, the employee contribution rate and the employer contribution rate as determined under the collective bargaining agreement may become effective as of the first day of the plan year in which notice is given if it is so provided in the collective bargaining agreement and if a lump-sum contribution is made to the plan equal to the additional employee and employer contributions, if any, that would have been required if the contribution rates had been in effect on the first day of the plan year. Interest shall be credited at the minimum interest rate with respect to the lump-sum contribution commencing with the first month after the contribution is made. (g) The employer has filed notice of the employee contribution rate and the employer contribution rate on a form prescribed by the system. (Amended by Stats. 2013, Ch. 559, Sec. 39. (AB 1381) Effective January 1, 2014. Deemed operative January 1, 2013, by Sec. 1 of Ch. 559.)
  110. 26506.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 6. Contributions [26500 - 26507] ( Chapter 6 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    Participants generally may not make voluntary pretax or post-tax contributions or redeposit previously distributed amounts into the Cash Balance Benefit Program, except as allowed under subdivision (b).

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 6. Contributions [26500 - 26507] ( Chapter 6 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26506. (a) Except as provided in subdivision (b), participants shall not make voluntary pretax or post-tax contributions into the Cash Balance Benefit Program, nor shall participants redeposit amounts previously distributed from employee accounts or employer accounts. (b) Pursuant to terms and conditions established by the board, participants may be permitted to transfer funds from eligible retirement plans into the Cash Balance Benefit Program to the extent that the transfers are allowable under and are completed in a manner prescribed by applicable federal and state laws, and any related regulations. (c) Funds deposited with the Cash Balance Benefit Program by a participant pursuant to subdivision (b) shall be credited to the participant and identified separately from credits in the participant’s employee and employer accounts. Funds so deposited shall be treated as credits to the participant’s employee account for all other purposes under this part. (Amended by Stats. 2015, Ch. 123, Sec. 34. (AB 991) Effective January 1, 2016.)
  111. 26507.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 6. Contributions [26500 - 26507] ( Chapter 6 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    The board may raise the mandatory employer contribution rate under Section 26503, but only for a fixed period, on the actuary’s recommendation, and within stated 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 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 6. Contributions [26500 - 26507] ( Chapter 6 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26507. (a) The board may adjust the mandatory employer contribution rate specified under Section 26503 for a fixed period of plan years when it has determined based upon the recommendation of the actuary, that increased contributions are required. The adjustment shall not exceed one-fourth of one percent for any plan year. The mandatory employer contribution rate as adjusted shall not exceed 4.25 percent of salary in any plan year for each participant employed by the employer, except as provided in subdivision (b). (b) The adjustment to the employer contribution rate specified in subdivision (a) shall be applied to the employer contribution rate specified in a collective bargaining agreement pursuant to Section 26504 and in effect on the first day of the plan year in which the adjustment to the employer contribution rate takes effect. (c) The adjusted employer contribution rate shall become effective no earlier than the first day of the plan year immediately following adoption by the board. (Amended by Stats. 1998, Ch. 965, Sec. 268. Effective January 1, 1999.)
  112. 26600.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 7. Employee and Employer Accounts [26600 - 26607] ( Chapter 7 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    Participant accounts are treated as nominal accounts, and participants have no actual individual account or claim to specific plan or fund 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 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 7. Employee and Employer Accounts [26600 - 26607] ( Chapter 7 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26600. All contributions based on salary earned by a participant, together with amounts credited under the minimum interest rate and additional earnings credit amounts, shall be treated as credits to individual accounts in the name of the participant. These accounts shall be nominal accounts used to determine the amount of retirement benefit, disability benefit, death benefit, or termination benefit of the participant or beneficiary. The participant shall have no actual individual account and shall have no claim to any particular assets of the plan or the fund. (Added by Stats. 1995, Ch. 592, Sec. 16. Effective January 1, 1996.)
  113. 26601.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 7. Employee and Employer Accounts [26600 - 26607] ( Chapter 7 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    Employee contributions, interest credited under the minimum interest rate, and related additional earnings credits must be treated as credits to the participant’s employee 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 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 7. Employee and Employer Accounts [26600 - 26607] ( Chapter 7 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26601. All employee contributions and interest credited under the minimum interest rate and additional earnings credits in respect of those contributions shall be treated as credits to the participant’s employee account. (Added by Stats. 1995, Ch. 592, Sec. 16. Effective January 1, 1996.)
  114. 26602.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 7. Employee and Employer Accounts [26600 - 26607] ( Chapter 7 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    Employer contributions on behalf of a participant, and related credited interest, must be treated as credits in the participant’s employer 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 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 7. Employee and Employer Accounts [26600 - 26607] ( Chapter 7 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26602. All employer contributions on behalf of the participant and interest credited under the minimum interest rate and additional earnings credits in respect of those contributions shall be treated as credits to the participant’s employer account. (Added by Stats. 1995, Ch. 592, Sec. 16. Effective January 1, 1996.)
  115. 26603.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 7. Employee and Employer Accounts [26600 - 26607] ( Chapter 7 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    Employee contributions must be credited to employee accounts and employer contributions to employer accounts when contributions are due to be transmitted to 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 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 7. Employee and Employer Accounts [26600 - 26607] ( Chapter 7 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26603. (a) All employee contributions shall be credited to employee accounts and all employer contributions shall be credited to employer accounts effective as of the day contributions are required to be transmitted to the plan pursuant to subdivision (a) of Section 26303. (b) This section shall become operative on July 1, 2018. (Repealed (in Sec. 41) and added by Stats. 2016, Ch. 218, Sec. 42. (SB 1352) Effective January 1, 2017. Section operative July 1, 2018, by its own provisions.)
  116. 26604.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 7. Employee and Employer Accounts [26600 - 26607] ( Chapter 7 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    The board must set the minimum interest rate for employee and employer accounts before each plan year, and interest must be calculated at that rate and compounded daily. No interest may be credited to accounts transferred to the Annuitant Reserve for an 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 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 7. Employee and Employer Accounts [26600 - 26607] ( Chapter 7 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26604. (a) Beginning June 1, 1996, prior to the Cash Balance Plan becoming effective, and prior to the beginning of each plan year thereafter, the board, by plan amendment with respect to the Cash Balance Benefit Program, shall declare the minimum interest rate for crediting employee accounts and employer accounts with respect to the Cash Balance Benefit Program during the following plan year. (b) All interest shall be computed at the minimum interest rate on the balance of the employee account and the employer account and shall be compounded daily. (c) Interest shall not be credited to employee accounts and employer accounts that have been transferred to the Annuitant Reserve for payment of an annuity. (Amended by Stats. 2016, Ch. 218, Sec. 43. (SB 1352) Effective January 1, 2017.)
  117. 26605.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 7. Employee and Employer Accounts [26600 - 26607] ( Chapter 7 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    If plan investment earnings exceed certain costs and minimum-credit amounts, the board may grant an additional earnings credit for the plan year by plan amendment.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 7. Employee and Employer Accounts [26600 - 26607] ( Chapter 7 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26605. In the event that the total amount of investment earnings of the plan for any plan year exceeds the sum of the total amount required to credit all employee and employer accounts at the minimum interest rate for the plan year plus the administrative costs of the plan for the plan year, then following the determination by the board with respect to additions to the Gain and Loss Reserve described in subdivision (c) of Section 26202 the board may declare by means of plan amendment an additional earnings credit for the plan year with respect to the employee and employer accounts of the plan participants. (Added by Stats. 1995, Ch. 592, Sec. 16. Effective January 1, 1996.)
  118. 26606.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 7. Employee and Employer Accounts [26600 - 26607] ( Chapter 7 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    Any additional earnings credit must be set as a specified percentage increase in the closing balance of each employee and employer account for the Cash Balance Benefit Program, measured at the end of the 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 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 7. Employee and Employer Accounts [26600 - 26607] ( Chapter 7 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26606. Any additional earnings credit declared shall be determined as a specified percentage increase in the closing balance of each employee account and employer account with respect to the Cash Balance Benefit Program measured as of the last day of the plan year. The additional earnings credit shall be credited to employee account and employer account balances as of the date the board declares the additional earnings credit is to be applied. The additional earnings credit shall not be credited to employee accounts and employer accounts that have been transferred to the Annuitant Reserve for payment of an annuity under the Cash Balance Benefit Program. (Amended by Stats. 1998, Ch. 965, Sec. 270. Effective January 1, 1999.)
  119. 26607.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 7. Employee and Employer Accounts [26600 - 26607] ( Chapter 7 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    The board may, by plan amendment, grant an additional annuity credit under the Cash Balance Benefit Program, but only if an additional earnings credit is also declared and plan investment earnings exceed specified plan costs and obligations.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 7. Employee and Employer Accounts [26600 - 26607] ( Chapter 7 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26607. (a) The board may declare by means of plan amendment with respect to the Cash Balance Benefit Program an additional annuity credit applicable to annuities being paid under the Cash Balance Benefit Program. (b) The declaration authorized by subdivision (a) may be made only when the board by plan amendment with respect to the Cash Balance Benefit Program declares an additional earnings credit as provided in Section 26605 and if the total amount of investment earnings of the plan with respect to the Cash Balance Benefit Program for the plan year exceeds the sum of the total amount required to credit all employee and employer accounts at the minimum interest rate, the administrative costs of the plan with respect to the Cash Balance Benefit Program for the plan year, any addition to be made to the Gain and Loss Reserve under subdivision (c) of Section 26202, the total amount required to credit all employee and employer accounts in respect of the additional earnings credit so declared, and any other obligations incurred by the plan with respect to the Cash Balance Benefit Program. (c) Any additional annuity credit with respect to the Cash Balance Benefit Program shall be based upon the annuity of the participant or beneficiary for the plan year and shall be paid as a lump sum to the participant or beneficiary on the date specified by the board. (Amended by Stats. 1998, Ch. 965, Sec. 271. Effective January 1, 1999.)
  120. 26700.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 8. Rights to Benefits [26700 - 26704] ( Chapter 8 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    A participant has a vested right to a retirement benefit equal to the total balance of credits in the participant’s employee and employer accounts.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 8. Rights to Benefits [26700 - 26704] ( Chapter 8 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26700. A participant has a vested right to a retirement benefit equal in amount to the total balance of credits in his or her employee account and employer account. The right accrues when a person becomes a participant. (Added by Stats. 1995, Ch. 592, Sec. 16. Effective January 1, 1996.)
  121. 26701.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 8. Rights to Benefits [26700 - 26704] ( Chapter 8 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    A participant’s benefit under this part is generally protected from execution or other legal process, and the benefit right cannot be assigned except as this part specifically allows.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 8. Rights to Benefits [26700 - 26704] ( Chapter 8 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26701. The right of a participant to a benefit under this part, whether by lump sum or annuity, is not subject to execution or any other process whatsoever, except to the extent permitted by Section 704.110 of the Code of Civil Procedure, and is unassignable except as specifically provided under this part. (Amended by Stats. 1998, Ch. 1048, Sec. 43. Effective January 1, 1999.)
  122. 26702.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 8. Rights to Benefits [26700 - 26704] ( Chapter 8 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    This section sets time limits for actions and recovery related to Cash Balance Benefit Program payment errors.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 8. Rights to Benefits [26700 - 26704] ( Chapter 8 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26702. (a) For the purpose of payments into or out of the fund for adjustments of errors or omissions with respect to the Cash Balance Benefit Program, the period of limitation shall be applied as follows: (1) No action may be commenced by or against the board, the system, or the plan more than three years after all obligations to or on behalf of the participant or beneficiary have been discharged. (2) In cases where the system makes an error resulting in incorrect payment to the participant or beneficiary, the system’s right to commence recovery shall expire three years from the date of payment. (3) If an erroneous payment is made due to lack of information or inaccurate information regarding eligibility of a participant or beneficiary to receive a benefit from the Cash Balance Benefit Program, the period of limitation shall commence when the system discovers the erroneous payment. (b) Notwithstanding any other provision of this section, if any erroneous payment has been made on the basis of fraud or intentional misrepresentation by a participant or beneficiary, or other party in relation to or on behalf of a participant or beneficiary, the three-year period of limitation shall not be deemed to commence or to have commenced until the system discovers the erroneous payment. (Amended by Stats. 1998, Ch. 1048, Sec. 44. Effective January 1, 1999.)
  123. 26703.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 8. Rights to Benefits [26700 - 26704] ( Chapter 8 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    A participant generally needs the spouse’s signature for beneficiary and benefit-related forms, unless the participant makes a written declaration under penalty of perjury that a listed 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 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 8. Rights to Benefits [26700 - 26704] ( Chapter 8 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26703. The signature of the spouse of a participant shall be required on a designation of beneficiary form, an election, change, or termination of an annuity, or an application for a retirement benefit, disability benefit, or termination benefit under this part, unless the participant declares in writing, under penalty of perjury, that one of the following conditions exists: (a) The participant is not married. (b) The participant does not know, and has taken all reasonable steps to determine, the whereabouts of the spouse. (c) The spouse is incapable of executing the acknowledgment because of an incapacitating mental or physical condition. (d) The participant and spouse have executed a marriage settlement agreement pursuant to Part 5 (commencing with Section 1500) of Division 4 of the Family Code that makes the community property law inapplicable to the marriage. (e) The current spouse has no identifiable community property interest in the benefit. (Amended by Stats. 2014, Ch. 755, Sec. 75. (SB 1220) Effective January 1, 2015.)
  124. 26704.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 8. Rights to Benefits [26700 - 26704] ( Chapter 8 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    If a spouse refuses to sign certain retirement-related documents, the participant may go to court to enforce or waive the spousal signature requirement. Either party may also bring an action under Family Code Section 1101 to determine 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 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 8. Rights to Benefits [26700 - 26704] ( Chapter 8 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26704. If a spouse refuses to sign a beneficiary designation, an election, change, or termination of an annuity, or an application for a retirement benefit, disability benefit, or termination benefit payable under this part, the participant may bring an action in court to enforce the spousal signature requirement or to waive the spousal signature requirement. Either party may bring an action pursuant to Section 1101 of the Family Code to determine the rights of the party. (Amended by Stats. 2014, Ch. 755, Sec. 76. (SB 1220) Effective January 1, 2015.)
  125. 26800.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 9. Retirement Benefit [26800 - 26813] ( Chapter 9 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    The normal retirement age for the Cash Balance Benefit Program is 60, or 62 for participants subject to the California Public Employees’ Pension Reform Act of 2013.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 9. Retirement Benefit [26800 - 26813] ( Chapter 9 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26800. The normal retirement age for the Cash Balance Benefit Program is 60 years of age, or 62 years of age for a participant subject to the California Public Employees’ Pension Reform Act of 2013. (Amended by Stats. 2013, Ch. 559, Sec. 40. (AB 1381) Effective January 1, 2014. Deemed operative January 1, 2013, by Sec. 1 of Ch. 559.)
  126. 26801.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 9. Retirement Benefit [26800 - 26813] ( Chapter 9 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    A participant’s retirement date cannot be earlier than age 55 or the first day of the month when the application is received at the system headquarters, whichever is later, unless Section 26802 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 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 9. Retirement Benefit [26800 - 26813] ( Chapter 9 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26801. Except as provided under Section 26802, a participant’s retirement date shall not be earlier than either the date on which the participant attains 55 years of age or the first day of the month in which an application is received at the system’s headquarters office, whichever is later. (Amended by Stats. 2020, Ch. 275, Sec. 18. (AB 2101) Effective January 1, 2021.)
  127. 26802.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 9. Retirement Benefit [26800 - 26813] ( Chapter 9 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    Retirement benefit distributions must start no later than the required beginning date in Section 26004(c).

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 9. Retirement Benefit [26800 - 26813] ( Chapter 9 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26802. Distribution of the retirement benefit under this part shall commence no later than the required beginning date specified in subdivision (c) of Section 26004. (Amended by Stats. 1998, Ch. 965, Sec. 273. Effective January 1, 1999.)
  128. 26803.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 9. Retirement Benefit [26800 - 26813] ( Chapter 9 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    Employers must certify that a participant’s employment has ended, unless that employment ended 12 months or more before the participant’s retirement date.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 9. Retirement Benefit [26800 - 26813] ( Chapter 9 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26803. (a) All creditable service subject to coverage by the Cash Balance Benefit Program and the Defined Benefit Program, which does not include retired member activities as defined in Section 22164.5 or retired participant activities as defined in Section 26135.7, shall be terminated prior to the retirement date. (b) All employers with which the participant is employed to perform creditable service subject to coverage by the plan shall certify in a format prescribed by the system that the participant’s employment has been terminated unless the employment was terminated 12 months or more prior to the participant’s retirement date. (Amended by Stats. 2022, Ch. 231, Sec. 3. (AB 1824) Effective January 1, 2023.)
  129. 26804.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 9. Retirement Benefit [26800 - 26813] ( Chapter 9 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    Retirement benefit applications must use a form prescribed by the system, and a participant may change or cancel the application only if the listed timing and repayment conditions are met.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 9. Retirement Benefit [26800 - 26813] ( Chapter 9 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26804. Application for a retirement benefit under this part shall be made on a form prescribed by the system. A participant who files an application for a retirement benefit may change or cancel the retirement application if all of the following are met: (a) The form provided by the system is received in the system’s headquarters office no later than 30 days from the date of the participant’s initial benefit payment. (b) The participant returns the total gross distribution amount of all payments for any canceled retirement benefit, including a lump-sum payment being changed to an annuity, to the system’s headquarters office no later than 45 days from the date of the participant’s initial benefit payment. The participant shall be liable for any adverse tax consequences that may result from these actions. (Amended by Stats. 2021, Ch. 186, Sec. 5. (SB 634) Effective January 1, 2022.)
  130. 26805.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 9. Retirement Benefit [26800 - 26813] ( Chapter 9 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    The retirement benefit is paid when a member retires, and its amount equals the employee account plus the employer account as of the retirement date.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 9. Retirement Benefit [26800 - 26813] ( Chapter 9 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26805. The retirement benefit under this part is a benefit payable in the event of retirement that is an amount equal to the sum of the employee account and the employer account as of the retirement date. (Amended by Stats. 1998, Ch. 965, Sec. 276. Effective January 1, 1999.)
  131. 26806.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 9. Retirement Benefit [26800 - 26813] ( Chapter 9 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    The normal retirement benefit is paid as a lump-sum, but payment cannot be made until 180 calendar days after termination of employment, and the application is automatically canceled if the participant does creditable service during that 180-day period, subject to stated exceptions.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 9. Retirement Benefit [26800 - 26813] ( Chapter 9 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26806. (a) The normal form of retirement benefit under this part is a lump-sum payment. Upon distribution of the lump-sum payment to the participant, no further benefits shall be payable from the plan with respect to the Cash Balance Benefit Program. (b) The lump-sum payment in subdivision (a) shall not be payable before 180 calendar days have elapsed following the date of termination of employment. (c) Except as provided in subdivision (d) or subdivision (e) of Section 26812, the application for the retirement benefit in the form of a lump-sum payment shall be automatically canceled if the participant performs creditable service within 180 calendar days following the date of termination of employment. (d) Subdivision (c) does not apply if the participant has reached that age at which the Internal Revenue Code of 1986 requires a distribution of benefits. A participant who has reached this age shall receive a distribution commencing on the earlier of the date that the participant has met the conditions of subdivision (b) or the conditions of subdivision (c) of Section 26004. (Amended by Stats. 2015, Ch. 123, Sec. 35. (AB 991) Effective January 1, 2016.)
  132. 26807.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 9. Retirement Benefit [26800 - 26813] ( Chapter 9 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    A participant may choose an annuity only if the employee and employer accounts total at least $3,500, and if an annuity is chosen, the participant must select 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 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 9. Retirement Benefit [26800 - 26813] ( Chapter 9 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26807. (a) Upon application for a retirement benefit under this part, the participant may elect to receive the retirement benefit in the form of an annuity, provided the sum of the employee account and employer account equals or exceeds three thousand five hundred dollars ($3,500). (b) If the participant elects to receive the retirement benefit as an annuity, the participant 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 participant if the participant elected to receive the retirement benefit in a lump-sum payment. This benefit shall be payable for the life of the participant. Upon the death of the participant, no other benefit shall be payable to any beneficiary under this part. (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 participant if the participant elected to receive the retirement benefit in a lump-sum payment. This benefit shall be payable for the life of the participant and any balance remaining upon the death of the participant shall be payable in a lump sum to the participant’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 amount that would be payable to the participant if the participant elected to receive the retirement benefit in a lump-sum payment, modified to be payable over the combined lives of the participant and the participant’s annuity beneficiary. Upon the death of the participant, the monthly amount that was payable to the participant shall be paid monthly to the participant’s annuity beneficiary. However, if the annuity beneficiary predeceases the participant, the annuity payable to the participant shall be the single life annuity with a cash refund feature that would have been payable had the participant 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 participant, the participant may designate a new annuity beneficiary. The effective date of the new designation shall be six months following the date notification, on a properly executed form, is received by the board, provided both the participant and the new designated annuity beneficiary are then living. The designation of 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) A 50-percent joint and survivor annuity with a “pop-up” feature. This form of payment is the actuarial equivalent of the amount that would be payable to the participant if the participant elected to receive the retirement benefit in a lump-sum payment, modified to be payable over the combined lives of the participant and the participant’s annuity beneficiary. Upon the death of the participant, one-half of the monthly amount that was payable to the participant shall be paid monthly to the participant’s annuity beneficiary. However, if the annuity beneficiary predeceases the participant, the annuity payable to the participant shall be the single life annuity with a cash refund feature that would have been payable had the participant 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 participant, the participant may designate a new annuity beneficiary. The effective date of the new designation shall be six months following the date notification, on a properly executed form, is received by the board, provided both the participant and the new designated annuity beneficiary are then living. The designation of 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 sum of the balance of the employee account and the employer 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 participant, 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 participant’s death occurs prior to the end of the period certain, the remaining balance of payments shall be paid to the participant’s beneficiary pursuant to Section 27007. (c) Except as described in subdivision (e) of Section 26807.5, on or after January 1, 2007, a participant may not make a new election of an annuity described in subdivision (b). (d) Any participant with a retirement effective on or after January 1, 2007, shall elect an annuity from the annuities described in Section 26807.5. (Amended by Stats. 2017, Ch. 298, Sec. 23. (AB 1325) Effective January 1, 2018.)
  133. 26807.5.

    ## 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 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 9. Retirement Benefit [26800 - 26813] ( Chapter 9 added by Stats. 1995, Ch. 592, Sec. 16. )

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    This section lets a participant choose monthly annuity payment forms for a retirement benefit if the account balance is at least $3,500, and it sets rules for beneficiary choices and later changes.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 9. Retirement Benefit [26800 - 26813] ( Chapter 9 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26807.5. (a) Upon application for a retirement benefit under this part, the participant may elect to receive the retirement benefit as an annuity payable in monthly installments, provided the sum of the employee account and employer account equals or exceeds three thousand five hundred dollars ($3,500). If the participant elects to receive the retirement benefit as an annuity, the participant shall elect one of the following forms of payment: (1) Participant 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 participant if the participant elected to receive the retirement benefit in a lump-sum payment. Upon the death of the participant, an amount equal to the remaining balance of the participant’s contributions and interest shall be paid in a lump-sum to the participant’s beneficiary. (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 participant and the participant’s annuity beneficiary. Upon the death of the participant, 100 percent of the monthly amount that was payable to the participant shall be paid monthly to the participant’s surviving annuity beneficiary. (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 participant and the participant’s annuity beneficiary. Pursuant to Section 401(a)(9) of the Internal Revenue Code, unless the annuity beneficiary is the participant’s spouse or former spouse who has been awarded a community property interest in the participant’s benefits under this part, the participant may not designate an annuity beneficiary under this annuity who is more than exactly 19 years younger than the participant. Upon the death of the participant, 75 percent of the monthly amount that was payable to the participant shall be paid monthly to the participant’s surviving annuity beneficiary. (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 participant and the participant’s annuity beneficiary. Upon the death of the participant, 50 percent of the monthly amount that was payable to the participant shall be paid monthly to the participant’s surviving annuity beneficiary. (5) A period certain annuity. This form of payment is an annuity that is equal to the actuarial equivalent of the balance of credits in the participant’s Cash Balance Benefit 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 participant, 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 participant’s death occurs prior to the end of the period certain, the remaining balance of payments shall be paid to the participant’s beneficiary pursuant to Section 27007. (b) If an annuity beneficiary designated pursuant to paragraph (2), (3), or (4) of subdivision (a) predeceases the participant, the annuity shall be paid to the participant as the participant only annuity described in paragraph (1) of subdivision (a) that would have been payable had the participant elected that form of payment at the commencement of the benefit. That participant 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 participant, the participant may designate a new annuity beneficiary. The effective date of the new designation shall be six months following the date notification is received by the board, provided both the participant and the new designated 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 designation of the new annuity beneficiary under this paragraph is subject to an actuarial modification of the participant only annuity and may not result in any additional liability to the fund. (c) If a nonparticipant spouse elects to receive the retirement benefit as an annuity, the nonparticipant spouse shall elect the form of payment specified in paragraph (1) or (5) of subdivision (a) and, in those paragraphs, references to a “participant” shall apply to the nonparticipant spouse. (d) Notwithstanding Section 297 or 299.2 of the Family Code, a spouse as described in paragraph (3) of subdivision (a) does not include the domestic partner of the participant, 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 15 (commencing with Section 27400) of this part on or before December 31, 2006, the participant may elect the annuity that is required by the judgment or court order. Nothing in this part shall permit the participant to change the annuity to the detriment of the community property interest of the nonparticipant spouse. (Amended by Stats. 2017, Ch. 298, Sec. 24. (AB 1325) Effective January 1, 2018.)
  134. 26807.6.

    ## 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 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 9. Retirement Benefit [26800 - 26813] ( Chapter 9 added by Stats. 1995, Ch. 592, Sec. 16. )

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    This section lets certain retired participants change annuity elections, but only if specific conditions are met.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 9. Retirement Benefit [26800 - 26813] ( Chapter 9 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26807.6. (a) A participant who retired and elected an annuity pursuant to Section 26807 may elect to change annuities, subject to all of the following: (1) A participant who elected a single life annuity with or without a cash refund feature or a period certain annuity may not change his or her annuity. (2) A participant who elected an annuity under paragraph (3) or (4) of subdivision (b) of Section 26807 may elect an annuity under paragraph (3) of subdivision (a) of Section 26807.5. (3) The election of the participant under this section is made on or after January 1, 2007, and prior to July 1, 2007. (4) The participant designates the same annuity beneficiary that was designated under the prior annuity elected by the participant, if the annuity and annuity designation were effective on December 31, 2006. (5) The annuity beneficiary is not afflicted with a known terminal illness and the participant declares, under penalty of perjury under the laws of this state, that to the best of his or her knowledge, the annuity beneficiary is not afflicted with a known terminal illness. (6) The annuity beneficiary has not predeceased the participant as of the effective date of the change in the annuity by the participant. (b) The change in the annuity by the participant 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 participant’s election document, the system shall mail an acknowledgment notice to the participant that sets forth the new annuity elected by the participant. (d) If the participant and the annuity beneficiary are alive and not afflicted with a known terminal illness, a participant may cancel the election to change annuities and elect to receive the benefit according to the preexisting annuity election. After cancellation, the participant 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 participant elects to make the one-time change provided by this subdivision, the change shall be effective as of the participant’s signature date on the initial election to change. (e) If the system is unable to mail an acknowledgment notice to the participant on or before June 1, 2007, or prior to the end of the election period, provided that the participant and the annuity beneficiary are alive and not afflicted with a known terminal illness, the system shall allow a participant to cancel the election to change annuities and elect to receive the benefit according to the preexisting annuity election. After cancellation, the participant 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 participant elects to make the one-time change provided by this subdivision, the change shall be effective as of the participant’s signature date on the initial election to change. (f) If the participant elects to change his or her annuity as described in subdivision (a) or (d), the participant’s annuity shall be modified in a manner determined by the board to prevent any additional liability to the plan. (g) References to a “participant” in paragraph (1) of subdivision (a) shall apply to the nonmember spouse. (h) The participant 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. 2015, Ch. 123, Sec. 36. (AB 991) Effective January 1, 2016.)
  135. 26807.7.

    ## 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 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 9. Retirement Benefit [26800 - 26813] ( Chapter 9 added by Stats. 1995, Ch. 592, Sec. 16. )

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    Some retired participants with a designated same-sex spouse or former spouse beneficiary may change their annuity if they meet the listed conditions, and the system must send an acknowledgment 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 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 9. Retirement Benefit [26800 - 26813] ( Chapter 9 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26807.7. (a) A participant who retired and elected a beneficiary annuity pursuant to Section 26807.5 and designated his or her same-sex spouse or same-sex former spouse as annuity beneficiary may elect to change his or her annuity subject to all of the following: (1) A participant 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 26807.5, provided the participant’s same-sex spouse or same-sex former spouse is more than exactly 19 years younger than the participant. (2) The annuity change made by the participant pursuant to this section is made on or after July 1, 2015, and on or before December 31, 2015. (3) The participant 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. (4) The same-sex spouse or same-sex former spouse is the current annuity beneficiary and remains the annuity beneficiary following the annuity change made pursuant to this section. (5) The annuity beneficiary has not predeceased the participant as of the effective date of the annuity change made by the participant pursuant to this section. (b) The annuity change made by a participant 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 participant 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 participant and the participant’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 participant’s signature and within 30 calendar days after the date of the spouse’s signature, if applicable. (d) After receipt of a participant’s election, the system shall mail an acknowledgment notice to the participant that sets forth the new annuity elected by the participant. (e) A participant 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 (4) and (5) of subdivision (a) are still met. The cancellation shall become effective as of the date of the initial option change pursuant to subdivision (b) subject to the following requirements: (1) The cancellation is made on a properly executed form provided by the system. (2) The form includes the signatures of the participant 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) If a participant elects to change his or her annuity pursuant to subdivision (a), the participant’s annuity shall be modified in a manner determined by the board to prevent any additional liability to the plan. (g) A participant 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. 78. (SB 1220) Effective January 1, 2015.)
  136. 26808.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 9. Retirement Benefit [26800 - 26813] ( Chapter 9 added by Stats. 1995, Ch. 592, Sec. 16. )

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    The annuity under this chapter must be calculated as actuarially equivalent to the employee and employer account balances at retirement, using the participant’s age and, if applicable, the beneficiary’s age.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 9. Retirement Benefit [26800 - 26813] ( Chapter 9 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26808. (a) The annuity elected under this chapter shall be determined as a value actuarially equivalent to the sum of the employee account and the employer account as of the retirement date. The annuity shall be calculated using the age of the participant and, if the participant elected a joint and survivor option, the age of the beneficiary on the retirement date. (b) In the case of a participant who previously received an annuity that was terminated pursuant to Section 26810, the portion of the annuity derived from the amounts credited to the employee account and employer account as of the date the participant terminates the annuity shall be calculated using the actuarial assumptions in effect on the previous retirement date using the age of the participant and, if the participant elected a joint and survivor option, the age of the beneficiary on the current retirement date. (Amended by Stats. 2020, Ch. 275, Sec. 21. (AB 2101) Effective January 1, 2021.)
  137. 26809.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 9. Retirement Benefit [26800 - 26813] ( Chapter 9 added by Stats. 1995, Ch. 592, Sec. 16. )

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    When a participant elects an annuity under this part, the credits in the participant’s employee and employer accounts must be 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 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 9. Retirement Benefit [26800 - 26813] ( Chapter 9 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26809. Upon election of an annuity under this part, the credits in the participant’s employee account and employer account shall be transferred to the Annuitant Reserve. (Amended by Stats. 1998, Ch. 965, Sec. 279. Effective January 1, 1999.)
  138. 26810.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 9. Retirement Benefit [26800 - 26813] ( Chapter 9 added by Stats. 1995, Ch. 592, Sec. 16. )

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    A participant receiving an annuity while working in covered creditable service may stop the annuity by written request and later contribute based on salary, if the form and timing rules are met.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 9. Retirement Benefit [26800 - 26813] ( Chapter 9 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26810. (a) A participant who is employed to perform creditable service subject to coverage by the Cash Balance Benefit Program while receiving an annuity under the program may terminate the annuity upon written request to the system, effective upon a date designated by the participant, and make contributions to the program based on salary paid by the employer for the employment, subject to the following conditions: (1) The request for termination of the annuity is filed on a form prescribed by the system, and the form is executed no earlier than six months before the effective date of the termination. (2) The effective date of the termination of the annuity shall be no earlier than the first day of the month in which the request for termination is received in the system’s headquarters office. (b) A participant who files a request for termination of the annuity may cancel or change the termination upon written request to the system. The request for cancellation or change must be on a form provided by the system and shall be received in the system’s headquarters office no later than the last day of the month in which the request for termination to be canceled or changed is effective. (c) Upon termination of the annuity, the employee and employer account of the participant shall be credited with respective balances that reflect the actuarial equivalent of the participant’s retirement benefit as of the date the participant terminates the annuity and the Annuitant Reserve shall be reduced by the amount of the credits. (d) Upon election of a subsequent annuity, the credits in the participant’s employee account and employer account shall be transferred to the Annuitant Reserve. (Amended by Stats. 2020, Ch. 275, Sec. 22. (AB 2101) Effective January 1, 2021.)
  139. 26811.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 9. Retirement Benefit [26800 - 26813] ( Chapter 9 added by Stats. 1995, Ch. 592, Sec. 16. )

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    A participant may change the annuity beneficiary to a trust without penalty if the trust and beneficiary meet specified conditions, and if a trust later becomes invalid or ends, payment shifts to the trust beneficiary if eligible.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 9. Retirement Benefit [26800 - 26813] ( Chapter 9 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26811. (a) Except as provided in subdivision (b), the annuity beneficiary under the joint and survivor annuity elected pursuant to paragraph (3) or (4) of subdivision (b) of Section 26807 or paragraph (2), (3), or (4) of subdivision (a) of Section 26807.5 shall be the person designated by the participant on the application for a retirement benefit under this part, and shall not be changed after the original retirement date unless the beneficiary has predeceased the participant. (b) (1) A participant may change the annuity beneficiary designated pursuant to this section without penalty by designating a trust as beneficiary if all of the following requirements are met: (A) The trust conforms to the definition of trust in Section 26105.5. (B) The beneficiary of the trust is the same person as the previously named annuity beneficiary. (C) The member files an application and any required documents in a form prescribed by the system. (2) If a trust is determined to be invalid or terminates after the system commences payment to the trust, beginning on the effective date of termination of the trust, the benefit shall be paid to, and all associated rights and responsibilities shall accrue to, the beneficiary of the trust so long as that beneficiary is eligible to receive a benefit pursuant to this section. (Amended by Stats. 2016, Ch. 559, Sec. 15. (AB 1875) Effective January 1, 2017.)
  140. 26813.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 9. Retirement Benefit [26800 - 26813] ( Chapter 9 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    A retired member may do retired participant activities within the school-year limit in other sections, but may not contribute to the fund. The employer must keep accurate earnings records and report them monthly to the system and the retired member.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 9. Retirement Benefit [26800 - 26813] ( Chapter 9 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26813. A member retired for service under the Defined Benefit Program may perform retired participant activities in any one school year up to the limitation specified in Sections 24214 and 24214.5, but the member shall not make contributions to the fund. The employer shall maintain accurate records of the earnings of the retired member and report those earnings monthly to the system and retired member as described in Section 22461. (Amended by Stats. 2013, Ch. 559, Sec. 43. (AB 1381) Effective January 1, 2014. Deemed operative January 1, 2013, by Sec. 1 of Ch. 559.)
  141. 26900.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 10. Disability Benefit [26900 - 26911] ( Chapter 10 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    A participant may apply for a disability benefit under this part at any 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 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 10. Disability Benefit [26900 - 26911] ( Chapter 10 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26900. A participant may apply to receive a disability benefit under this part at any time. (Amended by Stats. 1998, Ch. 965, Sec. 282. Effective January 1, 1999.)
  142. 26901.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 10. Disability Benefit [26900 - 26911] ( Chapter 10 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    A disability benefit application under this part must be filed by the participant, or by the participant’s guardian or conservator, using a form prescribed by the system.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 10. Disability Benefit [26900 - 26911] ( Chapter 10 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26901. Application for a disability benefit under this part shall be made by the participant, or the guardian or conservator of the participant, on a form prescribed by the system. (Amended by Stats. 1998, Ch. 965, Sec. 283. Effective January 1, 1999.)
  143. 26902.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 10. Disability Benefit [26900 - 26911] ( Chapter 10 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    A disability benefit is payable only if the board determines the participant has a total and permanent disability.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 10. Disability Benefit [26900 - 26911] ( Chapter 10 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26902. (a) A disability benefit under this part shall become payable only upon determination by the board that the participant has a total and permanent disability. The board shall require current relevant medical reports by licensed practitioners, including the report of the treating physician, and may make any inquiries necessary to the determination of total and permanent disability. Failure of the participant, or the participant’s guardian or conservator, to provide any documents, complete any forms, or respond to any questions from the board within 45 days of the request may be cause for rejection of the application. (b) Upon determination by the board that the participant does not have a total and permanent disability, the application for disability benefit, and any designation of beneficiary for the benefit, shall be automatically canceled. (Amended by Stats. 1998, Ch. 965, Sec. 284. Effective January 1, 1999.)
  144. 26903.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 10. Disability Benefit [26900 - 26911] ( Chapter 10 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    Creditable service covered by the Cash Balance Benefit Program and Defined Benefit Program must be terminated before the disability date.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 10. Disability Benefit [26900 - 26911] ( Chapter 10 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26903. All creditable service subject to coverage by the Cash Balance Benefit Program and Defined Benefit Program shall be terminated prior to the disability date. (Amended by Stats. 1998, Ch. 965, Sec. 285. Effective January 1, 1999.)
  145. 26904.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 10. Disability Benefit [26900 - 26911] ( Chapter 10 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    This section defines the disability benefit as a total and permanent disability benefit equal to the employee account plus the employer account on the disability date.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 10. Disability Benefit [26900 - 26911] ( Chapter 10 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26904. The disability benefit is a benefit for total and permanent disability that is an amount equal to the sum of the employee account and the employer account as of the disability date. (Added by Stats. 1995, Ch. 592, Sec. 16. Effective January 1, 1996.)
  146. 26905.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 10. Disability Benefit [26900 - 26911] ( Chapter 10 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    A disability benefit under this part is normally paid as a lump sum. After the lump-sum payment is distributed to the participant, no further benefits are payable from the Cash Balance Benefit Program.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 10. Disability Benefit [26900 - 26911] ( Chapter 10 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26905. The normal form of disability benefit under this part is a lump-sum payment. Upon distribution of the lump-sum payment to the participant, no further benefits shall be payable from the Cash Balance Benefit Program. (Amended by Stats. 1998, Ch. 965, Sec. 286. Effective January 1, 1999.)
  147. 26906.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 10. Disability Benefit [26900 - 26911] ( Chapter 10 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    A participant applying for a disability benefit may choose an annuity only if the employee and employer accounts total at least $3,500, and if an annuity is chosen the participant must select 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 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 10. Disability Benefit [26900 - 26911] ( Chapter 10 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26906. (a) Upon application for a disability benefit under this part, the participant may elect to receive the disability benefit in the form of an annuity provided the sum of the employee account and employer account equals or exceeds three thousand five hundred dollars ($3,500). (b) If the participant elects to receive the disability benefit as an annuity, the participant 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 participant if the participant elected to receive the disability benefit in a lump-sum payment. This benefit shall be payable for the life of the participant. Upon the death of the participant, no other benefit shall be payable to any beneficiary under this part. (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 participant if the participant elected to receive the disability benefit in a lump-sum payment. This benefit shall be payable for the life of the participant and any balance remaining upon the death of the participant shall be payable in a lump sum to the participant’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 amount that would be payable to the participant if the participant elected to receive the disability benefit in a lump-sum payment, modified to be payable over the combined lives of the participant and the participant’s annuity beneficiary. Upon the death of the participant, the monthly amount that was payable to the participant shall be paid monthly to the participant’s annuity beneficiary. However, if the annuity beneficiary predeceases the participant, the annuity payable to the participant shall be the single life annuity with a cash refund feature that would have been payable had the participant 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 participant, the participant may designate a new annuity beneficiary. The effective date of the new designation shall be six months following the date notification, on a properly executed form, is received by the board, provided both the participant and the new designated annuity beneficiary are then living. The designation of 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) A 50-percent joint and survivor annuity with a “pop-up” feature. This form of payment is the actuarial equivalent of the amount that would be payable to the participant if the participant elected to receive the disability benefit in a lump-sum payment, modified to be payable over the combined lives of the participant and the participant’s annuity beneficiary. Upon the death of the participant, one-half of the monthly amount that was payable to the participant shall be paid monthly to the participant’s annuity beneficiary. However, if the annuity beneficiary predeceases the participant, the annuity payable to the participant shall be the single life annuity with a cash refund feature that would have been payable had the participant 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 participant, the participant may designate a new annuity beneficiary. The effective date of the new designation shall be six months following the date notification, on a properly executed form, is received by the board, provided both the participant and the new designated annuity beneficiary are then living. The designation of 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 sum of balance of the employee account and the employer 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 participant, 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 participant’s death occurs prior to the end of the period certain, the remaining balance of payments shall be paid to the participant’s beneficiary pursuant to Section 27007. (c) Except as described in subdivision (c) of Section 26906.5, on or after January 1, 2007, a participant may not make a new election of an annuity described in subdivision (b). (Amended by Stats. 2017, Ch. 298, Sec. 25. (AB 1325) Effective January 1, 2018.)
  148. 26906.5.

    ## 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 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 10. Disability Benefit [26900 - 26911] ( Chapter 10 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    A participant applying for a disability benefit may choose an annuity if the account total is at least $3,500, but must pick one of the listed payment forms and follow the 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 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 10. Disability Benefit [26900 - 26911] ( Chapter 10 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26906.5. (a) Upon application for a disability benefit under this part, the participant may elect to receive the disabled benefit in the form of an annuity provided the sum of the employee account and employer account equals or exceeds three thousand five hundred dollars ($3,500). If the participant elects to receive the disability benefit as an annuity, the participant shall elect one of the following forms of payment: (1) Participant 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 participant if the participant elected to receive the disability benefit in a lump-sum payment. Upon the death of the participant, an amount equal to the remaining balance of the participant’s contributions and interest shall be paid in a lump sum to the participant’s beneficiary. (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 participant and the participant’s annuity beneficiary. Upon the death of the participant, 100 percent of the monthly amount that was payable to the participant shall be paid monthly to the participant’s surviving annuity beneficiary. (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 participant and the participant’s annuity beneficiary. Pursuant to Section 401(a)(9) of the Internal Revenue Code, unless the annuity beneficiary is the participant’s spouse or former spouse who has been awarded a community property interest in the participant’s benefits under this part, the participant may not designate an annuity beneficiary under this annuity who is more than exactly 19 years younger than the participant. Upon the death of the participant, 75 percent of the monthly amount that was payable to the participant shall be paid monthly to the participant’s surviving annuity beneficiary. (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 participant and the participant’s annuity beneficiary. Upon the death of the participant, 50 percent of the monthly amount that was payable to the participant shall be paid monthly to the participant’s surviving annuity beneficiary. (5) A period certain annuity. This form of payment is an annuity that is equal to the actuarial equivalent of the balance of credits in the participant’s Cash Balance Benefit 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 participant, 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 participant’s death occurs prior to the end of the period certain, the remaining balance of payments shall be paid to the participant’s beneficiary pursuant to Section 27007. (b) If an annuity beneficiary designated pursuant to paragraph (2), (3), or (4) of subdivision (a) predeceases the participant, the annuity shall be paid to the participant as the participant only annuity described in paragraph (1) of subdivision (a) that would have been payable had the participant elected that form of payment at the commencement of the benefit. That participant 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 participant, the participant may designate a new annuity beneficiary. The effective date of the new designation shall be six months following the date notification is received by the board, provided both the participant and the new designated 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 designation of the new annuity beneficiary under this paragraph is subject to an actuarial modification of the participant only annuity and may not result in any additional liability to the fund. (c) Notwithstanding Section 297 or 299.2 of the Family Code, a spouse as described in paragraph (3) of subdivision (a) does not include the domestic partner of the participant 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 15 (commencing with Section 27400) of this part on or before December 31, 2006, the participant may elect the annuity that is required by the judgment or court order. Nothing in this part shall permit the participant to change the annuity to the detriment of the community property interest of the nonparticipant spouse. (Amended by Stats. 2017, Ch. 298, Sec. 26. (AB 1325) Effective January 1, 2018.)
  149. 26906.6.

    ## 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 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 10. Disability Benefit [26900 - 26911] ( Chapter 10 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    A disabled participant who retired under Section 26906 may change annuities only if the listed conditions are met, and the system must send an acknowledgment notice after receiving 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 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 10. Disability Benefit [26900 - 26911] ( Chapter 10 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26906.6. (a) A participant who is disabled and elected an annuity pursuant to Section 26906 may elect to change annuities, subject to all of the following: (1) A participant who elected a single life annuity with or without a cash refund feature or a period certain annuity may not change his or her annuity. (2) A participant who elected an annuity under paragraph (3) or (4) of subdivision (b) of Section 26906 may elect an annuity under paragraph (3) of subdivision (a) of Section 26906.5. (3) The election by the participant under this section is made on or after January 1, 2007, and prior to July 1, 2007. (4) The participant designates the same annuity beneficiary that was designated under the prior annuity elected by the participant, if the annuity and the annuity beneficiary designation were effective on December 31, 2006. (5) The annuity beneficiary is not afflicted with a known terminal illness and the participant declares, under penalty of perjury under the laws of this state, that to the best of his or her knowledge, the annuity beneficiary is not afflicted with a known terminal illness. (6) The annuity beneficiary has not predeceased the participant as of the effective date of the change in the annuity by the participant. (b) The change in the annuity by the participant 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 participant’s election document, the system shall mail an acknowledgment notice to the participant that sets forth the new annuity elected by the participant. (d) If the participant and the annuity beneficiary are alive and not afflicted with a known terminal illness, a participant may cancel the election to change annuities and elect to receive the benefit according to the preexisting annuity election. After cancellation, the participant 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 participant elects to make the one-time change provided by this subdivision, the change shall be effective as of the participant’s signature date on the initial election to change. (e) If the system is unable to mail an acknowledgment notice to the participant on or before June 1, 2007, or prior to the end of the election period, provided that the participant and the annuity beneficiary are alive and not afflicted with a known terminal illness, the system shall allow a participant to cancel the election to change annuities and elect to receive the benefit according to the preexisting annuity election. After cancellation, the participant 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 participant elects to make the one-time change provided by this subdivision, the change shall be effective as of the participant’s signature date on the initial election to change. (f) If the participant elects to change his or her annuity as described in subdivision (a) or (d), the participant’s annuity shall be modified in a manner determined by the board to prevent any additional liability to the plan. (g) The participant 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. 2015, Ch. 123, Sec. 38. (AB 991) Effective January 1, 2016.)
  150. 26907.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 10. Disability Benefit [26900 - 26911] ( Chapter 10 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    This section says the disability annuity must be calculated as the actuarially equivalent value of the employee account plus the employer account as of the disability date.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 10. Disability Benefit [26900 - 26911] ( Chapter 10 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26907. The annuity under this chapter shall be determined as a value actuarially equivalent to the sum of the employee account and the employer account as of the disability date. The annuity shall be calculated using the age of the participant and, if the participant elected a joint and survivor option, the age of the beneficiary on the disability date. (Added by Stats. 1995, Ch. 592, Sec. 16. Effective January 1, 1996.)
  151. 26908.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 10. Disability Benefit [26900 - 26911] ( Chapter 10 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    When a participant elects an annuity under this part, the credits in the participant’s employee and employer accounts must be 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 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 10. Disability Benefit [26900 - 26911] ( Chapter 10 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26908. Upon election of an annuity under this part, the credits in the participant’s employee account and employer account shall be transferred to the Annuitant Reserve. (Amended by Stats. 1998, Ch. 965, Sec. 288. Effective January 1, 1999.)
  152. 26910.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 10. Disability Benefit [26900 - 26911] ( Chapter 10 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    This section says who the beneficiary is under the joint and survivor option, and limits when that beneficiary can 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 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 10. Disability Benefit [26900 - 26911] ( Chapter 10 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26910. (a) Except as provided in subdivision (b), the beneficiary under the joint and survivor option elected pursuant to paragraph (3) or (4) of subdivision (b) of Section 26906 or paragraph (2), (3), or (4) of subdivision (a) of Section 26906.5 shall be the person or trust designated by the participant on the application for a disability benefit under this part, and shall not be changed after the original disability date unless the beneficiary has predeceased the participant. (b) (1) A participant may change the annuity beneficiary designated pursuant to this section without penalty by designating a trust as beneficiary if all of the following requirements are met: (A) The trust conforms to the definition of trust in Section 26105.5. (B) The beneficiary of the trust is the same person as the previously named annuity beneficiary. (C) The member files an application and any required documents in a form prescribed by the system. (2) If a trust is determined to be invalid or terminates after the system commences payment to the trust, beginning on the effective date of termination of the trust, the benefit shall be paid to, and all associated rights and responsibilities shall accrue to, the beneficiary of the trust so long as that beneficiary is eligible to receive a benefit pursuant to this section. (Amended by Stats. 2016, Ch. 559, Sec. 16. (AB 1875) Effective January 1, 2017.)
  153. 26911.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 10. Disability Benefit [26900 - 26911] ( Chapter 10 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    If a disability annuitant is reemployed in covered creditable service, the disability annuity ends and the participant’s accounts are adjusted.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 10. Disability Benefit [26900 - 26911] ( Chapter 10 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 26911. If a participant who is receiving a disability annuity under this part becomes reemployed to perform creditable service subject to coverage by the Cash Balance Benefit Program or the Defined Benefit Program, the disability annuity shall be terminated. The participant’s employee account and employer account shall be credited with the actuarial equivalent of the participant’s annuity as of the date of reemployment and the Annuitant Reserve shall be reduced by the amount credited to those accounts. (Amended by Stats. 2013, Ch. 558, Sec. 55. (AB 1379) Effective January 1, 2014.)
  154. 270.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 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 10. Section 504 of the Rehabilitation Act of 1973 [270- 270.] ( Article 10 added by Stats. 2023, Ch. 81, Sec. 1. )

    Verify source ↗

    Parents, guardians, and local educational agencies may audio record certain Section 504 meetings, but they must give at least 24 hours’ 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 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 10. Section 504 of the Rehabilitation Act of 1973 [270- 270.] ( Article 10 added by Stats. 2023, Ch. 81, Sec. 1. ) ## 270. (a) Notwithstanding Section 632 of the Penal Code, a parent or guardian or local educational agency shall have the right to audio record the proceedings of meetings and any team meetings held pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794). The parent or guardian or local educational agency shall notify the members of the team of the parent’s, guardian’s, or local educational agency’s intent to audio record a meeting at least 24 hours before the meeting. If the local educational agency initiates the notice of intent to audio record a meeting and the parent or guardian objects or refuses to attend the meeting because it will be audio recorded, the meeting shall not be audio recorded. (b) For purposes of this section, “local educational agency” means a school district, county office of education, charter school, or any other educational entity that is subject to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794). (Added by Stats. 2023, Ch. 81, Sec. 1. (AB 87) Effective January 1, 2024.)
  155. 27000.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 11. Death Benefit [27000 - 27008] ( Chapter 11 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    The death benefit becomes payable to the beneficiary when proof of the participant’s death is received.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 11. Death Benefit [27000 - 27008] ( Chapter 11 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 27000. The death benefit shall become payable to the beneficiary upon receipt of proof of the participant’s death. (Added by Stats. 1995, Ch. 592, Sec. 16. Effective January 1, 1996.)
  156. 27001.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 11. Death Benefit [27000 - 27008] ( Chapter 11 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    A beneficiary may request the death benefit, and the system must pay it as soon as practicable after receiving proof of the participant’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 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 11. Death Benefit [27000 - 27008] ( Chapter 11 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 27001. Notwithstanding Chapter 3 (commencing with Section 13100) of Part 1 of Division 8 of the Probate Code or any other provision of law to the contrary, the death benefit payable under the Cash Balance Benefit Program may be requested by the beneficiary and paid by the system as soon as practicable after the system receives proof of the participant’s death. (Amended by Stats. 2017, Ch. 298, Sec. 27. (AB 1325) Effective January 1, 2018.)
  157. 27002.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 11. Death Benefit [27000 - 27008] ( Chapter 11 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    If a participant dies before an annuity starts, the death benefit equals the total of the participant’s employee account and employer 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 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 11. Death Benefit [27000 - 27008] ( Chapter 11 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 27002. If the participant died prior to commencement of an annuity, the death benefit shall be an amount that is equal to the sum of the participant’s employee account and employer account. (Added by Stats. 1995, Ch. 592, Sec. 16. Effective January 1, 1996.)
  158. 27003.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 11. Death Benefit [27000 - 27008] ( Chapter 11 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    The normal death benefit under this part is paid as a lump sum, and once it is distributed to the beneficiary, no further benefits are payable under the Cash Balance Benefit Program.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 11. Death Benefit [27000 - 27008] ( Chapter 11 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 27003. The normal form of death benefit under this part is a lump-sum payment. Upon distribution of the lump-sum payment to the beneficiary, no further benefits shall be payable from the plan with respect to the Cash Balance Benefit Program. (Amended by Stats. 1998, Ch. 965, Sec. 291. Effective January 1, 1999.)
  159. 27004.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 11. Death Benefit [27000 - 27008] ( Chapter 11 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    A beneficiary may choose to receive the final benefit as a monthly annuity if the account total is at least $3,500, and must choose a period-certain annuity if electing one under this section.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 11. Death Benefit [27000 - 27008] ( Chapter 11 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 27004. (a) A beneficiary, other than an entity except a trust as defined in Section 26106.5, may elect to receive the final benefit payable under the Cash Balance Benefit Program as an annuity payable in monthly installments provided that the sum of the employee account and the employer account that is payable to the beneficiary equals at least three thousand five hundred dollars ($3,500). (b) A beneficiary who elects to receive an annuity pursuant to this section shall elect a period certain annuity. This form of payment is an annuity equal to the actuarial equivalent of the sum of the balance of the employee account and the employer account on the date of the participant’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. However, the annuity period shall not exceed the life expectancy of the beneficiary of the trust that is beneficiary with respect to the trust’s interest in the plan. (c) The beneficiary may designate a payee to receive the remaining balance of payments if the beneficiary dies prior to the end of the period certain. 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 terminated, any election by the trustee pursuant to this subdivision shall be void and the beneficiary shall be entitled to exercise all rights provided to annuity beneficiaries under this part. (Amended by Stats. 2016, Ch. 559, Sec. 17. (AB 1875) Effective January 1, 2017.)
  160. 27005.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 11. Death Benefit [27000 - 27008] ( Chapter 11 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    The elected annuity must be valued as the actuarial equivalent of the participant’s employee and employer accounts when the death benefit becomes payable.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 11. Death Benefit [27000 - 27008] ( Chapter 11 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 27005. The annuity elected under this chapter shall be determined as a value actuarially equivalent to the sum of the participant’s employee account and employer account as of the date the death benefit becomes payable. The annuity shall be calculated using the age of the beneficiary on the date the benefit becomes payable. (Added by Stats. 1995, Ch. 592, Sec. 16. Effective January 1, 1996.)
  161. 27006.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 11. Death Benefit [27000 - 27008] ( Chapter 11 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    If the beneficiary elects to receive the death benefit as an annuity, the participant’s employee-account and employer-account credits must be 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 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 11. Death Benefit [27000 - 27008] ( Chapter 11 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 27006. Upon the beneficiary’s election to receive the death benefit under this part in the form of an annuity, the credits in the participant’s employee account and employer account shall be transferred to the Annuitant Reserve. (Amended by Stats. 1998, Ch. 965, Sec. 292. Effective January 1, 1999.)
  162. 27007.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 11. Death Benefit [27000 - 27008] ( Chapter 11 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    This section says what death benefit or survivor payment is made depending on the annuity a participant chose.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 11. Death Benefit [27000 - 27008] ( Chapter 11 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 27007. (a) If the participant died while receiving an annuity under this part, the death benefit shall be payable in accordance with the terms of the annuity elected by the participant. (b) Upon the death of a participant who elected a single life annuity with a cash refund feature under this part, any balance remaining in the participant’s employee account and employer account shall be payable in a lump sum to the beneficiary. (c) Upon the death of a participant who elected a single life annuity without a cash refund feature under this part, no death benefit shall be payable. (d) Upon the death of a participant who elected a joint and survivor annuity under this part, the annuity shall continue for life to the surviving beneficiary under the joint and survivor option. If the beneficiary under the joint and survivor option has predeceased the participant, no death benefit shall be payable. (e) Upon the death of a participant who elected a period certain annuity under this part prior to the completion of annuity payments due the participant, the remaining balance of payments shall be paid to the beneficiary designated by the participant pursuant to Section 27100. (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. 28. (AB 1325) Effective January 1, 2018.)
  163. 27008.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 11. Death Benefit [27000 - 27008] ( Chapter 11 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    This section says what happens to benefit payments when a beneficiary dies: some annuity types end with no further payment, while a period certain annuity’s remaining balance is paid as a lump sum to the beneficiary’s estate unless a payee was designated.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 11. Death Benefit [27000 - 27008] ( Chapter 11 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 27008. Upon the death of a beneficiary who was receiving an annuity under this part due to the death of a participant, payment shall be made as follows: (a) Upon the death of a beneficiary under a joint and survivor option, no amount shall be payable. (b) Upon the death of a beneficiary who elected a single life annuity without a cash refund feature, no amount shall be payable. (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 estate of the beneficiary unless the beneficiary designated a payee to receive the remaining balance of payments as provided in Section 27004. (Amended by Stats. 2001, Ch. 803, Sec. 49. Effective January 1, 2002.)
  164. 27100.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 12. Beneficiary [27100 - 27102] ( Chapter 12 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    A participant may name or change primary and contingent beneficiaries for a lump-sum death benefit, and the designation must be on a system-prescribed form received before the participant dies.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 12. Beneficiary [27100 - 27102] ( Chapter 12 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 27100. A participant may at any time designate or change the designation of one or more primary beneficiaries and one or more contingent beneficiaries to receive any lump-sum death benefit that may be payable under the plan. The beneficiary shall be designated on a form prescribed by the system that is received by the system before the participant’s death. (Amended by Stats. 2022, Ch. 231, Sec. 4. (AB 1824) Effective January 1, 2023.)
  165. 27100.5.

    ## 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 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 12. Beneficiary [27100 - 27102] ( Chapter 12 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    Certain entities may be designated as beneficiaries, but they cannot be designated as annuity beneficiaries unless the beneficiary is a trust defined in Section 26106.5.

    ## 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 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 12. Beneficiary [27100 - 27102] ( Chapter 12 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 27100.5. A corporation, trust, charitable organization, parochial institution, or public entity may be designated as a beneficiary under this part, but shall not be designated as an annuity beneficiary, except a trust as defined in Section 26106.5. (Added by Stats. 2022, Ch. 231, Sec. 5. (AB 1824) Effective January 1, 2023.)
  166. 27101.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 12. Beneficiary [27100 - 27102] ( Chapter 12 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    If a participant dies without a valid beneficiary designation on file, the lump-sum death benefit is payable to the participant’s estate.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 12. Beneficiary [27100 - 27102] ( Chapter 12 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 27101. In the event the participant dies without a valid beneficiary designation on file with the system, any lump-sum death benefit under this part shall be payable to the estate of the participant. (Amended by Stats. 1998, Ch. 965, Sec. 296. Effective January 1, 1999.)
  167. 27102.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 12. Beneficiary [27100 - 27102] ( Chapter 12 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    The Probate Code governs distribution of any lump-sum death benefit payable 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 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 12. Beneficiary [27100 - 27102] ( Chapter 12 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 27102. Part 5 (commencing with Section 220) of Division 2 of the Probate Code, when applicable, shall govern the distribution of any lump-sum 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, participation in the plan shall be considered as having the same status as an insurance policy issued after December 31, 1984. (Added by Stats. 1995, Ch. 592, Sec. 16. Effective January 1, 1996.)
  168. 27200.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 13. Termination Benefit [27200 - 27207] ( Chapter 13 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    A participant may apply for a lump-sum termination benefit after ending all covered creditable service, unless the termination is because of death, disability, or retirement.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 13. Termination Benefit [27200 - 27207] ( Chapter 13 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 27200. Upon termination of all creditable service subject to coverage by the plan under this part and Part 13 (commencing with Section 22000) for any reason other than death, disability, or retirement, a participant may apply for a lump-sum termination benefit under this part which shall be an amount that is equal to the sum of the participant’s employee account and the employer account as of the date the termination benefit is paid. (Amended by Stats. 1998, Ch. 965, Sec. 297. Effective January 1, 1999.)
  169. 27201.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 13. Termination Benefit [27200 - 27207] ( Chapter 13 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    Creditable service must end before a termination benefit application, and employers must certify termination unless the employment ended at least 12 months before the application 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 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 13. Termination Benefit [27200 - 27207] ( Chapter 13 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 27201. (a) All creditable service subject to coverage by the Cash Balance Benefit Program and the Defined Benefit Program, which does not include retired member activities as defined in Section 22164.5 or retired participant activities as defined in Section 26135.7, shall terminate prior to application for a termination benefit under this part. (b) All employers with which the participant is employed to perform creditable service subject to coverage by the plan shall certify in a format prescribed by the system that the participant’s employment has been terminated unless the employment was terminated 12 months or more prior to the date the termination benefit application is received by the system. (Amended by Stats. 2022, Ch. 231, Sec. 6. (AB 1824) Effective January 1, 2023.)
  170. 27202.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 13. Termination Benefit [27200 - 27207] ( Chapter 13 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    A participant must apply for a termination benefit under this part using a form prescribed by the system.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 13. Termination Benefit [27200 - 27207] ( Chapter 13 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 27202. A participant shall apply for a termination benefit under this part on a form prescribed by the system. (Amended by Stats. 2019, Ch. 96, Sec. 24. (AB 644) Effective January 1, 2020.)
  171. 27203.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 13. Termination Benefit [27200 - 27207] ( Chapter 13 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    A participant may not apply for a termination benefit if less than five years have passed since the participant’s most recent termination benefit was distributed.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 13. Termination Benefit [27200 - 27207] ( Chapter 13 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 27203. A participant may not apply for 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 participant. (Amended by Stats. 1998, Ch. 965, Sec. 300. Effective January 1, 1999.)
  172. 27204.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 13. Termination Benefit [27200 - 27207] ( Chapter 13 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    A termination benefit cannot be paid until 180 calendar days after termination of employment, and the application is automatically canceled if the participant performs creditable service within that 180-day period, unless the age-based exception in subdivision (c) 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 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 13. Termination Benefit [27200 - 27207] ( Chapter 13 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 27204. (a) The termination benefit under this part shall not be payable before 180 calendar days have elapsed following the date of termination of employment. (b) Except as provided in subdivision (c), the application for the termination benefit shall be automatically canceled if the participant performs creditable service within 180 calendar days following the date of termination of employment. (c) Subdivision (b) does not apply if the participant has reached that age at which the Internal Revenue Code of 1986 requires a distribution of benefits. A participant who has reached this age shall receive a distribution commencing on the earlier of the date that the participant has met the conditions of subdivision (a) or the conditions of subdivision (c) of Section 26004. (Amended by Stats. 2020, Ch. 275, Sec. 23. (AB 2101) Effective January 1, 2021.)
  173. 27205.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 13. Termination Benefit [27200 - 27207] ( Chapter 13 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    A participant may cancel the application for a termination benefit before the benefit is distributed.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 13. Termination Benefit [27200 - 27207] ( Chapter 13 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 27205. A participant may cancel the application for a termination benefit under this part at any time prior to distribution of the benefit. (Amended by Stats. 1998, Ch. 965, Sec. 302. Effective January 1, 1999.)
  174. 27206.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 13. Termination Benefit [27200 - 27207] ( Chapter 13 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    No partial distribution may be made from an employee account or employer 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 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 13. Termination Benefit [27200 - 27207] ( Chapter 13 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 27206. No partial distribution shall be made from an employee account or employer account. (Added by Stats. 1995, Ch. 592, Sec. 16. Effective January 1, 1996.)
  175. 27207.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 13. Termination Benefit [27200 - 27207] ( Chapter 13 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    After a lump-sum payment is distributed to a participant, no further benefits may be paid from the plan 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 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 13. Termination Benefit [27200 - 27207] ( Chapter 13 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 27207. Upon distribution of the lump-sum payment to the participant under this part, no further benefits shall be payable from the plan under this part. (Amended by Stats. 1998, Ch. 965, Sec. 303. Effective January 1, 1999.)
  176. 27300.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 14. Distribution of Benefits [27300 - 27303.5] ( Chapter 14 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    The plan’s obligation to a participant or beneficiary ends when the lump-sum benefit is distributed.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 14. Distribution of Benefits [27300 - 27303.5] ( Chapter 14 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 27300. (a) The plan’s obligations under this part to a participant or beneficiary who has applied for a benefit cease upon distribution of the lump-sum benefit. (b) Deposit in the United States mail of a warrant drawn as directed by the participant or beneficiary and addressed as directed by the participant or beneficiary constitutes distribution of the benefits under this part. (c) Deposit in the United States mail of a notice that the requested electronic funds transfer has been made as directed by the participant or beneficiary constitutes distribution of the benefits under this part. (d) If the participant or beneficiary has elected to transfer all or a specified portion of the lump-sum benefit that is eligible for direct trustee-to-trustee transfer to the trustee of an eligible retirement plan within the meaning of Section 401(a)(31) of Title 26 of the United States Code, deposit in the United States mail of a notice that the requested transfer has been made constitutes distribution of the benefits under this part. (e) Distribution under subdivision (b), (c), or (d) pursuant to the board’s determination in good faith of the existence, identity, or other facts relating to entitlement of persons constitutes a complete discharge and release of the plan from liability for that payment under this part. (Amended by Stats. 1998, Ch. 965, Sec. 304. Effective January 1, 1999.)
  177. 27301.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 14. Distribution of Benefits [27300 - 27303.5] ( Chapter 14 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    The plan’s obligation to pay an annuity ends after the final monthly payment is distributed.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 14. Distribution of Benefits [27300 - 27303.5] ( Chapter 14 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 27301. (a) The plan’s obligations under this part to a participant or beneficiary who elected to receive a benefit in the form of an annuity, cease upon distribution of the final monthly payment of the annuity. (b) Deposit in the United States mail of a warrant drawn as directed by the participant or beneficiary and addressed as directed by the participant or beneficiary constitutes distribution of the benefit under this part. (c) Deposit in the United States mail of a notice that the requested electronic funds transfer has been made as directed by the participant or beneficiary constitutes distribution of the benefit under this part. (d) Distribution under subdivision (b) or (c) pursuant to the board’s determination in good faith of the existence, identity, or other facts relating to entitlement of persons constitutes a complete discharge and release of the board, system, and plan from liability for payments under this part. (Amended by Stats. 1998, Ch. 1048, Sec. 47. Effective January 1, 1999.)
  178. 27302.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 14. Distribution of Benefits [27300 - 27303.5] ( Chapter 14 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    If a benefit cannot be paid after a good-faith effort to find the participant or beneficiary, the account balances are forfeited. If a valid claim is later submitted, the accounts must be restored and credited with applicable interest and additional earnings.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 14. Distribution of Benefits [27300 - 27303.5] ( Chapter 14 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 27302. If a benefit payable under this part cannot be distributed because, after a good faith effort, the participant or beneficiary cannot be located, the balances in the participant’s employee account and employer account shall be forfeited by the participant or beneficiary, but if the participant or beneficiary thereafter submits a valid claim to the system the employee and employer accounts shall be reinstated and shall be credited with all applicable interest at the minimum interest rate and additional earnings credit amounts attributable to the period during which the forfeiture was in effect. (Amended by Stats. 1998, Ch. 965, Sec. 305. Effective January 1, 1999.)
  179. 27303.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 14. Distribution of Benefits [27300 - 27303.5] ( Chapter 14 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    If a participant or beneficiary is overpaid under this part, the overpayment must be deducted from later benefit payments, except where Section 27303.5 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 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 14. Distribution of Benefits [27300 - 27303.5] ( Chapter 14 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 27303. Any overpayment to a participant or beneficiary under this part shall be deducted from any subsequent benefit payment that may be payable under the plan, except as provided in Section 27303.5. (Amended by Stats. 2010, Ch. 207, Sec. 27. (AB 2260) Effective January 1, 2011.)
  180. 27303.5.

    ## 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 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 14. Distribution of Benefits [27300 - 27303.5] ( Chapter 14 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    If an employer reports erroneous information, the system must calculate the actuarial present value of expected payments, and the employer must pay the remaining overpayment difference.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 14. Distribution of Benefits [27300 - 27303.5] ( Chapter 14 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 27303.5. If an employer reports erroneous information, the system shall calculate the actuarial present value of the expected payments from the participant or beneficiary pursuant to Sections 22008 and 24617. The employer shall pay the difference between the total amount of the overpayment and the calculation of the actuarial present value of expected payments. (Added by Stats. 2010, Ch. 207, Sec. 28. (AB 2260) Effective January 1, 2011.)
  181. 27400.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 15. Community Property [27400 - 27413] ( Chapter 15 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    This section gives courts power over community property rights in benefits in certain dissolution or legal separation cases, and it defines nonparticipant spouses’ rights in the Cash Balance Benefit Program.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 15. Community Property [27400 - 27413] ( Chapter 15 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 27400. (a) This chapter establishes the power of a court in a dissolution of marriage or legal separation action with respect to community property rights in benefits under this part and defines the rights of nonparticipant spouses in the Cash Balance Benefit Program. (b) For purposes of this chapter, the termination, dissolution, or nullity of a registered domestic partnership, or the legal separation of partners in a registered domestic partnership, as provided in Section 299 of the Family Code, shall be treated in the same manner as a dissolution of marriage or legal separation of a member and his or her spouse. (Amended by Stats. 2005, Ch. 418, Sec. 11. Effective January 1, 2006.)
  182. 27401.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 15. Community Property [27400 - 27413] ( Chapter 15 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    This section defines “nonparticipant spouse” and says certain registered domestic partners are treated the same way for this chapter.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 15. Community Property [27400 - 27413] ( Chapter 15 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 27401. (a) For purposes of this chapter, “nonparticipant spouse” means a participant’s spouse or former spouse who is being or has been awarded a community property interest in the benefits determined by reference to the amounts credited to a participant’s employee and employer accounts or the participant’s annuity. A nonparticipant spouse who is awarded separate nominal accounts is not a participant in the Cash Balance Benefit Program. A nonparticipant spouse who receives or is awarded an interest in a participant’s annuity is not a participant in the Cash Balance Benefit Program. (b) For purposes of this chapter, a participant’s registered domestic partner or former registered domestic partner who is being or has been awarded a community property interest in the benefits determined by reference to the amounts credited to a participant’s employee and employer accounts or the participant’s annuity shall be treated in the same manner as a nonparticipant spouse. (Amended by Stats. 2005, Ch. 418, Sec. 12. Effective January 1, 2006.)
  183. 27402.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 15. Community Property [27400 - 27413] ( Chapter 15 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    When a participant’s marriage is legally separated or dissolved, the court must record the separation date, may split certain plan credits into separate nominal accounts, and must treat unawarded credits as the participant’s property.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 15. Community Property [27400 - 27413] ( Chapter 15 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 27402. (a) Upon the legal separation or dissolution of marriage of a participant, the court shall include in the judgment or a court order the date on which the parties separated. (b) The court may order in the judgment or court order that the participant’s employee and employer credits in accounts which are attributable to periods of participation in the plan during the marriage be divided into separate nominal accounts in the name of the participant and the nonparticipant spouse, respectively. Any employee or employer account credits that are not explicitly awarded by the judgment or court order shall be deemed the exclusive property of the participant. (c) The determination of the court of the community property rights pursuant to this section shall be consistent with this chapter and shall address the rights of the nonparticipant spouse, including, but not limited to, retirement benefits, disability benefits, death benefits, or termination of the benefits of the participant. (Added by Stats. 1995, Ch. 592, Sec. 16. Effective January 1, 1996.)
  184. 27403.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 15. Community Property [27400 - 27413] ( Chapter 15 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    A nonparticipant spouse awarded separate nominal accounts under Section 27402 is entitled only to the rights and benefits this chapter expressly gives.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 15. Community Property [27400 - 27413] ( Chapter 15 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 27403. The nonparticipant spouse who is awarded separate nominal accounts pursuant to Section 27402 is not a participant of the Cash Balance Benefit Program. The nonparticipant spouse is entitled only to rights and benefits explicitly established by this chapter. (Amended by Stats. 2004, Ch. 183, Sec. 61. Effective January 1, 2005.)
  185. 27404.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 15. Community Property [27400 - 27413] ( Chapter 15 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    A nonparticipant spouse generally has no benefits or rights from the separate nominal accounts, except as otherwise provided in the chapter.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 15. Community Property [27400 - 27413] ( Chapter 15 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 27404. The nonparticipant spouse is entitled to no benefits or rights from the separate nominal accounts except as otherwise provided in this chapter. However, this section shall not be construed to limit any right arising from the accounts of a nonparticipant with respect to the Cash Balance Benefit Program which exists because the nonparticipant spouse is employed to perform creditable service subject to coverage by the program. (Amended by Stats. 1998, Ch. 965, Sec. 309. Effective January 1, 1999.)
  186. 27405.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 15. Community Property [27400 - 27413] ( Chapter 15 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    The court may address community property rights in a participant’s annuity after legal separation or dissolution of marriage. In some cases, the court must direct the system to pay the nonparticipant spouse’s share by separate warrant, and the nonparticipant spouse may name a beneficiary for that share.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 15. Community Property [27400 - 27413] ( Chapter 15 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 27405. Upon the legal separation or dissolution of marriage of a participant, the court may include in the judgment or court order a determination of the community property rights of the parties in the participant’s annuity consistent with this section. Upon election under subparagraph (B) of paragraph (3) of subdivision (a) of Section 2610 of the Family Code, the court order awarding the nonparticipant spouse a community property share in the benefits of a participant receiving an annuity shall be consistent with this section. (a) If the court does not award the entire annuity to the participant and the participant is receiving an annuity under paragraph (1) or (2) of subdivision (b) of Section 26807 or paragraph (1) of subdivision (a) of Section 26807.5, the court shall require only that the system pay from the plan the nonparticipant spouse, by separate warrant, his or her community property share of the participant’s annuity, or the option beneficiary’s annuity or both. (b) The nonparticipant spouse may designate a beneficiary to receive his or her community property share of the participant’s annuity. (Amended by Stats. 2006, Ch. 655, Sec. 80. Effective January 1, 2007.)
  187. 27406.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 15. Community Property [27400 - 27413] ( Chapter 15 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    A qualifying nonparticipant spouse has a right to a lump-sum distribution, must apply on the system’s form, and cannot cancel or redeposit the distribution after it becomes effective.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 15. Community Property [27400 - 27413] ( Chapter 15 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 27406. The nonparticipant spouse who is awarded separate nominal accounts with respect to the Cash Balance Benefit Program shall have the right to a lump-sum distribution of amounts credited to the account. (a) The nonparticipant spouse shall file an application on a form provided by the system to obtain the distribution. (b) The distribution is effective when the system deposits in the United States mail a warrant drawn in favor of the nonparticipant spouse and addressed to the latest address for the nonparticipant spouse on file with the system. (c) If the nonparticipant spouse has elected on a form provided by the system to transfer all or a specified portion of the accounts that are eligible for direct trustee-to-trustee transfer under Section 401(a)(31) of Title 26 of the United States Code to the trustee of a qualified plan under Section 402 of Title 26 of the United States Code, deposit in the United States mail of a notice that the requested transfer has been made constitutes a distribution of the nonparticipant spouse’s credit balance from the separate nominal accounts. This subdivision shall not apply to a nonparticipant partner consistent with Section 402 of the Internal Revenue Code. (d) The nonparticipant spouse is deemed to have permanently waived all rights to an annuity when the distribution becomes effective. (e) The nonparticipant spouse may not cancel a distribution after the distribution is effective. (f) The nonparticipant spouse shall have no right to elect to redeposit the distribution after the distribution is effective. (Amended by Stats. 2010, Ch. 207, Sec. 29. (AB 2260) Effective January 1, 2011.)
  188. 27407.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 15. Community Property [27400 - 27413] ( Chapter 15 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    A judgment or court order under this chapter does not bind the plan for the Cash Balance Benefit Program unless the plan has been joined in the case and served with a certified copy.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 15. Community Property [27400 - 27413] ( Chapter 15 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 27407. No judgment or court order issued pursuant to this chapter is binding on the plan with respect to the Cash Balance Benefit Program until the plan has been joined as a party to the action and has been served with a certified copy of the judgment or court order. (Amended by Stats. 1998, Ch. 965, Sec. 311. Effective January 1, 1999.)
  189. 27408.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 15. Community Property [27400 - 27413] ( Chapter 15 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    Certain retirement-system provisions apply to a nonparticipant spouse as if that spouse were a participant.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 15. Community Property [27400 - 27413] ( Chapter 15 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 27408. (a) Sections 26107, 26700, 26802, 26806, 27000, 27002, paragraphs (1) of subdivision (b) of Section 26807, and paragraphs (1) and (5) of subdivision (a) of Section 26807.5 shall apply to a nonparticipant spouse as if she or he were a participant. (b) Notwithstanding subdivision (a), this section shall not be construed to establish any right for the nonparticipant spouse that is not explicitly established in Sections 27400 to 27405, inclusive, and Sections 27409 to 27412, inclusive. (Amended by Stats. 2006, Ch. 655, Sec. 81. Effective January 1, 2007.)
  190. 27409.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 15. Community Property [27400 - 27413] ( Chapter 15 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    A nonparticipant spouse must give the system proof of date of birth, social security number, and any other requested information, in the form and manner the system asks for, once awarded separate nominal accounts or an interest in a participant’s 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 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 15. Community Property [27400 - 27413] ( Chapter 15 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 27409. Upon being awarded separate nominal accounts or an interest in the annuity of a participant, a nonparticipant spouse shall provide the system with proof of his or her date of birth, social security number, and any other information requested by the system, in the form and manner requested by the system. (Amended by Stats. 1998, Ch. 1048, Sec. 49. Effective January 1, 1999.)
  191. 27410.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 15. Community Property [27400 - 27413] ( Chapter 15 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    A nonparticipant spouse awarded separate nominal accounts may designate beneficiaries for the account amounts and any unpaid attributable annuity, but this section does not give that spouse a right to elect a 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 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 15. Community Property [27400 - 27413] ( Chapter 15 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 27410. (a) The nonparticipant spouse who is awarded separate nominal accounts shall have the right to designate, pursuant to Sections 27100 to 27102, inclusive, a beneficiary or beneficiaries to receive the amounts credited to the separate nominal accounts of the nonparticipant spouse on his or her date of death, and any annuity attributable to the separate nominal accounts which is unpaid on the date of the death of the nonparticipant spouse. (b) This section shall not be construed to provide the nonparticipant spouse with any right to elect a joint and survivor annuity pursuant to paragraphs (3) and (4) of subdivision (b) of Section 26807 or subdivision (a) of Section 26807.5. (Amended by Stats. 2006, Ch. 655, Sec. 82. Effective January 1, 2007.)
  192. 27411.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 15. Community Property [27400 - 27413] ( Chapter 15 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    A qualifying nonparticipant spouse may receive an annuity if they have at least $3,500 in separate nominal accounts and are at least 55 years old.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 15. Community Property [27400 - 27413] ( Chapter 15 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 27411. The nonparticipant spouse who is awarded a separate nominal account under this part shall have the right to an annuity pursuant to paragraph (1) or (5) of subdivision (a) of Section 26807.5. (a) The nonparticipant spouse shall be eligible for an annuity if the following conditions are satisfied: (1) The nonparticipant spouse has at least three thousand five hundred dollars ($3,500) in his or her separate nominal accounts. (2) The nonparticipant spouse has attained the age of 55 years or more. (b) An annuity of a nonparticipant spouse shall become effective upon any date designated by the nonparticipant spouse, provided: (1) The requirements of subdivision (a) are satisfied. (2) The nonparticipant spouse has filed an application for an annuity on a properly executed form provided by the system, which is executed no earlier than 90 days before the effective date of the annuity. (Amended by Stats. 2006, Ch. 655, Sec. 83. Effective January 1, 2007.)
  193. 27412.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 15. Community Property [27400 - 27413] ( Chapter 15 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    The system must count certain credits awarded to a nonparticipant spouse when deciding whether a participant is eligible for an 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 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 15. Community Property [27400 - 27413] ( Chapter 15 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 27412. The system shall include the contribution and earnings credits awarded to a nonparticipant spouse in the judgment or court order to determine the eligibility of a participant for an annuity. (Amended by Stats. 1996, Ch. 608, Sec. 55. Effective September 19, 1996. Applicable from July 1, 1996, pursuant to Sec. 58 of Ch. 608.)
  194. 27413.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 15. Community Property [27400 - 27413] ( Chapter 15 added by Stats. 1995, Ch. 592, Sec. 16. )

    Verify source ↗

    The Legislature states its intent to abolish the terminable interest doctrine in California for dividing public retirement benefits under this chapter when a marriage is dissolved or a participant dies.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 15. Community Property [27400 - 27413] ( Chapter 15 added by Stats. 1995, Ch. 592, Sec. 16. ) ## 27413. It is the intent of the Legislature to abolish any application of the terminable interest doctrine in California relating to the division of public retirement benefits of a participant in the event of dissolution of marriage or death if the division is made under this chapter. (Added by Stats. 1995, Ch. 592, Sec. 16. Effective January 1, 1996.)
  195. 280.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 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 11. Notification [280- 280.] ( Article 11 added by Stats. 2025, Ch. 428, Sec. 4. )

    Verify source ↗

    The department must send an annual management bulletin to local educational agencies by October 1, and the Superintendent must maintain a web page with antisemitism resources and information.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 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 11. Notification [280- 280.] ( Article 11 added by Stats. 2025, Ch. 428, Sec. 4. ) ## 280. (a) By October 1 of each year, the department shall issue a management bulletin to all local educational agencies describing the protections, requirements, and responsibilities prescribed in Sections 244, 262.3, 48980, 51500, 51501, 60151, and 60152, and in Chapter 5 (commencing with Section 33800) of Part 20 of Division 2 of Title 2. (b) The Superintendent, in consultation with the executive director of the state board and the Antisemitism Prevention Coordinator established pursuant to Section 33803.1, shall develop and maintain a distinct internet web page containing resources and information specific to antisemitism on its internet website. (Added by Stats. 2025, Ch. 428, Sec. 4. (AB 715) Effective January 1, 2026.)
  196. 28000.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 16. Military Services [28000 - 28006] ( Chapter 16 added by Stats. 1996, Ch. 680, Sec. 3. )

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    This section says the plan must follow federal law on uniformed-services reemployment rights, defines key terms, and limits a participant’s credit entitlement if the participant does not return to work with the same employer.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 16. Military Services [28000 - 28006] ( Chapter 16 added by Stats. 1996, Ch. 680, Sec. 3. ) ## 28000. (a) The Legislature hereby finds and declares its intent to preserve and protect the rights of reemployed participants who have been absent from a position of employment covered by the Cash Balance Benefit Program to serve in the uniformed services of the United States in accordance with the Uniformed Services Employment and Reemployment Rights Act of 1994 (Chapter 43 (commencing with Section 4301) of Title 38 of the United States Code). (b) The plan shall comply with Chapter 43 (commencing with Section 4301) of Title 38 of the United States Code, as that chapter may be amended from time to time. (c) The term “service in the uniformed services,” for purposes of determining plan vesting, eligibility for membership, and accrual of benefits, means the performance of duty on a voluntary or involuntary basis in a uniformed service under competent authority and includes active duty, active duty for training, initial active duty for training, inactive duty training, a period for which a participant is absent from a position of employment for the purpose of an examination to determine the fitness of the participant to perform any such duty, and the period of time following the actual service in the uniformed service through the last day a member is eligible to report back to work or to apply for reemployment as specified under Section 1002.259 of Title 20 of the Code of Federal Regulations. (d) The term “uniformed services” means the Armed Forces of the United States of America, the Army National Guard and the Air National Guard when engaged in active duty for training, inactive duty training, or full-time National Guard duty, the commissioned corps of the United States Public Health Service, and any other category of persons designated by the President in time of war or emergency. (e) No entitlement of the right to contribute toward credits under the Cash Balance Benefit Program pursuant to this chapter by the participant as a result of service in the uniformed services shall accrue if the participant does not return to employment with the same employer or employers which employed the participant immediately prior to the eligible period of service in the uniformed services as prescribed in Chapter 43 (commencing with Section 4301) of Title 38 of the United States Code. (Amended by Stats. 2016, Ch. 218, Sec. 46. (SB 1352) Effective January 1, 2017.)
  197. 28001.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 16. Military Services [28000 - 28006] ( Chapter 16 added by Stats. 1996, Ch. 680, Sec. 3. )

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    A participant returning to work after uniformed service is treated as if there was no break in creditable service, if the participant meets the stated conditions and elects to repay employee contributions.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 16. Military Services [28000 - 28006] ( Chapter 16 added by Stats. 1996, Ch. 680, Sec. 3. ) ## 28001. (a) The participant who returns to employment with the same employer which had employed the participant immediately prior to the eligible period of service in the uniformed services, in accordance with the requirements of Chapter 43 (commencing with Section 4301) of Title 38 of the United States Code, shall be treated as not having incurred a break in the performance of creditable service by reason of that participant’s period or periods of service in the uniformed services. The length of each period of service in the uniformed services shall not exceed five years unless otherwise permitted pursuant to Section 28004. Each period of service in the uniformed services by the participant shall, upon that participant’s return to employment with the same employer or employers which had employed the participant immediately prior to the eligible period of service in the uniformed services, constitute employment toward the performance of creditable service provided that participant elects to remit the employee contributions that would have been made during the period of service in the uniformed services. The remittance of employee contributions shall be calculated pursuant to Sections 26501 and 28003. In no event shall that remittance exceed the amount the participant would have been required to contribute during that period of performance of creditable service had the participant remained continuously employed by the last employer and not served in the uniformed services throughout that period. (b) Notwithstanding Section 26506, remittance of employee contributions in accordance with subdivision (a) shall be made by the employer pursuant to Section 26502 upon the employer’s receipt of written consent of the participant specifying a schedule of repayments. That remittance shall commence during the period beginning with the date of return to employment and may continue for three times the period of the participant’s eligible period of service in the uniformed services, not to exceed five years. The plan’s receipt of the remittance payments to the plan with respect to the Cash Balance Benefit Program shall be credited pursuant to Chapter 7 of this part. Contributions, interest, and additional earnings credits the participant would have earned had the participant remained continuously employed during the period of eligible service in the uniformed services shall be credited to employee and employer accounts retroactively upon receipt of the employee contributions. Upon receipt of the remittance payments to the plan, the payments shall be subject to the same terms and conditions under the program as if the payments had been employee contributions made by the participant had the participant not served for a period in the uniformed services. In no event shall the current year contributions and contributions made for purposes of purchasing service exceed the maximum exclusion allowance as set forth in the Internal Revenue Code. (Amended by Stats. 2016, Ch. 218, Sec. 47. (SB 1352) Effective January 1, 2017.)
  198. 28002.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 16. Military Services [28000 - 28006] ( Chapter 16 added by Stats. 1996, Ch. 680, Sec. 3. )

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    An employer rehiring a participant after military service must pay required employer contributions and send reemployment information to the system on time, unless the participant does not repay employee contributions 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 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 16. Military Services [28000 - 28006] ( Chapter 16 added by Stats. 1996, Ch. 680, Sec. 3. ) ## 28002. (a) Except as provided in subdivision (b), an employer reemploying a participant with service subject to the requirements of Chapter 43 (commencing with Section 4301) of Title 38 of the United States Code, shall be liable to remit the employer contributions provided that employer employed the participant immediately prior to the eligible period of service in the uniformed services. The contribution rate by the employer shall be to the same extent as that for contributions to the Cash Balance Benefit Program for other employees during the same period. In addition to contributions due pursuant to this subdivision, the employer shall remit an amount that is the equivalent of the full cost of any interest and additional earnings credits credited pursuant to Section 28001. The employer shall provide information regarding the reemployment of a participant who is subject to Chapter 43 (commencing with Section 4301) of Title 38 of the United States Code on a form prescribed by the system within 30 days of the date of reemployment. Following receipt of that notice, the system shall calculate in accordance with Section 28003 the total amount of employer contributions due for the participant for the full period of service in the uniformed services. Within 60 working days of notification by the plan of amount due, the employer shall remit to the plan all employer contributions. (b) The employer shall not be liable for employer contributions for the period of service in the uniformed services if the participant elects not to remit the employee contributions for that period through the employer as required under Section 28001. In the event the participant does not remit all of the employee contributions within the prescribed repayment period, the total amount of the employer contributions that were remitted for that period shall be adjusted pursuant to Section 26302. (Amended by Stats. 2016, Ch. 218, Sec. 48. (SB 1352) Effective January 1, 2017.)
  199. 28003.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 16. Military Services [28000 - 28006] ( Chapter 16 added by Stats. 1996, Ch. 680, Sec. 3. )

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    For certain military-service periods, a participant’s salary is calculated using the salary they would have received, or, if that is not reasonably certain, an average salary formula.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 16. Military Services [28000 - 28006] ( Chapter 16 added by Stats. 1996, Ch. 680, Sec. 3. ) ## 28003. For purposes of calculating the employer’s liability under Section 28002 or the required employee contributions under Section 28001, the participant’s salary during that period shall be computed as follows: (a) The salary the participant would have received with the employer for the eligible period of service in the uniformed services. (b) In the event that salary is not reasonably certain, the contributions shall be based on the participant’s average salary with the employer during the 12-month period immediately preceding the eligible period of service in the uniformed services or, if shorter, the contributions shall be based on the participant’s average salary for the period of employment immediately preceding that period. (Added by Stats. 1996, Ch. 680, Sec. 3. Effective January 1, 1997.)
  200. 28004.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 16. Military Services [28000 - 28006] ( Chapter 16 added by Stats. 1996, Ch. 680, Sec. 3. )

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    A participant absent from covered employment because of uniformed service generally cannot obtain the right to contribute toward plan credits beyond five years of uniformed service, unless one of the listed exceptions applies.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] ( Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32. ) ## CHAPTER 16. Military Services [28000 - 28006] ( Chapter 16 added by Stats. 1996, Ch. 680, Sec. 3. ) ## 28004. A participant who is absent from a position of employment subject to the Cash Balance Benefit Program due to that participant’s service in the uniformed services, shall not be entitled to obtain the right to contribute toward credits under the plan in excess of five years of service in the uniformed services, except for the following reasons: (a) The participant is required to serve beyond five years to complete an initial period of obligated service in the uniformed services; (b) The participant was unable to obtain orders releasing the participant from a period of service in the uniformed services before the expiration of the five-year period and that inability was through no fault of the participant; (c) The participant served in the uniformed services as required pursuant to Section 270 of Title 10, under Section 502(a) or 503 of Title 32 of the United States Code, or to fulfill additional training requirements determined and certified in writing by the Secretary of Defense, to be necessary for professional development, or for completion of skill training or retraining; or (d) The participant is: (1) Ordered to or retained on active duty under Section 672(a), 672(g), 673, 673b, 673c, or 688 of Title 10 or under Section 331, 332, 359, 360, 367, or 712 of Title 14 of the United States Code. (2) Ordered to or retained on active duty, other than for training, under any provision of law during a war or during a national emergency declared by the President or the Congress. (3) Ordered to active duty, other than for training, in support, as determined by the secretary concerned, of an operational mission for which personnel have been ordered to active duty under Section 673b of Title 10 of the United States Code. (4) Ordered to active duty in support, as determined by the secretary concerned, of a critical mission or requirement of the uniformed services. (5) Called into federal service as a participant of the National Guard under Chapter 15 of Title 10 or under Section 3500 or 8500 of Title 10 of the United States Code. (Amended by Stats. 1998, Ch. 965, Sec. 317. Effective January 1, 1999.)

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