Chapter 10Membership
Section § 22500
If you were part of the California State Teachers’ Retirement System as of June 30, 1996, you are enrolled in the Defined Benefit Program, which meets specific tax guidelines.
Section § 22501
If you start a full-time job at a school district or county office and aren't already part of the Defined Benefit Program, you'll join the retirement program on your first day, unless there's a reason you can't under another specific law. If you work more than one job at the same time, you can't combine those to meet membership requirements. This rule has been in place since July 1, 1996.
Section § 22502
If you work part-time for a school district or county office of education, doing at least half of what a full-time position would do, you'll automatically join their pension plan from your first day, unless there's a specific rule that says you can't. However, if you've got more than one part-time job, they won't combine those hours to decide if you join the plan. The same rules apply for someone working for a community college district, but there are additional exceptions.
Section § 22503
If you're a substitute teacher working at a California school district or county office, you'll automatically join the Defined Benefit Program once you've worked 100 full days in a school year, unless you're part of a different program. This has been the rule since July 1, 1996.
Section § 22504
This law is about when part-time school employees must join the Defined Benefit Program, which is similar to a retirement plan. If you work part-time on an hourly basis and clock 60 hours or more with one school district or county office in a pay period, you'll join the program the next pay period. If you work part-time by the day and complete 10 days of work, the same rule applies. However, if your employer uses the Cash Balance Benefit Program, this rule doesn't apply to you.
Section § 22508
If you're a member employed by a school district, community college, county superintendent, or the state and you start a job that requires joining a different public retirement system, you can choose to stick with your current retirement plan. This option is available as long as you're not excluded from the other system. Certain state jobs, like educational consultants or librarians, also fall under this rule. You can choose which system your service is covered under, but once you make this choice, you can't change it. It's important to note that this option is permanent once selected.
Section § 22508.5
This law allows certain employees within the California Community Colleges system to choose which retirement program will cover their new position when they change jobs within the system. If you're already part of the State Teachers' Defined Benefit Program and move to the Board of Governors, you can opt to stay with your current retirement plan rather than switching. Similarly, if you're in the Public Employees’ Retirement System and start working for a community college, you can choose to remain in your current plan. This option is available only to those who are already vested in their retirement plans and applies to job changes from January 1, 1998, onwards.
Section § 22508.6
This law allows certain state employees who are members of the Defined Benefit Program to choose to have their state service covered by this program instead of the Public Employees’ Retirement System (PERS). To make this choice, the employee must have already achieved program vesting. Eligibility depends on factors such as having previously worked for a school district or similar institution, switching to state employment within 30 days, and being employed under specific conditions, such as being represented by a bargaining unit or working in a non-civil service role in the executive branch. The decision to switch must be made in writing within 90 days of the law's effective date or within 60 days of being notified by the system, and takes effect the day after it's received by PERS. Any service from that date onwards counts towards the Defined Benefit Program benefits.
Section § 22508.7
This law section is about a specific type of employment service that can be counted towards public retirement benefits. It allows individuals who performed this work to choose whether their service should be covered by a different public retirement system instead of the Defined Benefit Program. Members who make this choice must transfer all related contributions and any unpaid amounts. Importantly, they may or may not be affected by California's 2013 pension reform depending on which system they choose. If they don't make a choice, their service remains under the Defined Benefit Program. An election must be made in writing by June 30, 2016, and once made, it can't be changed. The board isn't required to notify eligible individuals about this option.
Section § 22509
This law requires employers to notify new employees who have a choice between different retirement plans within 10 working days of hiring. The employer must provide information from each retirement system to help the employee decide. Employees have 60 days to make their choice in writing, using a specific form, and submit it to the system's main office within that time. The employer must keep a copy and send the original form to the headquarters. If choosing the Public Employees’ Retirement System option, the paperwork goes to their office. The employee's choice becomes effective on their first day of work in the new job.
Section § 22515
This law allows certain employees who are excluded from membership under specific sections to choose to join the Defined Benefit Program while they're working in a job covered by that program. They need to make this choice using a special form within 60 days after signing it, before they start contributing. Once chosen, it becomes permanent unless they leave their job and cash out their retirement savings. Changes made to this rule back in 1995-96 are considered to have started on July 1, 1996.
Section § 22516
This section clarifies that if someone performs work that qualifies for the Defined Benefit Program and chooses another retirement system where membership is optional, they aren't automatically excluded from the Defined Benefit Program. If they choose another retirement system, any service rendered after joining that system won't count towards the Defined Benefit Program benefits or contributions, except when calculating final compensation.