If you employ members covered by this law, you need to withhold their required contributions from their paychecks. You also need to add your own contributions as an employer and send both amounts to the designated system.
Each employer shall deduct from the creditable compensation of members employed by the employer the member contributions required by this part and shall remit to the system those contributions plus the employer contributions required by this part and Section 44987.
employer contributions member contributions creditable compensation withholding from paychecks remit to system employment deductions Section 44987 payroll deductions contribution requirements teacher retirement pension fund payments employer responsibility retirement system educational employers public school employees
(Amended by Stats. 1997, Ch. 482, Sec. 21. Effective January 1, 1998.)
This law requires certain educational administrators, like county and district superintendents or community college chancellors, to request payments for teacher retirement contributions. These requests are made in favor of the State Teachers’ Retirement System. Once approved and signed by the county auditor, these requests become a formal claim on county funds. The administrators must then send the approved requests to the retirement system’s main office. The money is then promptly deposited into the Teachers’ Retirement Fund.
Each county superintendent, district superintendent, chancellor of a community college district, or other employing agency that reports directly to the system shall draw requisitions for contributions required by Sections 22901, 22901.7, 22950, and 22950.5 in favor of the State Teachers’ Retirement System, and the requisitions, when allowed and signed by the county auditor, shall constitute a warrant against the county treasury. The county superintendent, district superintendent, chancellor of a community college district, or other employing agency thereupon shall forward the warrants to the board in the system’s headquarters office. The amounts received shall be deposited immediately in the State Treasury to the Teachers’ Retirement Fund.
teachers' retirement contributions county superintendent district superintendent community college chancellor State Teachers’ Retirement System requisitions for contributions county treasury warrants Teachers’ Retirement Fund retirement fund deposit educational administrators payment requests county auditor system's headquarters office
(Amended by Stats. 2015, Ch. 123, Sec. 16. (AB 991) Effective January 1, 2016.)
In this section, employers are required to pay contributions to the system using electronic funds transfer through a specified automated clearinghouse, once approved by the board. An automated clearinghouse is defined as a federal reserve bank or organization linked with the National Automated Clearing House Association for handling electronic fund transfers between banks. If an employer cannot meet this requirement due to valid reasons, they can request a waiver to pay in a different way as allowed by the board.
(a)CA Education Code § 23001.5(a) All contributions due to the system by an employer under this part shall be paid by an electronic funds transfer method through an automated clearinghouse as prescribed by the board. This payment requirement is effective upon authorization by the board.
(b)CA Education Code § 23001.5(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)CA Education Code § 23001.5(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.
electronic funds transfer employer contributions automated clearinghouse National Automated Clearing House Association federal reserve bank waiver application alternative payment methods authorization by the board transmitting entries receiving entries bank accounts clearance system payment compliance good cause payment method waiver
(Added by Stats. 2018, Ch. 125, Sec. 1. (AB 2052) Effective January 1, 2019.)
In this section, it talks about payment deadlines for contributions made by members and employers to a certain system. These payments need to be received within five working days after the reporting period they cover. If payments are late by the sixth working day, interest starts to accumulate. There is an option for estimated payments, where at least 95% must be paid by the deadline, with the remainder due within 15 working days after the reporting period. Late payments on this balance also incur interest from the 16th day.
Member and employer contributions required by this part and Section 44987 are due in the office of the system five working days immediately following the period covered by the monthly report upon which the compensation earned during the period is being reported and from and upon which the contributions are due. Payments shall be delinquent on the sixth working day thereafter and regular interest on delinquent payments shall begin to accrue as of that day. The board shall authorize estimated payments of not less than 95 percent of the contributions due, and, in that case, the balance of contributions payable shall be due in the office of the system no more than 15 working days following the period covered by the monthly report upon which the contributions are based. This additional payment shall be delinquent on the 16th working day thereafter, and regular interest shall begin to accrue as of that day.
member contributions employer contributions payment deadlines reporting period delinquent payments estimated payments 95 percent contributions regular interest accrue interest contribution balance monthly report
(Amended by Stats. 1997, Ch. 482, Sec. 22. Effective January 1, 1998.)
For school districts that run year-round or continuous school programs, any contributions made by members and employers must be reported for the school year in which the service started.
Member and employer contributions from school districts conducting a year-round school operation or a continuous school program shall be reported as part of the school year in which the service began.
year-round school continuous school program school year reporting member contributions employer contributions school districts education contributions service start contribution reporting California schools
(Added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.)
If a county superintendent, school district, or community college district in California doesn't pay contributions on time as required, they can be penalized by the board. Additionally, the board will charge interest on any overdue payments.
(a)CA Education Code § 23003(a) If a county superintendent of schools or employing agency or school district or community college district that reports directly to the system fails to make payment of contributions as provided in Section 23002, the board shall, in accordance with regulations, assess penalties.
(b)CA Education Code § 23003(b) The board shall, in accordance with regulations, charge regular interest on any delinquent contributions under this part.
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(Amended by Stats. 2009, Ch. 249, Sec. 5. (AB 654) Effective January 1, 2010.)
This law states that the county superintendent of schools or a hiring agency must, and a school or community college district can, send a monthly electronic report with specific information needed by the board. This report has to be sent in a secure, encrypted format to protect data about members.
The county superintendent of schools or employing agency shall, or a school district or community college district may, with approval of the board, submit a report monthly to the system containing information as the board may require in the administration of the plan. That monthly report shall be submitted electronically in an encrypted format provided by the system that ensures the security of the transmitted member data.
county superintendent employing agency school district community college district monthly report encrypted format member data security board approval electronic submission administration of the plan
(Amended by Stats. 2006, Ch. 655, Sec. 17. Effective January 1, 2007.)
This law requires that monthly reports about compensation must be submitted within 30 days after the end of the month when the compensation was earned. If these reports are not submitted within an additional 15 days, they are considered late.
Monthly reports are due in the office of the system 30 calendar days immediately following the month in which the compensation being reported under this part was earned, and are delinquent 15 calendar days immediately thereafter.
monthly reports compensation reporting due date 30 days 15 days delinquent submission deadline compensation earned reporting requirements timeliness calendar days late filing penalty reporting system education code monthly deadlines
(Amended by Stats. 1998, Ch. 965, Sec. 122. Effective January 1, 1999.)
This law states that if a school district, community college district, or similar educational body in California sends in required monthly reports late or incorrectly, penalties will be applied. These penalties are calculated based on the contributions to these reports and will be charged interest at a specified regular rate.
(a)CA Education Code § 23006(a) If a county superintendent of schools or employing agency or school district or community college district that reports directly to the system, submits monthly reports, as specified by Section 23004, late, as defined in Section 23005, or in unacceptable form, the board shall, in accordance with regulations, assess penalties.
(b)CA Education Code § 23006(b) The board shall, in accordance with regulations, assess penalties, based on the sum of the employer and employee contributions required under this part by the report, for late or unacceptable submission of reports, at a rate of interest equal to the regular interest rate.
county superintendent employing agency school district reports community college reports monthly reports late submission unacceptable form penalties employer contributions employee contributions interest rate penalties reporting requirements educational body compliance California education system
(Amended by Stats. 2011, Ch. 703, Sec. 7. (SB 349) Effective January 1, 2012.)
This law says that if certain school officials or agencies don't pay required assessments on time, the State Controller can withhold funds that would normally go to county or school district funds. These withheld funds are used to cover the unpaid assessments and are paid into the Teachers’ Retirement Fund once everything is sorted out.
If any county superintendent, district superintendent, chancellor of a community college district, or other employing agency that reports directly to the system fails to make payment of any assessment by the board, the Controller shall, upon order of the board, withhold subsequent payments from the State School Fund to the county for deposit in the county school service fund or, upon the request of a county superintendent of schools to the county auditor, he or she shall withhold payments to a school district for deposit in the district general fund until the contributions and report are received in acceptable form in the office of the system and the board directs the Controller to make those payments, less the amount of the assessments to the county that would have
been paid had no payments been withheld. The Controller shall then pay to the system the amount of the assessments withheld for deposit in the State Treasury to the Teachers’ Retirement Fund.
county superintendent district superintendent community college chancellor employing agency assessment payment Controller State School Fund county school service fund school district general fund contributions report acceptable form Teachers’ Retirement Fund withhold payments State Treasury board directive
(Amended by Stats. 2012, Ch. 864, Sec. 10. (AB 2663) Effective January 1, 2013.)
When a school system overpays or underpays teacher contributions, adjustments must be corrected on monthly reports, and refunds given back within 60 days to the teacher. If organizations are late or incorrect with these adjustments, they could face penalties. These penalties can't exceed what's considered regular interest, and it's treated as interest income for the year.
(a)CA Education Code § 23008(a) If more or less than the required contributions specified in this part and Section 44987 are paid to the system based on any payment of creditable compensation to a member, proper adjustments shall be made on a monthly report, by the county superintendent, district superintendent, chancellor of a community college district, or other employing agency who submitted the report, within 60 days after discovery or notification by the system and any refunds shall be made to the member within the same time period by the employing agency.
(b)CA Education Code § 23008(b) The board shall, in accordance with regulations, assess penalties for late or improper adjustments pursuant to Section 23006. These penalties shall be no more than the regular interest as
defined in Section 22162. The penalty so assessed shall be deemed interest earned in the year in which it was received.
contributions creditable compensation monthly report refunds employing agency penalties late adjustments improper adjustments regular interest interest earned overpayment underpayment county superintendent district superintendent community college district
(Amended by Stats. 2010, Ch. 207, Sec. 11. (AB 2260) Effective January 1, 2011.)
This law allows the board to adjust payments for a retirement plan. If it's beneficial for the plan, the board can either pay money directly to the member or beneficiary, or accept payments from them, including an interest charge or payment.
The board, if in the interest of the plan, may, in connection with adjustments to the required contributions referred to in Section 23008, receive or make payments directly from or to the member or beneficiary with interest.
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(Amended by Stats. 1996, Ch. 634, Sec. 170. Effective January 1, 1997.)
If you or your organization has been fined or charged interest under certain rules, you can challenge these charges. There is a specific appeals process you must follow to do this.
A person or entity that reports directly to the system that is assessed penalties or interest pursuant to Section 23003, 23006, or 23008 may appeal the assessed penalties or interest subject to the appeals process established pursuant to Section 22219.
penalties appeal interest assessment appeals process Section 22219 challenging fines entity reporting direct reporting penalty dispute interest charges appealing assessments reporting entity system assessment Section 23003 Section 23006 Section 23008
(Added by Stats. 2009, Ch. 249, Sec. 8. (AB 654) Effective January 1, 2010.)
If there are any penalties or interest due under specific sections, they must be paid into the Teachers’ Retirement Fund. These payments are handled like regular contributions to the fund.
Penalties and interest due to the system pursuant to Section 23003, 23006, or 23008 are additional required contributions that, when received, shall be deposited to the Teachers’ Retirement Fund and treated in the same manner as other contributions.
Teachers' Retirement Fund penalties interest payments required contributions 23003 23006 23008 retirement fund deposit education retirement fund management payment handling financial penalties interest due
(Added by Stats. 2020, Ch. 275, Sec. 13. (AB 2101) Effective January 1, 2021.)
This law allows the county superintendent of schools to handle payments that schools must pay to the system, like contributions or assessments. They can take money from the county school fund and individual school funds to make these payments. Additionally, they can also recover money from these funds when needed, based on another specific law.
(a)CA Education Code § 23012(a) For the purpose of remitting contributions, assessments, or any other payment required by the system, the county superintendent of schools that reports directly to the system may, on an annual basis or as otherwise directed by the system, draw requisitions against the county school service fund and the funds of the county’s respective employing agencies in amounts equal to the total required to be paid by the employing agency.
(b)CA Education Code § 23012(b) Additionally, the county superintendent of schools may draw requisitions against the county school service fund and the funds of the county’s respective employing agencies, as applicable, in amounts necessary for recovering payments made
pursuant to Section 24616.2.
county superintendent of schools remitting contributions assessments county school service fund employing agencies requisitions payments recovery Section 24616.2 school funds system payments financial management educational payments fiscal responsibilities fund allocation school payment obligations
(Added by Stats. 2022, Ch. 754, Sec. 9. (AB 1667) Effective January 1, 2023.)