This section means that the specific definitions found in this chapter are to be used to understand and interpret the meanings of words and phrases used in this part of the law, unless there's a reason not to.
Unless the context otherwise requires, the definitions set forth in this chapter govern the construction of this part.
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(Repealed and added by Stats. 1994, Ch. 933, Sec. 3. Effective September 28, 1994.)
This section defines 'accumulated annuity deposit contributions' as the total of all money a person has put into their annuity account, plus any interest that has been added.
“Accumulated annuity deposit contributions” means the sum of all the annuity deposits standing to the credit of the member’s account, together with credited interest.
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(Repealed and added by Stats. 1994, Ch. 933, Sec. 3. Effective September 28, 1994.)
This section defines an 'Accumulated Defined Benefit Supplement account balance' as the total of various contributions from a member, any contributions the employer picks up for the member, plus additional amounts from employer contributions and earned interest or earnings according to specific sections.
“Accumulated Defined Benefit Supplement account balance” means the amount of credits equal to the sum of member contributions, the member contributions picked up by an employer, employer contributions, interest credited pursuant to Section 25005 and additional earnings credited pursuant to Section 25006.
Accumulated Defined Benefit Supplement member contributions employer contributions interest credited additional earnings Section 25005 Section 25006 account balance defined benefit employer picked contributions education code
(Amended (as added by Stats. 2000, Ch. 1021, Sec. 1) by Stats. 2016, Ch. 218, Sec. 2. (SB 1352) Effective January 1, 2017.)
This section defines "accumulated retirement contributions" as the total of what a member has put into their retirement, contributions an employer makes on behalf of a member as per certain rules, plus any interest that has been added to those amounts. It clarifies what is NOT included in this definition: any separate annuity contributions, tax-sheltered annuities, specific supplemental account balances, or extra earnings credited.
“Accumulated retirement contributions” means the sum of the member contributions, the member contributions picked up by an employer pursuant to Sections 22903 and 22904, and credited interest on those contributions. Accumulated retirement contributions shall not include accumulated annuity deposit contributions, accumulated tax-sheltered annuity contributions, accumulated Defined Benefit Supplement account balance, or additional earnings credit.
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(Amended by Stats. 2000, Ch. 1021, Sec. 2. Effective January 1, 2001.)
"Accumulated tax-sheltered annuity contributions" are the contributions made into a tax-sheltered annuity account by a member, including any interest that has been credited to those contributions.
“Accumulated tax-sheltered annuity contributions” means the tax-sheltered contributions made by a member and standing to the credit of the member’s account, together with credited interest.
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(Repealed and added by Stats. 1994, Ch. 933, Sec. 3. Effective September 28, 1994.)
The term “actuarial equivalent” refers to a type of pension or retirement allowance that has the same monetary value, based on specific mathematical tables and interest rates chosen by the board overseeing the calculations.
“Actuarial equivalent” means an allowance of equal value when computed upon the basis of such tables and interest rates that are adopted by the board.
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(Repealed and added by Stats. 1994, Ch. 933, Sec. 3. Effective September 28, 1994.)
An actuary is an expert in the technical and mathematical fields of insurance and pensions, appointed by the board to provide necessary actuarial services.
“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.
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(Added by Stats. 1999, Ch. 939, Sec. 4. Effective January 1, 2000.)
This law section refers to an 'additional earnings credit,' which is extra money added to members' Defined Benefit Supplement accounts. It's based on income earned from investments for the plan year and is decided by the board, beyond the basic interest rate added every year.
“Additional earnings credit” means an amount derived from investment income for the plan year as determined by the board by plan amendment and added to members’ Defined Benefit Supplement accounts in addition to the amount credited at the minimum interest rate for that plan year.
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(Added by Stats. 2000, Ch. 74, Sec. 4. Effective January 1, 2001.)
This section defines “annualized pay rate” as the salary someone could earn working full-time for a school term in a specific position, as explained further in another section. It outlines how to figure out this rate using a public pay schedule, either as a single amount or calculated from hourly or daily rates based on full-time work. If no such pay rate exists for a position, any earnings are considered extra pay. Changes related to this will be posted online before July 2027 when they can be implemented.
(a)CA Education Code § 22104.8(a) “Annualized pay rate” means the salary, as described in Section 22119.3, a person could earn during a school term in a position subject to membership if creditable service were performed for that position on a full-time basis.
(b)CA Education Code § 22104.8(b) The annualized pay rate shall be determined pursuant to the publicly available pay schedule by using either of the following methods:
(1)CA Education Code § 22104.8(b)(1) Explicitly itemized as a single amount, either separately or within a table.
(2)CA Education Code § 22104.8(b)(2) Derived from an explicit hourly or daily rate multiplied by the total hours or days required
in order to be employed in the position subject to membership on a full-time basis pursuant to Section 22138.5. If the total hours or days required to be employed on a full-time basis is not established, the number of hours or days shall be the minimum standard described in Section 22138.5.
(c)CA Education Code § 22104.8(c) If no annualized pay rate exists pursuant to subdivision (b) for a position subject to membership, all compensation earned in that position shall be deemed “supplemental pay” pursuant to paragraph (2) of subdivision (a) of Section 22119.3.
(d)CA Education Code § 22104.8(d) This definition of “annualized pay rate” is consistent with subdivision (e) of Section 22115.
(e)Copy CA Education Code § 22104.8(e)
(1)Copy CA Education Code § 22104.8(e)(1) The board shall determine a date based on when the system has the
capacity to implement the changes made by the act that added this subdivision. The date determined by the board shall be posted on the internet website of the system no later than July 1, 2027.
(2)CA Education Code § 22104.8(e)(2) This section shall become operative on the date determined by the board pursuant to paragraph (1).
annualized pay rate salary calculation creditable service public pay schedule full-time basis position membership hourly rate daily rate supplemental pay Section 22119.3 Section 22138.5 system implementation board determination date school term salary minimum standard
(Repealed (in Sec. 1) and added by Stats. 2024, Ch. 690, Sec. 2. (AB 1997) Effective January 1, 2025. Conditionally operative as prescribed by its own provisions.)
An 'Annuitant Reserve' is a special account within the retirement fund that's set aside to pay annuities for those covered by the Defined Benefit Supplement Program.
“Annuitant Reserve” means a segregated account within the retirement fund established and maintained for expenditure on annuities payable under the Defined Benefit Supplement Program.
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(Added by Stats. 2000, Ch. 74, Sec. 5. Effective January 1, 2001.)
This law explains what "annuity" means in two different pension programs for California educators. In the Defined Benefit Program, an annuity is a series of payments made for the lifetime of a member, based on their accumulated contributions. In the Defined Benefit Supplement Program, an annuity refers to monthly payment arrangements made from the funds in a member's account, instead of receiving all the money at once in a lump sum.
(a)CA Education Code § 22105(a) “Annuity,” with respect to the Defined Benefit Program, means payments for life derived from the “accumulated annuity deposit contributions” of a member.
(b)CA Education Code § 22105(b) “Annuity,” with respect to the Defined Benefit Supplement Program, means an alternative payment arrangement wherein a benefit based on the balance of credits in a member’s Defined Benefit Supplement account is paid monthly rather than in a lump-sum.
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(Amended by Stats. 2000, Ch. 74, Sec. 6. Effective January 1, 2001.)
This section defines an "annuity beneficiary" as the individual or trust that a member selects to get annuity payments from the Defined Benefit Supplement Program when the member passes away.
“Annuity beneficiary” means the person or trust designated by a member pursuant to Section 25011, 25011.1, 25018, or 25018.1 to receive an annuity under the Defined Benefit Supplement Program upon the member’s death.
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(Amended by Stats. 2016, Ch. 559, Sec. 1. (AB 1875) Effective January 1, 2017.)
This law talks about extra contributions that a member made before July 1, 1972, to increase their retirement income. These are called 'annuity deposit contributions' and they go beyond what was needed for standard retirement benefits.
“Annuity deposit contributions” means additional contributions made by a member prior to July 1, 1972, above those required for credited service for the purpose of providing additional retirement income.
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(Amended by Stats. 2000, Ch. 1025, Sec. 1. Effective January 1, 2001.)
This section explains that when calculating extra benefits, the term "base allowance" refers to a person's monthly pension payment before any additional increases. This applies unless otherwise noted in another specific section.
For the purposes of determining supplemental benefits pursuant to Sections 24412 and 24415, except as provided under Section 24410, “base allowance” means a monthly allowance under the Defined Benefit Program prior to all allowance increases by this part and after modification for an option, if applicable.
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(Amended by Stats. 2016, Ch. 218, Sec. 3. (SB 1352) Effective January 1, 2017.)
In this law, 'base days' refer to the number of working days a teacher or school employee needs to complete in a school year to earn a full year of service credit towards retirement or benefits. These days cannot include holidays and must meet certain minimum requirements: they must comply with a minimum standard of 175 days or, if standards are expressed in hours, the total hours divided by six. This ensures a consistent measure of service across different positions.
“Base days” means the number of days of creditable service the employer requires the member’s class of employees to perform in a school year during the member’s most recent year of creditable service to earn one year of service credit. Base days shall not include school and legal holidays and shall not be less than the minimum standard specified in Section 22138.5. For those standards identified in Section 22138.5 that are expressed only in terms of hours, the number of hours shall be divided by six to determine the number of base days. The number of base days shall not be less than 175.
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(Amended by Stats. 2020, Ch. 275, Sec. 1. (AB 2101) Effective January 1, 2021.)
Base hours are the number of hours you need to work to earn a full year of service credit.
“Base hours” means the number of hours of creditable service required to earn one year of service credit.
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(Added by renumbering Section 22106.2 by Stats. 2014, Ch. 755, Sec. 3. (SB 1220) Effective January 1, 2015.)
This law defines how employment time is described for school employees. 'Basis of employment' refers to how much time an employer expects an employee to work during a school term. 'Full-time basis' is when the work is expected to be full time, while 'part-time basis' is when the work is less than full time.
“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.
(a)CA Education Code § 22106.5(a) “Full-time basis” means a basis of employment that is full time.
(b)CA Education Code § 22106.5(b) “Part-time basis” means a basis of employment that is less than full time.
employment definition full-time basis part-time basis school term time expectation employee service employment standard work hours employer expectation school employment standard time service performance school employee employment classification part-time work
(Amended by Stats. 2018, Ch. 416, Sec. 1. (SB 1165) Effective January 1, 2019.)
A 'Beneficiary' in the context of the Defined Benefit Program is anyone who is set to receive payments or benefits due to a member's disability or death. In the Defined Benefit Supplement Program, it's anyone who will get a final benefit payment because of a member's death.
(a)CA Education Code § 22107(a) “Beneficiary,” with respect to the Defined Benefit Program, means any person or entity receiving or entitled to receive an allowance or lump-sum payment under the Defined Benefit Program because of the disability or death of a member.
(b)CA Education Code § 22107(b) “Beneficiary,” with respect to the Defined Benefit Supplement Program, means any person or entity receiving or entitled to receive a final benefit under the Defined Benefit Supplement Program upon the death of a member.
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(Amended by Stats. 2000, Ch. 74, Sec. 8. Effective January 1, 2001.)
This law section talks about what 'benefit' means in two different retirement programs. For the Defined Benefit Program, it refers to the money paid monthly to retired or disabled members or beneficiaries, and it covers any lump-sum payments after someone dies. For the Defined Benefit Supplement Program, it refers to the total balance in a member's account.
(a)CA Education Code § 22108(a) “Benefit” or “benefits,” with respect to the Defined Benefit Program, means any monthly payment due a retired member, disabled member, or beneficiary, and includes lump-sum payments due on account of death.
(b)CA Education Code § 22108(b) “Benefit” and “benefits,” with respect to the Defined Benefit Supplement Program, means an amount equal to the balance of credits in a member’s Defined Benefit Supplement account.
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(Amended by Stats. 2000, Ch. 74, Sec. 9. Effective January 1, 2001.)
This section simply defines the term "Board" as referring to the Teachers’ Retirement Board.
“Board” means the Teachers’ Retirement Board.
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(Repealed and added by Stats. 1994, Ch. 933, Sec. 3. Effective September 28, 1994.)
This section mainly defines the term "California Public Employees’ Pension Reform Act of 2013" as referring to a specific set of pension reforms found in the Government Code, starting at Section 7522.
“California Public Employees’ Pension Reform Act of 2013” means the California Public Employees’ Pension Reform Act of 2013 (Article 4 (commencing with Section 7522) of Chapter 21 of Division 7 of Title 1 of the Government Code).
California Public Employees’ Pension Reform Act pension reforms Government Code Section 7522 public employee pensions pension legislation California pension reform Article 4 Chapter 21 Division 7 Title 1 employee retirement benefits public sector pensions pension reform act 2013
(Added by Stats. 2013, Ch. 559, Sec. 2. (AB 1381) Effective January 1, 2014. Deemed operative January 1, 2013, by Sec. 1 of Ch. 559.)
In this context, "California service" refers to any work done in California that can be recognized for credit, likely within a specific program or benefit system.
“California service” means service performed in California for which credit may be given.
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(Repealed and added by Stats. 1994, Ch. 933, Sec. 3. Effective September 28, 1994.)
The Cash Balance Benefit Program is a specific part of the retirement plan for state teachers in California, offering benefits related to part 14 starting from Section 26000.
“Cash Balance Benefit Program” means the benefit program of the State Teachers’ Retirement Plan as set forth in Part 14 (commencing with Section 26000).
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(Amended by Stats. 1998, Ch. 1048, Sec. 2. Effective January 1, 1999.)
In this section, the terms 'credential,' 'credentials,' and 'certificate' refer to any official documents like diplomas or certificates that are issued according to state laws and allow someone to work in the public school system.
“Credential,” “credentials,” and “certificate” mean any life diploma, credential, certificate, or other document provided for, by, and issued pursuant to the laws of the state that authorize service in the public school system of this state.
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(Added by Stats. 1996, Ch. 634, Sec. 6.5. Effective January 1, 1997.)
'Certificated' refers to someone having the necessary certification or credentials required by state law to be properly employed in a specific job. It ensures that the person meets the qualifications necessary for their position.
“Certificated” means the holding by a person of a credential that is required by the laws of the state to be held as a condition to valid employment in the position in which the person is employed.
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(Added by Stats. 1996, Ch. 634, Sec. 7. Effective January 1, 1997.)
In this section, "child’s portion" or "children’s portion" refers to the money given as part of a disability or survivor benefit meant specifically for dependent children.
“Child’s portion” or “children’s portion” means the amount of a disability allowance, disability retirement allowance, family allowance, or survivor benefit allowance payable for a dependent child or dependent children.
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(Repealed and added by Stats. 1996, Ch. 1165, Sec. 3. Effective January 1, 1997.)
This section defines what a 'class of employees' means for employment in educational programs. It states that employees are grouped together because they perform similar work, participate in the same program, or have other work-related similarities. A class can be made up of just one person if they're unique in their duties but are still in a category commonly used by other employers. Additionally, there's a rule that a governing board can change an employer’s decision about whether someone or a group qualifies as a class. Finally, changes made to this law in 1995-96 officially took effect on July 1, 1996.
(a)CA Education Code § 22112.5(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)CA Education Code § 22112.5(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)CA Education Code § 22112.5(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)CA Education Code § 22112.5(d) The amendments to this section during the 1995–96 Regular Session of the Legislature shall be deemed to have become operative on July 1, 1996.
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(Amended by Stats. 1996, Ch. 1165, Sec. 5. Effective January 1, 1997.)
This law applies to county offices of education that changed their special education programs from running 225 days a year to a schedule with at least 180 regular school days, plus up to 45 extended days, as of July 1, 1998. Employees who worked in the 225-day program before October 1, 1997, can remain in a group where full-time work is considered 216 days per year. They can also choose to join a different employee group with fewer than 216 days, as long as it's more than a minimum standard set by another related law, but they must decide this by June 30, 1998, and it can't be changed later. New employees hired after October 1, 1997, must join the shorter-day group. However, this rule doesn't apply to some employees whose work days are set under different specific rules.
Notwithstanding Section 22112.5, any county office of education that, prior to January 1, 1997, operated a special education program for up to 225 days, and changes that program to a regular school term of not less than 180 school days with an extended school term of not more than 45 days effective July 1, 1998, may consider days of service in defining not more than two classes of employees, subject to the following:
(a)CA Education Code § 22112.6(a) Members employed in the 225-day program prior to October 1, 1997, may remain in a class of employees for whom full-time service is 216 days per school term.
(b)CA Education Code § 22112.6(b) Any of those members may
elect to belong to a second class of employees for whom full-time service is fewer than 216 days per year, but not less than the minimum standard specified in paragraph (1) of subdivision (b) of Section 22138.5, if both of the following conditions exist:
(1)CA Education Code § 22112.6(b)(1) The election is made on or before June 30, 1998, and is effective July 1, 1998.
(2)CA Education Code § 22112.6(b)(2) The election is nonrevocable.
(c)CA Education Code § 22112.6(c) All certificated employees hired on or after October 1, 1997, shall belong to the class of employees specified in subdivision (b).
(d)CA Education Code § 22112.6(d) This section shall not apply to certificated employees whose base school term is determined pursuant to subparagraph (A) or (B) of paragraph (2) of
subdivision (b) of Section 22138.5.
special education program 225 days 180 school days extended school term employees full-time service 216 days election nonrevocable certificated employees subdivision (b) employment class minimum standard school term October 1 1997
(Amended by Stats. 2018, Ch. 416, Sec. 2. (SB 1165) Effective January 1, 2019.)
The term "comparable level position" refers to any job where a person can make at least two-thirds of their adjusted final salary.
“Comparable level position” means any job in which the member can earn 662/3 percent or more of indexed final compensation.
comparable level position indexed final compensation 66 2/3 percent salary employment earnings adjusted final salary member earnings job qualification criteria income threshold financial comparison employment suitability wage replacement salary benchmark compensation percentage earnings requirement employment criteria
(Repealed and added by Stats. 1994, Ch. 933, Sec. 3. Effective September 28, 1994.)
This law defines 'compensation earnable' for retirement fund purposes, detailing that it includes the average annual pay rate and any special pay for a school year, but excludes supplemental pay. If a member works at different pay rates but most of the year is at the highest one, the highest pay rate is used for calculations. There's a cap on how much compensation can be counted. The definition aims to maintain fair treatment across careers and positions, prevent manipulation of benefits, and align with pensionable compensation definitions. If it's suspected compensation was reported to boost benefits, this can be challenged with evidence. Changes from this law will start when the responsible board decides their system is ready, no later than 2027.
(a)CA Education Code § 22115(a) “Compensation earnable” means the sum of the following:
(1)CA Education Code § 22115(a)(1) The average annualized pay rate, which shall be determined as the quotient obtained when salary, as described in Section 22119.3, earned in a school year is divided by the service credited for that salary pursuant to paragraph (1) of subdivision (c) of Section 22701. The quotient shall not exceed the member’s highest annualized pay rate for that school year.
(2)CA Education Code § 22115(a)(2) Special pay, as described in Section 22119.3, for the same school year referenced in paragraph (1).
(b)CA Education Code § 22115(b) If a member earns
salary at multiple annualized pay rates during a school year and service credited at the highest annualized pay rate is at least 0.900 of a year, compensation earnable shall be determined as if all salary for that year had been earned at the highest annualized pay rate.
(c)CA Education Code § 22115(c) Compensation earnable excludes all supplemental pay and any creditable compensation for which contributions are credited by the system to the Defined Benefit Supplement Program.
(d)CA Education Code § 22115(d) Compensation earnable shall not exceed the limits described in Section 22317.5.
(e)CA Education Code § 22115(e) This definition of “compensation earnable” reflects sound principles that support the integrity of the retirement fund. Those principles include, but are not limited to, consistent treatment
of compensation earnable throughout a member’s career, consistent treatment of compensation earnable among an entire class of employees, consistent treatment of compensation earnable for the position, preventing adverse selection, and excluding from compensation earnable remuneration that is paid to enhance a member’s benefits. This definition is also consistent with the definition of “pensionable compensation” under Section 7522.34 of the Government Code for members who are subject to the California Public Employees’ Pension Reform Act of 2013.
(f)CA Education Code § 22115(f) A presumption by the system that creditable compensation was paid or reported to enhance the member’s benefits may be rebutted by the member or by the employer on behalf of the member. Upon receipt of sufficient evidence to the contrary, a presumption by the system that creditable
compensation was paid to enhance the member’s benefits may be reversed.
(g)Copy CA Education Code § 22115(g)
(1)Copy CA Education Code § 22115(g)(1) The board shall determine a date based on when the system has the capacity to implement the changes made by the act that added this subdivision. The date determined by the board shall be posted on the internet website of the system no later than July 1, 2027.
(2)CA Education Code § 22115(g)(2) This section shall become operative on the date determined by the board pursuant to paragraph (1).
compensation earnable average annualized pay rate special pay supplemental pay exclusion highest annualized pay rate retirement fund integrity benefit enhancement prevention creditable compensation enhancement Defined Benefit Supplement Program pensionable compensation Public Employees’ Pension Reform Act adverse selection prevention consistent compensation treatment system presumption rebuttal operational date determination
(Repealed (in Sec. 3) and added by Stats. 2024, Ch. 690, Sec. 4. (AB 1997) Effective January 1, 2025. Conditionally operative as prescribed by its own provisions.)
This section explains that "concurrent membership" applies when someone belongs to the Defined Benefit Program and other specific public retirement systems in California, like the one for state employees or university staff. A person with this status can determine their final salary using specific methods, redeposit any retirement contributions they've made, and apply for retirement under certain conditions.
“Concurrent membership” means membership in the Defined Benefit Program by an individual who is credited with service that is not used as a basis for benefits under any other public retirement system and is also a member 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. A member with concurrent membership shall have the right to the following:
(a)CA Education Code § 22115.2(a) Have final compensation determined pursuant to subdivision (d) of Section
22134 or subdivision (d) of Section 22134.5.
(b)CA Education Code § 22115.2(b) Redeposit accumulated retirement contributions pursuant to Section 23201.
(c)CA Education Code § 22115.2(c) Apply for retirement pursuant to paragraph (2) of subdivision (a) of Section 24201.
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(Amended by Stats. 2016, Ch. 218, Sec. 5. (SB 1352) Effective January 1, 2017.)
This section explains 'concurrent retirement' for members of the State Teachers' Retirement System. It means that you can retire from this system and another public retirement system at the same time or on different dates. However, to qualify, you must not work in a job covered by either retirement system between the two retirement dates. Additionally, if you are a retired member and take a job covered by a public retirement system later, you can no longer have concurrent retirement benefits.
(a)CA Education Code § 22115.5(a) “Concurrent retirement” entitles a member of the Defined Benefit Program to retire for service from the State Teachers’ Retirement System and from at least one of the retirement systems with which the member has concurrent membership, as defined in Section 22115.2, on the same date or on different dates provided that the member does not perform creditable service subject to coverage under the other system or the Defined Benefit Program between the two retirement dates.
(b)CA Education Code § 22115.5(b) A retired member who is subsequently employed in a position subject to membership in a public retirement system, specified in Section 22115.2, shall not be eligible for concurrent retirement.
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(Added by Stats. 1999, Ch. 939, Sec. 9. Effective January 1, 2000.)
This section defines the 'contribution rate for additional service credit' as the rate set by the board for buying additional service time under a retirement benefit plan. This rate is calculated based on the plan's latest financial assessment and adjusted to cover any future increase needs for funding benefits.
“Contribution rate for additional service credit” means the contribution rate adopted by the board as a plan amendment with respect to the Defined Benefit Program for the purchase of service credit. This rate shall be based upon the most recent valuation of the plan with respect to the Defined Benefit Program and increased to include any subsequently required contribution rates designated for funding subsequent allowance increases.
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(Amended by Stats. 1998, Ch. 965, Sec. 2. Effective January 1, 1999.)
This law simply states that whenever you see the word 'county' in this context, it also means 'city and county.'
“County” includes “city and county.”
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(Repealed and added by Stats. 1994, Ch. 933, Sec. 3. Effective September 28, 1994.)
This section simply defines the term 'county superintendent' as the county superintendent of schools.
“County superintendent” means the county superintendent of schools.
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(Repealed and added by Stats. 1994, Ch. 933, Sec. 3. Effective September 28, 1994.)
This law defines "creditable compensation" for teachers and employees in education, detailing what counts as compensation for retirement purposes. It includes salaries, wages, and additional pay common to all employees in the same role. Compensation from sick leave, vacation, and specific retirement plans also qualify. However, certain types of compensation, like non-cash benefits or severance pay, are excluded. The law prevents manipulation of pay to boost retirement benefits unfairly. Employers must report compensation accurately, and failing to do so can lead to legal consequences. This section will be repealed in 2027 unless further action is taken.
(a)CA Education Code § 22119.2(a) “Creditable compensation” means the following remuneration that is paid in cash by an employer to all persons in the same class of employees for performing creditable service in that position:
(1)CA Education Code § 22119.2(a)(1) Salary or wages paid in accordance with a publicly available written contractual agreement, including, but not limited to, a salary schedule or employment agreement.
(2)CA Education Code § 22119.2(a)(2) Remuneration that is paid in addition to salary or wages, provided it is paid to all persons who are in the same class of employees in the same dollar amount, the same percentage of salary or wages, or the same percentage of the amount being distributed.
(b)CA Education Code § 22119.2(b) Creditable compensation shall include:
(1)CA Education Code § 22119.2(b)(1) Remuneration that is paid for the use of sick leave, vacation leave, or an employer-approved compensated leave of absence, except as provided in paragraph (4) of subdivision (d).
(2)CA Education Code § 22119.2(b)(2) Member contributions that are picked up by an employer pursuant to Section 22903 or 22904.
(3)CA Education Code § 22119.2(b)(3) Amounts that are deducted from a member’s remuneration, including, but not limited to, deductions for participation in a deferred compensation plan; deductions to purchase an annuity contract, tax-deferred retirement plan, or insurance program; and contributions to 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)CA Education Code § 22119.2(b)(4) Any other payments the board determines to be “creditable compensation.”
(c)CA Education Code § 22119.2(c) Any creditable compensation determined by the system to have been paid to enhance a member’s benefits shall not be credited under the Defined Benefit Program. Contributions on that compensation shall be credited to the Defined Benefit Supplement Program. A presumption by the system that creditable compensation was paid to enhance a member’s benefits may be rebutted by the member or by the employer on behalf of the member. Upon receipt of sufficient evidence to the contrary, a presumption by the system that creditable compensation was paid to enhance the member’s benefits may be reversed.
(d)CA Education Code § 22119.2(d) “Creditable compensation” does not mean and shall not include:
(1)CA Education Code § 22119.2(d)(1) Remuneration that is not paid in cash or is not paid to all persons who are in the same class of employees.
(2)CA Education Code § 22119.2(d)(2) Remuneration that is paid for service that is not creditable service pursuant to Section 22119.5 or 22119.6.
(3)CA Education Code § 22119.2(d)(3) Remuneration that is paid in addition to salary or wages if it is not paid to all persons in the same class of employees in the same dollar amount, the same percentage of salary or wages, or the same percentage of the amount being distributed pursuant to paragraph (2) of subdivision (a).
(4)CA Education Code § 22119.2(d)(4) Remuneration that is paid in exchange for the relinquishment of
unused accumulated leave.
(5)CA Education Code § 22119.2(d)(5) Payments, including, but not limited to, those for participation in a deferred compensation plan; to purchase an annuity contract, tax-deferred retirement plan, or insurance program; and for contributions to 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 when the cost is covered by an employer and is not deducted from the member’s salary.
(6)CA Education Code § 22119.2(d)(6) Fringe benefits provided by an employer.
(7)CA Education Code § 22119.2(d)(7) Expenses paid or reimbursed by an employer.
(8)CA Education Code § 22119.2(d)(8) Severance pay, including lump-sum and installment payments, or money paid in excess of salary or wages to a member as
compensatory damages or as a compromise settlement.
(9)CA Education Code § 22119.2(d)(9) Any other payments the board determines not to be “creditable compensation.”
(e)CA Education Code § 22119.2(e) An employer or individual who knowingly or willfully reports compensation in a manner inconsistent with subdivision (a), (b), or (d) may be subject to prosecution for fraud, theft, or embezzlement in accordance with the Penal Code. The system may establish procedures to ensure that compensation reported by an employer is in compliance with this section.
(f)CA Education Code § 22119.2(f) 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.
(g)CA Education Code § 22119.2(g) This definition of “creditable compensation” reflects sound principles that support the integrity of the retirement fund. Those principles include, but are not limited to, consistent treatment of compensation throughout a member’s career, consistent treatment of compensation among an entire class of employees, consistent treatment of compensation for the position, preventing adverse selection, and excluding from compensation earnable remuneration that is paid to enhance a member’s benefits. The system shall determine the appropriate crediting of contributions between the Defined Benefit Program and the Defined Benefit Supplement Program according to these principles, to the extent not otherwise specified
pursuant to this part.
(h)CA Education Code § 22119.2(h) The section shall become operative on July 1, 2002.
(i)CA Education Code § 22119.2(i) This section shall not apply to a member subject to the California Public Employees’ Pension Reform Act of 2013.
(j)Copy CA Education Code § 22119.2(j)
(1)Copy CA Education Code § 22119.2(j)(1) The board shall determine a date based on when the system has the capacity to implement the changes made by the act that added this subdivision. The date determined by the board shall be posted on the internet website of the system no later than July 1, 2027.
(2)CA Education Code § 22119.2(j)(2) This section shall become inoperative on the date determined by the board pursuant to paragraph (1), and this section shall be repealed on July 1, 2027.
creditable compensation retirement benefits Defined Benefit Program Defined Benefit Supplement Program employer reporting fraud sick leave remuneration vacation leave remuneration collective bargaining agreement publicly available contractual agreement fringe benefits exclusion consistent treatment of compensation retirement fund integrity California Public Employees’ Pension Reform Act non-cash benefits exclusion
(Amended by Stats. 2024, Ch. 690, Sec. 5. (AB 1997) Effective January 1, 2025. Conditionally inoperative as prescribed by its own provisions. Repealed as of July 1, 2027, by its own provisions.)
The term "creditable compensation" generally refers to payment made in cash by an employer. This includes base pay, which must comply with certain rules like being part of a public pay schedule and not being a bonus under a certain pension reform act. Supplemental pay and compensation for sick or vacation leave can also count if they meet specific criteria. Some forms of payment, like money for unused leave, severance pay, or compensatory damages, don't count as creditable compensation. There's a cap on creditable compensation for pension calculations, and if employers report compensation wrongfully, they could face legal consequences. The law will be fully applied once the responsible board sets a date, no later than July 1, 2027.
(a)CA Education Code § 22119.3(a) “Creditable compensation” means the following remuneration that is paid in cash by an employer:
(1)CA Education Code § 22119.3(a)(1) “Base pay,” which shall be used exclusively to determine compensation earnable and shall meet all the following criteria:
(A)CA Education Code § 22119.3(a)(1)(A) Is either of the following:
(i)CA Education Code § 22119.3(a)(1)(A)(i) Salary established pursuant to a publicly available pay schedule.
(ii)CA Education Code § 22119.3(a)(1)(A)(ii) Special pay established pursuant to a publicly available agreement.
(B)CA Education Code § 22119.3(a)(1)(B) Is paid for
performing creditable service up to the full-time equivalent.
(C)CA Education Code § 22119.3(a)(1)(C) Is paid to all persons in the same class of employees who meet the requirements specified in a publicly available pay schedule or publicly available agreement provided that those requirements are permitted by the board in accordance with regulations.
(D)CA Education Code § 22119.3(a)(1)(D) Is not paid a limited number of times.
(E)CA Education Code § 22119.3(a)(1)(E) Is not a bonus for members who are subject to the California Public Employees’ Pension Reform Act of 2013.
(2)CA Education Code § 22119.3(a)(2) “Supplemental pay” is any compensation that does not meet the criteria for base pay and is not otherwise excluded from this definition of creditable compensation pursuant to subdivision
(c).
(b)CA Education Code § 22119.3(b) Except as otherwise prohibited pursuant to subdivision (c), “creditable compensation” shall include:
(1)CA Education Code § 22119.3(b)(1) Remuneration that is paid for the use of sick leave, vacation leave, or an employer-approved compensated leave of absence, except as provided in paragraph (4) of subdivision (c).
(2)CA Education Code § 22119.3(b)(2) Member contributions that are picked up by an employer pursuant to Section 22903 or 22904.
(3)CA Education Code § 22119.3(b)(3) Amounts that are deducted from a member’s remuneration, including, but not limited to, deductions for participation in a deferred compensation plan; deductions to purchase an annuity contract, tax-deferred retirement plan, or insurance program; and contributions to 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)CA Education Code § 22119.3(b)(4) Notwithstanding paragraphs (6) and (8) of subdivision (c) of Section 7522.34 of the Government Code, remuneration that is paid for creditable service that exceeds one year in a school year.
(c)CA Education Code § 22119.3(c) “Creditable compensation” does not mean and shall not include:
(1)CA Education Code § 22119.3(c)(1) Remuneration that is not paid in cash.
(2)CA Education Code § 22119.3(c)(2) Remuneration that is paid in exchange for the relinquishment of unused accumulated leave.
(3)CA Education Code § 22119.3(c)(3) Payments, including, but not limited to, those for participation in a
deferred compensation plan; to purchase an annuity contract, tax-deferred retirement plan, or insurance program; and for contributions to 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 when the cost is covered by an employer.
(4)CA Education Code § 22119.3(c)(4) Fringe benefits provided by an employer.
(5)CA Education Code § 22119.3(c)(5) Expenses paid or reimbursed by an employer.
(6)CA Education Code § 22119.3(c)(6) Severance pay, including lump-sum and installment payments.
(7)CA Education Code § 22119.3(c)(7) Compensation paid in excess of base pay to a member as compensatory damages or as a compromise settlement.
(8)CA Education Code § 22119.3(c)(8) Creditable
compensation determined by the system to have been paid to enhance a member’s benefit.
(9)CA Education Code § 22119.3(c)(9) Compensation paid to the member in lieu of benefits provided to the member by the employer or paid directly by the employer to a third party other than the system for the benefit of the member.
(10)CA Education Code § 22119.3(c)(10) Any employer-provided allowance, reimbursement, or payment, including, but not limited to, one made for housing, vehicle, or uniform.
(11)CA Education Code § 22119.3(c)(11) Any other payments the board determines not to be “creditable compensation.”
(d)CA Education Code § 22119.3(d) Except for purposes of calculating credited service in the Defined Benefit Program and for reporting annualized pay rates, creditable compensation
in any fiscal year shall not exceed the limits described in Section 22317.5.
(e)CA Education Code § 22119.3(e) An employer or individual who knowingly or willfully reports compensation in a manner inconsistent with this section or Section 22104.8 may be subject to prosecution for fraud, theft, or embezzlement in accordance with the Penal Code. The system may establish procedures to ensure that compensation reported by an employer is in compliance with this section.
(f)CA Education Code § 22119.3(f) This definition of “creditable compensation” is consistent with subdivision (e) of Section 22115.
(g)Copy CA Education Code § 22119.3(g)
(1)Copy CA Education Code § 22119.3(g)(1) The board shall determine a date based on when the system has the capacity to implement the changes made by the act that added this subdivision. The date determined
by the board shall be posted on the internet website of the system no later than July 1, 2027.
(2)CA Education Code § 22119.3(g)(2) This section shall become operative on the date determined by the board pursuant to paragraph (1).
creditable compensation base pay supplemental pay publicly available pay schedule California Public Employees' Pension Reform Act sick leave vacation leave employer-provided allowance severance pay compensatory damages employer compliance pension calculations Defined Benefit Program reporting limits fraud prosecution
(Repealed (in Sec. 6) and added by Stats. 2024, Ch. 690, Sec. 7. (AB 1997) Effective January 1, 2025. Conditionally operative as prescribed by its own provisions.)
This section describes what "creditable service" means, which refers to work in a job that makes you eligible for membership in a certain system. The board in charge will decide a specific date when changes to this definition will take effect. They'll announce this date online by July 1, 2027. These changes won't start until the board picks the date.
(a)CA Education Code § 22119.5(a) “Creditable service” means service in a position subject to membership.
(b)Copy CA Education Code § 22119.5(b)
(1)Copy CA Education Code § 22119.5(b)(1) The board shall determine a date based on when the system has the capacity to implement the changes made by the act that added this subdivision. The date determined by the board shall be posted on the internet website of the system no later than July 1, 2027.
(2)CA Education Code § 22119.5(b)(2) This section shall become operative on the date determined by
the board pursuant to paragraph (1).
creditable service membership position implementation date system capacity board determination effective date online posting July 1 2027 operative date system changes
(Repealed (in Sec. 8) and added by Stats. 2024, Ch. 690, Sec. 9. (AB 1997) Effective January 1, 2025. Conditionally operative as prescribed by its own provisions.)
This section explains that certain work activities done on or before December 31, 2015, which may not fit the usual description of 'creditable service' but were reported as such, are still considered valid. However, if someone starts a new job on or after January 1, 2016, any similar activities must meet the updated criteria for creditable service.
(a)CA Education Code § 22119.6(a) Creditable service shall also include any activities that do not meet the definition of creditable service under Section 22119.5, but were performed for any employer, as defined in Section 22131, on or before December 31, 2015, and were reported as creditable service to the system.
(b)CA Education Code § 22119.6(b) The type of activities described in subdivision (a) performed by a member who becomes employed by the same or a different employer in a new position on or after January 1, 2016, shall be subject to Section 22119.5.
creditable service activities employer December 31 2015 January 1 2016 employment reported service Section 22119.5 new position system reporting creditable activities employed by same employer different employer member employment
(Added by Stats. 2015, Ch. 782, Sec. 5. (AB 963) Effective January 1, 2016.)
The term 'credited interest' refers to the interest added to the retirement and annuity savings of both active and inactive members, and this rate is determined yearly by the board for the Defined Benefit Program.
“Credited interest” means interest that is credited to active members’ and inactive members’ accumulated retirement contributions and accumulated annuity deposit contributions at a rate set annually by the board as a plan amendment with respect to the Defined Benefit Program.
credited interest active members inactive members annual rate board decision accumulated contributions annuity deposit defined benefit program retirement savings member contributions interest rate policy financial terms retirement contributions account growth plan amendment
(Amended by Stats. 2016, Ch. 218, Sec. 6. (SB 1352) Effective January 1, 2017.)
This law section explains what "credited service" means in the context of retirement benefits. It covers two main areas: first, it includes service where contributions have been or would have been paid, considering certain contribution limits. Second, it specifies that for some benefit eligibility calculations, credited service also includes a small additional amount granted under certain conditions. Lastly, the law gives the board authority to set a date by which these changes will be implemented, with a deadline to announce this date by mid-2027.
(a)CA Education Code § 22121(a) “Credited service” means service for which the required contributions have been paid and service for which required contributions would have been paid in absence of the limits described in Section 22317.5.
(b)CA Education Code § 22121(b) “Credited service” for the limited purpose of determining eligibility for benefits pursuant to Section 22134.5, 24203.5, or 24203.6 also includes up to two-tenths of one year of service granted pursuant to Section 22717.
(c)Copy CA Education Code § 22121(c)
(1)Copy CA Education Code § 22121(c)(1) The board shall determine a date based on when the system has the capacity to implement the changes made by the act that added this subdivision. The
date determined by the board shall be posted on the internet website of the system no later than July 1, 2027.
(2)CA Education Code § 22121(c)(2) This section shall become operative on the date determined by the board pursuant to paragraph (1).
credited service retirement benefits contributions eligibility benefit calculations service time additional service Section 22317.5 Section 22134.5 Section 24203.5 Section 24203.6 Section 22717 board determination implementation date system capacity
(Repealed (in Sec. 10) and added by Stats. 2024, Ch. 690, Sec. 11. (AB 1997) Effective January 1, 2025. Conditionally operative as prescribed by its own provisions.)
This law defines a 'custodian' as a bank or trust company that manages the safekeeping and administration of investments for a fund, handling things like security delivery, valuation, and performance reporting.
“Custodian” as used in Section 22359, means any bank or trust company that serves as custodian for safekeeping, delivery, securities valuation, investment performance reporting, and other services in connection with investment of the fund.
custodian bank trust company safekeeping delivery securities valuation investment performance reporting investment services fund management 22359
(Amended by Stats. 1996, Ch. 634, Sec. 11. Effective January 1, 1997.)
This section specifies that a 'death payment' is the money given when a member dies, according to certain other sections of the law.
“Death payment” means the amount payable upon the death of a member pursuant to Section 23801, 23851, or 23880.
death payment member death 23801 23851 23880 amount payable beneficiary entitlements survivor benefits death benefit process educational contributions payment upon death members' survivors state education retirement death-related claims payment eligibility
(Added by Stats. 1996, Ch. 634, Sec. 12. Effective January 1, 1997.)
This section explains that the "Defined Benefit Program" refers to a specific retirement plan for teachers in the state.
“Defined Benefit Program” means the Defined Benefit Program provided in the State Teachers’ Retirement Plan as set forth in this part.
Defined Benefit Program State Teachers’ Retirement Plan teacher retirement retirement benefits pension plan retirement program educator benefits public school teachers retirement plan definition California teachers
(Amended by Stats. 1998, Ch. 1048, Sec. 3. Effective January 1, 1999.)
This law section explains that 'Defined Benefit Supplement contributions' are the contributions made by both a member and their employer, which are then added by the system to the member’s specific account for additional retirement benefits.
“Defined Benefit Supplement contributions” means member contributions and employer contributions that are credited by the system to the member’s Defined Benefit Supplement account pursuant to Section 25004.
Defined Benefit Supplement member contributions employer contributions account crediting retirement benefits Section 25004 contribution system benefits account member account employer participation retirement savings supplement contributions financial planning
(Added by Stats. 2000, Ch. 74, Sec. 10. Effective January 1, 2001.)
This law explains who qualifies as a 'dependent child' under disability and family allowance programs. A dependent child is an unmarried child or stepchild under 22, relying on the member for financial support when the member becomes disabled or dies. It includes children born within ten months of these events or those adopted by the member. However, it doesn't cover children adopted by someone else, stepchildren, or adopted children after the member's death unless they were financially supported by the member. Financial dependency means the member provided at least half of the child's support, and proof like tax records might be needed. The term 'member' refers to a specific definition from another section.
(a)CA Education Code § 22123(a) “Dependent child” or “dependent children” under the disability allowance and family allowance programs means a member’s unmarried offspring or stepchild who is under 22 years of age and who is financially dependent upon the member on the effective date of the member’s disability allowance or the date of the member’s death.
(b)CA Education Code § 22123(b) “Offspring” shall include the member’s child who is born within the 10-month period commencing on the earlier of the member’s disability allowance effective date or the date of the member’s death.
(c)CA Education Code § 22123(c) “Offspring” shall include a child adopted by the member.
(d)CA Education Code § 22123(d) “Dependent child” shall not include the member’s offspring or stepchild who is adopted by a person other than the member’s spouse.
(e)CA Education Code § 22123(e) “Dependent child” under the family allowance program shall not include:
(1)CA Education Code § 22123(e)(1) The member’s offspring or stepchild who was financially dependent on the member on the date of the member’s death if a disability allowance was payable to the member prior to his or her death and the disability allowance did not include an amount payable for that offspring or stepchild.
(2)CA Education Code § 22123(e)(2) A stepchild or adopted child acquired subsequent to the death of the member.
(f)CA Education Code § 22123(f) “Financially dependent” for purposes of this section means that at least one-half of the child’s support was being provided by the member on the member’s disability allowance effective date or the date of the member’s death. The system may require that income tax records or other data be submitted to substantiate the child’s financial dependence. In the absence of substantiating documentation, the system may determine that the child was not dependent on the effective date of the member’s disability allowance or the date of the member’s death.
(g)CA Education Code § 22123(g) “Member” as used in this section shall have the same meaning specified in Section 23800.
dependent child disability allowance family allowance programs unmarried offspring stepchild financial dependency member’s disability member’s death adopted child financial support tax records substantiating documentation member definition support verification disability allowance effective date
(Amended by Stats. 2006, Ch. 655, Sec. 4. Effective January 1, 2007.)
This section clarifies who qualifies as a 'dependent child' for disability retirement and survivor benefits. A 'dependent child' must be a member's biological or stepchild, under 21, financially dependent on the member when they retire due to a disability or pass away. Children born within 10 months of the member’s retirement or death, or adopted children, are also included. However, if a child is adopted by someone other than the member’s spouse, they are not considered dependent. Financial dependence means the member provided at least half of the child's support, which must be proven if questioned.
(a)CA Education Code § 22123.5(a) “Dependent child” or “dependent children” under the disability retirement and survivor benefit allowance programs means a member’s offspring or stepchild who is under 21 years of age and who is financially dependent upon the member on the effective date of the member’s disability retirement or the date of the member’s death.
(b)CA Education Code § 22123.5(b) “Offspring” shall include the member’s child who is born within the 10-month period commencing on the earlier of the member’s disability retirement effective date or the date of the member’s death.
(c)CA Education Code § 22123.5(c) “Offspring” shall include a child adopted by the member.
(d)CA Education Code § 22123.5(d) “Dependent child” shall not include the member’s offspring or stepchild who is adopted by a person other than the member’s spouse.
(e)CA Education Code § 22123.5(e) “Dependent child” under the survivor benefit allowance program shall not include a stepchild or adopted child acquired subsequent to the death of the member.
(f)CA Education Code § 22123.5(f) “Financially dependent” for purposes of this section means that at least one-half of the child’s support was being provided by the member on the member’s disability retirement effective date or the date of the member’s death. The system may require that income tax records or other data be submitted to substantiate the child’s financial dependence. In the absence of substantiating documentation, the system may determine that the child was not dependent on the effective date of the member’s disability retirement or the date of the member’s death.
(g)CA Education Code § 22123.5(g) “Member” as used in this section shall have the same meaning specified in Section 23850.
dependent child disability retirement survivor benefit allowance financially dependent stepchild adopted child child's support income tax records member's death offspring definition
(Amended by Stats. 2006, Ch. 655, Sec. 5. Effective January 1, 2007.)
This law defines a 'dependent parent' as either a biological or adoptive parent of a person who has died, if the adoption occurred before the person turned 18 or got married, and if the parent was financially supported by that person for at least half of their expenses at the time of their death.
“Dependent parent” means a natural parent of a member, or a parent who adopted the member prior to the earlier of the occurrence of the member’s marriage or his or her attaining 18 years of age, and who was receiving one-half or more of his or her support from the member at the time of the member’s death.
dependent parent natural parent adoptive parent financial support member's death adoption before marriage adoption before age 18 parent support half support requirement parental dependency death benefits eligibility
(Amended by Stats. 1996, Ch. 634, Sec. 14. Effective January 1, 1997.)
This law defines "disability" as a physical or mental condition that can be proven medically and is either permanent or expected to last for at least a year. This condition must stop someone from doing their normal work duties or similar duties with reasonable adjustments. It doesn't consider injuries that a person intentionally causes to themselves as a disability.
“Disability” or “disabled” means any medically determinable physical or mental impairment that is permanent or that can be expected to last continuously for at least 12 months, measured from the onset of the disability, but no earlier than the day following the last day of actual performance of service that prevents a member from performing the member’s usual duties for the member’s employer, the member’s usual duties for the member’s employer with reasonable modifications, or the duties of a comparable level position for which the member is qualified or can become qualified within a reasonable period of time by education, training, or experience. Any impairment from a willful self-inflicted injury shall not constitute a
disability.
disability definition mental impairment physical impairment permanent condition 12 months reasonable modifications work duties self-inflicted injury qualified position education training experience employer duties comparable position reasonable period
(Amended by Stats. 2010, Ch. 207, Sec. 2. (AB 2260) Effective January 1, 2011.)
This law defines "disability allowance" as the monthly payment given to a member who is unable to work due to disability.
“Disability allowance” means the amount payable to a disabled member on a monthly basis.
disability allowance monthly payment disabled member unable to work disability benefits member payment disability support financial assistance disability income member compensation
(Amended by Stats. 1996, Ch. 634, Sec. 17. Effective January 1, 1997.)
This section defines a 'disability benefit' as the money a member can receive from their Defined Benefit Supplement account if they're disabled or have retired due to a disability. The payment is based on their account balance and follows specific rules outlined in related sections.
“Disability benefit” means the amount payable under the Defined Benefit Supplement Program based on the balance of credits in a member’s Defined Benefit Supplement account to either a disabled member pursuant to Section 24005 or to a member who retired for disability pursuant to Section 24105.
disability benefit Defined Benefit Supplement Program balance of credits disabled member retired for disability Defined Benefit Supplement account payment Section 24005 Section 24105 retirement due to disability financial payout member account balance
(Added by Stats. 2000, Ch. 74, Sec. 11. Effective January 1, 2001.)
This law defines "early retirement" and "early retirement age" as starting at age 55. At this age, members of the Defined Benefit Program can start receiving retirement benefits, although the amount may be reduced since they are retiring early.
“Early retirement” and “early retirement age” mean the age of 55 years, which is the age upon attainment of which the member becomes eligible under the Defined Benefit Program for a service retirement allowance with reduction because of age and without special qualifications.
early retirement early retirement age age 55 service retirement allowance Defined Benefit Program retirement benefits age reduction retirement eligibility member benefits pension reduction early pension defined benefit retirement age service retirement retirement program
(Amended by Stats. 2000, Ch. 1025, Sec. 2. Effective January 1, 2001.)
This section defines what counts as an 'educational institution.' It includes any accredited public or private school that focuses on classroom teaching, like high schools, colleges, universities, and trade or vocational schools.
“Educational institution” means any accredited public or private institution whose primary purpose is to provide classroom teaching and includes a high school, trade or vocational school or college, community college, or other college or university.
accredited institution classroom teaching high school vocational school college community college university public school private school education definition teaching purpose trade school accreditation educational purpose
(Amended by Stats. 1996, Ch. 634, Sec. 19. Effective January 1, 1997.)
The term “Effective date” refers to the day when a payment or benefit is set to start being paid out.
“Effective date” means the date upon which the benefit becomes payable.
effective date benefit payment start payable date begin payment payment schedule benefit commencement date of effectiveness start of benefits initiation of payments date payment begins benefits activation date commencement date beginning of payment period payment initiation
(Amended by Stats. 1996, Ch. 634, Sec. 20. Effective January 1, 1997.)
This section defines "employer" or "employing agency" to include the state, its agencies, and political subdivisions like joint powers authorities, which are collaborations between different entities. For a joint powers authority to qualify, it must follow the Joint Exercise of Powers Act, involve entities where qualifying service is performed, and report through a single county office of education. Additionally, the plan must comply with federal rules for governmental plans under the IRS code.
(a)Copy CA Education Code § 22131(a)
(1)Copy CA Education Code § 22131(a)(1) “Employer” or “employing agency” means the state or any agency or political subdivision thereof, including, but not limited to, a joint powers authority, for which creditable service subject to coverage by the plan is performed.
(2)CA Education Code § 22131(a)(2) In the case of a joint powers authority, all of the following criteria shall be met:
(A)CA Education Code § 22131(a)(2)(A) The joint powers authority shall be formed pursuant to the Joint Exercise of Powers Act (Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code).
(B)CA Education Code § 22131(a)(2)(B) All entities included in the joint powers authority shall be entities at which creditable service subject to coverage by the plan is performed.
(C)CA Education Code § 22131(a)(2)(C) The joint powers authority shall report through a single county office of education, with that county superintendent having responsibility for activities specified under this part, including but not limited to, reporting and remitting contributions.
(b)CA Education Code § 22131(b) This section shall be administered in compliance with the requirements defining a governmental plan set forth in Section 414(d) of the Internal Revenue Code of 1986 (26 U.S.C. Sec. 414(d)).
employer definition employing agency political subdivision joint powers authority Joint Exercise of Powers Act county office of education reporting responsibilities governmental plan Internal Revenue Code Section 414(d) creditable service coverage plan remitting contributions superintendent responsibility federal compliance eligibility criteria
(Amended by Stats. 2014, Ch. 755, Sec. 10. (SB 1220) Effective January 1, 2015.)
This section explains that when the terms “employed” or “employment” are used, they refer to jobs that count towards a retirement plan, specifically the Defined Benefit Program or the Defined Benefit Supplement Program, unless it explicitly says otherwise.
“Employed” or “employment” means employment to perform creditable service subject to coverage under the Defined Benefit Program or the Defined Benefit Supplement Program, except as otherwise specifically provided under this part.
Defined Benefit Program Defined Benefit Supplement Program creditable service retirement plan coverage employment coverage educational employment California retirement teacher retirement employment terms public school employment
(Amended by Stats. 2000, Ch. 74, Sec. 12. Effective January 1, 2001.)
This law section defines the term “exclusive representative” by referencing another part of the Government Code where it is detailed further. Essentially, it points to a specific definition already established elsewhere.
“Exclusive representative” means an exclusive representative as defined in subdivision (e) of Section 3540.1 of the Government Code.
exclusive representative Section 3540.1 Government Code definition representative clarification union representation labor relations employee bargaining agent California education code public sector unions negotiation rights collective bargaining subdivision (e) employment terms worker representation
(Added by Stats. 2022, Ch. 754, Sec. 1. (AB 1667) Effective January 1, 2023.)
This section defines a 'family allowance' as the money given to certain survivors who qualify under specific conditions after June 30, 1972, according to rules starting from Section 23800.
“Family allowance” means amounts payable to eligible survivors provided pursuant to Chapter 22 (commencing with Section 23800) after June 30, 1972.
family allowance eligible survivors Section 23800 payments post-June 1972 widow benefits survivor benefits financial support Chapter 22 education code California benefits death benefits survivor payments beneficiary eligibility 1972 provisions
(Repealed and added by Stats. 1994, Ch. 933, Sec. 3. Effective September 28, 1994.)
This section defines "final benefit" as the amount of money that is paid to the beneficiary when someone enrolled in the Defined Benefit Supplement Program dies.
“Final benefit” means the amount payable to a beneficiary under the Defined Benefit Supplement Program upon the death of the member.
final benefit Defined Benefit Supplement Program beneficiary payment death of member amount payable defined benefit supplement program beneficiary rights member death payment process
(Added by Stats. 2000, Ch. 74, Sec. 13. Effective January 1, 2001.)
This law defines how to determine the 'final compensation' for calculating retirement benefits under the Defined Benefit Program. It focuses on finding the highest average salary during any 36-month period of a member's service. If there are gaps in employment, those can be combined if the conditions are right. It also accounts for periods where salary might be reduced due to reduced school funding. Different service periods around school terms can count towards the 36-month period. For those retiring with rights in another system, certain conditions allow the use of potential full-time earnings to calculate benefits. Special adjustments apply to part-time service before July 1, 1956. Additionally, different rules apply when a benefit calculation does not use service credits. Other clarifications ensure amendments reflect existing laws.
(a)CA Education Code § 22134(a) “Final compensation” means the highest average annual compensation earnable, as defined by Section 22115, by a member during any period of 36 consecutive months of service while an active member of the Defined Benefit Program or time during which he or she was not a member but for which the member has received credit under the Defined Benefit Program, except time that was so credited for service performed outside this state prior to July 1, 1944.
(b)CA Education Code § 22134(b) For purposes of this section, periods of service separated by breaks in service or by periods in which a member’s salary was reduced because of a reduction in school funds as certified by the employer may be aggregated, if the periods
of service are consecutive except for the breaks or periods of salary reduction.
(c)CA Education Code § 22134(c) The following shall be considered periods of service for the purpose of determining final compensation:
(1)CA Education Code § 22134(c)(1) The full pay period if the member earns creditable compensation within that pay period, but not beyond the benefit effective date except as provided in paragraph (3).
(2)CA Education Code § 22134(c)(2) The months of the school year preceding the school term if the member earns creditable compensation during the first pay period of that school term.
(3)CA Education Code § 22134(c)(3) The months of the school year following the school term if the member earns creditable compensation during the last pay period of that school
term.
(4)CA Education Code § 22134(c)(4) Any period that is excluded from the school term if a member earns creditable compensation during the pay periods immediately preceding and immediately following the excluded period.
(d)CA Education Code § 22134(d) For purposes of determining the final compensation of a member who is eligible for concurrent retirement as defined in Section 22115.5, the compensation a person could earn for services rendered on a full-time basis under a retirement system with which the member has concurrent membership, as defined in Section 22115.2, shall be considered compensation earnable, provided that both of the following exist:
(1)CA Education Code § 22134(d)(1) The compensation under the other system was not earned during the periods of service determined pursuant to
subdivision (c) under the Defined Benefit Program.
(2)CA Education Code § 22134(d)(2) Retirement for service under the Defined Benefit Program is concurrent with the member’s retirement for service under the other system pursuant to Section 22115.5.
(e)CA Education Code § 22134(e) The creditable compensation for the first school year in which a member earned creditable compensation shall be used when additional months of creditable compensation are required for the purpose of determining final compensation.
(f)CA Education Code § 22134(f) If a member has received service credit for part-time service performed prior to July 1, 1956, the member’s final compensation shall be adjusted for that service in excess of one year by the ratio that part-time service bears to full-time service.
(g)CA Education Code § 22134(g) For purposes of calculating a benefit that does not include service credit, final compensation shall be the highest average annual creditable compensation earned by a member during any period of 36 consecutive months of service, excluding compensation for which contributions are credited to the Defined Benefit Supplement Program. Final compensation determined pursuant to this subdivision shall not exceed the amount determined pursuant to subdivision (a).
(h)CA Education Code § 22134(h) The amendment of former Section 22127 made by Chapter 782 of the Statutes of 1982 does not constitute a change in, but is declaratory of, the existing law.
final compensation Defined Benefit Program average annual compensation consecutive months breaks in service salary reduction school term concurrent retirement creditable compensation part-time service adjustment service credit exclusions benefit calculation retirement system overlap compensation earnable salary aggregation
(Amended by Stats. 2018, Ch. 416, Sec. 3. (SB 1165) Effective January 1, 2019.)
This section outlines how "final compensation" is determined for members of the Defined Benefit Program. It considers the highest average salary over 12 consecutive months, accounting for certain breaks and types of service. It also specifies how periods of service are considered, including those surrounding a school year, and adjusts for part-time work before mid-1956. It details provisions for those eligible for concurrent retirement in different systems, ensuring only full-time equivalent compensation counts. Members need 25 years of credited service for this section to apply unless they fall under specific exemptions. Finally, it doesn't apply to those affected by the California Public Employees’ Pension Reform Act of 2013.
(a)CA Education Code § 22134.5(a) Notwithstanding Section 22134, “final compensation” means the highest average annual compensation earnable, as defined in Section 22115, by a member during any period of 12 consecutive months of service while an active member of the Defined Benefit Program or time during which he or she was not a member but for which the member has received credit under the Defined Benefit Program, except time that was so credited for service performed outside this state prior to July 1, 1944.
(b)CA Education Code § 22134.5(b) For purposes of this section, periods of service separated by breaks in service may be aggregated, if the periods of service are consecutive except for the breaks.
(c)CA Education Code § 22134.5(c) The following shall be considered periods of service for the purpose of determining final compensation:
(1)CA Education Code § 22134.5(c)(1) The full pay period if the member earns creditable compensation within that pay period, but not beyond the benefit effective date except as provided in paragraph (3).
(2)CA Education Code § 22134.5(c)(2) The months of the school year preceding the school term if the member earns creditable compensation during the first pay period of that school term.
(3)CA Education Code § 22134.5(c)(3) The months of the school year following the school term if the member earns creditable compensation during the last pay period of that school term.
(4)CA Education Code § 22134.5(c)(4) Any period that is
excluded from the school term if a member earns creditable compensation during the pay periods immediately preceding and immediately following the excluded period.
(d)CA Education Code § 22134.5(d) For purposes of determining the final compensation of a member who is eligible for concurrent retirement as defined in Section 22115.5, the compensation a person could earn for services rendered on a full-time basis under a retirement system with which the member has concurrent membership, as defined in Section 22115.2, shall be considered compensation earnable, provided that both of the following exist:
(1)CA Education Code § 22134.5(d)(1) The compensation under the other system was not earned during the periods of service determined pursuant to subdivision (c)
under the Defined Benefit Program.
(2)CA Education Code § 22134.5(d)(2) Retirement for service under the Defined Benefit Program is concurrent with the member’s retirement for service under the other system pursuant to Section 22115.5.
(e)CA Education Code § 22134.5(e) If a member has received service credit for part-time service performed prior to July 1, 1956, the member’s final compensation shall be adjusted for that service in excess of one year by the ratio that part-time service bears to full-time service.
(f)CA Education Code § 22134.5(f) For purposes of calculating a benefit that does not include service credit, final compensation shall be the highest average annual creditable compensation earned by a member during any period of 12 consecutive months of service, excluding compensation for which
contributions are credited to the Defined Benefit Supplement Program. Final compensation determined pursuant to this subdivision shall not exceed the amount determined pursuant to subdivision (a).
(g)CA Education Code § 22134.5(g) This section shall apply to the following:
(1)CA Education Code § 22134.5(g)(1) A member who has 25 or more years of credited service, excluding service credited pursuant to the following:
(A)CA Education Code § 22134.5(g)(1)(A) Section 22714.
(B)CA Education Code § 22134.5(g)(1)(B) Section 22715.
(C)CA Education Code § 22134.5(g)(1)(C) Section 22717, except as provided in subdivision (c) of Section 22121.
(D)CA Education Code § 22134.5(g)(1)(D) Section 22826.
(2)CA Education Code § 22134.5(g)(2) A nonmember spouse, if the member had 25 or more years of credited service, as calculated in paragraph (1), on the date the parties separated, as established in the judgment or court order pursuant to Section 22652.
(3)CA Education Code § 22134.5(g)(3) This section shall not apply to a member subject to the California Public Employees’ Pension Reform Act of 2013.
final compensation Defined Benefit Program 12 consecutive months service breaks creditable compensation school year period concurrent retirement part-time service adjustment service credit 25 years credited service nonmember spouse California Public Employees’ Pension Reform Act of 2013
(Amended by Stats. 2018, Ch. 416, Sec. 4. (SB 1165) Effective January 1, 2019.)
This law defines "final compensation" for classroom teachers retiring, becoming disabled, or passing away after June 30, 1990, who are not covered by the 2013 pension reform and are active members of the Defined Benefit Program. It specifies which teachers count as "classroom teachers" based on their roles and time spent providing direct instruction or services. It also details the financial mechanisms for accruing and paying increased allowances through trust funds if an employer adopts this section with a union agreement before January 1, 2014. Employers must notify employees of their options regarding retirement plans and certify eligibility when benefits are due. For nonmember spouses, final compensation and reimbursements also follow specified rules.
(a)CA Education Code § 22135(a) Notwithstanding subdivision (a) of Section 22134, “final compensation” means the highest average annual compensation earnable, as defined by Section 22115, by an active member who is a classroom teacher not subject to the California Public Employees’ Pension Reform Act of 2013 and who retires, becomes disabled, or dies, after June 30, 1990, during any period of 12 consecutive months while an active member of the Defined Benefit Program.
(b)CA Education Code § 22135(b) Section 22134, except subdivision (a) of that section, shall apply to classroom teachers who retire after June 30, 1990, and any statutory reference to Section 22134 or “final compensation” with respect to a classroom teacher who retires,
becomes disabled, or dies, after June 30, 1990, shall be deemed to be a reference to
this section.
(c)CA Education Code § 22135(c) As used in this section, “classroom teacher” means any of the following:
(1)CA Education Code § 22135(c)(1) All teachers and substitute teachers in positions requiring certification qualifications who spend, during the last 10 years of their employment with the same employer which immediately precedes their retirement, 60 percent or more of their contract time each year providing direct instruction. For the purpose of determining continuity of employment within the meaning of this subdivision, an authorized leave of absence for sabbatical or illness or other collectively bargained or employer-approved leaves shall not constitute a break in service.
(2)CA Education Code § 22135(c)(2) Other certificated personnel who spend, during the last 10 years
of their employment with the same employer that immediately precedes their retirement, 60 percent or more of their
contract time each year providing direct services to pupils, including, but not limited to, librarians, counselors, nurses, speech therapists, resource specialists, audiologists, audiometrists, hygienists, optometrists, psychologists, driver safety instructors, and personnel on special assignment to perform school attendance and adjustment services.
(d)CA Education Code § 22135(d) As used in this section, “classroom teacher” does not include any of the following:
(1)CA Education Code § 22135(d)(1) Certificated employees whose job descriptions require an administrative credential.
(2)CA Education Code § 22135(d)(2) Certificated employees whose job descriptions include responsibility for supervision of certificated staff.
(3)CA Education Code § 22135(d)(3) Certificated employees who serve as advisers, coordinators, consultants, or developers or planners of curricula, instructional materials, or programs, who spend, during the last 10 years of their employment with the same employer that immediately precedes their retirement, less than 60 percent of their contract time in direct instruction.
(4)CA Education Code § 22135(d)(4) Certificated employees whose job descriptions require provision of direct instruction or services, but who are functioning in nonteaching assignments.
(5)CA Education Code § 22135(d)(5) Classified employees.
(e)CA Education Code § 22135(e) This section shall apply only to teachers employed by an employer that has, pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, entered
into, extended, renewed, or amended a written agreement with an exclusive representative, prior to January 1, 2014, that makes this section applicable to all of its classroom teachers, as defined in subdivision (c).
(f)CA Education Code § 22135(f) The written agreement shall include a mechanism to pay for all increases in allowances provided for by this section through employer contributions or employee contributions or both, which shall be collected and retained by the employer in a trust fund to be used solely and exclusively to pay the system for all increases in allowances provided by this section and related administrative costs; and a mechanism for disposition of the employee’s contributions if employment is terminated before retirement, and for the establishment of a trust fund board. The trust fund board shall administer the trust fund and shall be composed of an
equal number of members representing classroom teachers chosen by the bargaining agent and the employer. If the employer agrees to pay the total cost of increases in allowances, the establishment of a trust fund and a trust fund board shall be optional to the employer. The employer, within 30 days of receiving an invoice from the system, shall reimburse the retirement fund the amount determined by the Teachers’ Retirement Board to be the actuarial equivalent of the difference between the allowance the member or beneficiary receives pursuant to this section and the allowance the member or beneficiary would have received if the member’s final compensation had been computed under Section 22134 and the proportionate share of the cost to the plan’s Defined Benefit Program, as determined by the Teachers’ Retirement Board, of administering this section. The payment shall include the cost of all
increases in allowances provided for by this section for all years of service credited to the member as of the benefit effective date. Interest shall be charged at the regular interest rate for any payment not received within 30 days of receipt of the invoice. Payments not received within 30 days after receipt of the invoice may be collected pursuant to Section 23007.
(g)CA Education Code § 22135(g) Upon the execution of the agreement, the employer shall notify all certificated employees of the agreement and any certificated employee of the employer, who is a member of the Public Employees’ Retirement System pursuant to Section 22508, that he or she may, within 60 days following the date of notification, elect to terminate his or her membership in the Public Employees’ Retirement System and become a member of this plan’s Defined Benefit Program. However, only
service credited under the Defined Benefit Program subsequent to the date of that election shall be subject to this section.
(h)CA Education Code § 22135(h) An employer that agrees to become subject to this section, shall, on a form and within the timeframes prescribed by the system, certify the applicability of this section to a member pursuant to the criteria set forth in this section when a retirement, disability, or family allowance becomes payable.
(i)CA Education Code § 22135(i) For a nonmember spouse, final compensation shall be determined pursuant to paragraph (5) of subdivision (c) of Section 22664. The employer, within 30 days of receiving an invoice from the system, shall reimburse the retirement fund pursuant to subdivision (f). Interest shall be charged at the regular interest rate for payments not received within the prescribed
timeframe. Payments not received within 30 days of invoicing may be collected pursuant to Section 23007.
final compensation Defined Benefit Program classroom teacher direct instruction 12 consecutive months exclusive representative agreement trust fund employer contributions employee contributions nonmember spouse actuarial equivalent retirement benefits certificated employees Public Employees' Retirement System termination California Public Employees’ Pension Reform Act
(Amended by Stats. 2014, Ch. 755, Sec. 13. (SB 1220) Effective January 1, 2015.)
This law explains that for managers and supervisors who worked for the state and either retired or passed away after July 1, 1991, their retirement pay calculations should use the salary they would have earned before a 5% pay cut that occurred in the 1991-92 fiscal year. This rule is only relevant if the time their salary was reduced counts toward their retirement benefits. Any extra costs from using this higher salary for retirement calculations will be covered by their employer when they retire.
With respect to a state employee member who dies or retires on or after July 1, 1991, and who was a managerial or supervisory employee, as defined by subdivisions (e) and (g) of Section 3513 of the Government Code, whose monthly salary range was administratively reduced by 5 percent because of the salary range reductions administratively imposed upon managers and supervisors during the 1991–92 fiscal year, “final compensation” means the highest annual compensation the state employee member would have earned had his or her salary range not been reduced by the 5-percent reduction. This section shall only apply if the period during which the state member’s salary was reduced would have otherwise been included in determining his or her final compensation for retirement purposes. The costs, if any, that may result from the use of the higher final compensation shall be paid for by the employer at the time of retirement in a manner prescribed by the system.
state employee retirement managerial employee salary supervisory employee salary reduction final compensation 1991-92 fiscal year 5-percent salary cut retirement benefits employer costs pay calculation salary adjustment for retirement
(Repealed and added by Stats. 1994, Ch. 933, Sec. 3. Effective September 28, 1994.)
This law defines 'final vesting' as the point when someone, or their beneficiary, becomes eligible to start receiving specific retirement or disability benefits after meeting certain conditions. These conditions include having enough service years, being of a certain age, stopping work, and applying for retirement. Once set, the benefits are fixed unless specified changes can be made by law.
“Final vesting” means the right of a member or a beneficiary to receive a monthly retirement allowance, disability allowance, a family benefit, or survivor benefits when the member has completed the minimum number of years of credited service, has attained the minimum specified age, has formally terminated his or her active service, has made application for retirement, or has been formally retired in accordance with Section 24201, after which the kind and amount of the retirement allowance is fixed and cannot thereafter be changed except as provided in this part.
final vesting retirement allowance disability allowance family benefit survivor benefits credited service minimum age termination of service retirement application beneficiary rights fixed retirement benefits Section 24201 service years requirement formal retirement benefit eligibility
(Repealed and added by Stats. 1994, Ch. 933, Sec. 3. Effective September 28, 1994.)
This law defines "full time" work for various school employees in California. "Full time" can be defined differently depending on job type, such as teachers, principals, and administrators in pre-K through 12th grade and community colleges. It specifies the minimum days or hours required, which can vary for different roles. For example, principals often need to work more days or hours than teachers. Agreements about what "full time" means must be sent to the system each year. If not specified, the board can make the final decision. This rule has been in effect since July 1, 2013.
(a)Copy CA Education Code § 22138.5(a)
(1)Copy CA Education Code § 22138.5(a)(1) “Full time” means the days or hours of creditable service the employer requires to be performed by a class of employees in a school term in order to earn the annualized pay rate as defined in Section 22104.8 and specified under the terms of a collective bargaining agreement or employment agreement. For the purpose of crediting service under this part, “full time” may not be less than the minimum standard specified in this section. Each collective bargaining agreement or employment agreement that applies to a member subject to the minimum standard specified in either paragraph (5) or (6) of subdivision (c) shall specify the number of hours of creditable service that equals “full time” pursuant to this section
for each class of employee subject to either paragraph and make specific reference to this section, and the district shall submit a copy of the agreement to the system.
(2)CA Education Code § 22138.5(a)(2) The copies of each agreement shall be submitted electronically in a format determined by the system that ensures the security of the transmitted member data.
(3)CA Education Code § 22138.5(a)(3) The copies shall be electronically submitted annually to the system on or before July 1, or on or before the effective date of the agreement, whichever is later.
(b)CA Education Code § 22138.5(b) The minimum standard for full time in prekindergarten through grade 12 is as follows:
(1)CA Education Code § 22138.5(b)(1) One hundred seventy-five days per school term or 1,050 hours per school term,
except as provided in paragraphs (2) and (3).
(2)Copy CA Education Code § 22138.5(b)(2)
(A)Copy CA Education Code § 22138.5(b)(2)(A) One hundred ninety days per school term, or 1,520 hours per school term for all principals and program managers, including advisers, coordinators, consultants, and developers or planners of curricula, instructional materials, or programs, and for administrators, except as provided in subparagraph (B).
(B)CA Education Code § 22138.5(b)(2)(A)(B) Two hundred fifteen days per school term or 1,720 hours per school term including school and legal holidays pursuant to the policy adopted by the employer’s governing board for administrators at a county office of education.
(3)CA Education Code § 22138.5(b)(3) One thousand fifty hours per school term for teachers in adult education programs.
(c)CA Education Code § 22138.5(c) The minimum standard for full time in community colleges is as follows:
(1)CA Education Code § 22138.5(c)(1) One hundred seventy-five days per school term or 1,050 hours per school term, except as provided in paragraphs (2), (3), (4), (5), and (6). Full time includes time for duties the employer requires to be performed as part of the full-time assignment for a particular class of employees.
(2)CA Education Code § 22138.5(c)(2) One hundred ninety days per school term or 1,520 hours per school term for all program managers and for administrators, except as provided in paragraph (3).
(3)CA Education Code § 22138.5(c)(3) Two hundred fifteen days per school term or 1,720 hours per school term including school and legal holidays pursuant to the policy
adopted by the employer’s governing board for administrators at a district office.
(4)CA Education Code § 22138.5(c)(4) One hundred seventy-five days per school term or 1,050 hours per school term for all counselors and librarians.
(5)CA Education Code § 22138.5(c)(5) Five hundred twenty-five instructional hours per school term for all instructors employed on a part-time basis, except instructors specified in paragraph (6). If an instructor receives compensation for office hours pursuant to Article 10 (commencing with Section 87880) of Chapter 3 of Part 51 of Division 7 of Title 3, the minimum standard shall be increased appropriately by the number of office hours required annually for the class of employees.
(6)CA Education Code § 22138.5(c)(6) Eight hundred seventy-five instructional hours per school term for all
instructors employed in adult education programs. If an instructor receives compensation for office hours pursuant to Article 10 (commencing with Section 87880) of Chapter 3 of Part 51 of Division 7 of Title 3, the minimum standard shall be increased appropriately by the number of office hours required annually for the class of employees.
(d)CA Education Code § 22138.5(d) The board has final authority to determine full time for purposes of crediting service under this part if full time is not otherwise specified in this section.
(e)CA Education Code § 22138.5(e) This section shall become operative on July 1, 2013.
full time creditable service prekindergarten grade 12 community colleges collective bargaining employment agreement minimum standard principals program managers administrators adult education programs counselors librarians instructional hours
(Amended by Stats. 2019, Ch. 96, Sec. 6. (AB 644) Effective January 1, 2020.)
This section defines 'full-time equivalent' as the amount of work part-time employees would do if they worked full-time in their current role during a school term.
“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 in that part-time position.
full-time equivalent part-time basis creditable service school term full-time employment part-time position work hours employment calculation education employment school employment teacher workload staff employment educational positions work requirement job comparison
(Amended by Stats. 2018, Ch. 416, Sec. 6. (SB 1165) Effective January 1, 2019.)
This law section describes a 'Gain and Loss Reserve,' which is a special account in the retirement fund used for two main purposes. First, it ensures that interest is paid to members' Defined Benefit Supplement accounts, even if the usual investment earnings fall short. Second, it helps fund annuities for retirees under the Defined Benefit Supplement Program when needed.
“Gain and Loss Reserve” means a segregated account within the retirement fund that is established and maintained to do either of the following:
(a)CA Education Code § 22139.5(a) Credit interest to members’ Defined Benefit Supplement accounts at the minimum interest rate for plan years in which the board determines that the obligation cannot be met from the plan’s investment earnings with respect to the Defined Benefit Supplement Program.
(b)CA Education Code § 22139.5(b) Provide additions to the Annuitant Reserve to meet the plan’s obligation for annuities payable under the Defined Benefit Supplement Program.
Gain and Loss Reserve retirement fund segregated account Defined Benefit Supplement minimum interest rate investment earnings Annuitant Reserve annuities plan's obligation retirement program
(Added by Stats. 2000, Ch. 74, Sec. 14. Effective January 1, 2001.)
This law talks about an 'improvement factor' for retirement benefits under the Defined Benefit Program. Basically, retirees get a 2% increase in their monthly pension every year after they have retired for one year. This boost is added each year on September 1st, but it's not compounded over time, meaning it doesn't increase based on previous increases. From July 1, 2014, the improvement factor becomes a reliable part of the benefits for members who paid higher contributions. If the law changes and stops requiring these contributions, the government can adjust the 2% boost based on the economy, but they can't lower benefits below what was promised at retirement. The same adjustments can apply to those who retired before the law required higher contributions, again without reducing their promised benefits.
(a)CA Education Code § 22140(a) “Improvement factor,” with respect to the Defined Benefit Program, means an increase of 2 percent in monthly allowances. The improvement factor shall be added to a monthly allowance each year on September 1, commencing on September 1 following the first anniversary of the effective date of retirement, or the date on which the monthly allowance commenced to accrue to any beneficiary, or other periods specifically stated in this part.
(b)CA Education Code § 22140(b) The improvement factor may not be compounded nor shall it be applicable to annuities payable from the accumulated annuity deposit contributions or the accumulated tax-sheltered annuity contributions.
(c)CA Education Code § 22140(c) Beginning July 1, 2014, the improvement factor shall vest for an active member in any calendar year in which active members paid increased member contributions pursuant to Section 22901.7.
(d)CA Education Code § 22140(d) If, for any reason, the increased employee contribution referenced in subdivision (c), and as required by subdivisions (a) and (b) of Section 22901.7, ceases to be legally required to be made pursuant to the act that added this subdivision, then the Legislature reserves the right to adjust the amount of the improvement factor up or down as the economic conditions dictate for all members who retire on or after January 1, 2014. No adjustments of the improvement factor shall reduce the monthly retirement allowance or benefit below that which would be payable to the recipient under this
part had this section not been enacted.
(e)CA Education Code § 22140(e) For members who retired before the calendar year in which Section 22901.7 was added the Legislature reserves the right to adjust the amount of the improvement factor up or down as economic conditions dictate. Any adjustment of the improvement factor may not reduce the monthly retirement allowance or annuity below that which would be payable to the recipient under this part had this section not been enacted.
Improvement factor Defined Benefit Program monthly allowances 2 percent increase retirement benefits September 1 annual increase non-compounded increase vesting increased member contributions economic conditions adjustment of improvement factor Legislature power retirement allowance beneficiary rights accumulated contributions
(Amended by Stats. 2014, Ch. 47, Sec. 2. (AB 1469) Effective June 24, 2014. Amending action may become inoperative under conditions prescribed by Stats. 2014, Ch. 47, Sec. 13, subd. (b).)
This law talks about an 'improvement factor,' which is a 2% yearly increase in certain retirement benefits for educators starting from specific years (1981, 2001, 2002). The increase is not compounded and doesn't apply to certain types of annuities. The law allows the state legislature to adjust this increase based on the economy, but benefits can't be reduced below what would have been paid if this provision didn't exist. Starting in 2014, this increase vests for active members who pay increased contributions. If these contributions stop being required, the legislature can still adjust the increase for anyone retiring after January 1, 2014. For those who retired before the new rules, the increase can be adjusted but not reduced below the original amount.
(a)CA Education Code § 22141(a) Notwithstanding Section 22140, “improvement factor” means an increase of 2 percent in benefits provided under Sections 24408 and 24409 for each year commencing September 1, 1981, and under Section 24410.5 for each year commencing September 1, 2001, and under Sections 24410.6 and 24410.7 for each year commencing September 1, 2002. The improvement factor shall not be compounded nor shall it be applicable to annuities payable from the accumulated annuity deposit contributions or the accumulated tax-sheltered annuity contributions. The Legislature reserves the right to adjust the amount of the improvement factor up or down as the economic conditions dictate. No adjustments of the improvement factor shall reduce the monthly retirement allowance
or benefit below that which would be payable to the recipient under this part had this section not been enacted.
(b)CA Education Code § 22141(b) Beginning July 1, 2014, the improvement factor shall vest for an active member in any calendar year in which active members paid increased member contributions pursuant to Section 22901.7.
(c)CA Education Code § 22141(c) If, for any reason, the increased employee contribution referenced in subdivision (b), and as required by subdivisions (a) and (b) of Section 22901.7, ceases to be legally required to be made pursuant to the act that added this subdivision, then the Legislature reserves the right to adjust the amount of the improvement factor up or down as the economic conditions dictate for all members who retire on or after January 1, 2014. No adjustments of the improvement factor shall reduce the monthly retirement allowance or benefit below that which would be payable to the recipient
under this part had this section not been enacted.
(d)CA Education Code § 22141(d) For members who retired before the calendar year in which Section 22901.7 was added, the Legislature reserves the right to adjust the amount of the improvement factor up or down as the economic conditions dictate. No adjustments of the improvement factor shall reduce the monthly retirement allowance or benefit below that which would be payable to the recipient under this part had this section not been enacted.
improvement factor 2% increase retirement benefits economic conditions vesting active members increased contributions annuity deposit tax-sheltered annuity legislature adjustment economic dictate monthly retirement allowance benefit payment protection pre-2014 retirees Section 22901.7
(Amended by Stats. 2015, Ch. 123, Sec. 5. (AB 991) Effective January 1, 2016.)
This section defines 'indexed final compensation' as the final salary used to calculate a disability allowance, which is adjusted each year based on changes in average earnings. The adjustment starts from the year the allowance begins.
“Indexed final compensation” means final compensation upon which a disability allowance or disability retirement allowance was based, adjusted annually from the school year in which an allowance begins to accrue by the rate of change in the average compensation earnable as determined by the board.
indexed final compensation disability allowance disability retirement allowance annual adjustment average compensation rate of change earnings adjustment school year compensation earnable board determination
(Repealed and added by Stats. 1994, Ch. 933, Sec. 3. Effective September 28, 1994.)
This section defines who qualifies as an "investment manager" or "investment adviser" for the Teachers’ Retirement Fund. These are individuals or firms hired by the board to handle investment transactions or manage fund assets, specifically for the Defined Benefit Program and the Cash Balance Benefit Program.
“Investment manager” and “investment adviser” mean any person, firm, or custodian referred to in Section 22359, either appointed by or under contract with the board to engage in investment transactions or to manage or advise in the management of the assets of the Teachers’ Retirement Fund with respect to the Defined Benefit Program under this part and the Cash Balance Benefit Program under Part 14 (commencing with Section 26000).
investment manager investment adviser Teachers’ Retirement Fund Defined Benefit Program Cash Balance Benefit Program asset management investment transactions fund management board appointment contract with board Section 22359 financial advisers retirement fund advisors investment transactions handling fund asset management
(Amended by Stats. 1998, Ch. 965, Sec. 6.5. Effective January 1, 1999.)
This section defines what 'investment transactions' involve when it comes to managing or advising on assets. It covers a range of activities such as advisory services, research, trading help, and the handling of funds by a manager if the board approves. It also includes costs associated with these services, like legal fees, contracting expenses, and custodian services essential for managing investments.
“Investment transactions” means investment services of an asset management or investment advisory nature and may include advisory services, research material, trading assistance, trading expenses, discretionary management of funds of the plan upon approval by the board, acquisition of equipment to be used as part of the investment function, services that provide a recommended course of action or personal expertise, investment-related legal expenses, investment-related contracting expenses, or custodian services referred to in Section 22359.
investment transactions asset management investment advisory advisory services research material trading assistance discretionary management funds approval investment function equipment recommended course of action personal expertise services investment-related legal expenses investment-related contracting expenses custodian services investment plan
(Amended by Stats. 1996, Ch. 634, Sec. 25. Effective January 1, 1997.)
This section defines 'leave of absence' for certain members as the time away from work that is either required or allowed by specific educational statutes. It includes both mandated leaves and employer-approved leaves, which started January 1, 2016. Basically, if you take a leave that your employer approves and it's paid, that pay is considered 'creditable compensation,' meaning it counts towards your employment benefits calculations.
(a)CA Education Code § 22144.3(a) “Leave of absence” means a period of leave to which a member is entitled that is expressly authorized or required by Chapter 4 (commencing with Section 44800) of Part 25 of Division 3 of Title 2, or Chapter 1 (commencing with Section 87000) or Chapter 3 (commencing with Section 87400) of Part 51 of Division 7 of Title 3.
(b)CA Education Code § 22144.3(b) “Leave of absence” also means employer-approved compensated leave that is excluded under subdivision (a) that was or is taken on or after January 1, 2016.
(c)CA Education Code § 22144.3(c) Remuneration that is
paid for an employer-approved compensated leave is creditable compensation pursuant to Sections 22119.2 and 22119.3.
leave of absence employer-approved leave compensated leave creditable compensation education members paid leave employer-approved compensated leave period of leave employment benefits Chapter 4 of Part 25 Division 3 of Title 2 Division 7 of Title 3
(Amended by Stats. 2020, Ch. 275, Sec. 3. (AB 2101) Effective January 1, 2021.)
This section explains that 'liability gains and losses' refer to the variance between what actually happens and what was expected to happen based on certain assumptions that do not involve investments. These differences are evaluated over time, specifically between two dates set for checking these assumptions. The board sets these assumptions under another rule.
“Liability gains and losses” means the difference between actual noninvestment related experience and the experience expected based upon a set of noninvestment related actuarial assumptions during the period between two actuarial valuation dates, as determined in accordance with assumptions adopted by the board pursuant to Section 22311.5.
liability gains liability losses noninvestment related experience actuarial assumptions actuarial valuation dates board assumptions expected experience actual experience Section 22311.5 variance analysis noninvestment factors
(Added by Stats. 2000, Ch. 1021, Sec. 6. Effective January 1, 2001.)
This section is defining 'local system' as any pension or retirement plan for public school teachers run by a city, county, or other local government in the state, excluding the state-level system.
“Local system” means any retirement system, exclusive of this system, in which public school teachers are members, operated by a city, county, or other political subdivision of the state.
retirement system public school teachers city pension plans county retirement plans local government pension teacher retirement political subdivision local retirement system public employees pension education retirement plan
(Repealed and added by Stats. 1994, Ch. 933, Sec. 3. Effective September 28, 1994.)
This section defines who is considered a 'member' of the Defined Benefit Program related to school service. A member is someone who has done certain types of work in a school, hasn’t gotten a refund for that work, and is part of a specific retirement program. Members are categorized as active, inactive, disabled, or retired. Active members are those currently working; inactive members are not currently earning; disabled members receive a disability allowance; and retired members no longer work and receive retirement benefits.
“Member” means any person, unless excluded under other provisions of this part, who has performed creditable service as defined in Section 22119.5 or 22119.6 and has earned creditable compensation for that service and has not received a refund for that service and, as a result, is subject to the Defined Benefit Program. A member’s rights and obligations under this part with respect to the Defined Benefit Program shall be determined by the applicability of subdivision (a), (b), (c), or (d), and subject to any applicable exceptions under other provisions of this part.
(a)CA Education Code § 22146(a) An active member is a member who is not retired or disabled and who earns creditable compensation
during the school year.
(b)CA Education Code § 22146(b) An inactive member is a member who is not retired or disabled and who has not earned creditable compensation during the current or preceding school year.
(c)CA Education Code § 22146(c) A disabled member is a member to whom a disability allowance is payable under Chapter 25 (commencing with Section 24001).
(d)CA Education Code § 22146(d) A retired member is a member who has terminated employment and has retired for service under the provisions of Chapter 27 (commencing with Section 24201), or has retired for disability under the provisions of Chapter 26 (commencing with Section 24100) or retired for service or disability under the provisions of Chapter 21 (commencing with Section 23400), and to whom a retirement allowance is therefore
payable.
Defined Benefit Program creditable service creditable compensation active member inactive member disabled member retired member retirement allowance disability allowance school year employment termination Chapter 25 disability Chapter 26 retirement Chapter 27 service credit membership
(Amended by Stats. 2015, Ch. 782, Sec. 6. (AB 963) Effective January 1, 2016.)
This law clarifies what it means to be a 'member subject to the California Public Employees’ Pension Reform Act of 2013.' Essentially, if you started working in a role that gets benefits under the Defined Benefit Program after January 1, 2013, you are considered a new member under this reform. However, if you were already a member of certain other retirement systems before 2013 and worked there within the previous six months, you are not considered a new member.
(a)CA Education Code § 22146.2(a) Notwithstanding subdivision (f) of Section 7522.04 of the Government Code, “member subject to the California Public Employees’ Pension Reform Act of 2013” means a person who first becomes employed to perform creditable service subject to coverage under the Defined Benefit Program on or after January 1, 2013.
(b)CA Education Code § 22146.2(b) A member 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, a county retirement system 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 Defined Benefit Program.
(c)CA Education Code § 22146.2(c) This section shall be deemed to have become operative on January 1, 2013.
California Public Employees’ Pension Reform Act Defined Benefit Program California Public Employees’ Retirement System Legislators' Retirement System University of California Retirement System county retirement system San Francisco Employees’ Retirement System member definition pension reform act credibility service January 1 2013 retirement system coverage pre-2013 members new member criteria
(Added by Stats. 2013, Ch. 559, Sec. 9. (AB 1381) Effective January 1, 2014. Deemed operative January 1, 2013, by Sec. 1 of Ch. 559.)
This law defines the term "membership" as being a part of the Defined Benefit Program unless specified otherwise in some parts of the law.
“Membership” means membership in the Defined Benefit Program, except as otherwise specifically provided in this part.
Defined Benefit Program membership definition California education code benefit program participation pension program retirement benefits exceptions educator benefits membership criteria teacher retirement benefit eligibility
(Amended by Stats. 1998, Ch. 965, Sec. 8. Effective January 1, 1999.)
The 'minimum interest rate' is the lowest yearly interest rate, set by the board, that will be added to Defined Benefit Supplement accounts each plan year.
“Minimum interest rate” means the annual interest rate determined by the board by plan amendment at which interest shall be credited to Defined Benefit Supplement accounts for a plan year.
minimum interest rate annual interest rate board determination plan amendment interest crediting Defined Benefit Supplement plan year board decision interest rate setting supplement account retirement benefits pension interest
(Added by Stats. 2000, Ch. 1021, Sec. 7. Effective January 1, 2001.)
This law defines what 'month' means in different contexts. When it comes to calculating and crediting work service, a 'month' is 20 working days or four weeks of five working days each, including legal holidays. In all other cases, a 'month' starts on a given day of one calendar month and ends the day before the same date in the next month, or the last day of the next month if there is no corresponding date.
(a)CA Education Code § 22147(a) “Month” means 20 working days or four weeks of five working days each, including legal holidays, with respect to the computation and crediting of service.
(b)CA Education Code § 22147(b) “Month,” for all other purposes, means a period commencing on any day of a calendar month and extending through the day preceding the corresponding day of the succeeding calendar month, if there is any such corresponding day, and if not, through the last day of the succeeding calendar month.
working days crediting of service calendar month legal holidays computation corresponding day succeeding calendar month four weeks five working days period commencement day preceding
(Amended by Stats. 1998, Ch. 965, Sec. 9. Effective January 1, 1999.)
This section defines 'nonqualified service' as any period where a member didn't work in a role that counts toward their retirement plan. It doesn't cover times that can be credited as service separately according to certain chapters that allow purchasing service credit.
“Nonqualified service” means any time during which a member did not perform creditable service subject to coverage by the plan. Nonqualified service shall not include time for which the member is eligible to purchase credit pursuant to Chapter 14 (commencing with Section 22800), Chapter 14.2 (commencing with Section 22820), or Chapter 14.5 (commencing with Section 22850).
nonqualified service creditable service retirement plan service credit purchase member eligibility Chapter 14 Chapter 14.2 Chapter 14.5 Section 22800 Section 22820 Section 22850 time credit retirement coverage credit eligibility service periods
(Amended by Stats. 2000, Ch. 1025, Sec. 6. Effective January 1, 2001.)
If you're part of the California Public Employees’ Pension Reform Act of 2013, you can retire without penalty at 62. Others can retire without penalty at 60. This is the 'normal retirement age,' meaning you get your pension benefits fully without any deductions because of age.
“Normal retirement” and “normal retirement age” mean 60 years of age, or 62 years of age for a member subject to the California Public Employees’ Pension Reform Act of 2013, which is the age upon attainment of which the member becomes eligible under the Defined Benefit Program for a service retirement allowance without reduction because of age and without special qualifications.
normal retirement age pension eligibility service retirement allowance California Public Employees Pension Reform Act 2013 age 60 age 62 retirement benefits Defined Benefit Program retirement allowance without reduction
(Amended by Stats. 2013, Ch. 559, Sec. 10. (AB 1381) Effective January 1, 2014. Deemed operative January 1, 2013, by Sec. 1 of Ch. 559.)
This section defines what an 'option beneficiary' is under a retirement plan. It's the person or trust chosen by a plan member to receive benefits after the member dies. When a trust is involved, it must be an irrevocable trust that meets specific legal criteria. These include complying with certain federal regulations and ensuring the trust benefits only one main beneficiary, with others being successors. The primary beneficiary of the trust is treated as the designated option beneficiary for retirement plan benefits purposes.
(a)CA Education Code § 22149(a) “Option beneficiary” means the person or trust designated by a member to receive a retirement allowance under the Defined Benefit Program upon the member’s death.
(b)CA Education Code § 22149(b) For purposes of this section, “trust” means an irrevocable trust with the following characteristics:
(1)CA Education Code § 22149(b)(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)CA Education Code § 22149(b)(2) The trust satisfies the requirements of Section 1.401(a)(9)-4 of Title 26 of the Code of Federal Regulations.
(3)CA Education Code § 22149(b)(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)CA Education Code § 22149(b)(4) The beneficiary of the trust who is beneficiary with respect to the trust’s interest in the member’s benefit shall be considered the designated option beneficiary for the purpose of determining eligibility for, and the amount and duration of, benefits under the plan.
option beneficiary Defined Benefit Program irrevocable trust retirement allowance single beneficiary successor beneficiaries retirement plan benefits federal regulations compliance benefit eligibility benefit duration member's death trust requirements designated beneficiary sole benefit Section 1396p requirements
(Amended by Stats. 2016, Ch. 559, Sec. 2. (AB 1875) Effective January 1, 2017.)
This section defines what 'other public systems' are by listing several government-related insurance and retirement programs. These include Social Security (except for a lump-sum death payment), federal civil service retirement, military disability benefits, railroad retirement, workers' compensation, and other publicly funded retirement or disability programs.
“Other public systems” means any of the following:
(a)CA Education Code § 22150(a) Old age, survivors, disability, and health insurance program, other than the lump-sum death payment, provided by the Social Security Act (42 U.S.C.A. Sec. 300 and following).
(b)CA Education Code § 22150(b) The federal civil service retirement program.
(c)CA Education Code § 22150(c) Federal military disability.
(d)CA Education Code § 22150(d) Railroad retirement.
(e)CA Education Code § 22150(e) A workers’ compensation program.
(f)CA Education Code § 22150(f) Federal railroad retirement.
(g)CA Education Code § 22150(g) Any other public retirement system, including, but not limited to, any disability programs financed from public funds.
Social Security benefits federal civil service retirement military disability benefits railroad retirement workers' compensation public retirement systems disability programs Social Security Act lump-sum death payment publicly funded benefits
(Repealed and added by Stats. 1994, Ch. 933, Sec. 3. Effective September 28, 1994.)
This section defines who qualifies as a 'parent' in terms of a member. It includes natural parents or those who legally adopted the member before they turned 18 or got married, whichever came first.
“Parent” means a natural parent of a member or a parent who adopted the member prior to his or her attainment of 18 years of age or to the member’s marriage, whichever occurs earlier.
natural parent adoption adopted parent age of 18 member's marriage prior to marriage legal definition of parent parent qualification natural parent definition adoptive parent criteria
(Repealed and added by Stats. 1994, Ch. 933, Sec. 3. Effective September 28, 1994.)
This law defines a pay period as the length of time for which employees are paid, specifying that it should be no shorter than four weeks and no longer than one month.
“Pay period” means a payroll period of not less than four weeks or more than one calendar month.
pay period payroll period four weeks calendar month employee payment duration minimum payroll period maximum payroll period monthly payroll four-week payroll payroll frequency
(Amended by Stats. 1998, Ch. 965, Sec. 11. Effective January 1, 1999.)
This law simply defines what is meant by 'payroll' in the context of employment. It's not just about the usual pay stubs; it includes any kind of document that shows who gets paid by the employer, like registers and warrants.
“Payroll” includes registers, warrants, and any other documents upon which the employer identifies persons to whom compensation is paid.
payroll definition compensation documents employer identification payroll registers payment warrants compensation recipients employer documents payroll records documenting compensation pay recipients payroll forms employment records financial documents employee payments recordkeeping
(Amended by Stats. 1997, Ch. 482, Sec. 5. Effective January 1, 1998.)
This section defines the term 'Plan' specifically as the State Teachers’ Retirement Plan.
“Plan” means the State Teachers’ Retirement Plan.
State Teachers' Retirement Plan retirement teachers California retirement benefits definition pension plan teacher benefits state retirement public school employees retirement savings education employees retirement system retirement planning educator benefits
(Amended by Stats. 1998, Ch. 1048, Sec. 4. Effective January 1, 1999.)
Plan vesting is when a person in the Defined Benefit Program qualifies for their benefits because they have enough credited service. They will receive these benefits in the future if they meet all the other necessary conditions.
“Plan vesting,” with respect to benefits payable under the Defined Benefit Program, means the member has met the credited service requirement for receipt of a benefit, and has a right to receive the benefit at a future date provided all other conditions required to receive the benefit are also met.
plan vesting credited service Defined Benefit Program benefits payable right to receive benefits future date benefits service requirement receipt of benefits vesting requirements benefit eligibility conditions
(Amended by Stats. 2000, Ch. 1025, Sec. 10. Effective January 1, 2001.)
In this section, a 'plan year' is defined as the time frame starting on July 1 and ending on June 30 of the next year. For the Defined Benefit Supplement Program, the board will specify the first plan year through a plan amendment.
“Plan year” means the period of time beginning on July 1 of one calendar year and ending on June 30 of the following calendar year. For purposes of the Defined Benefit Supplement Program, the board shall designate by plan amendment the initial plan year.
plan year July 1 June 30 Defined Benefit Supplement Program board designation plan amendment calendar year initial plan year period of time time frame
(Added by Stats. 2000, Ch. 74, Sec. 17. Effective January 1, 2001.)
This law defines what a "position subject to membership" means in the context of educational and certain other public sector jobs. It includes positions at county education offices or school districts that require specific credentials, and those included in collective bargaining agreements. Charter school roles that need teaching credentials and some community college jobs also qualify. Special roles such as school superintendents and jobs under specific employment contracts with the Department of Defense are included too. However, positions belonging to a different retirement system and those in non-teaching bargaining units are excluded. The section specifies that these rules will take effect once the responsible board decides the system is ready, with a deadline for this decision set as July 1, 2027.
(a)CA Education Code § 22156.07(a) Except as otherwise provided under this part, “position subject to membership” means the following:
(1)CA Education Code § 22156.07(a)(1) A position at a county office of education or school district, not including a charter school, that the governing body of the employer has designated in a resolution adopted at a public meeting as a position subject to membership for which the employer requires the holding of a valid credential, license, or certificate authorized by the Commission on Teacher Credentialing or the State Department of Health Care Services. The resolution must be in effect on the date of hire in the position or be effective retroactively to include the position as of the date of
hire, whichever is later, but no earlier than the operative date of this section as determined by subdivision (c).
(2)CA Education Code § 22156.07(a)(2) A position at a county office of education or school district, including a charter school, that is included in a certificated bargaining unit represented by an exclusive representative, whether by agreement between the exclusive representative and the employer as reflected in a collective bargaining agreement or by written decision of the Public Employment Relations Board. The collective bargaining agreement must be in effect on the date of hire in the position or be effective retroactively to include the position as of the date of hire, whichever is later, but no earlier than the operative date of this section as determined by subdivision (c).
(3)CA Education Code § 22156.07(a)(3) A
position at a charter school eligible to receive state apportionment where the position requires the holding of a Commission on Teacher Credentialing certificate, permit, or other document pursuant to subdivision (l) of Section 47605.
(4)CA Education Code § 22156.07(a)(4) A position at a community college district, that is any of the following:
(A)CA Education Code § 22156.07(a)(4)(A) A faculty member, as defined in Section 87003, subject to the appropriate minimum standards adopted by the Board of Governors of the California Community Colleges pursuant to Section 87356.
(B)CA Education Code § 22156.07(a)(4)(B) An academic position, as defined in subdivision (b) of Section 87001, subject to the appropriate minimum standards adopted by the Board of Governors of the California Community Colleges pursuant to Section
87356.
(C)CA Education Code § 22156.07(a)(4)(C) 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.
(D)CA Education Code § 22156.07(a)(4)(D) A position pursuant to a contract with the United States Department of Defense to provide vocational training as an employee of a community college employer.
(5)CA Education Code § 22156.07(a)(5) A position as a superintendent of a California public school.
(6)CA Education Code § 22156.07(a)(6) A position that would otherwise be subject to membership in a different public retirement system when held by a member who has elected coverage by the Defined Benefit Program pursuant to Chapter 10
(commencing with Section 22500).
(b)CA Education Code § 22156.07(b) “Position subject to membership” does not mean and shall not include:
(1)CA Education Code § 22156.07(b)(1) A position that would otherwise be subject to coverage by the Defined Benefit Program when held by a member of the Public Employees’ Retirement System who has elected coverage in the Public Employees’ Retirement System pursuant to Chapter 10 (commencing with Section 22500).
(2)CA Education Code § 22156.07(b)(2) A position that is not employed by an employer or employing agency as defined in Section 22131.
(3)CA Education Code § 22156.07(b)(3) A position at a county office of education or school district, including a charter school, that is included in a noncertificated bargaining unit represented by an exclusive
representative, whether by agreement between the exclusive representative and the employer as reflected in a collective bargaining agreement in effect on the date of hire in the position or by written decision of the Public Employment Relations Board.
(c)Copy CA Education Code § 22156.07(c)
(1)Copy CA Education Code § 22156.07(c)(1) The board shall determine a date based on when the system has the capacity to implement the changes made by the act that added this subdivision. The date determined by the board shall be posted on the internet website of the system no later than July 1, 2027.
(2)CA Education Code § 22156.07(c)(2) This section shall become operative on the date determined by
the board pursuant to paragraph (1).
position subject to membership county office of education charter school credential collective bargaining agreement public employment relations community college district faculty member educational administrator United States Department of Defense contract superintendent public school noncertificated bargaining unit retirement system Defined Benefit Program
(Added by Stats. 2024, Ch. 690, Sec. 12. (AB 1997) Effective January 1, 2025. Conditionally operative as prescribed by its own provisions.)
This law talks about which job positions are considered for membership in a certain retirement or benefit system in California. If a person was already doing a specific job before a certain date and keeps doing that job, it counts for membership. But if they change jobs or start a new one after that date, the rules change, and they must follow a different section. Also, a board will decide when these changes will officially start, and they'll post this information online by July 1, 2027.
(a)CA Education Code § 22156.08(a) “Position subject to membership” shall also include the following positions in which a member performed creditable service before the operative date of Section 22156.07 provided that the same member remains continuously employed to perform service in that position on and after the operative date of Section 22156.07:
(1)CA Education Code § 22156.08(a)(1) A position in which the member performed creditable service pursuant to Section 22119.5, as that section read before the operative date of Section 22156.07.
(2)CA Education Code § 22156.08(a)(2) A position in which the member performed the activities described in subdivision (a) of Section 22119.6.
(b)CA Education Code § 22156.08(b) Subdivision (a) shall not apply to a member who becomes employed by the same or a different employer in a new position on or after the operative date of this section, and the member shall be subject to Section 22156.07.
(c)Copy CA Education Code § 22156.08(c)
(1)Copy CA Education Code § 22156.08(c)(1) The board shall determine a date based on when the system has the capacity to implement the changes made by the act that added this subdivision. The date determined by the board shall be posted on the internet website of the system no later than July 1, 2027.
(2)CA Education Code § 22156.08(c)(2) This section shall become operative
on the date determined by the board pursuant to paragraph (1).
position subject to membership creditable service continuous employment operational date employment change Section 22119.5 Section 22119.6 retirement system benefit eligibility board determination system implementation date determination employment status job position continuity internet posting deadline
(Added by Stats. 2024, Ch. 690, Sec. 13. (AB 1997) Effective January 1, 2025. Conditionally operative as prescribed by its own provisions.)
This section defines 'present value' for calculating retirement benefits. Specifically, it refers to the amount of money required at the start of retirement to cover the cost of the retirement allowance linked to any extra unused sick leave days. This calculation involves dividing the extra sick leave days by a set number of days, then multiplying by last year's possible earnings and a present value factor.
“Present value,” for purposes of Section 22718, means the amount of money needed on the effective date of retirement to reimburse the system for the actuarially determined cost of the portion of a member’s retirement allowance attributable to unused excess sick leave days. The present value on the effective date of retirement shall equal the number of unused excess sick leave days divided by the number of base days, as defined in Section 22106.2, multiplied by the prior year’s compensation earnable multiplied by the present value factor.
present value retirement benefits unused sick leave days retirement allowance present value factor actuarially determined cost compensation earnable effective date of retirement base days Section 22718 Section 22106.2 extra sick leave pension calculation retirement system reimbursement prior year's compensation
(Amended by Stats. 2020, Ch. 275, Sec. 5. (AB 2101) Effective January 1, 2021.)
This law defines the term 'present value factor' as the average rate calculated from the characteristics of members who have recently retired and current interest rates, used to determine the value of retirement benefits on the retirement start date.
“Present value factor,” for purposes of Section 22156.1, means an overall average rate based upon the demographics of members who recently retired under the Defined Benefit Program and regular interest that shall determine present value on the effective date of retirement.
present value factor Defined Benefit Program retirement benefits effective date interest rates demographics retirement start date average rate recent retirements benefit calculation
(Added by Stats. 1999, Ch. 939, Sec. 19. Effective January 1, 2000.)
This section defines 'prior year’s compensation earnable' as the amount of money a member could earn during the school year just before the last one in which they earned service credit.
“Prior year’s compensation earnable” means the compensation earnable for the most recent school year in which the member earned service credit that precedes the last school year in which the member earned service credit.
prior year's compensation compensation earnable service credit school year member earnings retirement benefits pension calculation teaching salary educator retirement pay calculation school employee salary education employee benefits
(Added by Stats. 1999, Ch. 939, Sec. 20. Effective January 1, 2000.)
This law defines 'projected final compensation' as the salary amount used to determine a disability or family allowance, which is increased by 2% each year until the person reaches normal retirement age or stops receiving the disability allowance.
“Projected final compensation” means the final compensation used in computing the disability or family allowance increased by 2 percent, compounded annually to the earlier of normal retirement age or the date the disability allowance is terminated.
projected final compensation final compensation disability allowance family allowance 2 percent increase compounded annually normal retirement age termination of allowance salary calculation retirement benefits benefit computation financial planning annual increase termination date retirement planning
(Repealed and added by Stats. 1994, Ch. 933, Sec. 3. Effective September 28, 1994.)
This section explains what 'projected service' means for a member who receives a disability allowance. It includes the service time credited to them and any additional time they would have earned if they had been able to work while receiving their allowance. For each school year, this projected time is based on the highest service credited during any of the three years before they either died or started getting the disability allowance. However, any service time that has contributions to the Defined Benefit Supplement Program isn't counted in this projected service.
(a)CA Education Code § 22158(a) “Projected service” means the sum of credited service plus the credited service that would have been earned for the school years during which a disability allowance was payable if the member had performed creditable service during that time.
(b)CA Education Code § 22158(b) Projected service for a school year shall be determined on the basis of the highest credited service earned by the member during any one of the three school years immediately preceding the member’s death or the date the disability allowance began to accrue.
(c)CA Education Code § 22158(c) Projected service shall not include credited service for which contributions have been credited to the Defined Benefit Supplement Program.
projected service credited service disability allowance school years creditable service highest credited service death of member accrual date Defined Benefit Supplement Program member disability
(Repealed and added by Stats. 2000, Ch. 1021, Sec. 9. Effective January 1, 2001.)
This law section defines "proof of death" as whatever evidence of a person's death is required by the relevant system or authority.
“Proof of death” means providing to the system any evidence of death required by the system.
proof of death evidence of death required documentation death verification system requirements confirmation of death death certificate legal evidence death notification evidence submission system criteria death documentation official proof verification process document submission
(Repealed and added by Stats. 1994, Ch. 933, Sec. 3. Effective September 28, 1994.)
"Provisional vesting" means that a person has met the age and service requirements needed to retire and get a pension from a specific retirement program. This person can choose to stop working and start receiving retirement payments whenever they want.
“Provisional vesting” means the member has reached the minimum age requirement and has attained the credited service required under the Defined Benefit Program for eligibility to receive a retirement allowance, and the member is entitled to terminate employment and retire at any time to receive a retirement allowance.
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(Amended by Stats. 2000, Ch. 1025, Sec. 12. Effective January 1, 2001.)
This law section defines a 'public employer' by referring to another part of the government code for its specific definition.
“Public employer” means a public employer as defined in subdivision (i) of Section 7522.04 of the Government Code.
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(Added by Stats. 2013, Ch. 559, Sec. 11. (AB 1381) Effective January 1, 2014. Deemed operative January 1, 2013, by Sec. 1 of Ch. 559.)
This law defines what a 'public school' is in California. Basically, it includes any school that provides education at various levels like elementary, secondary, community college, technical school, kindergarten, and prekindergarten, as long as it’s set up by the state, a city, or a district.
“Public school” means any day or evening elementary school, any day or evening secondary school, community college, technical school, kindergarten school, and prekindergarten school established by the Legislature, or by municipal or district authority.
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(Amended by Stats. 1999, Ch. 939, Sec. 21. Effective January 1, 2000.)
This law defines "qualified military service" by referring to how it's defined in the federal tax code, specifically Section 414(u) of Title 26 of the United States Code. Essentially, it's recognizing and using an existing federal definition for what counts as military service.
Qualified military service is military service as defined in Section 414(u) of Title 26 of the United States Code.
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(Added by Stats. 2011, Ch. 703, Sec. 1. (SB 349) Effective January 1, 2012.)
In this context, a 'refund' means that a member of the Defined Benefit Program gets back in one payment the money they have saved up for retirement, but it doesn't include any additional credits they might have in a separate account called the Defined Benefit Supplement account.
“Refund” means the lump-sum return of a member’s accumulated retirement contributions under the Defined Benefit Program and does not include the balance of credits in the member’s Defined Benefit Supplement account.
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(Amended by Stats. 2000, Ch. 1021, Sec. 10. Effective January 1, 2001.)
This law defines "regular interest" as the expected rate of return on investments in the Defined Benefit Program, which is set each year by the board. The rule started being effective on July 1, 2010.
“Regular interest” means interest that is equal to the actuarially assumed rate of return on investments on assets of the Defined Benefit Program. The regular interest rate shall be adopted annually by the board as a plan amendment with respect to the Defined Benefit Program.
This section shall become operative on July 1, 2010.
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(Repealed (in Sec. 1) and added by Stats. 2009, Ch. 249, Sec. 2. (AB 654) Effective January 1, 2010. Section operative July 1, 2010, by its own provisions.)
A "regular meeting" refers to a board meeting that occurs following a pre-established schedule specifying the dates and locations of such meetings, which the board has formally approved.
“Regular meeting” means a meeting of the board held in accordance with a schedule of meetings that states the dates and places of the meetings and that is adopted by the board.
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(Added by Stats. 1996, Ch. 634, Sec. 35. Effective January 1, 1997.)
This section defines 'reinstatement' as the process where a person changes their status in the Defined Benefit Program from being disabled or retired back to being active or inactive. This involves ending certain types of retirement or disability payments they were receiving, as outlined in specific sections of the law.
“Reinstatement” means the change in status with respect to the Defined Benefit Program under this part from a disabled or retired member to an active or inactive member and termination of one of the following:
(a)CA Education Code § 22163(a) A service retirement allowance pursuant to Section 24208.
(b)CA Education Code § 22163(b) A disability retirement allowance pursuant to Section 24117.
(c)CA Education Code § 22163(c) A disability allowance pursuant to Section 24004, 24006, or 24015.
(d)CA Education Code § 22163(d) A service retirement allowance or disability retirement allowance pursuant to Section 23404.
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(Amended by Stats. 2000, Ch. 1025, Sec. 13. Effective January 1, 2001.)
This section defines a 'replacement benefits program' as a specific plan set up under certain parts of the California Education Code. It's designed to follow federal rules about pension plans, especially those applying to government plans.
“Replacement benefits program” means the program established pursuant to Chapter 27.5 (commencing with Section 24250) in compliance with the provisions of Section 415(m) of the Internal Revenue Code of 1986 (26 U.S.C. Sec. 415(m)) as applicable to a governmental plan, as defined in Section 414(d) of the Internal Revenue Code of 1986 (26 U.S.C. Sec. 414(d)).
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(Added by Stats. 1999, Ch. 465, Sec. 1. Effective January 1, 2000.)
This section defines "retired member activities" for retirees working in the California public school system. It includes anyone working as an employee, for a third party, or as an independent contractor. However, if a retiree works for a third party on short assignments (up to 24 months), does not contribute to a public pension, and performs tasks not normally done by school employees, these activities don't count as "retired member activities."
(a)CA Education Code § 22164.5(a) “Retired member activities” means one or more activities identified in subdivision (b), (c), or (d) of Section 22119.5 or subdivision (b), (c), or (d) of Section 26113 within the California public school system and performed by a member retired for service under this part as one of the following:
(1)CA Education Code § 22164.5(a)(1) An employee of an employer.
(2)CA Education Code § 22164.5(a)(2) An employee of a third party, except as specified in subdivision (b).
(3)CA Education Code § 22164.5(a)(3) An independent contractor.
(b)CA Education Code § 22164.5(b) The activities of an employee of a third party shall not be included
in the definition of “retired member activities” if all of the following conditions apply:
(1)CA Education Code § 22164.5(b)(1) The employee performs an assignment of 24 months or less.
(2)CA Education Code § 22164.5(b)(2) The third-party employer does not participate in a California public pension system.
(3)CA Education Code § 22164.5(b)(3) The activities performed by the individual are not normally performed by employees of an employer, as defined in Section 22131.
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(Amended by Stats. 2015, Ch. 782, Sec. 7. (AB 963) Effective January 1, 2016.)
In this law, "retirement" refers to when someone stops working in a job that's covered by a retirement plan and changes their status to a retired member. This shift can occur from being an inactive, active, or disabled member.
“Retirement” means termination of employment subject to coverage by the plan and a change in status from an inactive member, an active member, or a disabled member to a retired member.
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(Amended by Stats. 2000, Ch. 1025, Sec. 14. Effective January 1, 2001.)
A 'retirement allowance' is the monthly payment given to someone who is retired or to a person designated to receive their benefits.
“Retirement allowance” means the amount payable to a retired member or an option beneficiary on a monthly basis.
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(Amended by Stats. 1996, Ch. 634, Sec. 40. Effective January 1, 1997.)
'Retirement benefit' refers to the money a retired member gets from their Defined Benefit Supplement account. This amount depends on how much credit they have in that account and is part of the retirement package for those who retire from service.
“Retirement benefit” means the amount payable under the Defined Benefit Supplement Program, based on the balance of credits in the member’s Defined Benefit Supplement account, to a member who has retired for service under the Defined Benefit Program.
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(Added by Stats. 2000, Ch. 74, Sec. 21. Effective January 1, 2001.)
In this section, "Retirement fund" specifically refers to the fund set up for teachers' retirement, known as the Teachers' Retirement Fund.
“Retirement fund” means the Teachers’ Retirement Fund.
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(Repealed and added by Stats. 1994, Ch. 933, Sec. 3. Effective September 28, 1994.)
This part of the law explains that 'return on investments' refers to any income that comes from the investments made by a system.
“Return on investments” means income received or receivable from the system’s investments.
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(Repealed and added by Stats. 1994, Ch. 933, Sec. 3. Effective September 28, 1994.)
This law defines a "school term" as at least 35 weeks long, starting on the first day and ending on the last day when full-time work is required. Any time excluded by a contract doesn't count. Even part-time members doing the same job as full-time members have the same school term duration.
“School term” means a minimum period of 35 weeks beginning the first day and ending the last day creditable service is required to be performed by a member employed on a full-time basis, excluding any period that has been excluded pursuant to a publicly available written contractual agreement. The school term shall also be the same for a member who is not employed on a full-time basis who is performing the same duties as a member employed on a full-time basis.
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(Added by Stats. 2016, Ch. 218, Sec. 10. (SB 1352) Effective January 1, 2017.)
The term "school year" is defined as starting on July 1 of one year and ending on June 30 of the next year.
“School year” means the period of time beginning on July 1 of one calendar year and ending on June 30 of the following calendar year.
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(Amended by Stats. 2018, Ch. 416, Sec. 7. (SB 1165) Effective January 1, 2019.)
This section defines 'service' as work done for pay, unless stated otherwise. The board responsible will decide when new changes, added by a recent law, will start based on the system's readiness. They'll announce this date online by July 1, 2027, and these changes will become active on the date they set.
(a)CA Education Code § 22170(a) “Service” means work performed for compensation, except as otherwise specifically provided in this part.
(b)Copy CA Education Code § 22170(b)
(1)Copy CA Education Code § 22170(b)(1) The board shall determine a date based on when the system has the capacity to implement the changes made by the act that added this subdivision. The date determined by the board shall be posted on the internet website of the system no later than July 1, 2027.
(2)CA Education Code § 22170(b)(2) This section shall become operative
on the date determined by the board pursuant to paragraph (1).
service definition work for compensation implementation date system capacity board determination July 1 2027 operative date posting online changes by act system readiness
(Repealed (in Sec. 14) and added by Stats. 2024, Ch. 690, Sec. 15. (AB 1997) Effective January 1, 2025. Conditionally operative as prescribed by its own provisions.)
This law defines different types of sick leave days for employees. 'Sick leave days' are leave days an employee has saved up but hasn't used. 'Basic sick leave days' are the standard paid days off allowed for sickness or injury. 'Excess sick leave days' are any additional paid days off beyond 12 days in a school year. If sick leave is calculated in hours, divide the total hours by six to find out the number of days.
(a)CA Education Code § 22170.5(a) “Sick leave days” means the number of days of accumulated and unused leave of absence for illness or injury granted by each employer.
(b)CA Education Code § 22170.5(b) “Basic sick leave day” means the days of paid leave of absence due to illness or injury granted by each employer that are not excess sick leave days.
(c)CA Education Code § 22170.5(c) “Excess sick leave days” means the day or total number of days of paid leave of absence due to illness or injury granted by each employer in excess of 12 days per school year.
(d)CA Education Code § 22170.5(d) For those standards identified in
Section 22138.5 that are expressed only in terms of hours, the number of hours shall be divided by six to determine the number of days pursuant to this section.
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(Amended by Stats. 2020, Ch. 275, Sec. 6. (AB 2101) Effective January 1, 2021.)
This law section defines who is considered a "spouse" for specific legal purposes. To qualify as a spouse, a person must have been married to the member for at least 12 months before the member's death, unless they had a child together or the spouse is pregnant by the member. However, if the member died from an accident or illness and the marriage occurred before the injury or diagnosis, the 12-month requirement does not apply. Accidental death is when the member died directly from violent or accidental injuries. The law does not recognize marriages where the member was expected to live less than 12 months when married. Additionally, registered domestic partners are treated the same as spouses, except where sections 22661 and 23812 exclude them.
(a)CA Education Code § 22171(a) “Spouse” means a person who was continuously married to the member for the period beginning at least 12 months prior to the death of the member, unless a child is born to the member and the member’s spouse within the 12-month period or unless the spouse is carrying a fetus, conceived with the member.
(b)CA Education Code § 22171(b) “Spouse” also means a person who was married to the member for less than 12 months, if the member’s death was either accidental, or due to an illness, and the marriage took place prior to the occurrence of the injury or diagnosis of the illness that resulted in death.
(1)CA Education Code § 22171(b)(1) A member’s death is defined as accidental only if the member received bodily injuries
through violent, external, or accidental means and died as a direct result of the bodily injuries and independent of all other causes.
(2)CA Education Code § 22171(b)(2) This subdivision does not apply if, at the time of the marriage, the member could not have reasonably been expected to live for 12 months.
(c)CA Education Code § 22171(c) Except as excluded by Sections 22661 and 23812, 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.
spouse definition 12-month marriage requirement accidental death criteria illness-related death pregnancy exception child exception marriage before diagnosis violent injuries registered domestic partners marriage duration exceptions legal spouse recognition domestic partner rights bodily injuries Section 297 Section 299.2
(Amended by Stats. 2023, Ch. 260, Sec. 10. (SB 345) Effective January 1, 2024.)
This section defines 'survivor allowance' as the benefits outlined in Section 23804 according to the law that was in effect on June 30, 1972.
“Survivor allowance” means the allowance provided for in Section 23804 as it read under the law in effect on June 30, 1972.
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(Repealed and added by Stats. 1994, Ch. 933, Sec. 3. Effective September 28, 1994.)
This section defines the 'survivor benefit allowance' as a monthly payment that a surviving spouse can choose to receive based on guidelines starting in Chapter 23, Section 23850.
“Survivor benefit allowance” means the monthly allowance that a surviving spouse may elect to receive pursuant to Chapter 23 (commencing with Section 23850).
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(Repealed and added by Stats. 1994, Ch. 933, Sec. 3. Effective September 28, 1994.)
In this context, 'System' refers specifically to the State Teachers' Retirement System.
“System” means the State Teachers’ Retirement System.
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(Repealed and added by Stats. 1994, Ch. 933, Sec. 3. Effective September 28, 1994.)
This section defines what is meant by the “System’s headquarters office,” specifying it as the main office building set up to be the permanent headquarters for the system as described in another legal provision.
“System’s headquarters office” means the office building established as the permanent headquarters facility for the system, pursuant to Section 22375.
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(Added by Stats. 2013, Ch. 558, Sec. 5. (AB 1379) Effective January 1, 2014.)
This law defines a 'termination benefit' as the amount of money a member gets in a single payment. It comes from their Defined Benefit Supplement account when they stop working in jobs covered by the plan.
“Termination benefit” means a benefit equal in amount to the balance of credits in the member’s Defined Benefit Supplement account that is payable to the member in a lump-sum when the member has terminated all employment to perform creditable service subject to coverage by the plan.
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(Added by Stats. 2000, Ch. 74, Sec. 22. Effective January 1, 2001.)
This section defines "unfunded actuarial obligation" for two programs: the Defined Benefit Program and the Defined Benefit Supplement Program. It refers to the portion of future benefits that are not yet funded by ongoing contributions or existing assets, based on specific assumptions the board uses under Section 22311.5.
(a)CA Education Code § 22177(a) “Unfunded actuarial obligation,” with respect to the Defined Benefit Program, means that portion of the actuarial present value of benefits that is not provided for by future, normal costs or covered by the actuarial value of assets attributable to the Defined Benefit Program, based on assumptions adopted by the board pursuant to Section 22311.5.
(b)CA Education Code § 22177(b) “Unfunded actuarial obligation,” with respect to the Defined Benefit Supplement Program, means that portion of the actuarial present value of benefits that is not provided for by future, normal costs or covered by the actuarial value of assets attributable to the Defined Benefit Supplement Program, based on assumptions adopted by the board pursuant to Section 22311.5.
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(Added by Stats. 2000, Ch. 1021, Sec. 12. Effective January 1, 2001.)