Section § 24201

Explanation

This law describes the conditions under which a member can apply for retirement benefits. A member can retire if they are 55 years or older and have at least five years of service credit, including at least one year after the last time they withdrew retirement contributions. Alternatively, a member can retire without the five years of service requirement if they are 55 or older and have service credits not used in another retirement system (except Social Security) and retire at the same time with another retirement system. Applications for retirement under these conditions must be submitted using the system's form.

(a)CA Education Code § 24201(a) A member may retire for service under this part upon written application for retirement to the board on a properly executed form provided by the system, under paragraph (1) or (2) as follows:
(1)CA Education Code § 24201(a)(1) The member has attained 55 years of age or more and has at least five years of credited service, at least one year of which has been performed subsequent to the most recent refund of accumulated retirement contributions. The five years of credited service may include out-of-state service purchased pursuant to Section 22820. The number of years of credited service performed in California shall not be less than the number of years necessary to determine final compensation pursuant to Section 22134 or 22135, whichever is applicable to the member.
(2)CA Education Code § 24201(a)(2) The member is credited with service that is not used as a basis for benefits under any other public retirement system, excluding the federal social security system, if the member has attained 55 years of age or older and retires concurrently under one or more of the retirement systems with which the member has concurrent membership as defined in Section 22115.2.
(b)CA Education Code § 24201(b) Application for retirement under paragraph (2) of subdivision (a) may be made even if the member has not earned five years of credited service.

Section § 24201.5

Explanation

This law allows certain members who apply for disability benefits to also apply for service retirement benefits while waiting for a decision on their disability application. If the service retirement application is approved, members can't get a lump-sum payment or an allowance calculated under specific sections if the disability application is later denied or canceled. There are specific rules about the timing of applications and changes to them, especially if an application is denied or canceled. If a disability application is approved, the service retirement application is canceled, and disability payments are backdated. If a member dies during this process, the type of retirement considered at the time of death affects the benefits paid. The system can recover overpayments, and one cannot get multiple types of benefits for the same time period. Changes from this law will start on a date posted by 2026.

(a)CA Education Code § 24201.5(a) A member who is eligible and applies for a disability allowance or retirement pursuant to Section 24001 or 24101 may apply to receive a service retirement allowance pending the determination of their application for disability, subject to all of the following:
(1)CA Education Code § 24201.5(a)(1) The member is eligible to retire for service under Section 24201 or 24203.
(2)CA Education Code § 24201.5(a)(2) The member submits the application on a form provided by the system, subject to all of the following:
(A)CA Education Code § 24201.5(a)(2)(A) The application is executed no earlier than the date the application for disability benefits is executed and no earlier than six months before the effective date of the retirement allowance.
(B)CA Education Code § 24201.5(a)(2)(B) The effective date is no earlier than the first day of the month in which the application for disability benefits is received by the system, unless the application for disability benefits is denied or canceled and the member has indicated an earlier service retirement date on the application to use if denied or canceled. If the application for disability benefits is denied or canceled, the service retirement date of a member who submits an application for retirement pursuant to this section shall be no earlier than 270 calendar days prior to when the application for service retirement is received by the system.
(C)CA Education Code § 24201.5(a)(2)(C) The effective date is later than the last day the member earned creditable compensation pursuant to Section 22119.2 or 22119.3.
(D)CA Education Code § 24201.5(a)(2)(D) The effective date is no earlier than one year following the date on which a retirement allowance was terminated pursuant to Section 24208, unless the application for disability benefits is denied or canceled and the member has indicated an earlier service retirement date on the application to use if denied or canceled. If the application for disability benefits is denied or canceled, the service retirement date is no earlier than one day after the date on which a retirement allowance was terminated pursuant to Section 24208, provided that the retirement allowance is terminated no earlier than 270 calendar days prior to when the application for service retirement is received by the system.
(E)CA Education Code § 24201.5(a)(2)(E) The effective date is no earlier than one year following the date on which a retirement allowance was terminated pursuant to subdivision (a) of Section 24117.
(3)CA Education Code § 24201.5(a)(3) The effective date of the service retirement allowance can be no earlier than the date upon and continuously after which the member is determined to the satisfaction of the board to have been mentally incompetent.
(4)CA Education Code § 24201.5(a)(4) A member who applies for service retirement under this section is not eligible to receive a lump-sum payment and an actuarially reduced monthly allowance pursuant to Section 24221.
(5)CA Education Code § 24201.5(a)(5) A member who applies for service retirement under this section is not eligible to receive an allowance calculated pursuant to Section 24205.
(6)CA Education Code § 24201.5(a)(6) A member who applies for service retirement under this section and elects to receive their retirement benefit pursuant to Section 25009 as a lump-sum payment is not eligible to elect a disability benefit pursuant to Section 25016 or 25018.1.
(7)Copy CA Education Code § 24201.5(a)(7)
(A)Copy CA Education Code § 24201.5(a)(7)(A) Except as described in subparagraph (B), a member who applies for service retirement under this section shall not receive service credit for each day of accumulated and unused leave of absence for illness or injury or for education pursuant to Section 22717 or 22717.5.
(B)CA Education Code § 24201.5(a)(7)(A)(B) If the application for disability is denied or canceled, the member’s service retirement allowance shall be adjusted to the effective date of the service retirement to include service credited pursuant to Section 22717 or 22717.5.
(8)CA Education Code § 24201.5(a)(8) If the application for disability is denied or canceled, a member who applies for a service retirement allowance under this section is subject to all of the following:
(A)CA Education Code § 24201.5(a)(8)(A) Unless otherwise provided in this part, a member who, on their application for service retirement, elects an option pursuant to Section 24300.1 or 24307 may not change or revoke that option.
(B)CA Education Code § 24201.5(a)(8)(B) If the member receives a modified service retirement allowance based on the election of an option pursuant to Section 24300.1 or 24307, that modified service retirement allowance shall continue in effect and unchanged.
(C)CA Education Code § 24201.5(a)(8)(C) If the member did not elect an option pursuant to Section 24300.1 or 24307 and receives an unmodified service retirement allowance, that unmodified service retirement allowance shall continue in effect and unchanged.
(b)CA Education Code § 24201.5(b) A member who applies for service retirement under this section may change or cancel their service retirement application pursuant to Section 24204, or may terminate their service retirement allowance pursuant to Section 24208.
(c)CA Education Code § 24201.5(c) A member may not cancel their application for disability prior to a determination of that application unless they submit a written request to the system. If a member elects to cancel their service retirement application or elects to terminate their service retirement allowance as described in subdivision (b), that election shall not cancel the application for disability.
(d)Copy CA Education Code § 24201.5(d)
(1)Copy CA Education Code § 24201.5(d)(1) Subparagraph (C) of paragraph (1) of subdivision (a) of Section 24001 and paragraph (3) of subdivision (a) of Section 24101 shall not apply to a member who cancels an application for service retirement pursuant to Section 24204 or who terminates a service retirement allowance pursuant to Section 24208, if all of the following apply:
(A)CA Education Code § 24201.5(d)(1)(A) The member earned at least one year of credited service subsequent to the most recent terminated service retirement allowance.
(B)CA Education Code § 24201.5(d)(1)(B) The member’s application for disability under this section is pending determination by the board.
(2)CA Education Code § 24201.5(d)(2) If the member’s application for disability under this section is denied or canceled, subparagraph (C) of paragraph (1) of subdivision (a) of Section 24001 and paragraph (3) of subdivision (a) of Section 24101 shall apply if the member submits a new application for disability.
(e)Copy CA Education Code § 24201.5(e)
(1)Copy CA Education Code § 24201.5(e)(1) If the board approves the application for disability, and notwithstanding subdivision (f) of Section 24204, the board shall cancel the member’s application for service retirement and shall authorize payment of a disability allowance or disability retirement.
(2)CA Education Code § 24201.5(e)(2) If the board approves the application for disability and the member has received service retirement allowance payments under this part, the effective date for the disability allowance or disability retirement shall be the same as the effective date of the service retirement allowance.
(f)CA Education Code § 24201.5(f) If a member who applies for service retirement under this section dies prior to a determination by the board on the application for disability, the member shall be considered retired for service at the time of death, and any subsequent benefits shall be paid accordingly.
(g)CA Education Code § 24201.5(g) If a member who applies for service retirement under this section dies after the board has approved the member’s application for disability, the member shall be considered a disabled member, or retired for disability, at the time of death, and any subsequent benefits shall be paid accordingly, even if the member died prior to receiving notification of the approval of their application for disability.
(h)CA Education Code § 24201.5(h) If the member changes or cancels their service retirement application or terminates their service retirement allowance as described in subdivision (b), the system shall make appropriate adjustments to the applicable service retirement allowance, disability allowance, or disability retirement allowance, retroactive to the effective date of the disability allowance or disability retirement allowance. Subdivision (a) of Section 24617 shall not apply.
(i)CA Education Code § 24201.5(i) The system may recover a service retirement allowance overpayment made to a member by deducting that overpayment from any subsequent disability benefit payable to the member.
(j)CA Education Code § 24201.5(j) Nothing in this section shall be construed to allow a member or beneficiary to receive more than one type of retirement or disability allowance for the same period of time.
(k)Copy CA Education Code § 24201.5(k)
(1)Copy CA Education Code § 24201.5(k)(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 website of the system no later than January 1, 2026.
(2)CA Education Code § 24201.5(k)(2) This section shall become operative on the date determined by the board pursuant to paragraph (1).

Section § 24202

Explanation

If a member retires from their job for service after June 30, 1972, they will receive two types of retirement payments. First, they’ll get a monthly pension based on 2% of their final salary for every year they've worked, adjusted if they retire before reaching a certain older age. Additionally, they’ll receive a payment based on their contributions to an annuity fund. When calculating these benefits, their age at the end of the retirement month is used. However, this calculation method doesn't apply to state employees or to those under the California Public Employees’ Pension Reform Act of 2013.

(a)CA Education Code § 24202(a) A member who retires for service after June 30, 1972, shall receive a retirement allowance consisting of both of the following:
(1)CA Education Code § 24202(a)(1) An annual allowance payable in monthly installments, upon retirement at normal retirement age but less than age 601/4, equal to 2 percent of the final compensation for each year of credited service. If the member’s retirement is effective at less than normal retirement age and between early retirement age and normal retirement age, the member’s allowance shall be reduced by one-half of 1 percent for each full month, or fraction of a month that will elapse until the member will attain normal retirement age.
(2)CA Education Code § 24202(a)(2) An annuity that shall be the actuarial equivalent of the accumulated annuity deposit contributions standing to the credit of the member’s account at the time of retirement.
(b)CA Education Code § 24202(b) In computing the amounts described in subdivision (a), the age of the member on the last day of the month in which the retirement allowance begins to accrue or such later date as provided in Section 24204 shall be used.
(c)CA Education Code § 24202(c) The amendments to this section during the 1997–98 Regular Session of the Legislature shall not apply to state employees.
(d)CA Education Code § 24202(d) This section shall not apply to a member subject to the California Public Employees’ Pension Reform Act of 2013.

Section § 24202.5

Explanation

This law explains how retirement allowances are calculated for members who retire on or after January 1, 1999. They receive a monthly payment based on a percentage of their final salary multiplied by their years of service. This percentage increases with age, starting at age 60. If someone retires before reaching the normal retirement age, their allowance is reduced slightly for each month they retire early. The law also includes annuities based on the member's contributions and account balances. However, this does not apply to those under the California Public Employees’ Pension Reform Act of 2013.

(a)CA Education Code § 24202.5(a) A member who retires for service on or after January 1, 1999, shall receive a retirement allowance consisting of all of the following:
(1)CA Education Code § 24202.5(a)(1) An annual allowance payable in monthly installments, upon retirement equal to the percentage of the final compensation set forth opposite the member’s age at retirement in the following table multiplied by each year of credited service:
Age at Retirement
Percentage
60  ........................
2.00
60¼  ........................
2.033
60½  ........................
2.067
60¾  ........................
2.10
61  ........................
2.133
61¼  ........................
2.167
61½  ........................
2.20
61¾  ........................
2.233
62  ........................
2.267
62¼  ........................
2.30
62½  ........................
2.333
62¾  ........................
2.367
63 and over  ........................
2.40
If the member’s retirement is effective at less than normal retirement age and between early retirement age and normal retirement age, the member’s allowance shall be reduced by one-half of 1 percent for each full month, or fraction of a month that will elapse until the member will attain normal retirement age.
(2)CA Education Code § 24202.5(2) An annuity that shall be the actuarial equivalent of the member’s accumulated annuity deposit contributions at the time of retirement.
(3)CA Education Code § 24202.5(3) An annuity based on the balance of credits in the member’s Defined Benefit Supplement account, pursuant to Section 25012, if elected by the member pursuant to Section 25011 or 25011.1.
(b)CA Education Code § 24202.5(b) In computing the amounts described in paragraph (1) of subdivision (a), the age of the member on the last day of the month in which the retirement allowance begins to accrue or the later date as described in Section 24204 shall be used.
(c)CA Education Code § 24202.5(c) This section shall not apply to a member subject to the California Public Employees’ Pension Reform Act of 2013.

Section § 24202.6

Explanation

This law is about how retirement benefits are calculated for members subject to the California Public Employees’ Pension Reform Act of 2013. When a member retires, they receive a yearly amount paid monthly. This amount depends on their age when retiring and how many years they have worked, following a specific percentages table. If they retire before the standard retirement age, their benefits will be reduced by a small amount for each month they retire early. The age used for calculating benefits is determined at the end of the month when payments begin, and the compensation used in the benefits calculation might have limits based on another law section.

(a)CA Education Code § 24202.6(a) A member subject to the California Public Employees’ Pension Reform Act of 2013 shall receive a retirement allowance consisting of all of the following:
(1)CA Education Code § 24202.6(a)(1) An annual allowance payable in monthly installments upon retirement equal to the percentage of the final compensation set forth opposite the member’s age at retirement in the following table multiplied by each year of credited service:
Age at Retirement
Percentage
62 ........................
   2.000
621/4 ........................
   2.033
621/2 ........................
   2.067
623/4 ........................
   2.100
63 ........................
   2.133
631/4 ........................
   2.167
631/2 ........................
   2.200
633/4 ........................
   2.233
64 ........................
   2.267
641/4 ........................
   2.300
641/2 ........................
   2.333
643/4 ........................
   2.367
65 ........................
   2.400
(2)CA Education Code § 24202.6(2) If a member retires after attaining early retirement age but before attaining normal retirement age, the member’s allowance shall be reduced by one-half of 1 percent for each full month, or fraction of a month, that will elapse until the member will attain normal retirement age.
(b)CA Education Code § 24202.6(b) In computing the amounts described in paragraph (1) of subdivision (a), the age of the member on the last day of the month in which the retirement allowance begins to be payable or the later date as described in Section 24204 shall be used.
(c)CA Education Code § 24202.6(c) Creditable compensation used to calculate the defined benefit shall be limited as described in Section 22119.3.

Section § 24202.7

Explanation
This law states that for individuals covered by the California Public Employees’ Pension Reform Act of 2013, they can retire early or at the minimum age of 55, and the typical retirement age is set at 62.
Notwithstanding any other provision of this part, for a member subject to the California Public Employees’ Pension Reform Act of 2013, the minimum retirement age shall be 55 years of age, the early retirement age shall be 55 years of age, and the normal retirement age shall be 62 years of age.

Section § 24202.8

Explanation

This law expresses a goal set by the Legislature for an agency or system to pinpoint and suggest any needed updates to laws. These updates are required so that the changes described in Sections 24202.6 and 24202.7 are fully implemented by June 30, 2013.

It is the intent of the Legislature that the system identify and propose all statutory changes necessary to fully effectuate the implementation of the changes established in Sections 24202.6 and 24202.7 in all relevant statutes by June 30, 2013.

Section § 24203

Explanation

If you're part of a retirement system and have worked for 30 years, you can retire at age 50 or older. You'll get 2% of your final salary for each year worked. However, if you retire before reaching early or normal retirement age, the amount is slightly reduced based on how early you're retiring. The age considered for your benefits is the age you are when your retirement starts. This rule doesn't apply to those under the 2013 California pension reform.

(a)CA Education Code § 24203(a) A member who has 30 years of credited service under this part may retire at age 50 years or older and receive an annual allowance equal to 2 percent of final compensation for each year of credited service. If the member has attained age 50 years, but has not attained early retirement age, the allowance shall be reduced by one-quarter of 1 percent for each full month or fraction of a month that will elapse until the member will attain early retirement age and one-half of 1 percent for each full month, or fraction of a month between early retirement age and normal retirement age.
(b)CA Education Code § 24203(b) In computing the amounts described in subdivision (a), the age of the member on the last day of the month in which the retirement allowance begins to accrue or any later date provided in Section 24204 shall be used.
(c)CA Education Code § 24203(c) This section shall not apply to a member subject to the California Public Employees’ Pension Reform Act of 2013.

Section § 24203.5

Explanation

This law addresses how certain California educators' retirement allowances are calculated. If you retire after January 1, 1999, with 30 or more years of service, the percentage used to calculate your pension gets a small increase. However, this increase can't make your total percentage exceed 2.40%. Some types of service, like those related to specific sections mentioned, don't count towards the 30 years needed for this increase. Additionally, if a court awards service credit to a nonmember spouse or if you have made certain payments since 2000, it impacts your eligibility for this benefit. Essentially, it's about who qualifies for a little extra on their pension and under what conditions.

(a)CA Education Code § 24203.5(a) The percentage of final compensation used to compute the allowance pursuant to Section 24202.5, 24203, 24205, 24209, 24209.3, 24210, 24211, 24212, or 24213 of a member retiring on or after January 1, 1999, who has 30 or more years of credited service, shall be increased by two-tenths of 1 percentage point, provided that the sum of the percentage of final compensation used to compute the allowance, including any adjustments for retiring before the normal retirement age, and the additional percentage provided by this section does not exceed 2.40 percent.
(b)CA Education Code § 24203.5(b) For purposes of establishing eligibility for the increased allowance pursuant to this section only, credited service shall exclude service credited pursuant to the following:
(1)CA Education Code § 24203.5(b)(1) Section 22714.
(2)CA Education Code § 24203.5(b)(2) Section 22715.
(3)CA Education Code § 24203.5(b)(3) Section 22717, except as provided in subdivision (c) of Section 22121.
(4)CA Education Code § 24203.5(b)(4) Section 22717.5.
(c)CA Education Code § 24203.5(c) For purposes of establishing eligibility for the increased allowance pursuant to this section only, credited service shall include credited service that a court has ordered be awarded to a nonmember spouse pursuant to Section 22652. A nonmember spouse shall also be eligible for the increased allowance pursuant to this section if the member had 30 or more years of credited service on the date the parties separated, as established in the judgment or court order pursuant to Section 22652.
(d)CA Education Code § 24203.5(d) Nonqualified service credit for which contributions pursuant to Section 22826 were made in a lump sum on or after January 1, 2000, or for which the first installment was made on or after January 1, 2000, may not be included in determining the eligibility for an increased allowance pursuant to this section.

Section § 24203.6

Explanation

This law outlines extra monthly pension increases for members who retire with at least 30 years of service. Members retiring after January 1, 2001, who have 30 or more years of credited service before 2011, are eligible for a monthly increase of $200 to $400, depending on their years of service. The law also applies to nonmember spouses in divorce cases, where the pension credit was divided. These nonmember spouses can receive a proportional share of the increased amount based on the service credited during the marriage. The increase is subject to certain conditions but not affected by some specific other statutes.

(a)CA Education Code § 24203.6(a) In addition to the amount otherwise payable pursuant to Section 24202.5, 24203, 24203.5, 24205, 24209, 24209.3, 24210, 24211, 24212, or 24213, a member shall receive an increase in the monthly allowance, prior to any modification pursuant to Sections 24300, 24300.1, and 24309, in the amount identified in subdivision (b), if the member meets all of the following criteria:
(1)CA Education Code § 24203.6(a)(1) The member retires for service on or after January 1, 2001.
(2)CA Education Code § 24203.6(a)(2) Prior to January 1, 2011, the member has 30 or more years of credited service, including any credited service that a court has ordered be awarded to a nonmember spouse pursuant to Section 22652, but excluding service credited pursuant to the following:
(A)CA Education Code § 24203.6(a)(2)(A) Section 22714.
(B)CA Education Code § 24203.6(a)(2)(B) Section 22715.
(C)CA Education Code § 24203.6(a)(2)(C) Section 22717, except as provided in subdivision (c) of Section 22121.
(D)CA Education Code § 24203.6(a)(2)(D) Section 22717.5.
(E)CA Education Code § 24203.6(a)(2)(E) Section 22826.
(3)CA Education Code § 24203.6(a)(3) The member is receiving an allowance subject to Section 24203.5.
(b)CA Education Code § 24203.6(b) The amount of the increase in the monthly allowance shall be based on the member’s years of credited service at the time of retirement as follows:
30 years of credited service  ........................
$200
31 years of credited service  ........................
$300
32 or more years of credited service  ........................
$400
(c)CA Education Code § 24203.6(c) This section also applies to a nonmember spouse, if all of the following conditions are satisfied:
(1)CA Education Code § 24203.6(c)(1) The member is eligible for the allowance increase pursuant to subdivisions (a) and (b) upon his or her retirement for service.
(2)CA Education Code § 24203.6(c)(2) On the date the parties separated, as established in the judgment or court order pursuant to Section 22652, the member had at least 30 years of credited service, excluding service credited pursuant to the following:
(A)CA Education Code § 24203.6(c)(2)(A) Section 22714.
(B)CA Education Code § 24203.6(c)(2)(B) Section 22715.
(C)CA Education Code § 24203.6(c)(2)(C) Section 22717, except as provided in subdivision (c) of Section 22121.
(D)CA Education Code § 24203.6(c)(2)(D) Section 22717.5.
(E)CA Education Code § 24203.6(c)(2)(E) Section 22826.
(3)CA Education Code § 24203.6(c)(3) The service credit of the member was divided into separate accounts in the name of the member and the nonmember spouse by a court pursuant to Section 22652. The amount identified in the schedule in subdivision (b) and payable pursuant to this section, that is based on the service credited during the marriage, shall be divided and paid to the member and the nonmember spouse proportionately according to the respective percentages of the member’s service credit that were allocated to the member and the nonmember spouse in the court’s order.
(d)CA Education Code § 24203.6(d) The allowance increase provided under this section is not subject to Sections 24415 and 24417, but is subject to Section 22140.

Section § 24203.8

Explanation

This law is about how to calculate retirement benefits for community college workers who started before July 1, 1996. It says their benefits could be higher if calculated using old definitions of full-time work from 1996. The board has the power to set rules for how benefits are calculated, using information like base hours, earnings, and pay rate. If a college lowers the full-time standard for a job, they must tell the retirement system. This law doesn't apply to those in the pension reform act of 2013.

(a)CA Education Code § 24203.8(a) For purposes of determining the allowance payable to a member employed by a community college prior to July 1, 1996, full time shall be defined pursuant to Section 22138.5 and pursuant to Section 20521 of Title 5 of the California Code of Regulations, as those provisions read on June 30, 1996, if application of that definition will increase the allowance payable to the member.
(b)CA Education Code § 24203.8(b) For purposes of administering this section, the board shall have the authority to do both of the following:
(1)CA Education Code § 24203.8(b)(1) Establish and implement factors and assumptions necessary to calculate and compare the benefits payable to an eligible member. Those factors and assumptions may be based on information reported by the employer, including, but not limited to, all of the following:
(A)CA Education Code § 24203.8(b)(1)(A) Base hours.
(B)CA Education Code § 24203.8(b)(1)(B) Actual earnings.
(C)CA Education Code § 24203.8(b)(1)(C) Annualized pay rate.
(2)CA Education Code § 24203.8(b)(2) Review calculations that were performed using the factors and assumptions described in paragraph (1). If the board determines that an employer failed to identify part-time service performed, the board shall consider that part-time service to be performed in a part-time lecture assignment as defined by the employer. If the board determines that the required information reported by the employer is inaccurate, incomplete, or the factors and assumptions were applied incorrectly, the board may recalculate the allowance payable to a member using additional factors and assumptions that may include, but are not limited to, all of the following:
(A)CA Education Code § 24203.8(b)(2)(A) Base hours.
(B)CA Education Code § 24203.8(b)(2)(B) Actual earnings.
(C)CA Education Code § 24203.8(b)(2)(C) Annualized pay rate.
(c)CA Education Code § 24203.8(c) This section shall apply to a member employed by a community college prior to July 1, 1996, if the community college subsequently acts to reduce the minimum standard for full time as described in subdivision (c) of Section 22138.5 for the class of employees, and that community college provides written notice to the system of the act of the community college to reduce that minimum standard.
(d)CA Education Code § 24203.8(d) This section shall not apply to a member subject to the California Public Employees’ Pension Reform Act of 2013.

Section § 24204

Explanation
This law explains how a service retirement allowance can begin for members under specific conditions. To start the allowance, members must designate a date that meets all criteria, such as filing the application within a certain timeline, ensuring the date is after their last day of work, and more. Members can adjust or cancel their retirement application if they do so within certain deadlines and return any payments received. The law also specifies that members can't overlap different retirement benefits for the same time period. Finally, the board must determine when these rules can be effectively implemented and publish that date by January 1, 2026.
(a)CA Education Code § 24204(a) A service retirement allowance under this part shall become effective upon any date designated by the member, provided all of the following conditions are met:
(1)CA Education Code § 24204(a)(1) An application for service retirement allowance is filed on a form provided by the system, which is executed no earlier than six months before the effective date of retirement allowance.
(2)CA Education Code § 24204(a)(2) The effective date of a member who files an application for retirement pursuant to Section 24201 is no earlier than 270 calendar days prior to when the application for service retirement is received by the system.
(3)CA Education Code § 24204(a)(3) The effective date is later than the last day the member earned creditable compensation pursuant to Section 22119.2 or 22119.3.
(4)CA Education Code § 24204(a)(4) The effective date is no earlier than one day after the date on which the retirement allowance was terminated under Section 24208.
(5)CA Education Code § 24204(a)(5) The effective date is no earlier than one year following the date on which the retirement allowance was terminated under subdivision (a) of Section 24117.
(6)CA Education Code § 24204(a)(6) The effective date is no earlier than the date upon and continuously after which the member is determined to the satisfaction of the board to have been mentally incompetent.
(7)CA Education Code § 24204(a)(7) The effective date is no earlier than one day after the date upon which the member completes payment of a service credit purchase pursuant to Section 22801, 22820, or 22826, or payment of a redeposit of contributions pursuant to Section 23200, except as provided in Section 22801 or 22829.
(b)CA Education Code § 24204(b) A member who files an application for service retirement may change or cancel their retirement application if all of the following are met:
(1)CA Education Code § 24204(b)(1) The form provided by the system is received by the system no later than 30 days from the date the member’s initial benefit payment for the member’s most recent retirement under the Defined Benefit Program is paid by the system.
(2)CA Education Code § 24204(b)(2) The member returns the total gross distribution amount of all payments for any canceled benefit, including a lump-sum payment being changed to an annuity, to the system no later than 45 days from the date of the member’s initial benefit payment. The member shall be liable for any adverse tax consequences that may result from these actions.
(c)CA Education Code § 24204(c) Nothing in this section shall be construed to allow a member to receive more than one type of retirement or disability allowance for the same period of time by virtue of the member’s own membership.
(d)Copy CA Education Code § 24204(d)
(1)Copy CA Education Code § 24204(d)(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 website of the system no later than January 1, 2026.
(2)CA Education Code § 24204(d)(2) This section shall become operative on the date determined by the board pursuant to paragraph (1).

Section § 24205

Explanation

If you retire between ages 55 and 60, you can choose to get half of your retirement allowance until you're 60, then switch to the full amount. The calculation is based on your service and salary at retirement. If you pick a joint option, it's adjusted for both your and your beneficiary's ages. You get half your allowance until age 60, for a period that's double the time between retiring and turning 60, then the full amount kicks in after that period. Any benefits or improvements before age 60 don't affect your allowance before then. This doesn't apply if you retire under certain other retirement rules or are part of the 2013 Pension Reform Act.

A member retiring prior to 60 years of age, and who has attained 55 years of age, may elect to receive one-half of the service retirement allowance for normal retirement age for a limited time and then revert to the full retirement allowance for normal retirement age.
(a)CA Education Code § 24205(a) The retirement allowance shall be based on service credit and final compensation as of the date of retirement for service and shall be calculated with the factor for normal retirement age.
(b)CA Education Code § 24205(b) If the member elects a joint and survivor option under Section 24300 or 24300.1, the actuarial reduction shall be based on the member’s and beneficiary’s ages as of the effective date of the early retirement. If the member elected a preretirement option under Section 24307, the actuarial reduction shall be based on the member’s and beneficiary’s ages as determined by the provisions of that section.
(c)CA Education Code § 24205(c) One-half of the retirement allowance as of 60 years of age shall be paid for a period of time equal to twice the elapsed time between the effective date of retirement and the date of the retired member’s 60th birthday.
(d)CA Education Code § 24205(d) The full retirement allowance as calculated under subdivision (a) or (b) shall begin to accrue as of the first of the month following the reduction period as specified in subdivision (c). The full retirement allowance shall not begin to accrue prior to this time under any circumstances, including, but not limited to, divorce or death of the named beneficiary.
(e)CA Education Code § 24205(e) The annual improvement factor provided for in Sections 22140 and 22141 shall be based upon the retirement allowance as calculated under subdivision (a) or (b). The improvement factor shall begin to accrue on September 1 following the retired member’s 60th birthday. These increases shall be accumulated and shall become payable when the full retirement allowance for normal retirement age first becomes payable.
(f)CA Education Code § 24205(f) Any ad hoc benefit increase with an effective date prior to the retired member’s 60th birthday shall not affect an allowance payable under this section. Only those ad hoc improvements with effective dates on or after the retired member’s 60th birthday shall be accrued and accumulated and shall first become payable when the full retirement allowance for normal retirement age becomes payable.
(g)CA Education Code § 24205(g) The cancellation of an option election in accordance with Section 24322 shall not cancel the election under this section. Upon cancellation of the joint and survivor option, one-half of the retired member’s retirement allowance as calculated under subdivision (a) shall become payable for the balance of the reduction period specified in subdivision (c).
(h)CA Education Code § 24205(h) If a retired member who has elected a joint and survivor option dies during the period when the reduced allowance is payable, the beneficiary shall receive one-half of the allowance payable to the beneficiary until the date when the retired member would have received the full retirement allowance for normal retirement age. At that time, the beneficiary’s allowance shall be increased to the full amount payable to the beneficiary plus the appropriate annual improvement factor increases and ad hoc increases.
(i)CA Education Code § 24205(i) This section shall not apply to a member who retires for service pursuant to Section 24201.5, 24209, 24209.3, 24210, 24211, or 24212.
(j)CA Education Code § 24205(j) This section shall not apply to a member subject to the California Public Employees’ Pension Reform Act of 2013.

Section § 24206

Explanation

This law ensures that when someone retires from the Defined Benefit Program, their monthly retirement allowance will not fall below $10 for each year they’ve worked, before considering other types of benefits or accounts. However, this guaranteed monthly amount can be reduced if benefits from a local system apply, or if the person retires before reaching the typical retirement age, in which case their allowance decreases slightly for each month they're early.

The minimum unmodified allowance for service retirement under the Defined Benefit Program, exclusive of annuities payable from accumulated annuity deposit contributions and exclusive of the balance of credits in the member’s Defined Benefit Supplement account, shall not be less than ten dollars ($10) per month multiplied by the member’s years of credited service. This guaranteed amount shall be reduced by the amount of an unmodified allowance payable from a local system based on service credited under the Defined Benefit Program. If the retirement is effective at less than normal retirement age this allowance shall be reduced by one-half of 1 percent for each full month or fraction of a month that will elapse until the member would have reached normal retirement age.

Section § 24207

Explanation

If a retired person stops receiving their retirement allowance and then decides to retire again, the lowest amount they can receive is outlined in Section 24206.

If a retired member terminates a service retirement allowance and subsequently retires under this part, the minimum retirement allowance shall be the allowance provided by Section 24206.

Section § 24208

Explanation

If you're retired and receiving benefits, you can stop getting those benefits by asking officially in writing, but there are some rules. You need to use a specific form, and it can't be filed more than six months before you want the benefits to stop. The date you pick for stopping has to be at least the first day of the month when they get your request. You can also change your mind and cancel the stop request if they get your new form by the end of the same month. If you stop your benefits, you can later apply to start them again under certain sections. However, if you stop your benefits and apply again within a year, you can't change the option or beneficiaries from what they were before. You'll also have to pick the same option and beneficiaries if you retire again within a year of restarting your benefits.

(a)CA Education Code § 24208(a) A member retired for service under this part may terminate the retirement allowance payable under this part and applicable to his or her credited service upon written request to the system effective upon a date designated by the member, subject to the following conditions:
(1)CA Education Code § 24208(a)(1) The request for termination of the retirement allowance is filed on a form provided by the system, and the form is executed no earlier than six months before the effective date of the termination.
(2)CA Education Code § 24208(a)(2) The effective date of the termination of the retirement allowance is no earlier than the first day of the month in which the request for termination is received in the system’s headquarters office or no earlier than one day after the benefit effective date of the most recent retirement, whichever is later.
(b)CA Education Code § 24208(b) A member who files a request for termination of the retirement allowance may cancel or change the termination upon written request to the system. The request for cancellation or change must be on a form provided by the system and shall be received in the system’s headquarters office no later than the last day of the month in which the request for termination to be canceled or changed is effective.
(c)CA Education Code § 24208(c) A member whose retirement allowance is terminated pursuant to this section may apply for retirement pursuant to Section 24209 or Section 24209.3, in accordance with Section 24204.
(d)CA Education Code § 24208(d) A member whose retirement allowance is terminated pursuant to this section may not file a preretirement election of an option pursuant to Section 24307 within one year of reinstatement that elects either a different option or a different beneficiary or set of beneficiaries, or both, than were in effect at the time the retirement allowance was terminated.
(e)CA Education Code § 24208(e) A member whose retirement allowance is terminated pursuant to this section and retires pursuant to Section 24209 with a benefit effective date within one year of reinstatement shall elect the same option and beneficiary or beneficiaries that were in effect at the time the retirement allowance was terminated.

Section § 24209

Explanation

This law is about how retirement benefits are calculated for members who retire after rejoining the service. It says that when someone retires again, their retirement payment will include the benefit amount they were eligible for before coming back, adjusted for inflation. They also get an additional amount based on the work they did after returning, their age, and final pay. If someone has 30 or more years of service, their benefits are calculated differently, possibly leading to a larger payment. There are special rules if the retiree previously received disability payments before coming back to work. Importantly, certain benefits comparisons don't apply here.

(a)CA Education Code § 24209(a) Upon retirement for service following reinstatement, the member shall receive a service retirement allowance equal to the sum of both of the following:
(1)CA Education Code § 24209(a)(1) An amount equal to the monthly allowance the member was eligible to receive immediately preceding the most recent reinstatement, exclusive of any amounts payable pursuant to Section 22714 or 22715, increased by the improvement factor that would have been applied to the allowance if the member had not reinstated.
(2)CA Education Code § 24209(a)(2) An amount calculated pursuant to Section 24202, 24202.5, 24202.6, 24203, 24203.5, or 24206 based on credited service accrued, including any service granted pursuant to Section 22717 or 22717.5, subsequent to the most recent reinstatement, the member’s age on the last day of the month in which the retirement allowance begins to accrue, and final compensation.
(b)CA Education Code § 24209(b) If the total amount of credited service accrued, other than that accrued pursuant to Sections 22714, 22715, 22717, 22717.5, and 22826, except as provided in subdivision (c) of Section 22121, is equal to or greater than 30 years, the amounts identified in paragraphs (1), for members who initially retired on or after January 1, 1999, and (2) of subdivision (a) shall be calculated pursuant to Section 24203.5.
(c)CA Education Code § 24209(c) If the total amount of credited service accrued, other than that accrued pursuant to Sections 22714, 22715, 22717, 22717.5, and 22826, except as provided in subdivision (c) of Section 22121, is equal to or greater than 30 years, upon retirement for service following reinstatement, a member who retired pursuant to Section 24213, and received the terminated disability allowance for the prior retirement, shall receive a service retirement allowance equal to the sum of the following:
(1)CA Education Code § 24209(c)(1) An amount based on the credited service accrued, including any service granted pursuant to Section 22717 or 22717.5, prior to the effective date of the disability allowance, the member’s age at the prior retirement increased by the factor provided in Section 24203.5, and projected final compensation.
(2)CA Education Code § 24209(c)(2) An amount calculated pursuant to Section 24202, 24202.5, 24202.6, 24203.5, or 24206 based on credited service accrued, including any service granted pursuant to Section 22717 or 22717.5, subsequent to the reinstatement, the member’s age on the last day of the month in which the retirement allowance begins to accrue, and final compensation using compensation earnable, or projected final compensation, or a combination of both.
(d)CA Education Code § 24209(d) Benefits calculated pursuant to this section shall not take into consideration the benefit comparison described in Section 24203.8.

Section § 24209.3

Explanation

This section outlines how retirement benefits are calculated for members who retired, returned to work, earn two or more years of additional credit, and then retire again. Depending on their previous retirement status, members will receive a retirement allowance calculated based on service before the first retirement and any additional service earned after returning to work. Each scenario considers factors like age at retirement, total time previously retired, and final compensation. The section also ensures that these members receive at least the minimum benefits they are entitled to under other relevant provisions. Moreover, allowances can be increased if higher final compensation is used, and lump-sum payments may reduce future payouts.

(a)CA Education Code § 24209.3(a) Notwithstanding subdivision (a) of Section 24209, and exclusive of any amounts payable during the prior retirement for service pursuant to Section 22714, or 22715:
(1)CA Education Code § 24209.3(a)(1) A member who retired, other than pursuant to Section 24210, 24211, 24212, or 24213, and who reinstates and performs creditable service, as defined in Section 22119.5, after the most recent reinstatement, in an amount equal to two or more years of credited service, shall, upon retirement for service on or after the effective date of this section, receive a service retirement allowance equal to the sum of the following:
(A)CA Education Code § 24209.3(a)(1)(A) An amount calculated pursuant to this chapter based on credited service accrued, including any service granted pursuant to Section 22717 or 22717.5, prior to the most recent reinstatement, using the member’s age at the subsequent service retirement, from which age shall be deducted the total time during which the member was retired for service, and final compensation.
(B)CA Education Code § 24209.3(a)(1)(B) An amount calculated pursuant to this chapter based on credited service accrued, including any service granted pursuant to Section 22717 or 22717.5, subsequent to the most recent reinstatement, using the member’s age on the last day of the month in which the retirement allowance begins to accrue, and final compensation.
(2)CA Education Code § 24209.3(a)(2) A member who retired pursuant to Section 24210 and who reinstates and performs creditable service, as defined in Section 22119.5, after the most recent reinstatement, in an amount equal to two or more years of credited service, shall, upon retirement for service on or after the effective date of this section, receive a service retirement allowance equal to the sum of the following:
(A)CA Education Code § 24209.3(a)(2)(A) An amount calculated pursuant to this chapter based on credited service accrued, including any service granted pursuant to Section 22717 or 22717.5, prior to the effective date of the disability retirement, using the member’s age at the subsequent service retirement, from which age shall be deducted the total time during which the member was retired for service, and indexed final compensation to the effective date of the initial service retirement.
(B)CA Education Code § 24209.3(a)(2)(B) An amount calculated pursuant to this chapter based on the credited service accrued, including any service granted pursuant to Section 22717 or 22717.5, after termination of the disability retirement, excluding credited service accrued or granted subsequent to the most recent reinstatement, using the member’s age at the subsequent service retirement, from which age shall be deducted the total time during which the member was retired for service, and final compensation.
(C)CA Education Code § 24209.3(a)(2)(C) An amount calculated pursuant to this chapter based on credited service accrued, including any service granted pursuant to Section 22717 or 22717.5, subsequent to the most recent reinstatement, using the member’s age on the last day of the month in which the retirement allowance begins to accrue, and final compensation.
(3)CA Education Code § 24209.3(a)(3) A member who retired pursuant to Section 24211 and who reinstates and performs creditable service, as defined in Section 22119.5, after the most recent reinstatement, in an amount equal to two or more years of credited service, shall, upon retirement for service on or after the effective date of this section, receive a service retirement allowance equal to the sum of the following:
(A)CA Education Code § 24209.3(a)(3)(A) The greater of (i) the disability allowance the member was eligible to receive immediately prior to termination of that allowance, excluding the children’s portion, or (ii) an amount calculated pursuant to this chapter based on credited service accrued prior to the effective date of the disability allowance, excluding credited service accrued or granted pursuant to Section 22717 or 22717.5 or Chapter 14 (commencing with Section 22800) or Chapter 14.2 (commencing with Section 22820) or Chapter 19 (commencing with Section 23200), using the member’s age at the subsequent service retirement, from which age shall be deducted the total time during which the member was retired for service, and final compensation using compensation earnable, or projected final compensation earnable, or a combination of both.
(B)CA Education Code § 24209.3(a)(3)(B) An amount equal to either of the following:
(i)CA Education Code § 24209.3(a)(3)(B)(i) For a member who was receiving a benefit pursuant to subdivision (a) of Section 24211, an amount calculated pursuant to this chapter based on credited service accrued at the time of the retirement pursuant to Section 24211, excluding credited service accrued or granted prior to the effective date of the disability allowance or pursuant to Section 22717 or 22717.5 or Chapter 14 (commencing with Section 22800) or Chapter 14.2 (commencing with Section 22820) or Chapter 19 (commencing with Section 23200), the member’s age at the subsequent service retirement, from which age shall be deducted the total time during which the member was retired for service, and final compensation using compensation earnable, or projected final compensation, or a combination of both.
(ii)CA Education Code § 24209.3(a)(3)(B)(ii) For a member who was receiving a benefit pursuant to subdivision (b) of Section 24211, an amount calculated pursuant to this chapter based on projected service at the time of the retirement pursuant to Section 24211, excluding credited service accrued or granted prior to the effective date of the disability allowance or pursuant to Section 22717 or 22717.5 or Chapter 14 (commencing with Section 22800) or Chapter 14.2 (commencing with Section 22820) or Chapter 19 (commencing with Section 23200), the member’s age at the subsequent service retirement, from which age shall be deducted the total time during which the member was retired for service, and final compensation using compensation earnable, or projected final compensation, or a combination of both.
(C)CA Education Code § 24209.3(a)(3)(C) An amount based on any credited service accrued or granted pursuant to Section 22717 or 22717.5 or Chapter 14 (commencing with Section 22800) or Chapter 14.2 (commencing with Section 22820) or Chapter 19 (commencing with Section 23200), at the time of the retirement pursuant to Section 24211, using the member’s age at the subsequent service retirement, from which age shall be deducted the total time during which the member was retired for service, and final compensation using compensation earnable, or projected final compensation, or a combination of both.
(D)CA Education Code § 24209.3(a)(3)(D) An amount calculated pursuant to this chapter based on credited service accrued subsequent to the most recent reinstatement, including credited service accrued or granted pursuant to Section 22714, 22715, 22717, or 22717.5 or Chapter 14 (commencing with Section 22800) or Chapter 14.2 (commencing with Section 22820) or Chapter 19 (commencing with Section 23200), using the member’s age on the last day of the month in which the retirement allowance begins to accrue, and final compensation using compensation earnable, or projected final compensation, or a combination of both.
(4)CA Education Code § 24209.3(a)(4) A member who retired pursuant to Section 24212 or 24213 and who reinstates and performs creditable service, as defined in Section 22119.5, after the most recent reinstatement, in an amount equal to two or more years of credited service, shall, upon retirement for service on or after the effective date of this section, receive a service retirement allowance equal to the sum of the following:
(A)CA Education Code § 24209.3(a)(4)(A) An amount calculated pursuant to this chapter based on the member’s projected service at the time of the retirement pursuant to Section 24212 or 24213, including credited service accrued or granted pursuant to Section 22717 or 22717.5 or Chapter 14 (commencing with Section 22800) or Chapter 14.2 (commencing with Section 22820) or Chapter 19 (commencing with Section 23200), using the member’s age at the subsequent service retirement, from which age shall be deducted the total time during which the member was retired for service, and final compensation using compensation earnable, or projected final compensation, or a combination of both.
(B)CA Education Code § 24209.3(a)(4)(B) An amount calculated pursuant to this chapter based on credited service accrued subsequent to the most recent reinstatement, including credited service accrued or granted pursuant to Section 22714, 22715, 22717, or 22717.5 or Chapter 14 (commencing with Section 22800) or Chapter 14.2 (commencing with Section 22820) or Chapter 19 (commencing with Section 23200), using the member’s age on the last day of the month in which the retirement allowance begins to accrue, and final compensation using compensation earnable, or projected final compensation, or a combination of both.
(b)CA Education Code § 24209.3(b) If the total amount of credited service, other than projected service, or service that accrued or was granted pursuant to Sections 22714, 22715, 22717, 22717.5, and 22826, except as provided in subdivision (c) of Section 22121, is equal to or greater than the number of years required to be eligible for an increased allowance pursuant to this chapter or Section 22134.5, the amounts identified in this section shall be calculated pursuant to the section authorizing the increased benefit.
(c)CA Education Code § 24209.3(c) For members receiving an allowance pursuant to Section 24410.5 or 24410.6, the amount payable pursuant to this section shall not be less than the amount payable to the member as of the effective date of reinstatement.
(d)CA Education Code § 24209.3(d) The amount payable pursuant to this section shall not be less than the amount that would be payable to the member pursuant to Section 24209.
(e)CA Education Code § 24209.3(e) For purposes of determining an allowance increase pursuant to Sections 24415 and 24417, the calendar year of retirement shall be the year of the subsequent retirement if the final compensation used to calculate the allowance pursuant to this section is higher than the final compensation used to calculate the allowance for the prior retirement.
(f)CA Education Code § 24209.3(f) The allowance paid pursuant to this section to a member receiving a lump-sum payment pursuant to Section 24221 shall be actuarially reduced to reflect that lump-sum payment.
(g)CA Education Code § 24209.3(g) Benefits calculated pursuant to this section shall not take into consideration the benefit comparison described in Section 24203.8.

Section § 24210

Explanation

This law explains how retirement benefits are calculated for someone who retires after having previously retired on disability, but whose disability retirement was later stopped. The retirement allowance they receive is based on two parts: first, the service they completed before their disability retirement began, and second, the service they completed after their disability retirement ended. In both cases, factors like their age and final compensation are considered in the calculation.

Upon retirement for service following a prior disability retirement granted pursuant to Chapter 26 (commencing with Section 24100) that was terminated, the member shall receive a service retirement allowance calculated pursuant to Section 24202, 24202.5, 24202.6, 24203, 24203.5, 24203.6, or 24206 and equal to the sum of both of the following:
(a)CA Education Code § 24210(a) An amount based on credited service accrued, including any service granted pursuant to Section 22717 or 22717.5, prior to the effective date of the disability retirement, the member’s age on the last day of the month in which the retirement allowance begins to accrue, and indexed final compensation to the effective date of the service retirement.
(b)CA Education Code § 24210(b) An amount based on the credited service accrued, including any service granted pursuant to Section 22717 or 22717.5, after termination of the disability retirement, the member’s age on the last day of the month in which the retirement allowance begins to accrue, and final compensation.

Section § 24211

Explanation

If a teacher who received a disability allowance returns to work and then retires again, the retirement allowance they receive depends on how long they worked after returning. If they work less than three years, their allowance is based on their service after the disability allowance ended and their age, or they get the disability allowance they previously had, whichever is greater. If they work three or more years, it's calculated based on all their service using either the service if that's greater or their previous disability allowance. These calculations exclude certain types of credited service unless they have 30 years of service, in which case different rules apply. Members can choose different options for their service retirement allowance when they retire.

When a member who has been granted a disability allowance under this part after June 30, 1972, returns to employment subject to coverage under the Defined Benefit Program and performs:
(a)CA Education Code § 24211(a) Less than three years of creditable service after termination of the most recent disability allowance, the member shall receive a retirement allowance which is the sum of the allowance calculated on credited service accrued after the termination date of the disability allowance, excluding credited service accrued or granted pursuant to Section 22717 or 22717.5 or Chapter 14 (commencing with Section 22800) or Chapter 14.2 (commencing with Section 22820) or Chapter 19 (commencing with Section 23200), the age of the member on the last day of the month in which the retirement allowance begins to accrue, and final compensation using compensation earnable or projected final compensation, or a combination of both, plus the greater of either of the following:
(1)CA Education Code § 24211(a)(1) A service retirement allowance calculated on credited service accrued as of the effective date of the disability allowance, excluding credited service accrued or granted pursuant to Section 22717 or 22717.5 or Chapter 14 (commencing with Section 22800) or Chapter 14.2 (commencing with Section 22820) or Chapter 19 (commencing with Section 23200), the member’s age on the last day of the month in which the retirement allowance begins to accrue, and projected final compensation to the termination date of the disability allowance.
(2)CA Education Code § 24211(a)(2) The disability allowance the member was eligible to receive immediately prior to termination of the most recent disability allowance, excluding children’s portions.
(b)CA Education Code § 24211(b) Three or more years of creditable service after termination of the most recent disability allowance, the member shall receive a retirement allowance that is the greater of the following:
(1)CA Education Code § 24211(b)(1) A service retirement allowance calculated on all actual and projected service, excluding credited service accrued or granted pursuant to Section 22717 or 22717.5 or Chapter 14 (commencing with Section 22800) or Chapter 14.2 (commencing with Section 22820) or Chapter 19 (commencing with Section 23200), the member’s age on the last day of the month in which the retirement allowance begins to accrue, and final compensation using compensation earnable, or projected final compensation, or a combination of both.
(2)CA Education Code § 24211(b)(2) The disability allowance the member was eligible to receive immediately prior to termination of the most recent disability allowance, excluding children’s portions.
(c)CA Education Code § 24211(c) The allowance shall be increased by an amount based on any credited service accrued or granted pursuant to Section 22714, 22715, 22717, or 22717.5 or Chapter 14 (commencing with Section 22800) or Chapter 14.2 (commencing with Section 22820) or Chapter 19 (commencing with Section 23200), the member’s age on the last day of the month in which the retirement allowance begins to accrue, and final compensation using compensation earnable, or projected final compensation, or a combination of both.
(d)CA Education Code § 24211(d) If the total amount of credited service, other than projected service or credited service that accrued or was granted pursuant to Sections 22714, 22715, 22717, 22717.5, and 22826, except as provided in subdivision (c) of Section 22121, is equal to or greater than 30 years, the amounts identified in subdivisions (a) to (c), inclusive, shall be calculated pursuant to Sections 24203.5 and 24203.6.
(e)CA Education Code § 24211(e) Benefits calculated pursuant to this section shall not take into consideration the benefit comparison described in Section 24203.8.
(f)CA Education Code § 24211(f) Upon retirement, the member may elect to modify the service retirement allowance payable in accordance with any option provided under this part.

Section § 24212

Explanation

This law talks about what happens to a member's retirement allowance if their disability allowance ends for reasons that don't match another specific part of the law, and they don't start working again under the specific retirement program. If a member's disability benefits stop, their retirement pay is calculated based on estimated service and their age at retirement, but it will not be more than the disability pay they could have received. It can be increased based on additional credited service. If a member has at least 30 years of credited service, certain other calculations apply. Additionally, when retiring, the member can choose different payment options for their retirement pay.

(a)CA Education Code § 24212(a) If a disability allowance granted under this part after June 30, 1972, is terminated for reasons other than those specified in Section 24213 and the member does not return to employment subject to coverage under the Defined Benefit Program, the member’s service retirement allowance, when payable, shall be based on projected service, excluding credited service accrued or granted pursuant to Section 22717 or 22717.5 or Chapter 14 (commencing with Section 22800) or Chapter 14.2 (commencing with Section 22820), or Chapter 19 (commencing with Section 23200), projected final compensation, and the member’s age on the last day of the month in which the retirement allowance begins to accrue. The allowance payable under this section, excluding annuities payable from accumulated annuity deposit contributions, shall not be greater than the disability allowance the member was eligible to receive immediately prior to the earlier of the termination of that allowance or at normal retirement age, excluding children’s portions.
(b)CA Education Code § 24212(b) The allowance shall be increased by an amount based on any credited service accrued or granted pursuant to Section 22717 or 22717.5 or Chapter 14 (commencing with Section 22800) or Chapter 14.2 (commencing with Section 22820) or Chapter 19 (commencing with Section 23200), the member’s age on the last day of the month in which the retirement allowance begins to accrue, and final compensation using compensation earnable, or projected final compensation, or a combination of both.
(c)CA Education Code § 24212(c) If the total amount of credited service, other than projected service or credited service that accrued or was granted pursuant to Sections 22717, 22717.5, and 22826, except as provided in subdivision (c) of Section 22121, is equal to or greater than 30 years, the amounts identified in subdivisions (a) and (b) shall be calculated pursuant to Sections 24203.5 and 24203.6.
(d)CA Education Code § 24212(d) Upon retirement, the member may elect to modify the service retirement allowance payable in accordance with any option provided under this part.

Section § 24213

Explanation

This section deals with what happens when a member who has been receiving a disability allowance reaches normal retirement age. Once they hit that age, or if they have a dependent child, once that child is no longer eligible, their disability allowance stops, and they can switch to a regular retirement allowance. This retirement allowance is calculated based on certain conditions, like their age and projected salary, but it won't be more than what they received from the disability allowance. Additionally, if the member has worked for 30 or more years, different rules apply to how their retirement benefits are calculated. Members can also choose to modify how their retirement benefits are paid out according to available options.

(a)CA Education Code § 24213(a) On the date a member who has been granted a disability allowance under this part after June 30, 1972, attains normal retirement age, or if the member has an eligible dependent child, on the date the last dependent child becomes ineligible, whichever is later, the disability allowance shall be terminated and the member shall be eligible for service retirement. The service retirement allowance shall be calculated on the projected final compensation and projected service to normal retirement age, excluding credited service accrued or granted pursuant to Section 22717 or 22717.5 or Chapter 14 (commencing with Section 22800) or Chapter 14.2 (commencing with Section 22820) or Chapter 19 (commencing with Section 23200), and the member’s age on the last day of the month in which the service retirement allowance begins to accrue. The allowance payable under this section, excluding annuities payable from accumulated annuity deposit contributions, shall not be greater than the disability allowance the member was eligible to receive immediately prior to normal retirement age, excluding children’s portions.
(b)CA Education Code § 24213(b) The allowance shall be increased by an amount based on any credited service accrued or granted pursuant to Section 22717 or 22717.5 or Chapter 14 (commencing with Section 22800) or Chapter 14.2 (commencing with Section 22820) or Chapter 19 (commencing with Section 23200), the member’s age on the last day of the month in which the retirement allowance begins to accrue, and projected final compensation to normal retirement age.
(c)CA Education Code § 24213(c) If the total amount of credited service accrued, other than projected service or credited service that accrued or was granted pursuant to Sections 22717, 22717.5, and 22826, except as provided in subdivision (c) of Section 22121, is equal to or greater than 30 years, the amounts identified in subdivisions (a) and (b) shall be calculated pursuant to Sections 24203.5 and 24203.6.
(d)CA Education Code § 24213(d) Upon retirement, the member may elect to modify the service retirement allowance payable in accordance with any option provided under this part.

Section § 24214

Explanation

If you're retired and receiving a pension, you can still work in education jobs, but you won't earn extra service credit or pay into your retirement fund for that work. Your pay must be similar to others doing the same work, and you don't need to come out of retirement to do it. You can earn up to a set limit each school year without affecting your pension. Earnings beyond this limit reduce your pension by the excess amount, but not more than your monthly pension check. This law doesn't affect earnings from jobs not funded by government money. The rules are in effect from July 1, 2024, to July 1, 2026.

(a)CA Education Code § 24214(a) A member retired for service under this part may perform retired member activities, but the member shall not make contributions to the retirement fund or accrue service credit based on compensation earned from that service. The employer shall maintain accurate records of the earnings of the retired member and report those earnings monthly to the system and retired member as described in Section 22461.
(b)CA Education Code § 24214(b) If a member is retired for service under this part, the annualized rate of pay for retired member activities performed by that member shall not be less than the minimum, nor exceed the maximum, paid by the employer to other employees performing comparable duties.
(c)CA Education Code § 24214(c) A member retired for service under this part shall not be required to reinstate for performing retired member activities.
(d)CA Education Code § 24214(d) A member retired for service under this part may earn compensation for performing retired member activities in any one school year up to the limitation specified in subdivision (f) without a reduction in the member’s retirement allowance.
(e)CA Education Code § 24214(e) The postretirement compensation limitation provisions set forth in this section are not applicable to compensation earned for the performance of retired member activities that are not wholly or in part supported by state, local, or federal funds.
(f)Copy CA Education Code § 24214(f)
(1)Copy CA Education Code § 24214(f)(1) The limitation that shall apply to the compensation paid in cash to the retired member for performance of retired member activities, excluding reimbursements paid by an employer for expenses incurred by the member in which payment of the expenses by the member is substantiated, shall, in any one school year, be an amount calculated by the system each July 1 equal to 70 percent of the median final compensation of all members who retired for service during the fiscal year ending in the previous calendar year.
(2)CA Education Code § 24214(f)(2) For written agreements pertaining to the performance of retired member activities entered into, extended, renewed, or amended on or after January 1, 2014, the limitation in paragraph (1) shall also apply to payments made for the performance of retired member activities, 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.
(g)CA Education Code § 24214(g) If a member retired for service under this part earns compensation for performing retired member activities, in excess of the limitation specified in subdivision (f), the member’s retirement allowance shall be reduced by the amount of the excess compensation. The amount of the reduction in an individual month shall be no more than the monthly allowance payable in that month, and the total amount of the reduction shall not exceed the amount of the annual allowance payable under this part for the fiscal year in which the excess compensation was earned after any reduction made in accordance with subdivision (h) of Section 24214.5.
(h)CA Education Code § 24214(h) The language of this section derived from the amendments to the section of this number added by Chapter 394 of the Statutes of 1995, enacted during the 1995–96 Regular Session, is deemed to have become operative on July 1, 1996.
(i)CA Education Code § 24214(i) This section shall become operative on July 1, 2024. This section shall become inoperative as of July 1, 2026, and as of January 1, 2027, is repealed.

Section § 24214.5

Explanation

This section sets a rule that retired members cannot earn any post-retirement compensation for 180 days after retiring. However, if a critically needed position must be filled, a school superintendent or community college CEO can request an exemption with certification detailing the need. Exemptions won't apply if the member hasn’t reached retirement age when work is done, if they were given financial incentives to retire, or if the member retired specifically to fill a job. The law mandates that documentation for exemptions be completed before the retiree starts working, and if the retiree's pay exceeds the limit, their allowance will be reduced. The board must report on exemptions and compensations by 2027. Changes apply from January 1, 2014, through July 1, 2026, after which this section is repealed.

(a)Copy CA Education Code § 24214.5(a)
(1)Copy CA Education Code § 24214.5(a)(1) Notwithstanding subdivision (f) of Section 24214, the postretirement compensation limitation that shall apply to the compensation paid in cash to the retired member for performance of retired member activities, excluding reimbursements paid by an employer for expenses incurred by the member in which payment of the expenses by the member is substantiated, shall be zero dollars ($0) during the first 180 calendar days after the most recent retirement of a member retired for service under this part.
(2)CA Education Code § 24214.5(a)(2) For written agreements pertaining to the performance of retired member activities entered into, extended, renewed, or amended on or after January 1, 2014, the limitation in paragraph (1) shall also apply to payments made for the performance of retired member activities, 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.
(b)CA Education Code § 24214.5(b) Subdivision (a) shall not apply and Section 24214 shall apply if the Superintendent, the county superintendent of schools, or the chief executive officer of a community college submits a request for exemption to the system with certification, under penalty of perjury, of the following:
(1)CA Education Code § 24214.5(b)(1) The nature of the employment.
(2)CA Education Code § 24214.5(b)(2) That the appointment is necessary to fill a critically needed position before 180 calendar days have passed.
(3)CA Education Code § 24214.5(b)(3) That the member is not ineligible for application of this subdivision pursuant to subdivision (d).
(4)CA Education Code § 24214.5(b)(4) That the termination of employment of the retired member with the employer is not the basis for the need to acquire the services of the member.
(5)CA Education Code § 24214.5(b)(5) That the employer did not have a reduction-in-force layoff pursuant to Section 45117, 44955, or 44955.5, or pursuant to any other similar state law authorizing the termination of its employees, within the prior 18 months.
(c)CA Education Code § 24214.5(c) The Superintendent, a county superintendent of schools, or a chief executive officer of a community college district shall provide a written copy or written copies of the completed documentation required by this section submitted to the system pursuant to subdivision (b) that substantiates the need for the exemption to the exclusive representative of employees prior to the retired member’s performance of retired member activities.
(d)CA Education Code § 24214.5(d) Subdivision (b) shall not apply to a retired member if any of the following conditions exist:
(1)CA Education Code § 24214.5(d)(1) The member has not attained normal retirement age at the time the compensation is earned.
(2)CA Education Code § 24214.5(d)(2) The member’s termination of employment with the employer is the basis for the need to acquire the services of the member.
(3)CA Education Code § 24214.5(d)(3) The member received additional service credit pursuant to Section 22714 or 22715 or received from any public employer any financial inducement to retire. For purposes of this section, “financial inducement to retire” includes, but is not limited to, any form of compensation or other payment that is paid directly or indirectly by a public employer to the member, even if not in cash, either before or after retirement, if the member retires for service on or before a specific date or specific range of dates established by a public employer on or before the date the inducement is offered. The system shall liberally interpret this paragraph to further the Legislature’s intent to make subdivision (b) inapplicable to members if the member received a financial incentive from any public employer to retire or otherwise terminate employment with a public employer.
(e)CA Education Code § 24214.5(e) The completed documentation required by this section shall be received by the system prior to the retired member’s performance of retired member activities.
(f)CA Education Code § 24214.5(f) Within 30 calendar days after the receipt of all documentation required by the system pursuant to this section, the system shall inform the entity seeking application of the exemption specified in subdivision (b), and the retired member whether the compensation paid to the member will be subject to the limitation specified in subdivision (a).
(g)CA Education Code § 24214.5(g) If a member retired for service under this part earns compensation for performing retired member activities in excess of the limitation specified in subdivision (a), the member’s retirement allowance shall be reduced by the amount of the excess compensation. The amount of the reduction in an individual month shall be no more than the monthly allowance payable in that month, and the total amount of the reduction shall not exceed the amount of the allowance payable during the first 180 calendar days, after a member retired for service under this part.
(h)CA Education Code § 24214.5(h) On or before February 1, 2027, the board shall submit to the Assembly Committee on Public Employment and Retirement and the Senate Committee on Labor, Public Employment and Retirement a report that includes, but is not limited to, the following information by school year:
(1)CA Education Code § 24214.5(h)(1) The total number of requests received by the system from the Superintendent, a county superintendent, or a chief executive officer of a community college for the exemption pursuant to subdivision (b) from July 1, 2024, to June 30, 2026, inclusive.
(2)CA Education Code § 24214.5(h)(2) The total number of retired members who performed retired member activities with an exemption pursuant to subdivision (b) from July 1, 2024, to June 30, 2026, inclusive.
(3)CA Education Code § 24214.5(h)(3) The total number of retired members who performed retired member activities from July 1, 2024, to June 30, 2026, inclusive.
(4)CA Education Code § 24214.5(h)(4) The total number of retired members who exceeded the limitation in paragraph (1) of subdivision (f) of Section 24214 that is operative from July 1, 2024, to June 30, 2026, inclusive.
(5)CA Education Code § 24214.5(h)(5) The compensation or remuneration paid to each retired member who performed retired member activities from July 1, 2024, to June 30, 2026, inclusive.
(i)CA Education Code § 24214.5(i) The amendments to this section enacted during the first year of the 2013–14 Regular Session shall apply to compensation paid on or after January 1, 2014.
(j)CA Education Code § 24214.5(j) This section shall become operative on July 1, 2024. This section shall become inoperative as of July 1, 2026, and as of January 1, 2027, is repealed.

Section § 24215

Explanation

If you retired from the California State University and were part of the Defined Benefit Program or Public Employees’ Retirement System, you can return to work as teaching staff at CSU. However, there are certain restrictions on your employment, as outlined in the Public Employees’ Retirement Law.

A member retired for service under this part whose last employment was in the California State University, as a member of the Defined Benefit Program or the Public Employees’ Retirement System, may serve as a member of the teaching staff of the California State University and shall be subject to the employment limitations as provided by the Public Employees’ Retirement Law (Part 3 (commencing with Section 20000) of Division 5 of Title 2 of the Government Code).

Section § 24217

Explanation

If you were part of the program and had at least five years of service by June 30, 1972, and are at least 55 years old, you can choose to receive a different retirement allowance that was available back then, instead of the current one.

A person who was a member under this part on June 30, 1972, and had five or more years of service and who had attained age 55 years, shall have the option of receiving the allowance payable under Section 14245, as it read on that date in lieu of the allowance payable under subdivision (a) of Section 24202.

Section § 24218

Explanation
This law explains how to calculate retirement benefits for part-time school work done between June 30, 1956, and July 1, 1968. The retirement allowance is based on the comparison between part-time work hours and the required full-time hours for a complete year of service.
For the purpose of calculating retirement allowances, credit for service performed between June 30, 1956, and July 1, 1968, on a part-time basis in each school year shall be based on the ratio that service performed bears to the minimum full-time service required for credit for a year of service.

Section § 24219

Explanation

If you retired from a local teachers' retirement system or the San Francisco Employees' Retirement System before July 1, 1972, and haven't retired under a newer system, your retirement benefits for service before that date will be calculated based on the rules as they were on June 30, 1972, whenever you decide to retire.

Members who were retired under a previously existing local teachers’ retirement system or the San Francisco Employees’ Retirement System prior to July 1, 1972, who have not retired under this part for the local system service performed prior to July 1, 1972, shall have that portion of the retirement allowance computed under the law in effect on June 30, 1972, whenever they retire in the future.

Section § 24221

Explanation

This law allows members who retired before January 1, 2011, to choose a one-time lump-sum payment instead of the regular monthly pension. To do so, they must select this option when applying for retirement. The lump-sum payment has limits based on specific calculations involving the member's salary and years of service. After receiving this payment, their ongoing monthly benefit will be reduced accordingly. The law also prevents using this lump-sum to buy additional service credits or to reinvest in the retirement system. Any changes must ensure that the long-term financial health of the retirement program is not harmed, and the law specifies it does not apply to certain other retirees.

(a)CA Education Code § 24221(a) A member who retires for service prior to January 1, 2011, may elect, on a form prescribed by the system, to receive a lump-sum payment and an actuarially reduced monthly allowance pursuant to this section in lieu of the monthly unmodified allowance that would otherwise be payable to the member pursuant to this chapter. The election under this section shall be made at the time the member files his or her application for service retirement allowance as provided in Section 24204.
(b)CA Education Code § 24221(b) A member who makes the election described in subdivision (a) shall receive a one-time, lump-sum payment in an amount that equals or does not exceed the lesser of the following amounts:
(1)CA Education Code § 24221(b)(1) The actuarial present value of the amount by which (A) the monthly unmodified allowance payable to the member pursuant to this chapter exceeds (B) an amount equal to 2 percent of the member’s final compensation multiplied by the number of years of credited service and divided by 12.
(2)CA Education Code § 24221(b)(2) Fifteen percent of the actuarial present value of the monthly unmodified allowance payable to the member under this chapter.
(c)CA Education Code § 24221(c) Notwithstanding any other provision of this part, a member who makes the election described in subdivision (a) shall receive a monthly unmodified allowance, pursuant to this chapter, that shall be actuarially reduced to reflect the lump-sum amount paid under subdivision (b). The actuarial reduced unmodified allowance may be modified pursuant to Section 24300 or 24300.1.
(d)CA Education Code § 24221(d) A member may not apply a lump-sum payment made pursuant to this section for the purposes of redepositing previously refunded retirement contributions pursuant to Chapter 19 (commencing with Section 23200) or purchasing service credit pursuant to Chapter 14 (commencing with Section 22800), Chapter 14.2 (commencing with Section 22820) or Chapter 14.5 (commencing with Section 22850). The Legislature hereby finds and declares that if a member who elects to receive a partial lump-sum payment also elects to redeposit previously refunded retirement contributions or purchase service credit as a result of the receipt of the lump-sum payment, the Defined Benefit Program may experience a net actuarial impact.
(e)CA Education Code § 24221(e) An election pursuant to subdivision (a) may have no net actuarial impact to the Defined Benefit Program. The board shall adopt present value factors to establish a corresponding actuarially reduced monthly allowance, that results in no net actuarial impact to the Defined Benefit Program. The Legislature reserves the right to modify the provisions of this section to further the objective of permitting eligible members to receive a lump-sum distribution of a portion of their benefits, with a corresponding actuarial reduction in their monthly allowance, so that there is no net actuarial impact to the Defined Benefit Program.
(f)CA Education Code § 24221(f) This section shall not apply to a member who retires for service pursuant to Section 24201.5.