Chapter 27Service Retirement
Section § 24201
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.
Section § 24201.5
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.
Section § 24202
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.
Section § 24202.5
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.
Section § 24202.6
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.
Section § 24202.7
Section § 24202.8
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.
Section § 24203
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.
Section § 24203.5
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.
Section § 24203.6
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.
Section § 24203.8
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.
Section § 24204
Section § 24205
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.
Section § 24206
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.
Section § 24207
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.
Section § 24208
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.
Section § 24209
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.
Section § 24209.3
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.
Section § 24210
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.
Section § 24211
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.
Section § 24212
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.
Section § 24213
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.
Section § 24214
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.
Section § 24214.5
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.
Section § 24215
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.
Section § 24217
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.
Section § 24218
Section § 24219
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.
Section § 24221
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.