Chapter 28Options
Section § 24300
This section allows retired members to choose from different retirement payout options that can impact how and when their beneficiaries receive payments after the member's death. There are various options, such as ensuring the full or half the benefit continues to a beneficiary, or multiple beneficiaries under specific conditions. Members can also include a trust as a beneficiary under certain conditions. Changes to options or beneficiaries can generally be made before retirement, and there are specific rules about changes after retirement or due to court orders. The board has the power to amend these options as long as it does not negatively impact the fund, and all changes must be implemented by a designated date. After 2007, only options listed in another section can be elected for new retirements.
Section § 24300.1
This section talks about different ways a member can choose to receive their retirement benefits in California and how those benefits can be shared with a chosen beneficiary. A member can select one of several options, like leaving their full or a portion of their benefits to someone else upon their passing. There are specific rules, like age requirements, for who can be designated, especially under the 75% and 100% options. Members can also change their beneficiary to a trust under certain conditions, and they have a limited time after receiving their first payment to change their mind about their choice. Determinations of community property rights must be respected, so a member can't change options in a way that would negatively affect their former spouse's rights. There's flexibility for future amendments to these options, but any changes can't harm the financial stability of the retirement system.
Section § 24307
This law explains how members eligible for retirement can choose an option for retirement benefits before they actually retire. Once they pick an option and sign the form, it generally can't be changed unless specific conditions are met. If a member decides to change their option to a 'compound option,' they can keep the same beneficiary for part of the option. If the member dies before retiring, their chosen beneficiary will receive benefits as if the member had retired on the day they died. If the member terminates their retirement allowance, they must wait a year before choosing an option again. If personal circumstances change, like a divorce, the member can update their option according to the court order. Members can also designate a trust as a beneficiary under certain conditions. The system ensures members know about their option election rights through annual account statements.
Section § 24307.5
When a member retires and they chose a retirement option before retirement, their retirement payments will be adjusted. The adjustment will use the better option factor based on either their choice's date or their retirement date.
Section § 24309
This section discusses the rules for a member of the Defined Benefit Program to change or cancel an option they previously selected for their retirement benefits. Changes or cancellations must be done on a specific form and submitted within 30 days of the member's signature and within 30 days of receiving their first retirement payment. Any changes are considered new elections and might reduce retirement payments to maintain funding balance. If the member's chosen beneficiary dies before retirement, the option is canceled, and certain adjustments apply. Additionally, special rules are provided for specific options, like Option 8 or compound options, where beneficiaries can be canceled or changed without affecting the retirement allowance.
Section § 24310
If a member cancels their option according to a previous rule, they can choose a new option. If they change or cancel an option in the same year, the reduction amount will be based on the option that has the bigger reduction according to the specific rules as they were at the end of 1995.
Section § 24311
If someone's service retirement is terminated and they had chosen a retirement option before going back to work, that choice still counts as their choice before they retire again. It's treated just like any other choice made when retiring according to specific rules.
Section § 24312
If you stop receiving a service retirement allowance, it won't affect any additional options you chose beforehand. The date you originally picked these options will still count.
Section § 24320
If you're a retired member and your option beneficiary isn't your spouse or ex-spouse, you can change your beneficiary to your spouse. You can do this before or after getting your first retirement payment, but you'll need to inform the board in writing with a completed form and marriage certificate. This change takes effect six months after the board gets your notification, as long as both you and your spouse are alive then. This option can't increase the plan's liability, and the retirement allowance will be adjusted based on both your ages. If anything changes, like death or benefit termination, before the switch is official, the change won't happen.
Section § 24321
If a retired member was single at retirement and later marries or registers a domestic partnership, they can choose to make their new spouse or partner a beneficiary of their pension benefits. This choice can only be made if they've been married or partnered for at least a year before making the choice. The retired member must inform the retirement board in writing, along with a copy of their marriage or partnership certificate. The board must approve this choice, and it can't increase the fund's liabilities. Changes take effect six months after notification, provided both parties are alive, and it will modify the member's retirement payments based on their ages.
Section § 24322
If you're retired and have chosen an option that involves a spouse or ex-spouse as a beneficiary, you can cancel that option if you've divorced, annulled, or legally separated after January 1, 1978. You must notify the board with the appropriate documents. After cancellation, you can opt for a standard retirement allowance or pick a new option with different beneficiaries. This change is based on the ages of you and the new beneficiaries and won't cost the retirement fund more. If you're single and later marry or enter a domestic partnership, you can choose a new option for your new partner, provided both are alive six months after notifying the board. This choice will adjust your retirement allowance based on your and your partner's ages but won't conflict with any prior divorce or separation agreements.
Section § 24323
Section § 24324
If you're receiving a joint and survivor annuity through the Defined Benefit Supplement Program, you can change either the annuity type or the beneficiary under certain conditions. This is allowed if your annuity beneficiary is your spouse or ex-spouse, and you've legally separated through divorce or legal separation. The change must align with any divorce settlement or court order. You need to notify the system with a certified legal document, and the change will take effect once your notification is received. The amount of your annuity will be adjusted to reflect your choice, ensuring it remains equal in value to what you would have received in a lump sum.
Section § 24330
If you choose a retirement option as described in Section 24307, you can't receive a family allowance or survivor benefits from certain parts of the retirement system. Also, if you're approved for disability retirement, any option you chose earlier is canceled. Lastly, once you pick an option, your remaining retirement contributions won't be paid out before your designated beneficiary dies.
Section § 24331
This law explains how an option beneficiary, or a trustee or beneficiary of a trust that is an option beneficiary, can choose someone else to receive any unpaid allowances or remaining retirement contributions from a deceased retired member. If a trust is valid, the trustee can appoint a new beneficiary. However, if the trust is invalid or ends, the trustee's decision is canceled, and the beneficiary gains the rights a typical option beneficiary would have.
Section § 24332
If a member of a retirement system applies for disability retirement, they can choose to receive a different pension amount based on certain options. They must decide whether to take an unchanged allowance or select an option that might lower the amount but provides for a beneficiary. This choice should be made before the end of the month when the disability retirement is approved. The decision is based on the member's and beneficiary's ages at the retirement start date, and it can be changed within 30 days of receiving the first retirement payment. If a member passes away before making this decision, the death benefits will be distributed according to specific rules.
Section § 24333
If your disability retirement is stopped under Section 24117, any retirement options you picked before don't count anymore once you're back to work. If you want to choose a new retirement option after your disability retirement ends, there are some rules. First, you can't make a new option choice before you qualify for regular retirement. Second, if you got a disability retirement without any changes, you have to wait six months before picking a new option. Lastly, if you already chose an option when you first retired, you have six months to pick again after your disability retirement ends, but you have to pick the same option and beneficiary as before.
Section § 24340
This law allows certain members who had made a preretirement option election by the end of 1990 to change it to a different option (Option 6 or 7) without facing a reduction in their allowance. This change needs to be made after January 1, 1991, but before January 1, 1992, or before the member retires, whichever comes first. If they change their option, they must keep the same beneficiary as before. The change request must reach the system's headquarters at least 30 days before the beneficiary's death, or the change becomes void.
Section § 24341
This section allows retired members who chose pension options 2 or 3 before January 1, 1991, to switch to options 6 or 7 under certain conditions. These conditions include a specific election period in 1994, naming the same beneficiary, compliance with other sections, ensuring the beneficiary isn't terminally ill, and that the beneficiary is still alive at the time of the option change. The change takes effect when signed, assuming it's received within 30 days. Additionally, the member’s allowance will be reduced to prevent extra costs to the pension plan.
Section § 24342
This section allows certain retired members who chose Option 4 or 5 before 1991 to switch to Option 6 or 7. To do this, they had a specific window from January 1 to March 31, 1999, and had to meet several conditions. These include naming the same beneficiary, ensuring the beneficiary isn't terminally ill, and sending the change 30 days before the beneficiary or member dies. If these conditions aren't met, the election to change options isn't valid. The modification must not create extra cost for the retirement fund.
Section § 24343
If you were a retired teacher in California who chose certain retirement options (Option 2, 3, 4, or 5) before 1991, and your chosen beneficiary passed away before certain dates, your retirement payment will automatically switch to a higher, unmodified amount as of January 1999. This only happens if you are alive as of that date, haven't chosen a new beneficiary, and don't notify the retirement system within 30 days that you want to stick with your old option. Also, once you get a higher unmodified payment, you can't choose a new beneficiary later. The extra cost of this change is covered by a surplus in the retirement system's funds from a previous fiscal year.
Section § 24344
This law allows certain members with a preretirement option in place by the end of 1999 to change their option to a newer option (Option 8) without reducing their allowance. They must do this between January 1, 2000, and either July 1, 2000, or when their benefits start, whichever comes first. The change needs to keep the same beneficiary as before and must be submitted at least 30 days before the beneficiary's death to be valid. This rule took effect on January 1, 2000.
Section § 24345
This law allows certain retired members of the California education system to change their retirement payment options that were previously selected. You can only change your option if you follow specific conditions like changing within a specific timeframe (between January 1, 2007, and July 1, 2007), keeping the same beneficiary, and ensuring neither you nor your beneficiary has a known terminal illness. If the option change doesn't work out, there is a brief window to cancel it and choose a different option instead. Any changes must be made using official forms from the retirement system, and changes take effect when signed. Importantly, these changes cannot affect the community property rights of a spouse or former spouse set by a court.
Section § 24346
This law allows certain members to change their preretirement benefit options without reducing their benefits, under specific conditions. If a member had certain options in effect by the end of 2006, they could switch to different options during the first half of 2007. Importantly, these members cannot change who they designated to receive benefits, and any changes must be submitted correctly within a strict timeline. The member's and beneficiary's ages at the time of the prior election will be used to calculate the retirement benefits.
Section § 24347
This section covers rules for retired members who named their same-sex spouse or former spouse as beneficiaries on their retirement plan. Members can change from one beneficiary option to another, like moving to the 75% or 100% beneficiary option, if certain age differences are met. These changes had to be made between July and December 2015. The members need to use specific forms and meet signature timing requirements. If someone changes their option, their retirement payouts might be adjusted to avoid extra costs. Any changes can't violate court orders about shared property between spouses.
Section § 24348
This law allows certain members with preretirement options designated for their same-sex spouses or former spouses to change their beneficiary option. If the same-sex spouse is significantly younger, they can switch to different benefit percentages under specified conditions by December 31, 2015. Changes to beneficiary options do not affect the overall allowance and must be documented on an approved form. The changes also ensure the calculation for retirement benefits is based on ages at the previous option election date. This only applies to members with recognized same-sex marriages effective before specific dates.