Chapter 29Benefit Maintenance
Section § 24400
The California Legislature acknowledges that inflation reduces the value of benefits provided under a specific plan, and they aim to evaluate how much this erosion affects those benefits.
Section § 24401
This law says that if you're a retired member or a person who benefits from a retired member's account, you can't ask for more money from the pension system for any payments that were made before July 1, 1972.
Section § 24402
This section explains that certain retirement and disability allowances, as well as family and survivor benefits, will be increased by using a 'benefit improvement factor.' It also applies this increase to the allowances beneficiaries receive based on certain options chosen by the deceased. However, it does not apply the improvement factor to annuities that are calculated based on the member's current contributions at the time of their retirement.
Section § 24403
This law says that certain benefits that started before July 1, 1972, and were payable on August 1, 1972, will have a periodic increase starting on September 1, 1973. These increases happen every year. However, this does not include specific types of annuities mentioned in old sections.
Section § 24404
This section explains that from July 1, 1973, survivor benefits for certain individuals will be increased. The increase adjustments are specified for three groups: a rise from $90 to $105, from $180 to $210, and from $250 to $295 per month. Furthermore, these benefits are tied to additional provisions that ensure they'll receive annual improvements starting from September 1, 1974.
Section § 24405
This law increases the first $300 of monthly payments to retired or disabled members and beneficiaries, if they have at least 20 years of service. Depending on when they began receiving benefits, the increase is 9% for pre-July 1972, 6% for between July 1972 and June 1973, and 3% for between July 1973 and June 1974.
Section § 24406
This law states that the first $300 of monthly benefits for certain retirees, disabled individuals, and beneficiaries increased starting July 1, 1978. The increase applies to those who had less than 20 years of service, and the amount of the increase depends on when their benefits started. If benefits started before July 1, 1972, the increase is 9%. Between July 1, 1972 and June 30, 1973, the increase is 6%. For those starting benefits between July 1, 1973, and June 30, 1974, the increase is 3%.
Section § 24407
This law increases the monthly payments for retired or disabled members and their beneficiaries who originally retired or passed away before June 30, 1973. The increase is calculated by multiplying their initial allowance by a specific percentage based on the year they retired or died. Additionally, for those who retired before July 1, 1965, the initial allowance considered will be the one they received as of July 1, 1965. The actual increase is determined by the percentage applicable to the specific year of retirement.
Section § 24408
This law outlines the minimum pension allowance for people who retired before January 1, 1981, based on their years of service, offering them at least $16 per month for each year. The amount can be adjusted for age-related reductions or if the retiree chose certain allowance options. There is also a possibility of receiving lump-sum payments for specific increases between October 1, 1980, and January 1, 1981.
Section § 24409
This law section sets a minimum monthly pension amount for specific retirees or beneficiaries of the educational system in California. If you retired before December 31, 1981, or if you are an option beneficiary or widow of someone who died before July 1, 1972, you are guaranteed at least $18 per month for every year you worked. If you retired before age 60, your benefit may be reduced slightly for each month you are under that age. These rules were adjusted as of September 1, 1981. Adjustments are also made if you chose different benefit options at retirement.
Section § 24410
This law section deals with how retirement allowances are calculated when someone transitions from a disability allowance to a service retirement. If someone's retirement pay is calculated based on their final pay estimates, the date when their disability allowance began is used to figure out future benefits after retirement. If the disability allowance is still ongoing, it stays as the main amount before any increases. If not, the retirement pay considers final earnings rather than projected earnings. Any allowances can be adjusted depending on options chosen by the retiree. This applies to retirement benefits calculated after January 1, 1982, specifically if retirement starts right after the disability allowance ends.
Section § 24410.5
This law sets a minimum annual allowance for retired members, beneficiaries, or surviving spouses of a retirement program, based on years of credited service. The allowance starts at $15,000 for 20 years of service and increases for each additional year up to $20,000 for 30 or more years. Certain options may reduce these amounts, such as Option 3 or 5 reducing by 50%, and Option 4 reducing by one-third. Only members who were active at the time of retirement or death and retired at age 55 or older, unless exempt, are eligible. Recipients could choose not to receive this increase by notifying the system before May 1, 2000, and the adjusted benefits started being paid on July 1, 2000.
Section § 24410.6
This law sets a minimum annual allowance for certain retired educators, their beneficiaries, and surviving spouses, based on years of service within the Defined Benefit Program. The amounts vary depending on service years, ranging from $15,000 for 20 years of service to $20,000 for 30 or more years. There are various reductions in these amounts under specific conditions, such as the type of option chosen or if the member retired before turning 55. Some individuals may not be eligible for these minimum allowances, and there are stipulations for certain members who retired before specific dates. Finally, there's a provision allowing individuals to opt-out of this increase if they choose. Benefits under this provision were first paid out starting September 1, 2001, and existing law wasn't changed, just clarified.
Section § 24410.7
This section outlines an increase in monthly allowances for eligible retired, disabled members, and their beneficiaries. The increase depends on when retirement, disability, or death occurred, with different percentages for various time periods; for instance, a 6% increase if it was before December 31, 1974. This increase is added on top of other benefits under Section 24415. If the allowance changes after this law takes effect, the percentage increase still applies. These benefits started being distributed by July 1, 2001.
disability, or death occurred:
Section § 24410.8
This section outlines increases to the quarterly supplemental payments for certain retirees, disabled individuals, and beneficiaries in the Supplemental Benefit Maintenance Account starting July 1, 2023. The increase varies based on the date of retirement or other qualifying events, with older retirement dates receiving a higher percentage increase. A 2% increase will be added each year starting July 1, 2024, but this won't compound. These payment increases are in addition to other benefits and depend on available funds. The increases apply to the adjusted monthly allowance if changes occur after this law takes effect. Any increases are only guaranteed to the extent of available funding and specified appropriations.
disability, or death occurred:
Section § 24412
This law explains how money from the sale or use of school lands is used to help teachers who have retired or become disabled. The funds are distributed four times a year to those whose retirement benefits have lost spending power due to inflation. If a retiree's benefits are worth less than 80% of what they could initially buy when adjusted for inflation, they get a supplemental payment. The law also says any extra income goes to paying off the fund's debts, and recipients are informed that these payments aren't permanent increases to their usual benefits.
Section § 24413
This law says that any money the state earns from certain lands known as school lands or substitute lands within the Elk Hills Naval Petroleum Reserve must be put into a special fund called the Supplemental Benefit Maintenance Account.
Section § 24415
This section outlines how retired and disabled teachers in California and their beneficiaries receive supplemental payments to help maintain their purchasing power. These payments are distributed quarterly, starting from September 1, 1990, and aim to restore purchasing power up to 85% compared with their original allowance. The calculation of purchasing power uses the change in the California Consumer Price Index. If anyone's benefits aren't reduced below this threshold, any extra money stays in the account for future years. These benefits aren't tied to annuity contributions and only apply as long as funds are available. Adjustments aren't cumulative or part of the base allowance.
Section § 24415.5
This law explains how the board manages the purchasing power protection benefits for members, based on financial projections about the Supplemental Benefit Maintenance Account. If there’s not enough money, benefits may be reduced but not below 80% unless funds are severely lacking. If there’s more than enough, benefits can increase, but not above 85%. If funds exceed the needs to maintain 85% benefits, the board will propose ways to use that extra money to benefit members, particularly those who retired before 1999. The board also has the flexibility to adopt and change rules about these processes, without following the usual government rulemaking procedures.
Section § 24416
This section explains how the board can address funding shortfalls for teachers' retirement benefits in California. If the funds in the Supplemental Benefit Maintenance Account are insufficient to maintain a benefit level of 80 percent for retirees, the board has two options for the following fiscal year. First, they can raise the employer contribution rate, but only if it's approved in the Budget Act, and the increase can't exceed one-quarter of 1 percent of the salary on which contributions are based. Second, they can reduce the supplemental benefits to match the available funds. Additionally, if there's no unfunded obligation determined by financial experts, the board can move extra funds into a special account to help meet benefit levels up to 85 percent.
Section § 24417
This law section explains how extra funds from a Supplemental Benefit Maintenance Account, which is used when regular funds are low, are given to retired or disabled members and their beneficiaries to help cover living expenses. These funds are distributed quarterly and aim to maintain their purchasing power at 85% of their original monthly allowance. The amount distributed depends on how much their allowance has been reduced over time due to inflation, measured by the change in the California Consumer Price Index. The law specifies that these increases don't add to the base allowance and are only available if there are enough funds. The section also explains different timeframes for calculating the purchasing power reduction.