This law section states that unless there are specific exceptions, the definitions provided in that chapter are used to understand and interpret the rules in this part of the education code.
Unless otherwise specified, the definitions set forth in this chapter govern the construction of this part.
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(Added by Stats. 1995, Ch. 592, Sec. 16. Effective January 1, 1996.)
'Actuarial equivalent' is a term used to describe a pension or benefit that is expected to have the same financial value at present as the one it is replacing. This calculation is done using interest rates and life expectancy data, both of which are suggested by an actuary and approved by the board as part of a plan change.
“Actuarial equivalent” means a benefit that has the same present value as the benefit it replaces based on interest rates and mortality tables recommended by the actuary and adopted by the board as a plan amendment.
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(Added by Stats. 1995, Ch. 592, Sec. 16. Effective January 1, 1996.)
An actuary is someone who is skilled in the technical and mathematical areas of insurance and pensions. This person is chosen by the board to provide specialized actuarial services as needed.
“Actuary” means a person professionally trained in the technical and mathematical aspects of insurance, pensions, and related fields who has been appointed by the board for the purpose of actuarial services required under this part.
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(Amended by Stats. 1998, Ch. 965, Sec. 231. Effective January 1, 1999.)
The term "additional earnings credit" refers to the extra amount added to both employee and employer accounts. This amount is determined as a percentage by the board and added on a particular date through a plan amendment for a specified year.
“Additional earnings credit” means a percentage determined by the board for a plan year by means of a plan amendment and credited to employee accounts and employer accounts on a specified date.
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(Added by Stats. 1995, Ch. 592, Sec. 16. Effective January 1, 1996.)
In this section, 'administrative costs' refers to the expenses related to managing the Cash Balance Benefit Program for a specific year, as decided by the board overseeing the program.
“Administrative costs” means the costs of administering the Cash Balance Benefit Program for the plan year as determined by the board.
administrative costs Cash Balance Benefit Program plan year costs of administering board determination program management expenses benefit program costs fiscal year administration board oversight financial management program budget operation expenses cost analysis administrative budgeting expense calculation
(Amended by Stats. 2000, Ch. 1025, Sec. 38. Effective January 1, 2001.)
This section defines 'Annuitant Reserve' as a special account created by the board to ensure monthly payments to retirees under the Cash Balance Benefit Program, which is a part of the State Teachers’ Retirement Fund.
“Annuitant Reserve” means the reserve account established by the board within the State Teachers’ Retirement Fund for the payment of monthly annuities with respect to the Cash Balance Benefit Program.
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(Amended by Stats. 1998, Ch. 1048, Sec. 15. Effective January 1, 1999.)
An annuity is a set sum of money that someone receives in regular monthly payments, and it lasts as long as the person chooses, depending on the option selected by them or their beneficiary.
“Annuity” means an amount of money payable in monthly installments for a period determined by the option elected by the participant or beneficiary.
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(Added by Stats. 1995, Ch. 592, Sec. 16. Effective January 1, 1996.)
This section of the law defines who can be an "annuity beneficiary," meaning the person or trust set to receive payments after the participant dies. It details what qualifies as a trust for this purpose. A trust must be irrevocable and meet specific federal requirements, specifically those related to Medicaid and IRS criteria. The trust must benefit only one person primarily, with any others being considered secondary beneficiaries. The designated beneficiary is recognized for determining their eligibility for benefits.
(a)CA Education Code § 26106.5(a) For purposes of this part, “annuity beneficiary” means the person or trust designated by a participant pursuant to Section 26807, 26807.5, 26906, or 26906.5 to receive an annuity upon the participant’s death.
(b)CA Education Code § 26106.5(b) For purposes of this section, “trust” means an irrevocable trust with the following characteristics:
(1)CA Education Code § 26106.5(b)(1) The trust satisfies the requirements of subparagraph (A) or (C) of paragraph (4) of subdivision (d) of Section 1396p of Title 42 of the United States Code.
(2)CA Education Code § 26106.5(b)(2) The trust satisfies the requirements of Section 1.401(a)(9)-4 of Title 26 of the Code of Federal
Regulations.
(3)CA Education Code § 26106.5(b)(3) The trust, or the account in a pooled trust, is for the sole benefit of a single beneficiary and other beneficiaries to the trust, if any, are successor beneficiaries.
(4)CA Education Code § 26106.5(b)(4) The beneficiary of the trust who is beneficiary with respect to the trust’s interest in the participant’s benefit shall be considered the designated beneficiary for the purpose of determining eligibility for, and the amount and duration of, benefits under the program.
annuity beneficiary irrevocable trust single beneficiary successor beneficiaries Section 26807 Section 26906.5 Medicaid requirements IRS criteria Title 42 Title 26 participant's death designated beneficiary benefit eligibility federal requirements pooled trust
(Added by Stats. 2016, Ch. 559, Sec. 13. (AB 1875) Effective January 1, 2017.)
This section defines "basis of employment" as the amount of time a school expects an employee to work during the school year.
“Basis of employment” means the standard of time over which the employer expects service to be performed by an employee in the position during the school term.
basis of employment standard of time school term employment employee work expectations school year schedule employment duration expectations for service school employment time time commitment employment position employee service time
(Amended by Stats. 2018, Ch. 416, Sec. 26. (SB 1165) Effective January 1, 2019.)
The term "beneficiary" refers to anyone the plan participant has named to receive death benefits, or who is otherwise legally entitled to receive them, under the retirement or death benefit plan.
“Beneficiary” means any person or persons or entity designated by the participant pursuant to this part or otherwise entitled by law to receive the death benefit under the plan.
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(Added by Stats. 1995, Ch. 592, Sec. 16. Effective January 1, 1996.)
This section simply explains that when the law refers to the "Board," it's talking specifically about the Teachers' Retirement Board.
“Board” means the Teachers’ Retirement Board.
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(Added by Stats. 1995, Ch. 592, Sec. 16. Effective January 1, 1996.)
The Cash Balance Benefit Program is a specific retirement benefit plan mentioned in the State Teachers’ Retirement Law.
“Cash Balance Benefit Program” means the benefit program set forth in this part of the State Teachers’ Retirement Law.
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(Amended by Stats. 1998, Ch. 1048, Sec. 17. Effective January 1, 1999.)
This law defines what a 'class of employees' means. It includes groups of workers doing similar jobs, in the same programs, or with other work-related similarities. Even a single person can be a 'class of employees' if they are the only one doing their specific job. Additionally, a board can overrule an employer's decision about who is considered a 'class of employees.' This law has been in effect since July 1, 1996.
(a)CA Education Code § 26112.5(a) “Class of employees” means a number of employees considered as a group because they are employed to perform similar duties, are employed in the same type of program, or share other similarities related to the nature of the work being performed.
(b)CA Education Code § 26112.5(b) A class of employees may be comprised of one person if no other person employed by the employer performs similar duties, is employed in the same type of program, or shares other similarities related to the nature of the work being performed and that same class is in common use among other employers.
(c)CA Education Code § 26112.5(c) The board shall have the right to override the determination by an employer as to whether or not a group or an individual constitutes a “class of employees” within the meaning of this section.
(d)CA Education Code § 26112.5(d) This section shall be deemed to have become operative on July 1, 1996.
class of employees similar duties common use program type employer determination board authority individual employee employment classification override determination July 1 1996
(Added by Stats. 1996, Ch. 1165, Sec. 37. Effective January 1, 1997.)
This law defines what activities count as 'creditable service' for certain educational professionals in California. It applies to work done for various employers like K-12 schools, community colleges, and charter schools. Activities include teaching, counseling, curriculum planning, health services, and more. Superintendents and community college leaders also qualify in some cases. Additionally, services related to the instructional program are included. The board overseeing this has the final say on what counts as creditable service.
(a)CA Education Code § 26113(a) “Creditable service” means any of the activities described in subdivision (b) performed for any of the following employers:
(1)CA Education Code § 26113(a)(1) A prekindergarten through grade 12 employer in a position with certification qualifications authorized by the Commission on Teacher Credentialing pursuant to Section 44001.
(2)CA Education Code § 26113(a)(2) A community college employer by a faculty member, as defined in Section 87003, in an academic position, as defined in subdivision (b) of Section 87001, or by an educational administrator, as defined in subdivision (b) of Section 87002, subject to the appropriate minimum standards adopted by the Board of Governors of the California Community Colleges pursuant to Section 87356, or pursuant to a
contract between a community college district and the United States Department of Defense to provide vocational training.
(3)CA Education Code § 26113(a)(3) A charter school employer under the provisions of an approved charter for the operation of a charter school for which the charter school is eligible to receive state apportionment.
(b)CA Education Code § 26113(b) The types of activities are any of the following:
(1)CA Education Code § 26113(b)(1) The work of teachers, instructors, district interns, and academic employees employed in the instructional program for pupils, including special programs such as adult education, regional occupational programs, childcare centers, and prekindergarten programs pursuant to Section 22161.
(2)CA Education Code § 26113(b)(2) Education or vocational counseling, guidance, and placement services.
(3)CA Education Code § 26113(b)(3) The work of employees who plan courses of study to be used in California public schools, or research connected with the evaluation or efficiency of the instructional program.
(4)CA Education Code § 26113(b)(4) The selection, collection, preparation, classification, demonstration, or evaluation of instructional materials of any course of study for use in the development of the instructional program in California public schools, or other services related to California public school curriculum.
(5)CA Education Code § 26113(b)(5) The examination, selection, in-service training, mentoring, or assignment of teachers, principals, or other similar personnel involved in the instructional program.
(6)CA Education Code § 26113(b)(6) The work of nurses, physicians, speech therapists, psychologists, audiologists, and other California public school health
professionals.
(7)CA Education Code § 26113(b)(7) Services as a California public school librarian.
(8)CA Education Code § 26113(b)(8) Activities connected with the enforcement of the laws relating to compulsory education, coordination of child welfare activities involving the school and the home, and the school adjustment of pupils.
(9)CA Education Code § 26113(b)(9) The work of employees who are responsible for the supervision of persons or administration of the duties described in this subdivision.
(c)CA Education Code § 26113(c) “Creditable service” also means any of the activities described in subdivision (b) when they are performed for an employer by:
(1)CA Education Code § 26113(c)(1) Superintendents of California public schools, and presidents and chancellors of community college employers.
(2)CA Education Code § 26113(c)(2) Consulting teachers employed by an employer to participate in the California Peer Assistance and Review Program for Teachers pursuant to Article 4.5 (commencing with Section 44500) of Chapter 3 of Part 25 of Division 3 of Title 2.
(3)CA Education Code § 26113(c)(3) Audiometrists who hold a certificate of registration issued by the State Department of Health Care Services.
(d)CA Education Code § 26113(d) “Creditable service” also means the performance of California public school activities related to, and an outgrowth of, the instructional and guidance program of the California public school when performed for the same employer for which the member is performing any of the activities described in subdivision (b) or (c).
(e)CA Education Code § 26113(e) “Creditable service” also means trustee service as defined in Section 26144.5, if
eligible pursuant to Section 26403.
(f)CA Education Code § 26113(f) The board shall have final authority for determining creditable service to cover activities not already specified.
creditable service teaching positions teacher credentialing community college faculty charter schools curriculum planning vocational training student counseling instructional material evaluation public school health professionals school librarians compulsory education laws superintendents California Peer Assistance and Review Program audiometrists
(Amended by Stats. 2022, Ch. 231, Sec. 2. (AB 1824) Effective January 1, 2023.)
In this section, 'death benefit' refers to the money or benefits given to someone, like a family member, after the person who was part of a specific program or plan dies.
“Death benefit” means the benefit payable under this part upon the death of the participant.
death benefit participant benefit payable upon death insurance payout plan participant economic support financial assistance beneficiary compensation posthumous payment
(Amended by Stats. 1998, Ch. 1048, Sec. 18. Effective January 1, 1999.)
This section defines the "Defined Benefit Program" as a specific retirement plan for state teachers in California, outlined in Part 13 starting with Section 22000.
“Defined Benefit Program” means the Defined Benefit Program of the State Teachers’ Retirement Plan as set forth in Part 13 (commencing with Section 22000).
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(Amended by Stats. 1998, Ch. 1048, Sec. 19. Effective January 1, 1999.)
This section defines a "disability benefit" as a payment made for a permanent and total disability. The amount you receive includes the balances from your employee and employer accounts up to the date your disability starts. Specific payment guidelines are outlined in Sections 26905, 26906, or 26906.5.
“Disability benefit” means an amount payable under this part for permanent and total disability that is equal to the sum of the participant’s employee account and employer account as of the disability date and is payable pursuant to Section 26905, 26906, or 26906.5.
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(Amended by Stats. 2006, Ch. 655, Sec. 65. Effective January 1, 2007.)
This law section defines the term 'disability date' as the day when a participant, who has applied for and been approved for disability benefits due to a total and permanent disability, starts receiving those benefits.
“Disability date” means the date the benefit becomes payable to a participant who has applied for a disability benefit from the plan under this part and has been determined to have a total and permanent disability.
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(Amended by Stats. 1998, Ch. 965, Sec. 233. Effective January 1, 1999.)
In this context, an "employee" is someone hired to provide services that are considered creditable, meaning they count towards certain service requirements or benefits.
“Employee” means a person engaged to perform creditable service.
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(Added by Stats. 1995, Ch. 592, Sec. 16. Effective January 1, 1996.)
In this section, an 'employee account' is defined as a type of account where a participant's contributions and the interest or additional earnings from those contributions are stored, as part of the Cash Balance Benefit Program.
“Employee account” means the nominal account of the participant to which employee contributions and interest and any additional earnings credits in respect thereof are credited under the Cash Balance Benefit Program.
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(Amended by Stats. 1998, Ch. 965, Sec. 234. Effective January 1, 1999.)
This section defines the 'Employee contribution rate' as the share of an employee's salary that the employer deducts for contributions to the Cash Balance Benefit Program.
“Employee contribution rate” means the percentage of the participant’s salary withheld by the employer as an employee contribution under the Cash Balance Benefit Program.
employee contribution rate percentage participant's salary withheld employer employee contribution Cash Balance Benefit Program salary deduction benefit contribution contribution percentage
(Amended by Stats. 1998, Ch. 965, Sec. 235. Effective January 1, 1999.)
This section defines "employee contribution" as the money taken out of a worker’s paycheck by their employer as part of their participation in the Cash Balance Benefit Program.
“Employee contribution” means the amount withheld from the participant’s salary by the employer as a contribution by the employee under the Cash Balance Benefit Program.
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(Amended by Stats. 1998, Ch. 965, Sec. 236. Effective January 1, 1999.)
This law defines 'Employer' as school districts, community college districts, or county education offices that choose to offer certain benefits to employees doing qualifying work. It specifically excludes the state from being considered an 'Employer' under this part.
“Employer” means a school district, community college district, or county office of education that has elected to provide the benefits of this part to persons employed to perform creditable service. “Employer” shall not include the state.
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(Amended by Stats. 1996, Ch. 608, Sec. 6. Effective September 19, 1996. Applicable from July 1, 1996, pursuant to Sec. 58 of Ch. 608.)
This law section defines an 'employer account' as a type of account set up for a participant, where contributions made by the employer, along with any interest and additional earnings, are recorded under the Cash Balance Benefit Program.
“Employer account” means the nominal account of the participant in which employer contributions on behalf of the participant and interest and any additional earnings credits in respect thereof are credited under the Cash Balance Benefit Program.
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(Amended by Stats. 1998, Ch. 965, Sec. 237. Effective January 1, 1999.)
The 'employer contribution rate' is the percentage of an employee's salary that an employer pays into the Cash Balance Benefit Program for each participating employee.
“Employer contribution rate” means the percentage of salary that determines the amount the employer contributes to the Cash Balance Benefit Program with respect to each employee who is a participant.
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(Amended by Stats. 1998, Ch. 965, Sec. 238. Effective January 1, 1999.)
This law section defines 'employer contribution' as the money that an employer puts into the Cash Balance Benefit Program on behalf of an employee.
“Employer contribution” means the amount contributed by the employer to the Cash Balance Benefit Program with respect to the participant.
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(Amended by Stats. 1998, Ch. 965, Sec. 239. Effective January 1, 1999.)
This law defines the terms 'employed' or 'employment' specifically as being hired to do work that qualifies for the benefits of the Cash Balance Benefit Program.
“Employed” or “employment” means employed to perform creditable service subject to coverage under the Cash Balance Benefit Program.
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(Amended by Stats. 1998, Ch. 965, Sec. 240. Effective January 1, 1999.)
This law section explains that 'full time equivalent' refers to how many days or hours a person working part-time would need to work in a school year to match the workload of a full-time employee in the same job.
“Full time equivalent” means the days or hours of creditable service that a person who is employed on a part-time basis would be required to perform in a school term if he or she were employed full time, as defined by Section 22138.5, in that position.
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(Amended by Stats. 2018, Ch. 416, Sec. 27. (SB 1165) Effective January 1, 2019.)
This section simply defines the term 'Fund' as the Teachers’ Retirement Fund.
“Fund” means the Teachers’ Retirement Fund.
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(Amended by Stats. 1998, Ch. 1048, Sec. 21. Effective January 1, 1999.)
This law section explains that there is a special reserve account, called the 'Gain and Loss Reserve,' set up to make sure there is enough money to pay interest to employees and employers for their cash balance accounts when investments don't earn enough. It's also used to help fund monthly payments to retirees if needed.
“Gain and Loss Reserve” means the reserve account established by the board within the fund with respect to the Cash Balance Benefit Program to be drawn upon to the extent necessary to credit interest to employee accounts and employer accounts at the minimum interest rate during years in which the plan’s investment earnings with respect to the Cash Balance Benefit Program are not sufficient for that purpose, and where necessary, to provide additions to the Annuitant Reserve for monthly annuity payments.
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(Amended by Stats. 1998, Ch. 1048, Sec. 22. Effective January 1, 1999.)
This section defines 'investment earnings' as the money made from investing the contributions of employees and employers, as well as any previous investment gains during the year.
“Investment earnings” means income received or receivable during the plan year by the plan from investment of employee contributions, employer contributions, and prior investment earnings.
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(Added by Stats. 1995, Ch. 592, Sec. 16. Effective January 1, 1996.)
This law defines the "minimum interest rate" as the yearly interest rate set by the board for the Cash Balance Benefit Program. It's determined through a change in the plan and must follow federal laws and regulations.
“Minimum interest rate” means the annual rate determined for the plan year by the board by means of an amendment to the plan with respect to the Cash Balance Benefit Program in accordance with applicable federal laws and regulations.
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(Amended by Stats. 1998, Ch. 965, Sec. 242. Effective January 1, 1999.)
The term "participant" refers to someone involved in the Cash Balance Benefit Program in certain ways: either by having worked in a way that qualifies for this program, by having their contributions recorded under this program, by receiving a retirement income due to their qualifying work, or by not yet meeting specific criteria under another related section.
“Participant” means a person who has performed creditable service subject to coverage by the Cash Balance Benefit Program and who has contributions credited under the Cash Balance Benefit Program or is receiving an annuity under the Cash Balance Benefit Program by reason of creditable service or has not yet met the conditions of subdivision (b) of Section 26806.
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(Amended by Stats. 2015, Ch. 123, Sec. 29. (AB 991) Effective January 1, 2016.)
This law defines who is considered a new participant in the Cash Balance Benefit Program under the 2013 pension reform law. It specifies that anyone beginning employment on or after January 1, 2013, and not covered by key retirement systems before 2013, is subject to the reform. If someone was already part of specified retirement systems by the end of 2012, and worked in such a system within six months before joining the Cash Balance Benefit Program, they aren't considered new participants under this reform.
(a)CA Education Code § 26132.5(a) “Participant subject to the California Public Employees’ Pension Reform Act of 2013” means, notwithstanding subdivision (f) of Section 7522.04 of the Government Code, a person who first becomes employed to perform creditable service subject to coverage under the Cash Balance Benefit Program on or after January 1, 2013.
(b)CA Education Code § 26132.5(b) A participant as defined in subdivision (a) does not include a person who was a member on or before December 31, 2012, of the California Public Employees’ Retirement System, the Legislators’ Retirement System, the University of California Retirement System, county retirement systems established under Chapter 3 (commencing with Section 31450) of Part 3 of Division 4 of Title 3 of
the Government Code, or the San Francisco Employees’ Retirement System, and the person performed service in the other retirement system within the six months prior to the commencement of creditable service under the Cash Balance Benefit Program.
(c)CA Education Code § 26132.5(c) This section shall be deemed to have become operative on January 1, 2013.
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(Added by Stats. 2013, Ch. 559, Sec. 33. (AB 1381) Effective January 1, 2014. Deemed operative January 1, 2013, by Sec. 1 of Ch. 559.)
A 'pay period' is the timeframe an employer decides for calculating and issuing employee paychecks, and it can't be longer than 31 days.
“Pay period” means a payroll period specified by the employer but not more than 31 calendar days.
pay period payroll period employer 31 calendar days employee paychecks payment cycle pay schedule wage calculation maximum period compensation timeline
(Amended by Stats. 1998, Ch. 965, Sec. 244. Effective January 1, 1999.)
This section simply defines the term "Plan" as referring to the State Teachers’ Retirement Plan.
“Plan” means the State Teachers’ Retirement Plan.
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(Amended by Stats. 1998, Ch. 1048, Sec. 23. Effective January 1, 1999.)
This section defines "plan year" as the time period used for keeping records of the Cash Balance Benefit Program, which could be based on the calendar year, policy year, or fiscal year. The governing board is responsible for deciding what the plan year will be through a plan amendment.
“Plan year” means the calendar, policy, or fiscal year on which the records of the plan are kept, with respect to the Cash Balance Benefit Program. The board by means of plan amendment shall determine the plan year.
plan year records Cash Balance Benefit Program calendar year policy year fiscal year board determination plan amendment time period governing board
(Amended by Stats. 1999, Ch. 939, Sec. 77. Effective January 1, 2000.)
This section simply defines the term "public employer" as being the same as defined in another law under Section 7522.04 of the Government Code.
“Public employer” means a public employer as defined by subdivision (i) of Section 7522.04 of the Government Code.
public employer Government Code Section 7522.04 definition public sector employment subdivision (i) employment terms government definition public employment regulation subdivision reference legal definition cross-reference employee classification public agency employers
(Added by Stats. 2013, Ch. 559, Sec. 34. (AB 1381) Effective January 1, 2014. Deemed operative January 1, 2013, by Sec. 1 of Ch. 559.)
This law specifies what qualifies as 'retired participant activities' for someone retired from service in the California public school system. These activities can be jobs where the retiree works as an employee for a school, a third party, or as an independent contractor. However, if a retiree works for a third party, their work doesn't count as 'retired participant activities' under certain conditions: if the job is temporary (24 months or less), the third party isn't part of a California pension system, and the job isn't typically done by school employees.
(a)CA Education Code § 26135.7(a) “Retired participant activities” means one or more activities identified in subdivision (b), (c), or (d) of Section 22119.5 or (b), (c), or (d) of Section 26113 within the California public school system and performed by a participant retired for service under this part as one of the following:
(1)CA Education Code § 26135.7(a)(1) An employee of an employer.
(2)CA Education Code § 26135.7(a)(2) An employee of a third party, except as specified in subdivision (b).
(3)CA Education Code § 26135.7(a)(3) An independent contractor.
(b)CA Education Code § 26135.7(b) The activities of an employee of a third party shall not be included
in the definition of “retired participant activities” if all of the following conditions apply:
(1)CA Education Code § 26135.7(b)(1) The employee performs an assignment of 24 months or less.
(2)CA Education Code § 26135.7(b)(2) The third-party employer does not participate in a California public pension system.
(3)CA Education Code § 26135.7(b)(3) The activities performed by the individual are not normally performed by employees of an employer, as defined in Section 22131.
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(Amended by Stats. 2015, Ch. 782, Sec. 11. (AB 963) Effective January 1, 2016.)
This law specifies that 'retirement' involves two main steps: ending your job and meeting all the necessary requirements to start receiving retirement benefits from the Cash Balance Benefit Program.
“Retirement” means termination of employment and completion of all conditions precedent to receiving a retirement benefit under the Cash Balance Benefit Program.
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(Amended by Stats. 1998, Ch. 965, Sec. 245. Effective January 1, 1999.)
This law explains what a “retirement benefit” means for a participant when they retire. It's the total amount that is paid out based on the participant’s own contributions (employee account) and the contributions from their employer (employer account) up to the retirement date. This benefit is given according to certain specific sections (26806, 26807, or 26807.5) that outline how it should be paid.
“Retirement benefit” means an amount payable under this part in the event of the participant’s retirement for service that is equal to the sum of the participant’s employee account and employer account as of the retirement date and that is payable pursuant to Section 26806, 26807, or 26807.5.
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(Amended by Stats. 2006, Ch. 655, Sec. 66. Effective January 1, 2007.)
The term "retirement date" refers to the day when someone starts receiving their retirement benefits after applying for them from the plan mentioned in this part.
“Retirement date” means the date the benefit under this part becomes payable to a participant who has applied for a retirement benefit from the plan under this part.
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(Amended by Stats. 1998, Ch. 965, Sec. 246. Effective January 1, 1999.)
This law defines what counts as "salary" for certain employee benefits programs. Salary includes cash payments from an employer for work that's covered under these programs, money paid as part of an agreed-upon salary schedule or contract, compensation during approved absences, and certain contributions and deductions like retirement plans. It doesn't include things like payments for non-qualifying service, fringe benefits, reimbursement of expenses, or severance pay. If someone tries to report salary incorrectly, they could face legal consequences. This rule has been in effect since July 1996 but doesn't apply to those under the California Public Employees’ Pension Reform Act of 2013.
(a)CA Education Code § 26139(a) “Salary” means remuneration paid in cash by an employer to a participant for creditable service performed in that position subject to coverage under the Cash Balance Benefit Program. Salary shall include:
(1)CA Education Code § 26139(a)(1) Money paid in accordance with a publicly available written contractual agreement, including, but not limited to, a salary schedule, based on years of training and years of experience as specified in Section 45028 for creditable service performed.
(2)CA Education Code § 26139(a)(2) For participants not paid according to a salary schedule, money paid for creditable service performed in accordance with a publicly available written contractual
agreement, including, but not limited to, a collective bargaining agreement or an employment agreement.
(3)CA Education Code § 26139(a)(3) Money paid for the participant’s absence from performance of creditable service as approved by an employer, except as provided in paragraph (5) of subdivision (b).
(4)CA Education Code § 26139(a)(4) Employee contributions picked up by an employer pursuant to Section 26502.
(5)CA Education Code § 26139(a)(5) Amounts deducted by an employer from the participant’s salary, including, but not limited to, deductions for participation in a deferred compensation plan; deductions for the purchase of an annuity contract, tax-deferred retirement plan, or other insurance program; and deductions for participation in 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.
(6)CA Education Code § 26139(a)(6) Money paid by an employer in addition to salary paid under paragraph (1) or (2) if paid to all employees in a class in the same dollar amount, the same percentage of salary, or the same percentage of the amount being distributed.
(7)CA Education Code § 26139(a)(7) Any other payments the board determines by plan amendment to be “salary.”
(b)CA Education Code § 26139(b) “Salary” does not mean and shall not include:
(1)CA Education Code § 26139(b)(1) Money paid for service that is not creditable service.
(2)CA Education Code § 26139(b)(2) Money paid by an employer in addition to salary paid under paragraph (1) or (2) if not paid to all employees in a class in the same dollar amount, the same percentage of salary, or the same percentage of the amount being distributed.
(3)CA Education Code § 26139(b)(3) Fringe benefits provided by an employer.
(4)CA Education Code § 26139(b)(4) Expenses paid or reimbursed by an employer.
(5)CA Education Code § 26139(b)(5) Money paid in exchange for the relinquishment of unused accumulated leave.
(6)CA Education Code § 26139(b)(6) Severance pay, including lump-sum and installment payments, or money paid in excess of salary or wages to a participant as compensatory damages or as a compromise settlement.
(7)CA Education Code § 26139(b)(7) Payments, including, but not limited to, those for participation in a deferred compensation plan; to purchase an annuity contract, tax-deferred retirement program, or other insurance program; and for participation in 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
that are purchased by an employer for a participant.
(8)CA Education Code § 26139(b)(8) Any payments determined by the system to have been made by an employer to enhance a participant’s benefits.
(9)CA Education Code § 26139(b)(9) Any other payments the board determines by plan amendment not to be “salary.”
(c)CA Education Code § 26139(c) Any employer or person who knowingly or willfully reports salary in a manner inconsistent with the provisions of subdivisions (a) or (b) may be subject to prosecution for fraud, theft, or embezzlement in accordance with provisions of the Penal Code. The system may establish procedures to ensure that salary reported by an employer is in compliance with this section.
(d)CA Education Code § 26139(d) For purposes of this section, remuneration shall be considered paid if distributed to any person in the same class of employees who meets
the qualifications or requirements specified in a publicly available written contractual agreement, including, but not limited to, a collective bargaining agreement or an employment agreement, as a condition of receiving the remuneration.
(e)CA Education Code § 26139(e) This section shall be deemed to have become operative on July 1, 1996.
(f)CA Education Code § 26139(f) This section shall not apply to a participant subject to the California Public Employees’ Pension Reform Act of 2013.
Cash Balance Benefit Program creditable service collective bargaining agreement salary schedule deferred compensation plan Section 125 Section 401(k) fringe benefits reimbursement severance pay tax-deferred retirement employer contributions plan amendment fraud compensatory damages
(Amended by Stats. 2013, Ch. 559, Sec. 36. (AB 1381) Effective January 1, 2014.)
This section defines what counts as 'salary' for people involved with the California Public Employees’ Pension Reform Act of 2013 under the Cash Balance Benefit Program. It specifies that salary includes regular payments, approved absences, and certain deductions. However, it does not include one-time payments, expenses, bonuses, or money for non-work time. There is a cap on how much salary counts for pension purposes, adjusted annually for cost-of-living changes. If someone reports salary incorrectly, they could face legal charges for fraud. Salary is considered paid if it's given to employees under a publicly available contract meeting specific conditions.
(a)CA Education Code § 26139.5(a) “Salary,” for participants subject to the California Public Employees’ Pension Reform Act of 2013, means remuneration paid each pay period in cash by an employer to a participant for creditable service performed in that position subject to coverage under the Cash Balance Benefit Program in accordance with a publicly available written contractual agreement, including, but not limited to, a salary schedule or employment agreement, based on years of training and years of experience as specified in Section 45028. Salary shall include:
(1)CA Education Code § 26139.5(a)(1) Money paid for the participant’s absence from performance of creditable service as approved by an employer, except as provided in paragraph (5) of subdivision (b).
(2)CA Education Code § 26139.5(a)(2) Employee contributions picked up by an employer pursuant to Section 26502.
(3)CA Education Code § 26139.5(a)(3) Amounts deducted by an employer from the participant’s salary, including, but not limited to, deductions for participation in a deferred compensation plan; deductions for the purchase of an annuity contract, tax-deferred retirement plan, or other insurance program; and deductions for participation in a plan that meets the requirements of Section 125, 401(a), 401(k), 403(b), 457(b), or 457(f) of Title 26 of the United States Code.
(4)CA Education Code § 26139.5(a)(4) Any other payments the board determines by plan amendment to be “salary.”
(b)CA Education Code § 26139.5(b) “Salary” does not mean and shall not include:
(1)CA Education Code § 26139.5(b)(1) Money paid for service that is not creditable service.
(2)CA Education Code § 26139.5(b)(2) Money not paid each pay period in which creditable service is performed for that position.
(3)CA Education Code § 26139.5(b)(3) Fringe benefits provided by an employer.
(4)CA Education Code § 26139.5(b)(4) Expenses paid or reimbursed by an employer.
(5)CA Education Code § 26139.5(b)(5) Money paid in exchange for the relinquishment of unused accumulated leave.
(6)CA Education Code § 26139.5(b)(6) Severance pay, including lump-sum and installment payments, or money paid in excess of salary to a participant as compensatory damages or as a compromise settlement.
(7)CA Education Code § 26139.5(b)(7) Payments, including, but not limited to, those for participation in a deferred compensation plan; to purchase an annuity contract, tax-deferred retirement program, or other insurance program; and
for participation in 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 that are purchased by an employer for a participant.
(8)CA Education Code § 26139.5(b)(8) Any payments determined by the system to have been made by an employer to enhance a participant’s benefits under the plan.
(9)CA Education Code § 26139.5(b)(9) Money paid to the participant in lieu of benefits provided to the participant by the employer or paid directly by the employer to a third party other than the system for the benefit of the participant.
(10)CA Education Code § 26139.5(b)(10) Any one-time or ad hoc payments made to a participant.
(11)CA Education Code § 26139.5(b)(11) Any employer-provided allowance, reimbursement, or payment, including, but not limited to, one made for housing, vehicle, or uniform.
(12)CA Education Code § 26139.5(b)(12) Any bonus paid in addition to compensation described in subdivision (a).
(13)CA Education Code § 26139.5(b)(13) Any other payments the board determines by plan amendment not to be “salary.”
(c)Copy CA Education Code § 26139.5(c)
(1)Copy CA Education Code § 26139.5(c)(1) Salary in any fiscal year shall not exceed:
(A)CA Education Code § 26139.5(c)(1)(A) One hundred twenty percent of the “contribution and benefit base,” as determined under Section 430(b) of the Social Security Act (42 U.S.C. Sec. 430(b)), on January 1, 2013, for a participant whose service is not included in the federal system.
(B)CA Education Code § 26139.5(c)(1)(B) One hundred percent of the “contribution and benefit base,” as determined under Section 430(b) of the Social Security Act (42 U.S.C. Sec. 430(b)), on January 1, 2013, for a participant whose service is included
in the federal system pursuant to any changes in state or federal law enacted on or after January 1, 2013.
(2)CA Education Code § 26139.5(c)(2) The system shall adjust the limit based on the annual changes to the Consumer Price Index for All Urban Consumers: U.S. City Average, calculated by dividing the Consumer Price Index for All Urban Consumers: U.S. City Average for the month of February in the fiscal year preceding the adjustment by the Consumer Price Index for All Urban Consumers: U.S. City Average for the month of February of the previous year rounded to the nearest thousandth. Notwithstanding paragraph (1) of subdivision (d) of Section 7522.10 of the Government Code, the adjustment shall be effective annually on July 1, beginning July 1, 2014.
(3)CA Education Code § 26139.5(c)(3) The Legislature reserves the right to modify the
requirements of this subdivision with regard to all participants subject to this subdivision, except that the Legislature may not modify these provisions in a manner that would result in a decrease in benefits accrued prior to the effective date of the modification.
(d)CA Education Code § 26139.5(d) Any employer or person who knowingly or willfully reports salary in a manner inconsistent with the provisions of subdivisions (a) or (b) may be subject to prosecution for fraud, theft, or embezzlement in accordance with provisions of the Penal Code. The system may establish procedures to ensure that salary reported by an employer is in compliance with this section.
(e)CA Education Code § 26139.5(e) For purposes of this section, remuneration shall be considered paid if distributed to any person in the same class of employees who meets the qualifications or requirements specified in a publicly available written contractual agreement, including,
but not limited to, a collective bargaining agreement or an employment agreement, as a condition of receiving the remuneration.
California Public Employees’ Pension Reform Act Cash Balance Benefit Program salary definition creditable service deferred compensation plan contribution and benefit base Social Security Act salary cap Consumer Price Index adjustment fraud prosecution publicly available contractual agreement annual salary limit adjustment employee contributions fringe benefits employment agreement
(Amended by Stats. 2015, Ch. 123, Sec. 30. (AB 991) Effective January 1, 2016.)
This law defines who is considered a 'spouse' for the purpose of benefits and beneficiary designations. Basically, your spouse is the person you are married to at the time you file for benefits or when you pass away. It also states that registered domestic partners are treated the same as spouses under these circumstances, except in specific exclusions noted in other sections.
(a)CA Education Code § 26140(a) “Spouse” means the person married to the participant on the date the participant files a beneficiary designation, or an application for a benefit, or on the date of the participant’s death.
(b)CA Education Code § 26140(b) Except as excluded in Sections 26004 and 27406, a person who is the registered domestic partner of the participant, as established pursuant to Section 297 or 299.2 of the Family Code, on the date the participant files a beneficiary designation or an application for a benefit, or on the date of the participant’s death, shall be treated in the same manner as a spouse.
spouse definition beneficiary designation registered domestic partner benefit application marital status participant death Section 297 Section 299.2 Section 26004 exclusions Section 27406 exclusions
(Amended by Stats. 2005, Ch. 418, Sec. 10. Effective January 1, 2006.)
This section defines 'System' specifically as the State Teachers’ Retirement System.
“System” means the State Teachers’ Retirement System.
State Teachers’ Retirement System Retirement System teachers' retirement system definition California teachers pension system state employees education retirement educators' retirement benefits teachers' pensions California educators public school employees retirement benefits pension plan teachers' financial security
(Added by Stats. 1995, Ch. 592, Sec. 16. Effective January 1, 1996.)
This law section defines what is meant by 'System’s headquarters office' as the permanent headquarters office building established according to a specific section of the law.
“System’s headquarters office” means the office building established as the permanent headquarters facility for the system, pursuant to Section 22375.
system's headquarters office permanent headquarters office building facility Section 22375 definition headquarters location EDC California Education Code permanent structure office definition building terms headquarters establishment system office California system headquarters
(Added by Stats. 2015, Ch. 123, Sec. 31. (AB 991) Effective January 1, 2016.)
The term 'termination benefit' refers to the total money someone receives when they leave a job, which includes funds from both their own account and the employer's account, as outlined in Chapter 13 (starting with Section 27200).
“Termination benefit” means a benefit that is an amount equal to the sum of the participant’s employee account and employer account payable under this part pursuant to the provisions of Chapter 13 (commencing with Section 27200).
termination benefit employee account employer account payable Chapter 13 retirement funds employment termination account payout Section 27200 employee benefits employer contributions benefit calculation leaving a job retirement plan employment benefits
(Amended by Stats. 1998, Ch. 965, Sec. 248. Effective January 1, 1999.)
This section defines 'total and permanent disability' as a physical or mental condition that stops someone from doing their job for at least a year. This must be something a doctor can confirm.
“Total and permanent disability” means any medically determinable physical or mental incapacity that is expected to prevent the participant from performing creditable service under this part for the employer for a continuous period of at least one year.
total and permanent disability medically determinable physical incapacity mental incapacity unable to perform work creditable service employment interruption disability duration doctor confirmation long-term disability employment limitation
(Amended by Stats. 1998, Ch. 965, Sec. 249. Effective January 1, 1999.)
This law defines "trustee service" as the responsibilities carried out by someone who is a part of the leadership team of an organization or employer.
“Trustee service” means duties performed by a member of the governing body of an employer.
trustee service duties governing body employer member responsibilities leadership team
(Added by Stats. 2000, Ch. 1020, Sec. 11. Effective January 1, 2001.)
An 'unfunded actuarial obligation' is simply a deficit, or negative balance, in what's called the Gain and Loss Reserve.
“Unfunded actuarial obligation” means any negative balance in the Gain and Loss Reserve.
unfunded actuarial obligation negative balance Gain and Loss Reserve deficit actuarial term financial shortfall pension funding reserve account actuarial calculations financial obligations
(Added by Stats. 1995, Ch. 592, Sec. 16. Effective January 1, 1996.)