text:
(a) “Beneficiary,” with respect to the Defined Benefit Program, means any person or entity receiving or entitled to receive an allowance or lump-sum payment under the Defined Benefit Program because of the disability or death of a member.

(b) “Beneficiary,” with respect to the Defined Benefit Supplement Program, means any person or entity receiving or entitled to receive a final benefit under the Defined Benefit Supplement Program upon the death of a member.

history: (History: Amended by Stats. 2000, Ch. 74, Sec. 8. Effective January 1, 2001.)

title: 1. GENERAL EDUCATION CODE PROVISIONS


kind: section

code: EDC

text:
(a) “Benefit” or “benefits,” with respect to the Defined Benefit Program, means any monthly payment due a retired member, disabled member, or beneficiary, and includes lump-sum payments due on account of death.

(b) “Benefit” and “benefits,” with respect to the Defined Benefit Supplement Program, means an amount equal to the balance of credits in a member’s Defined Benefit Supplement account.

history: (History: Amended by Stats. 2000, Ch. 74, Sec. 9. Effective January 1, 2001.)

division: 1. GENERAL EDUCATION CODE PROVISIONS

part: 13. STATE TEACHERS' RETIREMENT SYSTEM

title: 1. GENERAL EDUCATION CODE PROVISIONS

chapter: 2. Definitions

path: 1. GENERAL EDUCATION CODE PROVISIONS > 1. GENERAL EDUCATION CODE PROVISIONS > 13. STATE TEACHERS' RETIREMENT SYSTEM > 2. Definitions


text: “Board” means the Teachers’ Retirement Board.

history: (History: Repealed and added by Stats. 1994, Ch. 933, Sec. 3. Effective September 28, 1994.)

title: 1. GENERAL EDUCATION CODE PROVISIONS


text: “California Public Employees’ Pension Reform Act of 2013” means the California Public Employees’ Pension Reform Act of 2013 (Article 4 (commencing with Section 7522) of Chapter 21 of Division 7 of Title 1 of the Government Code).

history: (History: Added by Stats. 2013, Ch. 559, Sec. 2. (AB 1381) Effective January 1, 2014. Deemed operative January 1, 2013, by Sec. 1 of Ch. 559.)

title: 1. GENERAL EDUCATION CODE PROVISIONS


text: “California service” means service performed in California for which credit may be given.

title: 1. GENERAL EDUCATION CODE PROVISIONS


text: “Cash Balance Benefit Program” means the benefit program of the State Teachers’ Retirement Plan as set forth in Part 14 (commencing with Section 26000).

history: (History: Amended by Stats. 1998, Ch. 1048, Sec. 2. Effective January 1, 1999.)

title: 1. GENERAL EDUCATION CODE PROVISIONS


text: “Credential,” “credentials,” and “certificate” mean any life diploma, credential, certificate, or other document provided for, by, and issued pursuant to the laws of the state that authorize service in the public school system of this state.

history: (History: Added by Stats. 1996, Ch. 634, Sec. 6.5. Effective January 1, 1997.)

title: 1. GENERAL EDUCATION CODE PROVISIONS


text: “Certificated” means the holding by a person of a credential that is required by the laws of the state to be held as a condition to valid employment in the position in which the person is employed.

history: (History: Added by Stats. 1996, Ch. 634, Sec. 7. Effective January 1, 1997.)

title: 1. GENERAL EDUCATION CODE PROVISIONS


text: “Child’s portion” or “children’s portion” means the amount of a disability allowance, disability retirement allowance, family allowance, or survivor benefit allowance payable for a dependent child or dependent children.

history: (History: Repealed and added by Stats. 1996, Ch. 1165, Sec. 3. Effective January 1, 1997.)

title: 1. GENERAL EDUCATION CODE PROVISIONS


text:
(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) 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) 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) The amendments to this section during the 1995–96 Regular Session of the Legislature shall be deemed to have become operative on July 1, 1996.

history: (History: Amended by Stats. 1996, Ch. 1165, Sec. 5. Effective January 1, 1997.)

title: 1. GENERAL EDUCATION CODE PROVISIONS


text:
Notwithstanding Section 22112.5, any county office of education that, prior to January 1, 1997, operated a special education program for up to 225 days, and changes that program to a regular school term of not less than 180 school days with an extended school term of not more than 45 days effective July 1, 1998, may consider days of service in defining not more than two classes of employees, subject to the following:

(a) Members employed in the 225-day program prior to October 1, 1997, may remain in a class of employees for whom full-time service is 216 days per school term.

(b) Any of those members may elect to belong to a second class of employees for whom full-time service is fewer than 216 days per year, but not less than the minimum standard specified in paragraph (1) of subdivision (b) of Section 22138.5, if both of the following conditions exist:

(1) The election is made on or before June 30, 1998, and is effective July 1, 1998.

(2) The election is nonrevocable.

(c) All certificated employees hired on or after October 1, 1997, shall belong to the class of employees specified in subdivision (b).

(d) This section shall not apply to certificated employees whose base school term is determined pursuant to subparagraph (A) or (B) of paragraph (2) of subdivision (b) of Section 22138.5.

history: (History: Amended by Stats. 2018, Ch. 416, Sec. 2. (SB 1165) Effective January 1, 2019.)

title: 1. GENERAL EDUCATION CODE PROVISIONS


text: “Comparable level position” means any job in which the member can earn 6623 percent or more of indexed final compensation.

title: 1. GENERAL EDUCATION CODE PROVISIONS


text:
(a) “Compensation earnable” means the sum of the following:

(1) The average annualized pay rate, which shall be determined as the quotient obtained when salary or wages, as described in Section 22119.2 or 22119.3, paid in a school year is divided by the service credited for that school year. The quotient shall not exceed the member’s highest annualized pay rate for that school year.

(2) Remuneration that is paid in addition to salary or wages, as described in Section 22119.2 or 22119.3, for the school year described in paragraph (1).

(b) If a member earns creditable compensation at multiple annualized pay rates during a school year and service credited at the highest annualized pay rate is at least 0.900 of a year, compensation earnable shall be determined as if all service credited for that year had been earned at the highest annualized pay rate.

(c) Compensation earnable excludes creditable compensation for which contributions are credited by the system to the Defined Benefit Supplement Program.

(d) (1) The board shall determine a date based on when the system has the capacity to implement the changes made by the act that added this subdivision. The date determined by the board shall be posted on the internet website of the system no later than July 1, 2027.

(2) This section shall become inoperative on the date determined by the board pursuant to paragraph (1), and this section shall be repealed on July 1, 2027.

history: (History: Amended by Stats. 2024, Ch. 690, Sec. 3. (AB 1997) Effective January 1, 2025. Repealed as of July 1, 2027, by its own provisions. Conditionally inoperative as prescribed by its own provisions. See later operative version added by Sec. 2 of Stats. 2024, Ch. 690.)

title: 1. GENERAL EDUCATION CODE PROVISIONS


text:
(a) “Compensation earnable” means the sum of the following:

(1) The average annualized pay rate, which shall be determined as the quotient obtained when salary, as described in Section 22119.3, earned in a school year is divided by the service credited for that salary pursuant to paragraph (1) of subdivision (c) of Section 22701. The quotient shall not exceed the member’s highest annualized pay rate for that school year.

(2) Special pay, as described in Section 22119.3, for the same school year referenced in paragraph (1).

(b) If a member earns salary at multiple annualized pay rates during a school year and service credited at the highest annualized pay rate is at least 0.900 of a year, compensation earnable shall be determined as if all salary for that year had been earned at the highest annualized pay rate.

(c) Compensation earnable excludes all supplemental pay and any creditable compensation for which contributions are credited by the system to the Defined Benefit Supplement Program.

(d) Compensation earnable shall not exceed the limits described in Section 22317.5.

(e) This definition of “compensation earnable” reflects sound principles that support the integrity of the retirement fund. Those principles include, but are not limited to, consistent treatment of compensation earnable throughout a member’s career, consistent treatment of compensation earnable among an entire class of employees, consistent treatment of compensation earnable for the position, preventing adverse selection, and excluding from compensation earnable remuneration that is paid to enhance a member’s benefits. This definition is also consistent with the definition of “pensionable compensation” under Section 7522.34 of the Government Code for members who are subject to the California Public Employees’ Pension Reform Act of 2013.

(f) A presumption by the system that creditable compensation was paid or reported to enhance the member’s benefits may be rebutted by the member or by the employer on behalf of the member. Upon receipt of sufficient evidence to the contrary, a presumption by the system that creditable compensation was paid to enhance the member’s benefits may be reversed.

(g) (1) The board shall determine a date based on when the system has the capacity to implement the changes made by the act that added this subdivision. The date determined by the board shall be posted on the internet website of the system no later than July 1, 2027.

(2) This section shall become operative on the date determined by the board pursuant to paragraph (1).

history: (History: Repealed (in Sec. 3) and added by Stats. 2024, Ch. 690, Sec. 4. (AB 1997) Effective January 1, 2025. Conditionally operative as prescribed by its own provisions.)

title: 1. GENERAL EDUCATION CODE PROVISIONS


text:
“Concurrent membership” means membership in the Defined Benefit Program by an individual who is credited with service that is not used as a basis for benefits under any other public retirement system and is also a member 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. A member with concurrent membership shall have the right to the following:

(a) Have final compensation determined pursuant to subdivision (d) of Section 22134 or subdivision (d) of Section 22134.5.

(b) Redeposit accumulated retirement contributions pursuant to Section 23201.

(c) Apply for retirement pursuant to paragraph (2) of subdivision (a) of Section 24201.

history: (History: Amended by Stats. 2016, Ch. 218, Sec. 5. (SB 1352) Effective January 1, 2017.)

title: 1. GENERAL EDUCATION CODE PROVISIONS


text:
(a) “Concurrent retirement” entitles a member of the Defined Benefit Program to retire for service from the State Teachers’ Retirement System and from at least one of the retirement systems with which the member has concurrent membership, as defined in Section 22115.2, on the same date or on different dates provided that the member does not perform creditable service subject to coverage under the other system or the Defined Benefit Program between the two retirement dates.

(b) A retired member who is subsequently employed in a position subject to membership in a public retirement system, specified in Section 22115.2, shall not be eligible for concurrent retirement.

history: (History: Added by Stats. 1999, Ch. 939, Sec. 9. Effective January 1, 2000.)

title: 1. GENERAL EDUCATION CODE PROVISIONS


text: “Contribution rate for additional service credit” means the contribution rate adopted by the board as a plan amendment with respect to the Defined Benefit Program for the purchase of service credit. This rate shall be based upon the most recent valuation of the plan with respect to the Defined Benefit Program and increased to include any subsequently required contribution rates designated for funding subsequent allowance increases.

history: (History: Amended by Stats. 1998, Ch. 965, Sec. 2. Effective January 1, 1999.)

title: 1. GENERAL EDUCATION CODE PROVISIONS


text: “County” includes “city and county.”

title: 1. GENERAL EDUCATION CODE PROVISIONS


text: “County superintendent” means the county superintendent of schools.

title: 1. GENERAL EDUCATION CODE PROVISIONS


text:
(a) “Creditable compensation” means the following remuneration that is paid in cash by an employer to all persons in the same class of employees for performing creditable service in that position:

(1) Salary or wages paid in accordance with a publicly available written contractual agreement, including, but not limited to, a salary schedule or employment agreement.

(2) Remuneration that is paid in addition to salary or wages, provided it is paid to all persons who are in the same class of employees in the same dollar amount, the same percentage of salary or wages, or the same percentage of the amount being distributed.

(b) Creditable compensation shall include:

(1) Remuneration that is paid for the use of sick leave, vacation leave, or an employer-approved compensated leave of absence, except as provided in paragraph (4) of subdivision (d).

(2) Member contributions that are picked up by an employer pursuant to Section 22903 or 22904.

(3) Amounts that are deducted from a member’s remuneration, including, but not limited to, deductions for participation in a deferred compensation plan; deductions to purchase an annuity contract, tax-deferred retirement plan, or insurance program; and contributions to a plan that meets the requirements of Section 125, 401(a), 401(k), 403(b), 457(b), or 457(f) of Title 26 of the United States Code.

(4) Any other payments the board determines to be “creditable compensation.”

(c) Any creditable compensation determined by the system to have been paid to enhance a member’s benefits shall not be credited under the Defined Benefit Program. Contributions on that compensation shall be credited to the Defined Benefit Supplement Program. A presumption by the system that creditable compensation was paid to enhance a member’s benefits may be rebutted by the member or by the employer on behalf of the member. Upon receipt of sufficient evidence to the contrary, a presumption by the system that creditable compensation was paid to enhance the member’s benefits may be reversed.

(d) “Creditable compensation” does not mean and shall not include:

(1) Remuneration that is not paid in cash or is not paid to all persons who are in the same class of employees.

(2) Remuneration that is paid for service that is not creditable service pursuant to Section 22119.5 or 22119.6.

(3) Remuneration that is paid in addition to salary or wages if it is not paid to all persons in the same class of employees in the same dollar amount, the same percentage of salary or wages, or the same percentage of the amount being distributed pursuant to paragraph (2) of subdivision (a).

(4) Remuneration that is paid in exchange for the relinquishment of unused accumulated leave.

(5) Payments, including, but not limited to, those for participation in a deferred compensation plan; to purchase an annuity contract, tax-deferred retirement plan, or insurance program; and for contributions to a plan that meets the requirements of Section 125, 401(a), 401(k), 403(b), 457(b), or 457(f) of Title 26 of the United States Code when the cost is covered by an employer and is not deducted from the member’s salary.

(6) Fringe benefits provided by an employer.

(7) Expenses paid or reimbursed by an employer.

(8) Severance pay, including lump-sum and installment payments, or money paid in excess of salary or wages to a member as compensatory damages or as a compromise settlement.

(9) Any other payments the board determines not to be “creditable compensation.”

(e) An employer or individual who knowingly or willfully reports compensation in a manner inconsistent with subdivision (a), (b), or (d) may be subject to prosecution for fraud, theft, or embezzlement in accordance with the Penal Code. The system may establish procedures to ensure that compensation reported by an employer is in compliance with this section.

(f) 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.

(g) This definition of “creditable compensation” reflects sound principles that support the integrity of the retirement fund. Those principles include, but are not limited to, consistent treatment of compensation throughout a member’s career, consistent treatment of compensation among an entire class of employees, consistent treatment of compensation for the position, preventing adverse selection, and excluding from compensation earnable remuneration that is paid to enhance a member’s benefits. The system shall determine the appropriate crediting of contributions between the Defined Benefit Program and the Defined Benefit Supplement Program according to these principles, to the extent not otherwise specified pursuant to this part.

(h) The section shall become operative on July 1, 2002.

(i) This section shall not apply to a member subject to the California Public Employees’ Pension Reform Act of 2013.

(j) (1) The board shall determine a date based on when the system has the capacity to implement the changes made by the act that added this subdivision. The date determined by the board shall be posted on the internet website of the system no later than July 1, 2027.

(2) This section shall become inoperative on the date determined by the board pursuant to paragraph (1), and this section shall be repealed on July 1, 2027.

history: (History: Amended by Stats. 2024, Ch. 690, Sec. 5. (AB 1997) Effective January 1, 2025. Conditionally inoperative as prescribed by its own provisions. Repealed as of July 1, 2027, by its own provisions.)

title: 1. GENERAL EDUCATION CODE PROVISIONS


text:
(a) “Creditable compensation” for members who are subject to the California Public Employees’ Pension Reform Act of 2013 means the following remuneration that is paid in cash by an employer for performing creditable service in that position each pay period the creditable service is performed:

(1) Salary or wages.

(2) Remuneration that is paid in addition to salary or wages, only if it is paid to all persons who are in the same class of employees in the same dollar amount, the same percentage of salary or wages, or the same percentage of the amount being distributed.

(b) Creditable compensation shall be paid to all persons in the same class of employees in accordance with a publicly available written contractual agreement, including, but not limited to, a salary schedule or employment agreement, and shall include:

(1) Remuneration that is paid for the use of sick leave, vacation leave, or an employer-approved compensated leave of absence, except as provided in paragraph (4) of subdivision (c).

(2) Member contributions that are picked up by an employer pursuant to Section 22903 or 22904.

(3) Amounts that are deducted from a member’s remuneration, including, but not limited to, deductions for participation in a deferred compensation plan; deductions to purchase an annuity contract, tax-deferred retirement plan, or insurance program; and contributions to a plan that meets the requirements of Section 125, 401(a), 401(k), 403(b), 457(b), or 457(f) of Title 26 of the United States Code.

(4) Notwithstanding paragraphs (6) and (8) of subdivision (c) of Section 7522.34 of the Government Code, remuneration that is paid for creditable service that exceeds one year in a school year.

(c) “Creditable compensation” does not mean and shall not include:

(1) Remuneration that is not paid in cash or is not paid to all persons who are in the same class of employees.

(2) Remuneration that is paid for service that is not creditable service pursuant to Section 22119.5 or 22119.6.

(3) Remuneration that is not paid each pay period in which creditable service is performed for that position.

(4) Remuneration that is paid in exchange for the relinquishment of unused accumulated leave.

(5) Payments, including, but not limited to, those for participation in a deferred compensation plan; to purchase an annuity contract, tax-deferred retirement plan, or insurance program; and for contributions to a plan that meets the requirements of Section 125, 401(a), 401(k), 403(b), 457(b), or 457(f) of Title 26 of the United States Code when the cost is covered by an employer.

(6) Fringe benefits provided by an employer.

(7) Expenses paid or reimbursed by an employer.

(8) Severance pay, including lump-sum and installment payments, or money paid in excess of salary or wages to a member as compensatory damages or as a compromise settlement.

(9) Creditable compensation determined by the system to have been paid to enhance a member’s benefit.

(10) Compensation paid to the member in lieu of benefits provided to the member by the employer or paid directly by the employer to a third party other than the system for the benefit of the member.

(11) Any one-time or ad hoc payments made to a member.

(12) Any employer-provided allowance, reimbursement, or payment, including, but not limited to, one made for housing, vehicle, or uniform.

(13) Any bonus paid in addition to compensation described in subdivision (a).

(14) Any other payments the board determines not to be “creditable compensation.”

(d) (1) Except for purposes of calculating credited service in the Defined Benefit Program and for reporting annualized pay rate on or after January 1, 2013, creditable compensation in any fiscal year shall not exceed:

(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 member whose service is not included in the federal system.

(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 member 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) 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) The Legislature reserves the right to modify the requirements of this subdivision with regard to all members 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.

(4) This subdivision shall apply to compensation paid during the 2013–14 fiscal year and each fiscal year thereafter.

(e) An employer or individual who knowingly or willfully reports compensation in a manner inconsistent with subdivision (a), (b), or (c) may be subject to prosecution for fraud, theft, or embezzlement in accordance with the Penal Code. The system may establish procedures to ensure that compensation reported by an employer is in compliance with this section.

(f) 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.

(g) This definition of “creditable compensation” reflects sound principles that support the integrity of the retirement fund. Those principles include, but are not limited to, consistent treatment of compensation throughout a member’s career, consistent treatment of compensation among an entire class of employees, consistent treatment of compensation for the position, preventing adverse selection, and excluding from creditable compensation remuneration that is paid to enhance a member’s benefits. The system shall determine the appropriate crediting of contributions according to these principles, to the extent not otherwise specified pursuant to this part. A presumption by the system that creditable compensation was paid to enhance the member’s benefits may be rebutted by the member or by the employer on behalf of the member. Upon receipt of sufficient evidence to the contrary, a presumption by the system that creditable compensation was paid to enhance the member’s benefits may be reversed.

(h) (1) The board shall determine a date based on when the system has the capacity to implement the changes made by the act that added this subdivision. The date determined by the board shall be posted on the internet website of the system no later than July 1, 2027.

(2) This section shall become inoperative on the date determined by the board pursuant to paragraph (1), and this section shall be repealed on July 1, 2027.

history: (History: Amended by Stats. 2024, Ch. 690, Sec. 6. (AB 1997) Effective January 1, 2025. Conditionally inoperative as prescribed by its own provisions. Repealed as of July 1, 2027, by its own provisions. See later operative version added by Sec. 7 of Stats. 2024, Ch. 690.)

title: 1. GENERAL EDUCATION CODE PROVISIONS


text:
(a) “Creditable compensation” means the following remuneration that is paid in cash by an employer:

(1) “Base pay,” which shall be used exclusively to determine compensation earnable and shall meet all the following criteria:

(A) Is either of the following:

(i) Salary established pursuant to a publicly available pay schedule.

(ii) Special pay established pursuant to a publicly available agreement.

(B) Is paid for performing creditable service up to the full-time equivalent.

(C) Is paid to all persons in the same class of employees who meet the requirements specified in a publicly available pay schedule or publicly available agreement provided that those requirements are permitted by the board in accordance with regulations.

(D) Is not paid a limited number of times.

(E) Is not a bonus for members who are subject to the California Public Employees’ Pension Reform Act of 2013.

(2) “Supplemental pay” is any compensation that does not meet the criteria for base pay and is not otherwise excluded from this definition of creditable compensation pursuant to subdivision (c).

(b) Except as otherwise prohibited pursuant to subdivision (c), “creditable compensation” shall include:

(1) Remuneration that is paid for the use of sick leave, vacation leave, or an employer-approved compensated leave of absence, except as provided in paragraph (4) of subdivision (c).

(2) Member contributions that are picked up by an employer pursuant to Section 22903 or 22904.

(3) Amounts that are deducted from a member’s remuneration, including, but not limited to, deductions for participation in a deferred compensation plan; deductions to purchase an annuity contract, tax-deferred retirement plan, or insurance program; and contributions to a plan that meets the requirements of Section 125, 401(a), 401(k), 403(b), 457(b), or 457(f) of Title 26 of the United States Code.

(4) Notwithstanding paragraphs (6) and (8) of subdivision (c) of Section 7522.34 of the Government Code, remuneration that is paid for creditable service that exceeds one year in a school year.

(c) “Creditable compensation” does not mean and shall not include:

(1) Remuneration that is not paid in cash.

(2) Remuneration that is paid in exchange for the relinquishment of unused accumulated leave.

(3) Payments, including, but not limited to, those for participation in a deferred compensation plan; to purchase an annuity contract, tax-deferred retirement plan, or insurance program; and for contributions to a plan that meets the requirements of Section 125, 401(a), 401(k), 403(b), 457(b), or 457(f) of Title 26 of the United States Code when the cost is covered by an employer.

(4) Fringe benefits provided by an employer.

(5) Expenses paid or reimbursed by an employer.

(6) Severance pay, including lump-sum and installment payments.

(7) Compensation paid in excess of base pay to a member as compensatory damages or as a compromise settlement.

(8) Creditable compensation determined by the system to have been paid to enhance a member’s benefit.

(9) Compensation paid to the member in lieu of benefits provided to the member by the employer or paid directly by the employer to a third party other than the system for the benefit of the member.

(10) Any employer-provided allowance, reimbursement, or payment, including, but not limited to, one made for housing, vehicle, or uniform.

(11) Any other payments the board determines not to be “creditable compensation.”

(d) Except for purposes of calculating credited service in the Defined Benefit Program and for reporting annualized pay rates, creditable compensation in any fiscal year shall not exceed the limits described in Section 22317.5.

(e) An employer or individual who knowingly or willfully reports compensation in a manner inconsistent with this section or Section 22104.8 may be subject to prosecution for fraud, theft, or embezzlement in accordance with the Penal Code. The system may establish procedures to ensure that compensation reported by an employer is in compliance with this section.

(f) This definition of “creditable compensation” is consistent with subdivision (e) of Section 22115.

(g) (1) The board shall determine a date based on when the system has the capacity to implement the changes made by the act that added this subdivision. The date determined by the board shall be posted on the internet website of the system no later than July 1, 2027.

(2) This section shall become operative on the date determined by the board pursuant to paragraph (1).

history: (History: Repealed (in Sec. 6) and added by Stats. 2024, Ch. 690, Sec. 7. (AB 1997) Effective January 1, 2025. Conditionally operative as prescribed by its own provisions.)

title: 1. GENERAL EDUCATION CODE PROVISIONS


text:
(a) “Creditable service” means any of the activities described in subdivision (b) performed for any of the following employers:

(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) 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) 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) The types of activities are any of the following:

(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 occupation programs, child care centers, and prekindergarten programs pursuant to Section 22161.

(2) Education or vocational counseling, guidance, and placement services.

(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) 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) The examination, selection, in-service training, mentoring, or assignment of teachers, principals, or other similar personnel involved in the instructional program.

(6) The work of nurses, physicians, speech therapists, psychologists, audiologists, and other California public school health professionals.

(7) Services as a California public school librarian.

(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) The work of employees who are responsible for the supervision of persons or administration of the duties described in this subdivision.

(c) “Creditable service” also means any of the activities described in subdivision (b) when they are performed for an employer by:

(1) Superintendents of California public schools, and presidents and chancellors of community college employers.

(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) Audiometrists who hold a certificate of registration issued by the State Department of Health Care Services.

(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) The board shall have final authority for determining creditable service to cover any activities not already specified.

(f) (1) The board shall determine a date based on when the system has the capacity to implement the changes made by the act that added this subdivision. The date determined by the board shall be posted on the internet website of the system no later than July 1, 2027.

(2) This section shall become inoperative on the date determined by the board pursuant to paragraph (1), and this section shall be repealed on July 1, 2027.

history: (History: Amended by Stats. 2024, Ch. 690, Sec. 8. (AB 1997) Effective January 1, 2025. Conditionally inoperative as prescribed by its own provisions. Repealed as of July 1, 2027, by its own provisions. See later operative version added by Sec. 9 of Stats. 2024, Ch. 690.)

title: 1. GENERAL EDUCATION CODE PROVISIONS


text:
(a) “Creditable service” means service in a position subject to membership.

(b) (1) The board shall determine a date based on when the system has the capacity to implement the changes made by the act that added this subdivision. The date determined by the board shall be posted on the internet website of the system no later than July 1, 2027.

(2) This section shall become operative on the date determined by the board pursuant to paragraph (1).

history: (History: Repealed (in Sec. 8) and added by Stats. 2024, Ch. 690, Sec. 9. (AB 1997) Effective January 1, 2025. Conditionally operative as prescribed by its own provisions.)

title: 1. GENERAL EDUCATION CODE PROVISIONS


text:
(a) Creditable service shall also include any activities that do not meet the definition of creditable service under Section 22119.5, but were performed for any employer, as defined in Section 22131, on or before December 31, 2015, and were reported as creditable service to the system.

(b) The type of activities described in subdivision (a) performed by a member who becomes employed by the same or a different employer in a new position on or after January 1, 2016, shall be subject to Section 22119.5.

history: (History: Added by Stats. 2015, Ch. 782, Sec. 5. (AB 963) Effective January 1, 2016.)

title: 1. GENERAL EDUCATION CODE PROVISIONS


text: “Credited interest” means interest that is credited to active members’ and inactive members’ accumulated retirement contributions and accumulated annuity deposit contributions at a rate set annually by the board as a plan amendment with respect to the Defined Benefit Program.

history: (History: Amended by Stats. 2016, Ch. 218, Sec. 6. (SB 1352) Effective January 1, 2017.)

title: 1. GENERAL EDUCATION CODE PROVISIONS


text:
(a) “Credited service” means service for which the required contributions have been paid and service for which required contributions would have been paid in absence of the limit prescribed by Section 401(a)(17) of Title 26 of the United States Code as described in Section 22317.5.

(b) “Credited service” for members who are subject to the California Public Employees’ Pension Reform Act of 2013 means service for which required contributions have been paid and service for which required contributions would have been paid in absence of the limit established by subdivision (d) of Section 22119.3.

(c) “Credited service” for the limited purpose of determining eligibility for benefits pursuant to Section 22134.5, 24203.5, or 24203.6 also includes up to two-tenths of one year of service granted pursuant to Section 22717.

(d) (1) The board shall determine a date based on when the system has the capacity to implement the changes made by the act that added this subdivision. The date determined by the board shall be posted on the internet website of the system no later than July 1, 2027.

(2) This section shall become inoperative on the date determined by the board pursuant to paragraph (1), and this section shall be repealed on July 1, 2027.

history: (History: Amended by Stats. 2024, Ch. 690, Sec. 10. (AB 1997) Effective January 1, 2025. Conditionally inoperative as prescribed by its own provisions. Repealed as of July 1, 2027, by its own provisions. See later operative version added by Sec. 11 of Stats. 2024, Ch. 690.)

title: 1. GENERAL EDUCATION CODE PROVISIONS


text:
(a) “Credited service” means service for which the required contributions have been paid and service for which required contributions would have been paid in absence of the limits described in Section 22317.5.

(b) “Credited service” for the limited purpose of determining eligibility for benefits pursuant to Section 22134.5, 24203.5, or 24203.6 also includes up to two-tenths of one year of service granted pursuant to Section 22717.

(c) (1) The board shall determine a date based on when the system has the capacity to implement the changes made by the act that added this subdivision. The date determined by the board shall be posted on the internet website of the system no later than July 1, 2027.

(2) This section shall become operative on the date determined by the board pursuant to paragraph (1).

history: (History: Repealed (in Sec. 10) and added by Stats. 2024, Ch. 690, Sec. 11. (AB 1997) Effective January 1, 2025. Conditionally operative as prescribed by its own provisions.)

title: 1. GENERAL EDUCATION CODE PROVISIONS


text: “Custodian” as used in Section 22359, means any bank or trust company that serves as custodian for safekeeping, delivery, securities valuation, investment performance reporting, and other services in connection with investment of the fund.

history: (History: Amended by Stats. 1996, Ch. 634, Sec. 11. Effective January 1, 1997.)

title: 1. GENERAL EDUCATION CODE PROVISIONS


text: “Death payment” means the amount payable upon the death of a member pursuant to Section 23801, 23851, or 23880.

history: (History: Added by Stats. 1996, Ch. 634, Sec. 12. Effective January 1, 1997.)

title: 1. GENERAL EDUCATION CODE PROVISIONS


text: “Defined Benefit Program” means the Defined Benefit Program provided in the State Teachers’ Retirement Plan as set forth in this part.

history: (History: Amended by Stats. 1998, Ch. 1048, Sec. 3. Effective January 1, 1999.)

title: 1. GENERAL EDUCATION CODE PROVISIONS


text: “Defined Benefit Supplement contributions” means member contributions and employer contributions that are credited by the system to the member’s Defined Benefit Supplement account pursuant to Section 25004.

history: (History: Added by Stats. 2000, Ch. 74, Sec. 10. Effective January 1, 2001.)

title: 1. GENERAL EDUCATION CODE PROVISIONS


text:
(a) “Dependent child” or “dependent children” under the disability allowance and family allowance programs means a member’s unmarried offspring or stepchild who is under 22 years of age and who is financially dependent upon the member on the effective date of the member’s disability allowance or the date of the member’s death.

(b) “Offspring” shall include the member’s child who is born within the 10-month period commencing on the earlier of the member’s disability allowance effective date or the date of the member’s death.

(c) “Offspring” shall include a child adopted by the member.

(d) “Dependent child” shall not include the member’s offspring or stepchild who is adopted by a person other than the member’s spouse.

(e) “Dependent child” under the family allowance program shall not include:

(1) The member’s offspring or stepchild who was financially dependent on the member on the date of the member’s death if a disability allowance was payable to the member prior to his or her death and the disability allowance did not include an amount payable for that offspring or stepchild.

(2) A stepchild or adopted child acquired subsequent to the death of the member.

(f) “Financially dependent” for purposes of this section means that at least one-half of the child’s support was being provided by the member on the member’s disability allowance effective date or the date of the member’s death. The system may require that income tax records or other data be submitted to substantiate the child’s financial dependence. In the absence of substantiating documentation, the system may determine that the child was not dependent on the effective date of the member’s disability allowance or the date of the member’s death.

(g) “Member” as used in this section shall have the same meaning specified in Section 23800.

history: (History: Amended by Stats. 2006, Ch. 655, Sec. 4. Effective January 1, 2007.)

title: 1. GENERAL EDUCATION CODE PROVISIONS


text:
(a) “Dependent child” or “dependent children” under the disability retirement and survivor benefit allowance programs means a member’s offspring or stepchild who is under 21 years of age and who is financially dependent upon the member on the effective date of the member’s disability retirement or the date of the member’s death.

(b) “Offspring” shall include the member’s child who is born within the 10-month period commencing on the earlier of the member’s disability retirement effective date or the date of the member’s death.

(c) “Offspring” shall include a child adopted by the member.

(d) “Dependent child” shall not include the member’s offspring or stepchild who is adopted by a person other than the member’s spouse.

(e) “Dependent child” under the survivor benefit allowance program shall not include a stepchild or adopted child acquired subsequent to the death of the member.

(f) “Financially dependent” for purposes of this section means that at least one-half of the child’s support was being provided by the member on the member’s disability retirement effective date or the date of the member’s death. The system may require that income tax records or other data be submitted to substantiate the child’s financial dependence. In the absence of substantiating documentation, the system may determine that the child was not dependent on the effective date of the member’s disability retirement or the date of the member’s death.

(g) “Member” as used in this section shall have the same meaning specified in Section 23850.

history: (History: Amended by Stats. 2006, Ch. 655, Sec. 5. Effective January 1, 2007.)

title: 1. GENERAL EDUCATION CODE PROVISIONS


text: “Dependent parent” means a natural parent of a member, or a parent who adopted the member prior to the earlier of the occurrence of the member’s marriage or his or her attaining 18 years of age, and who was receiving one-half or more of his or her support from the member at the time of the member’s death.

history: (History: Amended by Stats. 1996, Ch. 634, Sec. 14. Effective January 1, 1997.)

title: 1. GENERAL EDUCATION CODE PROVISIONS


text: “Disability” or “disabled” means any medically determinable physical or mental impairment that is permanent or that can be expected to last continuously for at least 12 months, measured from the onset of the disability, but no earlier than the day following the last day of actual performance of service that prevents a member from performing the member’s usual duties for the member’s employer, the member’s usual duties for the member’s employer with reasonable modifications, or the duties of a comparable level position for which the member is qualified or can become qualified within a reasonable period of time by education, training, or experience. Any impairment from a willful self-inflicted injury shall not constitute a disability.

history: (History: Amended by Stats. 2010, Ch. 207, Sec. 2. (AB 2260) Effective January 1, 2011.)

title: 1. GENERAL EDUCATION CODE PROVISIONS


text: “Disability allowance” means the amount payable to a disabled member on a monthly basis.

history: (History: Amended by Stats. 1996, Ch. 634, Sec. 17. Effective January 1, 1997.)

title: 1. GENERAL EDUCATION CODE PROVISIONS


text: “Disability benefit” means the amount payable under the Defined Benefit Supplement Program based on the balance of credits in a member’s Defined Benefit Supplement account to either a disabled member pursuant to Section 24005 or to a member who retired for disability pursuant to Section 24105.

history: (History: Added by Stats. 2000, Ch. 74, Sec. 11. Effective January 1, 2001.)

title: 1. GENERAL EDUCATION CODE PROVISIONS


text: “Early retirement” and “early retirement age” mean the age of 55 years, which is the age upon attainment of which the member becomes eligible under the Defined Benefit Program for a service retirement allowance with reduction because of age and without special qualifications.

history: (History: Amended by Stats. 2000, Ch. 1025, Sec. 2. Effective January 1, 2001.)

title: 1. GENERAL EDUCATION CODE PROVISIONS


text: “Educational institution” means any accredited public or private institution whose primary purpose is to provide classroom teaching and includes a high school, trade or vocational school or college, community college, or other college or university.

history: (History: Amended by Stats. 1996, Ch. 634, Sec. 19. Effective January 1, 1997.)

title: 1. GENERAL EDUCATION CODE PROVISIONS


text: “Effective date” means the date upon which the benefit becomes payable.

history: (History: Amended by Stats. 1996, Ch. 634, Sec. 20. Effective January 1, 1997.)

title: 1. GENERAL EDUCATION CODE PROVISIONS


text:
(a) (1) “Employer” or “employing agency” means the state or any agency or political subdivision thereof, including, but not limited to, a joint powers authority, for which creditable service subject to coverage by the plan is performed.

(2) In the case of a joint powers authority, all of the following criteria shall be met:

(A) The joint powers authority shall be formed pursuant to the Joint Exercise of Powers Act (Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code).

(B) All entities included in the joint powers authority shall be entities at which creditable service subject to coverage by the plan is performed.

(C) The joint powers authority shall report through a single county office of education, with that county superintendent having responsibility for activities specified under this part, including but not limited to, reporting and remitting contributions.

(b) This section shall be administered in compliance with the requirements defining a governmental plan set forth in Section 414(d) of the Internal Revenue Code of 1986 (26 U.S.C. Sec. 414(d)).

(c) The board shall have final authority for determining an “employer” or “employing agency” for purposes of this part and Part 13.5 (commencing with Section 25900).

history: (History: Amended by Stats. 2025, Ch. 239, Sec. 2. (SB 853) Effective January 1, 2026.)

title: 1. GENERAL EDUCATION CODE PROVISIONS


text: “Employed” or “employment” means employment to perform creditable service subject to coverage under the Defined Benefit Program or the Defined Benefit Supplement Program, except as otherwise specifically provided under this part.

history: (History: Amended by Stats. 2000, Ch. 74, Sec. 12. Effective January 1, 2001.)

title: 1. GENERAL EDUCATION CODE PROVISIONS


text: “Exclusive representative” means an exclusive representative as defined in subdivision (e) of Section 3540.1 of the Government Code.

history: (History: Added by Stats. 2022, Ch. 754, Sec. 1. (AB 1667) Effective January 1, 2023.)

title: 1. GENERAL EDUCATION CODE PROVISIONS


text: “Family allowance” means amounts payable to eligible survivors provided pursuant to Chapter 22 (commencing with Section 23800) after June 30, 1972.

history: (History: Repealed and added by Stats. 1994, Ch. 933, Sec. 3. Effective September 28, 1994.)

title: 1. GENERAL EDUCATION CODE PROVISIONS


text: “Final benefit” means the amount payable to a beneficiary under the Defined Benefit Supplement Program upon the death of the member.

history: (History: Added by Stats. 2000, Ch. 74, Sec. 13. Effective January 1, 2001.)

title: 1. GENERAL EDUCATION CODE PROVISIONS


text:
(a) “Final compensation” means the highest average annual compensation earnable, as defined by Section 22115, by a member during any period of 36 consecutive months of service while an active member of the Defined Benefit Program or time during which he or she was not a member but for which the member has received credit under the Defined Benefit Program, except time that was so credited for service performed outside this state prior to July 1, 1944.

(b) For purposes of this section, periods of service separated by breaks in service or by periods in which a member’s salary was reduced because of a reduction in school funds as certified by the employer may be aggregated, if the periods of service are consecutive except for the breaks or periods of salary reduction.

(c) The following shall be considered periods of service for the purpose of determining final compensation:

(1) The full pay period if the member earns creditable compensation within that pay period, but not beyond the benefit effective date except as provided in paragraph (3).

(2) The months of the school year preceding the school term if the member earns creditable compensation during the first pay period of that school term.

(3) The months of the school year following the school term if the member earns creditable compensation during the last pay period of that school term.

(4) Any period that is excluded from the school term if a member earns creditable compensation during the pay periods immediately preceding and immediately following the excluded period.

(d) For purposes of determining the final compensation of a member who is eligible for concurrent retirement as defined in Section 22115.5, the compensation a person could earn for services rendered on a full-time basis under a retirement system with which the member has concurrent membership, as defined in Section 22115.2, shall be considered compensation earnable, provided that both of the following exist:

(1) The compensation under the other system was not earned during the periods of service determined pursuant to subdivision (c) under the Defined Benefit Program.

(2) Retirement for service under the Defined Benefit Program is concurrent with the member’s retirement for service under the other system pursuant to Section 22115.5.

(e) The creditable compensation for the first school year in which a member earned creditable compensation shall be used when additional months of creditable compensation are required for the purpose of determining final compensation.

(f) If a member has received service credit for part-time service performed prior to July 1, 1956, the member’s final compensation shall be adjusted for that service in excess of one year by the ratio that part-time service bears to full-time service.

(g) For purposes of calculating a benefit that does not include service credit, final compensation shall be the highest average annual creditable compensation earned by a member during any period of 36 consecutive months of service, excluding compensation for which contributions are credited to the Defined Benefit Supplement Program. Final compensation determined pursuant to this subdivision shall not exceed the amount determined pursuant to subdivision (a).

(h) The amendment of former Section 22127 made by Chapter 782 of the Statutes of 1982 does not constitute a change in, but is declaratory of, the existing law.

history: (History: Amended by Stats. 2018, Ch. 416, Sec. 3. (SB 1165) Effective January 1, 2019.)

title: 1. GENERAL EDUCATION CODE PROVISIONS


text:
(a) Notwithstanding Section 22134, “final compensation” means the highest average annual compensation earnable, as defined in Section 22115, by a member during any period of 12 consecutive months of service while an active member of the Defined Benefit Program or time during which he or she was not a member but for which the member has received credit under the Defined Benefit Program, except time that was so credited for service performed outside this state prior to July 1, 1944.

(b) For purposes of this section, periods of service separated by breaks in service may be aggregated, if the periods of service are consecutive except for the breaks.

(c) The following shall be considered periods of service for the purpose of determining final compensation:

(1) The full pay period if the member earns creditable compensation within that pay period, but not beyond the benefit effective date except as provided in paragraph (3).

(2) The months of the school year preceding the school term if the member earns creditable compensation during the first pay period of that school term.

(3) The months of the school year following the school term if the member earns creditable compensation during the last pay period of that school term.

(4) Any period that is excluded from the school term if a member earns creditable compensation during the pay periods immediately preceding and immediately following the excluded period.

(d) For purposes of determining the final compensation of a member who is eligible for concurrent retirement as defined in Section 22115.5, the compensation a person could earn for services rendered on a full-time basis under a retirement system with which the member has concurrent membership, as defined in Section 22115.2, shall be considered compensation earnable, provided that both of the following exist:

(1) The compensation under the other system was not earned during the periods of service determined pursuant to subdivision (c) under the Defined Benefit Program.

(2) Retirement for service under the Defined Benefit Program is concurrent with the member’s retirement for service under the other system pursuant to Section 22115.5.

(e) If a member has received service credit for part-time service performed prior to July 1, 1956, the member’s final compensation shall be adjusted for that service in excess of one year by the ratio that part-time service bears to full-time service.

(f) For purposes of calculating a benefit that does not include service credit, final compensation shall be the highest average annual creditable compensation earned by a member during any period of 12 consecutive months of service, excluding compensation for which contributions are credited to the Defined Benefit Supplement Program. Final compensation determined pursuant to this subdivision shall not exceed the amount determined pursuant to subdivision (a).

(g) This section shall apply to the following:

(1) A member who has 25 or more years of credited service, excluding service credited pursuant to the following:

(A) Section 22714.

(B) Section 22715.

(C) Section 22717, except as provided in subdivision (c) of Section 22121.

(D) Section 22826.

(2) A nonmember spouse, if the member had 25 or more years of credited service, as calculated in paragraph (1), on the date the parties separated, as established in the judgment or court order pursuant to Section 22652.

(3) This section shall not apply to a member subject to the California Public Employees’ Pension Reform Act of 2013.

history: (History: Amended by Stats. 2018, Ch. 416, Sec. 4. (SB 1165) Effective January 1, 2019.)

title: 1. GENERAL EDUCATION CODE PROVISIONS


text:
(a) Notwithstanding subdivision (a) of Section 22134, “final compensation” means the highest average annual compensation earnable, as defined by Section 22115, by an active member who is a classroom teacher not subject to the California Public Employees’ Pension Reform Act of 2013 and who retires, becomes disabled, or dies, after June 30, 1990, during any period of 12 consecutive months while an active member of the Defined Benefit Program.

(b) Section 22134, except subdivision (a) of that section, shall apply to classroom teachers who retire after June 30, 1990, and any statutory reference to Section 22134 or “final compensation” with respect to a classroom teacher who retires, becomes disabled, or dies, after June 30, 1990, shall be deemed to be a reference to this section.

(c) As used in this section, “classroom teacher” means any of the following:

(1) All teachers and substitute teachers in positions requiring certification qualifications who spend, during the last 10 years of their employment with the same employer which immediately precedes their retirement, 60 percent or more of their contract time each year providing direct instruction. For the purpose of determining continuity of employment within the meaning of this subdivision, an authorized leave of absence for sabbatical or illness or other collectively bargained or employer-approved leaves shall not constitute a break in service.

(2) Other certificated personnel who spend, during the last 10 years of their employment with the same employer that immediately precedes their retirement, 60 percent or more of their contract time each year providing direct services to pupils, including, but not limited to, librarians, counselors, nurses, speech therapists, resource specialists, audiologists, audiometrists, hygienists, optometrists, psychologists, driver safety instructors, and personnel on special assignment to perform school attendance and adjustment services.

(d) As used in this section, “classroom teacher” does not include any of the following:

(1) Certificated employees whose job descriptions require an administrative credential.

(2) Certificated employees whose job descriptions include responsibility for supervision of certificated staff.

(3) Certificated employees who serve as advisers, coordinators, consultants, or developers or planners of curricula, instructional materials, or programs, who spend, during the last 10 years of their employment with the same employer that immediately precedes their retirement, less than 60 percent of their contract time in direct instruction.

(4) Certificated employees whose job descriptions require provision of direct instruction or services, but who are functioning in nonteaching assignments.

(5) Classified employees.

(e) This section shall apply only to teachers employed by an employer that has, pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, entered into, extended, renewed, or amended a written agreement with an exclusive representative, prior to January 1, 2014, that makes this section applicable to all of its classroom teachers, as defined in subdivision (c).

(f) The written agreement shall include a mechanism to pay for all increases in allowances provided for by this section through employer contributions or employee contributions or both, which shall be collected and retained by the employer in a trust fund to be used solely and exclusively to pay the system for all increases in allowances provided by this section and related administrative costs; and a mechanism for disposition of the employee’s contributions if employment is terminated before retirement, and for the establishment of a trust fund board. The trust fund board shall administer the trust fund and shall be composed of an equal number of members representing classroom teachers chosen by the bargaining agent and the employer. If the employer agrees to pay the total cost of increases in allowances, the establishment of a trust fund and a trust fund board shall be optional to the employer. The employer, within 30 days of receiving an invoice from the system, shall reimburse the retirement fund the amount determined by the Teachers’ Retirement Board to be the actuarial equivalent of the difference between the allowance the member or beneficiary receives pursuant to this section and the allowance the member or beneficiary would have received if the member’s final compensation had been computed under Section 22134 and the proportionate share of the cost to the plan’s Defined Benefit Program, as determined by the Teachers’ Retirement Board, of administering this section. The payment shall include the cost of all increases in allowances provided for by this section for all years of service credited to the member as of the benefit effective date. Interest shall be charged at the regular interest rate for any payment not received within 30 days of receipt of the invoice. Payments not received within 30 days after receipt of the invoice may be collected pursuant to Section 23007.

(g) Upon the execution of the agreement, the employer shall notify all certificated employees of the agreement and any certificated employee of the employer, who is a member of the Public Employees’ Retirement System pursuant to Section 22508, that he or she may, within 60 days following the date of notification, elect to terminate his or her membership in the Public Employees’ Retirement System and become a member of this plan’s Defined Benefit Program. However, only service credited under the Defined Benefit Program subsequent to the date of that election shall be subject to this section.

(h) An employer that agrees to become subject to this section, shall, on a form and within the timeframes prescribed by the system, certify the applicability of this section to a member pursuant to the criteria set forth in this section when a retirement, disability, or family allowance becomes payable.

(i) For a nonmember spouse, final compensation shall be determined pursuant to paragraph (5) of subdivision (c) of Section 22664. The employer, within 30 days of receiving an invoice from the system, shall reimburse the retirement fund pursuant to subdivision (f). Interest shall be charged at the regular interest rate for payments not received within the prescribed timeframe. Payments not received within 30 days of invoicing may be collected pursuant to Section 23007.

history: (History: Amended by Stats. 2014, Ch. 755, Sec. 13. (SB 1220) Effective January 1, 2015.)

title: 1. GENERAL EDUCATION CODE PROVISIONS


text: With respect to a state employee member who dies or retires on or after July 1, 1991, and who was a managerial or supervisory employee, as defined by subdivisions (e) and (g) of Section 3513 of the Government Code, whose monthly salary range was administratively reduced by 5 percent because of the salary range reductions administratively imposed upon managers and supervisors during the 1991–92 fiscal year, “final compensation” means the highest annual compensation the state employee member would have earned had his or her salary range not been reduced by the 5-percent reduction. This section shall only apply if the period during which the state member’s salary was reduced would have otherwise been included in determining his or her final compensation for retirement purposes. The costs, if any, that may result from the use of the higher final compensation shall be paid for by the employer at the time of retirement in a manner prescribed by the system.

title: 1. GENERAL EDUCATION CODE PROVISIONS


text: “Final vesting” means the right of a member or a beneficiary to receive a monthly retirement allowance, disability allowance, a family benefit, or survivor benefits when the member has completed the minimum number of years of credited service, has attained the minimum specified age, has formally terminated his or her active service, has made application for retirement, or has been formally retired in accordance with Section 24201, after which the kind and amount of the retirement allowance is fixed and cannot thereafter be changed except as provided in this part.

title: 1. GENERAL EDUCATION CODE PROVISIONS


text:
(a) (1) “Full time” means the days or hours of creditable service the employer requires to be performed by a class of employees in a school term in order to earn the annualized pay rate as defined in Section 22104.8 and specified under the terms of a collective bargaining agreement or employment agreement. For the purpose of crediting service under this part, “full time” may not be less than the minimum standard specified in this section. Each collective bargaining agreement or employment agreement that applies to a member subject to the minimum standard specified in either paragraph (5) or (6) of subdivision (c) shall specify the number of hours of creditable service that equals “full time” pursuant to this section for each class of employee subject to either paragraph and make specific reference to this section, and the district shall submit a copy of the agreement to the system.

(2) The copies of each agreement shall be submitted electronically in a format determined by the system that ensures the security of the transmitted member data.

(3) The copies shall be electronically submitted annually to the system on or before July 1, or on or before the effective date of the agreement, whichever is later.

(b) The minimum standard for full time in prekindergarten through grade 12 is as follows:

(1) One hundred seventy-five days per school term or 1,050 hours per school term, except as provided in paragraphs (2) and (3).

(2) (A) One hundred ninety days per school term, or 1,520 hours per school term for all principals and program managers, including advisers, coordinators, consultants, and developers or planners of curricula, instructional materials, or programs, and for administrators, except as provided in subparagraph (B).

(B) Two hundred fifteen days per school term or 1,720 hours per school term including school and legal holidays pursuant to the policy adopted by the employer’s governing board for administrators at a county office of education.

(3) One thousand fifty hours per school term for teachers in adult education programs.

(c) The minimum standard for full time in community colleges is as follows:

(1) One hundred seventy-five days per school term or 1,050 hours per school term, except as provided in paragraphs (2), (3), (4), (5), and (6). Full time includes time for duties the employer requires to be performed as part of the full-time assignment for a particular class of employees.

(2) One hundred ninety days per school term or 1,520 hours per school term for all program managers and for administrators, except as provided in paragraph (3).

(3) Two hundred fifteen days per school term or 1,720 hours per school term including school and legal holidays pursuant to the policy adopted by the employer’s governing board for administrators at a district office.

(4) One hundred seventy-five days per school term or 1,050 hours per school term for all counselors and librarians.

(5) Five hundred twenty-five instructional hours per school term for all instructors employed on a part-time basis, except instructors specified in paragraph (6). If an instructor receives compensation for office hours pursuant to Article 10 (commencing with Section 87880) of Chapter 3 of Part 51 of Division 7 of Title 3, the minimum standard shall be increased appropriately by the number of office hours required annually for the class of employees.

(6) Eight hundred seventy-five instructional hours per school term for all instructors employed in adult education programs. If an instructor receives compensation for office hours pursuant to Article 10 (commencing with Section 87880) of Chapter 3 of Part 51 of Division 7 of Title 3, the minimum standard shall be increased appropriately by the number of office hours required annually for the class of employees.

(d) The board has final authority to determine full time for purposes of crediting service under this part if full time is not otherwise specified in this section.

(e) This section shall become operative on July 1, 2013.

history: (History: Amended by Stats. 2019, Ch. 96, Sec. 6. (AB 644) Effective January 1, 2020.)

title: 1. GENERAL EDUCATION CODE PROVISIONS


text: “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 in that part-time position.

history: (History: Amended by Stats. 2018, Ch. 416, Sec. 6. (SB 1165) Effective January 1, 2019.)

title: 1. GENERAL EDUCATION CODE PROVISIONS


text:
“Gain and Loss Reserve” means a segregated account within the retirement fund that is established and maintained to do either of the following:

(a) Credit interest to members’ Defined Benefit Supplement accounts at the minimum interest rate for plan years in which the board determines that the obligation cannot be met from the plan’s investment earnings with respect to the Defined Benefit Supplement Program.

(b) Provide additions to the Annuitant Reserve to meet the plan’s obligation for annuities payable under the Defined Benefit Supplement Program.

history: (History: Added by Stats. 2000, Ch. 74, Sec. 14. Effective January 1, 2001.)

title: 1. GENERAL EDUCATION CODE PROVISIONS


text:
(a) “Improvement factor,” with respect to the Defined Benefit Program, means an increase of 2 percent in monthly allowances. The improvement factor shall be added to a monthly allowance each year on September 1, commencing on September 1 following the first anniversary of the effective date of retirement, or the date on which the monthly allowance commenced to accrue to any beneficiary, or other periods specifically stated in this part.

(b) The improvement factor may not be compounded nor shall it be applicable to annuities payable from the accumulated annuity deposit contributions or the accumulated tax-sheltered annuity contributions.

(c) Beginning July 1, 2014, the improvement factor shall vest for an active member in any calendar year in which active members paid increased member contributions pursuant to Section 22901.7.

(d) If, for any reason, the increased employee contribution referenced in subdivision (c), and as required by subdivisions (a) and (b) of Section 22901.7, ceases to be legally required to be made pursuant to the act that added this subdivision, then the Legislature reserves the right to adjust the amount of the improvement factor up or down as the economic conditions dictate for all members who retire on or after January 1, 2014. No adjustments of the improvement factor shall reduce the monthly retirement allowance or benefit below that which would be payable to the recipient under this part had this section not been enacted.

(e) For members who retired before the calendar year in which Section 22901.7 was added the Legislature reserves the right to adjust the amount of the improvement factor up or down as economic conditions dictate. Any adjustment of the improvement factor may not reduce the monthly retirement allowance or annuity below that which would be payable to the recipient under this part had this section not been enacted.

history: (History: Amended by Stats. 2014, Ch. 47, Sec. 2. (AB 1469) Effective June 24, 2014. Amending action may become inoperative under conditions prescribed by Stats. 2014, Ch. 47, Sec. 13, subd. (b).)

title: 1. GENERAL EDUCATION CODE PROVISIONS


text:
(a) Notwithstanding Section 22140, “improvement factor” means an increase of 2 percent in benefits provided under Sections 24408 and 24409 for each year commencing September 1, 1981, and under Section 24410.5 for each year commencing September 1, 2001, and under Sections 24410.6 and 24410.7 for each year commencing September 1, 2002. The improvement factor shall not be compounded nor shall it be applicable to annuities payable from the accumulated annuity deposit contributions or the accumulated tax-sheltered annuity contributions. The Legislature reserves the right to adjust the amount of the improvement factor up or down as the economic conditions dictate. No adjustments of the improvement factor shall reduce the monthly retirement allowance or benefit below that which would be payable to the recipient under this part had this section not been enacted.

(b) Beginning July 1, 2014, the improvement factor shall vest for an active member in any calendar year in which active members paid increased member contributions pursuant to Section 22901.7.

(c) If, for any reason, the increased employee contribution referenced in subdivision (b), and as required by subdivisions (a) and (b) of Section 22901.7, ceases to be legally required to be made pursuant to the act that added this subdivision, then the Legislature reserves the right to adjust the amount of the improvement factor up or down as the economic conditions dictate for all members who retire on or after January 1, 2014. No adjustments of the improvement factor shall reduce the monthly retirement allowance or benefit below that which would be payable to the recipient under this part had this section not been enacted.

(d) For members who retired before the calendar year in which Section 22901.7 was added, the Legislature reserves the right to adjust the amount of the improvement factor up or down as the economic conditions dictate. No adjustments of the improvement factor shall reduce the monthly retirement allowance or benefit below that which would be payable to the recipient under this part had this section not been enacted.

history: (History: Amended by Stats. 2015, Ch. 123, Sec. 5. (AB 991) Effective January 1, 2016.)

title: 1. GENERAL EDUCATION CODE PROVISIONS


text: “Indexed final compensation” means final compensation upon which a disability allowance or disability retirement allowance was based, adjusted annually from the school year in which an allowance begins to accrue by the rate of change in the average compensation earnable as determined by the board.

title: 1. GENERAL EDUCATION CODE PROVISIONS


text: “Investment manager” and “investment adviser” mean any person, firm, or custodian referred to in Section 22359, either appointed by or under contract with the board to engage in investment transactions or to manage or advise in the management of the assets of the Teachers’ Retirement Fund with respect to the Defined Benefit Program under this part and the Cash Balance Benefit Program under Part 14 (commencing with Section 26000).

history: (History: Amended by Stats. 1998, Ch. 965, Sec. 6.5. Effective January 1, 1999.)

title: 1. GENERAL EDUCATION CODE PROVISIONS


text: “Investment transactions” means investment services of an asset management or investment advisory nature and may include advisory services, research material, trading assistance, trading expenses, discretionary management of funds of the plan upon approval by the board, acquisition of equipment to be used as part of the investment function, services that provide a recommended course of action or personal expertise, investment-related legal expenses, investment-related contracting expenses, or custodian services referred to in Section 22359.

history: (History: Amended by Stats. 1996, Ch. 634, Sec. 25. Effective January 1, 1997.)

title: 1. GENERAL EDUCATION CODE PROVISIONS


text:
(a) “Leave of absence” means a period of leave to which a member is entitled that is expressly authorized or required by Chapter 4 (commencing with Section 44800) of Part 25 of Division 3 of Title 2, or Chapter 1 (commencing with Section 87000) or Chapter 3 (commencing with Section 87400) of Part 51 of Division 7 of Title 3.

(b) “Leave of absence” also means employer-approved compensated leave that is excluded under subdivision (a) that was or is taken on or after January 1, 2016.

(c) Remuneration that is paid for an employer-approved compensated leave is creditable compensation pursuant to Sections 22119.2 and 22119.3.

history: (History: Amended by Stats. 2020, Ch. 275, Sec. 3. (AB 2101) Effective January 1, 2021.)

title: 1. GENERAL EDUCATION CODE PROVISIONS


text: “Liability gains and losses” means the difference between actual noninvestment related experience and the experience expected based upon a set of noninvestment related actuarial assumptions during the period between two actuarial valuation dates, as determined in accordance with assumptions adopted by the board pursuant to Section 22311.5.

history: (History: Added by Stats. 2000, Ch. 1021, Sec. 6. Effective January 1, 2001.)

title: 1. GENERAL EDUCATION CODE PROVISIONS


text: “Local system” means any retirement system, exclusive of this system, in which public school teachers are members, operated by a city, county, or other political subdivision of the state.

title: 1. GENERAL EDUCATION CODE PROVISIONS


text:
“Member” means any person, unless excluded under other provisions of this part, who has performed creditable service as defined in Section 22119.5 or 22119.6 and has earned creditable compensation for that service and has not received a refund for that service and, as a result, is subject to the Defined Benefit Program. A member’s rights and obligations under this part with respect to the Defined Benefit Program shall be determined by the applicability of subdivision (a), (b), (c), or (d), and subject to any applicable exceptions under other provisions of this part.

(a) An active member is a member who is not retired or disabled and who earns creditable compensation during the school year.

(b) An inactive member is a member who is not retired or disabled and who has not earned creditable compensation during the current or preceding school year.

(c) A disabled member is a member to whom a disability allowance is payable under Chapter 25 (commencing with Section 24001).

(d) A retired member is a member who has terminated employment and has retired for service under the provisions of Chapter 27 (commencing with Section 24201), or has retired for disability under the provisions of Chapter 26 (commencing with Section 24100) or retired for service or disability under the provisions of Chapter 21 (commencing with Section 23400), and to whom a retirement allowance is therefore payable.

history: (History: Amended by Stats. 2015, Ch. 782, Sec. 6. (AB 963) Effective January 1, 2016.)

title: 1. GENERAL EDUCATION CODE PROVISIONS


text:
(a) Notwithstanding subdivision (f) of Section 7522.04 of the Government Code, “member subject to the California Public Employees’ Pension Reform Act of 2013” means a person who first becomes employed to perform creditable service subject to coverage under the Defined Benefit Program on or after January 1, 2013.

(b) A member 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, a county retirement system 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 Defined Benefit Program.

(c) This section shall be deemed to have become operative on January 1, 2013.

history: (History: Added by Stats. 2013, Ch. 559, Sec. 9. (AB 1381) Effective January 1, 2014. Deemed operative January 1, 2013, by Sec. 1 of Ch. 559.)

title: 1. GENERAL EDUCATION CODE PROVISIONS


text: “Membership” means membership in the Defined Benefit Program, except as otherwise specifically provided in this part. The board shall have final authority for determining membership in the system, considering the conditions under which persons may be admitted to and receive benefits from the system.

history: (History: Amended by Stats. 2025, Ch. 239, Sec. 3. (SB 853) Effective January 1, 2026.)

title: 1. GENERAL EDUCATION CODE PROVISIONS


text: “Minimum interest rate” means the annual interest rate determined by the board by plan amendment at which interest shall be credited to Defined Benefit Supplement accounts for a plan year.

history: (History: Added by Stats. 2000, Ch. 74, Sec. 16. Effective January 1, 2001. See identical section added by Stats. 2000, Ch. 1021.)

title: 1. GENERAL EDUCATION CODE PROVISIONS


text:
(a) “Month” means 20 working days or four weeks of five working days each, including legal holidays, with respect to the computation and crediting of service.

(b) “Month,” for all other purposes, means a period commencing on any day of a calendar month and extending through the day preceding the corresponding day of the succeeding calendar month, if there is any such corresponding day, and if not, through the last day of the succeeding calendar month.

history: (History: Amended by Stats. 1998, Ch. 965, Sec. 9. Effective January 1, 1999.)

title: 1. GENERAL EDUCATION CODE PROVISIONS


text: “Nonqualified service” means any time during which a member did not perform creditable service subject to coverage by the plan. Nonqualified service shall not include time for which the member is eligible to purchase credit pursuant to Chapter 14 (commencing with Section 22800), Chapter 14.2 (commencing with Section 22820), or Chapter 14.5 (commencing with Section 22850).

history: (History: Amended by Stats. 2000, Ch. 1025, Sec. 6. Effective January 1, 2001.)

title: 1. GENERAL EDUCATION CODE PROVISIONS


text: “Normal retirement” and “normal retirement age” mean 60 years of age, or 62 years of age for a member subject to the California Public Employees’ Pension Reform Act of 2013, which is the age upon attainment of which the member becomes eligible under the Defined Benefit Program for a service retirement allowance without reduction because of age and without special qualifications.

history: (History: Amended by Stats. 2013, Ch. 559, Sec. 10. (AB 1381) Effective January 1, 2014. Deemed operative January 1, 2013, by Sec. 1 of Ch. 559.)

title: 1. GENERAL EDUCATION CODE PROVISIONS


text:
(a) “Option beneficiary” means the person or trust designated by a member to receive a retirement allowance under the Defined Benefit Program upon the member’s death.

(b) For purposes of this section, “trust” means an irrevocable trust with the following characteristics:

(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) The trust satisfies the requirements of Section 1.401(a)(9)-4 of Title 26 of the Code of Federal Regulations.

(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) The beneficiary of the trust who is beneficiary with respect to the trust’s interest in the member’s benefit shall be considered the designated option beneficiary for the purpose of determining eligibility for, and the amount and duration of, benefits under the plan.

history: (History: Amended by Stats. 2016, Ch. 559, Sec. 2. (AB 1875) Effective January 1, 2017.)

title: 1. GENERAL EDUCATION CODE PROVISIONS


text:
“Other public systems” means any of the following:

(a) Old age, survivors, disability, and health insurance program, other than the lump-sum death payment, provided by the Social Security Act (42 U.S.C.A. Sec. 300 and following).

(b) The federal civil service retirement program.

(c) Federal military disability.

(d) Railroad retirement.

(e) A workers’ compensation program.

(f) Federal railroad retirement.

(g) Any other public retirement system, including, but not limited to, any disability programs financed from public funds.

history: (History: Repealed and added by Stats. 1994, Ch. 933, Sec. 3. Effective September 28, 1994.)

title: 1. GENERAL EDUCATION CODE PROVISIONS


text: “Parent” means a natural parent of a member or a parent who adopted the member prior to his or her attainment of 18 years of age or to the member’s marriage, whichever occurs earlier.

title: 1. GENERAL EDUCATION CODE PROVISIONS


text: “Pay period” means a payroll period of not less than four weeks or more than one calendar month.

history: (History: Amended by Stats. 1998, Ch. 965, Sec. 11. Effective January 1, 1999.)

title: 1. GENERAL EDUCATION CODE PROVISIONS


text: “Payroll” includes registers, warrants, and any other documents upon which the employer identifies persons to whom compensation is paid.

history: (History: Amended by Stats. 1997, Ch. 482, Sec. 5. Effective January 1, 1998.)

title: 1. GENERAL EDUCATION CODE PROVISIONS


text: “Plan” means the State Teachers’ Retirement Plan.

history: (History: Amended by Stats. 1998, Ch. 1048, Sec. 4. Effective January 1, 1999.)

title: 1. GENERAL EDUCATION CODE PROVISIONS


text: “Plan vesting,” with respect to benefits payable under the Defined Benefit Program, means the member has met the credited service requirement for receipt of a benefit, and has a right to receive the benefit at a future date provided all other conditions required to receive the benefit are also met.

history: (History: Amended by Stats. 2000, Ch. 1025, Sec. 10. Effective January 1, 2001.)

title: 1. GENERAL EDUCATION CODE PROVISIONS


text: “Present value,” for purposes of Section 22718, means the amount of money needed on the effective date of retirement to reimburse the system for the actuarially determined cost of the portion of a member’s retirement allowance attributable to unused excess sick leave days. The present value on the effective date of retirement shall equal the number of unused excess sick leave days divided by the number of base days, as defined in Section 22106.2, multiplied by the prior year’s compensation earnable multiplied by the present value factor.

history: (History: Amended by Stats. 2020, Ch. 275, Sec. 5. (AB 2101) Effective January 1, 2021.)

title: 1. GENERAL EDUCATION CODE PROVISIONS


text: “Present value factor,” for purposes of Section 22156.1, means an overall average rate based upon the demographics of members who recently retired under the Defined Benefit Program and regular interest that shall determine present value on the effective date of retirement.

history: (History: Added by Stats. 1999, Ch. 939, Sec. 19. Effective January 1, 2000.)

title: 1. GENERAL EDUCATION CODE PROVISIONS


text: “Plan year” means the period of time beginning on July 1 of one calendar year and ending on June 30 of the following calendar year. For purposes of the Defined Benefit Supplement Program, the board shall designate by plan amendment the initial plan year.

history: (History: Added by Stats. 2000, Ch. 74, Sec. 17. Effective January 1, 2001.)

title: 1. GENERAL EDUCATION CODE PROVISIONS


text: “Prior year’s compensation earnable” means the compensation earnable for the most recent school year in which the member earned service credit that precedes the last school year in which the member earned service credit.

history: (History: Added by Stats. 1999, Ch. 939, Sec. 20. Effective January 1, 2000.)

title: 1. GENERAL EDUCATION CODE PROVISIONS


text:
(a) Except as otherwise provided under this part, “position subject to membership” means the following:

(1) A position at a county office of education or school district, not including a charter school, that the governing body of the employer has designated in a resolution adopted at a public meeting as a position subject to membership for which the employer requires the holding of a valid credential, license, or certificate authorized by the Commission on Teacher Credentialing or the State Department of Health Care Services. The resolution must be in effect on the date of hire in the position or be effective retroactively to include the position as of the date of hire, whichever is later, but no earlier than the operative date of this section as determined by subdivision (c).

(2) A position at a county office of education or school district, including a charter school, that is included in a certificated bargaining unit represented by an exclusive representative, whether by agreement between the exclusive representative and the employer as reflected in a collective bargaining agreement or by written decision of the Public Employment Relations Board. The collective bargaining agreement must be in effect on the date of hire in the position or be effective retroactively to include the position as of the date of hire, whichever is later, but no earlier than the operative date of this section as determined by subdivision (c).

(3) A position at a charter school eligible to receive state apportionment where the position requires the holding of a Commission on Teacher Credentialing certificate, permit, or other document pursuant to subdivision (l) of Section 47605.

(4) A position at a community college district, that is any of the following:

(A) A faculty member, as defined in Section 87003, subject to the appropriate minimum standards adopted by the Board of Governors of the California Community Colleges pursuant to Section 87356.

(B) An academic position, as defined in subdivision (b) of Section 87001, subject to the appropriate minimum standards adopted by the Board of Governors of the California Community Colleges pursuant to Section 87356.

(C) 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.

(D) A position pursuant to a contract with the United States Department of Defense to provide vocational training as an employee of a community college employer.

(5) A position as a superintendent of a California public school.

(6) A position that would otherwise be subject to membership in a different public retirement system when held by a member who has elected coverage by the Defined Benefit Program pursuant to Chapter 10 (commencing with Section 22500).

(b) “Position subject to membership” does not mean and shall not include:

(1) A position that would otherwise be subject to coverage by the Defined Benefit Program when held by a member of the Public Employees’ Retirement System who has elected coverage in the Public Employees’ Retirement System pursuant to Chapter 10 (commencing with Section 22500).

(2) A position that is not employed by an employer or employing agency as defined in Section 22131.

(3) A position at a county office of education or school district, including a charter school, that is included in a noncertificated bargaining unit represented by an exclusive representative, whether by agreement between the exclusive representative and the employer as reflected in a collective bargaining agreement in effect on the date of hire in the position or by written decision of the Public Employment Relations Board.

(c) (1) The board shall determine a date based on when the system has the capacity to implement the changes made by the act that added this subdivision. The date determined by the board shall be posted on the internet website of the system no later than July 1, 2027.

(2) This section shall become operative on the date determined by the board pursuant to paragraph (1).

history: (History: Added by Stats. 2024, Ch. 690, Sec. 12. (AB 1997) Effective January 1, 2025. Conditionally operative as prescribed by its own provisions.)

title: 1. GENERAL EDUCATION CODE PROVISIONS


text:
(a) “Position subject to membership” shall also include the following positions in which a member performed creditable service before the operative date of Section 22156.07 provided that the same member remains continuously employed to perform service in that position on and after the operative date of Section 22156.07:

(1) A position in which the member performed creditable service pursuant to Section 22119.5, as that section read before the operative date of Section 22156.07.

(2) A position in which the member performed the activities described in subdivision (a) of Section 22119.6.

(b) Subdivision (a) shall not apply to a member who becomes employed by the same or a different employer in a new position on or after the operative date of this section, and the member shall be subject to Section 22156.07.

(c) (1) The board shall determine a date based on when the system has the capacity to implement the changes made by the act that added this subdivision. The date determined by the board shall be posted on the internet website of the system no later than July 1, 2027.

(2) This section shall become operative on the date determined by the board pursuant to paragraph (1).

history: (History: Added by Stats. 2024, Ch. 690, Sec. 13. (AB 1997) Effective January 1, 2025. Conditionally operative as prescribed by its own provisions.)

title: 1. GENERAL EDUCATION CODE PROVISIONS


text: “Projected final compensation” means the final compensation used in computing the disability or family allowance increased by 2 percent, compounded annually to the earlier of normal retirement age or the date the disability allowance is terminated.

title: 1. GENERAL EDUCATION CODE PROVISIONS


text:
(a) “Projected service” means the sum of credited service plus the credited service that would have been earned for the school years during which a disability allowance was payable if the member had performed creditable service during that time.

(b) Projected service for a school year shall be determined on the basis of the highest credited service earned by the member during any one of the three school years immediately preceding the member’s death or the date the disability allowance began to accrue.

(c) Projected service shall not include credited service for which contributions have been credited to the Defined Benefit Supplement Program.

history: (History: Repealed and added by Stats. 2000, Ch. 1021, Sec. 9. Effective January 1, 2001.)

title: 1. GENERAL EDUCATION CODE PROVISIONS


text: “Proof of death” means providing to the system any evidence of death required by the system.

title: 1. GENERAL EDUCATION CODE PROVISIONS


text: “Provisional vesting” means the member has reached the minimum age requirement and has attained the credited service required under the Defined Benefit Program for eligibility to receive a retirement allowance, and the member is entitled to terminate employment and retire at any time to receive a retirement allowance.

history: (History: Amended by Stats. 2000, Ch. 1025, Sec. 12. Effective January 1, 2001.)

title: 1. GENERAL EDUCATION CODE PROVISIONS


text: “Public employer” means a public employer as defined in subdivision (i) of Section 7522.04 of the Government Code.

history: (History: Added by Stats. 2013, Ch. 559, Sec. 11. (AB 1381) Effective January 1, 2014. Deemed operative January 1, 2013, by Sec. 1 of Ch. 559.)

title: 1. GENERAL EDUCATION CODE PROVISIONS


text: “Public school” means any day or evening elementary school, any day or evening secondary school, community college, technical school, kindergarten school, and prekindergarten school established by the Legislature, or by municipal or district authority.

history: (History: Amended by Stats. 1999, Ch. 939, Sec. 21. Effective January 1, 2000.)

title: 1. GENERAL EDUCATION CODE PROVISIONS


text: Qualified military service is military service as defined in Section 414(u) of Title 26 of the United States Code.

history: (History: Added by Stats. 2011, Ch. 703, Sec. 1. (SB 349) Effective January 1, 2012.)

title: 1. GENERAL EDUCATION CODE PROVISIONS


text: “Refund” means the lump-sum return of a member’s accumulated retirement contributions under the Defined Benefit Program and does not include the balance of credits in the member’s Defined Benefit Supplement account.

history: (History: Amended by Stats. 2000, Ch. 1021, Sec. 10. Effective January 1, 2001.)

title: 1. GENERAL EDUCATION CODE PROVISIONS


text:
“Regular interest” means interest that is equal to the actuarially assumed rate of return on investments on assets of the Defined Benefit Program. The regular interest rate shall be adopted annually by the board as a plan amendment with respect to the Defined Benefit Program.

This section shall become operative on July 1, 2010.

history: (History: Repealed (in Sec. 1) and added by Stats. 2009, Ch. 249, Sec. 2. (AB 654) Effective January 1, 2010. Section operative July 1, 2010, by its own provisions.)

title: 1. GENERAL EDUCATION CODE PROVISIONS


text: “Regular meeting” means a meeting of the board held in accordance with a schedule of meetings that states the dates and places of the meetings and that is adopted by the board.

history: (History: Added by Stats. 1996, Ch. 634, Sec. 35. Effective January 1, 1997.)

title: 1. GENERAL EDUCATION CODE PROVISIONS