CHAPTER 2. Definitions

Chapter 2 repealed and added by Stats. 1994, Ch. 933, Sec. 3.

§§ 22100–22177 · 124 sections

§ 22100 Unless the context otherwise requires, the definitions set forth in this chapter govern the construction of this part.
§ 22101 “Accumulated annuity deposit contributions” means the sum of all the annuity deposits standing to the credit of the member’s account, together with credited…
§ 22101.5 “Accumulated Defined Benefit Supplement account balance” means the amount of credits equal to the sum of member contributions, the member contributions picked…
§ 22102 “Accumulated retirement contributions” means the sum of the member contributions, the member contributions picked up by an employer pursuant to Sections 22903…
§ 22103 “Accumulated tax-sheltered annuity contributions” means the tax-sheltered contributions made by a member and standing to the credit of the member’s account,…
§ 22104 “Actuarial equivalent” means an allowance of equal value when computed upon the basis of such tables and interest rates that are adopted by the board.
§ 22104.5 “Actuary” means a person professionally trained in the technical and mathematical aspects of insurance, pensions, and related fields who has been appointed by…
§ 22104.7 “Additional earnings credit” means an amount derived from investment income for the plan year as determined by the board by plan amendment and added to…
§ 22104.8 (a) “Annualized pay rate” means the salary or wages, as described in Section 22119.2 or 22119.3, a person could earn during a school term for an assignment if… see note
§ 22104.9 “Annuitant Reserve” means a segregated account within the retirement fund established and maintained for expenditure on annuities payable under the Defined…
§ 22105 (a) “Annuity,” with respect to the Defined Benefit Program, means payments for life derived from the “accumulated annuity deposit contributions” of a member.…
§ 22105.5 “Annuity beneficiary” means the person or trust designated by a member pursuant to Section 25011, 25011.1, 25018, or 25018.1 to receive an annuity under the…
§ 22106 “Annuity deposit contributions” means additional contributions made by a member prior to July 1, 1972, above those required for credited service for the…
§ 22106.1 For the purposes of determining supplemental benefits pursuant to Sections 24412 and 24415, except as provided under Section 24410, “base allowance” means a…
§ 22106.2 “Base days” means the number of days of creditable service the employer requires the member’s class of employees to perform in a school year during the…
§ 22106.3 “Base hours” means the number of hours of creditable service required to earn one year of service credit.
§ 22106.5 “Basis of employment” means the standard of time over which the employer expects service to be performed by an employee in the position during the school term.…
§ 22107 (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…
§ 22108 (a) “Benefit” or “benefits,” with respect to the Defined Benefit Program, means any monthly payment due a retired member, disabled member, or beneficiary, and…
§ 22109 “Board” means the Teachers’ Retirement Board.
§ 22109.8 “California Public Employees’ Pension Reform Act of 2013” means the California Public Employees’ Pension Reform Act of 2013 (Article 4 (commencing with Section…
§ 22110 “California service” means service performed in California for which credit may be given.
§ 22110.1 “Cash Balance Benefit Program” means the benefit program of the State Teachers’ Retirement Plan as set forth in Part 14 (commencing with Section 26000).
§ 22110.2 “Credential,” “credentials,” and “certificate” mean any life diploma, credential, certificate, or other document provided for, by, and issued pursuant to the…
§ 22110.5 “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…
§ 22111 “Child’s portion” or “children’s portion” means the amount of a disability allowance, disability retirement allowance, family allowance, or survivor benefit…
§ 22112.5 (a) “Class of employees” means a number of employees considered as a group because they are employed to perform similar duties, are employed in the same type…
§ 22112.6 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…
§ 22113 “Comparable level position” means any job in which the member can earn 662/3 percent or more of indexed final compensation.
§ 22115 (a) “Compensation earnable” means the sum of the following: (1) The average annualized pay rate, which shall be determined as the quotient obtained when… see note
§ 22115.2 “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…
§ 22115.5 (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…
§ 22117 “Contribution rate for additional service credit” means the contribution rate adopted by the board as a plan amendment with respect to the Defined Benefit…
§ 22118 “County” includes “city and county.”
§ 22119 “County superintendent” means the county superintendent of schools.
§ 22119.2 (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…
§ 22119.3 (a) “Creditable compensation” for members who are subject to the California Public Employees’ Pension Reform Act of 2013 means the following remuneration that… see note
§ 22119.5 (a) “Creditable service” means any of the activities described in subdivision (b) performed for any of the following employers: (1) A prekindergarten through… see note
§ 22119.6 (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…
§ 22120 “Credited interest” means interest that is credited to active members’ and inactive members’ accumulated retirement contributions and accumulated annuity…
§ 22121 (a) “Credited service” means service for which the required contributions have been paid and service for which required contributions would have been paid in… see note
§ 22122 “Custodian” as used in Section 22359, means any bank or trust company that serves as custodian for safekeeping, delivery, securities valuation, investment…
§ 22122.4 “Death payment” means the amount payable upon the death of a member pursuant to Section 23801, 23851, or 23880.
§ 22122.5 “Defined Benefit Program” means the Defined Benefit Program provided in the State Teachers’ Retirement Plan as set forth in this part.
§ 22122.7 “Defined Benefit Supplement contributions” means member contributions and employer contributions that are credited by the system to the member’s Defined…
§ 22123 (a) “Dependent child” or “dependent children” under the disability allowance and family allowance programs means a member’s unmarried offspring or stepchild…
§ 22123.5 (a) “Dependent child” or “dependent children” under the disability retirement and survivor benefit allowance programs means a member’s offspring or stepchild…
§ 22124 “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…
§ 22126 “Disability” or “disabled” means any medically determinable physical or mental impairment that is permanent or that can be expected to last continuously for at…
§ 22127 “Disability allowance” means the amount payable to a disabled member on a monthly basis.
§ 22127.2 “Disability benefit” means the amount payable under the Defined Benefit Supplement Program based on the balance of credits in a member’s Defined Benefit…
§ 22128 “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…
§ 22129 “Educational institution” means any accredited public or private institution whose primary purpose is to provide classroom teaching and includes a high school,…
§ 22130 “Effective date” means the date upon which the benefit becomes payable.
§ 22131 (a) (1) “Employer” or “employing agency” means the state or any agency or political subdivision thereof, including, but not limited to, a joint powers…
§ 22132 “Employed” or “employment” means employment to perform creditable service subject to coverage under the Defined Benefit Program or the Defined Benefit…
§ 22132.5 “Exclusive representative” means an exclusive representative as defined in subdivision (e) of Section 3540.1 of the Government Code.
§ 22133 “Family allowance” means amounts payable to eligible survivors provided pursuant to Chapter 22 (commencing with Section 23800) after June 30, 1972.
§ 22133.5 “Final benefit” means the amount payable to a beneficiary under the Defined Benefit Supplement Program upon the death of the member.
§ 22134 (a) “Final compensation” means the highest average annual compensation earnable, as defined by Section 22115, by a member during any period of 36 consecutive…
§ 22134.5 (a) Notwithstanding Section 22134, “final compensation” means the highest average annual compensation earnable, as defined in Section 22115, by a member during…
§ 22135 (a) Notwithstanding subdivision (a) of Section 22134, “final compensation” means the highest average annual compensation earnable, as defined by Section 22115,…
§ 22137 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…
§ 22138 “Final vesting” means the right of a member or a beneficiary to receive a monthly retirement allowance, disability allowance, a family benefit, or survivor…
§ 22138.5 (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…
§ 22138.6 “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…
§ 22139.5 “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…
§ 22140 (a) “Improvement factor,” with respect to the Defined Benefit Program, means an increase of 2 percent in monthly allowances. The improvement factor shall be…
§ 22141 (a) Notwithstanding Section 22140, “improvement factor” means an increase of 2 percent in benefits provided under Sections 24408 and 24409 for each year…
§ 22142 “Indexed final compensation” means final compensation upon which a disability allowance or disability retirement allowance was based, adjusted annually from…
§ 22143 “Investment manager” and “investment adviser” mean any person, firm, or custodian referred to in Section 22359, either appointed by or under contract with the…
§ 22144 “Investment transactions” means investment services of an asset management or investment advisory nature and may include advisory services, research material,…
§ 22144.3 (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…
§ 22144.5 “Liability gains and losses” means the difference between actual noninvestment related experience and the experience expected based upon a set of noninvestment…
§ 22145 “Local system” means any retirement system, exclusive of this system, in which public school teachers are members, operated by a city, county, or other…
§ 22146 “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…
§ 22146.2 (a) Notwithstanding subdivision (f) of Section 7522.04 of the Government Code, “member subject to the California Public Employees’ Pension Reform Act of 2013”…
§ 22146.5 “Membership” means membership in the Defined Benefit Program, except as otherwise specifically provided in this part. The board shall have final authority for…
§ 22146.7 “Minimum interest rate” means the annual interest rate determined by the board by plan amendment at which interest shall be credited to Defined Benefit…
§ 22147 (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.…
§ 22147.5 “Nonqualified service” means any time during which a member did not perform creditable service subject to coverage by the plan. Nonqualified service shall not…
§ 22148 “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…
§ 22149 (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…
§ 22150 “Other public systems” means any of the following: (a) Old age, survivors, disability, and health insurance program, other than the lump-sum death payment,…
§ 22152 “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,…
§ 22154 “Pay period” means a payroll period of not less than four weeks or more than one calendar month.
§ 22155 “Payroll” includes registers, warrants, and any other documents upon which the employer identifies persons to whom compensation is paid.
§ 22155.5 “Plan” means the State Teachers’ Retirement Plan.
§ 22156 “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…
§ 22156.05 “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…
§ 22156.07 (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…
§ 22156.08 (a) “Position subject to membership” shall also include the following positions in which a member performed creditable service before the operative date of…
§ 22156.1 “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…
§ 22156.2 “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…
§ 22156.5 “Prior year’s compensation earnable” means the compensation earnable for the most recent school year in which the member earned service credit that precedes…
§ 22157 “Projected final compensation” means the final compensation used in computing the disability or family allowance increased by 2 percent, compounded annually to…
§ 22158 (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…
§ 22159 “Proof of death” means providing to the system any evidence of death required by the system.
§ 22160 “Provisional vesting” means the member has reached the minimum age requirement and has attained the credited service required under the Defined Benefit Program…
§ 22160.5 “Public employer” means a public employer as defined in subdivision (i) of Section 7522.04 of the Government Code.
§ 22161 “Public school” means any day or evening elementary school, any day or evening secondary school, community college, technical school, kindergarten school, and…
§ 22161.3 Qualified military service is military service as defined in Section 414(u) of Title 26 of the United States Code.
§ 22161.5 “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…
§ 22162 “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…
§ 22162.5 “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…
§ 22163 “Reinstatement” means the change in status with respect to the Defined Benefit Program under this part from a disabled or retired member to an active or…
§ 22164 “Replacement benefits program” means the program established pursuant to Chapter 27.5 (commencing with Section 24250) in compliance with the provisions of…
§ 22164.5 (a) “Retired member activities” means one or more activities identified in subdivision (b), (c), or (d) of Section 22119.5 or subdivision (b), (c), or (d) of…
§ 22165 “Retirement” means termination of employment subject to coverage by the plan and a change in status from an inactive member, an active member, or a disabled…
§ 22166 “Retirement allowance” means the amount payable to a retired member or an option beneficiary on a monthly basis.
§ 22166.5 “Retirement benefit” means the amount payable under the Defined Benefit Supplement Program, based on the balance of credits in the member’s Defined Benefit…
§ 22167 “Retirement fund” means the Teachers’ Retirement Fund.
§ 22168 “Return on investments” means income received or receivable from the system’s investments.
§ 22168.5 “School term” means a minimum period of 35 weeks beginning the first day and ending the last day creditable service is required to be performed by a member…
§ 22169 “School year” means the period of time beginning on July 1 of one calendar year and ending on June 30 of the following calendar year.
§ 22170 (a) “Service” means work performed for compensation, except as otherwise specifically provided in this part. (b) (1) The board shall determine a date based on… see note
§ 22170.5 (a) “Sick leave days” means the number of days of accumulated and unused leave of absence for illness or injury granted by each employer. (b) “Basic sick leave…
§ 22171 (a) “Spouse” means a person who was continuously married to the member for the period beginning at least 12 months prior to the death of the member, unless a…
§ 22172 “Survivor allowance” means the allowance provided for in Section 23804 as it read under the law in effect on June 30, 1972.
§ 22173 “Survivor benefit allowance” means the monthly allowance that a surviving spouse may elect to receive pursuant to Chapter 23 (commencing with Section 23850).
§ 22174 “System” means the State Teachers’ Retirement System.
§ 22175 “System’s headquarters office” means the office building established as the permanent headquarters facility for the system, pursuant to Section 22375.
§ 22176 “Termination benefit” means a benefit equal in amount to the balance of credits in the member’s Defined Benefit Supplement account that is payable to the…
§ 22177 (a) “Unfunded actuarial obligation,” with respect to the Defined Benefit Program, means that portion of the actuarial present value of benefits that is not…