PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000. - 28101.]

Heading of Part 14 amended by Stats. 2009, Ch. 304, Sec. 32.

§§ 26000–28101 · 190 sections

1. CHAPTER 1. General Provisions §§ 26000–26004 · 8 sections

   • § 26000 The Legislature hereby finds and declares that the State Teachers’ Retirement System Cash Balance Plan was created and established on July 1, 1996, to provide…
   • § 26000.5 An employer whose governing board has elected to provide the benefits of this part for its employees pursuant to Section 26000 shall enter into an agreement…
   • § 26000.6 (a) An election by any employer to provide the benefits of the Cash Balance Plan for their employees prior to the merger described in Section 26000 shall be…
   • § 26001 The design and administration of the plan, including the Cash Balance Benefit Program, shall comply with the applicable provisions of the Internal Revenue Code…
   • § 26002 The Cash Balance Benefit Program shall be administered by the Teachers’ Retirement Board with all of the powers, responsibilities and duties for administration…
   • § 26002.5 Except as excluded in subdivision (d) of Section 26807.5 or subdivision (c) of Section 26906.5, a person who is the registered domestic partner of a member, as…
   • § 26003 If any provision of this part or the application thereof to any person or circumstance is held invalid, that invalidity shall not affect other provisions or…
   • § 26004 Notwithstanding any other provision of law: (a) The benefits payable to any participant or beneficiary under this part shall be subject to the limitations…
2. CHAPTER 2. Definitions §§ 26100–26145 · 51 sections

   • § 26100 Unless otherwise specified, the definitions set forth in this chapter govern the construction of this part.
   • § 26101 “Actuarial equivalent” means a benefit that has the same present value as the benefit it replaces based on interest rates and mortality tables recommended by…
   • § 26102 “Actuary” means a person professionally trained in the technical and mathematical aspects of insurance, pensions, and related fields who has been appointed by…
   • § 26103 “Additional earnings credit” means a percentage determined by the board for a plan year by means of a plan amendment and credited to employee accounts and…
   • § 26104 “Administrative costs” means the costs of administering the Cash Balance Benefit Program for the plan year as determined by the board.
   • § 26105 “Annuitant Reserve” means the reserve account established by the board within the State Teachers’ Retirement Fund for the payment of monthly annuities with…
   • § 26106 “Annuity” means an amount of money payable in monthly installments for a period determined by the option elected by the participant or beneficiary.
   • § 26106.5 (a) For purposes of this part, “annuity beneficiary” means the person or trust designated by a participant pursuant to Section 26807, 26807.5, 26906, or…
   • § 26107 “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.
   • § 26108 “Beneficiary” means any person or persons or entity designated by the participant pursuant to this part or otherwise entitled by law to receive the death…
   • § 26109 “Board” means the Teachers’ Retirement Board.
   • § 26112 “Cash Balance Benefit Program” means the benefit program set forth in this part of the State Teachers’ Retirement Law.
   • § 26112.5 (a) “Class of employees” means a number of employees considered as a group because they are employed to perform similar duties, are employed in the same type…
   • § 26113 (a) “Creditable service” means any of the activities described in subdivision (b) performed for any of the following employers: (1) A prekindergarten through…
   • § 26114 “Death benefit” means the benefit payable under this part upon the death of the participant.
   • § 26115 “Defined Benefit Program” means the Defined Benefit Program of the State Teachers’ Retirement Plan as set forth in Part 13 (commencing with Section 22000).
   • § 26116 “Disability benefit” means an amount payable under this part for permanent and total disability that is equal to the sum of the participant’s employee account…
   • § 26117 “Disability date” means the date the benefit becomes payable to a participant who has applied for a disability benefit from the plan under this part and has…
   • § 26118 “Employee” means a person engaged to perform creditable service.
   • § 26119 “Employee account” means the nominal account of the participant to which employee contributions and interest and any additional earnings credits in respect…
   • § 26120 “Employee contribution rate” means the percentage of the participant’s salary withheld by the employer as an employee contribution under the Cash Balance…
   • § 26121 “Employee contribution” means the amount withheld from the participant’s salary by the employer as a contribution by the employee under the Cash Balance…
   • § 26122 (a) “Employer” means a school district, community college district, or county office of education that has elected to provide the benefits of this part to…
   • § 26123 “Employer account” means the nominal account of the participant in which employer contributions on behalf of the participant and interest and any additional…
   • § 26124 “Employer contribution rate” means the percentage of salary that determines the amount the employer contributes to the Cash Balance Benefit Program with…
   • § 26125 “Employer contribution” means the amount contributed by the employer to the Cash Balance Benefit Program with respect to the participant.
   • § 26126 “Employed” or “employment” means employed to perform creditable service subject to coverage under the Cash Balance Benefit Program.
   • § 26127 “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…
   • § 26128 “Fund” means the Teachers’ Retirement Fund.
   • § 26129 “Gain and Loss Reserve” means the reserve account established by the board within the fund with respect to the Cash Balance Benefit Program to be drawn upon to…
   • § 26130 “Investment earnings” means income received or receivable during the plan year by the plan from investment of employee contributions, employer contributions,…
   • § 26131 “Minimum interest rate” means the annual rate determined for the plan year by the board by means of an amendment to the plan with respect to the Cash Balance…
   • § 26132 “Participant” means a person who has performed creditable service subject to coverage by the Cash Balance Benefit Program and who has contributions credited…
   • § 26132.5 (a) “Participant subject to the California Public Employees’ Pension Reform Act of 2013” means, notwithstanding subdivision (f) of Section 7522.04 of the…
   • § 26133 “Pay period” means a payroll period specified by the employer but not more than 31 calendar days.
   • § 26134 “Plan” means the State Teachers’ Retirement Plan.
   • § 26135 “Plan year” means the calendar, policy, or fiscal year on which the records of the plan are kept, with respect to the Cash Balance Benefit Program. The board…
   • § 26135.5 “Public employer” means a public employer as defined by subdivision (i) of Section 7522.04 of the Government Code.
   • § 26135.7 (a) “Retired participant activities” means one or more activities identified in subdivision (b), (c), or (d) of Section 22119.5 or (b), (c), or (d) of Section…
   • § 26136 “Retirement” means termination of employment and completion of all conditions precedent to receiving a retirement benefit under the Cash Balance Benefit…
   • § 26137 “Retirement benefit” means an amount payable under this part in the event of the participant’s retirement for service that is equal to the sum of the…
   • § 26138 “Retirement date” means the date the benefit under this part becomes payable to a participant who has applied for a retirement benefit from the plan under this…
   • § 26139 (a) “Salary” means remuneration paid in cash by an employer to a participant for creditable service performed in that position subject to coverage under the…
   • § 26139.5 (a) “Salary,” for participants subject to the California Public Employees’ Pension Reform Act of 2013, means remuneration paid each pay period in cash by an…
   • § 26140 (a) “Spouse” means the person married to the participant on the date the participant files a beneficiary designation, or an application for a benefit, or on…
   • § 26142 “System” means the State Teachers’ Retirement System.
   • § 26142.5 “System’s headquarters office” means the office building established as the permanent headquarters facility for the system, pursuant to Section 22375.
   • § 26143 “Termination benefit” means a benefit that is an amount equal to the sum of the participant’s employee account and employer account payable under this part…
   • § 26144 “Total and permanent disability” means any medically determinable physical or mental incapacity that is expected to prevent the participant from performing…
   • § 26144.5 “Trustee service” means duties performed by a member of the governing body of an employer.
   • § 26145 “Unfunded actuarial obligation” means any negative balance in the Gain and Loss Reserve.
3. CHAPTER 3. Plan Administration §§ 26200–26216 · 16 sections

   • § 26200 Employee contributions, employer contributions, investment earnings, and any other amounts provided under this part shall be deposited into the Teachers’…
   • § 26201 Investment earnings shall be collected by the Treasurer, and together with any other moneys received in connection with the Cash Balance Benefit Program, shall…
   • § 26202 (a) The board shall establish a Gain and Loss Reserve within the Teachers’ Retirement Fund for the Cash Balance Benefit Program. The board has sole authority…
   • § 26203 The board may amortize any unfunded actuarial obligation in accordance with standards established by the Actuarial Standards Board and Governmental Accounting…
   • § 26204 The board shall establish an Annuitant Reserve within the Teachers’ Retirement Fund for the Cash Balance Benefit Program. The board has sole authority to…
   • § 26205 The board may transfer amounts between the Gain and Loss Reserve and the Annuitant Reserve upon the recommendation of the actuary.
   • § 26206 All administrative costs of the board and system for the plan with respect to the Cash Balance Benefit Program shall be paid from the Teachers’ Retirement Fund.
   • § 26207.5 In no event shall the funding of the Cash Balance Benefit Program be a liability of the state or the General Fund, nor shall the General Fund be used to offset…
   • § 26208 The board shall establish and maintain records and accounts following recognized accounting principles and controls with respect to the Cash Balance Benefit…
   • § 26209 The board may authorize the transfer and disbursement of funds from the Teachers’ Retirement Fund for the purpose of carrying into effect the Cash Balance…
   • § 26210 The board has exclusive control of the investment of the Retirement Fund with respect to assets attributed to the Cash Balance Benefit Program. In investing…
   • § 26211 The board shall acquire the services of an actuary to: (a) Perform an actuarial investigation of the demographic and economic experience of the Cash Balance…
   • § 26212 The board shall maintain all data necessary for the actuarial investigation of the demographic and economic experience of the Cash Balance Benefit Program, and…
   • § 26213 The board shall adopt actuarial assumptions, rates, factors and tables necessary to administer the Cash Balance Benefit Program as an amendment to the plan.
   • § 26214 (a) Except as provided in subdivision (b), the system shall make available, after the end of the plan year, to each participant having a balance in his or her…
   • § 26216 The board may administer the Cash Balance Benefit Program through an agreement with a qualified third-party administrator that shall provide custodial,…
4. CHAPTER 4. Employer and Participant Responsibilities §§ 26300–26306 · 11 sections

   • § 26300 (a) Within 10 working days following the later of the first day of employment, the date of the employer’s governing board’s action to provide the Cash Balance…
   • § 26301 (a) Employers shall report contributions paid on behalf of each participant in each pay period, along with all other information required by the system no…
   • § 26301.5 Each employer shall deduct from the salary of participants employed by the employer the participant contributions required by this part and shall remit to the…
   • § 26301.7 (a) All contributions due to the system by an employer under this part shall be paid by an electronic funds transfer method through an automated clearinghouse…
   • § 26302 (a) If more or less than the contributions required by this part are paid to the plan based on salary paid to a participant, proper adjustment shall be made by…
   • § 26303 (a) Employers shall transmit to the plan the employee contributions and employer contributions with respect to the Cash Balance Benefit Program for salary paid…
   • § 26303.5 A person or entity that reports directly to the system that is assessed a penalty or interest pursuant to Section 26301 or 26303 may appeal the assessed…
   • § 26303.7 Penalties and interest due to the system pursuant to Section 26301 or 26303 are additional required contributions that, when received, shall be deposited to…
   • § 26304 An employer shall provide timely notice to the system of the employment, death, or termination of employment of a participant.
   • § 26305 Upon request of the system, an employer shall provide the system with information regarding the salary paid or to be paid to employees subject to coverage by…
   • § 26306 (a) Upon request by the system, a participant or beneficiary with respect to the Cash Balance Benefit Program shall provide to the system any information…
5. CHAPTER 5. Eligibility §§ 26400–26403 · 3 sections

   • § 26400 (a) (1) Any person who is not already a member of the Defined Benefit Program and who is employed to perform creditable service by an employer that provides…
   • § 26401 (a) (1) A member of the Defined Benefit Program who is employed by an employer that provides the Cash Balance Benefit Program may elect to become a participant…
   • § 26403 (a) A person who performs trustee service for an employer who has elected to provide benefits pursuant to this part to its employees may elect to participate…
6. CHAPTER 6. Contributions §§ 26500–26507 · 9 sections

   • § 26500 Acceptance of employment subject to coverage by the Cash Balance Benefit Program constitutes consent to have contributions deducted from the employee’s salary…
   • § 26501 Except as provided in Section 26504, the participant shall contribute an amount equivalent to 4 percent of salary.
   • § 26501.5 A person who elects, pursuant to Section 26403, to participate in the Cash Balance Benefit Program shall make contributions, as provided in Section 26501,…
   • § 26502 Notwithstanding Section 26301.5, the employer may pick up, for the sole purpose of and in accordance with the requirements of Section 414(h)(2) of Title 26 of…
   • § 26503 Except as provided in Sections 26504 and 26507, the employer shall contribute an amount equivalent to 4 percent of salary for each participant employed by the…
   • § 26503.5 If a person elects, pursuant to Section 26403, to participate in the Cash Balance Benefit Program, his or her employer shall make contributions, as provided in…
   • § 26504 The employer may enter into a collective bargaining agreement to pay a different employer contribution rate and a different employee contribution rate,…
   • § 26506 (a) Except as provided in subdivision (b), participants shall not make voluntary pretax or post-tax contributions into the Cash Balance Benefit Program, nor…
   • § 26507 (a) The board may adjust the mandatory employer contribution rate specified under Section 26503 for a fixed period of plan years when it has determined based…
7. CHAPTER 7. Employee and Employer Accounts §§ 26600–26607 · 8 sections

   • § 26600 All contributions based on salary earned by a participant, together with amounts credited under the minimum interest rate and additional earnings credit…
   • § 26601 All employee contributions and interest credited under the minimum interest rate and additional earnings credits in respect of those contributions shall be…
   • § 26602 All employer contributions on behalf of the participant and interest credited under the minimum interest rate and additional earnings credits in respect of…
   • § 26603 (a) All employee contributions shall be credited to employee accounts and all employer contributions shall be credited to employer accounts effective as of the…
   • § 26604 (a) Beginning June 1, 1996, prior to the Cash Balance Plan becoming effective, and prior to the beginning of each plan year thereafter, the board, by plan…
   • § 26605 In the event that the total amount of investment earnings of the plan for any plan year exceeds the sum of the total amount required to credit all employee and…
   • § 26606 Any additional earnings credit declared shall be determined as a specified percentage increase in the closing balance of each employee account and employer…
   • § 26607 (a) The board may declare by means of plan amendment with respect to the Cash Balance Benefit Program an additional annuity credit applicable to annuities…
8. CHAPTER 8. Rights to Benefits §§ 26700–26704 · 5 sections

   • § 26700 A participant has a vested right to a retirement benefit equal in amount to the total balance of credits in his or her employee account and employer account.…
   • § 26701 The right of a participant to a benefit under this part, whether by lump sum or annuity, is not subject to execution or any other process whatsoever, except to…
   • § 26702 (a) For the purpose of payments into or out of the fund for adjustments of errors or omissions with respect to the Cash Balance Benefit Program, the period of…
   • § 26703 The signature of the spouse of a participant shall be required on a designation of beneficiary form, an election, change, or termination of an annuity, or an…
   • § 26704 If a spouse refuses to sign a beneficiary designation, an election, change, or termination of an annuity, or an application for a retirement benefit,…
9. CHAPTER 9. Retirement Benefit §§ 26800–26813 · 17 sections

   • § 26800 The normal retirement age for the Cash Balance Benefit Program is 60 years of age, or 62 years of age for a participant subject to the California Public…
   • § 26801 Except as provided under Section 26802, a participant’s retirement date shall not be earlier than either the date on which the participant attains 55 years of…
   • § 26802 Distribution of the retirement benefit under this part shall commence no later than the required beginning date specified in subdivision (c) of Section 26004.
   • § 26803 (a) All creditable service subject to coverage by the Cash Balance Benefit Program and the Defined Benefit Program, which does not include retired member…
   • § 26804 Application for a retirement benefit under this part shall be made on a form prescribed by the system. A participant who files an application for a retirement…
   • § 26805 The retirement benefit under this part is a benefit payable in the event of retirement that is an amount equal to the sum of the employee account and the…
   • § 26806 (a) The normal form of retirement benefit under this part is a lump-sum payment. Upon distribution of the lump-sum payment to the participant, no further…
   • § 26807 (a) Upon application for a retirement benefit under this part, the participant may elect to receive the retirement benefit in the form of an annuity, provided…
   • § 26807.5 (a) Upon application for a retirement benefit under this part, the participant may elect to receive the retirement benefit as an annuity payable in monthly…
   • § 26807.6 (a) A participant who retired and elected an annuity pursuant to Section 26807 may elect to change annuities, subject to all of the following: (1) A…
   • § 26807.7 (a) A participant who retired and elected a beneficiary annuity pursuant to Section 26807.5 and designated his or her same-sex spouse or same-sex former spouse…
   • § 26808 (a) The annuity elected under this chapter shall be determined as a value actuarially equivalent to the sum of the employee account and the employer account as…
   • § 26809 Upon election of an annuity under this part, the credits in the participant’s employee account and employer account shall be transferred to the Annuitant…
   • § 26810 (a) A participant who is employed to perform creditable service subject to coverage by the Cash Balance Benefit Program while receiving an annuity under the…
   • § 26811 (a) Except as provided in subdivision (b), the annuity beneficiary under the joint and survivor annuity elected pursuant to paragraph (3) or (4) of subdivision…
   • § 26812 (a) A participant retired for service under this part may perform retired participant activities, but the participant shall not make contributions to the plan… see note
   • § 26813 A member retired for service under the Defined Benefit Program may perform retired participant activities in any one school year up to the limitation specified…
10. CHAPTER 10. Disability Benefit §§ 26900–26911 · 13 sections

    • § 26900 A participant may apply to receive a disability benefit under this part at any time.
    • § 26901 Application for a disability benefit under this part shall be made by the participant, or the guardian or conservator of the participant, on a form prescribed…
    • § 26902 (a) A disability benefit under this part shall become payable only upon determination by the board that the participant has a total and permanent disability.…
    • § 26903 All creditable service subject to coverage by the Cash Balance Benefit Program and Defined Benefit Program shall be terminated prior to the disability date.
    • § 26904 The disability benefit is a benefit for total and permanent disability that is an amount equal to the sum of the employee account and the employer account as…
    • § 26905 The normal form of disability benefit under this part is a lump-sum payment. Upon distribution of the lump-sum payment to the participant, no further benefits…
    • § 26906 (a) Upon application for a disability benefit under this part, the participant may elect to receive the disability benefit in the form of an annuity provided…
    • § 26906.5 (a) Upon application for a disability benefit under this part, the participant may elect to receive the disabled benefit in the form of an annuity provided the…
    • § 26906.6 (a) A participant who is disabled and elected an annuity pursuant to Section 26906 may elect to change annuities, subject to all of the following: (1) A…
    • § 26907 The annuity under this chapter shall be determined as a value actuarially equivalent to the sum of the employee account and the employer account as of the…
    • § 26908 Upon election of an annuity under this part, the credits in the participant’s employee account and employer account shall be transferred to the Annuitant…
    • § 26910 (a) Except as provided in subdivision (b), the beneficiary under the joint and survivor option elected pursuant to paragraph (3) or (4) of subdivision (b) of…
    • § 26911 If a participant who is receiving a disability annuity under this part becomes reemployed to perform creditable service subject to coverage by the Cash Balance…
11. CHAPTER 11. Death Benefit §§ 27000–27008 · 9 sections

    • § 27000 The death benefit shall become payable to the beneficiary upon receipt of proof of the participant’s death.
    • § 27001 Notwithstanding Chapter 3 (commencing with Section 13100) of Part 1 of Division 8 of the Probate Code or any other provision of law to the contrary, the death…
    • § 27002 If the participant died prior to commencement of an annuity, the death benefit shall be an amount that is equal to the sum of the participant’s employee…
    • § 27003 The normal form of death benefit under this part is a lump-sum payment. Upon distribution of the lump-sum payment to the beneficiary, no further benefits shall…
    • § 27004 (a) A beneficiary, other than an entity except a trust as defined in Section 26106.5, may elect to receive the final benefit payable under the Cash Balance…
    • § 27005 The annuity elected under this chapter shall be determined as a value actuarially equivalent to the sum of the participant’s employee account and employer…
    • § 27006 Upon the beneficiary’s election to receive the death benefit under this part in the form of an annuity, the credits in the participant’s employee account and…
    • § 27007 (a) If the participant died while receiving an annuity under this part, the death benefit shall be payable in accordance with the terms of the annuity elected…
    • § 27008 Upon the death of a beneficiary who was receiving an annuity under this part due to the death of a participant, payment shall be made as follows: (a) Upon the…
12. CHAPTER 12. Beneficiary §§ 27100–27102 · 4 sections

    • § 27100 A participant may at any time designate or change the designation of one or more primary beneficiaries and one or more contingent beneficiaries to receive any…
    • § 27100.5 A corporation, trust, charitable organization, parochial institution, or public entity may be designated as a beneficiary under this part, but shall not be…
    • § 27101 In the event the participant dies without a valid beneficiary designation on file with the system, any lump-sum death benefit under this part shall be payable…
    • § 27102 Part 5 (commencing with Section 220) of Division 2 of the Probate Code, when applicable, shall govern the distribution of any lump-sum death benefit payable…
13. CHAPTER 13. Termination Benefit §§ 27200–27207 · 8 sections

    • § 27200 Upon termination of all creditable service subject to coverage by the plan under this part and Part 13 (commencing with Section 22000) for any reason other…
    • § 27201 (a) All creditable service subject to coverage by the Cash Balance Benefit Program and the Defined Benefit Program, which does not include retired member…
    • § 27202 A participant shall apply for a termination benefit under this part on a form prescribed by the system.
    • § 27203 A participant may not apply for a termination benefit under this part if less than five years have elapsed following the date the most recent termination…
    • § 27204 (a) The termination benefit under this part shall not be payable before 180 calendar days have elapsed following the date of termination of employment. (b)…
    • § 27205 A participant may cancel the application for a termination benefit under this part at any time prior to distribution of the benefit.
    • § 27206 No partial distribution shall be made from an employee account or employer account.
    • § 27207 Upon distribution of the lump-sum payment to the participant under this part, no further benefits shall be payable from the plan under this part.
14. CHAPTER 14. Distribution of Benefits §§ 27300–27303.5 · 5 sections

    • § 27300 (a) The plan’s obligations under this part to a participant or beneficiary who has applied for a benefit cease upon distribution of the lump-sum benefit. (b)…
    • § 27301 (a) The plan’s obligations under this part to a participant or beneficiary who elected to receive a benefit in the form of an annuity, cease upon distribution…
    • § 27302 If a benefit payable under this part cannot be distributed because, after a good faith effort, the participant or beneficiary cannot be located, the balances…
    • § 27303 Any overpayment to a participant or beneficiary under this part shall be deducted from any subsequent benefit payment that may be payable under the plan,…
    • § 27303.5 If an employer reports erroneous information, the system shall calculate the actuarial present value of the expected payments from the participant or…
15. CHAPTER 15. Community Property §§ 27400–27413 · 14 sections

    • § 27400 (a) This chapter establishes the power of a court in a dissolution of marriage or legal separation action with respect to community property rights in benefits…
    • § 27401 (a) For purposes of this chapter, “nonparticipant spouse” means a participant’s spouse or former spouse who is being or has been awarded a community property…
    • § 27402 (a) Upon the legal separation or dissolution of marriage of a participant, the court shall include in the judgment or a court order the date on which the…
    • § 27403 The nonparticipant spouse who is awarded separate nominal accounts pursuant to Section 27402 is not a participant of the Cash Balance Benefit Program. The…
    • § 27404 The nonparticipant spouse is entitled to no benefits or rights from the separate nominal accounts except as otherwise provided in this chapter. However, this…
    • § 27405 Upon the legal separation or dissolution of marriage of a participant, the court may include in the judgment or court order a determination of the community…
    • § 27406 The nonparticipant spouse who is awarded separate nominal accounts with respect to the Cash Balance Benefit Program shall have the right to a lump-sum…
    • § 27407 No judgment or court order issued pursuant to this chapter is binding on the plan with respect to the Cash Balance Benefit Program until the plan has been…
    • § 27408 (a) Sections 26107, 26700, 26802, 26806, 27000, 27002, paragraphs (1) of subdivision (b) of Section 26807, and paragraphs (1) and (5) of subdivision (a) of…
    • § 27409 Upon being awarded separate nominal accounts or an interest in the annuity of a participant, a nonparticipant spouse shall provide the system with proof of his…
    • § 27410 (a) The nonparticipant spouse who is awarded separate nominal accounts shall have the right to designate, pursuant to Sections 27100 to 27102, inclusive, a…
    • § 27411 The nonparticipant spouse who is awarded a separate nominal account under this part shall have the right to an annuity pursuant to paragraph (1) or (5) of…
    • § 27412 The system shall include the contribution and earnings credits awarded to a nonparticipant spouse in the judgment or court order to determine the eligibility…
    • § 27413 It is the intent of the Legislature to abolish any application of the terminable interest doctrine in California relating to the division of public retirement…
16. CHAPTER 16. Military Services §§ 28000–28006 · 7 sections

    • § 28000 (a) The Legislature hereby finds and declares its intent to preserve and protect the rights of reemployed participants who have been absent from a position of…
    • § 28001 (a) The participant who returns to employment with the same employer which had employed the participant immediately prior to the eligible period of service in…
    • § 28002 (a) Except as provided in subdivision (b), an employer reemploying a participant with service subject to the requirements of Chapter 43 (commencing with…
    • § 28003 For purposes of calculating the employer’s liability under Section 28002 or the required employee contributions under Section 28001, the participant’s salary…
    • § 28004 A participant who is absent from a position of employment subject to the Cash Balance Benefit Program due to that participant’s service in the uniformed…
    • § 28005 A participant’s entitlement to the right to contribute toward credits under the Cash Balance Benefit Program pursuant to this chapter by reason of the service…
    • § 28006 No provision of this chapter shall apply to the extent it would require any action to be taken that would cause the plan or its members to incur adverse tax…
17. CHAPTER 17. Discontinuation of Plan §§ 28100–28101 · 2 sections

    • § 28100 (a) The employer may discontinue providing the Cash Balance Benefit Program at anytime in accordance with the terms and conditions of the employer’s governing…
    • § 28101 (a) Upon discontinuation of the Cash Balance Benefit Program by the employer, the system will hold the employee and employer accounts for the benefit of the…