Chapter 2. Definitions of California Education Code >> Division 1. >> Title 1. >> Part 14. >> Chapter 2.

Unless otherwise specified, the definitions set forth in this chapter govern the construction of this part.

"Actuarial equivalent" means a benefit that has the same present value as the benefit it replaces based on interest rates and mortality tables recommended by the actuary and adopted by the board as a plan amendment.

"Actuary" means a person professionally trained in the technical and mathematical aspects of insurance, pensions, and related fields who has been appointed by the board for the purpose of actuarial services required under this part.

"Additional earnings credit" means a percentage determined by the board for a plan year by means of a plan amendment and credited to employee accounts and employer accounts on a specified date.

"Administrative costs" means the costs of administering the Cash Balance Benefit Program for the plan year as determined by the board.

"Annuitant Reserve" means the reserve account established by the board within the State Teachers' Retirement Fund for the payment of monthly annuities with respect to the Cash Balance Benefit Program.

"Annuity" means an amount of money payable in monthly installments for a period determined by the option elected by the participant or beneficiary.

"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 year.

"Beneficiary" means any person or persons or entity designated by the participant pursuant to this part or otherwise entitled by law to receive the death benefit under the plan.

"Board" means the Teachers' Retirement Board.

"Cash Balance Benefit Program" means the benefit program set forth in this part of the State Teachers' Retirement Law.

(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) This section shall be deemed to have become operative on July 1, 1996.

(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, including the state, in a position requiring certification qualifications as designated in regulations adopted 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 occupational 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, audiometrists, 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.
  (10) Trustee service as described in Section 26403.
  (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.
  (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 activities not already specified.

"Death benefit" means the benefit payable under this part upon the death of the participant.

"Defined Benefit Program" means the Defined Benefit Program of the State Teachers' Retirement Plan as set forth in Part 13 (commencing with Section 22000).

"Disability benefit" means an amount payable under this part for permanent and total disability that is equal to the sum of the participant's employee account and employer account as of the disability date and is payable pursuant to Section 26905, 26906, or 26906.5.

"Disability date" means the date the benefit becomes payable to a participant who has applied for a disability benefit from the plan under this part and has been determined to have a total and permanent disability.

"Employee" means a person engaged to perform creditable service.

"Employee account" means the nominal account of the participant to which employee contributions and interest and any additional earnings credits in respect thereof are credited under the Cash Balance Benefit Program.

"Employee contribution rate" means the percentage of the participant's salary withheld by the employer as an employee contribution under the Cash Balance Benefit Program.

"Employee contribution" means the amount withheld from the participant's salary by the employer as a contribution by the employee under the Cash Balance Benefit Program.

"Employer" means a school district, community college district, or county office of education that has elected to provide the benefits of this part to persons employed to perform creditable service. "Employer" shall not include the state.

"Employer account" means the nominal account of the participant in which employer contributions on behalf of the participant and interest and any additional earnings credits in respect thereof are credited under the Cash Balance Benefit Program.

"Employer contribution rate" means the percentage of salary that determines the amount the employer contributes to the Cash Balance Benefit Program with respect to each employee who is a participant.

"Employer contribution" means the amount contributed by the employer to the Cash Balance Benefit Program with respect to the participant.

"Employed" or "employment" means employed to perform creditable service subject to coverage under the Cash Balance Benefit Program.

"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 year if he or she were employed full time, as defined by Section 22138.5, in that position.

"Fund" means the Teachers' Retirement Fund.

"Gain and Loss Reserve" means the reserve account established by the board within the fund with respect to the Cash Balance Benefit Program to be drawn upon to the extent necessary to credit interest to employee accounts and employer accounts at the minimum interest rate during years in which the plan's investment earnings with respect to the Cash Balance Benefit Program are not sufficient for that purpose, and where necessary, to provide additions to the Annuitant Reserve for monthly annuity payments.

"Investment earnings" means income received or receivable during the plan year by the plan from investment of employee contributions, employer contributions, and prior investment earnings.

"Minimum interest rate" means the annual rate determined for the plan year by the board by means of an amendment to the plan with respect to the Cash Balance Benefit Program in accordance with applicable federal laws and regulations.

"Participant" means a person who has performed creditable service subject to coverage by the Cash Balance Benefit Program and who has contributions credited under the Cash Balance Benefit Program or is receiving an annuity under the Cash Balance Benefit Program by reason of creditable service or has not yet met the conditions of subdivision (b) of Section 26806.

(a) "Participant subject to the California Public Employees' Pension Reform Act of 2013" means, notwithstanding subdivision (f) of Section 7522.04 of the Government Code, a person who first becomes employed to perform creditable service subject to coverage under the Cash Balance Benefit Program on or after January 1, 2013.
  (b) A participant as defined in subdivision (a) does not include a person who was a member on or before December 31, 2012, of the California Public Employees' Retirement System, the Legislators' Retirement System, the University of California Retirement System, county retirement systems established under Chapter 3 (commencing with Section 31450) of Part 3 of Division 4 of Title 3 of the Government Code, or the San Francisco Employees' Retirement System, and the person performed service in the other retirement system within the six months prior to the commencement of creditable service under the Cash Balance Benefit Program.
  (c) This section shall be deemed to have become operative on January 1, 2013.

"Pay period" means a payroll period specified by the employer but not more than 31 calendar days.

"Plan" means the State Teachers' Retirement Plan.

"Plan year" means the calendar, policy, or fiscal year on which the records of the plan are kept, with respect to the Cash Balance Benefit Program. The board by means of plan amendment shall determine the plan year.

"Public employer" means a public employer as defined by subdivision (i) of Section 7522.04 of the Government Code.

(a) "Retired participant activities" means one or more activities identified in subdivision (b), (c), or (d) of Section 22119.5 or (b), (c), or (d) of Section 26113 within the California public school system and performed by a participant retired for service under this part as one of the following:
  (1) An employee of an employer.
  (2) An employee of a third party, except as specified in subdivision (b).
  (3) An independent contractor.
  (b) The activities of an employee of a third party shall not be included in the definition of "retired participant activities" if all of the following conditions apply:
  (1) The employee performs an assignment of 24 months or less.
  (2) The third-party employer does not participate in a California public pension system.
  (3) The activities performed by the individual are not normally performed by employees of an employer, as defined in Section 22131.

"Retirement" means termination of employment and completion of all conditions precedent to receiving a retirement benefit under the Cash Balance Benefit Program.

"Retirement benefit" means an amount payable under this part in the event of the participant's retirement for service that is equal to the sum of the participant's employee account and employer account as of the retirement date and that is payable pursuant to Section 26806, 26807, or 26807.5.

"Retirement date" means the date the benefit under this part becomes payable to a participant who has applied for a retirement benefit from the plan under this part.

(a) "Salary" means remuneration paid in cash by an employer to a participant for creditable service performed in that position subject to coverage under the Cash Balance Benefit Program. Salary shall include:
  (1) Money paid in accordance with a publicly available written contractual agreement, including, but not limited to, a salary schedule, based on years of training and years of experience as specified in Section 45028 for creditable service performed.
  (2) For participants not paid according to a salary schedule, money paid for creditable service performed in accordance with a publicly available written contractual agreement, including, but not limited to, a collective bargaining agreement or an employment agreement.
  (3) Money paid for the participant's absence from performance of creditable service as approved by an employer, except as provided in paragraph (5) of subdivision (b).
  (4) Employee contributions picked up by an employer pursuant to Section 26502.
  (5) Amounts deducted by an employer from the participant's salary, including, but not limited to, deductions for participation in a deferred compensation plan; deductions for the purchase of an annuity contract, tax-deferred retirement plan, or other insurance program; and deductions for participation in a plan that meets the requirements of Section 125, 401(a), 401(k), 403(b), 457(b), or 457 (f) of Title 26 of the United States Code.
  (6) Money paid by an employer in addition to salary paid under paragraph (1) or (2) if paid to all employees in a class in the same dollar amount, the same percentage of salary, or the same percentage of the amount being distributed.
  (7) Any other payments the board determines by plan amendment to be "salary."
  (b) "Salary" does not mean and shall not include:
  (1) Money paid for service that is not creditable service.
  (2) Money paid by an employer in addition to salary paid under paragraph (1) or (2) if not paid to all employees in a class in the same dollar amount, the same percentage of salary, or the same percentage of the amount being distributed.
  (3) Fringe benefits provided by an employer.
  (4) Expenses paid or reimbursed by an employer.
  (5) Money paid in exchange for the relinquishment of unused accumulated leave.
  (6) Severance pay, including lump-sum and installment payments, or money paid in excess of salary or wages to a participant as compensatory damages or as a compromise settlement.
  (7) Payments, including, but not limited to, those for participation in a deferred compensation plan; to purchase an annuity contract, tax-deferred retirement program, or other insurance program; and for participation in a plan that meets the requirements of Section 125, 401(a), 401(k), 403(b), 457(b), or 457(f) of Title 26 of the United States Code that are purchased by an employer for a participant.
  (8) Any payments determined by the system to have been made by an employer to enhance a participant's benefits.
  (9) Any other payments the board determines by plan amendment not to be "salary."
  (c) Any employer or person who knowingly or willfully reports salary in a manner inconsistent with the provisions of subdivisions (a) or (b) may be subject to prosecution for fraud, theft, or embezzlement in accordance with provisions of the Penal Code. The system may establish procedures to ensure that salary reported by an employer is in compliance with this section.
  (d) For purposes of this section, remuneration shall be considered paid if distributed to any person in the same class of employees who meets the qualifications or requirements specified in a publicly available written contractual agreement, including, but not limited to, a collective bargaining agreement or an employment agreement, as a condition of receiving the remuneration.
  (e) This section shall be deemed to have become operative on July 1, 1996.
  (f) This section shall not apply to a participant subject to the California Public Employees' Pension Reform Act of 2013.

(a) "Salary," for participants subject to the California Public Employees' Pension Reform Act of 2013, means remuneration paid each pay period in cash by an employer to a participant for creditable service performed in that position subject to coverage under the Cash Balance Benefit Program in accordance with a publicly available written contractual agreement, including, but not limited to, a salary schedule or employment agreement, based on years of training and years of experience as specified in Section 45028. Salary shall include:
  (1) Money paid for the participant's absence from performance of creditable service as approved by an employer, except as provided in paragraph (5) of subdivision (b).
  (2) Employee contributions picked up by an employer pursuant to Section 26502.
  (3) Amounts deducted by an employer from the participant's salary, including, but not limited to, deductions for participation in a deferred compensation plan; deductions for the purchase of an annuity contract, tax-deferred retirement plan, or other insurance program; and deductions for participation in a plan that meets the requirements of Section 125, 401(a), 401(k), 403(b), 457(b), or 457 (f) of Title 26 of the United States Code.
  (4) Any other payments the board determines by plan amendment to be "salary."
  (b) "Salary" does not mean and shall not include:
  (1) Money paid for service that is not creditable service.
  (2) Money not paid each pay period in which creditable service is performed for that position.
  (3) Fringe benefits provided by an employer.
  (4) Expenses paid or reimbursed by an employer.
  (5) Money paid in exchange for the relinquishment of unused accumulated leave.
  (6) Severance pay, including lump-sum and installment payments, or money paid in excess of salary to a participant as compensatory damages or as a compromise settlement.
  (7) Payments, including, but not limited to, those for participation in a deferred compensation plan; to purchase an annuity contract, tax-deferred retirement program, or other insurance program; and for participation in a plan that meets the requirements of Section 125, 401(a), 401(k), 403(b), 457(b), or 457(f) of Title 26 of the United States Code that are purchased by an employer for a participant.
  (8) Any payments determined by the system to have been made by an employer to enhance a participant's benefits under the plan.
  (9) Money paid to the participant in lieu of benefits provided to the participant by the employer or paid directly by the employer to a third party other than the system for the benefit of the participant.
  (10) Any one-time or ad hoc payments made to a participant.
  (11) Any employer-provided allowance, reimbursement, or payment, including, but not limited to, one made for housing, vehicle, or uniform.
  (12) Any bonus paid in addition to compensation described in subdivision (a).
  (13) Any other payments the board determines by plan amendment not to be "salary."
  (c) (1) Salary 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 participant 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 participant whose service is included in the federal system pursuant to any changes in state or federal law enacted on or after January 1, 2013.
  (2) 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 participants subject to this subdivision, except that the Legislature may not modify these provisions in a manner that would result in a decrease in benefits accrued prior to the effective date of the modification.
  (d) Any employer or person who knowingly or willfully reports salary in a manner inconsistent with the provisions of subdivisions (a) or (b) may be subject to prosecution for fraud, theft, or embezzlement in accordance with provisions of the Penal Code. The system may establish procedures to ensure that salary reported by an employer is in compliance with this section.
  (e) 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.

(a) "Spouse" means the person married to the participant on the date the participant files a beneficiary designation, or an application for a benefit, or on the date of the participant's death.
  (b) Except as excluded in Sections 26004 and 27406, a person who is the registered domestic partner of the participant, as established pursuant to Section 297 or 299.2 of the Family Code, on the date the participant files a beneficiary designation or an application for a benefit, or on the date of the participant's death, shall be treated in the same manner as a spouse.

"System" means the State Teachers' Retirement System.

"System's headquarters office" means the office building established as the permanent headquarters facility for the system, pursuant to Section 22375.

"Termination benefit" means a benefit that is an amount equal to the sum of the participant's employee account and employer account payable under this part pursuant to the provisions of Chapter 13 (commencing with Section 27200).

"Total and permanent disability" means any medically determinable physical or mental incapacity that is expected to prevent the participant from performing creditable service under this part for the employer for a continuous period of at least one year.

"Trustee service" means duties performed by a member of the governing body of an employer.

"Unfunded actuarial obligation" means any negative balance in the Gain and Loss Reserve.