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Section 22909 Of Chapter 15. Employee Contributions From California Education Code >> Division 1. >> Title 1. >> Part 13. >> Chapter 15.
22909
. (a) Notwithstanding Sections 22901, 22956, and 23000, an
employer may pay all or a portion of the contributions required to be
paid by a member of the Defined Benefit Program. Where the member is
included in a group or class of employment in which no members are
subject to the California Public Employees' Pension Reform Act of
2013, the payment shall be for all members in the group or class of
employment. The payments shall be credited to member accounts
pursuant to Section 22905. The employer shall report contributions to
the system as if the member and the employer were paying the
contributions in accordance with this part, notwithstanding this
section. For purposes of this chapter, the member's contributions
shall be considered to be the percentage of the member's creditable
compensation that would have been paid pursuant to this chapter,
notwithstanding this section. Notwithstanding Section 22119.2,
contributions paid pursuant to this section may not be included in
creditable compensation.
(b) Nothing in this section shall be construed to limit the authority of an employer to periodically increase, reduce, or eliminate the payment by the employer of all or a portion of the contributions required to be paid by members of the Defined Benefit Program, as authorized by this section.
(c) This section shall only apply to an employer that is picking up members' contributions pursuant to Section 22903 or 22904.
(d) As of January 1, 2013, this section shall not apply if the group or class of employment includes members who are subject to the Public Employees' Pension Reform Act of 2013. If the terms of a written agreement with an exclusive representative or a written employment agreement that is in effect on January 1, 2013, would be impaired by this subdivision, this subdivision shall not apply to the employer and members subject to that written agreement until the expiration of that written agreement. A renewal, amendment, or any other extension of that written agreement shall be subject to the requirements of this subdivision.
(e) As of January 1, 2014, this section shall not apply if the group or class of employment does not include members who are subject to the Public Employees' Pension Reform Act of 2013. If the terms of a written agreement with an exclusive representative or a written employment agreement that is in effect on January 1, 2014, would be impaired by this subdivision, this subdivision shall not apply to the employer and members subject to that written agreement until the expiration of that written agreement. A renewal, amendment, or any other extension of that written agreement shall be subject to the requirements of this subdivision.
(b) Nothing in this section shall be construed to limit the authority of an employer to periodically increase, reduce, or eliminate the payment by the employer of all or a portion of the contributions required to be paid by members of the Defined Benefit Program, as authorized by this section.
(c) This section shall only apply to an employer that is picking up members' contributions pursuant to Section 22903 or 22904.
(d) As of January 1, 2013, this section shall not apply if the group or class of employment includes members who are subject to the Public Employees' Pension Reform Act of 2013. If the terms of a written agreement with an exclusive representative or a written employment agreement that is in effect on January 1, 2013, would be impaired by this subdivision, this subdivision shall not apply to the employer and members subject to that written agreement until the expiration of that written agreement. A renewal, amendment, or any other extension of that written agreement shall be subject to the requirements of this subdivision.
(e) As of January 1, 2014, this section shall not apply if the group or class of employment does not include members who are subject to the Public Employees' Pension Reform Act of 2013. If the terms of a written agreement with an exclusive representative or a written employment agreement that is in effect on January 1, 2014, would be impaired by this subdivision, this subdivision shall not apply to the employer and members subject to that written agreement until the expiration of that written agreement. A renewal, amendment, or any other extension of that written agreement shall be subject to the requirements of this subdivision.
