Chapter 27. Service Retirement of California Education Code >> Division 1. >> Title 1. >> Part 13. >> Chapter 27.
(a) A member may retire for service under this part upon
written application for retirement to the board on a properly
executed form provided by the system, under paragraph (1) or (2) as
follows:
(1) The member has attained 55 years of age or more and has at
least five years of credited service, at least one year of which has
been performed subsequent to the most recent refund of accumulated
retirement contributions. The five years of credited service may
include out-of-state service purchased pursuant to Section 22820. The
number of years of credited service performed in California shall
not be less than the number of years necessary to determine final
compensation pursuant to Section 22134 or 22135, whichever is
applicable to the member.
(2) The member is credited with service that is not used as a
basis for benefits under any other public retirement system,
excluding the federal social security system, if the member has
attained 55 years of age or older and retires concurrently under one
or more of the retirement systems with which the member has
concurrent membership as defined in Section 22115.2.
(b) Application for retirement under paragraph (2) of subdivision
(a) may be made even if the member has not earned five years of
credited service.
(a) A member who is eligible and applies for a disability
allowance or retirement pursuant to Section 24001 or 24101 may apply
to receive a service retirement allowance pending the determination
of his or her application for disability, subject to all of the
following:
(1) The member is eligible to retire for service under Section
24201 or 24203.
(2) The member submits the application on a form provided by the
system, subject to all of the following:
(A) The application is executed no earlier than the date the
application for disability benefits is executed and no earlier than
six months before the effective date of the retirement allowance.
(B) The effective date is no earlier than the first day of the
month in which the application for disability benefits is received at
the system's headquarters office, unless the application for
disability benefits is denied or canceled and the member has
indicated an earlier service retirement date on the application to
use if denied or canceled. If the application for disability benefits
is denied or canceled, the service retirement date of a member who
submits an application for retirement pursuant to this section on or
after January 1, 2014, shall be no earlier than January 1, 2014.
(C) The effective date is later than the last day of creditable
service for which compensation is payable to the member.
(D) The effective date is no earlier than one year following the
date on which a retirement allowance was terminated pursuant to
Section 24208, unless the application for disability benefits is
denied or canceled and the member has indicated an earlier service
retirement date on the application to use if denied or canceled. If
the application for disability benefits is denied or canceled, the
service retirement date is no earlier than one day after the date on
which a retirement allowance was terminated pursuant to Section
24208, provided that the retirement allowance is terminated on or
after January 1, 2014.
(E) The effective date is no earlier than one year following the
date on which a retirement allowance was terminated pursuant to
subdivision (a) of Section 24117.
(3) The effective date of the service retirement allowance can be
no earlier than the date upon and continuously after which the member
is determined to the satisfaction of the board to have been mentally
incompetent.
(4) A member who applies for service retirement under this section
is not eligible to receive a lump-sum payment and an actuarially
reduced monthly allowance pursuant to Section 24221.
(5) A member who applies for service retirement under this section
is not eligible to receive an allowance calculated pursuant to
Section 24205.
(6) (A) Except as described in subparagraph (B), a member who
applies for service retirement under this section shall not receive
service credit for each day of accumulated and unused leave of
absence for illness or injury or for education pursuant to Section
22717 or 22717.5.
(B) If the application for disability is denied or canceled, the
member's service retirement allowance shall be adjusted to the
effective date of the service retirement to include service credited
pursuant to Section 22717 or 22717.5.
(7) If the application for disability is denied or canceled, a
member who applies for a service retirement allowance under this
section is subject to all of the following:
(A) Unless otherwise provided in this part, a member who, on his
or her application for service retirement, elects an option pursuant
to Section 24300.1 or 24307 may not change or revoke that option.
(B) If the member receives a modified service retirement allowance
based on the election of an option pursuant to Section 24300.1 or
24307, that modified service retirement allowance shall continue in
effect and unchanged.
(C) If the member did not elect an option pursuant to Section
24300.1 or 24307 and receives an unmodified service retirement
allowance, that unmodified service retirement allowance shall
continue in effect and unchanged.
(b) A member who applies for service retirement under this section
may change or cancel his or her service retirement application
pursuant to Section 24204, or may terminate his or her service
retirement allowance pursuant to Section 24208.
(c) A member may not cancel his or her application for disability
prior to a determination of that application unless he or she submits
a written request to the system's headquarters office. If a member
elects to cancel his or her service retirement application or elects
to terminate his or her service retirement allowance as described in
subdivision (b), that election shall not cancel the application for
disability.
(d) (1) Subparagraph (C) of paragraph (1) of subdivision (a) of
Section 24001 and paragraph (3) of subdivision (a) of Section 24101
shall not apply to a member who cancels an application for service
retirement pursuant to Section 24204 or who terminates a service
retirement allowance pursuant to Section 24208, if all of the
following apply:
(A) The member earned at least one year of credited service
subsequent to the most recent terminated service retirement
allowance.
(B) The member's application for disability under this section is
pending determination by the board.
(2) If the member's application for disability under this section
is denied or canceled, subparagraph (C) of paragraph (1) of
subdivision (a) of Section 24001 and paragraph (3) of subdivision (a)
of Section 24101 shall apply if the member submits a new application
for disability.
(e) (1) If the board approves the application for disability, and
notwithstanding subdivision (f) of Section 24204, the board shall
cancel the member's application for service retirement and shall
authorize payment of a disability allowance or disability retirement.
(2) If the board approves the application for disability and the
member has received service retirement allowance payments under this
part, the effective date for the disability allowance or disability
retirement shall be the same as the effective date of the service
retirement allowance.
(f) If a member who applies for service retirement under this
section dies prior to a determination by the board on the application
for disability, the member shall be considered retired for service
at the time of death, and any subsequent benefits shall be paid
accordingly.
(g) If a member who applies for service retirement under this
section dies after the board has approved the member's application
for disability, the member shall be considered a disabled member, or
retired for disability, at the time of death, and any subsequent
benefits shall be paid accordingly, even if the member died prior to
receiving notification of the approval of his or her application for
disability.
(h) If the member changes or cancels his or her service retirement
application or terminates his or her service retirement allowance as
described in subdivision (b), the system shall make appropriate
adjustments to the applicable service retirement allowance,
disability allowance, or disability retirement allowance, retroactive
to the effective date of the disability allowance or disability
retirement allowance. Subdivision (a) of Section 24617 shall not
apply.
(i) The system may recover a service retirement allowance
overpayment made to a member by deducting that overpayment from any
subsequent disability benefit payable to the member.
(j) Nothing in this section shall be construed to allow a member
or beneficiary to receive more than one type of retirement or
disability allowance for the same period of time.
(a) A member who retires for service after June 30, 1972,
shall receive a retirement allowance consisting of both of the
following:
(1) An annual allowance payable in monthly installments, upon
retirement at normal retirement age but less than age 60 1/4, equal
to 2 percent of the final compensation for each year of credited
service. If the member's retirement is effective at less than normal
retirement age and between early retirement age and normal retirement
age, the member's allowance shall be reduced by one-half of 1
percent for each full month, or fraction of a month that will elapse
until the member will attain normal retirement age.
(2) An annuity that shall be the actuarial equivalent of the
accumulated annuity deposit contributions standing to the credit of
the member's account at the time of retirement.
(b) In computing the amounts described in subdivision (a), the age
of the member on the last day of the month in which the retirement
allowance begins to accrue or such later date as provided in Section
24204 shall be used.
(c) The amendments to this section during the 1997-98 Regular
Session of the Legislature shall not apply to state employees.
(d) This section shall not apply to a member subject to the
California Public Employees' Pension Reform Act of 2013.
(a) A member who retires for service on or after January
1, 1999, shall receive a retirement allowance consisting of all of
the following:
(1) An annual allowance payable in monthly installments, upon
retirement equal to the percentage of the final compensation set
forth opposite the member's age at retirement in the following table
multiplied by each year of credited service:
Age at Retirement Percentage
60 ......................... 2.00
60 1/4 ..................... 2.033
60 1/2 ..................... 2.067
60 3/4 ..................... 2.10
61 ......................... 2.133
61 1/4 ..................... 2.167
61 1/2 ..................... 2.20
61 3/4 ..................... 2.233
62 ......................... 2.267
62 1/4 ..................... 2.30
62 1/2 ..................... 2.333
62 3/4 ..................... 2.367
63 and over ................ 2.40
If the member's retirement is effective at less than normal
retirement age and between early retirement age and normal retirement
age, the member's allowance shall be reduced by one-half of 1
percent for each full month, or fraction of a month that will elapse
until the member will attain normal retirement age.
(2) An annuity that shall be the actuarial equivalent of the
member's accumulated annuity deposit contributions at the time of
retirement.
(3) An annuity based on the balance of credits in the member's
Defined Benefit Supplement account, pursuant to Section 25012, if
elected by the member pursuant to Section 25011 or 25011.1.
(b) In computing the amounts described in paragraph (1) of
subdivision (a), the age of the member on the last day of the month
in which the retirement allowance begins to accrue or the later date
as described in Section 24204 shall be used.
(c) This section shall not apply to a member subject to the
California Public Employees' Pension Reform Act of 2013.
(a) A member subject to the California Public Employees'
Pension Reform Act of 2013 shall receive a retirement allowance
consisting of all of the following:
(1) An annual allowance payable in monthly installments upon
retirement equal to the percentage of the final compensation set
forth opposite the member's age at retirement in the following table
multiplied by each year of credited service:
Age at Retirement Percentage
62...................... 2.000
62 1/4.................. 2.033
62 1/2.................. 2.067
62 3/4.................. 2.100
63...................... 2.133
63 1/4.................. 2.167
63 1/2.................. 2.200
63 3/4.................. 2.233
64...................... 2.267
64 1/4.................. 2.300
64 1/2.................. 2.333
64 3/4.................. 2.367
65...................... 2.400
(2) If a member retires after attaining early retirement age but
before attaining normal retirement age, the member's allowance shall
be reduced by one-half of 1 percent for each full month, or fraction
of a month, that will elapse until the member will attain normal
retirement age.
(b) In computing the amounts described in paragraph (1) of
subdivision (a), the age of the member on the last day of the month
in which the retirement allowance begins to be payable or the later
date as described in Section 24204 shall be used.
(c) Creditable compensation used to calculate the defined benefit
shall be limited as described in Section 22119.3.
Notwithstanding any other provision of this part, for a
member subject to the California Public Employees' Pension Reform Act
of 2013, the minimum retirement age shall be 55 years of age, the
early retirement age shall be 55 years of age, and the normal
retirement age shall be 62 years of age.
It is the intent of the Legislature that the system
identify and propose all statutory changes necessary to fully
effectuate the implementation of the changes established in Sections
24202.6 and 24202.7 in all relevant statutes by June 30, 2013.
(a) A member who has 30 years of credited service under this
part may retire at age 50 years or older and receive an annual
allowance equal to 2 percent of final compensation for each year of
credited service. If the member has attained age 50 years, but has
not attained early retirement age, the allowance shall be reduced by
one-quarter of 1 percent for each full month or fraction of a month
that will elapse until the member will attain early retirement age
and one-half of 1 percent for each full month, or fraction of a month
between early retirement age and normal retirement age.
(b) In computing the amounts described in subdivision (a), the age
of the member on the last day of the month in which the retirement
allowance begins to accrue or any later date provided in Section
24204 shall be used.
(c) This section shall not apply to a member subject to the
California Public Employees' Pension Reform Act of 2013.
(a) The percentage of final compensation used to compute
the allowance pursuant to Section 24202.5, 24203, 24205, 24209,
24209.3, 24210, 24211, 24212, or 24213 of a member retiring on or
after January 1, 1999, who has 30 or more years of credited service,
shall be increased by two-tenths of 1 percentage point, provided that
the sum of the percentage of final compensation used to compute the
allowance, including any adjustments for retiring before the normal
retirement age, and the additional percentage provided by this
section does not exceed 2.40 percent.
(b) For purposes of establishing eligibility for the increased
allowance pursuant to this section only, credited service shall
exclude service credited pursuant to the following:
(1) Section 22714.
(2) Section 22715.
(3) Section 22717, except as provided in subdivision (c) of
Section 22121.
(4) Section 22717.5.
(c) For purposes of establishing eligibility for the increased
allowance pursuant to this section only, credited service shall
include credited service that a court has ordered be awarded to a
nonmember spouse pursuant to Section 22652. A nonmember spouse shall
also be eligible for the increased allowance pursuant to this section
if the member had 30 or more years of credited service on the date
the parties separated, as established in the judgment or court order
pursuant to Section 22652.
(d) Nonqualified service credit for which contributions pursuant
to Section 22826 were made in a lump sum on or after January 1, 2000,
or for which the first installment was made on or after January 1,
2000, may not be included in determining the eligibility for an
increased allowance pursuant to this section.
(a) In addition to the amount otherwise payable pursuant
to Section 24202.5, 24203, 24203.5, 24205, 24209, 24209.3, 24210,
24211, 24212, or 24213, a member shall receive an increase in the
monthly allowance, prior to any modification pursuant to Sections
24300, 24300.1, and 24309, in the amount identified in subdivision
(b), if the member meets all of the following criteria:
(1) The member retires for service on or after January 1, 2001.
(2) Prior to January 1, 2011, the member has 30 or more years of
credited service, including any credited service that a court has
ordered be awarded to a nonmember spouse pursuant to Section 22652,
but 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 22717.5.
(E) Section 22826.
(3) The member is receiving an allowance subject to Section
24203.5.
(b) The amount of the increase in the monthly allowance shall be
based on the member's years of credited service at the time of
retirement as follows:
years of credited service ....... $200
31 years of credited service ....... $300
32 or more years of credited $400
service ............................
(c) This section also applies to a nonmember spouse, if all of the
following conditions are satisfied:
(1) The member is eligible for the allowance increase pursuant to
subdivisions (a) and (b) upon his or her retirement for service.
(2) On the date the parties separated, as established in the
judgment or court order pursuant to Section 22652, the member had at
least 30 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 22717.5.
(E) Section 22826.
(3) The service credit of the member was divided into separate
accounts in the name of the member and the nonmember spouse by a
court pursuant to Section 22652. The amount identified in the
schedule in subdivision (b) and payable pursuant to this section,
that is based on the service credited during the marriage, shall be
divided and paid to the member and the nonmember spouse
proportionately according to the respective percentages of the member'
s service credit that were allocated to the member and the nonmember
spouse in the court's order.
(d) The allowance increase provided under this section is not
subject to Sections 24415 and 24417, but is subject to Section 22140.
(a) A service retirement allowance under this part shall
become effective upon any date designated by the member, provided all
of the following conditions are met:
(1) An application for service retirement allowance is filed on a
form provided by the system, which is executed no earlier than six
months before the effective date of retirement allowance.
(2) The effective date is later than the last day of creditable
service for which compensation is payable to the member.
(3) The effective date is no earlier than one day after the date
on which the retirement allowance was terminated under Section 24208.
(4) The effective date is no earlier than one year following the
date on which the retirement allowance was terminated under
subdivision (a) of Section 24117.
(5) The effective date is no earlier than the date upon and
continuously after which the member is determined to the satisfaction
of the board to have been mentally incompetent.
(6) The effective date is no earlier than the date upon which the
member completes payment of a service credit purchase pursuant to
Section 22801, 22820, or 22826, or payment of a redeposit of
contributions pursuant to Section 23200, except as provided in
Section 22801 or 22829.
(b) A member who files an application for service retirement may
change or cancel his or her retirement application, as long as the
form provided by the system is received in the system's headquarters
office no later than 30 days from the date the member's initial
benefit payment for the member's most recent retirement under the
Defined Benefit Program is paid by the system. If a member cancels
his or her retirement application, the member shall return the total
gross distribution amount of all payments for the canceled retirement
benefit to the system's headquarters office no later than 45 days
from the date of the member's initial benefit payment and shall be
liable for any adverse tax consequences that may result from these
actions.
(c) The retirement date of a member who files an application for
retirement pursuant to Section 24201 on or after January 1, 2012,
shall be no earlier than January 1, 2012.
(d) Nothing in this section shall be construed to allow a member
to receive more than one type of retirement or disability allowance
for the same period of time by virtue of his or her own membership.
A member retiring prior to 60 years of age, and who has
attained 55 years of age, may elect to receive one-half of the
service retirement allowance for normal retirement age for a limited
time and then revert to the full retirement allowance for normal
retirement age.
(a) The retirement allowance shall be based on service credit and
final compensation as of the date of retirement for service and shall
be calculated with the factor for normal retirement age.
(b) If the member elects a joint and survivor option under Section
24300 or 24300.1, the actuarial reduction shall be based on the
member's and beneficiary's ages as of the effective date of the early
retirement. If the member elected a preretirement option under
Section 24307, the actuarial reduction shall be based on the member's
and beneficiary's ages as determined by the provisions of that
section.
(c) One-half of the retirement allowance as of 60 years of age
shall be paid for a period of time equal to twice the elapsed time
between the effective date of retirement and the date of the retired
member's 60th birthday.
(d) The full retirement allowance as calculated under subdivision
(a) or (b) shall begin to accrue as of the first of the month
following the reduction period as specified in subdivision (c). The
full retirement allowance shall not begin to accrue prior to this
time under any circumstances, including, but not limited to, divorce
or death of the named beneficiary.
(e) The annual improvement factor provided for in Sections 22140
and 22141 shall be based upon the retirement allowance as calculated
under subdivision (a) or (b). The improvement factor shall begin to
accrue on September 1 following the retired member's 60th birthday.
These increases shall be accumulated and shall become payable when
the full retirement allowance for normal retirement age first becomes
payable.
(f) Any ad hoc benefit increase with an effective date prior to
the retired member's 60th birthday shall not affect an allowance
payable under this section. Only those ad hoc improvements with
effective dates on or after the retired member's 60th birthday shall
be accrued and accumulated and shall first become payable when the
full retirement allowance for normal retirement age becomes payable.
(g) The cancellation of an option election in accordance with
Section 24322 shall not cancel the election under this section. Upon
cancellation of the joint and survivor option, one-half of the
retired member's retirement allowance as calculated under subdivision
(a) shall become payable for the balance of the reduction period
specified in subdivision (c).
(h) If a retired member who has elected a joint and survivor
option dies during the period when the reduced allowance is payable,
the beneficiary shall receive one-half of the allowance payable to
the beneficiary until the date when the retired member would have
received the full retirement allowance for normal retirement age. At
that time, the beneficiary's allowance shall be increased to the full
amount payable to the beneficiary plus the appropriate annual
improvement factor increases and ad hoc increases.
(i) This section shall not apply to a member who retires for
service pursuant to Section 24201.5, 24209, 24209.3, 24210, 24211, or
24212.
(j) This section shall not apply to a member subject to the
California Public Employees' Pension Reform Act of 2013.
The minimum unmodified allowance for service retirement
under the Defined Benefit Program, exclusive of annuities payable
from accumulated annuity deposit contributions and exclusive of the
balance of credits in the member's Defined Benefit Supplement
account, shall not be less than ten dollars ($10) per month
multiplied by the member's years of credited service. This guaranteed
amount shall be reduced by the amount of an unmodified allowance
payable from a local system based on service credited under the
Defined Benefit Program. If the retirement is effective at less than
normal retirement age this allowance shall be reduced by one-half of
1 percent for each full month or fraction of a month that will elapse
until the member would have reached normal retirement age.
If a retired member terminates a service retirement
allowance and subsequently retires under this part, the minimum
retirement allowance shall be the allowance provided by Section
24206.
(a) A member retired for service under this part may
terminate the retirement allowance payable under this part and
applicable to his or her credited service upon written request to the
system effective upon a date designated by the member, subject to
the following conditions:
(1) The request for termination of the retirement allowance is
filed on a form provided by the system, and the form is executed no
earlier than six months before the effective date of the termination.
(2) The effective date of the termination of the retirement
allowance is no earlier than the first day of the month in which the
request for termination is received in the system's headquarters
office or no earlier than one day after the benefit effective date of
the most recent retirement, whichever is later.
(b) A member who files a request for termination of the retirement
allowance may cancel the termination upon written request to the
system, provided that the cancellation request is received in the
system's headquarters office no later than the last day of the month
in which the termination is effective.
(c) A member whose retirement allowance is terminated pursuant to
this section may apply for retirement pursuant to Section 24209 or
Section 24209.3, in accordance with Section 24204.
(d) A member whose retirement allowance is terminated pursuant to
this section may not file a preretirement election of an option
pursuant to Section 24307 within one year of reinstatement that
elects either a different option or a different beneficiary or set of
beneficiaries, or both, than were in effect at the time the
retirement allowance was terminated.
(e) A member whose retirement allowance is terminated pursuant to
this section and retires pursuant to Section 24209 with a benefit
effective date within one year of reinstatement shall elect the same
option and beneficiary or beneficiaries that were in effect at the
time the retirement allowance was terminated.
(a) Upon retirement for service following reinstatement, the
member shall receive a service retirement allowance equal to the sum
of both of the following:
(1) An amount equal to the monthly allowance the member was
eligible to receive immediately preceding the most recent
reinstatement, exclusive of any amounts payable pursuant to Section
22714 or 22715, increased by the improvement factor that would have
been applied to the allowance if the member had not reinstated.
(2) An amount calculated pursuant to Section 24202, 24202.5,
24202.6, 24203, 24203.5, or 24206 based on credited service accrued,
including any service granted pursuant to Section 22717 or 22717.5,
subsequent to the most recent reinstatement, the member's age on the
last day of the month in which the retirement allowance begins to
accrue, and final compensation.
(b) If the total amount of credited service accrued, other than
that accrued pursuant to Sections 22714, 22715, 22717, 22717.5, and
22826, is equal to or greater than 30 years, the amounts identified
in paragraphs (1), for members who initially retired on or after
January 1, 1999, and (2) of subdivision (a) shall be calculated
pursuant to Section 24203.5.
(c) If the total amount of credited service accrued, other than
that accrued pursuant to Sections 22714, 22715, 22717, 22717.5, and
22826, is equal to or greater than 30 years, upon retirement for
service following reinstatement, a member who retired pursuant to
Section 24213, and received the terminated disability allowance for
the prior retirement, shall receive a service retirement allowance
equal to the sum of the following:
(1) An amount based on the credited service accrued, including any
service granted pursuant to Section 22717 or 22717.5, prior to the
effective date of the disability allowance, the member's age at the
prior retirement increased by the factor provided in Section 24203.5,
and projected final compensation.
(2) An amount calculated pursuant to Section 24202, 24202.5,
24202.6, 24203.5, or 24206 based on credited service accrued,
including any service granted pursuant to Section 22717 or 22717.5,
subsequent to the reinstatement, the member's age on the last day of
the month in which the retirement allowance begins to accrue, and
final compensation using compensation earnable, or projected final
compensation, or a combination of both.
(d) For purposes of this section, final compensation shall not be
based on a determination of compensation earnable as described in
subdivision (e) of Section 22115.
(a) Notwithstanding subdivision (a) of Section 24209, and
exclusive of any amounts payable during the prior retirement for
service pursuant to Section 22714, or 22715:
(1) A member who retired, other than pursuant to Section 24210,
24211, 24212, or 24213, and who reinstates and performs creditable
service, as defined in Section 22119.5, after the most recent
reinstatement, in an amount equal to two or more years of credited
service, shall, upon retirement for service on or after the effective
date of this section, receive a service retirement allowance equal
to the sum of the following:
(A) An amount calculated pursuant to this chapter based on
credited service accrued, including any service granted pursuant to
Section 22717 or 22717.5, prior to the most recent reinstatement,
using the member's age at the subsequent service retirement, from
which age shall be deducted the total time during which the member
was retired for service, and final compensation.
(B) An amount calculated pursuant to this chapter based on
credited service accrued, including any service granted pursuant to
Section 22717 or 22717.5, subsequent to the most recent
reinstatement, using the member's age on the last day of the month in
which the retirement allowance begins to accrue, and final
compensation.
(2) A member who retired pursuant to Section 24210 and who
reinstates and performs creditable service, as defined in Section
22119.5, after the most recent reinstatement, in an amount equal to
two or more years of credited service, shall, upon retirement for
service on or after the effective date of this section, receive a
service retirement allowance equal to the sum of the following:
(A) An amount calculated pursuant to this chapter based on
credited service accrued, including any service granted pursuant to
Section 22717 or 22717.5, prior to the effective date of the
disability retirement, using the member's age at the subsequent
service retirement, from which age shall be deducted the total time
during which the member was retired for service, and indexed final
compensation to the effective date of the initial service retirement.
(B) An amount calculated pursuant to this chapter based on the
credited service accrued, including any service granted pursuant to
Section 22717 or 22717.5, after termination of the disability
retirement, excluding credited service accrued or granted subsequent
to the most recent reinstatement, using the member's age at the
subsequent service retirement, from which age shall be deducted the
total time during which the member was retired for service, and final
compensation.
(C) An amount calculated pursuant to this chapter based on
credited service accrued, including any service granted pursuant to
Section 22717 or 22717.5, subsequent to the most recent
reinstatement, using the member's age on the last day of the month in
which the retirement allowance begins to accrue, and final
compensation.
(3) A member who retired pursuant to Section 24211 and who
reinstates and performs creditable service, as defined in Section
22119.5, after the most recent reinstatement, in an amount equal to
two or more years of credited service, shall, upon retirement for
service on or after the effective date of this section, receive a
service retirement allowance equal to the sum of the following:
(A) The greater of (i) the disability allowance the member was
eligible to receive immediately prior to termination of that
allowance, excluding the children's portion, or (ii) an amount
calculated pursuant to this chapter based on credited service accrued
prior to the effective date of the disability allowance, excluding
credited service accrued or granted pursuant to Section 22717 or
22717.5 or Chapter 14 (commencing with Section 22800) or Chapter 14.2
(commencing with Section 22820) or Chapter 19 (commencing with
Section 23200), using the member's age at the subsequent service
retirement, from which age shall be deducted the total time during
which the member was retired for service, and final compensation
using compensation earnable, or projected final compensation
earnable, or a combination of both.
(B) An amount equal to either of the following:
(i) For a member who was receiving a benefit pursuant to
subdivision (a) of Section 24211, an amount calculated pursuant to
this chapter based on credited service accrued at the time of the
retirement pursuant to Section 24211, excluding credited service
accrued or granted prior to the effective date of the disability
allowance or pursuant to Section 22717 or 22717.5 or Chapter 14
(commencing with Section 22800) or Chapter 14.2 (commencing with
Section 22820) or Chapter 19 (commencing with Section 23200), the
member's age at the subsequent service retirement, from which age
shall be deducted the total time during which the member was retired
for service, and final compensation using compensation earnable, or
projected final compensation, or a combination of both.
(ii) For a member who was receiving a benefit pursuant to
subdivision (b) of Section 24211, an amount calculated pursuant to
this chapter based on projected service at the time of the retirement
pursuant to Section 24211, excluding credited service accrued or
granted prior to the effective date of the disability allowance or
pursuant to Section 22717 or 22717.5 or Chapter 14 (commencing with
Section 22800) or Chapter 14.2 (commencing with Section 22820) or
Chapter 19 (commencing with Section 23200), the member's age at the
subsequent service retirement, from which age shall be deducted the
total time during which the member was retired for service, and final
compensation using compensation earnable, or projected final
compensation, or a combination of both.
(C) An amount based on any credited service accrued or granted
pursuant to Section 22717 or 22717.5 or Chapter 14 (commencing with
Section 22800) or Chapter 14.2 (commencing with Section 22820) or
Chapter 19 (commencing with Section 23200), at the time of the
retirement pursuant to Section 24211, using the member's age at the
subsequent service retirement, from which age shall be deducted the
total time during which the member was retired for service, and final
compensation using compensation earnable, or projected final
compensation, or a combination of both.
(D) An amount calculated pursuant to this chapter based on
credited service accrued subsequent to the most recent reinstatement,
including credited service accrued or granted pursuant to Section
22714, 22715, 22717, or 22717.5 or Chapter 14 (commencing with
Section 22800) or Chapter 14.2 (commencing with Section 22820) or
Chapter 19 (commencing with Section 23200), using the member's age on
the last day of the month in which the retirement allowance begins
to accrue, and final compensation using compensation earnable, or
projected final compensation, or a combination of both.
(4) A member who retired pursuant to Section 24212 or 24213 and
who reinstates and performs creditable service, as defined in Section
22119.5, after the most recent reinstatement, in an amount equal to
two or more years of credited service, shall, upon retirement for
service on or after the effective date of this section, receive a
service retirement allowance equal to the sum of the following:
(A) An amount calculated pursuant to this chapter based on the
member's projected service at the time of the retirement pursuant to
Section 24212 or 24213, including credited service accrued or granted
pursuant to Section 22717 or 22717.5 or Chapter 14 (commencing with
Section 22800) or Chapter 14.2 (commencing with Section 22820) or
Chapter 19 (commencing with Section 23200), using the member's age at
the subsequent service retirement, from which age shall be deducted
the total time during which the member was retired for service, and
final compensation using compensation earnable, or projected final
compensation, or a combination of both.
(B) An amount calculated pursuant to this chapter based on
credited service accrued subsequent to the most recent reinstatement,
including credited service accrued or granted pursuant to Section
22714, 22715, 22717, or 22717.5 or Chapter 14 (commencing with
Section 22800) or Chapter 14.2 (commencing with Section 22820) or
Chapter 19 (commencing with Section 23200), using the member's age on
the last day of the month in which the retirement allowance begins
to accrue, and final compensation using compensation earnable, or
projected final compensation, or a combination of both.
(b) If the total amount of credited service, other than projected
service, or service that accrued or was granted pursuant to Sections
22714, 22715, 22717, 22717.5, and 22826, is equal to or greater than
the number of years required to be eligible for an increased
allowance pursuant to this chapter or Section 22134.5, the amounts
identified in this section shall be calculated pursuant to the
section authorizing the increased benefit.
(c) For members receiving an allowance pursuant to Section 24410.5
or 24410.6, the amount payable pursuant to this section shall not be
less than the amount payable to the member as of the effective date
of reinstatement.
(d) The amount payable pursuant to this section shall not be less
than the amount that would be payable to the member pursuant to
Section 24209.
(e) For purposes of determining an allowance increase pursuant to
Sections 24415 and 24417, the calendar year of retirement shall be
the year of the subsequent retirement if the final compensation used
to calculate the allowance pursuant to this section is higher than
the final compensation used to calculate the allowance for the prior
retirement.
(f) The allowance paid pursuant to this section to a member
receiving a lump-sum payment pursuant to Section 24221 shall be
actuarially reduced to reflect that lump-sum payment.
(g) For purposes of this section, final compensation shall not be
based on a determination of compensation earnable as described in
subdivision (e) of Section 22115.
Upon retirement for service following a prior disability
retirement granted pursuant to Chapter 26 (commencing with Section
24100) that was terminated, the member shall receive a service
retirement allowance calculated pursuant to Section 24202, 24202.5,
24202.6, 24203, 24203.5, 24203.6, or 24206 and equal to the sum of
both of the following:
(a) An amount based on credited service accrued, including any
service granted pursuant to Section 22717 or 22717.5, prior to the
effective date of the disability retirement, the member's age on the
last day of the month in which the retirement allowance begins to
accrue, and indexed final compensation to the effective date of the
service retirement.
(b) An amount based on the credited service accrued, including any
service granted pursuant to Section 22717 or 22717.5, after
termination of the disability retirement, the member's age on the
last day of the month in which the retirement allowance begins to
accrue, and final compensation.
When a member who has been granted a disability allowance
under this part after June 30, 1972, returns to employment subject to
coverage under the Defined Benefit Program and performs:
(a) Less than three years of creditable service after termination
of the most recent disability allowance, the member shall receive a
retirement allowance which is the sum of the allowance calculated on
credited service accrued after the termination date of the disability
allowance, excluding credited service accrued or granted pursuant to
Section 22717 or 22717.5 or Chapter 14 (commencing with Section
22800) or Chapter 14.2 (commencing with Section 22820) or Chapter 19
(commencing with Section 23200), the age of the member on the last
day of the month in which the retirement allowance begins to accrue,
and final compensation using compensation earnable or projected final
compensation, or a combination of both, plus the greater of either
of the following:
(1) A service retirement allowance calculated on credited service
accrued as of the effective date of the disability allowance,
excluding credited service accrued or granted pursuant to Section
22717 or 22717.5 or Chapter 14 (commencing with Section 22800) or
Chapter 14.2 (commencing with Section 22820) or Chapter 19
(commencing with Section 23200), the member's age on the last day of
the month in which the retirement allowance begins to accrue, and
projected final compensation to the termination date of the
disability allowance.
(2) The disability allowance the member was eligible to receive
immediately prior to termination of the most recent disability
allowance, excluding children's portions.
(b) Three or more years of creditable service after termination of
the most recent disability allowance, the member shall receive a
retirement allowance that is the greater of the following:
(1) A service retirement allowance calculated on all actual and
projected service, excluding credited service accrued or granted
pursuant to Section 22717 or 22717.5 or Chapter 14 (commencing with
Section 22800) or Chapter 14.2 (commencing with Section 22820) or
Chapter 19 (commencing with Section 23200), the member's age on the
last day of the month in which the retirement allowance begins to
accrue, and final compensation using compensation earnable, or
projected final compensation, or a combination of both.
(2) The disability allowance the member was eligible to receive
immediately prior to termination of the most recent disability
allowance, excluding children's portions.
(c) The allowance shall be increased by an amount based on any
credited service accrued or granted pursuant to Section 22714, 22715,
22717, or 22717.5 or Chapter 14 (commencing with Section 22800) or
Chapter 14.2 (commencing with Section 22820) or Chapter 19
(commencing with Section 23200), the member's age on the last day of
the month in which the retirement allowance begins to accrue, and
final compensation using compensation earnable, or projected final
compensation, or a combination of both.
(d) If the total amount of credited service, other than projected
service or credited service that accrued or was granted pursuant to
Sections 22714, 22715, 22717, 22717.5, and 22826, is equal to or
greater than 30 years, the amounts identified in subdivisions (a) to
(c), inclusive, shall be calculated pursuant to Sections 24203.5 and
24203.6.
(e) For purposes of this section, final compensation shall not be
based on a determination of compensation earnable as described in
subdivision (e) of Section 22115.
(f) Upon retirement, the member may elect to modify the service
retirement allowance payable in accordance with any option provided
under this part.
(a) If a disability allowance granted under this part after
June 30, 1972, is terminated for reasons other than those specified
in Section 24213 and the member does not return to employment subject
to coverage under the Defined Benefit Program, the member's service
retirement allowance, when payable, shall be based on projected
service, excluding credited service accrued or granted pursuant to
Section 22717 or 22717.5 or Chapter 14 (commencing with Section
22800) or Chapter 14.2 (commencing with Section 22820), or Chapter 19
(commencing with Section 23200), projected final compensation, and
the member's age on the last day of the month in which the retirement
allowance begins to accrue. The allowance payable under this
section, excluding annuities payable from accumulated annuity deposit
contributions, shall not be greater than the disability allowance
the member was eligible to receive immediately prior to the earlier
of the termination of that allowance or at normal retirement age,
excluding children's portions.
(b) The allowance shall be increased by an amount based on any
credited service accrued or granted pursuant to Section 22717 or
22717.5 or Chapter 14 (commencing with Section 22800) or Chapter 14.2
(commencing with Section 22820) or Chapter 19 (commencing with
Section 23200), the member's age on the last day of the month in
which the retirement allowance begins to accrue, and final
compensation using compensation earnable, or projected final
compensation, or a combination of both.
(c) If the total amount of credited service, other than projected
service or credited service that accrued or was granted pursuant to
Sections 22717, 22717.5, and 22826, is equal to or greater than 30
years, the amounts identified in subdivisions (a) and (b) shall be
calculated pursuant to Sections 24203.5 and 24203.6.
(d) Upon retirement, the member may elect to modify the service
retirement allowance payable in accordance with any option provided
under this part.
(a) When a member who has been granted a disability
allowance under this part after June 30, 1972, attains normal
retirement age, or at a later date when there is no dependent child,
the disability allowance shall be terminated and the member shall be
eligible for service retirement. The retirement allowance shall be
calculated on the projected final compensation and projected service
to normal retirement age, excluding credited service accrued or
granted pursuant to Section 22717 or 22717.5 or Chapter 14
(commencing with Section 22800) or Chapter 14.2 (commencing with
Section 22820) or Chapter 19 (commencing with Section 23200), and the
member's age on the last day of the month in which the retirement
allowance begins to accrue. The allowance payable under this section,
excluding annuities payable from accumulated annuity deposit
contributions, shall not be greater than the disability allowance the
member was eligible to receive immediately prior to normal
retirement age, excluding children's portions.
(b) The allowance shall be increased by an amount based on any
credited service accrued or granted pursuant to Section 22717 or
22717.5 or Chapter 14 (commencing with Section 22800) or Chapter 14.2
(commencing with Section 22820) or Chapter 19 (commencing with
Section 23200), the member's age on the last day of the month in
which the retirement allowance begins to accrue, and projected final
compensation to normal retirement age.
(c) If the total amount of credited service accrued, other than
projected service or credited service that accrued or was granted
pursuant to Sections 22717, 22717.5, and 22826, is equal to or
greater than 30 years, the amounts identified in subdivisions (a) and
(b) shall be calculated pursuant to Sections 24203.5 and 24203.6.
(d) Upon retirement, the member may elect to modify the service
retirement allowance payable in accordance with any option provided
under this part.
(a) A member retired for service under this part may perform
retired member activities, but the member shall not make
contributions to the retirement fund or accrue service credit based
on compensation earned from that service. The employer shall maintain
accurate records of the earnings of the retired member and report
those earnings monthly to the system and retired member as described
in Section 22461.
(b) If a member is retired for service under this part, the
annualized rate of pay for retired member activities, performed by
that member shall not be less than the minimum, nor exceed the
maximum, paid by the employer to other employees performing
comparable duties.
(c) A member retired for service under this part shall not be
required to reinstate for performing retired member activities.
(d) A member retired for service under this part may earn
compensation for performing retired member activities in any one
school year up to the limitation specified in subdivision (f) without
a reduction in his or her retirement allowance.
(e) The postretirement compensation limitation provisions set
forth in this section are not applicable to compensation earned for
the performance of retired member activities that are not wholly or
in part supported by state, local, or federal funds.
(f) (1) The limitation that shall apply to the compensation paid
in cash to the retired member for performance of retired member
activities, excluding reimbursements paid by an employer for expenses
incurred by the member in which payment of the expenses by the
member is substantiated, shall, in any one school year, be an amount
calculated by the system each July 1 equal to one-half of the median
final compensation of all members who retired for service during the
fiscal year ending in the previous calendar year.
(2) For written agreements pertaining to the performance of
retired member activities entered into, extended, renewed, or amended
on or after January 1, 2014, the limitation in paragraph (1) shall
also apply to payments made for the performance of retired member
activities, 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.
(g) If a member retired for service under this part earns
compensation for performing retired member activities, in excess of
the limitation specified in subdivision (f), and if that compensation
is not exempt from that limitation under subdivision (e) or (h) or
any other law, the member's retirement allowance shall be reduced by
the amount of the excess compensation. The amount of the reduction in
an individual month shall be no more than the monthly allowance
payable in that month, and the total amount of the reduction shall
not exceed the amount of the annual allowance payable under this part
for the fiscal year in which the excess compensation was earned
after any reduction made in accordance with subdivision (h) of
Section 24214.5.
(h) The limitation specified in this section is not applicable to
compensation paid to a member retired for service under this part who
has returned to work after the date of retirement:
(1) As a trustee appointed by the Superintendent pursuant to
Section 41320.1.
(2) As a fiscal adviser or fiscal expert appointed by a county
superintendent of schools pursuant to Article 2 (commencing with
Section 42122) of Chapter 6 of Part 24 of Division 3 of Title 2.
(3) As a receiver or trustee appointed by the state board pursuant
to Article 3.1 (commencing with Section 52055.57) of Chapter 6.1 of
Part 28 of Division 4 of Title 2.
(4) As a special trustee appointed by the Board of Governors of
the California Community Colleges pursuant to Section 84040.
(i) The Superintendent, the Executive Director of the State Board
of Education, the Chancellor of the California Community Colleges, or
the county superintendent of schools exercising the exemption
pursuant to subdivision (h) shall submit all documentation required
by the system to substantiate the eligibility of the retired member
for the exemption, including compliance with subdivisions (j) and
(k). The documentation shall be received by the system prior to the
retired member's performance of retired member activities.
(j) Subdivision (h) shall not apply to a retired member who has
not attained normal retirement age at the time the compensation is
earned by the member, received additional service credit pursuant to
Section 22714 or 22715, or received from any public employer any
financial inducement to retire in the previous six months. For
purposes of this section and Section 24214.5, "financial inducement
to retire" includes, but is not limited to, any form of compensation
or other payment that is paid directly or indirectly by a public
employer to the member, even if not in cash, either before or after
retirement, if the member retires for service on or before a specific
date or specific range of dates established by the public employer
on or before the date the inducement is offered. The system shall
liberally interpret this subdivision to further the Legislature's
intent to make subdivision (h) inapplicable to members if the member
received a financial incentive from any public employer to retire or
otherwise terminate employment with the public employer.
(k) The documentation required for subdivision (i) shall include
certification of the following:
(1) The position was first advertised for appointment to current
active or inactive members of the program with the necessary
qualifications to perform the requirements of the position and no
qualified current active or inactive member was available to be
appointed.
(2) The appointing authority made a good faith effort to hire a
retired member who reinstated to active membership for the position
at the same salary that was offered as first advertised pursuant to
paragraph (1).
(3) The appointing authority, having tried and failed to hire a
current active or inactive member or a reinstated retired member,
hired a retired member and the salary offered to the retired member
subject to this paragraph does not exceed the salary that was offered
as first advertised pursuant to paragraph (1).
(4) The salary paid shall be no greater than the salary offered to
current active members for the appointed position.
(l) The amendments to this section enacted during the 1995-96
Regular Session shall be deemed to have become operative on July 1,
1996.
(m) The amendments to this section enacted during the second year
of the 2011-12 Regular Session shall apply to compensation paid
during the 2012-13 and 2013-14 fiscal years.
(n) The amendments to this section enacted during the first year
of the 2013-14 Regular Session shall apply to compensation paid on or
after January 1, 2014.
(o) This section shall become inoperative on July 1, 2017, and, as
of January 1, 2018, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2018, deletes or
extends the dates on which it becomes inoperative and is repealed.
(a) A member retired for service under this part may perform
retired member activities, but the member shall not make
contributions to the retirement fund or accrue service credit based
on compensation earned from that service. The employer shall maintain
accurate records of the earnings of the retired member and report
those earnings monthly to the system and retired member as described
in Section 22461.
(b) If a member is retired for service under this part, the
annualized rate of pay for retired member activities performed by
that member shall not be less than the minimum, nor exceed the
maximum, paid by the employer to other employees performing
comparable duties.
(c) A member retired for service under this part shall not be
required to reinstate for performing retired member activities.
(d) A member retired for service under this part may earn
compensation for performing retired member activities in any one
school year up to the limitation specified in subdivision (f) without
a reduction in his or her retirement allowance.
(e) The postretirement compensation limitation provisions set
forth in this section are not applicable to compensation earned for
the performance of retired member activities that are not wholly or
in part supported by state, local, or federal funds.
(f) (1) The limitation that shall apply to the compensation paid
in cash to the retired member for performance of retired member
activities, excluding reimbursements paid by an employer for expenses
incurred by the member in which payment of the expenses by the
member is substantiated, shall, in any one school year, be an amount
calculated by the system each July 1 equal to one-half of the median
final compensation of all members who retired for service during the
fiscal year ending in the previous calendar year.
(2) For written agreements pertaining to the performance of
retired member activities entered into, extended, renewed, or amended
on or after January 1, 2014, the limitation in paragraph (1) shall
also apply to payments made for the performance of retired member
activities, 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.
(g) If a member retired for service under this part earns
compensation for performing retired member activities, in excess of
the limitation specified in subdivision (f), the member's retirement
allowance shall be reduced by the amount of the excess compensation.
The amount of the reduction in an individual month shall be no more
than the monthly allowance payable in that month, and the total
amount of the reduction shall not exceed the amount of the annual
allowance payable under this part for the fiscal year in which the
excess compensation was earned after any reduction made in accordance
with subdivision (h) of Section 24214.5.
(h) The language of this section derived from the amendments to
the section of this number added by Chapter 394 of the Statutes of
1995, enacted during the 1995-96 Regular Session, is deemed to have
become operative on July 1, 1996.
(i) This section shall become operative on July 1, 2017.
(a) (1) Notwithstanding subdivision (f) of Section 24214,
the postretirement compensation limitation that shall apply to the
compensation paid in cash to the retired member for performance of
retired member activities, excluding reimbursements paid by an
employer for expenses incurred by the member in which payment of the
expenses by the member is substantiated, shall be zero dollars ($0)
during the first 180 calendar days after the most recent retirement
of a member retired for service under this part.
(2) For written agreements pertaining to the performance of
retired member activities entered into, extended, renewed, or amended
on or after January 1, 2014, the limitation in paragraph (1) shall
also apply to payments made for the performance of retired member
activities, 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.
(b) If the retired member has attained normal retirement age at
the time the compensation is earned, subdivision (a) shall not apply
and Section 24214 shall apply if the appointment has been approved by
the governing body of the employer in a public meeting, as reflected
in a resolution adopted by the governing body of the employer prior
to the performance of retired member activities, expressing its
intent to seek an exemption from the limitation specified in
subdivision (a). Approval of the appointment may not be placed on a
consent calendar. Notwithstanding any other provision of Article 3.5
(commencing with Section 6250) of Division 7 of Title 1 of the
Government Code or any state or federal law incorporated by
subdivision (k) of Section 6254 of the Government Code, the
resolution shall be subject to disclosure by the entity adopting the
resolution and the system. The resolution shall include the following
specific information and findings:
(1) The nature of the employment.
(2) A finding that the appointment is necessary to fill a
critically needed position before 180 calendar days have passed.
(3) A finding that the member is not ineligible for application of
this subdivision pursuant to subdivision (d).
(4) A finding that the termination of employment of the retired
member with the employer is not the basis for the need to acquire the
services of the member.
(c) Subdivision (b) shall not apply to a retired member whose
termination of employment with the employer is the basis for the need
to acquire the services of the member.
(d) Subdivision (b) shall not apply if the retired member received
additional service credit pursuant to Section 22714 or 22715 or
received from any public employer any financial inducement to retire.
For purposes of this section, "financial inducement to retire"
includes, but is not limited to, any form of compensation or other
payment that is paid directly or indirectly by a public employer to
the member, even if not in cash, either before or after retirement,
if the participant retires for service on or before a specific date
or specific range of dates established by a public employer on or
before the date the inducement is offered. The system shall liberally
interpret this subdivision to further the Legislature's intent to
make subdivision (b) inapplicable to members if the member received a
financial incentive from any public employer to retire or otherwise
terminate employment with a public employer.
(e) The Superintendent, the county superintendent of schools, or
the chief executive officer of a community college shall submit all
documentation required by the system to substantiate the eligibility
of the retired member for application of subdivision (b), including,
but not limited to, the resolution adopted pursuant to that
subdivision.
(f) The documentation required by this section shall be received
by the system prior to the retired member's performance of retired
member activities.
(g) Within 30 calendar days after the receipt of all documentation
required by the system pursuant to this section, the system shall
inform the entity seeking application of the exemption specified in
subdivision (b), and the retired member whether the compensation paid
to the member will be subject to the limitation specified in
subdivision (a).
(h) If a member retired for service under this part earns
compensation for performing retired member activities in excess of
the limitation specified in subdivision (a), the member's retirement
allowance shall be reduced by the amount of the excess compensation.
The amount of the reduction in an individual month shall be no more
than the monthly allowance payable in that month, and the total
amount of the reduction shall not exceed the amount of the allowance
payable during the first 180 calendar days, after a member retired
for service under this part.
(i) The amendments to this section enacted during the first year
of the 2013-14 Regular Session shall apply to compensation paid on or
after January 1, 2014.
A member retired for service under this part whose last
employment was in the California State University, as a member of the
Defined Benefit Program or the Public Employees' Retirement System,
may serve as a member of the teaching staff of the California State
University and shall be subject to the employment limitations as
provided by the Public Employees' Retirement Law (Part 3 (commencing
with Section 20000) of Division 5 of Title 2 of the Government Code).
A person who was a member under this part on June 30, 1972,
and had five or more years of service and who had attained age 55
years, shall have the option of receiving the allowance payable under
Section 14245, as it read on that date in lieu of the allowance
payable under subdivision (a) of Section 24202.
For the purpose of calculating retirement allowances, credit
for service performed between June 30, 1956, and July 1, 1968, on a
part-time basis in each school year shall be based on the ratio that
service performed bears to the minimum full-time service required for
credit for a year of service.
Members who were retired under a previously existing local
teachers' retirement system or the San Francisco Employees'
Retirement System prior to July 1, 1972, who have not retired under
this part for the local system service performed prior to July 1,
1972, shall have that portion of the retirement allowance computed
under the law in effect on June 30, 1972, whenever they retire in the
future.
(a) A member who retires for service prior to January 1,
2011, may elect, on a form prescribed by the system, to receive a
lump-sum payment and an actuarially reduced monthly allowance
pursuant to this section in lieu of the monthly unmodified allowance
that would otherwise be payable to the member pursuant to this
chapter. The election under this section shall be made at the time
the member files his or her application for service retirement
allowance as provided in Section 24204.
(b) A member who makes the election described in subdivision (a)
shall receive a one-time, lump-sum payment in an amount that equals
or does not exceed the lesser of the following amounts:
(1) The actuarial present value of the amount by which (A) the
monthly unmodified allowance payable to the member pursuant to this
chapter exceeds (B) an amount equal to 2 percent of the member's
final compensation multiplied by the number of years of credited
service and divided by 12.
(2) Fifteen percent of the actuarial present value of the monthly
unmodified allowance payable to the member under this chapter.
(c) Notwithstanding any other provision of this part, a member who
makes the election described in subdivision (a) shall receive a
monthly unmodified allowance, pursuant to this chapter, that shall be
actuarially reduced to reflect the lump-sum amount paid under
subdivision (b). The actuarial reduced unmodified allowance may be
modified pursuant to Section 24300 or 24300.1.
(d) A member may not apply a lump-sum payment made pursuant to
this section for the purposes of redepositing previously refunded
retirement contributions pursuant to Chapter 19 (commencing with
Section 23200) or purchasing service credit pursuant to Chapter 14
(commencing with Section 22800), Chapter 14.2 (commencing with
Section 22820) or Chapter 14.5 (commencing with Section 22850). The
Legislature hereby finds and declares that if a member who elects to
receive a partial lump-sum payment also elects to redeposit
previously refunded retirement contributions or purchase service
credit as a result of the receipt of the lump-sum payment, the
Defined Benefit Program may experience a net actuarial impact.
(e) An election pursuant to subdivision (a) may have no net
actuarial impact to the Defined Benefit Program. The board shall
adopt present value factors to establish a corresponding actuarially
reduced monthly allowance, that results in no net actuarial impact to
the Defined Benefit Program. The Legislature reserves the right to
modify the provisions of this section to further the objective of
permitting eligible members to receive a lump-sum distribution of a
portion of their benefits, with a corresponding actuarial reduction
in their monthly allowance, so that there is no net actuarial impact
to the Defined Benefit Program.
(f) This section shall not apply to a member who retires for
service pursuant to Section 24201.5.