Section 25100 Of Chapter 39. School Employer Retirement Investment Product Vendor Registration Process And Information Bank From California Education Code >> Division 1. >> Title 1. >> Part 13. >> Chapter 39.
25100
. (a) The board shall establish a vendor registration process
through which information about tax-deferred retirement investment
products as described in Section 403(b) of the Internal Revenue Code
of 1986 shall be made available for consideration by public employees
of all local school districts, community college districts, county
offices of education, and state employees of a state employer under
the uniform state payroll system, excluding the California State
University System, eligible to participate in an annuity contract and
custodial account as described in Section 403(b) of the Internal
Revenue Code of 1986.
(b) For the purposes of this chapter, "403(b) product or 403(b)
products" means tax-deferred retirement investment products as
described in Section 403(b) of the Internal Revenue Code of 1986, and
its subsequent amendments, and complying with applicable California
insurance laws, and federal and California securities laws and rules
as applied by appropriate regulatory entities.
(c) For the purposes of this chapter:
(1) "Employer" means any local school district, community college
district, or county office of education, or any state employer under
the uniform state payroll system, excluding the California State
University System, with employees eligible to participate in an
annuity contract and custodial account as described in Section 403(b)
of the Internal Revenue Code of 1986, with the Controller acting on
the state employer's behalf.
(2) "Vendor" means:
(A) A public retirement system, broker-dealer, registered
investment company, nonbank custodian, or life insurance company
qualified to do business in California that provides a 403(b)
product. "Vendor" does not include individual registered
representatives, brokers, financial planners, or agents.
(B) A statewide employee organization with an active membership
primarily composed of persons employed in public education, or its
wholly controlled affiliate, that has entered into a legally binding
agreement with a bank custodian, as described in Section 401(f)(2) of
the Internal Revenue Code, for the purpose of offering a custodial
account meeting the requirements of Section 403(b)(7) of the Internal
Revenue Code.
(3) "Nonbank custodian" means a fund custodian, other than a bank,
that meets the criteria of a trustee specified in Section 408(a)(2)
of the Internal Revenue Code.
(4) "Broker-dealer" means only those broker-dealers who offer a
proprietary 403(b) product or who charge fees that are otherwise not
disclosed.