reglab/statecodes huggingface dataset:
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 13 - STATE TEACHERS' RETIREMENT SYSTEM › CHAPTER 17 - Employer Collection and Reporting Procedures › Section 23012.

23012. (a) For the purpose of remitting contributions, assessments, or any other payment required by the system, the county superintendent of schools that reports directly to the system may, on an annual basis or as otherwise directed by the system, draw requisitions against the county school service fund and the funds of the county’s respective employing agencies in amounts equal to the total required to be paid by the employing agency.
(b) Additionally, the county superintendent of schools may draw requisitions against the county school service fund and the funds of the county’s respective employing agencies, as applicable, in amounts necessary for recovering payments made pursuant to Section 24616.2.
(Added by Stats. 2022, Ch. 754, Sec. 9. (AB 1667) Effective January 1, 2023.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 13 - STATE TEACHERS' RETIREMENT SYSTEM › CHAPTER 18 - Refund of Contributions › Section 23100.

23100. (a) Upon termination of employment, a member may elect to be paid, pursuant to this part, each of the following:
(1) The member’s accumulated retirement contributions made after June 30, 1935.
(2) The member’s accumulated annuity deposit contributions.
(3) An amount equal to the balance of credits in the member’s Defined Benefit Supplement account.
(b) Accumulated retirement contributions and accumulated annuity deposit contributions shall include credited interest through the date of payment.
(c) Accumulated retirement contributions shall be reduced by the amount of retirement or disability benefits paid to a member pursuant to this part.
(Amended by Stats. 2011, Ch. 703, Sec. 8. (SB 349) Effective January 1, 2012.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 13 - STATE TEACHERS' RETIREMENT SYSTEM › CHAPTER 18 - Refund of Contributions › Section 23101.

23101. (a) When a member’s accumulated retirement contributions are refunded, as provided in Section 23100, all rights to benefits pertaining to the service credit represented by those contributions under this part are forfeited. Those rights and benefits, based upon service performed prior to refund, shall not be restored until the member has redeposited the total of the refunded accumulated retirement contributions, and paid the regular interest thereon as provided in Chapter 19 (commencing with Section 23200).
(b) In addition to the rights and benefits described in subdivision (a), any beneficiary designation made by a member pursuant to Chapter 20 (commencing with Section 23300) and Chapter 28 (commencing with Section 24300) under this part shall be invalidated upon the refund of the member’s accumulated retirement contributions.
(Amended by Stats. 2011, Ch. 703, Sec. 9. (SB 349) Effective January 1, 2012.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 13 - STATE TEACHERS' RETIREMENT SYSTEM › CHAPTER 18 - Refund of Contributions › Section 23102.

23102. Prior to the system paying a refund of accumulated retirement contributions under this part, the employer shall certify that the member’s employment has been terminated in a format prescribed by the system unless the employment was terminated 12 months or more prior to the date the refund application is received by the system’s headquarters office.
(Amended by Stats. 2019, Ch. 96, Sec. 15. (AB 644) Effective January 1, 2020.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 13 - STATE TEACHERS' RETIREMENT SYSTEM › CHAPTER 18 - Refund of Contributions › Section 23103.

23103. Refunds to a member shall be made upon request of the member on a properly executed form prescribed by the system, or may be made without a request if it is determined by the board that the member’s employment is permanently terminated and the member does not have enough credited service under the Defined Benefit Program to qualify for service retirement under this part.
(Amended by Stats. 2011, Ch. 703, Sec. 10. (SB 349) Effective January 1, 2012.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 13 - STATE TEACHERS' RETIREMENT SYSTEM › CHAPTER 18 - Refund of Contributions › Section 23104.

23104. (a) Deposit in the United States mail of an initial warrant drawn as directed by the member as a refund of contributions upon termination of employment, and addressed to the address directed by the member, constitutes a return of the member’s accumulated retirement contributions under this part. In lieu of an initial warrant, the system may initiate a disbursement by electronic funds transfer to a specific account at a financial institution as directed by the member as a refund of contributions upon termination of employment, which shall constitute a return of the member’s accumulated retirement contributions under this part.
(b) Except as provided in subdivision (e), if the member has elected on a form provided by the system to transfer all or a specified portion of the accumulated retirement contributions that are eligible for direct trustee-to-trustee transfer to the trustee of a qualified plan under Section 402 of the Internal Revenue Code of 1986 (26 U.S.C. Sec. 402), deposit in the United States mail of a notice that the requested transfer has been made constitutes a return of the member’s accumulated retirement contributions under this part.
(c) Except as provided in subdivision (e), for refunds not involving direct trustee-to-trustee transfers, if the member returns the total gross distribution amount to the system’s headquarters office within 30 days from the mailing date, the refund shall be canceled and the person shall be restored as a member of the Defined Benefit Program with all the rights and privileges under this part restored.
(d) Except as provided in subdivision (e), for refunds involving direct trustee-to-trustee transfers, if the member returns the warrant drawn to the trustee of the qualified plan or the trustee returns the amount of the qualified refund and, if applicable, any additional amounts necessary to equal, but in no event to exceed, the total gross distribution amount to the system’s headquarters office within 30 days from the mailing date, the refund shall be canceled and the person shall be restored as a member of the Defined Benefit Program with all the rights and privileges under this part restored.
(e) The mode of notice described in subdivision (b) and the measurement of time within which the return of total gross distribution amounts described in subdivisions (c) and (d) shall be made are subject to Section 22337.
(Amended by Stats. 2014, Ch. 755, Sec. 25. (SB 1220) Effective January 1, 2015.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 13 - STATE TEACHERS' RETIREMENT SYSTEM › CHAPTER 18 - Refund of Contributions › Section 23106.

23106. If a member ceases to be entitled to credit for service in the Defined Benefit Program because the member has become entitled to credit for that service in another retirement system supported wholly or in part by funds of the United States government, or any state government or political subdivision thereof, the member is entitled to a refund of the accumulated retirement contributions made during the period for which he or she is entitled to credit in the other retirement system.
(Amended by Stats. 1998, Ch. 965, Sec. 128. Effective January 1, 1999.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 13 - STATE TEACHERS' RETIREMENT SYSTEM › CHAPTER 18 - Refund of Contributions › Section 23107.

23107. Any member of the Defined Benefit Program without terminating membership in the program and upon making application on forms provided by the system shall be paid a refund of the accumulated annuity deposit contributions under this part.
(Amended by Stats. 1998, Ch. 965, Sec. 129. Effective January 1, 1999.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 13 - STATE TEACHERS' RETIREMENT SYSTEM › CHAPTER 19 - Redeposit of Contributions › Section 23200.

23200. (a) If a person, whose accumulated retirement contributions have been refunded, again becomes a member of the Defined Benefit Program or is subject to Section 23201, the person may request to redeposit all or a portion of those contributions with regular interest from the date of refund to the date of payment.
(b) If a nonmember spouse, as defined in Section 22651, withdraws accumulated contributions in accordance with Section 22661, the member may redeposit all or a portion of those contributions pursuant to subdivision (a), providing he or she is not receiving an allowance under Chapter 26 (commencing with Section 24100) or Chapter 27 (commencing with Section 24201).
(c) If a member requests to redeposit a portion of all accumulated retirement contributions that were previously refunded subject to requirements imposed by the board, the member shall receive pro rata service credit in proportion to the amount redeposited.
(Amended by Stats. 2009, Ch. 304, Sec. 15. (SB 634) Effective January 1, 2010.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 13 - STATE TEACHERS' RETIREMENT SYSTEM › CHAPTER 19 - Redeposit of Contributions › Section 23201.

23201. Any person whose accumulated retirement contributions were refunded, who wishes to establish concurrent membership, and who has received, or will qualify to receive, a retirement allowance from one or more of the retirement systems defined in Section 22115.2, may request to redeposit all or a portion of the accumulated retirement contributions that were refunded, with regular interest from the date of refund to the date of payment, without being employed to perform creditable service subject to coverage under the Defined Benefit Program.
(Amended by Stats. 2009, Ch. 304, Sec. 16. (SB 634) Effective January 1, 2010.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 13 - STATE TEACHERS' RETIREMENT SYSTEM › CHAPTER 19 - Redeposit of Contributions › Section 23202.

23202. (a) An election pursuant to Section 23200 to redeposit accumulated retirement contributions may be made by a member anytime prior to the effective date of the member’s retirement under this part.
(b) An election to redeposit accumulated retirement contributions returned to the member shall be considered as an election to repay accumulated retirement contributions previously returned, up to but not exceeding the amount required to restore the total service credit returned, under the provisions of this chapter.
(c) If any payment due because of this election is not received at the system’s headquarters office within 120 days of its due date, the election shall be canceled. Upon the cancellation of election, the member shall receive credit for the payments made under the election or, at the request of the member, those payments shall be returned.
(d) If the election is canceled, the member may at any time prior to the effective date of retirement under this part, again elect to redeposit accumulated retirement contributions previously withdrawn or returned, in accordance with Section 23200 and all the laws, rules, and regulations pertaining thereto.
(Amended by Stats. 2013, Ch. 558, Sec. 17. (AB 1379) Effective January 1, 2014.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 13 - STATE TEACHERS' RETIREMENT SYSTEM › CHAPTER 19 - Redeposit of Contributions › Section 23203.

23203. (a) A member who elects to redeposit refunded accumulated retirement contributions shall pay, prior to retirement, all contributions and interest as determined under Section 23200.
(b) If the system is unable to inform the member or beneficiary of the amount required to redeposit the refunded accumulated retirement contributions prior to the effective date of the applicable allowance, the member or beneficiary may make the required payment within 30 working days after the date of mailing of the statement of contributions and interest required or the effective date of the appropriate allowance, whichever is later, except as provided in subdivision (d). The payment shall be paid in full before a member or beneficiary receives any adjustment in the appropriate allowance due because of that payment.
(c) Redeposit of refunded accumulated retirement contributions shall be made in one sum, or in not more than 120 monthly installments, not to exceed ten years, provided that no installment, except the final installment, is less than twenty-five dollars ($25).
(d) The measurement of time within which a redeposit described in subdivision (b) shall be made is subject to Section 22337.
(Amended by Stats. 2013, Ch. 459, Sec. 8. (AB 989) Effective January 1, 2014.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 13 - STATE TEACHERS' RETIREMENT SYSTEM › CHAPTER 20 - Beneficiary Designation › Section 23300.

23300. (a) A member of the Defined Benefit Program may designate a beneficiary to receive benefits payable under this part upon the member’s death. A beneficiary designation may not be made in derogation of a community property interest of a nonmember spouse, as defined by Section 25000.9, with respect to service or contributions credited under this part, unless the nonmember spouse has previously obtained an alternative order pursuant to Section 2610 of the Family Code.
(b) A member’s beneficiary designation for benefits payable under the Defined Benefit Program, including a designation made pursuant to Section 24300 or 24300.1, shall also apply to benefits payable under the Defined Benefit Supplement Program. A beneficiary designation shall be in writing on a form prescribed by the system and executed by the member.
(c) A beneficiary designation shall not be valid unless it is received in the system’s headquarters office prior to the member’s death.
(d) A member may change or revoke a beneficiary designation at any time by making a new designation pursuant to this section.
(e) This section is not applicable to the designation of an option beneficiary or an annuity beneficiary under this part.
(f) An option beneficiary may designate a death beneficiary who would, upon the death of the option beneficiary, be entitled to receive the option beneficiary’s accrued monthly allowance.
(Amended by Stats. 2013, Ch. 558, Sec. 18. (AB 1379) Effective January 1, 2014.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 13 - STATE TEACHERS' RETIREMENT SYSTEM › CHAPTER 20 - Beneficiary Designation › Section 23301.

23301. A corporation, trust, charitable organization, parochial institution, or public entity may be designated as a beneficiary under this part, but they shall not be designated as option beneficiaries, except a trust as defined in Section 22149.
(Amended by Stats. 2019, Ch. 96, Sec. 16. (AB 644) Effective January 1, 2020.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 13 - STATE TEACHERS' RETIREMENT SYSTEM › CHAPTER 20 - Beneficiary Designation › Section 23302.

23302. Payment under this part to a beneficiary designated in the form on file in the system at the date of death by a warrant drawn prior to any claim under community property rights shall constitute full discharge of any and all liability of the board, system, and plan by reason of the member’s death.
(Amended by Stats. 1998, Ch. 965, Sec. 135. Effective January 1, 1999.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 13 - STATE TEACHERS' RETIREMENT SYSTEM › CHAPTER 20 - Beneficiary Designation › Section 23303.

23303. (a) If the whereabouts of the designated beneficiary cannot be determined, or if the beneficiary is the estate of the deceased person, the board may pay to the undertaker who conducted the funeral, or to any person who, or any organization that, has paid the undertaker from funds owned by the person or organization, in its discretion all or a portion of any amount payable under this part, but not to exceed the funeral expenses of the deceased person, or the portion of the expenses paid by the person or organization, as evidenced by the sworn itemized statement of the undertaker, person, or organization and by any other documents the board may require.
(b) The payment shall be in full and complete discharge and acquittance of the board, system, and plan up to the amount paid.
(Amended by Stats. 1998, Ch. 965, Sec. 136. Effective January 1, 1999.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 13 - STATE TEACHERS' RETIREMENT SYSTEM › CHAPTER 20 - Beneficiary Designation › Section 23304.

23304. If no beneficiary designation is in effect on the date of death, any benefit payable under this part shall be paid to the estate of the member. Payment pursuant to the board’s determination in good faith upon evidence satisfactory to it of the existence, identity or other facts relating to entitlement of persons under this section shall constitute a complete discharge and release of the system and plan from liability for the benefit.
(Amended by Stats. 1998, Ch. 965, Sec. 137. Effective January 1, 1999.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 13 - STATE TEACHERS' RETIREMENT SYSTEM › CHAPTER 21 - Pre-1972 Benefits › Section 23400.

23400. (a) If, prior to attaining the age of 55 years, a person who is entitled to receive a retirement allowance because of his or her retirement for disability prior to July 1, 1972, engages in a gainful occupation, the board shall reduce the portion of his or her monthly retirement allowance that is not provided by his or her accumulated contributions, to an amount, which when added to the compensation earned monthly by him or her, does not exceed the amount of the compensation that would be earnable by a person holding the same or an equal position as or to that which he or she held at the time of his or her retirement, and in the same salary step or rating, or if no such position then exists, the compensation earnable immediately prior to its abolition.
(b) If his or her earnings are further altered, the board shall further alter that portion of his or her retirement allowance to the lower of the following amounts:
(1) The amount of that portion of his or her retirement allowance as it would be if not reduced under this section.
(2) An amount that, when added to the compensation earned by him or her, equals the amount of the compensation that would be earnable by a person holding the same or an equal position as or to that which he or she held at the time of his or her retirement, and in the same salary step or rating, or if no such position then exists, the compensation earnable immediately prior to its abolition.
(c) For purposes of this section, the retirement allowance subject to adjustment is the unmodified allowance irrespective of the option elected.
(d) When he or she attains the age of 55 years, his or her retirement allowance shall be made equal to the amount it would be if not reduced under this section, and may not again be modified under this section. Section 24015 does not apply to those persons affected by this section.
(Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 13 - STATE TEACHERS' RETIREMENT SYSTEM › CHAPTER 21 - Pre-1972 Benefits › Section 23401.

23401. The board may require any member who retired for disability, prior to July 1, 1972, and who has not attained 58 years of age, to undergo a medical examination. If the examination, together with other available information, shows to the satisfaction of the board that the member is no longer disabled, the retirement allowance shall be terminated. Should any member retired for disability refuse to submit to medical examination, as provided in this section, the disability retirement allowance shall be terminated and all rights of the member in the disability retirement allowance shall be revoked.
(Amended by Stats. 1996, Ch. 634, Sec. 185. Effective January 1, 1997.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 13 - STATE TEACHERS' RETIREMENT SYSTEM › CHAPTER 21 - Pre-1972 Benefits › Section 23402.

23402. Benefits payable on account of deaths that occurred prior to July 1, 1972, and provided under former Section 14193, as it read prior to July 1, 1972, shall be continued. Former Sections 14195 and 14196 as they read prior to that date shall continue to apply to these payments.
(Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 13 - STATE TEACHERS' RETIREMENT SYSTEM › CHAPTER 21 - Pre-1972 Benefits › Section 23403.

23403. Survivor benefits payable on account of deaths that occurred prior to July 1, 1972, shall be continued in the amounts and under the conditions stated in former Sections 14186 and 14189, as they read prior to July 1, 1972.
(Amended by Stats. 1994, Ch. 933, Sec. 52. Effective September 28, 1994.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 13 - STATE TEACHERS' RETIREMENT SYSTEM › CHAPTER 21 - Pre-1972 Benefits › Section 23404.

23404. Upon termination of the retirement allowance that began to accrue prior to July 1, 1972, the member’s individual account shall be credited with amounts that are the actuarial equivalents at that time, as based on the disabled life, where retirement had been for disability, or on the active life where the retirement had been for service of the allowance and annuities being paid from accumulated retirement contributions, accumulated annuity deposit contributions, or accumulated tax-sheltered annuity contributions. These credited amounts shall not exceed the amount of his or her accumulated contributions as they were in those accounts at the date of retirement.
(Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 13 - STATE TEACHERS' RETIREMENT SYSTEM › CHAPTER 21.5 - Election of Disability and Death Benefit Coverage › Section 23700.

23700. (a) New survivor benefit and disability retirement programs that are provided under the Defined Benefit Program pursuant to Chapter 23 (commencing with Section 23850) and Chapter 26 (commencing with Section 24100), are effective as of October 16, 1992. All members of the Defined Benefit Program with an effective date of membership in the program on or after October 16, 1992, shall be covered by these survivor benefit and disability retirement programs under this part.
(b) The purpose of this chapter is to set forth the criteria for granting certain members of the Defined Benefit Program, as defined in Section 23702, the opportunity to elect to either retain coverage under the current family allowance and disability allowance programs pursuant to Chapter 22 (commencing with Section 23800), and Chapter 25 (commencing with Section 24001) or to be covered under the survivor benefit and disability retirement programs.
(Amended by Stats. 1998, Ch. 965, Sec. 138. Effective January 1, 1999.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 13 - STATE TEACHERS' RETIREMENT SYSTEM › CHAPTER 21.5 - Election of Disability and Death Benefit Coverage › Section 23701.

23701. (a) The election of disability and death benefit programs shall be made during the 180-day period commencing on October 16, 1992, and ending on April 13, 1993. All elections made during this period shall be effective as of October 16, 1992.
(b) If a member has made an election and subsequently becomes disabled or dies, the benefits shall be paid under the elected program provisions as though the election had been executed on October 16, 1992.
(Added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 13 - STATE TEACHERS' RETIREMENT SYSTEM › CHAPTER 21.5 - Election of Disability and Death Benefit Coverage › Section 23702.

23702. (a) All members in the Defined Benefit Program on October 15, 1992, who are not receiving a disability allowance or a retirement allowance with an effective date prior to October 16, 1992, shall be eligible to make an irrevocable election, pursuant to this chapter, to retain coverage under either the disability allowance and family allowance programs or to have coverage under the disability retirement and survivor benefits programs.
(b) The member’s eligibility to participate in the election shall be based on the member’s status in the Defined Benefit Program on October 15, 1992, only, and not on prior or subsequent events.
(Amended by Stats. 1999, Ch. 939, Sec. 60. Effective January 1, 2000.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 13 - STATE TEACHERS' RETIREMENT SYSTEM › CHAPTER 21.5 - Election of Disability and Death Benefit Coverage › Section 23703.

23703. A member’s election of disability or death benefit coverage shall meet all of the following requirements:
(a) The member is eligible to participate in the election pursuant to Section 23702.
(b) The election is filed on a form provided by the system.
(c) Except as provided in Section 23704, the election document contains the signature of the spouse of the member, unless the member declares, in writing, under penalty of perjury, that one of the following conditions exists:
(1) The member does not know, and has taken all reasonable steps to determine, the whereabouts of the spouse.
(2) The spouse is incapable of executing the acknowledgment because of an incapacitating mental or physical condition.
(3) The member and spouse have executed a marriage settlement agreement pursuant to Part 5 (commencing with Section 1500) of Division 4 of the Family Code that makes the community property law inapplicable to the marriage.
(4) The member is not married.
(5) The current spouse has no identifiable community property interest in future benefits.
(d) The election document is signed and dated during the 180-day election period specified in Section 23701.
(e) The signatures of the member and the member’s spouse on the election document are witnessed by a third party who is at least 18 years of age.
(f) The election document is received in the system’s office in Sacramento within 30 days after the date of signature, but no later than May 1, 1993.
(Amended by Stats. 1994, Ch. 933, Sec. 55. Effective September 28, 1994.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 13 - STATE TEACHERS' RETIREMENT SYSTEM › CHAPTER 21.5 - Election of Disability and Death Benefit Coverage › Section 23704.

23704. If a spouse refuses to sign the election document, the member may bring an action in court to enforce the spousal signature requirement or to waive the spousal signature requirement. Either party may bring an action pursuant to Section 1101 of the Family Code to determine the rights of the party.
(Added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 13 - STATE TEACHERS' RETIREMENT SYSTEM › CHAPTER 21.5 - Election of Disability and Death Benefit Coverage › Section 23705.

23705. After receipt of a member’s election document, the system shall mail an acknowledgement notice to the member that indicates the member’s choice of disability and death benefit programs. If the member does not agree with the system’s recording of his or her election choice, the member has 30 days from the date of the acknowledgement notice to notify the system in writing.
(Added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 13 - STATE TEACHERS' RETIREMENT SYSTEM › CHAPTER 21.5 - Election of Disability and Death Benefit Coverage › Section 23706.

23706. (a) Failure to file an election pursuant to this chapter shall be deemed to be an election to retain coverage under the disability allowance and family allowance programs.
(b) Failure to meet all of the requirements for submitting an election pursuant to this chapter shall be deemed to be a failure to file an election.
(Added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 13 - STATE TEACHERS' RETIREMENT SYSTEM › CHAPTER 22 - Active Death Benefits: Family Allowance › Section 23800.

23800. (a) This chapter governs the eligibility provisions, benefit provisions, allowance computations, and related provisions for the benefits payable under this part with respect to the Defined Benefit Program upon the death of eligible members. “Members,” as used in this chapter, means all members who were receiving a disability allowance on October 15, 1992, and all persons who were members of the plan under this part on October 15, 1992, who were not receiving an allowance and who did not elect, pursuant to Chapter 21.5 (commencing with Section 23700), to be covered under Chapter 23 (commencing with Section 23850).
(b) This chapter also contains three sections related to survivor benefits payable on account of deaths that occurred prior to July 1, 1972.
(Amended by Stats. 2000, Ch. 1025, Sec. 29. Effective January 1, 2001.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 13 - STATE TEACHERS' RETIREMENT SYSTEM › CHAPTER 22 - Active Death Benefits: Family Allowance › Section 23801.

23801. (a) A death payment of no less than five thousand dollars ($5,000) shall be paid to the beneficiary upon receipt of proof of death of a member who had one or more years of credited service, including service deemed to the member under subparagraph (B) of paragraph (2) of subdivision (a) of Section 22851, at least one of which had been earned subsequent to the most recent refund of accumulated retirement contributions, if the member died during any one of the following periods:
(1) While in employment for which creditable compensation is paid.
(2) While disabled, if the disability had been continuous from the last day for which creditable compensation had been paid.
(3) Within four months after termination of creditable service or termination of employment, whichever occurs first.
(4) Within four months after termination of a disability allowance if no service was performed after the termination.
(5) Within 12 months of the last day for which creditable compensation was paid, if the member was on an approved leave of absence without compensation for reasons other than disability.
(6) While on a leave of absence to perform qualified military service, if the death occurred on or after January 1, 2007.
(b) A death payment pursuant to this section shall not be payable for the death of a member that occurs within one year commencing with the effective date of reinstatement from service retirement pursuant to Section 24208.
(c) The board may adjust the death payment amount following each actuarial valuation based on changes in the All Urban California Consumer Price Index and adopt any adjusted amount as a plan amendment.
(d) A beneficiary may waive his or her right to the death payment in accordance with the requirements established by the system. The waiver shall be submitted on a properly executed form prescribed by the system. The filing of a waiver by a beneficiary constitutes a complete and immediate discharge of all obligations of the board, the system, or the plan to or on behalf of the beneficiary.
(Amended by Stats. 2017, Ch. 298, Sec. 5. (AB 1325) Effective January 1, 2018.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 13 - STATE TEACHERS' RETIREMENT SYSTEM › CHAPTER 22 - Active Death Benefits: Family Allowance › Section 23802.

23802. (a) Upon receipt of proof of death of a member who has no preretirement option in effect, and who either does not meet the eligibility requirements set forth in Section 23804, or meets the eligibility requirements set forth in Section 23804 but has no eligible survivors for a family allowance as specified in Section 23805 or 23806, there shall be paid to the beneficiary both of the following:
(1) The accumulated retirement contributions after July 1, 1935.
(2) The accumulated annuity deposit contributions.
(b) Accumulated contributions include credited interest through the date of payment.
(c) A beneficiary may waive the right to the lump-sum payment pursuant to this section in accordance with the requirements established by the system. The waiver shall be submitted on a properly executed form prescribed by the system. The filing of a waiver by a beneficiary constitutes a complete and immediate discharge of all obligations of the board, the system, or the plan to, or on behalf of, the beneficiary.
(Amended by Stats. 2018, Ch. 416, Sec. 12. (SB 1165) Effective January 1, 2019.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 13 - STATE TEACHERS' RETIREMENT SYSTEM › CHAPTER 22 - Active Death Benefits: Family Allowance › Section 23803.

23803. Notwithstanding Chapter 3 (commencing with Section 13100) of Part 1 of Division 8 of the Probate Code, or any other provision of law, death payments and return of contributions pursuant to Sections 23801 and 23802, if any, may be requested by the beneficiary and paid by the system as soon as practicable after receipt of proof of death.
(Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 13 - STATE TEACHERS' RETIREMENT SYSTEM › CHAPTER 22 - Active Death Benefits: Family Allowance › Section 23804.

23804. (a) A family allowance is payable upon the death of an active member or a disabled member who was receiving a disability allowance that began to accrue after June 30, 1972.
(b) (1) For the family allowance to be payable upon the death of the member, all of the following conditions shall be met at the time of death:
(A) Death occurred after June 30, 1972.
(B) A preretirement election of an option is not in effect.
(C) The provisions for the death payment under this part have been met.
(2) In addition to the conditions specified in paragraph (1), at least one-half year of credited service had been performed subsequent to the end of the last break, if a break in service of more than one year had occurred.
(3) In addition to the conditions specified in paragraph (1), at least one year of credited service had been performed subsequent to the last reinstatement date, if reinstated from service or disability retirement.
(c) The family allowance shall be paid in lieu of the return of the member’s accumulated retirement contributions.
(d) The family allowance may be terminated, if all eligible beneficiaries formally waive their rights in accordance with the requirements established by the system. The waiver shall be submitted on a properly executed form prescribed by the system. All waiver forms for an ongoing benefit shall include an acknowledgment on the part of the waiving beneficiary that the benefit being waived is an ongoing benefit, which may exceed the total amount of contributions and interest payable from the member’s account as a result of the waiver. The filing of a waiver by a beneficiary constitutes a complete and immediate discharge of all obligations of the board, the system, or the plan to or on behalf of the beneficiary.
(Amended by Stats. 2017, Ch. 298, Sec. 6. (AB 1325) Effective January 1, 2018.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 13 - STATE TEACHERS' RETIREMENT SYSTEM › CHAPTER 22 - Active Death Benefits: Family Allowance › Section 23805.5.

23805.5. (a) A parent claiming a benefit under Section 23805 is dependent if all of the following apply:
(1) The parent was receiving one-half or more of his or her support from the member for the tax year preceding the member’s death.
(2) The parent was declared as a dependent on the income tax return of the member for at least one of the two tax years preceding the member’s death.
(3) No one else has assumed at least one-half of the parent’s support in the tax year of the member’s death.
(4) The parent has net assets of not more than twenty-five thousand dollars ($25,000), excluding his or her personal residence and personal property therein.
(b) A person claiming a benefit under Section 23805 or his or her guardian shall furnish the board a state or federal income tax return and any other evidence regarding his or her financial status as the board may require.
(Added by Stats. 1999, Ch. 939, Sec. 61. Effective January 1, 2000.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 13 - STATE TEACHERS' RETIREMENT SYSTEM › CHAPTER 22 - Active Death Benefits: Family Allowance › Section 23806.

23806. (a) A dependent child who is not in the care of the surviving spouse shall be included in the calculation of the family allowance. That child’s portion of the allowance shall be paid to the guardian of the estate of the child, the natural or adoptive parent having custody of the child, or if none, then to the trustee of the trust established for the benefit of the child.
(b) In the case of a dependent child age 18 years or older, the child’s portion of the allowance shall be paid to the guardian of the estate of the child, trustee of the trust established for the benefit of the child, or if none, then to the child.
(Amended by Stats. 1996, Ch. 1165, Sec. 16. Effective January 1, 1997.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 13 - STATE TEACHERS' RETIREMENT SYSTEM › CHAPTER 22 - Active Death Benefits: Family Allowance › Section 23809.

23809. The family allowance payable to the surviving spouse who has financial responsibility for at least one dependent child, or the family allowance payable to a dependent child, shall be reduced by an amount equal to the unmodified benefits paid or payable from other public systems for the same event which qualified the surviving spouse or dependent child for the family allowance.
(Amended by Stats. 1996, Ch. 1165, Sec. 19. Effective January 1, 1997.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 13 - STATE TEACHERS' RETIREMENT SYSTEM › CHAPTER 22 - Active Death Benefits: Family Allowance › Section 23810.

23810. If the person or persons to whom a family allowance is payable dies or no longer qualifies for the allowance, the allowance shall be terminated on the day of that event except as provided in Section 24600.
(Added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 13 - STATE TEACHERS' RETIREMENT SYSTEM › CHAPTER 22 - Active Death Benefits: Family Allowance › Section 23811.

23811. (a) Upon termination of family allowances under this part and prior to the payment of allowances equal to the amount of the member’s accumulated retirement contributions at the time of death, the balance shall be paid to the member’s beneficiary.
(b) Payments provided under this section shall include credited interest on the unpaid balance calculated from the date family allowances were last paid or from the date of death, if no family allowance payments were made, to the date the balance is paid.
(Added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 13 - STATE TEACHERS' RETIREMENT SYSTEM › CHAPTER 22 - Active Death Benefits: Family Allowance › Section 23812.

23812. (a) The surviving spouse of a deceased member who previously lost entitlement to benefits prescribed by this part due to remarriage shall be entitled to resume payment of the benefits effective either on January 1, 2000, or the first day of the month following receipt by the board of a written application for resumption of benefits, whichever date is later. The amount of the benefits payable shall be calculated as though the benefits had been paid without interruption from the date of remarriage through the benefits resumption effective date.
(b) The board shall be under no requirement to identify, locate, or notify a remarried spouse of a deceased member who previously lost entitlement as a result of remarriage about the resumption of benefits provided in this section. The board shall be under no requirement to provide the name or address or any other information concerning any remarried spouse of a deceased member to any person, agency, or entity for the purpose of notifying those who may be eligible for the resumption of benefits under this section.
(c) Nothing in this section shall be construed to imply or interpreted to mean that the benefits addressed shall be required to be paid retroactively.
(d) This section does not apply to the surviving domestic partner of a member.
(Amended by Stats. 2004, Ch. 912, Sec. 14. Effective January 1, 2005.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 13 - STATE TEACHERS' RETIREMENT SYSTEM › CHAPTER 23 - Active Death Benefits: Survivor Benefits › Section 23850.

23850. This chapter governs the eligibility provisions, benefit provisions, allowance computations, and related provisions for the benefits payable under this part with respect to the Defined Benefit Program upon the death of eligible members. “Member,” as used in this chapter, means all persons who become members of the plan under this part on or after October 16, 1992, and all persons who were members as of October 15, 1992, who elected, pursuant to Chapter 21.5 (commencing with Section 23700), to be covered under the death benefit provisions of this chapter.
(Amended by Stats. 2000, Ch. 1025, Sec. 30. Effective January 1, 2001.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 13 - STATE TEACHERS' RETIREMENT SYSTEM › CHAPTER 23 - Active Death Benefits: Survivor Benefits › Section 23851.

23851. (a) A death payment of not less than twenty thousand dollars ($20,000) shall be paid to the beneficiary, as designated pursuant to Section 23300, upon receipt of proof of death of a member, who had one or more years of credited service, including service deemed to the member under subparagraph (B) of paragraph (2) of subdivision (a) of Section 22851, at least one of which had been earned subsequent to the most recent refund of accumulated retirement contributions, if the member died during any one of the following periods:
(1) While in employment for which creditable compensation is paid.
(2) Within four months after termination of creditable service or termination of employment, whichever occurs first.
(3) Within 12 months of the last day for which creditable compensation was paid, if the member was on an approved leave of absence without creditable compensation for reasons other than disability.
(4) While on a leave of absence to perform qualified military service, if the death occurred on or after January 1, 2007.
(b) A death payment pursuant to this section shall not be payable for the death of a member that occurs within one year commencing with the effective date of termination of the service retirement allowance pursuant to Section 24208 or during the six calendar months commencing with the effective date of termination of the disability retirement allowance pursuant to Section 24117.
(c) The board may adjust the death payment amount following each actuarial valuation based on changes in the All Urban California Consumer Price Index and adopt as a plan amendment with respect to the Defined Benefit Program any adjusted amount.
(d) A designated beneficiary may waive the right to the death payment in accordance with the requirements established by the system. The waiver shall be submitted on a properly executed form prescribed by the system. The filing of a waiver by a beneficiary constitutes a complete and immediate discharge of all obligations of the board, the system, or the plan to or on behalf of the beneficiary.
(Amended by Stats. 2017, Ch. 298, Sec. 7. (AB 1325) Effective January 1, 2018.)