reglab/statecodes huggingface dataset:
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 14 - STATE TEACHERS RETIREMENT SYSTEM CASH BENEFIT PROGRAM › CHAPTER 9 - Retirement Benefit › Section 26810.

26810. (a) A participant who is employed to perform creditable service subject to coverage by the Cash Balance Benefit Program while receiving an annuity under the program may terminate the annuity upon written request to the system, effective upon a date designated by the participant, and make contributions to the program based on salary paid by the employer for the employment, subject to the following conditions:
(1) The request for termination of the annuity is filed on a form prescribed 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 annuity shall be no earlier than the first day of the month in which the request for termination is received in the system’s headquarters office.
(b) A participant who files a request for termination of the annuity may cancel or change the termination upon written request to the system. The request for cancellation or change must be on a form provided by the system and shall be received in the system’s headquarters office no later than the last day of the month in which the request for termination to be canceled or changed is effective.
(c) Upon termination of the annuity, the employee and employer account of the participant shall be credited with respective balances that reflect the actuarial equivalent of the participant’s retirement benefit as of the date the participant terminates the annuity and the Annuitant Reserve shall be reduced by the amount of the credits.
(d) Upon election of a subsequent annuity, the credits in the participant’s employee account and employer account shall be transferred to the Annuitant Reserve.
(Amended by Stats. 2020, Ch. 275, Sec. 22. (AB 2101) Effective January 1, 2021.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 14 - STATE TEACHERS RETIREMENT SYSTEM CASH BENEFIT PROGRAM › CHAPTER 9 - Retirement Benefit › Section 26811.

26811. (a) Except as provided in subdivision (b), the annuity beneficiary under the joint and survivor annuity elected pursuant to paragraph (3) or (4) of subdivision (b) of Section 26807 or paragraph (2), (3), or (4) of subdivision (a) of Section 26807.5 shall be the person designated by the participant on the application for a retirement benefit under this part, and shall not be changed after the original retirement date unless the beneficiary has predeceased the participant.
(b) (1) A participant may change the annuity beneficiary designated pursuant to this section without penalty by designating a trust as beneficiary if all of the following requirements are met:
(A) The trust conforms to the definition of trust in Section 26105.5.
(B) The beneficiary of the trust is the same person as the previously named annuity beneficiary.
(C) The member files an application and any required documents in a form prescribed by the system.
(2) If a trust is determined to be invalid or terminates after the system commences payment to the trust, beginning on the effective date of termination of the trust, the benefit shall be paid to, and all associated rights and responsibilities shall accrue to, the beneficiary of the trust so long as that beneficiary is eligible to receive a benefit pursuant to this section.
(Amended by Stats. 2016, Ch. 559, Sec. 15. (AB 1875) Effective January 1, 2017.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 14 - STATE TEACHERS RETIREMENT SYSTEM CASH BENEFIT PROGRAM › CHAPTER 9 - Retirement Benefit › Section 26813.

26813. A member retired for service under the Defined Benefit Program may perform retired participant activities in any one school year up to the limitation specified in Sections 24214 and 24214.5, but the member shall not make contributions to the fund. 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.
(Amended by Stats. 2013, Ch. 559, Sec. 43. (AB 1381) Effective January 1, 2014. Deemed operative January 1, 2013, by Sec. 1 of Ch. 559.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 14 - STATE TEACHERS RETIREMENT SYSTEM CASH BENEFIT PROGRAM › CHAPTER 10 - Disability Benefit › Section 26900.

26900. A participant may apply to receive a disability benefit under this part at any time.
(Amended by Stats. 1998, Ch. 965, Sec. 282. Effective January 1, 1999.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 14 - STATE TEACHERS RETIREMENT SYSTEM CASH BENEFIT PROGRAM › CHAPTER 10 - Disability Benefit › Section 26901.

26901. Application for a disability benefit under this part shall be made by the participant, or the guardian or conservator of the participant, on a form prescribed by the system.
(Amended by Stats. 1998, Ch. 965, Sec. 283. Effective January 1, 1999.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 14 - STATE TEACHERS RETIREMENT SYSTEM CASH BENEFIT PROGRAM › CHAPTER 10 - Disability Benefit › Section 26902.

26902. (a) A disability benefit under this part shall become payable only upon determination by the board that the participant has a total and permanent disability. The board shall require current relevant medical reports by licensed practitioners, including the report of the treating physician, and may make any inquiries necessary to the determination of total and permanent disability. Failure of the participant, or the participant’s guardian or conservator, to provide any documents, complete any forms, or respond to any questions from the board within 45 days of the request may be cause for rejection of the application.
(b) Upon determination by the board that the participant does not have a total and permanent disability, the application for disability benefit, and any designation of beneficiary for the benefit, shall be automatically canceled.
(Amended by Stats. 1998, Ch. 965, Sec. 284. Effective January 1, 1999.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 14 - STATE TEACHERS RETIREMENT SYSTEM CASH BENEFIT PROGRAM › CHAPTER 10 - Disability Benefit › Section 26903.

26903. All creditable service subject to coverage by the Cash Balance Benefit Program and Defined Benefit Program shall be terminated prior to the disability date.
(Amended by Stats. 1998, Ch. 965, Sec. 285. Effective January 1, 1999.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 14 - STATE TEACHERS RETIREMENT SYSTEM CASH BENEFIT PROGRAM › CHAPTER 10 - Disability Benefit › Section 26904.

26904. The disability benefit is a benefit for total and permanent disability that is an amount equal to the sum of the employee account and the employer account as of the disability date.
(Added by Stats. 1995, Ch. 592, Sec. 16. Effective January 1, 1996.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 14 - STATE TEACHERS RETIREMENT SYSTEM CASH BENEFIT PROGRAM › CHAPTER 10 - Disability Benefit › Section 26905.

26905. The normal form of disability benefit under this part is a lump-sum payment. Upon distribution of the lump-sum payment to the participant, no further benefits shall be payable from the Cash Balance Benefit Program.
(Amended by Stats. 1998, Ch. 965, Sec. 286. Effective January 1, 1999.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 14 - STATE TEACHERS RETIREMENT SYSTEM CASH BENEFIT PROGRAM › CHAPTER 10 - Disability Benefit › Section 26907.

26907. The annuity under this chapter shall be determined as a value actuarially equivalent to the sum of the employee account and the employer account as of the disability date. The annuity shall be calculated using the age of the participant and, if the participant elected a joint and survivor option, the age of the beneficiary on the disability date.
(Added by Stats. 1995, Ch. 592, Sec. 16. Effective January 1, 1996.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 14 - STATE TEACHERS RETIREMENT SYSTEM CASH BENEFIT PROGRAM › CHAPTER 10 - Disability Benefit › Section 26908.

26908. Upon election of an annuity under this part, the credits in the participant’s employee account and employer account shall be transferred to the Annuitant Reserve.
(Amended by Stats. 1998, Ch. 965, Sec. 288. Effective January 1, 1999.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 14 - STATE TEACHERS RETIREMENT SYSTEM CASH BENEFIT PROGRAM › CHAPTER 10 - Disability Benefit › Section 26910.

26910. (a) Except as provided in subdivision (b), the beneficiary under the joint and survivor option elected pursuant to paragraph (3) or (4) of subdivision (b) of Section 26906 or paragraph (2), (3), or (4) of subdivision (a) of Section 26906.5 shall be the person or trust designated by the participant on the application for a disability benefit under this part, and shall not be changed after the original disability date unless the beneficiary has predeceased the participant.
(b) (1) A participant may change the annuity beneficiary designated pursuant to this section without penalty by designating a trust as beneficiary if all of the following requirements are met:
(A) The trust conforms to the definition of trust in Section 26105.5.
(B) The beneficiary of the trust is the same person as the previously named annuity beneficiary.
(C) The member files an application and any required documents in a form prescribed by the system.
(2) If a trust is determined to be invalid or terminates after the system commences payment to the trust, beginning on the effective date of termination of the trust, the benefit shall be paid to, and all associated rights and responsibilities shall accrue to, the beneficiary of the trust so long as that beneficiary is eligible to receive a benefit pursuant to this section.
(Amended by Stats. 2016, Ch. 559, Sec. 16. (AB 1875) Effective January 1, 2017.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 14 - STATE TEACHERS RETIREMENT SYSTEM CASH BENEFIT PROGRAM › CHAPTER 10 - Disability Benefit › Section 26911.

26911. If a participant who is receiving a disability annuity under this part becomes reemployed to perform creditable service subject to coverage by the Cash Balance Benefit Program or the Defined Benefit Program, the disability annuity shall be terminated. The participant’s employee account and employer account shall be credited with the actuarial equivalent of the participant’s annuity as of the date of reemployment and the Annuitant Reserve shall be reduced by the amount credited to those accounts.
(Amended by Stats. 2013, Ch. 558, Sec. 55. (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 14 - STATE TEACHERS RETIREMENT SYSTEM CASH BENEFIT PROGRAM › CHAPTER 11 - Death Benefit › Section 27000.

27000. The death benefit shall become payable to the beneficiary upon receipt of proof of the participant’s death.
(Added by Stats. 1995, Ch. 592, Sec. 16. Effective January 1, 1996.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 14 - STATE TEACHERS RETIREMENT SYSTEM CASH BENEFIT PROGRAM › CHAPTER 11 - Death Benefit › Section 27001.

27001. Notwithstanding Chapter 3 (commencing with Section 13100) of Part 1 of Division 8 of the Probate Code or any other provision of law to the contrary, the death benefit payable under the Cash Balance Benefit Program may be requested by the beneficiary and paid by the system as soon as practicable after the system receives proof of the participant’s death.
(Amended by Stats. 2017, Ch. 298, Sec. 27. (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 14 - STATE TEACHERS RETIREMENT SYSTEM CASH BENEFIT PROGRAM › CHAPTER 11 - Death Benefit › Section 27002.

27002. If the participant died prior to commencement of an annuity, the death benefit shall be an amount that is equal to the sum of the participant’s employee account and employer account.
(Added by Stats. 1995, Ch. 592, Sec. 16. Effective January 1, 1996.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 14 - STATE TEACHERS RETIREMENT SYSTEM CASH BENEFIT PROGRAM › CHAPTER 11 - Death Benefit › Section 27003.

27003. The normal form of death benefit under this part is a lump-sum payment. Upon distribution of the lump-sum payment to the beneficiary, no further benefits shall be payable from the plan with respect to the Cash Balance Benefit Program.
(Amended by Stats. 1998, Ch. 965, Sec. 291. Effective January 1, 1999.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 14 - STATE TEACHERS RETIREMENT SYSTEM CASH BENEFIT PROGRAM › CHAPTER 11 - Death Benefit › Section 27004.

27004. (a) A beneficiary, other than an entity except a trust as defined in Section 26106.5, may elect to receive the final benefit payable under the Cash Balance Benefit Program as an annuity payable in monthly installments provided that the sum of the employee account and the employer account that is payable to the beneficiary equals at least three thousand five hundred dollars ($3,500).
(b) A beneficiary who elects to receive an annuity pursuant to this section shall elect a period certain annuity. This form of payment is an annuity equal to the actuarial equivalent of the sum of the balance of the employee account and the employer account on the date of the participant’s death. The annuity shall be payable in whole year increments over a period of years specified by the beneficiary, from a minimum of three years to a maximum of 10 years. However, the annuity period shall not exceed the life expectancy of the beneficiary of the trust that is beneficiary with respect to the trust’s interest in the plan.
(c) The beneficiary may designate a payee to receive the remaining balance of payments if the beneficiary dies prior to the end of the period certain. Unless otherwise specified in the trust instrument, the trustee or beneficiary of the trust that is an annuity beneficiary is entitled to name a subsequent beneficiary if the trust is valid. If the trust is determined to be invalid or terminated, any election by the trustee pursuant to this subdivision shall be void and the beneficiary shall be entitled to exercise all rights provided to annuity beneficiaries under this part.
(Amended by Stats. 2016, Ch. 559, Sec. 17. (AB 1875) Effective January 1, 2017.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 14 - STATE TEACHERS RETIREMENT SYSTEM CASH BENEFIT PROGRAM › CHAPTER 11 - Death Benefit › Section 27005.

27005. The annuity elected under this chapter shall be determined as a value actuarially equivalent to the sum of the participant’s employee account and employer account as of the date the death benefit becomes payable. The annuity shall be calculated using the age of the beneficiary on the date the benefit becomes payable.
(Added by Stats. 1995, Ch. 592, Sec. 16. Effective January 1, 1996.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 14 - STATE TEACHERS RETIREMENT SYSTEM CASH BENEFIT PROGRAM › CHAPTER 11 - Death Benefit › Section 27006.

27006. Upon the beneficiary’s election to receive the death benefit under this part in the form of an annuity, the credits in the participant’s employee account and employer account shall be transferred to the Annuitant Reserve.
(Amended by Stats. 1998, Ch. 965, Sec. 292. Effective January 1, 1999.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 14 - STATE TEACHERS RETIREMENT SYSTEM CASH BENEFIT PROGRAM › CHAPTER 11 - Death Benefit › Section 27007.

27007. (a) If the participant died while receiving an annuity under this part, the death benefit shall be payable in accordance with the terms of the annuity elected by the participant.
(b) Upon the death of a participant who elected a single life annuity with a cash refund feature under this part, any balance remaining in the participant’s employee account and employer account shall be payable in a lump sum to the beneficiary.
(c) Upon the death of a participant who elected a single life annuity without a cash refund feature under this part, no death benefit shall be payable.
(d) Upon the death of a participant who elected a joint and survivor annuity under this part, the annuity shall continue for life to the surviving beneficiary under the joint and survivor option. If the beneficiary under the joint and survivor option has predeceased the participant, no death benefit shall be payable.
(e) Upon the death of a participant who elected a period certain annuity under this part prior to the completion of annuity payments due the participant, the remaining balance of payments shall be paid to the beneficiary designated by the participant pursuant to Section 27100.
(1) If the beneficiary is a person, the remaining period certain annuity payments shall be made over the amount of time remaining in the period originally elected by the deceased member and shall be made in payments equal to the amount of the annuity payments previously received by the deceased member.
(2) If the beneficiary is not a person, the remaining balance of period certain annuity payments shall be made in a lump-sum payment equal to the present value of the balance of payments due over the time remaining in the period originally elected by the deceased member.
(Amended by Stats. 2017, Ch. 298, Sec. 28. (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 14 - STATE TEACHERS RETIREMENT SYSTEM CASH BENEFIT PROGRAM › CHAPTER 11 - Death Benefit › Section 27008.

27008. Upon the death of a beneficiary who was receiving an annuity under this part due to the death of a participant, payment shall be made as follows:
(a) Upon the death of a beneficiary under a joint and survivor option, no amount shall be payable.
(b) Upon the death of a beneficiary who elected a single life annuity without a cash refund feature, no amount shall be payable.
(c) Upon the death of a beneficiary who was receiving a period certain annuity, the actuarial equivalent of the remaining balance of payments shall be paid in a lump sum to the estate of the beneficiary unless the beneficiary designated a payee to receive the remaining balance of payments as provided in Section 27004.
(Amended by Stats. 2001, Ch. 803, Sec. 49. Effective January 1, 2002.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 14 - STATE TEACHERS RETIREMENT SYSTEM CASH BENEFIT PROGRAM › CHAPTER 12 - Beneficiary › Section 27100.

27100. A participant may at any time designate or change the designation of one or more primary beneficiaries and one or more contingent beneficiaries to receive any lump-sum death benefit that may be payable under the plan. The beneficiary shall be designated on a form prescribed by the system that is received by the system before the participant’s death.
(Amended by Stats. 2022, Ch. 231, Sec. 4. (AB 1824) Effective January 1, 2023.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 14 - STATE TEACHERS RETIREMENT SYSTEM CASH BENEFIT PROGRAM › CHAPTER 12 - Beneficiary › Section 27100.5.

27100.5. A corporation, trust, charitable organization, parochial institution, or public entity may be designated as a beneficiary under this part, but shall not be designated as an annuity beneficiary, except a trust as defined in Section 26106.5.
(Added by Stats. 2022, Ch. 231, Sec. 5. (AB 1824) Effective January 1, 2023.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 14 - STATE TEACHERS RETIREMENT SYSTEM CASH BENEFIT PROGRAM › CHAPTER 12 - Beneficiary › Section 27101.

27101. In the event the participant dies without a valid beneficiary designation on file with the system, any lump-sum death benefit under this part shall be payable to the estate of the participant.
(Amended by Stats. 1998, Ch. 965, Sec. 296. Effective January 1, 1999.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 14 - STATE TEACHERS RETIREMENT SYSTEM CASH BENEFIT PROGRAM › CHAPTER 12 - Beneficiary › Section 27102.

27102. Part 5 (commencing with Section 220) of Division 2 of the Probate Code, when applicable, shall govern the distribution of any lump-sum death benefit payable under this part. In applying Part 5 (commencing with Section 220) of Division 2 of the Probate Code with respect to proceeds payable to a beneficiary, participation in the plan shall be considered as having the same status as an insurance policy issued after December 31, 1984.
(Added by Stats. 1995, Ch. 592, Sec. 16. Effective January 1, 1996.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 14 - STATE TEACHERS RETIREMENT SYSTEM CASH BENEFIT PROGRAM › CHAPTER 13 - Termination Benefit › Section 27200.

27200. Upon termination of all creditable service subject to coverage by the plan under this part and Part 13 (commencing with Section 22000) for any reason other than death, disability, or retirement, a participant may apply for a lump-sum termination benefit under this part which shall be an amount that is equal to the sum of the participant’s employee account and the employer account as of the date the termination benefit is paid.
(Amended by Stats. 1998, Ch. 965, Sec. 297. Effective January 1, 1999.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 14 - STATE TEACHERS RETIREMENT SYSTEM CASH BENEFIT PROGRAM › CHAPTER 13 - Termination Benefit › Section 27201.

27201. (a) All creditable service subject to coverage by the Cash Balance Benefit Program and the Defined Benefit Program, which does not include retired member activities as defined in Section 22164.5 or retired participant activities as defined in Section 26135.7, shall terminate prior to application for a termination benefit under this part.
(b) All employers with which the participant is employed to perform creditable service subject to coverage by the plan shall certify in a format prescribed by the system that the participant’s employment has been terminated unless the employment was terminated 12 months or more prior to the date the termination benefit application is received by the system.
(Amended by Stats. 2022, Ch. 231, Sec. 6. (AB 1824) Effective January 1, 2023.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 14 - STATE TEACHERS RETIREMENT SYSTEM CASH BENEFIT PROGRAM › CHAPTER 13 - Termination Benefit › Section 27202.

27202. A participant shall apply for a termination benefit under this part on a form prescribed by the system.
(Amended by Stats. 2019, Ch. 96, Sec. 24. (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 14 - STATE TEACHERS RETIREMENT SYSTEM CASH BENEFIT PROGRAM › CHAPTER 13 - Termination Benefit › Section 27203.

27203. A participant may not apply for a termination benefit under this part if less than five years have elapsed following the date the most recent termination benefit was distributed to the participant.
(Amended by Stats. 1998, Ch. 965, Sec. 300. Effective January 1, 1999.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 14 - STATE TEACHERS RETIREMENT SYSTEM CASH BENEFIT PROGRAM › CHAPTER 13 - Termination Benefit › Section 27204.

27204. (a) The termination benefit under this part shall not be payable before 180 calendar days have elapsed following the date of termination of employment.
(b) Except as provided in subdivision (c), the application for the termination benefit shall be automatically canceled if the participant performs creditable service within 180 calendar days following the date of termination of employment.
(c) Subdivision (b) does not apply if the participant has reached that age at which the Internal Revenue Code of 1986 requires a distribution of benefits. A participant who has reached this age shall receive a distribution commencing on the earlier of the date that the participant has met the conditions of subdivision (a) or the conditions of subdivision (c) of Section 26004.
(Amended by Stats. 2020, Ch. 275, Sec. 23. (AB 2101) Effective January 1, 2021.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 14 - STATE TEACHERS RETIREMENT SYSTEM CASH BENEFIT PROGRAM › CHAPTER 13 - Termination Benefit › Section 27205.

27205. A participant may cancel the application for a termination benefit under this part at any time prior to distribution of the benefit.
(Amended by Stats. 1998, Ch. 965, Sec. 302. Effective January 1, 1999.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 14 - STATE TEACHERS RETIREMENT SYSTEM CASH BENEFIT PROGRAM › CHAPTER 13 - Termination Benefit › Section 27206.

27206. No partial distribution shall be made from an employee account or employer account.
(Added by Stats. 1995, Ch. 592, Sec. 16. Effective January 1, 1996.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 14 - STATE TEACHERS RETIREMENT SYSTEM CASH BENEFIT PROGRAM › CHAPTER 13 - Termination Benefit › Section 27207.

27207. Upon distribution of the lump-sum payment to the participant under this part, no further benefits shall be payable from the plan under this part.
(Amended by Stats. 1998, Ch. 965, Sec. 303. Effective January 1, 1999.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 14 - STATE TEACHERS RETIREMENT SYSTEM CASH BENEFIT PROGRAM › CHAPTER 14 - Distribution of Benefits › Section 27300.

27300. (a) The plan’s obligations under this part to a participant or beneficiary who has applied for a benefit cease upon distribution of the lump-sum benefit.
(b) Deposit in the United States mail of a warrant drawn as directed by the participant or beneficiary and addressed as directed by the participant or beneficiary constitutes distribution of the benefits under this part.
(c) Deposit in the United States mail of a notice that the requested electronic funds transfer has been made as directed by the participant or beneficiary constitutes distribution of the benefits under this part.
(d) If the participant or beneficiary has elected to transfer all or a specified portion of the lump-sum benefit that is eligible for direct trustee-to-trustee transfer to the trustee of an eligible retirement plan within the meaning of Section 401(a)(31) of Title 26 of the United States Code, deposit in the United States mail of a notice that the requested transfer has been made constitutes distribution of the benefits under this part.
(e) Distribution under subdivision (b), (c), or (d) pursuant to the board’s determination in good faith of the existence, identity, or other facts relating to entitlement of persons constitutes a complete discharge and release of the plan from liability for that payment under this part.
(Amended by Stats. 1998, Ch. 965, Sec. 304. Effective January 1, 1999.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 14 - STATE TEACHERS RETIREMENT SYSTEM CASH BENEFIT PROGRAM › CHAPTER 14 - Distribution of Benefits › Section 27301.

27301. (a) The plan’s obligations under this part to a participant or beneficiary who elected to receive a benefit in the form of an annuity, cease upon distribution of the final monthly payment of the annuity.
(b) Deposit in the United States mail of a warrant drawn as directed by the participant or beneficiary and addressed as directed by the participant or beneficiary constitutes distribution of the benefit under this part.
(c) Deposit in the United States mail of a notice that the requested electronic funds transfer has been made as directed by the participant or beneficiary constitutes distribution of the benefit under this part.
(d) Distribution under subdivision (b) or (c) pursuant to the board’s determination in good faith of the existence, identity, or other facts relating to entitlement of persons constitutes a complete discharge and release of the board, system, and plan from liability for payments under this part.
(Amended by Stats. 1998, Ch. 1048, Sec. 47. Effective January 1, 1999.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 14 - STATE TEACHERS RETIREMENT SYSTEM CASH BENEFIT PROGRAM › CHAPTER 14 - Distribution of Benefits › Section 27302.

27302. If a benefit payable under this part cannot be distributed because, after a good faith effort, the participant or beneficiary cannot be located, the balances in the participant’s employee account and employer account shall be forfeited by the participant or beneficiary, but if the participant or beneficiary thereafter submits a valid claim to the system the employee and employer accounts shall be reinstated and shall be credited with all applicable interest at the minimum interest rate and additional earnings credit amounts attributable to the period during which the forfeiture was in effect.
(Amended by Stats. 1998, Ch. 965, Sec. 305. Effective January 1, 1999.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 14 - STATE TEACHERS RETIREMENT SYSTEM CASH BENEFIT PROGRAM › CHAPTER 14 - Distribution of Benefits › Section 27303.

27303. Any overpayment to a participant or beneficiary under this part shall be deducted from any subsequent benefit payment that may be payable under the plan, except as provided in Section 27303.5.
(Amended by Stats. 2010, Ch. 207, Sec. 27. (AB 2260) Effective January 1, 2011.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 14 - STATE TEACHERS RETIREMENT SYSTEM CASH BENEFIT PROGRAM › CHAPTER 14 - Distribution of Benefits › Section 27303.5.

27303.5. If an employer reports erroneous information, the system shall calculate the actuarial present value of the expected payments from the participant or beneficiary pursuant to Sections 22008 and 24617. The employer shall pay the difference between the total amount of the overpayment and the calculation of the actuarial present value of expected payments.
(Added by Stats. 2010, Ch. 207, Sec. 28. (AB 2260) Effective January 1, 2011.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 14 - STATE TEACHERS RETIREMENT SYSTEM CASH BENEFIT PROGRAM › CHAPTER 15 - Community Property › Section 27400.

27400. (a) This chapter establishes the power of a court in a dissolution of marriage or legal separation action with respect to community property rights in benefits under this part and defines the rights of nonparticipant spouses in the Cash Balance Benefit Program.
(b) For purposes of this chapter, the termination, dissolution, or nullity of a registered domestic partnership, or the legal separation of partners in a registered domestic partnership, as provided in Section 299 of the Family Code, shall be treated in the same manner as a dissolution of marriage or legal separation of a member and his or her spouse.
(Amended by Stats. 2005, Ch. 418, Sec. 11. Effective January 1, 2006.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 14 - STATE TEACHERS RETIREMENT SYSTEM CASH BENEFIT PROGRAM › CHAPTER 15 - Community Property › Section 27401.

27401. (a) For purposes of this chapter, “nonparticipant spouse” means a participant’s spouse or former spouse who is being or has been awarded a community property interest in the benefits determined by reference to the amounts credited to a participant’s employee and employer accounts or the participant’s annuity. A nonparticipant spouse who is awarded separate nominal accounts is not a participant in the Cash Balance Benefit Program. A nonparticipant spouse who receives or is awarded an interest in a participant’s annuity is not a participant in the Cash Balance Benefit Program.
(b) For purposes of this chapter, a participant’s registered domestic partner or former registered domestic partner who is being or has been awarded a community property interest in the benefits determined by reference to the amounts credited to a participant’s employee and employer accounts or the participant’s annuity shall be treated in the same manner as a nonparticipant spouse.
(Amended by Stats. 2005, Ch. 418, Sec. 12. Effective January 1, 2006.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 14 - STATE TEACHERS RETIREMENT SYSTEM CASH BENEFIT PROGRAM › CHAPTER 15 - Community Property › Section 27402.

27402. (a) Upon the legal separation or dissolution of marriage of a participant, the court shall include in the judgment or a court order the date on which the parties separated.
(b) The court may order in the judgment or court order that the participant’s employee and employer credits in accounts which are attributable to periods of participation in the plan during the marriage be divided into separate nominal accounts in the name of the participant and the nonparticipant spouse, respectively. Any employee or employer account credits that are not explicitly awarded by the judgment or court order shall be deemed the exclusive property of the participant.
(c) The determination of the court of the community property rights pursuant to this section shall be consistent with this chapter and shall address the rights of the nonparticipant spouse, including, but not limited to, retirement benefits, disability benefits, death benefits, or termination of the benefits of the participant.
(Added by Stats. 1995, Ch. 592, Sec. 16. Effective January 1, 1996.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 14 - STATE TEACHERS RETIREMENT SYSTEM CASH BENEFIT PROGRAM › CHAPTER 15 - Community Property › Section 27403.

27403. The nonparticipant spouse who is awarded separate nominal accounts pursuant to Section 27402 is not a participant of the Cash Balance Benefit Program. The nonparticipant spouse is entitled only to rights and benefits explicitly established by this chapter.
(Amended by Stats. 2004, Ch. 183, Sec. 61. Effective January 1, 2005.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 14 - STATE TEACHERS RETIREMENT SYSTEM CASH BENEFIT PROGRAM › CHAPTER 15 - Community Property › Section 27404.

27404. The nonparticipant spouse is entitled to no benefits or rights from the separate nominal accounts except as otherwise provided in this chapter. However, this section shall not be construed to limit any right arising from the accounts of a nonparticipant with respect to the Cash Balance Benefit Program which exists because the nonparticipant spouse is employed to perform creditable service subject to coverage by the program.
(Amended by Stats. 1998, Ch. 965, Sec. 309. Effective January 1, 1999.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 14 - STATE TEACHERS RETIREMENT SYSTEM CASH BENEFIT PROGRAM › CHAPTER 15 - Community Property › Section 27405.

27405. Upon the legal separation or dissolution of marriage of a participant, the court may include in the judgment or court order a determination of the community property rights of the parties in the participant’s annuity consistent with this section. Upon election under subparagraph (B) of paragraph (3) of subdivision (a) of Section 2610 of the Family Code, the court order awarding the nonparticipant spouse a community property share in the benefits of a participant receiving an annuity shall be consistent with this section.
(a) If the court does not award the entire annuity to the participant and the participant is receiving an annuity under paragraph (1) or (2) of subdivision (b) of Section 26807 or paragraph (1) of subdivision (a) of Section 26807.5, the court shall require only that the system pay from the plan the nonparticipant spouse, by separate warrant, his or her community property share of the participant’s annuity, or the option beneficiary’s annuity or both.
(b) The nonparticipant spouse may designate a beneficiary to receive his or her community property share of the participant’s annuity.
(Amended by Stats. 2006, Ch. 655, Sec. 80. Effective January 1, 2007.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 14 - STATE TEACHERS RETIREMENT SYSTEM CASH BENEFIT PROGRAM › CHAPTER 15 - Community Property › Section 27406.

27406. The nonparticipant spouse who is awarded separate nominal accounts with respect to the Cash Balance Benefit Program shall have the right to a lump-sum distribution of amounts credited to the account.
(a) The nonparticipant spouse shall file an application on a form provided by the system to obtain the distribution.
(b) The distribution is effective when the system deposits in the United States mail a warrant drawn in favor of the nonparticipant spouse and addressed to the latest address for the nonparticipant spouse on file with the system.
(c) If the nonparticipant spouse has elected on a form provided by the system to transfer all or a specified portion of the accounts that are eligible for direct trustee-to-trustee transfer under Section 401(a)(31) of Title 26 of the United States Code to the trustee of a qualified plan under Section 402 of Title 26 of the United States Code, deposit in the United States mail of a notice that the requested transfer has been made constitutes a distribution of the nonparticipant spouse’s credit balance from the separate nominal accounts. This subdivision shall not apply to a nonparticipant partner consistent with Section 402 of the Internal Revenue Code.
(d) The nonparticipant spouse is deemed to have permanently waived all rights to an annuity when the distribution becomes effective.
(e) The nonparticipant spouse may not cancel a distribution after the distribution is effective.
(f) The nonparticipant spouse shall have no right to elect to redeposit the distribution after the distribution is effective.
(Amended by Stats. 2010, Ch. 207, Sec. 29. (AB 2260) Effective January 1, 2011.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 14 - STATE TEACHERS RETIREMENT SYSTEM CASH BENEFIT PROGRAM › CHAPTER 15 - Community Property › Section 27407.

27407. No judgment or court order issued pursuant to this chapter is binding on the plan with respect to the Cash Balance Benefit Program until the plan has been joined as a party to the action and has been served with a certified copy of the judgment or court order.
(Amended by Stats. 1998, Ch. 965, Sec. 311. Effective January 1, 1999.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 14 - STATE TEACHERS RETIREMENT SYSTEM CASH BENEFIT PROGRAM › CHAPTER 15 - Community Property › Section 27408.

27408. (a) Sections 26107, 26700, 26802, 26806, 27000, 27002, paragraphs (1) of subdivision (b) of Section 26807, and paragraphs (1) and (5) of subdivision (a) of Section 26807.5 shall apply to a nonparticipant spouse as if she or he were a participant.
(b) Notwithstanding subdivision (a), this section shall not be construed to establish any right for the nonparticipant spouse that is not explicitly established in Sections 27400 to 27405, inclusive, and Sections 27409 to 27412, inclusive.
(Amended by Stats. 2006, Ch. 655, Sec. 81. Effective January 1, 2007.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 14 - STATE TEACHERS RETIREMENT SYSTEM CASH BENEFIT PROGRAM › CHAPTER 15 - Community Property › Section 27409.

27409. Upon being awarded separate nominal accounts or an interest in the annuity of a participant, a nonparticipant spouse shall provide the system with proof of his or her date of birth, social security number, and any other information requested by the system, in the form and manner requested by the system.
(Amended by Stats. 1998, Ch. 1048, Sec. 49. Effective January 1, 1999.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 14 - STATE TEACHERS RETIREMENT SYSTEM CASH BENEFIT PROGRAM › CHAPTER 15 - Community Property › Section 27410.

27410. (a) The nonparticipant spouse who is awarded separate nominal accounts shall have the right to designate, pursuant to Sections 27100 to 27102, inclusive, a beneficiary or beneficiaries to receive the amounts credited to the separate nominal accounts of the nonparticipant spouse on his or her date of death, and any annuity attributable to the separate nominal accounts which is unpaid on the date of the death of the nonparticipant spouse.
(b) This section shall not be construed to provide the nonparticipant spouse with any right to elect a joint and survivor annuity pursuant to paragraphs (3) and (4) of subdivision (b) of Section 26807 or subdivision (a) of Section 26807.5.
(Amended by Stats. 2006, Ch. 655, Sec. 82. Effective January 1, 2007.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 14 - STATE TEACHERS RETIREMENT SYSTEM CASH BENEFIT PROGRAM › CHAPTER 15 - Community Property › Section 27411.

27411. The nonparticipant spouse who is awarded a separate nominal account under this part shall have the right to an annuity pursuant to paragraph (1) or (5) of subdivision (a) of Section 26807.5.
(a) The nonparticipant spouse shall be eligible for an annuity if the following conditions are satisfied:
(1) The nonparticipant spouse has at least three thousand five hundred dollars ($3,500) in his or her separate nominal accounts.
(2) The nonparticipant spouse has attained the age of 55 years or more.
(b) An annuity of a nonparticipant spouse shall become effective upon any date designated by the nonparticipant spouse, provided:
(1) The requirements of subdivision (a) are satisfied.
(2) The nonparticipant spouse has filed an application for an annuity on a properly executed form provided by the system, which is executed no earlier than 90 days before the effective date of the annuity.
(Amended by Stats. 2006, Ch. 655, Sec. 83. Effective January 1, 2007.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 14 - STATE TEACHERS RETIREMENT SYSTEM CASH BENEFIT PROGRAM › CHAPTER 15 - Community Property › Section 27412.

27412. The system shall include the contribution and earnings credits awarded to a nonparticipant spouse in the judgment or court order to determine the eligibility of a participant for an annuity.
(Amended by Stats. 1996, Ch. 608, Sec. 55. Effective September 19, 1996. Applicable from July 1, 1996, pursuant to Sec. 58 of Ch. 608.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 14 - STATE TEACHERS RETIREMENT SYSTEM CASH BENEFIT PROGRAM › CHAPTER 15 - Community Property › Section 27413.

27413. It is the intent of the Legislature to abolish any application of the terminable interest doctrine in California relating to the division of public retirement benefits of a participant in the event of dissolution of marriage or death if the division is made under this chapter.
(Added by Stats. 1995, Ch. 592, Sec. 16. Effective January 1, 1996.)