reglab/statecodes huggingface dataset:
California Code of Regulations › Title 5 - Education › Division 3 - Teachers' Retirement System › Chapter 1 - Teachers' Retirement System › Article 14 - Investment Relationships and Campaign Contributions › Section 24011 - Disclosure and Recusal Requirement for Campaign Contributions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) No CalSTRS officer, employee or current Teachers' Retirement Board member, including the Controller, Treasurer, and Superintendent of Public Instruction shall make, participate in making or in any way attempt to use their official position to influence a decision involving an Investment Relationship with CalSTRS if the officer, employee or member has received, solicited or directed a campaign contribution, as defined in The Political Reform Act (Gov. Code, § 81000
et seq
.), valued in excess of $1,000, individually or $5000 in the aggregate, in any twelve month period prior to the dates identified in Section 24010, subdivision (e) from any person designated in Section 24010, subdivision (d). For purposes of this section, a member appointed by the Governor and the Director of Finance shall also be deemed to have received a contribution if the Governor who appointed the member or Director of Finance has received a contribution within the twelve month period prior to the dates identified in Section 24010, subdivision (e) from any person designated in Section 24010, subdivision (d).
(b) If the disqualification provision of subdivision (a) results in the lack of a quorum for the purposes of taking action on any item before the Board or any of its committees, a sufficient number of Board members to constitute a quorum shall be drawn by lot from the otherwise disqualified Board members for the purpose of establishing a quorum and taking action on items before the Board or any of its committees. Board members who have been drawn by lot to constitute a quorum shall have their participation deemed as necessary and shall be exempt from the restrictions of subdivision (a) for the purpose of establishing a quorum and participating in the deliberations and voting on an item for which a quorum could not be established absent this waiver of the restrictions of subdivision (a).
Note: Authority cited: California Constitution, Article XVI, Section 17; and Sections  22202,  22207,  22208,  22214,  22250,  22253 and  22305, Education Code. Reference: California Constitution, Article XVI, Section 17; and Sections  22250 and  22253, Education Code.
Note: Authority cited: California Constitution, Article XVI,
						Section 17; and Sections
						22202,
						22207,
						22208,
						22214,
						22250,
						22253 and
						22305, Education
						Code. Reference: California Constitution, Article XVI, Section
						17; and Sections
						22250 and
						22253, Education
						Code.
California Code of Regulations › Title 5 - Education › Division 3 - Teachers' Retirement System › Chapter 1 - Teachers' Retirement System › Article 14 - Investment Relationships and Campaign Contributions › Section 24012 - Remedies, Enforcement and Safe Harbors

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  CalSTRS' General Counsel shall cause an independent investigation to be performed
				  for any reported violation of Sections
				  24010 and
				  24011, and report any documented
				  violation to the Board for action.
(b)
				  If any party seeking an Investment Relationship with CalSTRS is found to be in
				  violation of Section
				  24010, that party shall be disqualified
				  from engaging in an Investment Relationship with CalSTRS for a period of two
				  years.
(c) Any party who has an existing
				  Investment Relationship with CalSTRS and who is found to be in violation of the
				  provisions of Section
				  24010 shall be subject to
				  disqualification from doing future or additional business with CalSTRS for a period
				  of two years.
(d) If a party voluntarily
				  reports a violation of Section
				  24010 to the CalSTRS General Counsel
				  within ninety days of the contribution being made and it is established pursuant to
				  an independent investigation that the violation was inadvertent, the
				  disqualification provision of subdivision (c) will not be applied. This safe harbor
				  provision does not apply to a knowing or intentional violation of Section
				  24010.
(e) CalSTRS staff shall maintain a current list of
				  parties engaged in an Investment Relationship subject to Section
				  24010, subdivision (d). The disclosure
				  and recusal requirements of Section
				  24011, subdivision (a) shall not apply
				  to any CalSTRS officer, employee or current Teachers' Retirement Board member,
				  including the Controller, Treasurer, and Superintendent of Public Instruction if the
				  Investment Relationship has not been published on the list maintained by CalSTRS
				  staff.
1. New section
					 filed 10-29-2007; operative 11-28-2007 (Register 2007, No.
					 44).
Note: Authority cited: California Constitution, Article XVI,
						Section 17; and Sections
						22202,
						22207,
						22208,
						22214,
						22250,
						22253 and
						22305, Education
						Code. Reference: California Constitution, Article XVI, Section
						17; and Sections
						22250 and
						22253, Education
						Code.
California Code of Regulations › Title 5 - Education › Division 3 - Teachers' Retirement System › Chapter 1 - Teachers' Retirement System › Article 14 - Investment Relationships and Campaign Contributions › Section 24013 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Thins not specifically defined herein are defined in the
					 Government Code, the Education Code, the Political Reform Act, the Fair Political
					 Practices Commission Regulations, and the Teachers' Retirement System
					 Regulations.
1. New section
					 filed 10-29-2007; operative 11-28-2007 (Register 2007, No.
					 44).
Note: Authority cited: California Constitution, Article XVI,
						Section 17; and Sections
						22202,
						22207,
						22208,
						22214,
						22250,
						22253 and
						22305, Education
						Code. Reference: California Constitution, Article XVI, Section
						17; and Sections
						22250 and
						22253, Education
						Code.
California Code of Regulations › Title 5 - Education › Division 3 - Teachers' Retirement System › Chapter 1 - Teachers' Retirement System › Article 15 - Supplemental Benefit Maintenance Account › Section 26000 - Supplemental Benefit Maintenance Account Purchasing Power Protection

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Purpose. The purpose of this regulation is to
				  outline and implement the process whereby the Board adjusts the purchasing power
				  protection provided by the Supplemental Benefit Maintenance Account (SBMA) including
				  the frequency and timing of actuarial projections and adjustments to the target
				  percentage of purchasing power.
(b)
				  Actuarial Projection.
(1) The Board shall adopt an
				  actuarial projection pursuant to subdivision (a) of Education Code section
				  22954.1 no less
				  frequently than every two years.
(A) The first
				  actuarial projection shall be based on projected assets and liabilities of the SBMA
				  as of June 30, 2009, which shall be referred to as the "June 30, 2009" projection
				  date.
(B) The actuarial projection shall
				  be based on actuarial assumptions adopted by the Board, as applied to the assets and
				  liabilities of the SBMA as of the valuation date prior to the projection date and
				  the California Consumer Price Index for the fiscal year ending on the projection
				  date.
California Code of Regulations › Title 5 - Education › Division 3 - Teachers' Retirement System › Chapter 1 - Teachers' Retirement System › Article 15.5 - Penalties and Interest for Late Remittances and Late and Unacceptable Reporting by Employers › Section 27000 - Format for Monthly Reports

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Employers shall file reports through CalSTRS' secure employer
					 website as follows:
(a) Employers reporting
				  information to the Defined Benefit Program shall comply with Section
				  1.3 of CalSTRS' F496 File Specification,
				  as revised on February 24, 2016, and hereby incorporated by reference, subject to
				  the following exclusions.
(1) Information in the
				  "Field Edits" column.
(2) The specific
				  member contribution rates associated with field positions 53-56 and
				  91-94.
California Code of Regulations › Title 5 - Education › Division 3 - Teachers' Retirement System › Chapter 1 - Teachers' Retirement System › Article 15.5 - Penalties and Interest for Late Remittances and Late and Unacceptable Reporting by Employers › Section 27001 - Acceptable Report - Defined Benefit Program

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A monthly report for the Defined Benefit
				  Program is acceptable if it is reported in compliance with Section
				  27000, subdivision (a). Reports that
				  fail to comply shall be rejected by CalSTRS, and will not be received.
(b) A monthly report shall contain the information
				  as specified in Section
				  27000 for all employees who perform
				  creditable service for an employer during the month.
(c) Information reported pursuant to Section
				  27000, subdivision (a) for one or more
				  employees from a prior month shall be aggregated and treated as a separate report
				  for the month to which it relates.
(d)
				  This section shall become inoperative on the date specified by the board pursuant to
				  Section 27800.
1. New section
					 filed 4-2-2012; operative 7-1-2012 pursuant to Government Code section
					 11343.4
					 (Register 2012, No. 14).
2. New subsection (d) and amendment of NOTE
					 filed 3-5-2020; operative 7-1-2020 (Register 2020, No.
					 10).
Note: Authority cited: California Constitution, Article XVI,
						Section 17; and Sections
						22207,
						22213,
						22214,
						22250,
						22305 and
						23004, Education
						Code. Reference: Sections
						23004,
						23005 and
						23006, Education
						Code.
California Code of Regulations › Title 5 - Education › Division 3 - Teachers' Retirement System › Chapter 1 - Teachers' Retirement System › Article 15.5 - Penalties and Interest for Late Remittances and Late and Unacceptable Reporting by Employers › Section 27002 - Acceptable Report - Cash Balance Benefit Program

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A report for the Cash Balance Benefit Program
				  is acceptable if it is reported in compliance with Section
				  27000, subdivision (b). Reports that
				  fail to comply shall be rejected by CalSTRS, and will not be received.
(b) A report shall contain the information
				  required by Section
				  27000, for all employees who perform
				  creditable service for an employer during the pay period.
(c) Information reported pursuant to Section
				  27000, subdivision (b) for one or more
				  employees from a prior pay period shall be aggregated and treated as a separate
				  report for the pay period to which it relates.
(d) This section shall become inoperative on the
				  date specified by the board pursuant to Section
				  27800.
1. New section
					 filed 4-2-2012; operative 7-1-2012 pursuant to Government Code section
					 11343.4
					 (Register 2012, No. 14).
2. Amendment of subsections (a) and (b), new
					 subsection (d) and amendment of NOTE filed 3-5-2020; operative 7-1-2020 (Register
					 2020, No. 10).
Note: Authority cited: California Constitution, Article XVI,
						Section 17; and Sections
						22207,
						22213,
						22214,
						22250,
						22305 and
						26301, Education
						Code. Reference: Section
						26301, Education
						Code.
California Code of Regulations › Title 5 - Education › Division 3 - Teachers' Retirement System › Chapter 1 - Teachers' Retirement System › Article 15.5 - Penalties and Interest for Late Remittances and Late and Unacceptable Reporting by Employers › Section 27003 - Assessment of Penalties for Late Reports - Defined Benefit Program

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A monthly report
				  received 45 or more calendar days following the month in which the creditable
				  compensation being reported was earned shall be subject to penalties based on the
				  number of calendar days it is late, in an amount equal to the cumulative value of
				  interest accruing on the sum of employer and employee contributions due for the late
				  monthly report compounded daily, based on the regular interest rate in effect that
				  day, until the report is received.
(b) A
				  monthly report that is received after 5:00 p.m. Pacific Time on the 44th calendar
				  day shall be considered to have been received on the 45th calendar day, and
				  therefore is late.
(c) Those portions of
				  a monthly report that adjust contributions remitted in a prior month shall be
				  aggregated and treated as a report adjusting incorrect contributions. The report
				  shall be late if received after 5:00 p.m. Pacific Time on the 60th calendar day
				  following discovery by the employer or notification by the system. The penalty for a
				  late report adjusting incorrect contributions shall be the cumulative value of
				  interest accruing on the sum of the absolute value of the change in employer and
				  employee contributions for each employee on the late report compounded daily, based
				  on the regular interest rate in effect that day, until the report is received.
(1) Notification by the system shall be on a form
				  containing the following items of information and shall be delivered to the employer
				  by mail or email: date the notification was mailed or emailed; fiscal year; member
				  client id; member name; reporting source or unit; member code; assignment code; pay
				  rate; pay code; earnings; contribution rate; contribution code; contribution amount;
				  beginning and ending dates of the service period; and the business rule error
				  number.
(2) A final audit report
				  delivered to the employer by mail or email shall constitute notification by the
				  system.
California Code of Regulations › Title 5 - Education › Division 3 - Teachers' Retirement System › Chapter 1 - Teachers' Retirement System › Article 15.5 - Penalties and Interest for Late Remittances and Late and Unacceptable Reporting by Employers › Section 27004 - Assessment of Penalties for Late Reports - Cash Balance Benefit Program

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A report received 11
				  or more working days following the pay period in which the salary being reported was
				  earned shall be subject to penalties based on the number of calendar days it is
				  late, in an amount equal to the cumulative value of interest accruing on the sum of
				  employer and employee contributions due for the late report compounded daily, based
				  on the regular interest rate in effect that day, until the report is
				  received.
(b) A report due on the 10th
				  working day that is received after 5:00 p.m. Pacific Time on the 10th working day
				  shall be considered to have been received on the 11th working day, and therefore is
				  late.
(c) Those portions of a report
				  that adjust contributions remitted in a prior report shall be aggregated and treated
				  as a report adjusting incorrect contributions. The report shall be late if received
				  after 5:00 p.m. Pacific Time on the 60th calendar day following discovery by the
				  employer or notification by the system. The penalty for a late report adjusting
				  incorrect contributions shall be the cumulative value of interest accruing on the
				  sum of the absolute value of the change in employer and employee contributions for
				  each employee on the late report compounded daily, based on the regular interest
				  rate in effect that day, until the report is received.
(1) Notification by the system shall be on a form
				  containing the following items of information and shall be delivered to the employer
				  by mail or email: date the notification was mailed or emailed; fiscal year;
				  participant Client ID; participant name; reporting source or unit; earnings;
				  contribution amount; pay schedule date; pay period end date; and the business rule
				  error number.
(2) A final audit report
				  delivered to the employer by mail or email shall constitute notification by the
				  system.
California Code of Regulations › Title 5 - Education › Division 3 - Teachers' Retirement System › Chapter 1 - Teachers' Retirement System › Article 15.5 - Penalties and Interest for Late Remittances and Late and Unacceptable Reporting by Employers › Section 27005 - Late Contributions - Defined Benefit Program

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In order to process contributions for any given day, the
					 contributions must be received on or before 3:00 p.m. Pacific Time.
					 Therefore,
(a) Contributions received after
				  3:00 p.m. Pacific Time shall be considered to have been received on the following
				  working day.
(b) The portion of
				  contributions due on the fifth working day that are not received by 3:00 p.m.
				  Pacific Time on that fifth working day shall be considered to have been received on
				  the sixth working day, and therefore are late.
(c) The remaining portion of contributions due on
				  the 15th working day that are not received by 3:00 p.m. Pacific Time on that 15th
				  working day shall be considered to have been received on the 16th working day, and
				  therefore are late.
1. New section
					 filed 4-2-2012; operative 7-1-2012 pursuant to Government Code section
					 11343.4
					 (Register 2012, No. 14).
Note: Authority cited: California Constitution, Article XVI,
						Section 17; and Sections
						22207,
						22213,
						22214,
						22250 and
						22305, Education
						Code. Reference: Section
						23002, Education
						Code; and Section
						4108,
						Commercial Code.
California Code of Regulations › Title 5 - Education › Division 3 - Teachers' Retirement System › Chapter 1 - Teachers' Retirement System › Article 15.5 - Penalties and Interest for Late Remittances and Late and Unacceptable Reporting by Employers › Section 27006 - Late Contributions - Cash Balance Benefit Program

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In order to process contributions for any given day, the
					 contributions must be received on or before 3:00 p.m. Pacific Time.
					 Therefore,
(a) Contributions received after
				  3:00 p.m. Pacific Time shall be considered to have been received on the following
				  working day.
(b) Contributions due on
				  the 10th working day that are not received by 3:00 p.m. Pacific Time on that 10th
				  working day shall be considered to have been received on the 11th working day, and
				  therefore are late.
1. New section
					 filed 4-2-2012; operative 7-1-2012 pursuant to Government Code section
					 11343.4
					 (Register 2012, No. 14).
Note: Authority cited: California Constitution, Article XVI,
						Section 17; and Sections
						22207,
						22213,
						22214,
						22250 and
						22305, Education
						Code. Reference: Section
						26303, Education
						Code; and Section
						4108,
						Commercial Code.
California Code of Regulations › Title 5 - Education › Division 3 - Teachers' Retirement System › Chapter 1 - Teachers' Retirement System › Article 15.5 - Penalties and Interest for Late Remittances and Late and Unacceptable Reporting by Employers › Section 27007 - Assessment of Penalties for Late Contributions - Defined Benefit Program

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A late contribution
				  shall be subject to a penalty if that contribution is received after March 1 of the
				  state fiscal year that immediately follows the state fiscal year in which the
				  contribution was due.
(1) The penalty shall be
				  assessed on the creditable compensation upon which the late contribution was based.
				  For purposes of this subdivision, creditable compensation shall include only
				  creditable compensation for which member contributions are credited under the
				  Defined Benefit Program.
(2) The penalty
				  shall be the greater of the following:
(A) The
				  state appropriation rate, pursuant to Sections
				  22954,
				  22955 and
				  22955.1 of the
				  Education Code, that is in effect on the first day of March immediately preceding
				  the date the contribution was received.
(B) Five percent.
California Code of Regulations › Title 5 - Education › Division 3 - Teachers' Retirement System › Chapter 1 - Teachers' Retirement System › Article 15.5 - Penalties and Interest for Late Remittances and Late and Unacceptable Reporting by Employers › Section 27008 - Assessment of Interest on Late Contributions - Cash Balance Benefit Program

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Interest shall be
				  charged on contributions received more than 10 working days after the date those
				  contributions are due and compounded daily based on the regular interest rate in
				  effect that day.
(b) The interest
				  assessed on late contributions provided for in this section shall not apply to
				  adjustments made to contributions for a pay period prior to the effective date of
				  this article.
(c) Adjustments to
				  contributions remitted in a prior pay period shall not be subject to the interest
				  assessed on late contributions provided for in this section if all of the following
				  are true:
(1) The adjustments are made for all
				  members of a class of employees;
(2) The
				  adjustments are made pursuant to a written employment agreement with an employer or
				  with an exclusive representative entered into by an employer, pursuant to Chapter
				  10.7 (commencing with Section
				  3540) of Division 4 of Title 1 of the
				  Government Code;
(3) The adjustments
				  become effective contemporaneously with the effective date of the written employment
				  agreement or the effective date of the provision in the agreement providing for
				  future increases in compensation; and
(4) The adjustments are remitted to the system
				  within 90 days of the effective date of the written employment agreement or the
				  effective date of the provision in the agreement providing for future increases in
				  compensation.
California Code of Regulations › Title 5 - Education › Division 3 - Teachers' Retirement System › Chapter 1 - Teachers' Retirement System › Article 15.5 - Penalties and Interest for Late Remittances and Late and Unacceptable Reporting by Employers › Section 27009 - Right to an Administrative Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An administrative hearing shall be available to an employer that
					 reports directly to the system when there is disagreement over the assessment of
					 penalties, interest, or both, pursuant to this article. A written request for an
					 administrative hearing and the reasons therefore must be received by the System at
					 its headquarters within 90 days of the mailing of written notice of such penalties,
					 interest, or both. If no request for an administrative hearing is made within the
					 time prescribed, the penalties, interest, or both assessed shall be final and any
					 right to an administrative hearing or judicial review shall be deemed forfeit and
					 waived.
1. New section
					 filed 4-2-2012; operative 7-1-2012 pursuant to Government Code section
					 11343.4
					 (Register 2012, No. 14).
Note: Authority cited: California Constitution, Article XVI,
						Section 17; and Sections
						22207,
						22213,
						22214,
						22219,
						22250 and
						22305, Education
						Code. Reference: Sections
						23010 and
						26303.5,
						Education Code.
California Code of Regulations › Title 5 - Education › Division 3 - Teachers' Retirement System › Chapter 1 - Teachers' Retirement System › Article 16 - Member's Right to Internal Informal Appeal of a Determination by CalSTRS Staff of a Right to a Benefit or Obligation › Section 27100 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For purposes of this
				  article, an applicant seeking an administrative remedy is defined as any member,
				  former member, participant, former participant, or beneficiary requesting review or
				  appealing with respect to payment of allowances, benefits or refunds, or with
				  respect to crediting service, or correction of records pursuant to Parts 13, 13.5
				  and 14 of Division 1 of Title 1 of the Education Code and Title 5, Division 3,
				  Chapter 1, section
				  20520 of the California Code of
				  Regulations.
(b) For purposes of this
				  article, Program Executive is defined as the CalSTRS Executive, or his/her designee,
				  overseeing the Program Area to which the administrative matter was assigned, as
				  deemed appropriate by the System.
(c)
				  For purposes of this article, a Decision means a decision designated as final by a
				  Director of the Program Area, or his/her designee, to which the administrative
				  matter was assigned, as deemed appropriate by the System.
(d) For purposes of this article, a Determination
				  means a determination made by the Program Executive, the Director of Audit Services,
				  or his/her designee.
(e) For purposes of
				  this article, System Headquarters is defined by Education Code section
				  22375.
(f) For purposes of this article, a Field Office
				  is a retirement counseling office defined by Education Code section
				  22303 which is
				  either established by contract or by the System.
1. New article 16
					 (sections 27100-27103) and section filed 2-9-2012;
					 operative 3-10-2012 (Register 2012, No. 6).
Note: Authority cited: California Constitution, Article XVI,
						Section 17; and Section
						22219, Education
						Code. Reference: Sections
						22107,
						22108,
						22146,
						22161.5,
						22174,
						22303,
						22375 and
						26132, Education
						Code.
California Code of Regulations › Title 5 - Education › Division 3 - Teachers' Retirement System › Chapter 1 - Teachers' Retirement System › Article 16 - Member's Right to Internal Informal Appeal of a Determination by CalSTRS Staff of a Right to a Benefit or Obligation › Section 27101 - Administrative Remedy for Benefits and Services and Financial Services

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any applicant who disagrees with a Decision,
				  excluding audit findings as referenced in section
				  27102, may request a review of that
				  Decision by the Program Executive. The request for review must:
(1) Be made in writing;
(2) Be addressed to the Program
				  Executive;
(3) State all facts, any
				  basis in the Education Code or other law that applicant believes are relevant, and
				  any other pertinent information, which may include but is not limited to medical
				  records, which the applicant relies on to dispute the Decision.
(A) The stated facts, law, and pertinent
				  information, which may include but is not limited to medical records, must be
				  submitted with all documentary evidence applicable to the disputed Decision. If
				  there is no documentary evidence, the writing should expressly state there is an
				  absence of such evidence.
(B) It is the
				  applicant's burden to show that the facts, law, and pertinent information would
				  provide a legal basis for CalSTRS to reverse the Decision.
(4) Within forty-five (45) days after the date of
				  the disputed written Decision, be received by the System Headquarters or by a
				  CalSTRS Field Office or at the following email address:
				  [CalSTRSInternalReview@calstrs.com].
California Code of Regulations › Title 5 - Education › Division 3 - Teachers' Retirement System › Chapter 1 - Teachers' Retirement System › Article 16 - Member's Right to Internal Informal Appeal of a Determination by CalSTRS Staff of a Right to a Benefit or Obligation › Section 27102 - Administrative Remedy for Audits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If an
				  applicant, as defined in Section
				  27100, subdivision (a) or an entity,
				  including but not limited to a public agency or employer, is affected by the
				  preliminary findings of an audit pursuant to Education Code section
				  22206, the
				  applicant or the entity may provide a written response to the preliminary audit
				  findings. A final audit report is a Determination and is not subject to internal
				  review by a Program Executive ("Executive Review") or the Director of Audit
				  Services.
(b) CalSTRS will inform the
				  applicant or entity of the applicant's or entity's right to an administrative
				  hearing. CalSTRS will also refer the applicant to the Office of Administrative
				  Hearings (OAH) for information pertaining to administrative hearings and provide
				  notification of the right to self-representation or counsel at their own expense and
				  that CalSTRS will be represented by counsel.
(c) If an applicant or entity disagrees with the
				  final audit Determination, the applicant or entity may request an administrative
				  hearing. The request for an administrative hearing shall be directed to the CalSTRS
				  Legal Services within ninety (90) days from the date of the final audit
				  Determination. The request shall be in writing and mailed to the following address:
				  CalSTRS Legal Services, PO Box 15275, MS #3, Sacramento, CA 95851. If an applicant
				  or entity fails to request an administrative hearing within the time prescribed,
				  such Determination or action shall be final and the right to an administrative
				  hearing shall be deemed waived.
1. New section
					 filed 2-9-2012; operative 3-10-2012 (Register 2012, No.
					 6).
Note: Authority cited: California Constitution, Article XVI,
						Section 17; and Section
						22219, Education
						Code. Reference: Sections
						22206 and
						22375, Education
						Code; and Section
						11505(b),
						Government Code.
California Code of Regulations › Title 5 - Education › Division 3 - Teachers' Retirement System › Chapter 1 - Teachers' Retirement System › Article 16 - Member's Right to Internal Informal Appeal of a Determination by CalSTRS Staff of a Right to a Benefit or Obligation › Section 27103 - Administrative Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Following the timely receipt of an administrative hearing
					 request, the CalSTRS Legal Services or the Attorney General's Office will process
					 the request for hearing in accordance with the provisions of Education Code section
					 22219,
					 subdivision (b) relating to administrative litigation.
1. New section
					 filed 2-9-2012; operative 3-10-2012 (Register 2012, No.
					 6).
Note: Authority cited: California Constitution, Article XVI,
						Section 17; Section
						22219, Education
						Code; and Section
						11501,
						Government Code. Reference: Section
						22219, Education
						Code.
California Code of Regulations › Title 5 - Education › Division 3 - Teachers' Retirement System › Chapter 2 - Compensation › Article 1 - General Provisions › Section 27200 - Members Affected by this Chapter

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This chapter applies to members who are not subject to the
					 California Public Employees' Pension Reform Act of 2013 (Article 4 [commencing with
					 Section 7522] of Chapter 21 of Division 7 of
					 Title 1 of the Government Code).
1. New chapter 2
					 (articles 1-5, sections
					 27200-27602), article 1 (sections
					 27200-27201) and section filed
					 11-18-2014; operative 1-1-2015 (Register 2014, No.
					 47).
Note: Authority cited: Section
						22305, Education
						Code. Reference: Sections
						22119.2 and
						22305, Education
						Code.
California Code of Regulations › Title 5 - Education › Division 3 - Teachers' Retirement System › Chapter 2 - Compensation › Article 1 - General Provisions › Section 27201 - Effective Date

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The provisions of Articles 2 through 4 and Section
					 27602 of Article 5 of this chapter are
					 effective beginning with compensation that is earned for service performed on or
					 after January 1, 2015. The provisions of Sections
					 27600 and
					 27601 are effective on or after January
					 1, 2015, regardless of the date service was performed.
1. New section
					 filed 11-18-2014; operative 1-1-2015 (Register 2014, No.
					 47).
Note: Authority cited: Sections
						22213 and
						22305, Education
						Code. Reference: Section
						22213, Education
						Code.
California Code of Regulations › Title 5 - Education › Division 3 - Teachers' Retirement System › Chapter 2 - Compensation › Article 2 - Class of Employees › Section 27300 - Basis of Establishment of a Class of Employees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) One or more employees constitute a class of
				  employees pursuant to Section
				  22112.5 of the
				  Education Code on the basis of any of the following:
(1) Similarity of the job duties being performed.
(A) Job duties are those activities described as
				  creditable service in Section
				  22119.5 of the
				  Education Code.
(B) The job duties
				  grouped within each paragraph and subdivision of Section
				  22119.5 of the
				  Education Code are deemed similar for the purposes of this subdivision.
(C) An employer may establish a class that is
				  comprised of employees whose assignment is a combination of two or more job
				  duties.
(D) Employees performing similar
				  job duties who are also performing activities that are related to, and an outgrowth
				  of, the instructional and guidance program of the school belong to the class of
				  employees performing the similar job duties, unless they are placed in a separate
				  class pursuant to subparagraph (C).
(E)
				  If an employer establishes a class comprised of one employee, the employer must
				  demonstrate that job duties for that class are in common use by at least two other
				  employers.
California Code of Regulations › Title 5 - Education › Division 3 - Teachers' Retirement System › Chapter 2 - Compensation › Article 2 - Class of Employees › Section 27301 - Prohibited Classes of Employees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An employer
				  may not establish a class of employees that is distinguished by any of the
				  following:
(1) The retirement benefit formula or
				  retirement program.
(2) A minimum or
				  maximum threshold for age or service credit.
(3) The characterization or restructuring of
				  compensation, in the absence of the criteria described in Section
				  27300.
(4) An option or requirement for one or more
				  employees who perform similar job duties to work a longer or shorter day, or work
				  more or fewer days per year, performing similar job duties, in the absence of the
				  criteria described in paragraph (2) of subdivision (a) of Section
				  27300, except as provided in subdivision
				  (c) of Section
				  22138.5 of the
				  Education Code for the minimum standard for full time in community
				  colleges.
(5) Performing only activities
				  related to, and an outgrowth of, the instructional and guidance program of the
				  school, because those activities must be performed in addition to other activities
				  described in Section
				  22119.5 of the
				  Education Code in order to be creditable service.
California Code of Regulations › Title 5 - Education › Division 3 - Teachers' Retirement System › Chapter 2 - Compensation › Article 3 - Creditable Compensation › Section 27400 - Salary

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Salary is
				  compensation that meets all of the following requirements:
(1) Is paid in cash by an employer to an employee
				  in accordance with a publicly available written contractual agreement.
(2) Is paid for the performance of creditable
				  service activities described in Section
				  22119.5 of the
				  Education Code.
(3) Is any of the
				  following:
(A) Explicitly characterized as salary
				  in the agreement, and used as a basis for future pay increases.
(B) Paid to perform creditable service activities
				  that are related to, and an outgrowth of, the instructional and guidance program of
				  the school.
(C) Paid to perform
				  creditable service activities that are related to the examination, selection,
				  in-service training, mentoring, or assignment of teachers, principals, or other
				  similar personnel involved in the instructional program.
(4) Paid without a requirement by the employer for
				  proof of expenditure.
California Code of Regulations › Title 5 - Education › Division 3 - Teachers' Retirement System › Chapter 2 - Compensation › Article 3 - Creditable Compensation › Section 27401 - Remuneration that is Paid in Addition to Salary

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Remuneration in addition to salary is
				  compensation that meets all of the following requirements:
(1) Is paid in cash in accordance with a publicly
				  available written contractual agreement where applicable and required by
				  law.
(2) Is not associated with the
				  performance of additional service.
(A) When the
				  contractual full time is based on load credits or a similar non-time based measure,
				  additional service includes any service that is associated with earning those
				  credits.
(3) Is paid to all
				  persons who are in a class of employees, in the same dollar amount, same percentage
				  of salary or same percentage of amount being distributed.
(4) Is paid in the same manner to all members of
				  the class of employees, and is not available in an alternative form that is subject
				  to choice on an individual basis by an employee or an employer.
(5) Is paid without a requirement by the employer
				  for proof of expenditure.
(6) Is paid
				  contingent on either of the following:
(A)
				  Availability of funds.
(B) Meeting any
				  of the following qualifications or requirements:
(i) Possession or attainment of a certificate,
				  license, special credential or advanced degree.
(ii) Career or service longevity.
(iii) Hiring, transfer or retirement.
(iv) Employment in a position that is hazardous or
				  difficult to staff.
(v) Employment in an
				  assignment in which the number of students enrolled exceeds the contractual class
				  size maximum.
(vi) Achievement of a
				  performance benchmark.
California Code of Regulations › Title 5 - Education › Division 3 - Teachers' Retirement System › Chapter 2 - Compensation › Article 4 - Noncreditable Compensation › Section 27500 - Amounts Not Deducted from a Member's Salary

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Compensation paid in addition to salary that is contingent upon the purchase of any
				  of the items described in paragraph (5) of subdivision (a) of Section
				  22119.2 of the
				  Education Code is deemed covered by the employer and is not creditable
				  compensation.
1. New article 4
					 (sections 27500-27502) and section filed
					 11-18-2014; operative 1-1-2015 (Register 2014, No.
					 47).
Note: Authority cited: Sections
						22119.2,
						22207,
						22213,
						22250 and
						22305, Education
						Code. Reference: Sections
						22119.2,
						22458 and
						24950, Education
						Code.
California Code of Regulations › Title 5 - Education › Division 3 - Teachers' Retirement System › Chapter 2 - Compensation › Article 4 - Noncreditable Compensation › Section 27501 - Fringe Benefit

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A fringe
				  benefit is any of the following:
(1) A good or
				  service for which the cost is paid to a third party or otherwise covered by the
				  employer.
(2) Compensation allocated to
				  an employee to cover a personal or business expense that could otherwise be provided
				  in the form of a good or service as specified in paragraph (1).
(3) Cash in lieu of, or cash remaining from, a
				  good or service as specified in paragraph (1).
California Code of Regulations › Title 5 - Education › Division 3 - Teachers' Retirement System › Chapter 2 - Compensation › Article 4 - Noncreditable Compensation › Section 27502 - Expenses Paid or Reimbursed by an Employer

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An expense paid by an employer includes any of
				  the following:
(1) Compensation allocated to an
				  employee to cover a cost the employee is expected to incur in the course of
				  performing duties for that employer, which could otherwise be covered by the
				  employer or provided in the form of a reimbursement of the cost.
(2) Cash paid directly to a third party or a cost
				  that is otherwise covered by the employer.
(3) Cash in lieu of, or cash remaining from,
				  compensation allocated to cover a cost pursuant to paragraph
				  (1).
California Code of Regulations › Title 5 - Education › Division 3 - Teachers' Retirement System › Chapter 2 - Compensation › Article 5 - Appropriate Crediting of Contributions › Section 27600 - Consistent Treatment of Compensation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In assessing the consistency of an increase that occurs during the period of time specified in subdivision (f), an increase is consistent if the employer demonstrates that it is due to any of the following:
(1) A restructure of compensation that is a permanent change, as indicated by not meeting either of the criteria for inconsistency described in subdivision (d).
(2) A salary deferral due to a reduction in school funds.
(3) A commensurate percentage increase in compensation earnable for the majority of members employed by the same employer.
(4) A change in duties required of the employee that is incorporated in the first contract for the immediate successor to the position.
(5) An increase in responsibility of the employee that is incorporated in the first contract for the immediate successor to the position.
(6) Attainment of an educational or performance benchmark.
(7) An increase that establishes pay parity as demonstrated by any of the following:
(A) Commensurate compensation earnable for that same position in the past.
(B) Commensurate compensation earnable for other employees performing similar duties for the same employer or other employers.
(8) A commensurate compensation earnable for the immediate successor.
(9) A commensurate compensation earnable for the immediate predecessor.
(10) More education or experience than the immediate predecessor.
(11) An increase in compensation that is required to recruit for a position which is directly responding to a specific time-bound financial crisis, not to exceed 150 percent of the base compensation earnable of the predecessor in the position or the most similar position prior to the crisis. For the purposes of this paragraph, a specific time-bound financial crisis is, for school districts, a negative certification of financial obligations pursuant to Section  1240 of the Education Code or, for community college districts, a finding of serious hardship of financial condition as defined in subdivision (c) of Section 59204 of Subchapter 4, Chapter 10, Division 6 of this Title.
California Code of Regulations › Title 5 - Education › Division 3 - Teachers' Retirement System › Chapter 2 - Compensation › Article 5 - Appropriate Crediting of Contributions › Section 27602 - Compensation that is Paid a Limited Number of Times

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Compensation is creditable to the Defined
				  Benefit Supplement account if compensation was restructured into salary or
				  remuneration in addition to salary as described in subdivision (c) of Section
				  27400 or subdivision (b) of Section
				  27401, and is paid a limited number of
				  times, has a specified end date, or is otherwise not permanent.
(b) Contributions for remuneration in addition to
				  salary that is paid pursuant to Section
				  27401 shall be credited to the member's
				  Defined Benefit Supplement account if the compensation is not ongoing, as limited by
				  either of the following:
(A) The number of times
				  is specified in law or in a publicly available written contractual
				  agreement.
(B) The compensation is not
				  scheduled to continue.
California Code of Regulations › Title 5 - Education › Division 3 - Teachers' Retirement System › Chapter 2.5 - Compensation for 2% at 62 Members › Article 1 - Creditable Compensation › Section 27650 - Paid Each Pay Period

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Remuneration paid for the service performed within 30 days of
					 the beginning or end of a pay period shall be deemed to be paid in a pay period in
					 which a member or participant performs creditable service for purposes of
					 determining creditable compensation under Section
					 22119.3 of the
					 Education Code or salary under Section
					 26139.5 of the
					 Education Code.
Note: Authority cited: Section 22305, Education Code.
						Reference: Sections 22119.3 and 26139.5, Education Code.
California Code of Regulations › Title 5 - Education › Division 3 - Teachers' Retirement System › Chapter 3 - Employer Reporting › Article 1 - Employer Direct Reporting › Section 27700 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) As used in this
				  chapter:
(1) Unless otherwise specifically named,
				  "board" means the Teachers' Retirement Board.
(2) "County" means the county superintendent of
				  schools.
(3) "County governing
				  authority" means the county board of education, or, if in possession of the relevant
				  authority to perform the activities specified in this Article, the county
				  superintendent of schools.
(4) "Direct
				  report" means an elementary, high school, or unified school district, or a community
				  college district, that is approved to report directly to the system such information
				  as that the Teachers' Retirement Board may require in the administration of the
				  State Teachers' Retirement Plan.
(5)
				  "District" means an elementary, high school, or unified school district, or a
				  community college district.
(6) "System"
				  means the California State Teachers' Retirement System.
California Code of Regulations › Title 5 - Education › Division 3 - Teachers' Retirement System › Chapter 3 - Employer Reporting › Article 1 - Employer Direct Reporting › Section 27701 - Effective Date

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The regulations
				  shall be effective for districts that are currently approved as direct reports and
				  to those that apply or are in the process of applying to become direct reports to
				  the Defined Benefit Program on or after January 1, 2016.
(b) The effective date of becoming a new direct
				  report shall be July 1 of the year specified in the resolution adopted by the
				  district governing board.
1. New section
					 filed 1-12-2016; operative 4-1-2016 (Register 2016, No.
					 3).
Note: Authority cited: Sections
						22207,
						22213 and
						22305, Education
						Code. Reference: Section
						23004, Education
						Code.