SECTIONS 22800-22811 - California Statutes

EDUCATION CODE

SECTION 22800-22811

22800. (a) Claims for permissive and additional service credit
under this part shall be corroborated by a statement from the
superintendent of schools or custodian of records of the employer for
which the service was performed.
(b) Claims for creditable service under this part performed
outside the United States or in federal schools within the United
States shall be corroborated by a statement from the custodian of
records.
(c) When the official records of the service have been destroyed,
the claim may be corroborated by one or more affidavits of knowledge
of the service, preferably by persons who served with the member at
the time the service was performed.

22801. (a) A member who requests to purchase additional service
credit as provided in this chapter and Chapter 14.2 (commencing with
Section 22820) shall pay, prior to retirement, all contributions with
respect to that service at the contribution rate for additional
service credit, adopted by the board as a plan amendment, in effect
on the date of the request to purchase additional service credit. If
the system is unable to inform the member or beneficiary of the
amount required to purchase additional service credit prior to the
effective date of the applicable allowance, the member or beneficiary
may make the required payment within 30 working days after the date
of mailing of the statement of contributions and interest required or
the effective date of the appropriate allowance, whichever is later.
The payment shall be paid in full before a member or beneficiary
receives any adjustment in the appropriate allowance due because of
that payment. Contributions shall be made in a lump sum, or in not
more than 120 monthly installments, not to exceed ten years. No
installment, except the final installment, shall be less than
twenty-five dollars ($25).
(b) If the member is employed to perform creditable service
subject to coverage by the Defined Benefit Program on the date of the
request to purchase additional service credit, the contributions
shall be based upon the compensation earnable in the current school
year or either of the two immediately preceding school years,
whichever is highest.
(c) If the member is not employed to perform creditable service
subject to coverage by the Defined Benefit Program on the date of the
request to purchase additional service credit, the contributions
shall be based upon the compensation earnable in the last school year
of credited service or either of the two immediately preceding
school years, whichever is highest, and additional regular interest
shall be added to the contributions from July 1 of the subsequent
year in which the member last performed creditable service subject to
coverage by the Defined Benefit Program to 20 days after the date of
the request.
(d) The employer may pay the amount required as employer
contributions for additional service credited under paragraphs (7),
(8), (9), and (10) of subdivision (a) of Section 22803.
(e) The Public Employees' Retirement System shall transfer the
actuarial present value of the assets of a person who makes an
election pursuant to paragraph (11) of subdivision (a) of Section
22803.
(f) Regular interest shall be charged on the monthly unpaid
balance if the member pays in installments. Regular interest may not
be charged or be payable for the period of a delay caused by the
system's inability or failure to determine and inform the member or
beneficiary of the amount of contributions and interest that is
payable. The period of delay shall commence on the 20th day following
the day on which the member or beneficiary who wishes to make
payment evidences in writing to the system that he or she is ready,
willing, and able to make payment to the system. The period of delay
shall cease on the first day of the month following the mailing of
notification of contributions and interest payable.
(g) If the payment described in subdivision (a) is not received at
the system's headquarters office, as described in Section 22375,
within 120 days of the due date, the election pursuant to this
section shall be canceled. The member shall receive credit for
additional service based on the payments that were made or the member
may request a return of his or her payments.
(h) If the election to purchase additional service credit is
canceled as described in subdivision (g), the member may, prior to
the effective date of his or her retirement, elect to purchase
additional service credit pursuant to this section.

22801.5. (a) A member who elects pursuant to Section 22508.6 to
have his or her state service subject to coverage by the Defined
Benefit Program shall receive additional service credit for the time
spent subject to coverage by the Public Employees' Retirement System
between July 1, 1991, and the effective date of the election.
(b) A member described in subdivision (a) shall pay all
contributions with respect to his or her state service as a member of
the Public Employees' Retirement System at the contribution rate for
additional service credit, adopted by the board as a plan amendment,
in effect at the time of the election. Contributions shall be made
in a lump sum or in not more than 120 monthly installments, not to
exceed ten years. Payment shall be made or shall commence within 120
days after the date of the election. No installment, except the final
installment, shall be less than twenty-five dollars ($25). The
member may not be credited with any service pursuant to this section
until the contributions have been paid in full.
(c) If the member is employed to perform creditable service at the
time of the election, the contributions shall be based upon the
compensation earnable in the current school year or either of the two
immediately preceding school years, whichever is highest.
(d) If the member is not employed to perform creditable service at
the time of the election, the contributions shall be based upon the
compensation earnable in the last school year of credited service or
either of the two immediately preceding school years, whichever is
highest.
(e) The total amount of contributions due from the member under
subdivision (b) shall be reduced by the amount received from the
Public Employees' Retirement System pursuant to Section 20309.5 of
the Government Code. Under no circumstances may the assets received
from the Public Employees' Retirement System, pursuant to that
section, be allocated or awarded to individual members or their
spouses or beneficiaries.

22802. (a) A member, other than a retired member, who was
previously excluded from membership in the Defined Benefit Program
may request to purchase service credit for:
(1) Service as a substitute excluded under Section 22602.
(2) Creditable service subject to coverage under the Cash Balance
Benefit Program, excluding service credited pursuant to Section
26402, if the member is currently contributing to the Defined Benefit
Program and has terminated all service subject to coverage under the
Cash Balance Benefit Program. Upon requesting to purchase service
credit under this paragraph, the member shall cease to be eligible
for a benefit for the same service or time previously credited under
the Cash Balance Benefit Program pursuant to Part 14 (commencing with
Section 26000).
(3) Service performed on a part-time basis excluded under Section
22601.5 or Section 22604, other than service credited under paragraph
(2).
(4) Adult education service excluded under Section 22603, as it
read on December 31, 1995.
(5) Service as a school nurse excluded under Section 22606, as it
read on December 31, 1995.
(6) Service performed in a position prior to the date the position
was made subject to coverage under the Defined Benefit Program.
(7) Service subject to coverage under the Defined Benefit Program
performed while a member of another California public retirement
system, provided the member has ceased to be a member of, and has
ceased to be entitled to benefits from, the other retirement system.
The member shall not receive credit for the service if the member may
redeposit withdrawn contributions and subsequently be eligible for
any benefits based upon the same service or based upon other
full-time service performed during the same period, from another
California public retirement system.
(b) A member who requests to purchase service credit under this
part for service performed while excluded from membership under the
Defined Benefit Program shall pay all of the required contributions
for all or the portion of that service for which the member requests
to purchase service credit.
(c) A member may not request to purchase service credit for
service or time described in paragraphs (1) and (3) to (7),
inclusive, of subdivision (a) if, after the request, the member would
continue to receive credit for the same service or time in the Cash
Balance Benefit Program under Part 14 (commencing with Section 26000)
or another public retirement system.

22803. (a) A member, other than a retired member, may request to
purchase service credit for any of the following:
(1) Service performed in a teaching position in the University of
California or California State University that is not covered by
another public retirement system.
(2) Service performed in a certificated teaching position in a
child care center operated by a county superintendent of schools or a
school district in this state.
(3) Service performed in a teaching position in the California
School for the Deaf or the California School for the Blind, or in
special classes maintained by the public schools of this state for
the instruction of the deaf, the hard of hearing, the blind, or the
semisighted.
(4) Service performed in a certificated teaching position in a
federally supported and administered Indian school in this state.
(5) Time served, not to exceed two years, in a certificated
teaching position in a job corps center administered by the United
States government in this state if the member was employed to perform
creditable service subject to coverage under the Defined Benefit
Program within one year prior to entering the job corps and returned
to employment to perform creditable service subject to coverage under
the Defined Benefit Program within six months following the date of
termination of service in the job corps.
(6) Time served, not to exceed two years, in a teaching position
as a member of the Peace Corps if the member was employed to perform
creditable service subject to coverage under the Defined Benefit
Program within one year prior to entering the Peace Corps and
returned to employment to perform creditable service subject to
coverage under the Defined Benefit Program within six months
following the date of termination of service in the Peace Corps.
(7) Time spent on a sabbatical leave, approved by an employer in
this state after meeting the requirements of Section 44969.
(8) Time spent on an approved leave, approved by an employer in
this state, to participate in any program under the federal Mutual
Educational and Cultural Exchange Program.
(9) Time spent on leave approved by an employer in this state as
maternity or paternity leave, not to exceed 24 consecutive months,
regardless of whether or not the leave was taken before or after the
addition of this subdivision.
(10) Time spent on an employer-approved leave based on the
guidelines for the Family and Medical Leave Act or the California
Family Rights Act, or both, up to a total of 12 workweeks in any
12-month period.
(11) Time spent employed by the Board of Governors of the
California Community Colleges in a position subject to coverage by
the Public Employees' Retirement System between July 1, 1991, and
December 31, 1997, provided the member has elected to return to
coverage under the State Teachers' Retirement System pursuant to
Section 20309 of the Government Code.
(b) In no event shall the member receive credit for service or
time described in paragraphs (1) to (11), inclusive, of subdivision
(a) if the member has received or is eligible to receive credit for
the same service or time in the Cash Balance Benefit Program under
Part 14 (commencing with Section 26000) or another public retirement
system.

22804. For the purposes of this chapter, war with a foreign power
exists under any of the following conditions:
(a) Whenever Congress has declared war and peace has not been
formally restored.
(b) Whenever the United States is engaged in active military
operations against any foreign power, whether or not war has been
formally declared.
(c) Whenever the United States is assisting the United Nations, in
actions involving the use of armed force, to maintain or restore
international peace and security.

22805. (a) A member may request to receive credit under this part
for time served in the active military service of the United States
or of this state, including active service in any uniformed auxiliary
to any branch of that military service authorized as an auxiliary by
Congress or the Legislature, or in the full-time paid service of the
American Red Cross prior to September 1957, if both of the following
conditions exist:
(1) The time served was during war with any foreign power or
during other national emergency, or in time of peace if the member
was drafted for that service by the United States government.
(2) The member was employed to perform creditable service subject
to coverage under the Defined Benefit Program within one year prior
to entering that service. Time included under this section shall be
considered as served in the state in which the member was last
employed before entering that service.
(b) Time during which the member was absent without compensation
for other cause, on leave or otherwise, shall not be included.

22806. (a) A member who is a state employee who retired on or after
December 31, 1981, and who was at retirement a state employee may
elect to receive credit under this part, of not to exceed four years,
for time served of not less than one year, prior to membership in
the Defined Benefit Program, in the armed forces of the United States
or in the Merchant Marine of the United States prior to January 1,
1950. Service credit shall not be granted if that service terminated
with a discharge under dishonorable conditions. The service credit to
be accorded pursuant to this section for that service shall be on
the basis of one year of credit for each five years of credited
service, but shall not exceed a total of four years of service credit
regardless of the number of years of either that service or
subsequent service. A member electing to receive credit under this
part for that service shall have been credited with at least 10 years
of service on the date of election or the date of retirement.
(b) An election by a member with respect to service credit under
this section may be made only while the member is in state or
university employment, and a retired member shall have retired
immediately following service as a member who was at retirement a
state employee. The retirement allowance of a member who elects to
receive service credit pursuant to this section shall be increased
only with respect to the allowance payable on and after the date of
election.
(c) A member who elects to become subject to this section shall
pay all reasonable administrative costs and contributions, sufficient
to cover the total employer and employee cost plus interest of the
military service credit, at rates to be determined by the board. The
amount shall be contributed in lump sum or by installments over the
period and subject to those minimum payments as may be prescribed by
regulations of the board. Payments for administrative costs shall be
credited to the current appropriation for support of the board and
available for expenditure by the board to fund positions deemed
necessary by the board to implement this section.
(d) The board has no duty to locate or notify any member or to
provide the name or address of any member, agency, or entity for the
purpose of notifying those persons.

22807. (a) A member of the Defined Benefit Program who voluntarily
requests or agrees to an extension of his or her original term of
enlistment, service, or tour of duty shall not receive credit under
this part for time served during the extension of military service
after December 31, 1958.
(b) In no event shall a member receive credit for more than four
years of military service performed after June 30, 1998, except where
otherwise authorized in accordance with Chapter 14.5 (commencing
with Section 22850).

22808. A member of the Defined Benefit Program shall not be
required to pay contributions under this part to receive credit for
service under Section 22805 under any of the following conditions:
(a) The service was performed after September 15, 1940, and the
member returned to employment subject to coverage under the Defined
Benefit Program prior to March 19, 1948.
(b) The service was performed prior to January 1, 1950, and the
member was continuously performing the service prior to that date and
returned to employment subject to coverage under the Defined Benefit
Program within six months following the termination of the service.
(c) The service was performed prior to September 14, 1978, and the
member entered that service after December 31, 1949, and returned to
employment subject to coverage under the Defined Benefit Program
within six months following the termination of the service.
(d) The service was performed prior to January 1, 1992, and the
member entered that service after August 1, 1990, and retired or
returned to employment subject to coverage under the Defined Benefit
Program and earned additional service credit within six months
following the termination of that service or within six months after
the completion of any period of rehabilitation offered by the United
States government, excluding rehabilitation solely for educational
purposes. Notwithstanding Section 22250, 22251, or 22253, employers
of members subject to this section shall not be required to make the
contributions required by Chapter 16 (commencing with Section 22950).

22809. A member of the Defined Benefit Program may elect to receive
credit under this part for teaching service performed within and
outside of this state in a war relocation center administered by the
Wartime Civil Control Administration if all of the following
conditions exist:
(a) By reason of the member's Japanese ancestry the member was
placed in a war relocation center prior to becoming a member of the
Defined Benefit Program.
(b) The member earned compensation for service in a teaching
capacity in the relocation center.
(c) The member possessed a valid California teaching credential
issued by the State Department of Education or had a bachelor's
degree in education from a California postsecondary institution.

22810. (a) Any member of the Defined Benefit Program, who was a
member of the program on June 30, 1944, may elect to receive credit
under this part for the following service performed prior to July 1,
1944, in other states, territories, or possessions of the United
States, or in Canada:
(1) Service in a teaching position that in this state would be
subject to coverage under the Defined Benefit Program.
(2) Service in a teaching position in a publicly supported and
administered university or college.
(3) Service in a teaching position with the Civilian Conservation
Corps or in an Indian school supported and administered by the United
States government.
(4) Service in a publicly supported residential school for the
deaf or the blind.
(b) In no event shall the member receive credit for this service
if the member has received or is eligible to receive credit for the
same service in another retirement system.

22811. Pursuant to terms and conditions established by the board,
members may transfer funds from eligible retirement plans into the
Teachers' Retirement Fund to purchase service credit or redeposit
previously refunded contributions pursuant to this chapter, Chapter
14.2 (commencing with Section 22820), Chapter 14.5 (commencing with
Section 22850), and Chapter 19 (commencing with Section 23200), to
the extent that the transfer is allowable under, and is completed in
a manner prescribed by, applicable federal and state law and any
related regulations.