SECTIONS 22820-22829 - California Statutes

EDUCATION CODE

SECTION 22820-22829

22820. (a) A member, other than a retired member, may request to
purchase out-of-state service credit for any of the following:
(1) Service performed in a position while employed by a public
educational institution located in another state or territory of the
United States.
(2) Educational service performed as an employee of the United
States.
(3) Service performed as an employee of an educational
institution located outside of the United States and its territories
that receives a portion of its funding from any foreign or domestic
public sources and provides a level of education comparable to
kindergarten and grades 1 to 12, inclusive, as determined by the
applicable law of the jurisdiction in which the educational
institution is located.
(4) As an employee of an educational institution that receives
funds under Section 2701 of Title 22 of the United States Code.
(b) The member may not receive credit for this service if the
member retains or is eligible to receive credit for the same service
in the Cash Balance Benefit Program under Part 14 (commencing with
Section 26000) or another public retirement system, excluding social
security.
(c) The amount of out-of-state service credit a member may
purchase may not exceed the number of years of service performed by
the member in a position described in subdivision (a).
(d) Out-of-state service credit may be purchased under this
section by means of any of the following actions:
(1) Paying an amount equal to the amount refunded from the other
public retirement system and receiving service credit under the
Defined Benefit Program pursuant to subdivision (a) of Section 22823.
(2) Paying the contributions required under the Defined Benefit
Program pursuant to subdivision (a) of Section 22823 for the service
credited in the other public retirement system.
(3) Paying an amount equal to the amount refunded from the other
public retirement system and an additional amount in accordance with
subdivision (a) of Section 22823 for the service credited in the
other public retirement system.
(4) Paying the contributions required under the Defined Benefit
Program pursuant to subdivision (a) of Section 22823 for the service
not credited to a public retirement system.
(e) Compensation for out-of-state service may not be used in
determining the highest average annual compensation earnable when
calculating final compensation.
(f) The service credit purchased under this section may not be
used to meet the eligibility requirements for benefits provided under
Sections 24001 and 24101.

22821. A member's request to purchase out-of-state service credit
pursuant to this chapter shall be submitted in writing and shall
include information as required by the board.

22822. A request pursuant to Section 22820 to purchase out-of-state
service credit may be made by a member any time prior to the
effective date of a family, survivor, disability, or retirement
allowance.

22823. A member who requests to purchase out-of-state service
credit pursuant to 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, in accordance with
subdivisions (a), (f), (g), and (h) of Section 22801.

22824. No provision of this chapter shall apply to the extent it
would require any action to be taken that would create a conflict
with Section 415 of the Internal Revenue Code of 1968 (Title 26 of
the United States Code).

22825. This chapter shall become operative on January 1, 1999.

22826. (a) A member, other than a retired member, may request to
purchase up to five years of nonqualified service credit provided the
member is vested in the Defined Benefit Program as provided in
Section 22156.
(b) A member who requests to purchase nonqualified service credit
as provided in this chapter shall contribute to the retirement fund
the actuarial cost of the service, including interest as appropriate,
as determined by the board based on the most recent valuation of the
plan with respect to the Defined Benefit Program in effect on the
date of the request, in accordance with subdivisions (a), (f), (g),
and (h) of Section 22801.

22827. (a) A member who retired for service between June 1, 2007,
and December 31, 2007, inclusive, may elect to purchase credit for
out-of-state service for either of the following:
(1) Service performed as an employee of an educational institution
located outside of the United States and its territories that
receives a portion of its funding from any foreign or domestic public
sources and provides a level of education comparable to kindergarten
and grades 1 to 12, inclusive, as determined by the applicable law
of the jurisdiction in which the educational institution is located.
(2) As an employee of an educational institution that receives
funds under Section 2701 of Title 22 of the United States Code.
(b) The member may not receive credit for service pursuant to this
section if the member retains or is eligible to receive credit for
the same service in the Cash Benefit Program under Part 14
(commencing with Section 26000) or another public retirement system,
excluding social security.
(c) The amount of service for which a member may purchase credit
may not exceed the number of years of service performed by the member
in a position described in subdivision (a) prior to that member's
effective retirement date.
(d) Compensation for out-of-state service may not be used in
determining the highest average annual compensation earnable when
calculating final compensation.
(e) The service credit purchased pursuant to this section may not
be used to meet the eligibility requirements for benefits provided
pursuant to Sections 24001 and 24101.

22828. A request to purchase out-of-state service credit pursuant
to Section 22827 must be received, as provided in Section 22375, no
later than June 30, 2009.

22829. (a) This section applies only to a member who elects to
receive out-of-state service credit pursuant to Section 22827.
(b) The member shall pay 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 at the time of
election.
(c) Contributions shall be based upon the member's age at the date
of the election and upon compensation earnable in the last school
year of credited service or either of the two immediately preceding
school years, whichever is highest.
(d) Any payment that a member may make to the system to obtain
credit for out-of-state service shall be paid in full before a member
or beneficiary may receive any adjustment in the appropriate
allowance due date because of that payment.
(e) The system shall make any appropriate adjustments to the
member's benefit allowance to reflect the purchase of additional
service retroactive to the effective date of retirement.
(f) Contributions for out-of-state service credit shall be made in
a lump sum.
(g) If the payment election described in subdivision (b) is not
received at the system's headquarters office, as described in Section
22375, within 30 days of receiving a bill for this purchase from the
system, the election shall be canceled.
(h) If the election to purchase out-of-state service is canceled
as described in subdivision (g), the member may, prior to June 30,
2009, make a new election to purchase out-of-state service pursuant
to this section.