SECTIONS 23100-23107 - California Statutes

EDUCATION CODE

SECTION 23100-23107

23100. (a) Upon the termination of a member's employment by any
cause other than death, disability, or retirement there shall be paid
to the member, pursuant to this part, each of the following:
(1) The member's accumulated retirement contributions made after
June 30, 1935.
(2) The member's accumulated annuity deposit contributions.
(3) An amount equal to the balance of credits in the member's
Defined Benefit Supplement account.
(b) Accumulated retirement contributions and accumulated annuity
deposit contributions shall include credited interest through the
date of payment.

23101. When a member's accumulated retirement contributions are
refunded, as provided in Section 23100, all rights to benefits
pertaining to the service credit represented by those contributions
under this part are forfeited. Those rights and benefits, based upon
service performed prior to refund, shall not be restored until the
member has redeposited the total of the refunded accumulated
retirement contributions, and paid the regular interest thereon as
provided in Chapter 19 (commencing with Section 23200).

23102. Prior to the system paying a refund of accumulated
retirement contributions under this part, the employer shall certify
that the member's employment has been terminated unless the
employment was terminated 12 months or more prior to the date the
member signed the refund application.

23103. Refunds to a member shall be made upon request of the
member, or may be made without a request if it appears to the board
that the member's employment is permanently terminated and the member
does not have enough credited service under the Defined Benefit
Program to qualify for service retirement under this part.

23104. (a) Deposit in the United States mail of an initial warrant
drawn as directed by the member as a refund of contributions upon
termination of employment, and addressed to the address directed by
the member, constitutes a return of the member's accumulated
retirement contributions under this part.
(b) If the member has elected on a form provided by the system to
transfer all or a specified portion of the accumulated retirement
contributions that are eligible for direct trustee-to-trustee
transfer to the trustee of a qualified plan under Section 402 of the
Internal Revenue Code of 1986 (26 U.S.C.A. Sec. 402), deposit in the
United States mail of a notice that the requested transfer has been
made constitutes a return of the member's accumulated retirement
contributions under this part.
(c) For refunds not involving direct trustee-to-trustee transfers,
if the member returns the total gross distribution amount to the
system's headquarters office, as established pursuant to Section
22375, within 30 days from the mailing date, the refund shall be
canceled and the person shall be restored as a member of the Defined
Benefit Program with all the rights and privileges under this part
restored.
(d) For refunds involving direct trustee-to-trustee transfers, if
the member returns the warrant drawn to the trustee of the qualified
plan and, if applicable, any additional amounts necessary to equal,
but in no event to exceed, the total gross distribution amount to the
system's headquarters office, as established pursuant to Section
22375, within 30 days from the mailing date, the refund shall be
canceled and the person shall be restored as a member of the Defined
Benefit Program with all the rights and privileges under this part
restored.

23106. If a member ceases to be entitled to credit for service in
the Defined Benefit Program because the member has become entitled to
credit for that service in another retirement system supported
wholly or in part by funds of the United States government, or any
state government or political subdivision thereof, the member is
entitled to a refund of the accumulated retirement contributions made
during the period for which he or she is entitled to credit in the
other retirement system.

23107. Any member of the Defined Benefit Program without
terminating membership in the program and upon making application on
forms provided by the system shall be paid a refund of the
accumulated annuity deposit contributions under this part.