SECTIONS 24201-24221 - California Statutes

EDUCATION CODE

SECTION 24201-24221

24201. (a) A member may retire for service under this part upon
written application for retirement to the board on a properly
executed form provided by the system, under paragraph (1) or (2) as
follows:
(1) The member has attained 55 years of age or more and has at
least five years of credited service, at least one year of which has
been performed subsequent to the most recent refund of accumulated
retirement contributions. The five years of credited service may
include out-of-state service purchased pursuant to Section 22820. The
number of years of credited service performed in California shall
not be less than the number of years necessary to determine final
compensation pursuant to Section 22134 or 22135, whichever is
applicable to the member.
(2) The member is credited with service that is not used as a
basis for benefits under any other public retirement system,
excluding the federal social security system, if the member has
attained 55 years of age or older and retires concurrently under one
or more of the retirement systems with which the member has
concurrent membership as defined in Section 22115.2.
(b) Application for retirement under paragraph (2) of subdivision
(a) may be made even if the member has not earned five years of
credited service.

24201.5. (a) A member who is eligible and applies for a disability
allowance or retirement pursuant to Section 24001 or 24101 may apply
to receive a service retirement allowance pending the determination
of his or her application for disability, subject to all of the
following:
(1) The member is eligible to retire for service under Section
24201 or 24203.
(2) The member submits the application on a form provided by the
system, subject to all of the following:
(A) The application is executed no earlier than six months before
the effective date of the retirement allowance and the effective date
is no earlier than the first day of the month in which the
application is received at the system's headquarters office, as
established pursuant to Section 22375.
(B) The effective date is later than the last day of creditable
service for which compensation is payable to the member.
(C) The effective date is no earlier than one year following the
date on which a retirement allowance was terminated pursuant to
Section 24208 or subdivision (a) of Section 24117.
(3) The effective date of the service retirement allowance can be
no earlier than the date upon and continuously after which the member
is determined to the satisfaction of the board to have been mentally
incompetent.
(4) A member who applies for service retirement under this section
is not eligible to receive a lump-sum payment and an actuarially
reduced monthly allowance pursuant to Section 24221.
(5) A member who applies for service retirement under this section
is not eligible to receive an allowance calculated pursuant to
Section 24205.
(6) (A) Except as described in subparagraph (B), a member who
applies for service retirement under this section shall not receive
service credit for each day of accumulated and unused leave of
absence for illness or injury or for education pursuant to Section
22717 or 22717.5.
(B) If the application for disability is denied, the member's
service retirement allowance shall be adjusted to the effective date
of the service retirement to include service credited pursuant to
Section 22717 or 22717.5.
(7) If the application for disability is denied, a member who
applies for a service retirement allowance under this section is
subject to all of the following:
(A) Unless otherwise provided in this part, a member who, on his
or her application for service retirement, elects an option pursuant
to Section 24300.1 or 24307 may not change or revoke that option.
(B) If the member receives a modified service retirement allowance
based on the election of an option pursuant to Section 24300.1 or
24307, that modified service retirement allowance shall continue in
effect and unchanged.
(C) If the member did not elect an option pursuant to Section
24300.1 or 24307 and receives an unmodified service retirement
allowance, that unmodified service retirement allowance shall
continue in effect and unchanged.
(b) A member who applies for service retirement under this section
may change or cancel his or her service retirement application
pursuant to Section 24204, or may terminate his or her service
retirement allowance pursuant to Section 24208.
(c) A member may not cancel his or her application for disability
prior to a determination of that application unless he or she submits
a written request to the system's headquarters office, as
established pursuant to Section 22375. If a member elects to cancel
his or her service retirement application or elects to terminate his
or her service retirement allowance as described in subdivision (b),
that election shall not cancel the application for disability.
(d) (1) Paragraph (3) of subdivision (a) of Sections 24001 and
24101 shall not apply to a member who cancels an application for
service retirement pursuant to Section 24204 or who terminates a
service retirement allowance pursuant to Section 24208, if all of the
following apply:
(A) The member earned at least one year of credited service
subsequent to the most recent terminated service retirement
allowance.
(B) The member's application for disability under this section is
pending determination by the board.
(2) If the member's application for disability under this section
is denied, paragraph (3) of subdivision (a) of Sections 24001 and
24101 shall apply if the member submits a new application for
disability.
(e) (1) If the board approves the application for disability, and
notwithstanding subdivision (f) of Section 24204, the board shall
cancel the member's application for service retirement and shall
authorize payment of a disability allowance or disability retirement.
(2) If the board approves the application for disability and the
member has received service retirement allowance payments under this
part, the effective date for the disability allowance or disability
retirement shall be the same as the effective date of the service
retirement allowance.
(f) If a member who applies for service retirement under this
section dies prior to a determination by the board on the application
for disability, the member shall be considered retired for service
at the time of death, and any subsequent benefits shall be paid
accordingly.
(g) If a member who applies for service retirement under this
section dies after the board has approved the member's application
for disability, the member shall be considered a disabled member, or
retired for disability, at the time of death, and any subsequent
benefits shall be paid accordingly, even if the member died prior to
receiving notification of the approval of his or her application for
disability.
(h) If the member changes or cancels his or her service retirement
application or terminates his or her service retirement allowance as
described in subdivision (b), the system shall make appropriate
adjustments to the applicable service retirement allowance,
disability allowance, or disability retirement allowance, retroactive
to the effective date of the disability allowance or disability
retirement allowance. Subdivision (a) of Section 24617 shall not
apply.
(i) The system may recover a service retirement allowance
overpayment made to a member by deducting that overpayment from any
subsequent disability benefit payable to the member.
(j) Nothing in this section shall be construed to allow a member
or beneficiary to receive more than one type of retirement or
disability allowance for the same period of time.

24202. (a) A member who retires for service after June 30, 1972,
shall receive a retirement allowance consisting of both of the
following:
(1) An annual allowance payable in monthly installments, upon
retirement at normal retirement age but less than age 60 1/4, equal
to 2 percent of the final compensation for each year of credited
service. If the member's retirement is effective at less than normal
retirement age and between early retirement age and normal retirement
age, the member's allowance shall be reduced by one-half of 1
percent for each full month, or fraction of a month that will elapse
until the member will attain normal retirement age.
(2) An annuity that shall be the actuarial equivalent of the
accumulated annuity deposit contributions standing to the credit of
the member's account at the time of retirement.
(b) In computing the amounts described in subdivision (a), the age
of the member on the last day of the month in which the retirement
allowance begins to accrue or such later date as provided in Section
24204 shall be used.
(c) The amendments to this section during the 1997-98 Regular
Session of the Legislature shall not apply to state employees.

24202.5. (a) A member who retires for service on or after January
1, 1999, shall receive a retirement allowance consisting of all of
the following:
(1) An annual allowance payable in monthly installments, upon
retirement equal to the percentage of the final compensation set
forth opposite the member's age at retirement in the following table
multiplied by each year of credited service:

Age at Retirement Percentage
60....................... 2.00
60 1/4 ................. 2.033
60 1/2 ................. 2.067
60 3/4................... 2.10
61....................... 2.133
61 1/4................... 2.167
61 1/2................... 2.20
61 3/4................... 2.233
62....................... 2.267
62 1/4................... 2.30
62 1/2................... 2.333
62 3/4................... 2.367
63 and over.............. 2.40

If the member's retirement is effective at less than normal
retirement age and between early retirement age and normal retirement
age, the member's allowance shall be reduced by one-half of 1
percent for each full month, or fraction of a month that will elapse
until the member will attain normal retirement age.
(2) An annuity that shall be the actuarial equivalent of the
member's accumulated annuity deposit contributions at the time of
retirement.
(3) An annuity based on the balance of credits in the member's
Defined Benefit Supplement account, pursuant to Section 25012, if
elected by the member pursuant to Section 25011 or 25011.1.
(b) In computing the amounts described in paragraph (1) of
subdivision (a), the age of the member on the last day of the month
in which the retirement allowance begins to accrue or the later date
as described in Section 24204 shall be used.

24203. (a) A member who has 30 years of credited service under this
part may retire at age 50 years or older and receive an annual
allowance equal to 2 percent of final compensation for each year of
credited service. If the member has attained age 50 years, but has
not attained early retirement age, the allowance shall be reduced by
one-quarter of 1 percent for each full month or fraction of a month
that will elapse until the member will attain early retirement age
and one-half of 1 percent for each full month, or fraction of a month
between early retirement age and normal retirement age.
(b) In computing the amounts described in subdivision (a), the age
of the member on the last day of the month in which the retirement
allowance begins to accrue or any later date provided in Section
24204 shall be used.

24203.5. (a) The percentage of final compensation used to compute
the allowance pursuant to Section 24202.5, 24203, or 24205 of a
member retiring on or after January 1, 1999, who has 30 or more years
of credited service, shall be increased by two-tenths of 1
percentage point, provided that the sum of the percentage of final
compensation used to compute the allowance, including any adjustments
for retiring before the normal retirement age, and the additional
percentage provided by this section does not exceed 2.40 percent.
(b) For purposes of establishing eligibility for the increased
allowance pursuant to this section only, credited service shall
exclude service credited pursuant to the following:
(1) Section 22714.
(2) Section 22714.5.
(3) Section 22715.
(4) Section 22717, except as provided in subdivision (b) of
Section 22121.
(5) Section 22717.5.
(c) For purposes of establishing eligibility for the increased
allowance pursuant to this section only, credited service shall
include credited service that a court has ordered be awarded to a
nonmember spouse pursuant to Section 22652. A nonmember spouse shall
also be eligible for the increased allowance pursuant to this section
if the member had 30 or more years of credited service on the date
the parties separated, as established in the judgment or court order
pursuant to Section 22652.
(d) Nonqualified service credit for which contributions pursuant
to Section 22826 were made in a lump sum on or after January 1, 2000,
or for which the first installment was made on or after January 1,
2000, may not be included in determining the eligibility for an
increased allowance pursuant to this section.

24203.6. (a) In addition to the amount otherwise payable pursuant
to Sections 24202.5, 24203, 24203.5, 24205, 24209, 24209.3, 24210,
24211, and 24212, a member shall receive an increase in the monthly
allowance, prior to any modification pursuant to Sections 24300,
24300.1, and 24309, in the amount identified in subdivision (b), if
the member meets all of the following criteria:
(1) The member retires for service on or after January 1, 2001.
(2) Prior to January 1, 2011, the member has 30 or more years of
credited service, including any credited service that a court has
ordered be awarded to a nonmember spouse pursuant to Section 22652,
but excluding service credited pursuant to the following:
(A) Section 22714.
(B) Section 22714.5.
(C) Section 22715.
(D) Section 22717, except as provided in subdivision (b) of
Section 22121.
(E) Section 22717.5.
(F) Section 22826.
(3) The member is receiving an allowance subject to Section
24203.5.
(b) The amount of the increase in the monthly allowance shall be
based on the member's years of credited service at the time of
retirement as follows:

30 years of credited service........ $200
31 years of credited service........ $300
32 or more years of credited $400
service.............................

(c) This section also applies to a nonmember spouse, if all of the
following conditions are satisfied:
(1) The member is eligible for the allowance increase pursuant to
subdivisions (a) and (b) upon his or her retirement for service.
(2) On the date the parties separated, as established in the
judgment or court order pursuant to Section 22652, the member had at
least 30 years of credited service, excluding service credited
pursuant to the following:
(A) Section 22714.
(B) Section 22714.5.
(C) Section 22715.
(D) Section 22717, except as provided in subdivision (b) of
Section 22121.
(E) Section 22717.5.
(F) Section 22826.
(3) The service credit of the member was divided into separate
accounts in the name of the member and the nonmember spouse by a
court pursuant to Section 22652. The amount identified in the
schedule in subdivision (b) and payable pursuant to this section,
that is based on the service credited during the marriage, shall be
divided and paid to the member and the nonmember spouse
proportionately according to the respective percentages of the member'
s service credit that were allocated to the member and the nonmember
spouse in the court's order.
(d) The allowance increase provided under this section is not
subject to Sections 24415 and 24417, but is subject to Section 22140.

24204. A service retirement allowance under this part shall become
effective upon any date designated by the member, provided all of the
following conditions are met:
(a) An application for service retirement allowance is filed on a
form provided by the system, which is executed no earlier than six
months before the effective date of retirement allowance.
(b) The effective date is later than the last day of creditable
service for which compensation is payable to the member.
(c) The effective date is no earlier than the first day of the
month in which the application is received at the system's
headquarters office, as established pursuant to Section 22375.
(d) The effective date is no earlier than one year following the
date on which the retirement allowance was terminated under Section
24208, or subdivision (a) of Section 24117.
(e) The effective date is no earlier than the date upon and
continuously after which the member is determined to the satisfaction
of the board to have been mentally incompetent.
(f) A member who files an application for service retirement may
change or cancel his or her retirement application, as long as the
form provided by the system is received in the system's headquarters
office, established pursuant to Section 22375, no later than the last
day of the month in which the retirement date is effective.

24205. A member retiring prior to 60 years of age, and who has
attained 55 years of age, may elect to receive one-half of the
service retirement allowance for normal retirement age for a limited
time and then revert to the full retirement allowance for normal
retirement age.
(a) The retirement allowance shall be based on service credit and
final compensation as of the date of retirement for service and shall
be calculated with the factor for normal retirement age.
(b) If the member elects a joint and survivor option under Section
24300 or 24300.1, the actuarial reduction shall be based on the
member's and beneficiary's ages as of the effective date of the early
retirement. If the member elected a preretirement option under
Section 24307, the actuarial reduction shall be based on the member's
and beneficiary's ages as determined by the provisions of that
section.
(c) One-half of the retirement allowance as of 60 years of age
shall be paid for a period of time equal to twice the elapsed time
between the effective date of retirement and the date of the retired
member's 60th birthday.
(d) The full retirement allowance as calculated under subdivision
(a) or (b) shall begin to accrue as of the first of the month
following the reduction period as specified in subdivision (c). The
full retirement allowance shall not begin to accrue prior to this
time under any circumstances, including, but not limited to, divorce
or death of the named beneficiary.
(e) The annual improvement factor provided for in Sections 22140
and 22141 shall be based upon the retirement allowance as calculated
under subdivision (a) or (b). The improvement factor shall begin to
accrue on September 1 following the retired member's 60th birthday.
These increases shall be accumulated and shall become payable when
the full retirement allowance for normal retirement age first becomes
payable.
(f) Any ad hoc benefit increase with an effective date prior to
the retired member's 60th birthday shall not affect an allowance
payable under this section. Only those ad hoc improvements with
effective dates on or after the retired member's 60th birthday shall
be accrued and accumulated and shall first become payable when the
full retirement allowance for normal retirement age becomes payable.
(g) The cancellation of an option election in accordance with
Section 24305 shall not cancel the election under this section. Upon
cancellation of the joint and survivor option, one-half of the
retired member's retirement allowance as calculated under subdivision
(a) shall become payable for the balance of the reduction period
specified in subdivision (c).
(h) If a retired member who has elected a joint and survivor
option dies during the period when the reduced allowance is payable,
the beneficiary shall receive one-half of the allowance payable to
the beneficiary until the date when the retired member would have
received the full retirement allowance for normal retirement age. At
that time, the beneficiary's allowance shall be increased to the full
amount payable to the beneficiary plus the appropriate annual
improvement factor increases and ad hoc increases.
(i) This section shall not apply to a member who retires for
service pursuant to Section 24201.5.

24206. The minimum unmodified allowance for service retirement
under the Defined Benefit Program, exclusive of annuities payable
from accumulated annuity deposit contributions and exclusive of the
balance of credits in the member's Defined Benefit Supplement
account, shall not be less than ten dollars ($10) per month
multiplied by the member's years of credited service. This guaranteed
amount shall be reduced by the amount of an unmodified allowance
payable from a local system based on service credited under the
Defined Benefit Program. If the retirement is effective at less than
age 60 years this allowance shall be reduced by one-half of 1 percent
for each full month or fraction of a month that will elapse until
the member would have reached age 60 years.

24207. If a retired member terminates a service retirement
allowance and subsequently retires under this part, the minimum
retirement allowance shall be the allowance provided by Section
24206.

24208. (a) A member retired for service under this part may
terminate the retirement allowance upon written request to the system
effective upon a date designated by the member, subject to the
following conditions:
(1) The request for termination of the retirement allowance is
filed on a form provided 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 retirement
allowance is no earlier than the first day of the month in which the
request for termination is received in the system's headquarters
office, as established pursuant to Section 22375.
(b) A member who files a request for termination of the retirement
allowance may cancel the termination upon written request to the
system, provided that the cancellation request is received in the
system's headquarters office, as established pursuant to Section
22375, no later than the last day of the month in which the
termination is effective.

24209. (a) Upon retirement for service following reinstatement, the
member shall receive a service retirement allowance equal to the sum
of both of the following:
(1) An amount equal to the monthly allowance the member was
receiving immediately preceding reinstatement, exclusive of any
amounts payable pursuant to Section 22714, 22714.5, or 22715,
increased by the improvement factor that would have been applied to
the allowance if the member had not reinstated.
(2) An amount calculated pursuant to Section 24202, 24202.5,
24203, 24203.5, or 24206 on service credited subsequent to the most
recent reinstatement, the member's age at retirement, and final
compensation.
(b) If the total amount of credited service, other than that
accrued pursuant to Sections 22714, 22714.5, 22715, 22717, 22717.5,
and 22826, is equal to or greater than 30 years, the amounts
identified in paragraphs (1), for members who initially retired on or
after January 1, 1999, and (2) of subdivision (a) shall be
calculated pursuant to Section 24203.5.
(c) If the total amount of credited service, other than that
accrued pursuant to Sections 22714, 22714.5, 22715, 22717, 22717.5,
and 22826, is equal to or greater than 30 years, upon retirement for
service following reinstatement, a member who retired pursuant to
Section 24213, and received the terminated disability allowance for
the prior retirement, shall receive a service retirement allowance
equal to the sum of the following:
(1) An amount based on the service credit accrued prior to the
effective date of the disability allowance, the member's age at the
prior retirement increased by the factor provided in Section 24203.5,
and projected final compensation.
(2) An amount calculated pursuant to Section 24202, 24202.5,
24203.5, or 24206 on service credited subsequent to the
reinstatement, the member's age at retirement, and final
compensation.
(d) For purposes of this section, final compensation shall not be
based on a determination of compensation earnable as described in
subdivision (e) of Section 22115.

24209.3. (a) Notwithstanding subdivision (a) of Section 24209 and
subdivision (d) of Section 24204, and exclusive of any amounts
payable during the prior retirement for service pursuant to Section
22714, 22714.5, or 22715:
(1) A member who retired, other than pursuant to Section 24210,
24211, 24212, or 24213, and who reinstates and performs creditable
service, as defined in Section 22119.5, after the most recent
reinstatement, in an amount equal to two or more years of credited
service, shall, upon retirement for service on or after the effective
date of this section, receive a service retirement allowance equal
to the sum of the following:
(A) An amount calculated pursuant to this chapter based on
credited service performed prior to the most recent reinstatement,
using the member's age at the subsequent service retirement, from
which age shall be deducted the total time during which the member
was retired for service, and final compensation.
(B) An amount calculated pursuant to this chapter based on
credited service performed subsequent to the most recent
reinstatement, using the member's age at the subsequent service
retirement, and final compensation.
(2) A member who retired pursuant to Section 24210 and who
reinstates and performs creditable service, as defined in Section
22119.5, after the most recent reinstatement, in an amount equal to
two or more years of credited service, shall, upon retirement for
service on or after the effective date of this section, receive a
service retirement allowance equal to the sum of the following:
(A) An amount calculated pursuant to this chapter based on service
credit accrued prior to the effective date of the disability
retirement, using the member's age at the subsequent service
retirement, from which age shall be deducted the total time during
which the member was retired for service, and indexed final
compensation to the effective date of the initial service retirement.
(B) An amount calculated pursuant to this chapter based on the
service credit accrued after termination of the disability
retirement, using the member's age at the subsequent service
retirement, from which age shall be deducted the total time during
which the member was retired for service, and final compensation.
(C) An amount calculated pursuant to this chapter based on
credited service performed subsequent to the most recent
reinstatement, using the member's age at the subsequent service
retirement, and final compensation.
(3) A member who retired pursuant to Section 24211 and who
reinstates and performs creditable service, as defined in Section
22119.5, after the most recent reinstatement, in an amount equal to
two or more years of credited service, shall, upon retirement for
service on or after the effective date of this section, receive a
service retirement allowance equal to the sum of the following:
(A) The greater of (i) the disability allowance the member was
receiving immediately prior to termination of that allowance,
excluding the children's portion, or (ii) an amount calculated
pursuant to this chapter based on service credit accrued prior to the
effective date of the disability allowance, using the member's age
at the subsequent service retirement, from which age shall be
deducted the total time during which the member was retired for
service, and final compensation using compensation earnable or
projected final compensation or a combination of both.
(B) An amount equal to either of the following:
(i) For a member who was receiving a benefit pursuant to
subdivision (a) of Section 24211, the member's credited service at
the time of the retirement pursuant to Section 24211, excluding
service credited pursuant to Section 22717 or 22717.5 or Chapter 14
(commencing with Section 22800) or Chapter 14.2 (commencing with
Section 22820) or Chapter 19 (commencing with Section 23200).
(ii) For a member who was receiving a benefit pursuant to
subdivision (b) of Section 24211, the member's projected service,
excluding service credited pursuant to Section 22717 or 22717.5 or
Chapter 14 (commencing with Section 22800) or Chapter 14.2
(commencing with Section 22820) or Chapter 19 (commencing with
Section 23200).
(C) An amount calculated pursuant to this chapter based on
credited service performed subsequent to the most recent
reinstatement, using the member's age at the subsequent service
retirement, and final compensation using compensation earnable or
projected final compensation or a combination of both.
(D) An amount based on any service credited pursuant to Chapter 14
(commencing with Section 22800) or Chapter 14.2 (commencing with
Section 22820) or Chapter 19 (commencing with Section 23200) or, for
credited service performed during the most recent reinstatement,
Section 22714, 22714.5, 22715, 22717, or 22717.5, using the member's
age at the subsequent service retirement, from which age shall be
deducted the total time during which the member was retired for
service, and final compensation using compensation earnable, or
projected final compensation, or a combination of both.
(4) A member who retired pursuant to Section 24212 or 24213 and
who reinstates and performs creditable service, as defined in Section
22119.5, after the most recent reinstatement, in an amount equal to
two or more years of credited service, shall, upon retirement for
service on or after the effective date of this section, receive a
service retirement allowance equal to the sum of the following:
(A) An amount calculated pursuant to this chapter based on the
member's projected service credit, excluding service credited
pursuant to Section 22717, 22717.5, or Chapter 14 (commencing with
Section 22800) or Chapter 14.2 (commencing with Section 22820) or
Chapter 19 (commencing with Section 23200), using the member's age at
the subsequent service retirement, from which age shall be deducted
the total time during which the member was retired for service, and
final compensation using compensation earnable or projected final
compensation or a combination of both.
(B) An amount calculated pursuant to this chapter based on
credited service performed subsequent to the most recent
reinstatement, using the member's age at the subsequent service
retirement, and final compensation, using compensation earnable or
projected final compensation or a combination of both.
(C) An amount based on any service credited pursuant to Chapter 14
(commencing with Section 22800) or Chapter 14.2 (commencing with
Section 22820) or Chapter 19 (commencing with Section 23200) or, for
credited service performed during the most recent reinstatement,
Section 22714, 22714.5, 22715, 22717, or 22717.5, using the member's
age at the subsequent service retirement, from which age shall be
deducted the total time during which the member was retired for
service, and final compensation using compensation earnable, or
projected final compensation, or a combination of both.
(b) If the total amount of credited service, other than that
accrued pursuant to Sections 22714, 22714.5, 22715, 22717, 22717.5,
and 22826, is equal to or greater than the number of years required
to be eligible for an increased allowance pursuant to this chapter or
Section 22134.5, the amounts identified in this section shall be
calculated pursuant to the section authorizing the increased benefit.
(c) For members receiving an allowance pursuant to Section 24410.5
or 24410.6, the amount payable pursuant to this section shall not be
less than the amount payable to the member as of the effective date
of reinstatement.
(d) The amount payable pursuant to this section shall not be less
than the amount that would be payable to the member pursuant to
Section 24209.
(e) For purposes of determining an allowance increase pursuant to
Sections 24415 and 24417, the calendar year of retirement shall be
the year of the subsequent retirement if the final compensation used
to calculate the allowance pursuant to this section is higher than
the final compensation used to calculate the allowance for the prior
retirement.
(f) The allowance paid pursuant to this section to a member
receiving a lump-sum payment pursuant to Section 24221 shall be
actuarially reduced to reflect that lump-sum payment.
(g) For purposes of this section, final compensation shall not be
based on a determination of compensation earnable as described in
subdivision (e) of Section 22115.

24210. Upon retirement for service following a prior disability
retirement granted pursuant to Chapter 26 (commencing with Section
24100) that was terminated, the member shall receive a service
retirement allowance calculated pursuant to Section 24202, 24202.5,
24203, 24203.5, or 24206 and equal to the sum of both of the
following:
(a) An amount based on service credit accrued prior to the
effective date of the disability retirement, the member's age as of
the effective date of the service retirement, and indexed final
compensation to the effective date of the service retirement.
(b) An amount based on the service credit accrued after
termination of the disability retirement, the member's age as of the
effective date of service retirement, and final compensation.

24211. When a member who has been granted a disability allowance
under this part after June 30, 1972, returns to employment subject to
coverage under the Defined Benefit Program and performs:
(a) Less than three years of creditable service after termination
of the disability allowance, the member shall receive a retirement
allowance which is the sum of the allowance calculated on service
credit accrued after the termination date of the disability
allowance, the age of the member on the last day of the month in
which the retirement allowance begins to accrue, and final
compensation using compensation earnable and projected final
compensation, plus the greater of either of the following:
(1) A service retirement allowance calculated on service credit
accrued as of the effective date of the disability allowance, the age
of the member on the last day of the month in which the retirement
allowance begins to accrue, and projected final compensation
excluding service credited pursuant to Sections 22717 and 22717.5 or
Chapter 14 (commencing with Section 22800) or Chapter 14.2
(commencing with Section 22820) or Chapter 19 (commencing with
Section 23200), to the termination date of the disability allowance.
(2) The disability allowance the member was receiving immediately
prior to termination of that allowance, excluding children's
portions.
(b) Three or more years of creditable service after termination of
the disability allowance, the member shall receive a retirement
allowance that is the greater of the following:
(1) A service retirement allowance calculated on all actual and
projected service excluding service credited pursuant to Sections
22717 and 22717.5 or Chapter 14 (commencing with Section 22800) or
Chapter 14.2 (commencing with Section 22820) or Chapter 19
(commencing with Section 23200), the age of the member on the last
day of the month in which the retirement allowance begins to accrue,
and final compensation using compensation earnable, or projected
final compensation, or a combination of both.
(2) The disability allowance the member was receiving immediately
prior to termination of that allowance, excluding children's
portions.
(c) The allowance shall be increased by an amount based on any
service credited pursuant to Sections 22714, 22714.5, 22715, 22717,
and 22717.5 or Chapter 14 (commencing with Section 22800) or Chapter
14.2 (commencing with Section 22820) or Chapter 19 (commencing with
Section 23200), and final compensation using compensation earnable,
or projected final compensation, or a combination of both.
(d) If the total amount of credited service, other than projected
service or service that accrued pursuant to Sections 22714, 22714.5,
22715, 22717, 22717.5, and 22826, is equal to or greater than 30
years, the amounts identified in subdivisions (a) and (b) shall be
calculated pursuant to Sections 24203.5 and 24203.6.
(e) For purposes of this section, final compensation shall not be
based on a determination of compensation earnable as described in
subdivision (e) of Section 22115.

24212. (a) If a disability allowance granted under this part after
June 30, 1972, is terminated for reasons other than those specified
in Section 24213 and the member does not return to employment subject
to coverage under the Defined Benefit Program, the member's service
retirement allowance, when payable, shall be based on projected
service, excluding service credited pursuant to Sections 22717 and
22717.5 or Chapter 14 (commencing with Section 22800) or Chapter 14.2
(commencing with Section 22820), projected final compensation, and
the age of the member on the last day of the month in which the
retirement allowance begins to accrue. The allowance payable under
this section, excluding annuities payable from accumulated annuity
deposit contributions, shall not be greater than the terminated
disability allowance excluding children's portions.
(b) The allowance shall be increased by an amount based on any
service credited pursuant to Sections 22714, 22714.5, 22715, 22717,
and 22717.5 or Chapter 14 (commencing with Section 22800) or Chapter
14.2 (commencing with Section 22820) or Chapter 19 (commencing with
Section 23200) and final compensation using compensation earnable, or
projected final compensation, or a combination of both.

24213. (a) When a member who has been granted a disability
allowance under this part after June 30, 1972, attains normal
retirement age, or at a later date when there is no dependent child,
the disability allowance shall be terminated and the member shall be
eligible for service retirement. The retirement allowance shall be
calculated on the projected final compensation and projected service
to normal retirement age, excluding service credited pursuant to
Section 22717 or 22717.5, or Chapter 14 (commencing with Section
22800) or Chapter 14.2 (commencing with Section 22820). The allowance
payable under this section, excluding annuities payable from
accumulated annuity deposit contributions, shall not be greater than
the terminated disability allowance. The allowance shall be increased
by an amount based on any service credited pursuant to Section
22714, 22714.5, 22715, 22717, or 22717.5, or Chapter 14 (commencing
with Section 22800), Chapter 14.2 (commencing with Section 22820), or
Chapter 19 (commencing with Section 23200) and projected final
compensation to normal retirement age.
(b) Upon retirement, the member may elect to modify the service
retirement allowance payable in accordance with any option provided
under this part.

24214. (a) A member retired for service under this part may perform
the activities identified in subdivision (a) or (b) of Section
22119.5 as an employee of an employer, as an employee of a third
party, or as an independent contractor within the California public
school system, but the member may not make contributions to the
retirement fund or accrue service credit based on compensation earned
from that service. 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.
(b) If a member is retired for service under this part, the rate
of pay for service performed by that member as an employee of the
employer, as an employee of a third party, or as an independent
contractor may not be less than the minimum, nor exceed that paid by
the employer to other employees performing comparable duties.
(c) A member retired for service under this part may not be
required to reinstate for performing the activities identified in
subdivision (a) or (b) of Section 22119.5 as an employee of an
employer, as an employee of a third party, or as an independent
contractor within the California public school system.
(d) A member retired for service under this part may earn
compensation for performing activities identified in subdivision (a)
or (b) of Section 22119.5 in any one school year up to the limitation
specified in subdivision (f) as an employee of an employer, as an
employee of a third party, or an independent contractor, within the
California public school system, without a reduction in his or her
retirement allowance.
(e) (1) The postretirement compensation limitation provisions set
forth in this section are not applicable to compensation earned by a
member retired for service under this part who has returned to work
after the date of retirement and, for a period of at least 12
consecutive months, has not performed the activities identified in
subdivision (a) or (b) of Section 22119.5 as an employee of an
employer, as an employee of a third party, or as an independent
contractor within the California public school system. For the
purpose of this paragraph, the period of 12 consecutive months shall
begin no earlier than the effective date of the member's most recent
retirement.
(2) The postretirement compensation limitation provisions set
forth in this section are not applicable to compensation earned for
the performance of the activities described in subdivision (a) for
which the employer is not eligible to receive state apportionment or
to compensation that is not creditable pursuant to Section 22119.2.
(f) The limitation that shall apply to the compensation for
performance of the activities identified in subdivision (a) or (b) of
Section 22119.5 by a member retired for service under this part
either as an employee of an employer, an employee of a third party,
or as an independent contractor shall, in any one school year, be an
amount calculated by the board each July 1 equal to twenty-two
thousand dollars ($22,000) adjusted by the percentage change in the
average compensation earnable of active members of the Defined
Benefit Program, as determined by the system, from the 1998-99 fiscal
year to the fiscal year ending in the previous calendar year.
(g) If a member retired for service under this part earns
compensation for performing activities identified in subdivision (a)
or (b) of Section 22119.5 in excess of the limitation specified in
subdivision (f), as an employee of an employer, as an employee of a
third party, or as an independent contractor, within the California
public school system, and if that compensation is not exempt from
that limitation under subdivision (e) or any other provisions of law,
the member's retirement allowance shall be reduced by the amount of
the excess compensation. The amount of the reduction may be equal to
the monthly allowance payable but shall not exceed the amount of the
annual allowance payable under this part for the fiscal year in which
the excess compensation was earned.
(h) The amendments to this section enacted during the 1995-96
Regular Session shall be deemed to have become operative on July 1,
1996.
(i) This section shall remain in effect only until June 30, 2012,
and shall be repealed on January 1, 2013, unless a later enacted
statute deletes or extends that date.

24214. (a) A member retired for service under this part may perform
the activities identified in subdivision (a) or (b) of Section
22119.5 as an employee of an employer, as an employee of a third
party, or as an independent contractor within the California public
school system, but the member may not make contributions to the
retirement fund or accrue service credit based on compensation earned
from that service. 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.
(b) If a member is retired for service under this part, the rate
of pay for service performed by that member as an employee of the
employer, as an employee of a third party, or as an independent
contractor within the California public school system may not be less
than the minimum, nor exceed that paid by the employer to other
employees performing comparable duties.
(c) A member retired for service under this part may not be
required to reinstate for performing the activities identified in
subdivision (a) or (b) of Section 22119.5 as an employee of an
employer, as an employee of a third party, or as an independent
contractor within the California public school system.
(d) A member retired for service under this part may earn
compensation for performing activities identified in subdivision (a)
or (b) of Section 22119.5 in any one school year up to the limitation
specified in subdivision (f) as an employee of an employer, as an
employee of a third party, or an independent contractor, within the
California public school system, without a reduction in his or her
retirement allowance.
(e) The postretirement compensation limitation provisions set
forth in this section are not applicable to compensation earned for
the performance of the activities described in subdivision (a) for
which the employer is not eligible to receive state apportionment or
to compensation that is not creditable pursuant to Section 22119.2.
(f) The limitation that shall apply to the compensation for
performance of the activities identified in subdivision (a) or (b) of
Section 22119.5 by a member retired for service under this part
either as an employee of an employer, an employee of a third party,
or as an independent contractor shall, in any one school year, be an
amount calculated by the board each July 1 equal to twenty-two
thousand dollars ($22,000) adjusted by the percentage change in the
average compensation earnable of active members of the Defined
Benefit Program, as determined by the system, from the 1998-99 fiscal
year to the fiscal year ending in the previous calendar year.
(g) If a member retired for service under this part earns
compensation for performing activities identified in subdivision (a)
or (b) of Section 22119.5 in excess of the limitation specified in
subdivision (f), as an employee of an employer, as an employee of a
third party, or as an independent contractor, within the California
public school system, the member's retirement allowance shall be
reduced by the amount of the excess compensation. The amount of the
reduction may be equal to the monthly allowance payable but may not
exceed the amount of the annual allowance payable under this part for
the fiscal year in which the excess compensation was earned.
(h) The language of this section derived from the amendments to
the section of this number added by Chapter 394 of the Statutes of
1995, enacted during the 1995-96 Regular Session, is deemed to have
become operative on July 1, 1996.
(i) This section shall become operative on July 1, 2012.

24214.5. (a) Notwithstanding Section 24214, as of July 1, 2010, the
postretirement compensation limitation that shall apply to the
compensation for performance of the activities identified in
subdivision (a) or (b) of Section 22119.5 either as an employee of an
employer, an employee of a third party, or as an independent
contractor, within the California public school system, shall be zero
dollars ($0) during the first six calendar months after a member
retired for service under this part, if the member is below normal
retirement age at the time the compensation is earned.
(b) If a member retired for service under this part earns
compensation for performing activities identified in subdivision (a)
or (b) of Section 22119.5 in excess of the limitation specified in
subdivision (a), as an employee of an employer, as an employee of a
third party, or as an independent contractor, within the California
public school system, the member's retirement allowance shall be
reduced by the amount of the excess compensation. The amount of the
reduction may be equal to the monthly allowance payable but may not
exceed the amount of the annual allowance payable under this part for
the fiscal year in which the excess compensation was earned.

24215. A member retired for service under this part whose last
employment was in the California State University, as a member of the
Defined Benefit Program or the Public Employees' Retirement System,
may serve as a member of the teaching staff of the California State
University and shall be subject to the employment limitations as
provided by the Public Employees' Retirement Law (Part 3 (commencing
with Section 20000) of Division 5 of Title 2 of the Government Code).

24216. (a) (1) A member retired for service under this part who is
appointed as a trustee or administrator by the Superintendent
pursuant to Section 41320.1, or who is appointed as a trustee
pursuant to the Local Educational Agency Intervention provisions
(Article 3.1 (commencing with Section 52055.57) of Chapter 6.1 of
Part 28 of Title 2), or a member retired for service who is assigned
by a county superintendent of schools pursuant to Article 2
(commencing with Section 42122) of Chapter 6 of Part 24, shall be
exempt from subdivisions (d) and (f) of Section 24214 for a maximum
period of 24 consecutive months.
(2) The period of exemption shall commence on the date the member
retired for service is appointed or assigned to the position and
shall end no more than 24 consecutive months from that date, after
which the limitation specified in subdivisions (d) and (f) of Section
24214 shall apply.
(3) An exemption under this subdivision shall be granted by the
system providing that the Superintendent or the county superintendent
of schools submits documentation required by the system to
substantiate the eligibility of the member retired for service for an
exemption under this subdivision. The documentation shall be
received by the system no later than June 30 of the school year for
which the exemption is to apply.
(b) (1) A member retired for service under this part who is
employed by an employer to perform creditable service in an emergency
situation to fill a vacant administrative position requiring highly
specialized skills shall be exempt from the provisions of
subdivisions (d) and (f) of Section 24214 for creditable service
performed up to one-half of the full-time position, if the vacancy
occurred due to circumstances beyond the control of the employer.
(2) The period of exemption shall commence on the date the member
retired for service is appointed or assigned to the position and
shall end no more than 24 consecutive months from that date, after
which the limitation specified in subdivisions (d) and (f) of Section
24214 shall apply.
(3) An exemption under this subdivision shall be granted by the
system subject to the following conditions:
(A) The recruitment process to fill the vacancy on a permanent
basis is expected to extend over several months.
(B) The employment is reported in a public meeting of the
governing body of the employer.
(C) The employer submits documentation required by the system to
substantiate the eligibility of the member retired for service for an
exemption under this subdivision. The documentation shall be
received by the system no later than June 30 of the school year for
which the exemption is to apply.
(4) An exemption under this subdivision shall not be granted to a
member retired for service whose termination of employment with the
employer is the basis for the vacant administrative position.
(c) This section does not apply to any person who has received
additional service credit pursuant to Section 22715 or 22716.
(d) A person who has received additional service credit pursuant
to Section 22714 or 22714.5 shall be ineligible for one year from the
effective date of retirement for the exemption provided in this
section for service performed in any school district, community
college district, or county office of education in the state.
(e) This section shall remain in effect only until June 30, 2012,
and shall be repealed on January 1, 2013, unless a later enacted
statute deletes or extends that date.

24216.5. (a) The compensation earned by a member who retired for
service under this part shall be exempt from subdivisions (d), (f),
and (g) of Section 24214, if all of the following conditions are met:
(1) The member retired for service with an effective date on or
before January 1, 2009.
(2) The member retired for service is employed by a school
district to provide any of the following:
(A) Direct classroom instruction to pupils enrolled in
kindergarten or any of grades 1 to 12, inclusive.
(B) Support and assessment for new teachers through the Beginning
Teacher Support and Assessment program authorized by Section 44279.1.
(C) Support to individuals completing student teaching
assignments.
(D) Support to individuals participating in the following
programs:
(i) Pre-Internship Teaching Program authorized pursuant to Article
5.6 (commencing with Section 44305) of Chapter 2 of Part 25.
(ii) Alternative certification programs authorized pursuant to
Article 11 (commencing with Section 44380) of Chapter 2 of Part 25.
(iii) School Paraprofessional Teacher Training Program established
pursuant to Article 12 (commencing with Section 44390) of Chapter 2
of Part 25.
(E) Instruction and pupil services provided to pupils enrolled in
special education programs authorized pursuant to Part 30 (commencing
with Section 56000) of Division 4 of Title 2.
(F) Instruction to pupils enrolled in English language learner
programs authorized pursuant to Chapter 3 (commencing with Section
300), Chapter 4 (commencing with Section 400), and Chapter 6
(commencing with Section 430) of Part 1 of Division 1.
(3) All members retired for service whose employment with a school
district meets the conditions specified in this section shall be
treated as a distinct class of temporary employees within the
existing bargaining unit whose service may not be included in
computing the service required as a prerequisite to attainment of or
eligibility for classification as a permanent employee of a school
district. The compensation for service performed by this class of
employees shall be established in accordance with subdivision (b) of
Section 24214 and agreed to in the collective bargaining agreement
between the employing school district and the exclusive
representative for the existing bargaining unit within which these
temporary employees of the school district are treated as a distinct
class.
(4) The employing school district submits documentation required
by the system to substantiate the eligibility of the temporary
employment of a member retired for service for the exemption under
this subdivision. The documentation shall be received by the system
no later than June 30 of the school year for which the exemption is
to apply.
(b) A school district that employs a member retired for service
pursuant to this section shall maintain accurate records of the
retired member's compensation earned and shall report that
compensation monthly to the system regardless of the method of
payment or the source of funds from which the compensation is paid.
(c) This section does not apply to the compensation earned for
creditable service performed by a member retired for service for a
community college district.
(d) This section shall remain in effect only until June 30, 2012,
and shall be repealed as of January 1, 2013, unless a later enacted
statute deletes or extends that date.

24216.6. (a) The compensation earned by a member who retired for
service under this part shall be exempt from subdivisions (d), (f),
and (g) of Section 24214, if all of the following conditions are met:
(1) The member retired for service with an effective date on or
before January 1, 2009.
(2) The member retired for service is employed by a school
district to provide direct remedial instruction to pupils in grades 2
to 12, inclusive. "Remedial instruction" means the programs
specified in Sections 37252 and 37252.2.
(3) All members retired for service whose employment with a school
district meets the conditions specified in this section shall be
treated as a distinct class of temporary employees within the
existing bargaining unit whose service may not be included in
computing the service required as a prerequisite to attainment of or
eligibility for classification as a permanent employee of a school
district. The compensation for service performed by this class of
employees shall be established in accordance with subdivision (b) of
Section 24214 and agreed to in the collective bargaining agreement
between the employing school district and the exclusive
representative for the existing bargaining unit within which these
temporary employees of the school district are treated as a distinct
class.
(4) The employing school district submits documentation required
by the system to substantiate the eligibility of the temporary
employment of a member retired for service for the exemption under
this subdivision. That documentation shall be on a properly executed
form provided by the system and shall be received by the system no
later than June 30 of the school year for which the exemption is to
apply.
(b) A school district that employs a member retired for service
pursuant to this section shall maintain accurate records of the
retired member's compensation earned and shall report that
compensation monthly to the system regardless of the method of
payment or the source of funds from which the compensation is paid.
(c) This section does not apply to the compensation earned for
creditable service performed by a member retired for service for a
county office of education or a community college district.
(d) This section shall remain in effect only until June 30, 2012,
and shall be repealed as of January 1, 2013, unless a later enacted
statute deletes or extends that date.

24217. A person who was a member under this part on June 30, 1972,
and had five or more years of service and who had attained age 55
years, shall have the option of receiving the allowance payable under
Section 14245, as it read on that date in lieu of the allowance
payable under subdivision (a) of Section 24202.

24218. For the purpose of calculating retirement allowances, credit
for service performed between June 30, 1956, and July 1, 1968, on a
part-time basis in each school year shall be based on the ratio that
service performed bears to the minimum full-time service required for
credit for a year of service.

24219. Members who were retired under a previously existing local
teachers' retirement system or the San Francisco Employees'
Retirement System prior to July 1, 1972, who have not retired under
this part for the local system service performed prior to July 1,
1972, shall have that portion of the retirement allowance computed
under the law in effect on June 30, 1972, whenever they retire in the
future.

24221. (a) A member who retires for service prior to January 1,
2011, may elect, on a form prescribed by the system, to receive a
lump-sum payment and an actuarially reduced monthly allowance
pursuant to this section in lieu of the monthly unmodified allowance
that would otherwise be payable to the member pursuant to this
chapter. The election under this section shall be made at the time
the member files his or her application for service retirement
allowance as provided in Section 24204.
(b) A member who makes the election described in subdivision (a)
shall receive a one-time, lump-sum payment in an amount that equals
or does not exceed the lesser of the following amounts:
(1) The actuarial present value of the amount by which (A) the
monthly unmodified allowance payable to the member pursuant to this
chapter exceeds (B) an amount equal to 2 percent of the member's
final compensation multiplied by the number of years of credited
service and divided by 12.
(2) Fifteen percent of the actuarial present value of the monthly
unmodified allowance payable to the member under this chapter.
(c) Notwithstanding any other provision of this part, a member who
makes the election described in subdivision (a) shall receive a
monthly unmodified allowance, pursuant to this chapter, that shall be
actuarially reduced to reflect the lump-sum amount paid under
subdivision (b). The actuarial reduced unmodified allowance may be
modified pursuant to Section 24300 or 24300.1.
(d) A member may not apply a lump-sum payment made pursuant to
this section for the purposes of redepositing previously refunded
retirement contributions pursuant to Chapter 19 (commencing with
Section 23200) or purchasing service credit pursuant to Chapter 14
(commencing with Section 22800), Chapter 14.2 (commencing with
Section 22820) or Chapter 14.5 (commencing with Section 22850). The
Legislature hereby finds and declares that if a member who elects to
receive a partial lump-sum payment also elects to redeposit
previously refunded retirement contributions or purchase service
credit as a result of the receipt of the lump-sum payment, the
Defined Benefit Program may experience a net actuarial impact.
(e) An election pursuant to subdivision (a) may have no net
actuarial impact to the Defined Benefit Program. The board shall
adopt present value factors to establish a corresponding actuarially
reduced monthly allowance, that results in no net actuarial impact to
the Defined Benefit Program. The Legislature reserves the right to
modify the provisions of this section to further the objective of
permitting eligible members to receive a lump-sum distribution of a
portion of their benefits, with a corresponding actuarial reduction
in their monthly allowance, so that there is no net actuarial impact
to the Defined Benefit Program.
(f) This section shall not apply to a member who retires for
service pursuant to Section 24201.5.