SECTIONS 25000-25000.9 - California Statutes

EDUCATION CODE

SECTION 25000-25000.9

25000. The Defined Benefit Supplement Program is hereby established
to provide supplemental benefits for members of the Defined Benefit
Program. The Teachers' Retirement Board shall administer the Defined
Benefit Supplement Program in accordance with the provisions of this
part.

25000.5. The design and administration of the Defined Benefit
Supplement Program shall comply with the applicable provisions of the
Internal Revenue Code and the Revenue and Taxation Code. The board
may amend the plan with respect to the Defined Benefit Supplement
Program to do any of the following:
(a) Comply with applicable federal law and regulations to the
extent permitted by law.
(b) Adopt or amend actuarial assumptions.
(c) Designate the initial plan year.
(d) Declare the annual the minimum interest rate.
(e) Declare an additional earnings credit.
(f) Declare an additional annuity credit.

25000.7. (a) A member shall have a vested right to a benefit under
the Defined Benefit Supplement Program in an amount equal to the
balance of credits in the member's Defined Benefit Supplement
account. That right shall accrue when the member's Defined Benefit
Supplement account is established pursuant to Section 25004.
(b) If a person becomes entitled to a distribution from the
program under this part that constitutes an eligible rollover
distribution within the meaning of Section 401(a)(31) of Title 26 of
the United States Code, the person may elect, under terms and
conditions established by the board, to have the distribution or a
portion thereof paid directly to a plan that constitutes an eligible
retirement plan within the meaning of Section 401(a)(31), as
specified by that person. Upon the exercise of the election by a
person with respect to a distribution or a portion thereof, the
distribution from the program of the amount so designated, once
distributable under the terms of the program, shall be made in the
form of a direct rollover to the eligible retirement plan so
specified.

25000.9. (a) For purposes of this chapter and Section 23300,
"nonmember spouse" means a member's spouse or former spouse who is
being or has been awarded a community property interest in the
service credit, accumulated retirement contributions, accumulated
Defined Benefit Supplement account balance, or benefits of the member
under this part.
(b) For purposes of this chapter and Section 23300, a member's
registered domestic partner or former registered domestic partner who
is being or has been awarded a community property interest in the
service credit, accumulated retirement contributions, accumulated
Defined Benefit Supplement account balance, or benefits of the member
under this part shall be treated in the same manner as a nonmember
spouse.
(c) A nonmember spouse may not be considered a member based upon
his or her receipt of any of the following being awarded to the
nonmember spouse as a result of legal separation, dissolution of
marriage, or dissolution of domestic partnership:
(1) A separate account of service credit and accumulated
retirement contributions, a retirement allowance, or an interest in
the member's retirement allowance under the Defined Benefit Program.
(2) A separate account based on the member's Defined Benefit
Supplement account balance, a retirement benefit, or an interest in
the member's retirement benefit under the Defined Benefit Supplement
Program.