SECTIONS 26400-26403 - California Statutes

EDUCATION CODE

SECTION 26400-26403

26400. (a) A person employed on a part-time basis by a school
district or county office of education to perform creditable service
for less than 50 percent of each full-time position shall become a
participant on the later of the first day that creditable service is
performed for an employer that provides the Cash Balance Benefit
Program or the effective date of the employer's governing board's
action to provide the Cash Balance Benefit Program, provided that
creditable service is not performed for the same employer with whom
the person is subject to mandatory membership in the Defined Benefit
Program.
(b) A person employed on a temporary basis by a community college
district, who is not subject to mandatory membership in the Defined
Benefit Program pursuant to Section 22502 or 22504 for each position
with the same employer, shall become a participant on the later of
the first day that creditable service is performed for an employer
that provides the Cash Balance Benefit Program or the effective date
of the employer's governing board's action to provide the Cash
Balance Benefit Program.
(c) If the employer's governing board's action to provide the Cash
Balance Benefit Program gives employees the right to elect coverage
under social security or an alternative retirement plan offered by
the employer in addition to the Cash Balance Benefit Program, the
employee may elect within 60 calendar days of the latest of the first
day that creditable service is performed, the date of the employer's
governing board's action to provide the Cash Balance Benefit
Program, or the effective date of the employer's governing board's
action to provide the Cash Balance Benefit Program to be covered by
social security or to participate in the alternative retirement plan
in lieu of participating in the Cash Balance Benefit Program. An
election may not preclude an employee from participating in the Cash
Balance Benefit Program at a later date so long as the Cash Balance
Benefit Program is provided by the employer and the employee is
eligible to participate in the Cash Balance Benefit Program.
(d) If subdivision (c) is applicable, the employer shall inform
employees pursuant to subdivision (c) of Section 26300 of their right
to make an election and the election shall be made on a properly
executed form provided by the system and filed with the employer. The
employer shall retain a copy of the employee's signed election form
and mail the original election form to the headquarters office of the
system as described in Section 22375. The election shall become
effective on the later of the first day that creditable service is
performed or the effective date of the employer's governing board's
action to provide the Cash Balance Benefit Program.
(e) If the participant's basis of employment with a school
district or county office of education that provides the Cash Balance
Benefit Program changes to employment to perform creditable service
for 50 percent or more of the full-time position during one school
year with the same employer, creditable service performed for that
employer shall no longer be covered under the Cash Balance Benefit
Program. Creditable service performed for that employer shall be
subject to coverage by the Defined Benefit Program as of the first
day of the pay period following the change in the participant's basis
of employment.
(f) If the participant's basis of employment with a community
college district changes to employment that is subject to mandatory
membership in the Defined Benefit Program pursuant to Section 22501,
22502, or 22504 during one school year with the same employer,
creditable service performed for that employer shall no longer be
covered under the Cash Balance Benefit Program. Creditable service
performed for that employer shall be subject to coverage by the
Defined Benefit Program as of the first day of the pay period
following the change in the participant's basis of employment.
(g) If the governing board of an employer subsequently provides,
in addition to the Cash Balance Benefit Program, social security
coverage, a participant covered by the Cash Balance Benefit Program
who is performing creditable service for that employer may elect to
be covered by social security in lieu of the Cash Balance Benefit
Program. That participant's election shall be made within 60 calendar
days of the date the governing board acted to provide coverage under
social security or the effective date of the governing board's
action to provide social security coverage, whichever is later. An
election under this subdivision may not preclude an employee from
participating in the Cash Balance Benefit Program at a later date if
the employee is eligible to participate in the Cash Balance Benefit
Program and the employer provides the Cash Balance Benefit Program.
(h) If the governing board of an employer provided social security
coverage with an effective date prior to January 1, 2007, and the
employer offered the Cash Balance Benefit Program as of the effective
date of the governing board's action to provide social security
coverage, a participant who was performing creditable service for
that employer may elect to be covered by social security in lieu of
the Cash Balance Benefit Program. The participant's election shall be
made on or after March 1, 2008, and on or before May 1, 2008. The
election to participate in social security shall be effective on July
1, 2008. An election under this subdivision may not preclude an
employee from participating in the Cash Balance Benefit Program at a
later date if the employee is eligible to participate in the Cash
Balance Benefit Program and the employer provides the Cash Balance
Benefit Program.
(i) An election by an employee to terminate his or her
participation in the Cash Balance Benefit Program as described in
subdivision (g) or (h) shall be made on a properly executed form
provided by the system and filed with the employer. The employer
shall retain a copy of the employee's signed election form and mail
the original election form to the headquarters office of the system,
as described in Section 22375.

26401. (a) A member of the Defined Benefit Program who is employed
to perform creditable service on a part-time basis for less than 50
percent of each full-time position by a school district or county
office of education that provides the Cash Balance Benefit Program
may elect to become a participant for creditable service subject to
coverage under the Cash Balance Benefit Program for that employer,
provided that the creditable service is not performed for the same
employer with whom the member is also subject to mandatory membership
in the Defined Benefit Program.
(b) A member of the Defined Benefit Program who is employed
pursuant to Section 87474, 87480, 87481, 87482, or 87482.5 by a
community college district that provides the Cash Balance Benefit
Program may elect to become a participant for creditable service
subject to coverage under the Cash Balance Benefit Program for that
employer, provided that the creditable service is not performed for
the same employer with whom the member is also subject to mandatory
membership in the Defined Benefit Program.
(c) The election shall be made on a properly executed form
provided by the system and shall be filed with the employer within 60
calendar days of the later of the first day of employment with an
employer that provides the Cash Balance Benefit Program, the date of
the employer's governing board's action to provide the Cash Balance
Benefit Program, or the effective date of the employer's governing
board's action to provide the Cash Balance Benefit Program.
(d) Employers shall make available to employees specified in
subdivisions (a) and (b) information and forms provided by the system
for making an election regarding participation. The employer shall
retain a copy of the employee's signed election form and mail the
original signed election form to the headquarters office of the
system as described in Section 22375. The election shall become
effective on the first day of the pay period following the pay period
in which the election is made.
(e) If an election is made pursuant to subdivision (a) and the
participant's basis of employment with that employer changes to
employment to perform creditable service for 50 percent or more of
the full-time position during one school year with the same employer,
creditable service performed for that employer shall no longer be
covered under the Cash Balance Benefit Program. Creditable service
performed for that employer shall be subject to coverage under the
Defined Benefit Program as of the first day of the pay period
following the change in the participant's basis of employment.
(f) If an election is made pursuant to subdivision (b) and the
participant's basis of employment with the community college district
changes to employment that is subject to mandatory membership in the
Defined Benefit Program pursuant to Section 22501, 22502, or 22504
during one school year with the same employer, creditable service
performed for that employer shall no longer be covered under the Cash
Balance Benefit Program. Creditable service performed for that
employer shall be subject to coverage under the Defined Benefit
Program as of the first day of the pay period following the change in
the participant's basis of employment.
(g) (1) If an employee was excluded from participation in the Cash
Balance Benefit Program pursuant to Section 26401.5, as that section
read on December 31, 2000, for the same service, the employee may
elect to become a participant for creditable service subject to
coverage under the Cash Balance Benefit Program for that employer,
provided all of the following conditions are met:
(A) The employment is pursuant to Section 87474, 87480, 87481,
87482, or 87482.5.
(B) The employer offers the Cash Balance Benefit Program.
(C) The creditable service is not also subject to mandatory
membership in the Defined Benefit Program.
(2) Employers shall, on or before May 1, 2007, make available to
employees described in this subdivision, information and forms
provided by the system for making an election regarding
participation. The employee shall submit the form to the employer
within a 60-day election period designated by the employer. The
employer shall retain a copy of the employee's signed election form
and mail the original signed election form to the headquarters office
of the system as described in Section 22375. The election shall
become effective on the first day of the pay period following the pay
period in which the election is made.

26402. (a) A member of the Defined Benefit Program who is employed
by an employer on a full-time basis to perform creditable service
subject to coverage under the Defined Benefit Program, may
participate in the Cash Balance Benefit Program for creditable
service performed for a different employer if the different employer
provides the Cash Balance Benefit Program and would otherwise
contribute to social security or an alternative retirement plan on
behalf of the member for that service. (b) This section shall become
inoperative on July 1, 2002, and, as of January 1, 2003, is repealed,
unless a later enacted statute, that becomes operative on or before
January 1, 2003, deletes or extends the dates on which it becomes
inoperative and is repealed.

26403. A person who performs trustee service for an employer who
has elected to provide benefits pursuant to this part to its
employees may elect to participate in the Cash Balance Benefit
Program for that service.