Chapter 3 - Retirement Board

California Education Code — §§ 22200-22228

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Sections (38)

Amended by Stats. 2007, Ch. 323, Sec. 2. Effective January 1, 2008.

(a)The plan and the system are administered by the Teachers’ Retirement Board. On and after January 1, 2004, the members of the board are as follows:

(1)The Superintendent of Public Instruction.

(2)The Controller.

(3)The Treasurer.

(4)The Director of Finance.

(5)Three persons who are either members of the Defined Benefit Program or participants in the Cash Balance Benefit Program, as follows:

(A)One person who, at the time of election, is an active member of the Defined Benefit Program or an active participant of the Cash Balance Benefit Program employed by a school district that provides instruction for prekindergarten, kindergarten, or grades 1 to 12, inclusive, or a county office of education, in a position other than a school administrator that requires a services credential with a specialization in administrative services. This member shall be elected by the active members of the Defined Benefit Program and active participants of the Cash Balance Benefit Program who are employed by a school district that provides instruction for prekindergarten, kindergarten, or grades 1 to 12, inclusive, or county office of education, pursuant to regulations adopted by the board, for a four-year term commencing on January 1, 2004.

(B)One person who, at the time of election, is an active member of the Defined Benefit Program or an active participant of the Cash Balance Benefit Program employed by a school district that provides instruction for prekindergarten, kindergarten, or grades 1 to 12, inclusive, or a county office of education. This member shall be elected by the active members of the Defined Benefit Program and active participants of the Cash Balance Benefit Program who are employed by a school district that provides instruction for prekindergarten, kindergarten, or grades 1 to 12, inclusive, or a county office of education, pursuant to regulations adopted by the board, for a four-year term commencing on January 1, 2004.

(C)One person who, at the time of election, is a community college instructor and an active member of the Defined Benefit Program or an active participant of the Cash Balance Benefit Program employed by a community college district, who shall be elected by the active community college members of the Defined Benefit Program and the active community college participants of the Cash Balance Benefit Program, pursuant to regulations adopted by the board, for a four-year term commencing on January 1, 2004.

(6)Five persons appointed by the Governor for a term of four years, subject to confirmation by the Senate, as follows:

(A)One person who, at the time of appointment, is a member of the governing board of a school district or a community college district.

(B)One person who is either a retired member under this part or a retired participant under Part 14 (commencing with Section 26000).

(C)Three persons representing the public, whose terms shall be staggered by varying the first terms of these members, as follows:

(i)One person to a term expiring December 31, 2005.

(ii) One person to a term expiring December 31, 2006.

(iii) One person to a term expiring December 31, 2007.

(b)A person who is employed to perform creditable service by a community college district and either a school district that provides instruction for prekindergarten, kindergarten, or grades 1 to 12, inclusive, or a county office of education, may only be elected to the position on the board that corresponds to the position in which he or she accrued the most service credit during the prior school year.

(c)The members of the board shall annually elect a chairperson and vice chairperson.

§ 22200.5

Added by Stats. 2002, Ch. 1049, Sec. 3. Effective January 1, 2003.

(a)The board shall conduct the elections of members described in Section 22200 pursuant to regulations adopted by the board.

(b)The board shall hold special elections to fill vacancies that occur during the term of the elected members of the board. If, at the time a vacancy occurs, the unexpired term is less than two years, the new member elected to fill the vacancy shall hold office for a period equal to the remainder of the term of the vacated office plus four years.

(c)The regulations adopted by the board pursuant to this section and Section 22200 shall not be subject to Article 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.

(d)The regulations adopted by the board shall provide that the elections be conducted in the most cost-effective manner deemed feasible. The board, where practicable, shall consolidate election mailings with other mailings and shall address any other feasible cost-saving measures.

§ 22201

Amended by Stats. 1998, Ch. 965, Sec. 19. Effective January 1, 1999.

(a)The board shall set policy and shall have the sole power and authority to hear and determine all facts pertaining to application for benefits under the plan or any matters pertaining to administration of the plan and the system.

(b)The board shall meet at least once every calendar quarter at such times as it may determine. The meetings shall be presided over by the chairperson. In the event of the chairperson’s absence from a meeting the vice chairperson shall act as presiding officer and perform all other duties of the chairperson.

§ 22201.2

Added by Stats. 1996, Ch. 634, Sec. 44. Effective January 1, 1997.

A quorum of the board shall consist of the majority of the board members. In determining whether or not a quorum is present, vacant positions on the board shall not be considered. The concurrence of the majority of the board members present shall be necessary to the validity of any action taken by the board.

§ 22201.3

Added by Stats. 1996, Ch. 634, Sec. 45. Effective January 1, 1997.

The chief executive officer of the system shall act as secretary of the board and shall have charge of all board correspondence and shall keep a record of board proceedings.

§ 22202

Amended by Stats. 1998, Ch. 1048, Sec. 6. Effective January 1, 1999.

The board has exclusive control of the administration of the funds. No transfers or disbursements of any amount from the funds shall be made except upon the authorization of the board for the purpose of carrying into effect the provisions of this part and Part 14 (commencing with Section 26000).

§ 22203

Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.

The board has exclusive control of the investment of the Teachers’ Retirement Fund. Except as otherwise restricted by the California Constitution and by law, the board may in its discretion invest the assets of the fund through the purchase, holding, or sale thereof of any investment, financial instrument, or financial transaction when the investment, financial instrument, or financial transaction is prudent in the informed opinion of the board.

§ 22203.5

Amended by Stats. 2003, Ch. 859, Sec. 4. Effective January 1, 2004.

(a)All investment transaction decisions made during a closed session, pursuant to paragraph (16) of subdivision (c) of Section 11126 of the Government Code, shall be by rollcall vote entered into the minutes of that meeting.

(b)The board, within 12 months of the close of an investment transaction or the transfer of system assets for an investment transaction, whichever occurs first, shall disclose and report the investment at a public meeting.

§ 22204

Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.

Each member of the board may administer oaths and affirmations to witnesses and others transacting the business of the system.

§ 22205

Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.

The board has the authority to negotiate, and enter into agreements with other states of the United States on the subject of the transfer of members’ contributions and regular interest between the retirement systems of California and other states.

§ 22206

Amended by Stats. 2000, Ch. 1021, Sec. 13. Effective January 1, 2001.

(a)As often as the board determines necessary, it may audit or cause to be audited the records of any public agency.

(b)The board may excuse any audit finding provided all of the following conditions are met:

(1)The audit finding relates to a period of time prior to July 1, 2002.

(2)The audit finding identifies an issue that is not in compliance with the provisions of this part with respect to creditable service or creditable compensation.

(3)The noncompliance would not have existed if the service and compensation crediting changes that shall become operative on July 1, 2002, as a result of legislation enacted during the second year of the 1999–2000 Regular Session, had been operative during the period of time investigated in the audit.

(4)The audit finding was included in an audit report issued on or after January 1, 2001.

(5)Excusing the audit finding will not have an adverse effect on the integrity of the retirement fund.

(c)The board’s authority pursuant to subdivision (b) shall extend to service and compensation issues identified through activities outside the audit function that address compliance with the provisions of this part.

§ 22206.1

Added by Stats. 2022, Ch. 754, Sec. 2. (AB 1667) Effective January 1, 2023.

(a)Before auditing, or causing to be audited, the records of a public agency pursuant to Section 22206, the board shall provide written notice of the intended audit to the affected public agency as well as to the exclusive representative or representatives, if any, of members that may be affected by the audit, and this notice shall apprise the public agency and the exclusive representative or representatives, if any, of the purpose and scope of the intended audit. For purposes of carrying out the provisions of this section and Section 22206.2, the public agency shall be responsible for providing the board with the name and contact information for all applicable exclusive representatives.

(b)An audited public agency shall cooperate in good faith with the board and provide all information requested by the board in a timely manner. The public agency, at the time it provides information to the board, shall also provide all the information to the exclusive representative or representatives, if any, of the members affected by the audit.

(c)An audited public agency and the exclusive representative or representatives, if any, of the members affected by the audit may provide the board with additional information relevant to the audit, and the board shall consider this information in preparing its audit findings.

(d)Prior to issuing its final audit report, the board shall provide to the audited public agency

and to the exclusive representative or representatives, if any, of the members affected by the audit, the preliminary audit findings, the statutes being addressed by the audit, and a list of every member then known by the board to be affected by the audit. Within a period to be specified by the board, which shall not be less than 60 days, the recipients may provide the board their written responses to the preliminary audit findings and the board shall consider their responses in preparing its final audit report.

(e)Within a period specified by the board of not less than 60 days, the public agency shall provide the board and the exclusive representative a list of the names of any members affected by the audit not included in the list provided by the board

pursuant to subdivision (d).

(f)Except as provided in this section, this section does not confer additional rights upon the exclusive representative, including, but not limited to, due process rights.

§ 22206.2

Added by Stats. 2022, Ch. 754, Sec. 3. (AB 1667) Effective January 1, 2023.

(a)The board shall provide the final audit report to the public agency audited pursuant to Section 22206 and to the exclusive representative or representatives, if any, of the members affected by the audit, and shall provide the audited public agency with an explanation of its appeal rights pursuant to Section 22206.3.

(b)Following the notification by the public agency of the members affected by the audit pursuant to subdivisions (d) and (e) of Section 22206.1, the board shall provide the final audit report, with an explanation of appeal rights pursuant to Section 22206.4, to each member affected by the audit.

(c)If a member is later known to have been affected by an audit, the board shall provide a copy of the final audit report and an explanation of appeal rights pursuant to Section 22206.4 to that member or former member, or their beneficiaries if the member or former member is deceased.

(d)Except as provided in this section, this section does not confer additional rights upon the exclusive representative, including, but not limited to, due process rights.

§ 22206.3

Added by Stats. 2022, Ch. 754, Sec. 4. (AB 1667) Effective January 1, 2023.

(a)If the public agency audited pursuant to Section 22206 disagrees with the final audit report, it may request an administrative hearing pursuant to Section 22219. The request shall be made in writing and be mailed or emailed to the address identified in the final audit report within 90 days of the board’s transmission of the final audit report to the public agency as provided in Section 22206.2.

(b)If the audited public agency fails to request an administrative hearing within the time provided in subdivision (a), the right to an administrative hearing shall be deemed waived, and the findings of the final audit report shall be deemed the board’s final

determination as to that public agency.

§ 22206.4

Added by Stats. 2022, Ch. 754, Sec. 5. (AB 1667) Effective January 1, 2023.

(a)If a member affected by an audit disagrees with the final audit report, the member may request an administrative hearing pursuant to Section 22219. The request shall be made in writing and be mailed or emailed to the designated address identified in the final audit report within 90 days of the board’s transmission of the final audit report to the member, as provided in Section 22206.2.

(b)If a member affected by the audit fails to request an administrative hearing within the

time provided in subdivision (a), the member’s right to an administrative hearing shall be deemed waived, and the findings of the final audit report shall be deemed the board’s final determination as to that member.

§ 22206.5

Added by Stats. 2022, Ch. 754, Sec. 6. (AB 1667) Effective January 1, 2023.

The system shall make all final employer audit reports available on its internet website. Personal information regarding members shall be excluded to the extent necessary to protect their privacy.

§ 22207

Amended by Stats. 2007, Ch. 323, Sec. 3. Effective January 1, 2008.

The board shall perform any other acts necessary for the administration of the system and the plan in carrying into effect the provisions of this part and Part 14 (commencing with Section 26000), which may include, but shall not be limited to, requesting the following information from a member, participant, or beneficiary:

(a)Financial statements, certified copies of state and federal income tax records, or evidence of financial status.

(b)Employment, legal, or medical documentation.

§ 22208

Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.

The board may appoint a committee of two or more of its members to perform any act within the power of the board itself to perform. The board may also delegate authority to the chief executive officer to perform any such act. Except where the board, in delegating that authority, provides that the committee or the chief executive officer may act finally, all acts of the committee or the chief executive officer shall be reported to the board at its next regular meeting and shall be subject to review, ratification, or reversal by the board.

§ 22209

Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.

The office of chief executive officer shall be filled by appointment by the board and the appointee shall serve at the pleasure of the board.

§ 22210

Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.

(a)Reversal by the board of any act of the committee or the chief executive officer shall be effective on the date fixed by the board.

(b)Payment of benefits prior to the board’s action of reversal may not be affected by such an action, except for the recovery of the amounts paid, from the beneficiary receiving the amounts, as the board may direct.

§ 22212