Added by Stats. 1995, Ch. 592, Sec. 16. Effective January 1, 1996.
Unless otherwise specified, the definitions set forth in this chapter govern the construction of this part.
Chapter 2 - Definitions
California Education Code — §§ 26100-26145
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Added by Stats. 1995, Ch. 592, Sec. 16. Effective January 1, 1996.
“Actuarial equivalent” means a benefit that has the same present value as the benefit it replaces based on interest rates and mortality tables recommended by the actuary and adopted by the board as a plan amendment.
Amended by Stats. 1998, Ch. 965, Sec. 231. Effective January 1, 1999.
“Actuary” means a person professionally trained in the technical and mathematical aspects of insurance, pensions, and related fields who has been appointed by the board for the purpose of actuarial services required under this part.
Added by Stats. 1995, Ch. 592, Sec. 16. Effective January 1, 1996.
“Additional earnings credit” means a percentage determined by the board for a plan year by means of a plan amendment and credited to employee accounts and employer accounts on a specified date.
Amended by Stats. 2000, Ch. 1025, Sec. 38. Effective January 1, 2001.
“Administrative costs” means the costs of administering the Cash Balance Benefit Program for the plan year as determined by the board.
Amended by Stats. 1998, Ch. 1048, Sec. 15. Effective January 1, 1999.
“Annuitant Reserve” means the reserve account established by the board within the State Teachers’ Retirement Fund for the payment of monthly annuities with respect to the Cash Balance Benefit Program.
Added by Stats. 1995, Ch. 592, Sec. 16. Effective January 1, 1996.
“Annuity” means an amount of money payable in monthly installments for a period determined by the option elected by the participant or beneficiary.
Added by Stats. 2016, Ch. 559, Sec. 13. (AB 1875) Effective January 1, 2017.
(a)For purposes of this part, “annuity beneficiary” means the person or trust designated by a participant pursuant to Section 26807, 26807.5, 26906, or 26906.5 to receive an annuity upon the participant’s death.
(b)For purposes of this section, “trust” means an irrevocable trust with the following characteristics:
(1)The trust satisfies the requirements of subparagraph (A) or (C) of paragraph (4) of subdivision (d) of Section 1396p of Title 42 of the United States Code.
(2)The trust satisfies the requirements of Section 1.401(a)(9)-4 of Title 26 of the Code of Federal
Regulations.
(3)The trust, or the account in a pooled trust, is for the sole benefit of a single beneficiary and other beneficiaries to the trust, if any, are successor beneficiaries.
(4)The beneficiary of the trust who is beneficiary with respect to the trust’s interest in the participant’s benefit shall be considered the designated beneficiary for the purpose of determining eligibility for, and the amount and duration of, benefits under the program.
Amended by Stats. 2018, Ch. 416, Sec. 26. (SB 1165) Effective January 1, 2019.
“Basis of employment” means the standard of time over which the employer expects service to be performed by an employee in the position during the school term.
Added by Stats. 1995, Ch. 592, Sec. 16. Effective January 1, 1996.
“Beneficiary” means any person or persons or entity designated by the participant pursuant to this part or otherwise entitled by law to receive the death benefit under the plan.
Added by Stats. 1995, Ch. 592, Sec. 16. Effective January 1, 1996.
“Board” means the Teachers’ Retirement Board.
Amended by Stats. 1998, Ch. 1048, Sec. 17. Effective January 1, 1999.
“Cash Balance Benefit Program” means the benefit program set forth in this part of the State Teachers’ Retirement Law.
Added by Stats. 1996, Ch. 1165, Sec. 37. Effective January 1, 1997.
(a)“Class of employees” means a number of employees considered as a group because they are employed to perform similar duties, are employed in the same type of program, or share other similarities related to the nature of the work being performed.
(b)A class of employees may be comprised of one person if no other person employed by the employer performs similar duties, is employed in the same type of program, or shares other similarities related to the nature of the work being performed and that same class is in common use among other employers.
(c)The board shall have the right to override the determination by an employer as to whether or not a group or an individual constitutes a “class of employees” within the meaning of this section.
(d)This section shall be deemed to have become operative on July 1, 1996.
Amended by Stats. 2022, Ch. 231, Sec. 2. (AB 1824) Effective January 1, 2023.
(a)“Creditable service” means any of the activities described in subdivision (b) performed for any of the following employers:
(1)A prekindergarten through grade 12 employer in a position with certification qualifications authorized by the Commission on Teacher Credentialing pursuant to Section 44001.
(2)A community college employer by a faculty member, as defined in Section 87003, in an academic position, as defined in subdivision (b) of Section 87001, or by an educational administrator, as defined in subdivision (b) of Section 87002, subject to the appropriate minimum standards adopted by the Board of Governors of the California Community Colleges pursuant to Section 87356, or pursuant to a
contract between a community college district and the United States Department of Defense to provide vocational training.
(3)A charter school employer under the provisions of an approved charter for the operation of a charter school for which the charter school is eligible to receive state apportionment.
(b)The types of activities are any of the following:
(1)The work of teachers, instructors, district interns, and academic employees employed in the instructional program for pupils, including special programs such as adult education, regional occupational programs, childcare centers, and prekindergarten programs pursuant to Section 22161.
(2)Education or vocational counseling, guidance, and placement services.
(3)The work of employees who plan courses of study to be used in California public schools, or research connected with the evaluation or efficiency of the instructional program.
(4)The selection, collection, preparation, classification, demonstration, or evaluation of instructional materials of any course of study for use in the development of the instructional program in California public schools, or other services related to California public school curriculum.
(5)The examination, selection, in-service training, mentoring, or assignment of teachers, principals, or other similar personnel involved in the instructional program.
(6)The work of nurses, physicians, speech therapists, psychologists, audiologists, and other California public school health
professionals.
(7)Services as a California public school librarian.
(8)Activities connected with the enforcement of the laws relating to compulsory education, coordination of child welfare activities involving the school and the home, and the school adjustment of pupils.
(9)The work of employees who are responsible for the supervision of persons or administration of the duties described in this subdivision.
(c)“Creditable service” also means any of the activities described in subdivision (b) when they are performed for an employer by:
(1)Superintendents of California public schools, and presidents and chancellors of community college employers.
(2)Consulting teachers employed by an employer to participate in the California Peer Assistance and Review Program for Teachers pursuant to Article 4.5 (commencing with Section 44500) of Chapter 3 of Part 25 of Division 3 of Title 2.
(3)Audiometrists who hold a certificate of registration issued by the State Department of Health Care Services.
(d)“Creditable service” also means the performance of California public school activities related to, and an outgrowth of, the instructional and guidance program of the California public school when performed for the same employer for which the member is performing any of the activities described in subdivision (b) or (c).
(e)“Creditable service” also means trustee service as defined in Section 26144.5, if
eligible pursuant to Section 26403.
(f)The board shall have final authority for determining creditable service to cover activities not already specified.
Amended by Stats. 1998, Ch. 1048, Sec. 18. Effective January 1, 1999.
“Death benefit” means the benefit payable under this part upon the death of the participant.
Amended by Stats. 1998, Ch. 1048, Sec. 19. Effective January 1, 1999.
“Defined Benefit Program” means the Defined Benefit Program of the State Teachers’ Retirement Plan as set forth in Part 13 (commencing with Section 22000).
Amended by Stats. 2006, Ch. 655, Sec. 65. Effective January 1, 2007.
“Disability benefit” means an amount payable under this part for permanent and total disability that is equal to the sum of the participant’s employee account and employer account as of the disability date and is payable pursuant to Section 26905, 26906, or 26906.5.
Amended by Stats. 1998, Ch. 965, Sec. 233. Effective January 1, 1999.
“Disability date” means the date the benefit becomes payable to a participant who has applied for a disability benefit from the plan under this part and has been determined to have a total and permanent disability.
Added by Stats. 1995, Ch. 592, Sec. 16. Effective January 1, 1996.
“Employee” means a person engaged to perform creditable service.
Amended by Stats. 1998, Ch. 965, Sec. 234. Effective January 1, 1999.
“Employee account” means the nominal account of the participant to which employee contributions and interest and any additional earnings credits in respect thereof are credited under the Cash Balance Benefit Program.
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