2007 California Education Code Chapter 9. Member And Employer Duties

CA Codes (edc:22450-22461)

22450.  (a) Each member and beneficiary shall furnish to the board
any information affecting his or her status as a member or
beneficiary of the Defined Benefit Program as the board requires,
which may include, but shall not be limited to, the following:
   (1) Financial statements, certified copies of state and federal
income tax records, or evidence of financial status.
   (2) Employment, legal, or medical documentation.
   (b) A member who has not had any creditable service reported
during the prior school year shall provide the system with his or her
current mailing address and beneficiary information.



22451.  (a) Each member shall file a statement with the board, at
the option of, and upon the form furnished by, the system, giving the
following information:
   (1) Date of birth.
   (2) All service previously performed subject to coverage by the
plan or its predecessors.
   (b) Each person becoming a member on or after January 1, 1983,
shall include in the health resume required by the teacher
preparation and licensing agency all information that shall verify
any and all handicaps and disabling conditions at the time of
application.  Upon request by the system this information shall be
made available when an application for disability benefits is
received.



22451.5.  (a) Upon request by the system, a member shall provide
proof of his or her date of birth to resolve any discrepancy between
the member's date of birth as originally documented on the records of
the system and the member's date of birth as subsequently submitted.

   (b) A member shall provide proof of the date of birth of a person
designated by the member as beneficiary under an option selected
pursuant to Chapter 28 (commencing with Section 24300) if the
beneficiary is not also a member of the  plan.
   (c) Documentation substantiating the date of birth of a member's
dependent child shall be provided  if an allowance payable under this
part will include an amount for that dependent child.
   (d) At the time application is made for payment of a family
allowance or survivor benefit allowance to a surviving spouse or
dependent parent, a member's surviving spouse or dependent parent
shall provide proof of his or her date of birth.
   (e) At the discretion of the board, an original document, a
certified copy of the original, or a photocopy shall be acceptable to
establish proof of the date of birth.



22451.7.  The system may withhold benefit payments until proof of
the date of birth of a member, beneficiary under an option selected
pursuant to Chapter 28 (commencing with Section 24300), surviving
spouse, dependent child or dependent parent has been received and
accepted by the system.



22453.  (a) Except as provided in Section 22454, the signature of
the spouse of a member shall be required under the Defined Benefit
Program on any application for, or cancellation of, an unmodified
allowance; the election, change, or cancellation of an option; or any
request for a refund of the member's accumulated retirement
contributions or accumulated annuity deposit contributions ; and
under the Defined Benefit Supplement Program on any application for,
or cancellation of, a retirement benefit, disability benefit, or
termination benefit; and under either the Defined Benefit Program or
the Defined Benefit Supplement Program on any other requests related
to the selection of benefits by a member in which a spousal interest
may be present, unless the member declares, in writing, under penalty
of perjury, that one of the following conditions exists:
   (1) The member is not married.
   (2) The current spouse has no identifiable community property
interest in the benefit.
   (3) The member and spouse have executed a marriage settlement
agreement pursuant to Part 5 (commencing with Section 1500) of
Division 4 of the Family Code that makes the community property law
inapplicable to the marriage.
   (4) The spouse is incapable of executing the acknowledgment
because of an incapacitating mental or physical condition.
   (5) The member does not know, and has taken all reasonable steps
to determine, the whereabouts of the spouse.
   (b) This section  shall not be applicable to an application for a
disability allowance under the Defined Benefit Program.
   (c) The sole purpose of this section is to provide for spousal
protection in the selection of specified benefits made by a member.



22454.  If a spouse refuses to sign an application, as set forth in
Section 22453, the member may bring an action in court to enforce the
spousal signature requirement or to waive the spousal signature
requirement.  Either party may bring an action pursuant to Section
1101 of the Family Code to determine the rights of the party.




22455.  The county superintendent and other employing agencies shall
furnish any further information concerning any member or beneficiary
the board may require.



22455.5.  (a) The Legislature finds and declares that the federal
Omnibus Budget Reconciliation Act of 1990 (P.L. 101-508) requires all
public employers to provide their employees with either social
security coverage or membership in a qualified retirement plan.
   (b) Employers shall make available criteria for membership,
including optional membership, in a timely manner to all persons
employed to perform creditable service subject to coverage by the
Defined Benefit Program, and shall inform part-time and substitute
employees, within 30 days of the date of hire, or by March 1, 1995,
whichever is later, that they may elect membership in the plan's
Defined Benefit Program at any time while employed.  Written
acknowledgment by the employee shall be maintained in employer files
on a form provided by this system.
   (c) Employers shall be liable to the plan for employee and
employer contributions and interest with respect to the Defined
Benefit Program from the date of hire, or March 1, 1995, whichever is
later, in addition to system administrative and audit costs, if an
audit or a member's complaint reveals noncompliance.  However, no
employer shall be liable for employee contributions for service
performed prior to January 1, 1995.



22456.  At any time upon the request of the system, the employer
shall furnish a statement of the amount of contributions deducted
from the compensation of any member, the service performed and the
compensation earned by the member since the end of the period covered
by the last report of the employer.  The system may use the
information shown in the statement in determining contributions to be
paid by or to the member or to a beneficiary, or use it in
determining the member's status upon retirement, even though the
member's and employer's contributions will not be received by the
board until after the payment or determination.



22457.  (a) Each county superintendent shall give immediate notice
in writing to the board of the employment, death, resignation, or
discharge of any person employed by the county or by a school
district or community college district in the county to perform
creditable service subject to coverage by the Defined Benefit
Program.
   (b) Every other employing agency shall give similar notice with
respect to each person it employs to perform creditable service
subject to coverage by the Defined Benefit Program.



22458.  Each employer shall provide the system with information
regarding the compensation to be paid to employees subject to the
Defined Benefit Program in that school year.  The information shall
be submitted annually as determined by the board and may include, but
shall not be limited to, employment contracts, salary schedules, and
local board minutes.



22459.  (a) The county superintendent or other employing agency
shall withhold the salary of any member who fails to file information
required by the board in the administration of the Defined Benefit
Program, or to pay amounts due from the members to the fund with
respect to the Defined Benefit Program.
   (b) The salary shall be withheld by the county superintendent or
employing agency upon his or her own knowledge, if any, of the
failure or upon notice from the board of the failure of the member to
file or pay.
   (c) The salary shall be withheld and not released until notice is
given by the board to the county superintendent or employing agency,
or until the county superintendent or agency knows otherwise, that
the information has been filed or the payment has been made.



22460.  (a) If a member terminates employment with less than five
years of credited service, the employer shall notify the member of
the following:
   (1) That unless the member is eligible, or becomes eligible in the
future, for concurrent retirement pursuant to paragraph (2) of
subdivision (a) of Section 24201, the member is eligible only for a
refund of accumulated retirement contributions under the Defined
Benefit Program and the return of the member's accumulated Defined
Benefit Supplement account balance.
   (2) The current rate of interest that shall be earned on
accumulated retirement contributions that are not refunded and the
current minimum interest rate that shall be applied to the member's
Defined Benefit Supplement account.
   (3) Actions that may be taken by the board if accumulated
retirement contributions are not refunded under the Defined Benefit
Program and the member's Defined Benefit Supplement account balance
is not returned.
   (b) Employers shall transmit to a member who terminates employment
with less than five years of credited service the information
specified in subdivision (a) as part of the usual separation
documents.


22461.  (a) Upon retaining the services of a retired member under
Section 24116, 24214, or 24215, the school district, community
college district, county superintendent of schools, California State
University, or other employing agency shall do both of the following
regardless of whether the retired member performs the services as an
employee of the employer, an employee of a third party, or an
independent contractor:
   (1) Advise the retired member of the earnings limitation set forth
in Sections 24116, 24214, and 24215.
   (2) Maintain accurate records of the retired member's earnings and
report those earnings monthly to the system and the retired member
regardless of the method of payment or the fund from which the
payments were made.
   (b) This section shall not be construed to make any school
district, community college district, county superintendent of
schools, the California State University, or other employing agency
liable for any amount paid to the retired member in excess of the
earnings limitation under any circumstance, including the failure to
inform the retired member that continuation of service would exceed
the limitations.