Education Code § 24214.5 - California Law

Current Version

Amended by Stats. 2023, Ch. 885, Sec. 4. (SB 765) Effective January 1, 2024. Inoperative on July 1, 2024, and will resume operation on July 1, 2026, by its own provisions. See later operative version added by Sec. 5 of Stats. 2023, Ch. 885.

(a)(1) Notwithstanding subdivision (f) of Section 24214, the postretirement compensation limitation that shall apply to the compensation paid in cash to the retired member for performance of retired member activities, excluding reimbursements paid by an employer for expenses incurred by the member in which payment of the expenses by the member is substantiated, shall be zero dollars ($0) during the first 180 calendar days after the most recent retirement of a member retired for service under this part.

(2)For written agreements pertaining to the performance of retired member activities entered into, extended, renewed, or amended on or after January 1, 2014, the limitation in paragraph (1) shall also apply to payments made for the

performance of retired member activities, including, but not limited to, those for participation in a deferred compensation plan; to purchase an annuity contract, tax-deferred retirement plan, or insurance program; and for contributions to a plan that meets the requirements of Section 125, 401(a), 401(k), 403(b), 457(b), or 457(f) of Title 26 of the United States Code when the cost is covered by an employer.

(b)If the retired member has attained normal retirement age at the time the compensation is earned, subdivision (a) shall not apply and Section 24214 shall apply if the appointment has been approved by the governing body of the employer in a public meeting, as reflected in a resolution adopted by the governing body of the employer prior to the performance of retired member activities, expressing its intent to seek an exemption from the limitation specified in subdivision (a). Approval of the appointment may not be placed on a consent

calendar. Notwithstanding any other provision of Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code or any state or federal law incorporated by Section 7927.705 of the Government Code, the resolution shall be subject to disclosure by the entity adopting the resolution and the system. The resolution shall include the following specific information and findings:

(1)The nature of the employment.

(2)A finding that the appointment is necessary to fill a critically needed position before 180 calendar days have passed.

(3)A finding that the member is not ineligible for application of this subdivision pursuant to subdivision (d).

(4)A finding that the termination of employment of the retired member with the employer is not the

basis for the need to acquire the services of the member.

(c)Subdivision (b) shall not apply to a retired member whose termination of employment with the employer is the basis for the need to acquire the services of the member.

(d)Subdivision (b) shall not apply if the retired member received additional service credit pursuant to Section 22714 or 22715 or received from any public employer any financial inducement to retire. For purposes of this section, “financial inducement to retire” includes, but is not limited to, any form of compensation or other payment that is paid directly or indirectly by a public employer to the member, even if not in cash, either before or after retirement, if the participant retires for service on or before a specific date or specific range of dates established by a public employer on or before the date the inducement is offered. The system shall

liberally interpret this subdivision to further the Legislature’s intent to make subdivision (b) inapplicable to members if the member received a financial incentive from any public employer to retire or otherwise terminate employment with a public employer.

(e)The Superintendent, the county superintendent of schools, or the chief executive officer of a community college shall submit all documentation required by the system to substantiate the eligibility of the retired member for application of subdivision (b), including, but not limited to, the resolution adopted pursuant to that subdivision.

(f)The documentation required by this section shall be received by the system prior to the retired member’s performance of retired member activities.

(g)Within 30 calendar days after the receipt of all documentation

required by the system pursuant to this section, the system shall inform the entity seeking application of the exemption specified in subdivision (b), and the retired member whether the compensation paid to the member will be subject to the limitation specified in subdivision (a).

(h)If a member retired for service under this part earns compensation for performing retired member activities in excess of the limitation specified in subdivision (a), the member’s retirement allowance shall be reduced by the amount of the excess compensation. The amount of the reduction in an individual month shall be no more than the monthly allowance payable in that month, and the total amount of the reduction shall not exceed the amount of the allowance payable during the first 180 calendar days, after a member retired for service under this part.

(i)The amendments to this section enacted during

the first year of the 2013–14 Regular Session shall apply to compensation paid on or after January 1, 2014.

(j)This section shall become inoperative on July 1, 2024, and shall become operative on July 1, 2026.

Future Version

Added by Stats. 2023, Ch. 885, Sec. 5. (SB 765) Effective January 1, 2024. Operative July 1, 2024, by its own provisions. Inoperative July 1, 2026, by its own provisions. Repealed as of January 1, 2027, by its own provisions.

made for the performance of retired member activities, including, but not limited to, those for participation in a deferred compensation plan; to purchase an annuity contract, tax-deferred retirement plan, or insurance program; and for contributions to a plan that meets the requirements of Section 125, 401(a), 401(k), 403(b), 457(b), or 457(f) of Title 26 of the United States Code when the cost is covered by an employer.

(b)Subdivision (a) shall not apply and Section 24214 shall apply if the Superintendent, the county superintendent of schools, or the chief executive officer of a community college submits a request for exemption to the system with certification, under penalty of perjury, of the following:

(1)The nature of the employment.

(2)That the appointment is necessary to fill a critically needed position

before 180 calendar days have passed.

(3)That the member is not ineligible for application of this subdivision pursuant to subdivision (d).

(4)That the termination of employment of the retired member with the employer is not the basis for the need to acquire the services of the member.

(5)That the employer did not have a reduction-in-force layoff pursuant to Section 45117, 44955, or 44955.5, or pursuant to any other similar state law authorizing the termination of its employees, within the prior 18 months.

(c)The Superintendent, a county superintendent of schools, or a chief executive officer of a community college district shall provide a written copy or written copies of the completed documentation required by this section submitted to the system

pursuant to subdivision (b) that substantiates the need for the exemption to the exclusive representative of employees prior to the retired member’s performance of retired member activities.

(d)Subdivision (b) shall not apply to a retired member if any of the following conditions exist:

(1)The member has not attained normal retirement age at the time the compensation is earned.

(2)The member’s termination of employment with the employer is the basis for the need to acquire the services of the member.

(3)The member received additional service credit pursuant to Section 22714 or 22715 or received from any public employer any financial inducement to retire. For purposes of this section, “financial inducement to retire” includes, but is not limited to,

any form of compensation or other payment that is paid directly or indirectly by a public employer to the member, even if not in cash, either before or after retirement, if the member retires for service on or before a specific date or specific range of dates established by a public employer on or before the date the inducement is offered. The system shall liberally interpret this paragraph to further the Legislature’s intent to make subdivision (b) inapplicable to members if the member received a financial incentive from any public employer to retire or otherwise terminate employment with a public employer.

(e)The completed documentation required by this section shall be received by the system prior to the retired member’s performance of retired member activities.

(f)Within 30 calendar days after the receipt of all documentation required by the system pursuant to this section,

the system shall inform the entity seeking application of the exemption specified in subdivision (b), and the retired member whether the compensation paid to the member will be subject to the limitation specified in subdivision (a).

(g)If a member retired for service under this part earns compensation for performing retired member activities in excess of the limitation specified in subdivision (a), the member’s retirement allowance shall be reduced by the amount of the excess compensation. The amount of the reduction in an individual month shall be no more than the monthly allowance payable in that month, and the total amount of the reduction shall not exceed the amount of the allowance payable during the first 180 calendar days, after a member retired for service under this part.

(h)On or before February 1, 2027, the board shall submit to the Assembly Committee on Public

Employment and Retirement and the Senate Committee on Labor, Public Employment and Retirement a report that includes, but is not limited to, the following information by school year:

(1)The total number of requests received by the system from the Superintendent, a county superintendent, or a chief executive officer of a community college for the exemption pursuant to subdivision (b) from July 1, 2024, to June 30, 2026, inclusive.

(2)The total number of retired members who performed retired member activities with an exemption pursuant to subdivision (b) from July 1, 2024, to June 30, 2026, inclusive.

(3)The total number of retired members who performed retired member activities from July 1, 2024, to June 30, 2026, inclusive.

(4)The total number of

retired members who exceeded the limitation in paragraph (1) of subdivision (f) of Section 24214 that is operative from July 1, 2024, to June 30, 2026, inclusive.

(5)The compensation or remuneration paid to each retired member who performed retired member activities from July 1, 2024, to June 30, 2026, inclusive.

(i)The amendments to this section enacted during the first year of the 2013–14 Regular Session shall apply to compensation paid on or after January 1, 2014.

(j)This section shall become operative on July 1, 2024. This section shall become inoperative as of July 1, 2026, and as of January 1, 2027, is repealed.