Article 7 - Termination Benefits

California Education Code — §§ 25024-25025

Sections (3)

Amended by Stats. 2019, Ch. 96, Sec. 22. (AB 644) Effective January 1, 2020.

(a)Upon the termination of all employment to perform creditable service subject to coverage under the plan for a reason other than retirement, disability, or death, a member shall be eligible for a termination benefit under the Defined Benefit Supplement Program.

(b)A member shall submit an application for a termination benefit on a form prescribed by the system. If a member submits an application for a refund of contributions under the Defined Benefit Program, pursuant to Section 23103, that application shall also be deemed an application for a termination benefit. If a member cancels the application for a refund of contributions under the

Defined Benefit Program, the application for the termination benefit shall also be deemed to have been canceled.

(c)The member’s employer or employers shall certify in a format prescribed by the system that the member’s employment has been terminated, unless the member’s termination of employment occurred 12 consecutive months or more prior to the date the application for a termination benefit is received by the system’s headquarters office.

(d)The termination benefit shall be a lump-sum payment that is equal to the balance of credits in the member’s Defined Benefit Supplement account.

(e)Upon distribution of the termination benefit, no further benefit shall be payable to the member or the member’s beneficiary under

the Defined Benefit Supplement Program.

(f)A partial distribution of the balance of credits in a member’s Defined Benefit Supplement account shall not be made, except as provided in Section 25009, 25015, 25016, or 25022.

§ 25024.5

Added by Stats. 2005, Ch. 661, Sec. 2. Effective January 1, 2006.

A member who is reemployed and again performs creditable service subject to coverage under the plan may not receive a termination benefit under this part if less than five years have elapsed following the date the most recent termination benefit was distributed to the member. This section does not apply to a member who has reached the age at which the Internal Revenue Code of 1986 requires a distribution of benefits.

§ 25025

Amended by Stats. 2020, Ch. 275, Sec. 15. (AB 2101) Effective January 1, 2021.

(a)A termination benefit under the Defined Benefit Supplement Program shall be payable after 180 calendar days have elapsed following the date the member terminated employment as specified in Section 25024.

(b)Except as provided in subdivision (c), the application for the termination benefit shall be automatically canceled if the member performs creditable service within

180 calendar days following the date of termination of employment.

(c)Subdivision (b) does not apply if the member has reached that age at which the Internal Revenue Code of 1986 requires a distribution of benefits. A member who has reached this age shall receive a distribution commencing on the earlier of the date that the member has met the conditions of subdivision (a) or the conditions of subdivision (h) of Section 24600.