Cal. Ed. Code § 24204

Current through the 2023 Legislative Session.
Section 24204 - [See Text for Inoperative Date] Effective date
(a) A service retirement allowance under this part shall become effective upon any date designated by the member, provided all of the following conditions are met:
(1) An application for service retirement allowance is filed on a form provided by the system, which is executed no earlier than six months before the effective date of retirement allowance.
(2) The effective date is later than the last day the member earned creditable compensation pursuant to Section 22119.2 or 22119.3.
(3) The effective date is no earlier than one day after the date on which the retirement allowance was terminated under Section 24208.
(4) The effective date is no earlier than one year following the date on which the retirement allowance was terminated under subdivision (a) of Section 24117.
(5) The effective date is no earlier than the date upon and continuously after which the member is determined to the satisfaction of the board to have been mentally incompetent.
(6) The effective date is no earlier than one day after the date upon which the member completes payment of a service credit purchase pursuant to Section 22801, 22820, or 22826, or payment of a redeposit of contributions pursuant to Section 23200, except as provided in Section 22801 or 22829.
(b) A member who files an application for service retirement may change or cancel their retirement application if all of the following are met:
(1) The form provided by the system is received by the system no later than 30 days from the date the member's initial benefit payment for the member's most recent retirement under the Defined Benefit Program is paid by the system.
(2) The member returns the total gross distribution amount of all payments for any canceled benefit, including a lump-sum payment being changed to an annuity, to the system no later than 45 days from the date of the member's initial benefit payment. The member shall be liable for any adverse tax consequences that may result from these actions.
(c) The retirement date of a member who files an application for retirement pursuant to Section 24201 on or after January 1, 2012, shall be no earlier than January 1, 2012.
(d) Nothing in this section shall be construed to allow a member to receive more than one type of retirement or disability allowance for the same period of time by virtue of the member's own membership.
(e)
(1) The board shall determine a date based on when the system has the capacity to implement the changes made by the act that added this subdivision. The date determined by the board shall be posted on the website of the system no later than January 1, 2026.
(2) This section shall become inoperative on the date determined by the board pursuant to paragraph (1), and this section shall be repealed on January 1, 2026.

Ca. Educ. Code § 24204

Amended by Stats 2023 ch 708 (SB 327),s 3, eff. 1/1/2024.
Amended by Stats 2021 ch 186 (SB 634),s 4, eff. 1/1/2022.
Amended by Stats 2020 ch 275 (AB 2101),s 14, eff. 1/1/2021.
Amended by Stats 2016 ch 218 (SB 1352),s 29, eff. 1/1/2017.
Amended by Stats 2014 ch 755 (SB 1220),s 33, eff. 1/1/2015.
Amended by Stats 2013 ch 558 (AB 1379),s 26, eff. 1/1/2014.
Amended by Stats 2012 ch 135 (AB 178),s 1, eff. 7/17/2012.
Amended by Stats 2011 ch 703 (SB 349),s 23, eff. 1/1/2012.
Amended by Stats 2007 ch 323 (AB 757),s 11, eff. 1/1/2008.
Amended by Stats 2005 ch 351 (AB 224),s 22, eff. 1/1/2006
Amended by Stats 2004 ch 912 (AB 2233),s 17, eff. 1/1/2005
This section is set out more than once due to postponed, multiple, or conflicting amendments.