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Chapter 313, Statutes of 2003 (Assembly Bill 1207—Corbett) reopens and makes permanent an existing retirement incentive program (often referred to as the “Golden Handshake” program) that provides an additional two years of service credit to members of the Defined Benefit (DB) Program employed by participating school districts able to demonstrate cost savings. It also establishes a new retirement incentive program effective January 3, 2004 that allows school districts to add two years of service credit and two years of age to the age factor calculation in determining a member’s benefit. This has been referred to as the 2+2 retirement incentive.

MEMBER ELIGIBILITY

EMPLOYER ELIGIBILITY

POST-RETIREMENT EMPLOYMENT RESTRICTIONS

RETIREMENT AFTER REINSTATEMENT ENHANCEMENTS

Many CalSTRS retirees find that they wish or need to return to employment in the California public school system while continuing to receive their retirement benefits. Others make the decision to forgo their retirement allowance for the time being and return to active status. When they do so, they may not retire again for at least a year. If they wait at least two years to re-retire, they may be eligible for certain benefit enhancements, as described below.

MEMBER ELIGIBILITY

How soon can I retire to get the retirement incentive?

The two years service credit incentive program is reopened and becomes permanent effective January 1, 2004. The two year service credit and two years of age incentive program is available beginning January 3, 2004.

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Am I required to retire by a certain date?

To receive the two years additional service credit incentive, you must retire during the “window period” of 60 to 120 days as specified in the formal action taken by your employer’s governing board. The window period must begin some time after the Board adopts the resolution.

To receive the two years additional service credit and two years of age incentive, you must retire during the “window period” as specified in the memorandum of understanding (MOU) or formal action taken by your employer’s governing board. A window period may be open for any specified length of time, as long as it begins on or after the program’s January 3, 2004 effective date and the MOU or board action to establish the window occurs prior to the January 1, 2005 sunset date. An employer may establish multiple window periods to provide the 2+2 retirement incentive in future school years, as long as it meets these conditions.

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Who is eligible for the retirement incentive?

It is available to members of the CalSTRS Defined Benefit (DB) Program employed by a school district, community college district or county office of education, ONLY if the employer agrees to offer the benefit AND the member is already eligible to retire for service. To be eligible to retire, you must be:
  1. Age 55 with at least 5 years of service (excluding unused sick leave or service credit granted under either retirement incentive) or
  2. Age 50 with at least 30 years of service or (excluding unused sick leave or service credit granted under either retirement incentive) or
  3. Age 55 with fewer than five years of service credit but eligible for concurrent retirement with another California public retirement system such as the California Public Employees’ Retirement System (CalPERS).

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I am participating in the Cash Balance Benefit Program, can I take advantage of the retirement incentives?

No, the retirement incentive programs are only available to DB Program members.

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How can I receive the retirement incentive?

The two years service credit retirement incentive benefit is provided to eligible members of the DB Program by participating school districts, community college districts, and county offices of education when the employer’s governing board takes formal action to provide the benefit to ALL of its employees eligible as members of the DB Program, AND the employer pays the benefit’s costs and associated administrative fees to CalSTRS.

The two years service credit and two years of age retirement incentive may be provided to eligible members of the DB Program by participating school districts, community college districts and county offices of education pursuant to a MOU between the employer and the representative employee organization, AND the employer pays the benefit’s costs and associated administrative fees to CalSTRS. The terms of the MOU may place additional, more restrictive eligibility requirements on employees, or may specify groups of employees eligible to receive the 2+2 benefit.

DB Program members who are not represented by an employee organization may receive the two years service credit and two years of age retirement incentive benefit if the governing board of the school district, community college district, or county office of education takes formal action to provide the benefit to ALL of its employees eligible to retire as members of the DB Program, AND the employer pays the benefit’s costs and associated administrative fees to CalSTRS.

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I am age 52 and have 28 years of credited service – will the additional service credit I receive count towards my eligibility to retire for service?

No. A member must already be eligible to retire for service in order to receive the benefit.

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Does the additional service credit I receive count towards other CalSTRS benefit enhancements?

No. The additional service credit does not count towards the service credit necessary to qualify for other CalSTRS benefit enhancements such as one-year final compensation, the career factor bonus or longevity bonus.

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If I retire under the 2+2 Retirement Incentive, do I still get the two-year Age Factor Enhancement if I have already reached the maximum age factor?

No. For those members ages 63 and older, or ages 61.5 and older with 30 or more years of service, no additional years will be added to their age factor calculation, and will not be used to calculate employers’ costs for their benefit because those members already exceed the maximum age factor of 2.4 percent.

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What if I need fewer than two additional years of age to reach the maximum age factor?

The maximum age factor anyone can receive is 2.4 percent, including the career factor and/or retirement incentive. For members needing fewer than two additional years to reach the maximum, the amount of the age factor that is less than 2.4 percent will be added to their age factor until they reach the maximum. Employers are only required to pay for the actual increase in the benefit amount.

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How do I get an estimate of my retirement benefit including either retirement incentive program?

You may estimate your retirement benefit including either Retirement Incentive increase by utilizing the CalSTRS Retirement Benefits Calculator located on the CalSTRS Website. Upon accessing the calculator you may begin entering your data. As you scroll down you will see "Retirement Incentive" where you click on the appropriate button for either 2 Year Service Credit Incentive or the 2+2 Retirement Incentive. To access the Retirement Benefits Calculator, click here.

You may also schedule an appointment for a benefits counseling pre-retirement interview with one of CalSTRS trained benefits counselors. During your pre-retirement interview you will receive an estimate of your retirement benefit including either retirement incentive. Individual counseling interviews may be done in person or by telephone. For a Directory of Benefits Counseling Services, click here.

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EMPLOYER ELIGIBILITY

Which employers are eligible to offer the retirement incentive?

To be eligible, the school district, community college district or county office of education is required to certify that its participation in the CalSTRS retirement incentive program will result in cost savings AND the employer pays the benefit’s costs and associated administrative fees to CalSTRS.

(CalSTRS employers may no longer offer the existing retirement incentive program as a result of declining enrollment, or for the retention of credential employees or employees qualified to teach in teacher shortage disciplines, unless the employer adopted the resolution prior to January 1, 1999 pursuant to a contractual obligation.)

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How does a CalSTRS employer pay the benefit costs?

Either immediately or annually over an eight year period. An additional fee is associated with the payment plan, and regular interest (currently 6 percent annually) is charged on the balance.

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Can I pay the cost of the benefit if my employer doesn’t offer the retirement incentive?

No. Your employer must pay the cost of the benefit. However, members currently are able to purchase up to five years of CalSTRS credit not related to actual service, called nonqualified service.

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Can Charter Schools offer either retirement incentive program?

Yes.

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Can my employer purchase only the age component of the 2+2 retirement incentive?

No, employers may offer one or both of the retirement incentives, but may not combine or use a portion of either incentive.

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What if my employer adopted a resolution prior to January 1, 1999 to offer the old two year service credit retirement incentive after January 1, 2004?

Any DB Program member who retires on or after January 1, 2004 with a two year additional service credit retirement incentive is subject to the rules enacted in Chapter 313, even if the employer had previously adopted a resolution under the old program.

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POST-RETIREMENT EMPLOYMENT RESTRICTIONS

What are the post-retirement employment restrictions for a CalSTRS member who retires with either retirement incentive?

A CalSTRS member who retires from a K-12 school district, Community College or County Office of Education with either retirement incentive program may return to post-retirement employment in any CalSTRS-covered position immediately after retirement, subject to the post-retirement earnings limitations.

However, any CalSTRS member who receives either retirement incentive will forfeit the retirement incentive if the member returns to post-retirement employment within five years of the member's retirement date for the same employer (school district, community college district, or county office of education) that provided the incentive to that member.

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Are there other scenarios under which a CalSTRS member who retires with either retirement incentive program would forfeit the benefit by returning to work?

Yes, any member will forfeit the retirement incentive benefit if he or she:

  • Reinstates to active service, or
  • Receives unemployment compensation within one year of the retirement date.

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If I forfeit the benefit increase how will my retirement benefit be reduced?

Any member who forfeits the benefit increase would thereafter begin to receive a retirement benefit based on the age (if applicable) and the level of service credit he or she had earned prior to retirement and being granted the retirement incentive.

If your retirement allowance is overpaid as a result of losing the benefit increase, a receivable will be established and CalSTRS will collect the overpayment at a rate of five percent of your monthly benefit until the entire balance is paid.

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RETIREMENT AFTER REINSTATEMENT ENHANCEMENTS

How do I reinstate to active service?

Request termination of your retirement allowance using form SR 857 (Reinstatement After Retirement), which is available on our web site under Forms.

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What happens if I reinstate and re-retire?

A previously retired member who has reinstated, performed an additional two or more years of credited service* after the most recent reinstatement, and accumulated the total service credit shown below, may qualify for the following enhanced benefits when he or she again retires from service:

Service Credit Enhancements
25 or more years One-year final compensation
30 years One-year final compensation, career factor (additional 0.2 percent added to age factor), and $200 longevity bonus
31 years One-year final compensation, career factor, and $300 longevity bonus
32 years One-year final compensation, career factor, and $400 longevity bonus
*Important note: Credited service excludes unused sick leave service credit, Golden Handshake or nonqualified service credit. Members who do not reinstate for at least two years before retiring again and, therefore, do not qualify for the benefit enhancements may nevertheless be eligible for an increased age factor, career bonus and/or higher final compensation upon retirement.

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Under what circumstances can the one-year waiting period be waived?

The one-year waiting period may not be waived.

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I am retired and considering reinstating for at least two years before retiring again. If I currently have an option, will it apply to my subsequent retirement?

Yes. If you elected an option, upon your reinstatement your selection will become a pre-retirement election of an option. This means that if you die while an active member, your wishes for an ongoing allowance for your survivor will be carried out. Alternatively, you may choose to cancel the option following reinstatement or elect a different option after one calendar year has elapsed following your reinstatement and before your subsequent retirement. Remember, if you choose to change or cancel an option, normal assessment rules will apply. For more information on assessments, please refer to topic 371 under Quick Topics. Also, if you retired with an unmodified allowance, you may elect a pre-retirement election of an option after one calendar year has elapsed following reinstatement and before your subsequent date of retirement. You may also choose to wait and elect an option at retirement.

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How will reinstating affect my eligibility for CalSTRS to continue paying the Medicare Part A premium?

Once you reinstate to active status, CalSTRS will not continue to pay your Medicare Part A premium as this benefit is only available only for retired members. Once you re-retire, CalSTRS will resume payment of the Medicare Part A premium as long as you meet the eligibility criteria based on your prior retirement history.

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What if I reinstate and re-retire before I earn two years of credited service subsequent to my reinstatement?

The law requires that you wait at least one calendar year following reinstatement before you can start receiving a retirement benefit again. It is important to note that the benefit enhancements described above will not be included in your new retirement calculation if you did not earn the minimum two years of credited service required for these benefits.

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How will my service retirement be calculated if I reinstate and work at least two additional years?

The following illustrations will help you understand how your retirement allowance will be calculated if you reinstate and work at least two additional years as required to receive the benefit enhancements. This illustration shows what your retirement would be at the age of 63, with the 2.4 percent age factor, if you reinstate and earn an additional two years of credited service:

Prior service credit   29.000
Current age factor *   2.4%
Current final compensation   $5,000
Current service credit   2.000

Prior
Service
Credit
  Current
Age
Factor
  Current
Final
Compensation
  Prior
Unmodified
Benefit
29.000 x 0.0240 x $5,000 = $3,480
Current
Service
Credit
  Current
Age
Factor
  Current
Final
Compensation
  Current
Unmodified
Benefit
2.000 x 0.0240 x $5,000 = $240
  Subtotal Unmodified Allowance = $3,720
  Longevity Bonus for
31.000 years
+ $300
  Total
Benefit
= $4,020
* Please note that the age factor used in to calculate your prior retirement will be based on your current age minus the amount of time spent in retirement.
(For example, if your current age is 65, and you were retired for two years, the age factor will be based on age 63.)

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How do I get an estimate of the benefit I will receive if I re-retire at least two years after I reinstate to active service?

You may submit a request for an estimate either by writing to CalSTRS or by calling CalSTRS at 1-800-228-5453.

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How do I submit a reinstatement request?

In order to reinstate to active member status you must complete and submit form SR857 (Reinstatement After Retirement), which can be found on www.calstrs.com.

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