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What effect does AB 2700 have on members of the CalSTRS Defined Benefit Program?

The provisions of AB 2700 became effective July 1, 2002, and enhances members' benefits by expanding the types of service and compensation that are creditable to CalSTRS for retirement purposes. Compensation for summer school and intercession along with stipends for extra duties performed are now creditable. 

In addition, contributions by the member and the employer on compensation earned for service in excess of one year will be credited to the member's Defined Benefit Supplement, or DBS, account at the end of the fiscal year. Certain other special compensation will also be credited to DBS. These additional contributions will increase the member's DBS account and provide a supplemental benefit without reducing the benefit payable under the DB Program.

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When did AB 2700 go into effect?

The legislation affecting creditable compensation became operational July 1, 2002. 

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What is meant by summer school being creditable to CalSTRS

Beginning with service performed July 1, 2002, and later, members will have 8 percent employee and 8.25 percent employer contributions reported by their employer to CalSTRS on summer school earnings. For example, if a member earns $2,500 for summer school in July 2003, the employer will deduct $200 (8 % x $2,500 = $200) in employee contributions from the July paycheck and contribute $206.25 (8.25 % x $2,500 = $206.25) in employer contributions. These contributions will be sent to CalSTRS. Whether these retirement contributions are credited to DB or DBS depends on what other service the member performs during that school year, and the rates of compensation.

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I would like to retire in June 2003, but I will have 29.900 years of service at that point. I need 30.000 years of service credit to receive the $200 longevity bonus. If I taught summer school in August 2002, can I use that service to earn more than one year of service credit in the 2002-03 school year?

No, the summer school will be creditable service, but you can still earn only one year of service credit during each July-June school year. For example, if you taught summer school in July and August 2002 and have a full-time assignment in 2002-03, your service credit will exceed one year. CalSTRS will adjust your service credit at the end of the July-June school year. Contributions on compensation in excess of one year will be credited to your DBS account at that time, and the DB account will be credited for one year of service.

However, in this situation, you could teach summer school after June 2003, which is in the next school year, accrue the .100 year of service credit to qualify for the longevity bonus and retire at the completion of the summer school.

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I am retiring in June and will be receiving a pay-out of my vacation balance. Will that pay increase my compensation earnable for the year?

No, compensation for unused vacation leave is specifically excluded from creditable compensation under provisions of the Teachers' Retirement Law.

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I am paid $1,000 in addition to my contract salary to serve as the yearbook advisor at the high school where I am employed. If I work full time and perform this additional assignment, will the $1,000 be added to my compensation earnable for the school year?

No, assuming that you work full time in your contract position. As you perform additional duties during the year, you will earn service credit for these duties in addition to service credit you earn for your full-time position. At the end of each school year (or at retirement if you retire during the school year) CalSTRS determines if you have service credit in excess of one year. If so, CalSTRS retains one year of service credit earned at the highest pay rates in your DB account and will credit the member and employer contributions on the service in excess of one year to your DBS account. In this case, contributions related to your $1,000 stipend will be credited to your DBS account.

In general, if you work full time and receive stipends for additional duties at the same or a lower pay rate than your full-time position, the stipends will not affect your final compensation but you will benefit by increasing your DBS account balance.

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If I teach summer school and then retire, can my earnings at the summer school pay rate affect my retirement benefit if that compensation is a lower pay rate than my other compensation?

Yes. CalSTRS automatically uses the most recent compensation in calculating a service retirement allowance unless the member designates another period on the Service Retirement Application. Therefore, your lower pay rate just before retirement can lower your retirement benefit if you do not designate a period when your pay rate was higher.

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I am a full-time middle school teacher during the year but in the summer serve as a middle school summer school principal. Since summer school is now creditable, will my principal's salary be used in determining my final compensation if I retire during or at the end of the same school year?

Yes, if the pay rate for the summer school service is higher than your contract salary it will used in the calculation of your compensation earnable for the school year. You will receive service credit for the summer school service in addition to the service credit earned for your full-time position. At the end of the school year, CalSTRS determines if you have service credit in excess of one year. If you do, CalSTRS will retain one year of service credit in your DB account earned at the highest pay rates, and will credit the member and employer contributions on the service in excess of one year to your DBS account. If the summer school service was earned at a higher pay rate, this compensation will be retained in your DB account. In addition, the service credit from that service will go toward the maximum one year of service credit you can earn in a school year. In this case, calculation of your compensation earnable for the year will be a weighted average of your contract pay rate and your summer school pay rate.

In general, if you work full time in one position and have another position at a higher pay rate than your full-time position, the second position will raise your compensation earnable for the school year.

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I work for multiple employers. In the past some of my contributions were returned because my service exceeded one year. Will I still have contributions returned?

No, in accordance with AB 2700, contributions from you and your employer for service in excess of one year will be credited to your DBS account. Specifically, your 8 percent contributions and 8 percent from your employer's percent contributions for service in excess of one year will be credited to your DBS account. Your employer also contributes another 0.25 percent, which remains in the DB Program.

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What is the ".900 rule?"

Members who retire on or after July 1, 2002, and have earned creditable compensation at multiple pay rates during a school year may benefit from the ".900 rule." With the ".900 rule," if service credit at the highest pay rate is at least .900 in a school year, then final compensation will be determined as if all service credit for that school year had been earned at the highest pay rate.

Here is an example:

Jessica teaches summer school and earns .095 service credit during the summer at an annualized pay rate of $54,500 per year. Additionally, she teaches full-time at the high school except for a two week period when she takes an unpaid leave to care for an elderly parent. She is paid for 170 days of her 180 day high school full-time contract and earns .944 service credit for her contract position at a pay rate of $57,800 per year. At the end of the school year, her service credit is reviewed by CalSTRS and it is determined that she has service in excess of one year even with her unpaid leave. Part of her summer school service is retained in DB (.056 of the .095) to yield 1.000 (.944 + .056) year in her DB account, and the contributions on her remaining summer school service (.039 of the .095) are credited to her DBS account. However, if Jessica retires at the end of the year, her compensation earnable is calculated as if all of her service for the school year was earned at the highest pay rate of $57,800.

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Will bonuses paid by my employer be creditable? If so, how will these affect my final compensation or service credit?

Yes. In most cases, these types of payments will be creditable to CalSTRS if earned on or after July 1, 2002. Retirement contributions for bonuses that are potentially recurring in nature are generally credited to DB; retirement contributions for bonuses of limited duration (e.g., one-time only) are generally credited to DBS. Your employer has been provided with reporting guidelines to determine whether to credit retirement contributions for bonuses to DB or DBS.

Examples of bonuses are lottery, pay for performance, recruitment, hazard pay, or perfect attendance. Beginning with the 2002-03 school year, if a bonus is reported as creditable compensation to your DB account, it will be included in your compensation earnable for the year. If the bonus is earned for a year that is included in the determination of your final compensation, your benefit will increase as a result of having received a bonus. A member who receives 1.000 service credit for the school year will not receive any more service credit as a result of receiving the bonus. In the situation where the member earns less than 1.000 service credit for the year, the member will receive slightly more service credit due to the inclusion of the bonus in the compensation earnable for the year.

Retirement contributions for bonuses that are credited to your DBS account will result in additional member and employer contributions in your DBS account. Retirement contributions for bonuses credited to DBS will not affect your final compensation or service credit.

Here's an example using retirement contributions for a bonus that is creditable to DB:

Mary works full-time as a middle school teacher, earns $55,000 during the school year and earns 1.000 year of service credit. She also receives a bonus in June for $500 for having perfect attendance during the school year. Her service credit remains 1.000. Her compensation earnable for the period is $55,500 instead of $55,000 and her final compensation would be $4,625. If Mary is 60 and retires with 27 years of service her monthly unmodified allowance would be:

Service Credit (27.000 years) X Age Factor (.02) X Final Compensation ($4,625.00) = Unmodified Allowance ($2,497.50)

That is an increase of $23 per month over the unmodified allowance she would have received if the additional $500 were not included in her compensation earnable for the school year.

Here is an example using retirement contributions for a bonus that is creditable to DBS:

Mary works full-time as a middle school teacher, earns $55,000 in salary during the school year and 1.000 year of service credit. She also receives a one-time $500 signing bonus in September for accepting a position at a different school. The signing bonus is creditable to DBS. Mary's contributions of $40 based on the $500 bonus and her employer's contributions of $40 would be credited to Mary's DBS account. Her DB retirement allowance does not change in this example. Her DBS account, however, would grow throughout the years, earning interest and supplementing her retirement benefit or providing funds if she leaves CalSTRS-covered employment.

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Will allowances paid by my employer be creditable? If so, how will these affect my final compensation or service credit?

Allowances are recurring payments to members paid in addition to their salary. Examples of allowances are monthly payments to members for using a personal car for district business purposes, monthly payments for the purchase of health benefits and monthly cash paid in lieu of receiving health benefits.

Beginning with the 2002-03 school year, allowances that are credited to your DB account will be included in your compensation earnable for the year. If the allowance is credited for a year that is included in the determination of your final compensation, your benefit will increase as a result of having received the allowance. A member who receives 1.000 service credit for the school year will not receive any more service credit as a result of receiving the allowance. In the situation that they earn less than 1.000 service credit for the year, the member will receive slightly more service credit due to the inclusion of the allowance in the compensation earnable for the year.

Here is an example using an allowance that is creditable to DB:

Jean works full-time as a community college administrator, earns $82,000 in salary during the school year and 1.000 year of service credit. She also receives a car allowance of $50 per month for 12 months of the year to travel to off-campus teaching sites. Her service credit remains 1.000. Her compensation earnable for the period is $82,600, instead of $82,000, and her final compensation would be $6,883.33. If Jean is 60 and retires with 27 years of service her unmodified allowance is:

Service Credit (27.000 years) X Age Factor (.02) X Final Compensation ($6,883.33) = Unmodified Allowance ($3,717.00)

That is an increase of $27 per month over the unmodified allowance she would have received if the additional $600 were not included in her compensation earnable for the year.

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I am retired. How will AB 2700 affect my post-retirement earnings limitation? Will summer school earnings or cash in lieu of payments that I receive count towards the limit?

All creditable earnings will be counted towards the post-retirement earnings limitation. Therefore, any summer school earnings and any cash payments you receive from your district in lieu of health benefits will be considered as post-retirement earnings and monitored against the limitation for the school year in which they are earned.

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I am a 10 month full-time teacher. I worked two months of summer school at the beginning of the 2002-03 school year and earned .200 service credit. I then worked five months during the regular school year and earned .500 service credit before taking a sabbatical leave for the rest of the school year. How much service credit can I purchase for the 2002-03 school year?

Since a member can only accrue one year of service credit per school year, you would be eligible to purchase .300 of a year of service credit or the difference between 1.000 and .700, your earned service credit for the year.

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Can I purchase summer school service that I performed prior to July 2002?

No. Prior to July 2002, statutory provisions excluded summer school and intercession compensation from being creditable, even for part-time employees who accrued less than one year of service in the school year. Effective July 1, 2002, compensation for summer school and intercession service are creditable. However, this change is not retroactive.

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My employer is paying a one time bonus of $10,000 if I retire this school year. Is this compensation creditable, and how will it affect my final compensation or service credit?

Most retirement incentives are only creditable to the member’s Defined Benefit Supplement (DBS) account and have no effect on the member’s service credit or final compensation within the Defined Benefit Program. Member contributions and employer contributions on a retirement incentive increase the balance in a DBS account and therefore the benefit ultimately paid from that account.

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How do I calculate the number of days I need to teach summer school in order to receive .100 service credit?

In order to determine service credit for hourly or daily service, you will need to know the full-time base day/hour requirement for the position in the district in which you are employed. This information normally appears in your employment contract or collective bargaining agreement. You should contact your employer if you do not have this information.

For teachers in K-12, full time is normally between 180 and 185 days at six hours per day. For example, assume your district has base days or hours of 183 days or 1,098 hours based on a six hour day:

Service Credit for 1 Day: 1/183 days = .0054 service credit
Service Credit for 1 hour: 1/1098 hours = .0009 service credit
In this situation, in order to earn .100 service credit, you would need to work:
.100 service credit/.0009 service credit/hour = 111.1 hours
111.1 hours/6 hours/day = 18.5 or 19 days (rounded up)

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What if I'm on unpaid leave during the year? Can I make up the service credit by teaching summer school the following year?

It depends on the timing of the additional service relative to your unpaid leave. CalSTRS looks at service credit over the July - June school year. If you were on unpaid leave in April 2003, any additional service to replace lost April service credit would need to be performed in the May-June 2003 service period in order to count towards your 2002-2003 service credit. So teaching summer school in July 2003 would not make up your loss in service credit in the 2002-2003 school year. If you had taught summer school in July 2002, however, you could have made up your loss in service credit, because it is in a school year in which you otherwise accrue less than 1.000 year of service credit.

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