LawWiki
HomeCodesSearchGlossaryAPIAbout
LawWiki

Plain English summaries of California law with zero-hallucination AI. Every summary is verified against official source text.

Product

  • Search
  • Codes
  • About

Legal

  • Privacy Policy
  • Terms of Service
  • Disclaimer

© 2026 LawWiki. All rights reserved.

HomeEducation CodeDiv. 1Pt. 13Ch. 11§ 22602 Substitute Teacher Retirement Exclusion

§ 22602 Substitute Teacher Retirement Exclusion

Education Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 22602 Substitute Teacher Retirement Exclusion

Key Takeaways

  • •If you work as a substitute teacher for less than 100 days in a school year, you don’t have to join the regular retirement plan.
  • •If your school offers a different retirement plan (Cash Balance), you’ll be part of that instead of the regular one.
  • •This rule only applies if you’re not already in the regular retirement plan.

Example

A substitute teacher works 80 days in a school year for a district that doesn’t offer the Cash Balance plan.

Since they worked less than 100 days and aren’t already in the regular retirement plan, they don’t have to join it.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 22602 Substitute Teacher Retirement Exclusion

(a) Any person who is not already a member of the Defined Benefit Program and who is employed by a school district or county office of education to perform creditable service on a substitute basis and performs less than 100 complete days of creditable service during a school year for one school district or county office of education is excluded from mandatory membership in the Defined Benefit Program. This subdivision shall only apply to persons who are employed to perform creditable service by an employer that does not provide the Cash Balance Benefit Program under Part 14 (commencing with Section 26000). (b) Any person who is not already a member of the Defined Benefit Program and who is employed by a school district or county office of education to perform creditable service on a substitute basis is excluded from mandatory membership in the Defined Benefit Program, and creditable service performed shall be subject to coverage by the Cash Balance Benefit Program pursuant to Section 26400 if employed by an employer that provides the Cash Balance Benefit Program under Part 14 (commencing with Section 26000). (c) The amendments to this section enacted during the 1995–96 Regular Session shall be deemed to have become operative on July 1, 1996. (Amended by Stats. 2019, Ch. 318, Sec. 6. (AB 1452) Effective January 1, 2020.)

Last verified: January 23, 2026

Key Terms

Defined Benefit ProgramCash Balance Benefit Programcreditable servicesubstitute basis

Related Statutes

  • § 22601.5 Part-Time Employee Pension Exclusion
  • § 22503 Substitute Teacher Program Membership
  • § 26803 Employment Termination Before Retirement
  • § 26903 Disability Service Termination Rule
  • § 27201 Termination Of Creditable Service

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Education Code. Section 22602.
View Official Source