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HomeEducation CodeCh. 14.5§ 22852 Employer Military Service Contributions

§ 22852 Employer Military Service Contributions

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

§ 22852 Employer Military Service Contributions

Key Takeaways

  • •If an employee leaves for military service and comes back to the same job, the boss must pay into their retirement plan like they never left.
  • •The boss doesn’t have to pay extra money (interest) on what they owe for the retirement plan.
  • •If the employee doesn’t pay their part of the retirement money for the time they were in the military, the boss doesn’t have to pay theirs either.
  • •The boss has to tell the retirement plan within 30 days when the employee comes back from military service.

Example

A teacher leaves to serve in the Army for 2 years. When they return, the school must pay into their retirement plan as if they were teaching the whole time.

The school has to pay the retirement money they would have paid if the teacher never left, but they don’t have to pay extra fees. If the teacher doesn’t pay their part for those 2 years, the school doesn’t have to pay theirs either.

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

Official Source
View on CA.gov

§ 22852 Employer Military Service Contributions

(a) An employer reemploying a member of the Defined Benefit Program with service subject to the requirements of Chapter 43 (commencing with Section 4301) of Title 38 of the United States Code shall be liable to the plan for the employer contributions under this part, provided that employer was the last employer employing the member immediately prior to the period served by the member in the uniformed services. (b) For purposes of determining the amount of that liability under this part and any obligation to the plan with respect to the Defined Benefit Program, interest shall not be included in the liability to the plan. (c) Subject to subdivision (e), the employer shall pay the employer contributions for the eligible period of service in the uniformed services that would have been required under Sections 22950, 22950.5, and 22951 had the member remained continuously employed during that period of eligible service in the uniformed services. (d) In addition to any amount required pursuant to subdivision (c), the employer shall pay the full cost of any interest and additional earnings credits credited to the member’s Defined Benefit Supplement account pursuant to subdivision (b) of Section 22851. (e) The employer shall not be liable for employer contributions under this part for the eligible period of service in the uniformed services to the extent that the member fails to remit the member contributions for that period. (f) The employer shall provide information regarding the reemployment of a member who is subject to Chapter 43 (commencing with Section 4301) of Title 38 of the United States Code on a form prescribed by the system within 30 days of the date of reemployment. (g) Employers shall remit to the plan with respect to the Defined Benefit Program and the Defined Benefit Supplement Program, the employer contributions required under subdivisions (c) and (d) within 60 working days of the date the system notifies the employer of the amount of contributions due with respect to the member who elects to remit the member contributions for the eligible period of service in the uniformed services. (h) If the employee does not comply with subdivision (b) of Section 22851 within the time period specified, the employer contributions that were remitted for that period shall be adjusted pursuant to Section 23008. (Amended by Stats. 2016, Ch. 218, Sec. 20. (SB 1352) Effective January 1, 2017.)

Last verified: January 23, 2026

Key Terms

liabilityobligationdefined benefit programemployeremploymentunited states codedefined benefit supplementaddition

Related Statutes

  • § 22460 Employer Notification Requirements
  • § 67354 Higher Education Facility Funding
  • § 67355 State Bond Payment Obligations
  • § 22808 Service Credit Contribution Exemptions
  • § 25001 Gain And Loss Reserve

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Education Code. Section 22852.
View Official Source