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HomeEducation CodeDiv. 1Pt. 14Ch. 9§ 26803 Employment Termination Before Retirement

§ 26803 Employment Termination Before Retirement

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

§ 26803 Employment Termination Before Retirement

Key Takeaways

  • •You can't work in a job that counts toward your retirement benefits after you retire.
  • •Your boss must confirm in writing that you’ve stopped working, unless you quit more than a year before retiring.
  • •This rule is for people in certain retirement plans, not all jobs.

Example

A teacher is part of a retirement plan and decides to retire. They want to keep working part-time at the same school after retiring.

The teacher can’t keep working in a job that adds to their retirement benefits after they retire. Their school must confirm in writing that they’ve stopped working, unless they quit more than a year before retiring.

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

Official Source
View on CA.gov

§ 26803 Employment Termination Before Retirement

(a) All creditable service subject to coverage by the Cash Balance Benefit Program and the Defined Benefit Program, which does not include retired member activities as defined in Section 22164.5 or retired participant activities as defined in Section 26135.7, shall be terminated prior to the retirement date. (b) All employers with which the participant is employed to perform creditable service subject to coverage by the plan shall certify in a format prescribed by the system that the participant’s employment has been terminated unless the employment was terminated 12 months or more prior to the participant’s retirement date. (Amended by Stats. 2022, Ch. 231, Sec. 3. (AB 1824) Effective January 1, 2023.)

Last verified: January 23, 2026

Key Terms

creditable serviceCash Balance Benefit ProgramDefined Benefit Programretired member activitiesretired participant activities

Related Statutes

  • § 27201 Termination Of Creditable Service
  • § 22450 Member Beneficiary Information Requirements
  • § 22457 Employment Status Notification
  • § 26810 Cash Balance Annuity Termination
  • § 26813 Retired Member Work Limits

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Education Code. Section 26803.
View Official Source