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District Policies

Viewing Policy: SP 4117.13 Early Retirement



EARLY RETIREMENT OPTION

 

 

When it is beneficial to the, the San Benito County Superintendent of Schools may offer certificated employees the option to retire early in accordance with law.

 

Two Years of Service Credit Retirement Incentive

 

As an incentive to early retirement for certificated employees participating in the State Teachers’ Retirement System (STRS), the County Superintendent may offer such employees an additional two years of service credit. (Education Code 22714, 44929)

 

Before taking formal action to approve this service incentive, the County Superintendent shall determine that encouraging early retirement would be in the best interest of the Department due to the curtailment of services or changes in the manner in which services are performed and that the retirement will result in a net savings to the Department. The County Superintendent shall demonstrate that the formal action taken would result in a net savings to the Department. (Education Code 22714, 44929)

 

The County Superintendent may also consider the impact of the early retirement option on the staffing needs of Department schools and the ability to satisfy federal requirements for highly qualified teachers pursuant to 20 USC 6319.

 

To be eligible for the two years of service credit option, the employee must have five or more years of service credit and must retire during a period of 60 to 120 days after the Department takes formal action to implement the option.  (Education Code 22714)

 

In providing the early retirement option, the Department shall meet all conditions as specified in Education Code 22714 and 44929.

 

Two + Two Retirement Incentive: 2 Years of Service Credit + 2 Years of Age Credit

 

As an incentive to early retirement for certificated employees participating in the State Teachers’ Retirement System, the Department may offer an additional two years of service credit and two years of age credit to employees who retire within the “window period” established by the Department in a Memorandum of Understanding or by Department action prior to January 1, 2005 pursuant to repealed Education Code 22714.5.

 

 

 

Legal Reference: (see next page)

 

 

 

 

 

EARLY RETIREMENT OPTION (continued)

 

 

 

Legal Reference:

EDUCATION CODE

22714 Service credit under STRS; additional two years 44929 Service credit under STRS; additional two years UNITED STATES CODE, TITLE 20

6319 Highly qualified teachers COURT DECISIONS

United Teacher of Los Angeles v. Los Angeles Unified School District (1994) 24 Cal.App. 4th 1510

 

Management Resources:

CALIFORNIA STATE TEACHERS’ RETIREMENT SYSTEM PUBLICATIONS

Retirement Incentive Program, Frequently Asked Questions WEB SITES

California State Teachers’ Retirement System: http://www.calstrs.com

 

 

 

Policy Approve: 4-11-19