22970.85. Notwithstanding any other provision of this part, a
participant or beneficiary shall not be permitted to elect a
distribution under this part that does not satisfy the requirements
of paragraph (9) of subsection (a) Section 401 of Title 26 of the
United States Code, including the incidental death benefit
requirements of subparagraph (G) of paragraph (9) of subsection (a)
of Section 401 and the regulations thereunder. The required beginning
date of distributions that reflect the entire interest of the
participant shall be as follows:
(a) In the case of a lump sum distribution to the participant, the
lump sum payment shall be made not later than April 1 of the
calendar year following the later of the calendar year in which the
participant attains the age of 70 1/2 years or the calendar year in
which the participant terminates employment.
(b) In the case of a distribution to the participant in the form
of periodic payments, payment shall begin not later than April 1 of
the calendar year following the later of the calendar year in which
the participant attains the age of 70 1/2 years or the calendar year
in which the participant terminates employment.
(c) In the case of a benefit payable on account of the participant'
s death after distributions to the participant have commenced in the
form of periodic payments, the remainder of the participant's account
shall be distributed at least as rapidly as if the participant had
not died.
(d) In the case of a benefit payable on account of the participant'
s death before distributions to the participant have commenced,
distributions shall be paid no later than December 31 of the calendar
year in which the fifth anniversary of the participant's date of
death occurs unless the benefit is paid over a period not extending
beyond the life expectancy of the beneficiary and distributions
commence not later than December 31 of the calendar year immediately
following the calendar year in which the participant died, or in the
event that the beneficiary is the participant's spouse, distributions
must commence on or before the later of either:
(1) December 31 of the calendar year immediately following the
calendar year in which the participant dies.
(2) December 31 of the calendar year in which the participant
would have attained the age of 70 1/2 years.
22970.855. The board may amend the plan to permit a participant to
withdraw some or all of his or her after-tax contributions without
requiring the participant to terminate from the plan to the extent
that this in-service distribution is allowed under applicable federal
and state laws, and pursuant to the terms and conditions established
by the board.
22970.86. (a) Distributions from the plan shall be made as soon as
practicable after the first valuation date immediately following the
date of the request for distribution calculated based upon the
valuation date immediately preceding the distribution.
(b) Notwithstanding Chapter 3 (commencing with Section 13100) of
Part 1 of Division 8 of the Probate Code or any other law to the
contrary, the death benefit payable under the plan may be requested
by the beneficiary and paid as soon as practicable following receipt
of proof of the participant's death.
22970.87. (a) If a person becomes entitled to a distribution from
the plan that constitutes an eligible rollover distribution within
the meaning of paragraph (31) of subsection (a) of Section 401 of
Title 26 of the United States Code, the person may elect under terms
and conditions established by the board to have the eligible rollover
distribution or a portion thereof paid directly to a plan that
constitutes an eligible retirement plan within the meaning of
paragraph (31) of subsection (a) of Section 401, as specified by that
person. Upon the exercise of the election by a person with respect
to a distribution or a portion thereof, the distribution by the plan
of the amount so designated, once distributable under the terms of
the plan, shall be made in the form of a direct rollover to the
eligible retirement plan so specified.
(b) Notwithstanding any other provision of this part or Part 3
(commencing with Section 20000), a participant may at any time, in
writing, authorize the board to apply any or all of the participant's
account to payment of any contributions required as a member of the
system or payable to the system at the option of the member pursuant
to any provision of Part 3 (commencing with Section 20000), except
the normal monthly contributions required in Article 1 (commencing
with Section 20671) of Chapter 8 of Part 3. Any distribution or
transfer made pursuant to this subdivision shall comply with
applicable provisions of Title 26 of the United States Code.
22970.88. Except as otherwise provided in this part, all
distributions shall be made directly from the fund to the participant
or beneficiary. To the extent required by federal and state law,
income and other taxes shall be withheld from each distribution, and
the payment shall be reported to the appropriate governmental agency
or agencies.
22970.89. (a) The plan's obligations to a participant, beneficiary,
or nonparticipant spouse who elected a lump-sum distribution cease
upon distribution of the lump-sum benefit.
(1) Deposit in the United States mail of a warrant drawn in favor
of the participant, beneficiary, or nonparticipant spouse and
addressed to the latest address on file for that person constitutes
distribution of the benefit.
(2) Deposit in the United States mail of a notice that the
requested electronic funds transfer has been made as directed by the
participant, beneficiary, or nonparticipant spouse constitutes
distribution of the benefit.
(3) If the participant, beneficiary, or nonparticipant spouse has
elected on a form prescribed by the board to transfer all or a
specific portion of the account that is eligible for a direct
trustee-to-trustee transfer under Section 401(a)(31) of Title 26 of
the United States Code to the trustee of an eligible retirement plan,
deposit in the United States mail of a notice that the requested
transfer has been made constitutes distribution of the benefit.
(b) The plan's obligations to a participant or beneficiary who
elected to receive a benefit in the form of partial distributions
cease upon distribution of the final payment.
(1) Deposit in the United States mail of a warrant drawn in favor
of the participant or beneficiary and addressed to the latest address
on file for that person constitutes distribution of the benefit.
(2) Deposit in the United States mail of a notice that the
requested electronic funds transfer has been made as directed by the
participant or beneficiary constitutes distribution of the benefit.
(c) Distribution under paragraph (1), (2), or (3) of subdivision
(a) or paragraph (1) or (2) of subdivision (b) pursuant to the board'
s determination in good faith of the existence, identity, or other
facts relating to entitlement of persons constitutes a complete
discharge and release of the board, system, and plan from liability
for payments.
(d) This section shall not apply to a permissible in-service
distribution pursuant to Section 22970.855.
22970.85. Notwithstanding any other provision of this part, a
participant or beneficiary shall not be permitted to elect a
distribution under this part that does not satisfy the requirements
of paragraph (9) of subsection (a) Section 401 of Title 26 of the
United States Code, including the incidental death benefit
requirements of subparagraph (G) of paragraph (9) of subsection (a)
of Section 401 and the regulations thereunder. The required beginning
date of distributions that reflect the entire interest of the
participant shall be as follows:
(a) In the case of a lump sum distribution to the participant, the
lump sum payment shall be made not later than April 1 of the
calendar year following the later of the calendar year in which the
participant attains the age of 70 1/2 years or the calendar year in
which the participant terminates employment.
(b) In the case of a distribution to the participant in the form
of periodic payments, payment shall begin not later than April 1 of
the calendar year following the later of the calendar year in which
the participant attains the age of 70 1/2 years or the calendar year
in which the participant terminates employment.
(c) In the case of a benefit payable on account of the participant'
s death after distributions to the participant have commenced in the
form of periodic payments, the remainder of the participant's account
shall be distributed at least as rapidly as if the participant had
not died.
(d) In the case of a benefit payable on account of the participant'
s death before distributions to the participant have commenced,
distributions shall be paid no later than December 31 of the calendar
year in which the fifth anniversary of the participant's date of
death occurs unless the benefit is paid over a period not extending
beyond the life expectancy of the beneficiary and distributions
commence not later than December 31 of the calendar year immediately
following the calendar year in which the participant died, or in the
event that the beneficiary is the participant's spouse, distributions
must commence on or before the later of either:
(1) December 31 of the calendar year immediately following the
calendar year in which the participant dies.
(2) December 31 of the calendar year in which the participant
would have attained the age of 70 1/2 years.
22970.855. The board may amend the plan to permit a participant to
withdraw some or all of his or her after-tax contributions without
requiring the participant to terminate from the plan to the extent
that this in-service distribution is allowed under applicable federal
and state laws, and pursuant to the terms and conditions established
by the board.
22970.86. (a) Distributions from the plan shall be made as soon as
practicable after the first valuation date immediately following the
date of the request for distribution calculated based upon the
valuation date immediately preceding the distribution.
(b) Notwithstanding Chapter 3 (commencing with Section 13100) of
Part 1 of Division 8 of the Probate Code or any other law to the
contrary, the death benefit payable under the plan may be requested
by the beneficiary and paid as soon as practicable following receipt
of proof of the participant's death.
22970.87. (a) If a person becomes entitled to a distribution from
the plan that constitutes an eligible rollover distribution within
the meaning of paragraph (31) of subsection (a) of Section 401 of
Title 26 of the United States Code, the person may elect under terms
and conditions established by the board to have the eligible rollover
distribution or a portion thereof paid directly to a plan that
constitutes an eligible retirement plan within the meaning of
paragraph (31) of subsection (a) of Section 401, as specified by that
person. Upon the exercise of the election by a person with respect
to a distribution or a portion thereof, the distribution by the plan
of the amount so designated, once distributable under the terms of
the plan, shall be made in the form of a direct rollover to the
eligible retirement plan so specified.
(b) Notwithstanding any other provision of this part or Part 3
(commencing with Section 20000), a participant may at any time, in
writing, authorize the board to apply any or all of the participant's
account to payment of any contributions required as a member of the
system or payable to the system at the option of the member pursuant
to any provision of Part 3 (commencing with Section 20000), except
the normal monthly contributions required in Article 1 (commencing
with Section 20671) of Chapter 8 of Part 3. Any distribution or
transfer made pursuant to this subdivision shall comply with
applicable provisions of Title 26 of the United States Code.
22970.88. Except as otherwise provided in this part, all
distributions shall be made directly from the fund to the participant
or beneficiary. To the extent required by federal and state law,
income and other taxes shall be withheld from each distribution, and
the payment shall be reported to the appropriate governmental agency
or agencies.
22970.89. (a) The plan's obligations to a participant, beneficiary,
or nonparticipant spouse who elected a lump-sum distribution cease
upon distribution of the lump-sum benefit.
(1) Deposit in the United States mail of a warrant drawn in favor
of the participant, beneficiary, or nonparticipant spouse and
addressed to the latest address on file for that person constitutes
distribution of the benefit.
(2) Deposit in the United States mail of a notice that the
requested electronic funds transfer has been made as directed by the
participant, beneficiary, or nonparticipant spouse constitutes
distribution of the benefit.
(3) If the participant, beneficiary, or nonparticipant spouse has
elected on a form prescribed by the board to transfer all or a
specific portion of the account that is eligible for a direct
trustee-to-trustee transfer under Section 401(a)(31) of Title 26 of
the United States Code to the trustee of an eligible retirement plan,
deposit in the United States mail of a notice that the requested
transfer has been made constitutes distribution of the benefit.
(b) The plan's obligations to a participant or beneficiary who
elected to receive a benefit in the form of partial distributions
cease upon distribution of the final payment.
(1) Deposit in the United States mail of a warrant drawn in favor
of the participant or beneficiary and addressed to the latest address
on file for that person constitutes distribution of the benefit.
(2) Deposit in the United States mail of a notice that the
requested electronic funds transfer has been made as directed by the
participant or beneficiary constitutes distribution of the benefit.
(c) Distribution under paragraph (1), (2), or (3) of subdivision
(a) or paragraph (1) or (2) of subdivision (b) pursuant to the board'
s determination in good faith of the existence, identity, or other
facts relating to entitlement of persons constitutes a complete
discharge and release of the board, system, and plan from liability
for payments.
(d) This section shall not apply to a permissible in-service
distribution pursuant to Section 22970.855.
22970.85. Notwithstanding any other provision of this part, a
participant or beneficiary shall not be permitted to elect a
distribution under this part that does not satisfy the requirements
of paragraph (9) of subsection (a) Section 401 of Title 26 of the
United States Code, including the incidental death benefit
requirements of subparagraph (G) of paragraph (9) of subsection (a)
of Section 401 and the regulations thereunder. The required beginning
date of distributions that reflect the entire interest of the
participant shall be as follows:
(a) In the case of a lump sum distribution to the participant, the
lump sum payment shall be made not later than April 1 of the
calendar year following the later of the calendar year in which the
participant attains the age of 70 1/2 years or the calendar year in
which the participant terminates employment.
(b) In the case of a distribution to the participant in the form
of periodic payments, payment shall begin not later than April 1 of
the calendar year following the later of the calendar year in which
the participant attains the age of 70 1/2 years or the calendar year
in which the participant terminates employment.
(c) In the case of a benefit payable on account of the participant'
s death after distributions to the participant have commenced in the
form of periodic payments, the remainder of the participant's account
shall be distributed at least as rapidly as if the participant had
not died.
(d) In the case of a benefit payable on account of the participant'
s death before distributions to the participant have commenced,
distributions shall be paid no later than December 31 of the calendar
year in which the fifth anniversary of the participant's date of
death occurs unless the benefit is paid over a period not extending
beyond the life expectancy of the beneficiary and distributions
commence not later than December 31 of the calendar year immediately
following the calendar year in which the participant died, or in the
event that the beneficiary is the participant's spouse, distributions
must commence on or before the later of either:
(1) December 31 of the calendar year immediately following the
calendar year in which the participant dies.
(2) December 31 of the calendar year in which the participant
would have attained the age of 70 1/2 years.
22970.855. The board may amend the plan to permit a participant to
withdraw some or all of his or her after-tax contributions without
requiring the participant to terminate from the plan to the extent
that this in-service distribution is allowed under applicable federal
and state laws, and pursuant to the terms and conditions established
by the board.
22970.86. (a) Distributions from the plan shall be made as soon as
practicable after the first valuation date immediately following the
date of the request for distribution calculated based upon the
valuation date immediately preceding the distribution.
(b) Notwithstanding Chapter 3 (commencing with Section 13100) of
Part 1 of Division 8 of the Probate Code or any other law to the
contrary, the death benefit payable under the plan may be requested
by the beneficiary and paid as soon as practicable following receipt
of proof of the participant's death.
22970.87. (a) If a person becomes entitled to a distribution from
the plan that constitutes an eligible rollover distribution within
the meaning of paragraph (31) of subsection (a) of Section 401 of
Title 26 of the United States Code, the person may elect under terms
and conditions established by the board to have the eligible rollover
distribution or a portion thereof paid directly to a plan that
constitutes an eligible retirement plan within the meaning of
paragraph (31) of subsection (a) of Section 401, as specified by that
person. Upon the exercise of the election by a person with respect
to a distribution or a portion thereof, the distribution by the plan
of the amount so designated, once distributable under the terms of
the plan, shall be made in the form of a direct rollover to the
eligible retirement plan so specified.
(b) Notwithstanding any other provision of this part or Part 3
(commencing with Section 20000), a participant may at any time, in
writing, authorize the board to apply any or all of the participant's
account to payment of any contributions required as a member of the
system or payable to the system at the option of the member pursuant
to any provision of Part 3 (commencing with Section 20000), except
the normal monthly contributions required in Article 1 (commencing
with Section 20671) of Chapter 8 of Part 3. Any distribution or
transfer made pursuant to this subdivision shall comply with
applicable provisions of Title 26 of the United States Code.
22970.88. Except as otherwise provided in this part, all
distributions shall be made directly from the fund to the participant
or beneficiary. To the extent required by federal and state law,
income and other taxes shall be withheld from each distribution, and
the payment shall be reported to the appropriate governmental agency
or agencies.
22970.89. (a) The plan's obligations to a participant, beneficiary,
or nonparticipant spouse who elected a lump-sum distribution cease
upon distribution of the lump-sum benefit.
(1) Deposit in the United States mail of a warrant drawn in favor
of the participant, beneficiary, or nonparticipant spouse and
addressed to the latest address on file for that person constitutes
distribution of the benefit.
(2) Deposit in the United States mail of a notice that the
requested electronic funds transfer has been made as directed by the
participant, beneficiary, or nonparticipant spouse constitutes
distribution of the benefit.
(3) If the participant, beneficiary, or nonparticipant spouse has
elected on a form prescribed by the board to transfer all or a
specific portion of the account that is eligible for a direct
trustee-to-trustee transfer under Section 401(a)(31) of Title 26 of
the United States Code to the trustee of an eligible retirement plan,
deposit in the United States mail of a notice that the requested
transfer has been made constitutes distribution of the benefit.
(b) The plan's obligations to a participant or beneficiary who
elected to receive a benefit in the form of partial distributions
cease upon distribution of the final payment.
(1) Deposit in the United States mail of a warrant drawn in favor
of the participant or beneficiary and addressed to the latest address
on file for that person constitutes distribution of the benefit.
(2) Deposit in the United States mail of a notice that the
requested electronic funds transfer has been made as directed by the
participant or beneficiary constitutes distribution of the benefit.
(c) Distribution under paragraph (1), (2), or (3) of subdivision
(a) or paragraph (1) or (2) of subdivision (b) pursuant to the board'
s determination in good faith of the existence, identity, or other
facts relating to entitlement of persons constitutes a complete
discharge and release of the board, system, and plan from liability
for payments.
(d) This section shall not apply to a permissible in-service
distribution pursuant to Section 22970.855.
