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HomeEducation CodeCh. 4§ 22251 Plan Asset Use Restrictions

§ 22251 Plan Asset Use Restrictions

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

§ 22251 Plan Asset Use Restrictions

Key Takeaways

  • •The money in the plan is only for the people who get benefits from it, not for the boss or company.
  • •The money can only be used to pay benefits to workers and their families, and to pay for running the plan.
  • •If the boss accidentally puts in too much money, they can get it back if they ask within a year of the mistake being found.

Example

A company accidentally puts extra money into the workers' retirement plan.

The company can get the extra money back if they ask within a year of finding out about the mistake. But the rest of the money in the plan must stay there to pay for workers' benefits and running the plan.

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

Official Source
View on CA.gov

§ 22251 Plan Asset Use Restrictions

(a) Except as provided in subdivision (b), the assets of the plan shall never inure to the benefit of an employer and shall be held for the exclusive purposes of providing benefits to members and beneficiaries of the Defined Benefit Program as well as the participants and beneficiaries of the Cash Balance Benefit Program and defraying reasonable expenses of administering the plan and the system. (b) In the case of a contribution that is made by an employer by a mistake of fact, subdivision (a) shall not prohibit the return of that contribution within one year after the system knows, or should know in the ordinary course of business, that the contribution was made by a mistake of fact. (Amended by Stats. 1998, Ch. 965, Sec. 28. Effective January 1, 1999.)

Last verified: January 23, 2026

Key Terms

assets of the planDefined Benefit ProgramCash Balance Benefit Programmistake of fact

Related Statutes

  • § 22253 Pension System Conflict Rules
  • § 22252 Prohibited System Member Transactions
  • § 26300 Employee Benefit Program Disclosure
  • § 25955 Overpayment Recovery Limits
  • § 26303 Cash Balance Contribution Deadlines

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Education Code. Section 22251.
View Official Source