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HomeEducation CodeCh. 4§ 22252 Prohibited System Member Transactions

§ 22252 Prohibited System Member Transactions

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

§ 22252 Prohibited System Member Transactions

Key Takeaways

  • •The people in charge of the retirement system can't sell, lease, or buy stuff from members or their families at unfair prices.
  • •They can't lend money to members or their families without proper security or charge too much interest.
  • •They can't give or get goods, services, or facilities at unfair prices with members or their families.
  • •They can't transfer or use the system's assets to benefit members or their families at unfair prices.
  • •They can't buy certain things like employer stocks, real estate, or loans for the system.

Example

If a person in charge of the retirement system sells a building to their friend who is a member of the system for half its real value.

This is not allowed because the system must get a fair price for what it sells. Selling for less than the fair price is breaking the rules.

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

Official Source
View on CA.gov

§ 22252 Prohibited System Member Transactions

Except as otherwise provided by law, the board and its officers and employees of the system shall not cause the system to engage in a transaction if they know or should know that the transaction constitutes a direct or indirect: (a) Sale or exchange, or leasing, of any property from the system to a member or beneficiary of the Defined Benefit Program, as well as a participant or beneficiary of the Cash Balance Benefit Program, for less than adequate consideration, or from a member or beneficiary of the Defined Benefit Program, as well as a participant or beneficiary of the Cash Balance Benefit Program, to the system for more than adequate consideration. (b) Lending of money or other extension of credit from the system to a member or beneficiary of the Defined Benefit Program, as well as a participant or beneficiary of the Cash Balance Benefit Program, without the receipt of adequate security and a reasonable rate of interest, or from a member or beneficiary of the Defined Benefit Program, as well as a participant or beneficiary of the Cash Balance Benefit Program, with the provision of excessive security or an unreasonably high rate of interest. (c) Furnishing of goods, services, or facilities from the system to a member or beneficiary of the Defined Benefit Program, as well as a participant or beneficiary of the Cash Balance Benefit Program, for less than adequate consideration, or from a member, or beneficiary of the Defined Benefit Program, as well as a participant or beneficiary of the Cash Balance Benefit Program, to the system for more than adequate consideration. (d) Transfer to, or use by or for the benefit of, a member or beneficiary of the Defined Benefit Program, as well as a participant or beneficiary of the Cash Balance Benefit Program, of any assets of the plan for less than adequate consideration. (e) Acquisition, on behalf of the system, of any employer security, real property, or loan. (Amended by Stats. 1998, Ch. 965, Sec. 29. Effective January 1, 1999.)

Last verified: January 23, 2026

Key Terms

Defined Benefit ProgramCash Balance Benefit Programadequate considerationemployer securityreal propertyloan

Related Statutes

  • § 22251 Plan Asset Use Restrictions
  • § 22253 Pension System Conflict Rules
  • § 26300 Employee Benefit Program Disclosure
  • § 101055 Interim Financing For Bonds
  • § 17386 School District Quitclaim Deeds

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Education Code. Section 22252.
View Official Source