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Updates to penalties and interest regulations

The California State Teachers’ Retirement System and the Teachers’ Retirement Board adopted amended regulations in Sections 27003, 27004, 27007 and 27008 in Article 15.5, Chapter 1, Division 3, Title 5 of the California Code of Regulations and a new regulation in the form of Section 27010 in Article 15.5, Chapter 1, Division 3, Title 5 of the California Code of Regulations, after considering all comments, objections and recommendations regarding the proposed action.

The California Education Code requires the assessment of penalties and interest for late or inaccurate reporting of retirement data and payment of contributions from employers. Late and inaccurate data result in inaccurate benefit payments, and late contributions result in lost investment opportunities and state contributions. Existing regulations ensure consistent and transparent assessment of penalties and interest in accordance with current laws.

The amendments to the regulations address specific scenarios under which employers may avoid being subject to the assessment of penalties and interest and specify the criteria for determining the effective date of an employment agreement. They also provide clarification that interest will be charged on outstanding invoices for balances not paid in full within 30 days of the invoice date.

The board adopted the final regulations on September 26, 2024. The regulations were filed with the Secretary of State on December 18, 2024 and are effective April 1, 2025.

OAL File Number Z-2023-1107-07

Regulatory Action Number 2024-1114-01

Posted on January 8, 2025

Notice of Approval of Regulatory ActionFinal Regulatory TextFinal Statement of Reasons

Posted on May 15, 2024

Written comment period closed on May 31, 2024.

Notice of Modifications to Text of Proposed RegulationsModified Text of Proposed Regulations

Posted on November 17, 2023

Written comment period closed on January 10, 2024.

Notice of Proposed RulemakingText of Proposed RegulationsInitial Statement of ReasonsEconomic and Fiscal Impact Statement (Standard Form 399)