Sec. 11075 - Definitions

ยง 11075. Definitions

As used in this article the following definitions of terms apply, unless the context in which they are used indicates otherwise:

(a) "Age-based stereotype" refers to generalized opinions about matters including the qualifications, job performance, health, work habits, and productivity of individuals age 40 and older.

(b) "Basis of age" refers to age 40 and older.

(c) "Collective bargaining agreement" refers to any collective bargaining agreement between an employer and a labor organization that is in writing.

(d) "Employer" refers to all employers, public and private, as defined in Government Code Section 12926.

(e) "Employment benefit" refers to employment benefit as defined in section 11008(g). It also includes a workplace free of harassment as defined in section 11019(b) of Subchapter 2.

(f) "Normal retirement date or NRD" refers to one of the following dates:

(1) for employees participating in a private employee pension plan regulated under the federal Employee Retirement Income Security Act of 1974, the NRD refers to the time a plan participant reaches normal retirement age under the plan or refers to the later of either the time a plan participant reaches 65 or the 10th anniversary of the time a plan participant commenced participation in the plan;

(2) for employees not described under (1) whose employers have a written retirement policy or whose employers are parties to a collective bargaining agreement that specifies retirement practices, the NRD refers to the normal retirement time or age specified in such a policy or agreement; or

(3) for employees not described under either (1) or (2) the NRD refers to the last calendar day of the month in which an employee reaches his or her 70th birthday.

(g) "Private employer" refers to all employers not defined in subsection (i) below.

(h) "Public employer" refers to public agencies as defined in Government Code Section 31204.

(i) "Retirement Program" refers to any plan, program or policy of an employer that is in writing and has been communicated to eligible or affected employees, which is intended to provide an employee with income upon retirement (this may include pension plans, profit-sharing plans, money-purchase plans, tax-sheltered annuities, employer sponsored Individual Retirement Accounts, employee stock ownership plans, matching thrift plans, or stock bonus plans or other forms of defined benefit or defined contribution plans).

(1. Change without regulatory effect renumbering former section 7295.1 to new section 11075 and amending section filed 10-3-2013 pursuant to section 100, title 1, California Code of Regulations (Register 2013, No. 40). 2. Repealer of subsections (a)-(k) and new subsections (a)-(j) filed 12-9-2015; operative 4-1-2016 (Register 2015, No. 50). 3. Amendment of subsections (a)-(b), repealer of subsection (g), subsection renumbering and amendment of newly designated subsections (g) and (i) filed 4-14-2020; operative 7-1-2020 (Register 2020, No. 16).)

Note: Authority cited: Section 12935(a), Government Code. Reference: Sections 12926, 12940, 12941(a) and 12942, Government Code.

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