2023 Compensation Limits for Classic and PEPRA Members
January 3, 2023
Circular Letter: 200-001-23
Topic: Payroll
To: All CalPERS Employers
Purpose
The purpose of this Circular Letter is to inform you of the 2023 compensation limits for classic and Public Employees’ Pension Reform Act (PEPRA) members and provide guidelines for how to report payroll when Internal Revenue Code (IRC) or PEPRA limits have been reached in a calendar year. IRC section 401(a)(17) provides an annual compensation limit considered under a qualified retirement plan for some classic members. Government (Gov.) Code section 7522.10 of the PEPRA law provides the authority for the earnings limit for all PEPRA members.
You should notify all classic or PEPRA members who are subject to the compensation limit requirements.
Compensation Limits
Classic Members
The compensation limit for classic members for the 2023 calendar year is $330,000. Employees with membership dates prior to July 1, 1996, are not impacted by these limits.
The compensation limits for classic members during calendar years 2019 through 2022 are:
| 2022 | 2021 | 2020 | 2019 |
|---|---|---|---|
| $305,000 | $290,000 | $285,000 | $280,000 |
PEPRA Members
The compensation limit for PEPRA members for the 2023 calendar year is:
| Year | Social Security Participants | Non-Social Security Participants |
|---|---|---|
| 2023 | $146,042 | $175,250 |
The compensation limits for PEPRA members during calendar years 2019 through 2022 are:
| Year | Social Security Participants | Non-Social Security Participants |
|---|---|---|
| 2022 | $134,974 | $161,969 |
| 2021 | $128,059 | $153,671 |
| 2020 | $126,291 | $151,549 |
| 2019 | $124,180 | $149,016 |
Reporting Guidelines
Compensation limits for both classic and PEPRA members do not limit the salary an employer can pay; they limit the amount of compensation that can be considered under the defined benefit plan.
For classic members, report compensation earnable to the California Public Employees’ Retirement System (CalPERS); for PEPRA members, report pensionable compensation to CalPERS. For classic and PEPRA members, contributions should not be made on compensation that exceeds the limit for each calendar year. All contributions should be reported as earned and not when paid1. In addition, exclude items such as overtime, automobile allowances, and lump-sum payouts for all compensation reported.
You are responsible for monitoring when an employee meets or exceeds the limit. Once an employee reaches the compensation limit, you must continue reporting compensation as earned; however, employer and employee contributions should not be reported for the remaining calendar year. myCalPERS will track classic and PEPRA member earnings over multiple CalPERS contracting agencies. Therefore, if a member is hired in the middle of the year from another CalPERS agency, myCalPERS will notify the current employer when the member reaches or exceeds the compensation limit. Monitoring and contribution reporting begin on January 1 of the calendar year. The end date of the payroll earned period determines which calendar year the period falls.
Federal law does not permit CalPERS to refund over-reported contributions to an active CalPERS member. You must report these adjustments and refund the money to the employee once the adjustments have posted.
Impact on Final Compensation
For classic members, final compensation is the highest average annual compensation earnable for a 12- or 36-consecutive month employment period, depending on your contract.
Classic members’ retirement allowances are subject to final compensation limits under IRC section 401(a)(17). The calculation of each 12-month period will be subject to the annual compensation limit in effect for the calendar year in which the 12-month period begins. If final compensation exceeds 12 months, each 12-month period is calculated based on the applicable annual compensation limit for that 12-month period.
For PEPRA members, final compensation is the average annual pensionable compensation for a 36-consecutive month employment period.
PEPRA members’ retirement allowances are subject to pensionable compensation limits under Gov. Code section 7522.10. The pensionable compensation limit — used to calculate final compensation — is calculated based on the limit in effect for each calendar year and the number of days per year included in the final compensation period.
Online Training & Resources
The myCalPERS Payroll: Reporting Earnings Over the Compensation Limit online class is available for employers. This class provides instruction on how to report payroll information when the compensation limit has been reached. To enroll in the class, log in to your myCalPERS account and select the Education tab.
The Reported Compensation by Calendar Year Cognos reports can be used to identify and track employees nearing the compensation limits.
Questions
If you have any questions, call our CalPERS Customer Contact Center at 888 CalPERS (or 888-225-7377888-225-7377).
Renee Ostrander, Chief
Employer Account Management Division
1Pursuant to Gov. Code section 20630, when compensation is reported to the board, the employer shall identify the pay period in which the compensation was earned regardless of when reported or paid.