Government Code — Part 105 | GOV — United States — California law | Esheria

Government Code

Part 105 of 107 · provisions 20,801–21,000

This act is named the Government Code.

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About this statute

This section defines key terms used in the CalSavers retirement savings title. This section creates the CalSavers Retirement Savings Board and sets rules for how the board, program administrator, and staff must operate. This section creates the CalSavers Retirement Savings Trust, assigns the board to administer it, requires the board to split trust money into a program fund and an administrative fund, and gives the Treasurer and the board investment-related powers. It also caps administrative fund spending at 1% of the total program fund after six years from implementation and exempts certain securities from specified Corporations Code sections. The CalSavers Retirement Savings Program must include one or more payroll deduction IRA arrangements, as determined by the board. The board has broad authority over the trust, including contracts, investments, staff, insurance, cooperation, and rulemaking.

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Provisions of Government Code

Showing 200 of 21,333

  1. 92264.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 5. Bonds and Notes [92250 - 92270] ( Chapter 5 added by Stats. 1982, Ch. 1553, Sec. 2. )

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    Bonds issued under this title are not state or local debt, and they must be paid only from the funds provided for them.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 5. Bonds and Notes [92250 - 92270] ( Chapter 5 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## 92264. Bonds issued under this title shall not be deemed to constitute a debt or liability of the state or of any political subdivision thereof, other than the commission, or a pledge of the faith and credit of the state or of any such political subdivision, other than the commission, but shall be payable solely from the funds herein provided therefor. All the bonds shall contain on the face thereof a statement to the following effect: “Neither the faith and credit nor the taxing power of the State of California or any local agency is pledged to the payment of the principal of or interest on this bond.” The issuance of bonds under this title shall not directly or indirectly or contingently obligate the state or any political subdivision thereof to levy, or to pledge any form of, taxation therefor or to make any appropriation for their payment. Nothing in this section shall prevent, or be construed to prevent, the commission from pledging its full faith and credit to the payment of bonds or issue of bonds authorized pursuant to this title. (Added by Stats. 1982, Ch. 1553, Sec. 2.)
  2. 92265.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 5. Bonds and Notes [92250 - 92270] ( Chapter 5 added by Stats. 1982, Ch. 1553, Sec. 2. )

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    The commission may issue bonds to refund its outstanding bonds, notes, or other securities, and may also use them to pay related redemption premium and interest or, if it thinks advisable, certain project construction and acquisition costs.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 5. Bonds and Notes [92250 - 92270] ( Chapter 5 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## 92265. (a) The commission may provide for the issuance of bonds of the commission for the purpose of refunding any bond, notes, or other securities of the commission then outstanding, including the payment of any redemption premium thereon and any interest accrued or to accrue to the earliest or subsequent date of redemption, purchase, or maturity of the bonds and, if deemed advisable by the commission, for the additional purpose of paying all or any part of the cost of constructing and acquiring additions, improvements, extensions, or enlargements of a project or any portion thereof. (Added by Stats. 1982, Ch. 1553, Sec. 2.)
  3. 92266.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 5. Bonds and Notes [92250 - 92270] ( Chapter 5 added by Stats. 1982, Ch. 1553, Sec. 2. )

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    The commission may use refunding bond proceeds to buy or retire outstanding bonds, hold the proceeds in escrow, and later receive any remaining balance. The Treasurer may invest escrowed proceeds in specified U.S.-backed instruments.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 5. Bonds and Notes [92250 - 92270] ( Chapter 5 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## 92266. (a) The proceeds of any bonds issued for the purpose of refunding outstanding bonds, notes, or other securities may, in the discretion of the commission, be applied to the purchase or retirement at maturity or redemption of outstanding bonds either on their earliest or any subsequent redemption date or upon the purchase or retirement at the maturity thereof and may, pending such application, be placed in escrow to be applied to the purchase or retirement at maturity or redemption on the date as may be determined by the commission. (b) Pending that use, the escrowed proceeds may be invested and reinvested by the Treasurer in obligations of, or guaranteed by, the United States of America, or in certificates of deposit or time deposits secured by obligations of, or guaranteed by, the United States of America, maturing at time or times appropriate to assure the prompt payment, as to principal, interest, and redemption premium, if any, of the outstanding bonds to be so refunded. The interest, income, and profits, if any, earned or realized on the investment may also be applied to the payment of the outstanding bonds to be so refunded. After the terms of the escrow have been fully satisfied and carried out, any balance of the proceeds and interest, income, and profits, if any, earned or realized on the investments thereof may be returned to the commission for use by it in any lawful manner. (Added by Stats. 1982, Ch. 1553, Sec. 2.)
  4. 92267.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 5. Bonds and Notes [92250 - 92270] ( Chapter 5 added by Stats. 1982, Ch. 1553, Sec. 2. )

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    Bond proceeds for certain project costs may be invested or reinvested by the Treasurer, and the resulting earnings may be used for the project cost or by the commission for any lawful purpose.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 5. Bonds and Notes [92250 - 92270] ( Chapter 5 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## 92267. The proceeds of any bonds issued for the additional purpose of paying all or any part of the cost of constructing and acquiring additions, improvements, extensions, or enlargements of a project may be invested and reinvested by the Treasurer in obligations of, or guaranteed by, the United States of America, or in certificates of deposit or time deposits secured by obligations of, or guaranteed by, the United States of America, maturing not later than the time or times when the proceeds will be needed for the purpose of paying all or any part of the cost. The interest, income, and profits, if any, earned or realized on the investment may be applied to the payment of all or any part of the cost or may be used by the commission in any lawful manner. (Added by Stats. 1982, Ch. 1553, Sec. 2.)
  5. 92268.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 5. Bonds and Notes [92250 - 92270] ( Chapter 5 added by Stats. 1982, Ch. 1553, Sec. 2. )

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    Bonds issued under Section 92265 are governed by this title in the same way as other bonds under this title.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 5. Bonds and Notes [92250 - 92270] ( Chapter 5 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## 92268. Bonds issued pursuant to Section 92265 are subject to this title in the same manner and to the same extent as other bonds issued pursuant to this title. (Amended by Stats. 2006, Ch. 538, Sec. 339. Effective January 1, 2007.)
  6. 92269.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 5. Bonds and Notes [92250 - 92270] ( Chapter 5 added by Stats. 1982, Ch. 1553, Sec. 2. )

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    If the Treasurer believes the bonds are adequately secured and backed by enough revenues or funds, the Treasurer must certify them as legal investments and as permissible deposits for certain funds and public officers.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 5. Bonds and Notes [92250 - 92270] ( Chapter 5 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## 92269. If, in the opinion of the Treasurer, any bonds issued by the commission under this title are adequately secured and the revenues and other funds applicable to the payments of the bonds are, or upon the acquisition, construction, or improvement of the project or projects which the bonds finance, will be sufficient to pay the principal of and interest on the bonds, the Treasurer shall certify that the bonds are legal investments for all trust funds, the funds of all insurance companies, banks (both commercial and savings), trust companies, savings and loan associations, and investment companies, for executors, administrators, guardians, conservators, trustees, and other fiduciaries, for state school funds, and for any funds which may be invested in county, municipal, or school district bonds, and that the bonds are securities which may properly and legally be deposited with, and received by, any state or municipal officer or any agency or political subdivision of the state for any purpose for which the deposit of bonds or obligations of the state is now, or may hereafter be, authorized by law, including deposits to secure public funds. (Added by Stats. 1982, Ch. 1553, Sec. 2.)
  7. 92270.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 5. Bonds and Notes [92250 - 92270] ( Chapter 5 added by Stats. 1982, Ch. 1553, Sec. 2. )

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    The commission generally may not incur liabilities beyond the money provided under this title, but it may borrow money from private sources for initial organization and operation expenses, and must repay that borrowing with interest within a reasonable time after it receives revenues or bond or note proceeds.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 5. Bonds and Notes [92250 - 92270] ( Chapter 5 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## 92270. No liability shall be incurred by the commission in excess of the amount of money which has been provided under this title, except that, for the purposes of meeting the necessary expenses of initial organization and operation until such date that the commission derives revenues or proceeds from bonds or notes as provided under this title, the commission may borrow money as needed for those expenses from private sources. The borrowed money shall be repaid with interest within a reasonable time after the commission receives revenues or proceeds from bonds or notes as provided under this title. (Added by Stats. 1982, Ch. 1553, Sec. 2.)
  8. 92300.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 6. Construction and Lease of Facilities [92300 - 92310] ( Chapter 6 added by Stats. 1982, Ch. 1553, Sec. 2. )

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    The commission may contract with a participating party to build a project, and the contract must make the participating party responsible for design, construction, and completion, subject to any design standards and supervision the commission requires.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 6. Construction and Lease of Facilities [92300 - 92310] ( Chapter 6 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## 92300. The commission may contract with any participating party for the construction of a project by the participating party. All contracts for the construction of a project by a participating party shall provide that the participating party shall be responsible for the architectural and engineering design and for the construction and completion thereof, subject to those standards for architectural and engineering design that may be established, and subject to any supervision that the commission deems necessary. (Added by Stats. 1982, Ch. 1553, Sec. 2.)
  9. 92301.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 6. Construction and Lease of Facilities [92300 - 92310] ( Chapter 6 added by Stats. 1982, Ch. 1553, Sec. 2. )

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    The commission may agree to pay and advance the cost of a project built by a participating party, and title to all projects is vested in the commission, subject to lease and purchase-contract rights.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 6. Construction and Lease of Facilities [92300 - 92310] ( Chapter 6 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## 92301. The commission may agree to pay the cost of a project constructed by any participating party and to advance the costs from time to time in installments or otherwise as required by the contract for the construction thereof. Title to all projects shall be vested in the commission, subject to the terms of any lease thereof to the participating party or the rights of a participating party under any contract for the purchase of the project, including the payment of the purchase price under installment sales contracts. (Added by Stats. 1982, Ch. 1553, Sec. 2.)
  10. 92302.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 6. Construction and Lease of Facilities [92300 - 92310] ( Chapter 6 added by Stats. 1982, Ch. 1553, Sec. 2. )

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    The commission may enter into leases and agreements with participating parties for a project, and the lease terms may be mutually agreed.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 6. Construction and Lease of Facilities [92300 - 92310] ( Chapter 6 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## 92302. The commission may, as lessor or lessee, enter into leases and agreements with any participating party relating to the acquisition, construction, and installation of any project or part thereof. The terms and conditions of the leases may be as mutually agreed upon. (Added by Stats. 1982, Ch. 1553, Sec. 2.)
  11. 92303.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 6. Construction and Lease of Facilities [92300 - 92310] ( Chapter 6 added by Stats. 1982, Ch. 1553, Sec. 2. )

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    A lease may specify how title will vest in a participating party when the lease ends, and the commission may decide other lease terms and conditions.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 6. Construction and Lease of Facilities [92300 - 92310] ( Chapter 6 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## 92303. Any lease may provide the means or methods by which title shall vest in a participating party upon the termination of the lease and shall contain other terms and conditions that the commission may determine. (Added by Stats. 1982, Ch. 1553, Sec. 2.)
  12. 92304.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 6. Construction and Lease of Facilities [92300 - 92310] ( Chapter 6 added by Stats. 1982, Ch. 1553, Sec. 2. )

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    The commission may set and collect project rates, rents, fees, and charges, and use project revenues and related funds to pay debt, maintain reserves, and cover operating and administrative costs.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 6. Construction and Lease of Facilities [92300 - 92310] ( Chapter 6 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## 92304. The commission may fix, revise, charge, and collect rates, rents, fees, and charges for each project. The rates, rents, fees, and charges shall be fixed and adjusted with respect to the aggregate of rates, rents, fees, and charges from all projects so as to provide funds sufficient with other revenues and moneys available therefor, if any, to do all of the following: (a) Pay the principal of, and the interest on, outstanding bonds, notes, or other evidences of indebtedness of the commission financing project that shall become due and payable. (b) Create and maintain reserves required or provided for in any resolution authorizing, or trust agreement securing, the bonds, notes, or other evidences of indebtedness. A sufficient amount of the revenues derived from a project may be set aside at such regular intervals as may be provided in the resolution or trust agreement in a sinking or other similar fund which is hereby pledged to, and charged with, the payment of the principal of, and interest on, the bonds, notes, or other evidences of indebtedness as they become due, and the redemption price or the purchase price of bonds, notes, or other evidences of indebtedness retired by call or purchase as therein provided. The pledge shall be valid and binding from the time when the pledge is made; the rates, rents, fees, and charges and other revenues or other moneys so pledged and thereafter received by the commission shall immediately be subject to the lien of the pledge without any physical delivery thereof or further act, and the lien of any pledge shall be valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against the commission, regardless of whether the parties have notice thereof. No resolution, trust agreement or other agreement, or lease by which a pledge is created need be filed or recorded except in the records of the commission. The use and disposition of money to the credit of sinking or other similar fund shall be subject to the resolution authorizing the issuance of the bonds or of the trust agreement. Except as may be otherwise provided in the resolution or the trust agreement, the sinking or other similar fund may be a fund for all bonds, notes, or other evidences of indebtedness of the commission financing projects of a particular participating party without distinction or priority of one over another. However, the commission, in any resolution or trust agreement, may provide that the sinking or other similar fund shall be the fund for a particular project or projects and for the bonds financing a particular project or projects and may, additionally, permit and provide for the issuance of bonds having a subordinate lien with respect to the security authorized for other bonds, notes, or other evidences of indebtedness of the commission, and, in such case, the commission may create separate sinking or other similar funds for the subordinate lien bonds, notes, or other evidences of indebtedness. (c) Pay operating and administrative costs of the commission. (Added by Stats. 1982, Ch. 1553, Sec. 2.)
  13. 92305.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 6. Construction and Lease of Facilities [92300 - 92310] ( Chapter 6 added by Stats. 1982, Ch. 1553, Sec. 2. )

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    The commission may enter into contracts of sale for projects it finances, and it must apply installment or conditional sale payments in the same way as specified elsewhere in the chapter.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 6. Construction and Lease of Facilities [92300 - 92310] ( Chapter 6 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## 92305. The commission may enter into contracts of sale with any participating party covering any project financed by the commission. The purchase price pursuant to the contract of sale shall be sufficient to provide funds for all the purposes provided in Section 92304 and may be paid in installments, together with interest on the unpaid balance, or otherwise, as may be mutually agreed and set forth in the contract of sale. All payments received by the commission under any installment sale or conditional sales contract shall be applied by the commission substantially in the same manner as provided in Section 92302 in the case of lease payments or rental charges received by the commission. (Added by Stats. 1982, Ch. 1553, Sec. 2.)
  14. 92306.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 6. Construction and Lease of Facilities [92300 - 92310] ( Chapter 6 added by Stats. 1982, Ch. 1553, Sec. 2. )

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    The commission may finance a project with a loan to the participating party instead of leasing or selling it, and it may decide whether the loan is secured or unsecured.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 6. Construction and Lease of Facilities [92300 - 92310] ( Chapter 6 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## 92306. As an alternative to leasing or selling a project or part thereof to a participating party, the commission may finance the acquisition, construction, or installation of a project, or any part thereof, by means of a loan to the participating party. The principal amount of the participating party’s obligation as borrower shall be sufficient to provide funds for all the purposes specified in subdivisions (a), (b), and (c) of Section 92304 and may be paid in installments, together with interest on the unpaid balance, or otherwise as may be mutually agreed by the commission and the participating party and set forth in the loan agreement. Loans made pursuant to this section may be secured or unsecured, in the discretion of the commission. Section 92300 shall not be applicable to projects constructed with moneys loaned pursuant to this section. (Added by Stats. 1982, Ch. 1553, Sec. 2.)
  15. 92307.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 6. Construction and Lease of Facilities [92300 - 92310] ( Chapter 6 added by Stats. 1982, Ch. 1553, Sec. 2. )

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    Money received under this title must be treated as trust funds and used only for the purposes stated in the title.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 6. Construction and Lease of Facilities [92300 - 92310] ( Chapter 6 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## 92307. All money received pursuant to this title, whether as proceeds from the sale of bonds, notes, or other evidences of indebtedness or as revenues, shall be deemed to be trust funds to be held and applied solely as provided in this title. Any bank or trust company with which the money is deposited shall act as trustee of the money and shall hold and apply it for the purposes hereof, subject to the resolution authorizing the bonds of any issue or the trust agreement securing the bonds may provide. (Added by Stats. 1982, Ch. 1553, Sec. 2.)
  16. 92308.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 6. Construction and Lease of Facilities [92300 - 92310] ( Chapter 6 added by Stats. 1982, Ch. 1553, Sec. 2. )

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    Bondholders and trustees may enforce their rights and compel required duties through legal proceedings, unless a resolution or trust agreement restricts those rights.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 6. Construction and Lease of Facilities [92300 - 92310] ( Chapter 6 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## 92308. Any holder of bonds, notes, or other obligations issued under this title, or any of the coupons appertaining thereto, and the trustee or trustees under any trust agreement, except to the extent the rights herein given may be restricted by any resolution authorizing the issuance of, or any trust agreement securing, the bonds, notes, or other obligations, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the state or granted hereunder, or under the resolution or trust agreement, and may enforce and compel the performance of all duties required by this title, or by resolution or trust agreement, to be performed by the commission or by an officer, employee, or agent thereof, including the fixing, charging, and collecting of the rates, rents, fees, and charges authorized by this title and required by the resolution or trust agreement to be fixed, established, and collected. (Added by Stats. 1982, Ch. 1553, Sec. 2.)
  17. 92309.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 6. Construction and Lease of Facilities [92300 - 92310] ( Chapter 6 added by Stats. 1982, Ch. 1553, Sec. 2. )

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    The commission, its income-related revenues, its bonds, and commission-owned property are given tax exemptions, while participating parties’ project-property interests are taxed under general property-tax rules.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 6. Construction and Lease of Facilities [92300 - 92310] ( Chapter 6 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## 92309. Notwithstanding any other provision of law: (a) The commission and its revenues, amounts for administration expenses, and any other income shall be exempt from all taxes on, or measured by, income. (b) Bonds issued by the commission shall be exempt from all property taxation, and the interest on the bonds shall be exempt from all taxes on income. (c) All property owned by the commission shall be exempt from property taxes, assessments, and other public charges secured by liens. (d) All interest of the participating party in the property of any project shall, for purposes of property taxation, be subject to Division 1 (commencing with Section 101) of the Revenue and Taxation Code, and the interests that constitute the tax base for property taxation is subject to assessments and charges on the same basis as other property. (e) “Sale” and “purchase,” for the purposes of Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code, do not include any lease or transfer of title of tangible personal property constituting any project or facility to the commission by a participating party, nor any lease or transfer of title of tangible personal property constituting any project or facility by the commission to a participating party, when the transfer or lease is made pursuant to this title. (Amended by Stats. 2006, Ch. 538, Sec. 340. Effective January 1, 2007.)
  18. 92310.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 6. Construction and Lease of Facilities [92300 - 92310] ( Chapter 6 added by Stats. 1982, Ch. 1553, Sec. 2. )

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    The Legislature may terminate the commission, subject to Section 92352. If the commission is dissolved, its property becomes State of California property and cannot benefit any private party.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 6. Construction and Lease of Facilities [92300 - 92310] ( Chapter 6 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## 92310. Subject to Section 92352, the existence of the commission may be terminated at any time by the Legislature. Upon dissolution of the commission, the title to all properties owned by it shall vest in and become the property of the State of California and shall not inure to the benefit of any private party. (Added by Stats. 1982, Ch. 1553, Sec. 2.)
  19. 92350.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 7. Supplemental Provisions [92350 - 92354] ( Chapter 7 added by Stats. 1982, Ch. 1553, Sec. 2. )

    Verify source ↗

    This title must be interpreted liberally to carry out its purposes.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 7. Supplemental Provisions [92350 - 92354] ( Chapter 7 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## 92350. This title, being necessary for the welfare of the state and its inhabitants, shall be liberally construed to effect the purposes hereof. (Added by Stats. 1982, Ch. 1553, Sec. 2.)
  20. 92351.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 7. Supplemental Provisions [92350 - 92354] ( Chapter 7 added by Stats. 1982, Ch. 1553, Sec. 2. )

    Verify source ↗

    This section says the title gives an additional, supplemental way to carry out its authorized actions, and certain bond and project activities do not have to follow other laws unless this title specifically says otherwise.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 7. Supplemental Provisions [92350 - 92354] ( Chapter 7 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## 92351. This title shall be deemed to provide a complete, additional, and alternative method for the doing of the things authorized thereby, and shall be regarded as supplemental and additional to powers conferred by other laws. The issuance of bonds and refunding bonds under this title need not comply with the requirements of any other law applicable to the issuance of bonds, and, in the construction and acquisition of a project pursuant to this title, the commission need not comply with the requirements of any other law applicable to the construction or acquisition of public works except as specifically provided in this title. Rapid rail transit system facilities and projects, as defined in Section 92015, may be acquired, constructed, completed, repaired, altered, improved, or extended, and bonds may be issued for any of those purposes under this title, notwithstanding that any other law may provide for such acquisition, construction, completion, repair, alteration, improvement, or extension of similar facilities or for the issuance of bonds for similar purposes and without regard to the requirements, restrictions, limitations, or other provisions contained in any other law. (Added by Stats. 1982, Ch. 1553, Sec. 2.)
  21. 92352.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 7. Supplemental Provisions [92350 - 92354] ( Chapter 7 added by Stats. 1982, Ch. 1553, Sec. 2. )

    Verify source ↗

    California pledges not to limit or alter the commission’s vested rights until its obligations are paid and its contracts are performed, unless the law makes adequate protection for affected holders or contract parties.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 7. Supplemental Provisions [92350 - 92354] ( Chapter 7 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## 92352. The State of California does hereby pledge to, and agree with, the holders of any obligations issued under this title, and with those parties who may enter into contracts with the commission pursuant to this title, that the state will not limit or alter the rights hereby vested in the commission until the obligations, together with the interest thereon, are fully met and discharged and the contracts are fully performed on the part of the commission. However, nothing in this section precludes such limitation or alteration if and when adequate provision has been made by law for the protection of the holders of obligations of the commission or those entering into contracts with the commission. The commission, as agent for the state, may include this pledge and undertaking for the state in its obligations and contracts. (Added by Stats. 1982, Ch. 1553, Sec. 2.)
  22. 92353.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 7. Supplemental Provisions [92350 - 92354] ( Chapter 7 added by Stats. 1982, Ch. 1553, Sec. 2. )

    Verify source ↗

    If this title conflicts with another general or special statute about financing rapid rail transit facilities, this title controls.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 7. Supplemental Provisions [92350 - 92354] ( Chapter 7 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## 92353. To the extent that the provisions of this title, with respect to the financing of rapid rail systems, are inconsistent with the provisions of any general statute or special act or parts thereof, with respect to the financing of rapid rail transit facilities, the provisions of this title shall be deemed controlling. (Added by Stats. 1982, Ch. 1553, Sec. 2.)
  23. 92354.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 7. Supplemental Provisions [92350 - 92354] ( Chapter 7 added by Stats. 1982, Ch. 1553, Sec. 2. )

    Verify source ↗

    State agencies covered by the Budget Act must require certain railroad corporations to reimburse processing costs for applications or approvals related to rapid rail transit projects.

    ## Government Code - GOV ## TITLE 11. CALIFORNIA PASSENGER RAIL FINANCING COMMISSION ACT [92000 - 92354] ( Title 11 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## CHAPTER 7. Supplemental Provisions [92350 - 92354] ( Chapter 7 added by Stats. 1982, Ch. 1553, Sec. 2. ) ## 92354. Any state agency whose support is provided for in the Budget Act shall require any railroad corporation proposing to construct or modify a rapid rail transit system or project, as defined in Section 92015, to reimburse the agency for its costs for processing any application or approval related to the system or project. The corporation shall reimburse the agency for all costs directly related to any application or approval including, but not limited to, costs of agency staff, consultants, and any advisory services which the agency deems necessary. (Added by Stats. 1983, Ch. 323, Sec. 59.6. Effective July 1, 1983.)
  24. 925.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 4. Presentation of Claims to State Controller [925 - 926.10] ( Chapter 4 added by Stats. 1963, Ch. 1715. )

    Verify source ↗

    In this chapter, “department” means the Department of General Services.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 4. Presentation of Claims to State Controller [925 - 926.10] ( Chapter 4 added by Stats. 1963, Ch. 1715. ) ## 925. As used in this chapter, “department” means the Department of General Services. (Amended by Stats. 2016, Ch. 31, Sec. 42. (SB 836) Effective June 27, 2016.)
  25. 925.2.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 4. Presentation of Claims to State Controller [925 - 926.10] ( Chapter 4 added by Stats. 1963, Ch. 1715. )

    Verify source ↗

    Certain legislative expense claims and claims for official salaries fixed by statute are exempt from this chapter and Section 13920, with one stated exception for Section 925.6.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 4. Presentation of Claims to State Controller [925 - 926.10] ( Chapter 4 added by Stats. 1963, Ch. 1715. ) ## 925.2. Claims for expenses of either house of the Legislature or members or committees thereof are exempt from Section 13920 and this chapter, except Section 925.6, and claims for official salaries fixed by statute are exempt from this chapter and Section 13920. (Amended by Stats. 1989, Ch. 592, Sec. 2.)
  26. 925.4.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 4. Presentation of Claims to State Controller [925 - 926.10] ( Chapter 4 added by Stats. 1963, Ch. 1715. )

    Verify source ↗

    A person with a qualifying claim against the state may present the claim to the Controller, following the department’s prescribed form and process.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 4. Presentation of Claims to State Controller [925 - 926.10] ( Chapter 4 added by Stats. 1963, Ch. 1715. ) ## 925.4. Any person having a claim against the state for which appropriations have been made, or for which state funds are available, may present it to the Controller in the form and manner prescribed by the general rules and regulations adopted by the department for the presentation and audit of claims. (Amended by Stats. 2016, Ch. 31, Sec. 43. (SB 836) Effective June 27, 2016.)
  27. 925.6.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 4. Presentation of Claims to State Controller [925 - 926.10] ( Chapter 4 added by Stats. 1963, Ch. 1715. )

    Verify source ↗

    The Controller generally may not issue a warrant for a claim until it has been audited and must follow the applicable rules; some committee claims and certain housing-related advance-payment claims are treated differently.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 4. Presentation of Claims to State Controller [925 - 926.10] ( Chapter 4 added by Stats. 1963, Ch. 1715. ) ## 925.6. (a) Except as otherwise provided in subdivisions (b) and (e), the Controller shall not draw their warrant for any claim until the Controller has audited that claim in conformity with law and the general rules and regulations adopted by the department, governing the presentation and audit of claims. If the Controller is directed by law to draw their warrant for any purpose, the direction is subject to this section. (b) Notwithstanding subdivision (a), the Assembly Committee on Rules, the Senate Committee on Rules, and the Joint Rules Committee, in cooperation with the Controller, shall adopt rules and regulations to govern the presentation of claims of the committees to the Controller. The Controller, in cooperation with the committees, shall adopt rules and regulations governing the audit and recordkeeping of claims of the committees. All rules and regulations shall be adopted by January 31, 1990, shall be published in the Assembly and Senate Journals, and shall be made available to the public. (c) Rules and regulations adopted pursuant to subdivision (b) shall not be subject to the review by or approval of the Office of Administrative Law. (d) Records of claims kept by the Controller pursuant to subdivision (b) shall be open to public inspection as permitted by the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1). (e) (1) Notwithstanding subdivision (a), the Controller shall draw their warrant for any claim submitted by the Department of Housing and Community Development to advance the payment of funds to a vendor selected pursuant to Section 50897.3 of the Health and Safety Code, based on approved applicants associated with Chapter 17 (commencing with Section 50897) of Part 2 of Division 31 of the Health and Safety Code. Funds made available for advance payment pursuant to this subdivision shall not exceed 25 percent of the original amount allocated for the program described in Chapter 17 (commencing with Section 50897) of Part 2 of Division 31 of the Health and Safety Code at any given time. (2) The vendor described in paragraph (1) shall be the fiscal agent on behalf of the Department of Housing and Community Development and shall be responsible for maintaining all records of claims for audit purposes. (3) Unless otherwise expressly provided, this subdivision shall remain operative so long as funds are made available pursuant to Chapter 17 (commencing with Section 50897) of Part 2 of Division 31 of the Health and Safety Code or as otherwise provided under federal law. (Amended by Stats. 2022, Ch. 28, Sec. 51. (SB 1380) Effective January 1, 2023.)
  28. 925.8.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 4. Presentation of Claims to State Controller [925 - 926.10] ( Chapter 4 added by Stats. 1963, Ch. 1715. )

    Verify source ↗

    If the Controller approves a claim, the Controller must draw a warrant for the approved amount in favor of the claimant.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 4. Presentation of Claims to State Controller [925 - 926.10] ( Chapter 4 added by Stats. 1963, Ch. 1715. ) ## 925.8. If the Controller approves a claim he shall draw his warrant for the amount approved in favor of the claimant. (Added by Stats. 1963, Ch. 1715.)
  29. 926.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 4. Presentation of Claims to State Controller [925 - 926.10] ( Chapter 4 added by Stats. 1963, Ch. 1715. )

    Verify source ↗

    If the Controller disapproves a claim, the Controller must file the claim and a statement of disapproval and reasons with the department.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 4. Presentation of Claims to State Controller [925 - 926.10] ( Chapter 4 added by Stats. 1963, Ch. 1715. ) ## 926. If he or she disapproves a claim, the Controller shall file it and a statement of his or her disapproval and his or her reasons with the department as prescribed in the rules and regulations of the department. (Amended by Stats. 2016, Ch. 31, Sec. 45. (SB 836) Effective June 27, 2016.)
  30. 926.10.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 4. Presentation of Claims to State Controller [925 - 926.10] ( Chapter 4 added by Stats. 1963, Ch. 1715. )

    Verify source ↗

    Certain public entities and persons with qualifying liquidated claims are entitled to interest starting on day 61 after filing; the rate is 6% per year.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 4. Presentation of Claims to State Controller [925 - 926.10] ( Chapter 4 added by Stats. 1963, Ch. 1715. ) ## 926.10. Any public entity as defined by Section 811.2 having a liquidated claim against any other public entity based on contract or statute of the State of California, or any person having such a claim against a public agency, shall be entitled to interest commencing the 61st day after such public entity or person files a liquidated claim known or agreed to be valid when filed pursuant to such statute or contract, and such claim is due and payable. Interest shall be 6 percent per annum. (Added by Stats. 1971, Ch. 1526.)
  31. 926.2.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 4. Presentation of Claims to State Controller [925 - 926.10] ( Chapter 4 added by Stats. 1963, Ch. 1715. )

    Verify source ↗

    The Controller may not consider a state claim a second time after it has been rejected, unless new facts are later presented that would justify a new trial.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 4. Presentation of Claims to State Controller [925 - 926.10] ( Chapter 4 added by Stats. 1963, Ch. 1715. ) ## 926.2. The Controller shall not entertain for a second time a claim against the state once rejected by him or her or by the Legislature unless such facts are subsequently presented to the department as in suits between individuals that would furnish sufficient ground for granting a new trial. (Amended by Stats. 2016, Ch. 31, Sec. 46. (SB 836) Effective June 27, 2016.)
  32. 926.4.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 4. Presentation of Claims to State Controller [925 - 926.10] ( Chapter 4 added by Stats. 1963, Ch. 1715. )

    Verify source ↗

    A person aggrieved by the Controller’s disapproval of a claim may appeal to the department, and the Controller must reconsider the rejection if the department finds facts justifying that action.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 4. Presentation of Claims to State Controller [925 - 926.10] ( Chapter 4 added by Stats. 1963, Ch. 1715. ) ## 926.4. Any person who is aggrieved by the disapproval of a claim by the Controller may appeal to the department. If the department finds that facts are presented justifying such action, the Controller shall reconsider his or her rejection of the claim. (Amended by Stats. 2016, Ch. 31, Sec. 47. (SB 836) Effective June 27, 2016.)
  33. 926.6.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 4. Presentation of Claims to State Controller [925 - 926.10] ( Chapter 4 added by Stats. 1963, Ch. 1715. )

    Verify source ↗

    After a claim is finally rejected by the Controller on reconsideration, an interested person may appeal to the Legislature by filing a notice with the department.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 4. Presentation of Claims to State Controller [925 - 926.10] ( Chapter 4 added by Stats. 1963, Ch. 1715. ) ## 926.6. After final rejection of a claim by the Controller following reconsideration, any person interested may appeal to the Legislature by filing with the department a notice of appeal. Upon receipt of such notice the department shall transmit to the Legislature the rejected claim, all papers accompanying it, and a statement of the evidence taken before the department. (Amended by Stats. 2016, Ch. 31, Sec. 48. (SB 836) Effective June 27, 2016.)
  34. 926.8.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 4. Presentation of Claims to State Controller [925 - 926.10] ( Chapter 4 added by Stats. 1963, Ch. 1715. )

    Verify source ↗

    A qualifying U.S. government agency may use this section to claim a State-held credit, and the State must process the claim by noting the filing, offsetting debts, and issuing a warrant for the net amount due.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 4. Presentation of Claims to State Controller [925 - 926.10] ( Chapter 4 added by Stats. 1963, Ch. 1715. ) ## 926.8. Whenever a governmental agency of the United States, in the collection of taxes or amounts owing to it, is authorized by federal law to levy administratively on credits owing to a debtor, it may avail itself of the provisions of this section and claim credits owing by the State to such debtor, in manner as follows: It shall file a certification of the facts with the state department, board, office or commission owing the credit to the debtor prior to the time the state agency presents the claims of the debtor therefor to the State Controller or to the State Personnel Board. The state agency in presenting the claim of the debtor shall note thereon the fact of the filing of the certificate and shall also note any amounts owed by the debtor to the State by reason of advances or for any other purpose. Subject to the provisions of Sections 12419.4 and 12419.5, the State Controller shall issue his warrant payable to the United States Treasurer for the net amount due the debtor, after offsetting for any amounts advanced to the debtor or by him owing to the State, or as much thereof as will satisfy in full the amount owing by the debtor to the United States as so certified; any balance shall be paid to the debtor. (Added by Stats. 1963, Ch. 1715.)
  35. 927.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 4.5. Prompt Payment of Claims [927 - 927.13] ( Chapter 4.5 added by Stats. 1998, Ch. 916, Sec. 5. )

    Verify source ↗

    State agencies must pay properly submitted, undisputed payments to individuals within 45 days, or calculate and pay any late payment penalties required by the chapter.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 4.5. Prompt Payment of Claims [927 - 927.13] ( Chapter 4.5 added by Stats. 1998, Ch. 916, Sec. 5. ) ## 927. (a) This chapter shall be known and may be cited as the California Prompt Payment Act. (b) It is the intent of the Legislature that state agencies pay properly submitted, undisputed invoices, refunds, or other undisputed payments due to individuals within 45 days of receipt or notification thereof, or automatically calculate and pay the appropriate late payment penalties as specified in this chapter. (c) Notwithstanding any other provision of law, this chapter shall apply to all state agencies, including, but not limited to, the Public Employees’ Retirement System, the State Teachers’ Retirement System, the Treasurer, and the Department of General Services. (Amended by Stats. 2010, Ch. 719, Sec. 13. (SB 856) Effective October 19, 2010.)
  36. 927.1.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 4.5. Prompt Payment of Claims [927 - 927.13] ( Chapter 4.5 added by Stats. 1998, Ch. 916, Sec. 5. )

    Verify source ↗

    State agencies must pay under the contract or grant terms and Section 927.4, or face late payment penalties. Those penalties generally cannot be waived, altered, or limited except in an emergency under Section 927.11.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 4.5. Prompt Payment of Claims [927 - 927.13] ( Chapter 4.5 added by Stats. 1998, Ch. 916, Sec. 5. ) ## 927.1. (a) (1) A state agency that acquires property or services pursuant to a contract with a business, including any approved change order or contract amendment, shall make payment to the person or business on the date required by the contract and as required by Section 927.4 or be subject to a late payment penalty. (2) A state agency that awards a grant, as defined in subdivision (b) of Section 927.2, shall make payment to the person or business that is the recipient of the grant on the date required by the grant and as required by Section 927.4 or be subject to a late payment penalty. (b) Except in the event of an emergency as provided in Section 927.11, effective January 1, 1999, the late payment penalties specified in this chapter may not be waived, altered, or limited by either of the following: (1) A state agency acquiring property or services pursuant to a contract or that awards a grant. (2) Any person or business contracting with a state agency to provide property or services or that is the recipient of a grant. (Amended by Stats. 2006, Ch. 861, Sec. 1. Effective January 1, 2007.)
  37. 927.10.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 4.5. Prompt Payment of Claims [927 - 927.13] ( Chapter 4.5 added by Stats. 1998, Ch. 916, Sec. 5. )

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    State agencies must encourage prompt payment to subcontractors and suppliers, use expedited payment processes, and respond quickly to payment-status inquiries.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 4.5. Prompt Payment of Claims [927 - 927.13] ( Chapter 4.5 added by Stats. 1998, Ch. 916, Sec. 5. ) ## 927.10. State agencies shall encourage claimants to promptly pay their subcontractors and suppliers, especially those that are small businesses. In furtherance of this policy, state agencies shall utilize expedited payment processes to enable faster payment by prime contractors to their subcontractors and suppliers, and shall promptly respond to any subcontractor or supplier inquiries regarding the status of payments made to prime contractors. (Amended by Stats. 2006, Ch. 861, Sec. 6. Effective January 1, 2007.)
  38. 927.11.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 4.5. Prompt Payment of Claims [927 - 927.13] ( Chapter 4.5 added by Stats. 1998, Ch. 916, Sec. 5. )

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    This section delays payment timing in some forestry contracts and suspends or limits late-payment penalties in certain emergencies or budget-related payment delays.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 4.5. Prompt Payment of Claims [927 - 927.13] ( Chapter 4.5 added by Stats. 1998, Ch. 916, Sec. 5. ) ## 927.11. (a) Except in the case of a contract with a resource conservation district, a certified small business, a nonprofit organization, or a nonprofit public benefit corporation, if an invoice from a business under a contract with the Department of Forestry and Fire Protection would become subject to late payment penalties during the peak fire protection staffing period, as determined by the Director of Forestry and Fire Protection, or their designee, then the required payment approval date shall be extended by 30 calendar days. (b) No nonprofit public benefit corporation shall be eligible for a late payment penalty if a state agency fails to make timely payment because no Budget Act has been enacted. (c) (1) If the Director of Finance determines that a state agency or the Controller is unable to promptly pay an invoice as provided for by this chapter due to a major calamity, disaster, or criminal act, then otherwise applicable late payment penalty provisions contained in Sections 927.6 and 927.7 shall be suspended, except as they apply to a claimant that is any of the following: (A) A resource conservation district. (B) A certified small business. (C) A nonprofit organization. (D) A nonprofit public benefit corporation. (E) A small business or nonprofit organization that provides services or equipment under the Medi-Cal program. (2) A suspension pursuant to this subdivision shall remain in effect until the Director of Finance determines that the suspended late payment penalty provisions should be reinstated. (d) Except as provided in subdivision (b), in the event a state agency fails to make timely payment because no Budget Act has been enacted, penalties shall continue to accrue until the time that the invoice is paid. (Amended by Stats. 2025, Ch. 47, Sec. 1. (AB 1177) Effective January 1, 2026.)
  39. 927.12.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 4.5. Prompt Payment of Claims [927 - 927.13] ( Chapter 4.5 added by Stats. 1998, Ch. 916, Sec. 5. )

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    Section 926.10 does not apply to contracts covered by this chapter.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 4.5. Prompt Payment of Claims [927 - 927.13] ( Chapter 4.5 added by Stats. 1998, Ch. 916, Sec. 5. ) ## 927.12. Section 926.10 shall not apply to any contract covered by this chapter. (Added by Stats. 1998, Ch. 916, Sec. 5. Effective January 1, 1999.)
  40. 927.13.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 4.5. Prompt Payment of Claims [927 - 927.13] ( Chapter 4.5 added by Stats. 1998, Ch. 916, Sec. 5. )

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    State agencies and the Controller must meet payment and claim-processing deadlines, or penalties may apply.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 4.5. Prompt Payment of Claims [927 - 927.13] ( Chapter 4.5 added by Stats. 1998, Ch. 916, Sec. 5. ) ## 927.13. (a) Unless otherwise provided for by statute, any state agency that fails to submit a correct claim to the Controller within 30 days of receipt of a notice of refund or other payment due, and fails to issue payment within 45 days from the notice of refund or other payment due, shall be liable for penalties on the undisputed amount pursuant to this section. The penalties shall be paid out of the agency’s funds at a rate equal to the Pooled Money Investment Account daily rate on June 30 of the prior fiscal year minus 1 percent. The penalties shall cease to accrue on the date full payment or refund is made. If the amount of the penalty is ten dollars ($10) or less, the penalty shall be waived and not paid by the state agency. On an exception basis, state agencies may avoid payment of penalties for failure to submit a correct claim to the Controller by paying the claimant directly from the state agency’s revolving fund within 45 calendar days following the agency’s receipt of the notice of refund or other payment due. (b) The Controller shall pay claimants within 15 calendar days of receipt of a correct claim from the state agency. If the Controller fails to make payment within 15 calendar days of receipt of the claim schedule from a state agency, and payment is not issued within 45 calendar days following the agency’s receipt of a notice of refund or undisputed payment due, the Controller shall pay applicable penalties to the claimant. Penalties shall cease to accrue on the date full payment is made, and shall be paid out of the Controller’s funds. If the amount of the penalty is ten dollars ($10) or less, the penalty shall be waived and not paid by the Controller. (c) The Department of FISCal shall be responsible for applicable penalties if the Financial Information System for California delays the delivery of a correct claim from the state agency to the Controller, preventing the Controller from making payment within 15 calendar days and payment is not issued within 45 calendar days from the agency’s receipt of a notice of refund or an undisputed payment due. (d) No person shall receive an interest payment pursuant to this section if it is determined that the person has intentionally overpaid on a liability solely for the purpose of receiving a penalty payment. (e) No penalty shall accrue during any time period for which there is no Budget Act in effect, nor on any payment or refund that is the result of a federally mandated program or that is directly dependent upon the receipt of federal funds by a state agency. (f) This section shall not apply to any of the following: (1) Payments, refunds, or credits for income tax purposes. (2) Payment of claims for reimbursement for health care services or mental health services provided under the Medi-Cal program, pursuant to Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code. (3) Any payment made pursuant to a public social service or public health program to a recipient of benefits under that program. (4) Payments made on claims by the Department of General Services. (5) Payments made by the Commission on State Mandates. (6) Payments made by the Department of Human Resources pursuant to Section 19823. (Amended by Stats. 2019, Ch. 29, Sec. 85. (SB 82) Effective June 27, 2019.)
  41. 927.2.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 4.5. Prompt Payment of Claims [927 - 927.13] ( Chapter 4.5 added by Stats. 1998, Ch. 916, Sec. 5. )

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    This section defines key terms used in the chapter on prompt payment of claims.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 4.5. Prompt Payment of Claims [927 - 927.13] ( Chapter 4.5 added by Stats. 1998, Ch. 916, Sec. 5. ) ## 927.2. The following definitions apply to this chapter: (a) “Claim” means payment requests prepared and submitted by a state agency to the Controller for payment to the named claimant. (b) (1) “Grant” means a signed final agreement between any state agency and a local government agency or organization authorized to accept grant funding for victim services or prevention programs administered by any state agency, or restoration activities performed by a resource conservation district. (2) A grant defined by this subdivision is a contract and subject to this chapter. (c) “Invoice” means a bill or claim that requests payment on a contract under which a state agency acquires property or services or pursuant to a signed final grant agreement. (d) “Medi-Cal program” means the program established pursuant to Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code. (e) “Nonprofit public benefit corporation” means a corporation, as defined by subdivision (b) of Section 5046 of the Corporations Code, that has registered with the Department of General Services as a small business. (f) “Nonprofit service organization” means a nonprofit entity that is organized to provide services to the public. (g) “Notice of refund or other payment due” means a state agency provides notice to the person that a refund or payment is owed to that person or the state agency receives notice from the person that a refund or undisputed payment is due. (h) “Payment” means any form of the act of paying, including, but not limited to, the issuance of a warrant or a registered warrant by the Controller, or the issuance of a revolving fund check by a state agency, to a claimant in the amount of an undisputed invoice. (i) “Reasonable cause” means a determination by a state agency that any of the following conditions are present: (1) There is a discrepancy between the invoice or claimed amount and the provisions of the contract or grant. (2) There is a discrepancy between the invoice or claimed amount and either the claimant’s actual delivery of property or services to the state or the state’s acceptance of those deliveries. (3) Additional evidence supporting the validity of the invoice or claimed amount is required to be provided to the state agency by the claimant. (4) The invoice has been improperly executed or needs to be corrected by the claimant. (5) There is a discrepancy between the refund or other payment due as calculated by the person to whom the money is owed and by the state agency. (j) “Received by a state agency” means the date an invoice is delivered to the state location or party specified in the contract or grant or, if a state location or party is not specified in the contract or grant, wherever otherwise specified by the state agency. (k) “Required payment approval date” means the date on which payment is due as specified in a contract or grant or, if a specific date is not established by the contract or grant, 30 calendar days following the date upon which an undisputed invoice is received by a state agency. (l) “Resource conservation district” means a resource conservation district established pursuant to Division 9 (commencing with Section 9001) of the Public Resources Code. (m) “Revolving fund” means a fund established pursuant to Article 5 (commencing with Section 16400) of Chapter 2 of Part 2 of Division 4 of Title 2. (n) “Small business” means a business certified as a “small business” in accordance with subdivision (d) of Section 14837, including certified small businesses engaged in the development, design, and construction of California’s high-speed rail system pursuant to the California High-Speed Rail Act (Division 19.5 (commencing with Section 185000) of the Public Utilities Code). (o) “Small business” and “nonprofit organization” mean, in reference to providers under the Medi-Cal program, a business or organization that meets all of the following criteria: (1) The principal office is located in California. (2) The officers, if any, are domiciled in California. (3) If a small business, it is independently owned and operated. (4) The business or organization is not dominant in its field of operation. (5) Together with any affiliates, the business or organization has gross receipts from business operations that do not exceed three million dollars ($3,000,000) per year, except that the Director of Health Services may increase this amount if the director deems that this action would be in furtherance of the intent of this chapter. (p) “Department of FISCal” means the organization responsible for operating and maintaining the Financial Information System for California integrating statewide accounting, budgeting, cash management, and procurement pursuant to subdivision (b) of Section 11890. (Amended by Stats. 2022, Ch. 455, Sec. 1. (AB 1776) Effective January 1, 2023.)
  42. 927.3.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 4.5. Prompt Payment of Claims [927 - 927.13] ( Chapter 4.5 added by Stats. 1998, Ch. 916, Sec. 5. )

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    State agencies must send undisputed invoices and refund notices to the Controller by the stated deadlines, except when direct payment is allowed. State employees may not use minor or technical defects to block payment.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 4.5. Prompt Payment of Claims [927 - 927.13] ( Chapter 4.5 added by Stats. 1998, Ch. 916, Sec. 5. ) ## 927.3. (a) Except where payment is made directly by a state agency pursuant to Section 927.6, an undisputed invoice received by a state agency shall be submitted to the Controller for payment by the required payment approval date. A state agency may dispute an invoice submitted by a claimant for reasonable cause if the state agency notifies the claimant within 15 working days from receipt of the invoice, or delivery of property or services, whichever is later. No state employee shall dispute an invoice, on the basis of minor or technical defects, in order to circumvent or avoid the general intent or any of the specific provisions of this chapter. (b) Except where payment is made directly by a state agency pursuant to Section 927.13, a notice of refund or other payment due received by a state agency shall be submitted to the Controller within 30 calendar days of the agency’s receipt of the notice. A state agency may dispute a refund request for reasonable cause if the state agency notifies the claimant within 15 working days after the state agency receives notice from the individual that the refund is due. (Amended by Stats. 2010, Ch. 719, Sec. 15. (SB 856) Effective October 19, 2010.)
  43. 927.4.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 4.5. Prompt Payment of Claims [927 - 927.13] ( Chapter 4.5 added by Stats. 1998, Ch. 916, Sec. 5. )

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    A state agency must pay an undisputed invoice within 45 calendar days, unless another rule in this chapter applies.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 4.5. Prompt Payment of Claims [927 - 927.13] ( Chapter 4.5 added by Stats. 1998, Ch. 916, Sec. 5. ) ## 927.4. Except as otherwise provided in this chapter, to avoid late payment penalties, the maximum time from state agency receipt of an undisputed invoice to the date of payment is 45 calendar days. If payment is not issued within 45 calendar days from the state agency receipt of an undisputed invoice, late payment penalties shall be paid to the claimant in accordance with Sections 927.6 and 927.7. (Amended by Stats. 2009, 4th Ex. Sess., Ch. 23, Sec. 5. Effective July 28, 2009.)
  44. 927.5.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 4.5. Prompt Payment of Claims [927 - 927.13] ( Chapter 4.5 added by Stats. 1998, Ch. 916, Sec. 5. )

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    This section generally excludes Medi-Cal reimbursement claims from the chapter, but certain small-business or nonprofit providers are treated differently. For covered Medi-Cal claims submitted to the state or its fiscal intermediary, payment is due within 30 days after receipt unless there is reasonable cause not to pay. Claims needing special review do not qualify for a late payment penalty.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 4.5. Prompt Payment of Claims [927 - 927.13] ( Chapter 4.5 added by Stats. 1998, Ch. 916, Sec. 5. ) ## 927.5. This chapter shall not apply to claims for reimbursement for health care services provided under the Medi-Cal program, unless the Medi-Cal health care services provider is a small business or nonprofit organization. In applying this section to claims submitted to the state, or its fiscal intermediary, by providers of services or equipment under the Medi-Cal program, payment for claims shall be due 30 days after a claim is received by the state or its fiscal intermediary, unless reasonable cause for nonpayment exists. With regard to Medi-Cal claims, reasonable cause shall include review of claims to determine medical necessity, review of claims for providers subject to special prepayment fraud and abuse controls, and claims that require review by the fiscal intermediary or State Department of Health Care Services due to special circumstances. Claims requiring special review as specified above shall not be eligible for a late payment penalty. (Amended by Stats. 2010, Ch. 719, Sec. 16. (SB 856) Effective October 19, 2010.)
  45. 927.6.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 4.5. Prompt Payment of Claims [927 - 927.13] ( Chapter 4.5 added by Stats. 1998, Ch. 916, Sec. 5. )

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    State agencies must pay penalty amounts when they miss the required claim-processing deadline, and the penalty rate depends on the type of claimant and the penalty amount.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 4.5. Prompt Payment of Claims [927 - 927.13] ( Chapter 4.5 added by Stats. 1998, Ch. 916, Sec. 5. ) ## 927.6. (a) State agencies shall pay applicable penalties, without requiring that the claimant submit an additional invoice for these amounts, whenever the state agency fails to submit a correct claim to the Controller by the required payment approval date and payment is not issued within 45 calendar days from the state agency receipt of an undisputed invoice. The penalty shall cease to accrue on the date the state agency submits the claim to the Controller for payment or pays the claimant directly, and shall be paid for out of the state agency’s support appropriation. If the claimant is a resource conservation district, certified small business, a nonprofit organization, a nonprofit public benefit corporation, or a small business or nonprofit organization that provides services or equipment under the Medi-Cal program, the state agency shall pay to the claimant a penalty at a rate of 10 percent above the United States Prime Rate on June 30 of the prior fiscal year. However, a nonprofit organization shall only be eligible to receive a penalty payment if it has been awarded a contract or grant in an amount less than five hundred thousand dollars ($500,000). If the amount of the penalty is ten dollars ($10) or less, the penalty shall be waived and not paid by the state agency. (b) For all other businesses, the state agency shall pay a penalty at a rate of 1 percent above the Pooled Money Investment Account daily rate on June 30 of the prior fiscal year, not to exceed a rate of 15 percent. If the amount of the penalty is one hundred dollars ($100) or less, the penalty shall be waived and not paid by the state agency. On an exception basis, state agencies may avoid payment of penalties for failure to submit a correct claim to the Controller by the required payment approval date by paying the claimant directly from the state agency’s revolving fund within 45 calendar days following the date upon which an undisputed invoice is received by the state agency. (Amended by Stats. 2022, Ch. 455, Sec. 2. (AB 1776) Effective January 1, 2023.)
  46. 927.7.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 4.5. Prompt Payment of Claims [927 - 927.13] ( Chapter 4.5 added by Stats. 1998, Ch. 916, Sec. 5. )

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    The Controller must pay correct claims within 15 calendar days, and must pay penalties if payment is late under the stated conditions.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 4.5. Prompt Payment of Claims [927 - 927.13] ( Chapter 4.5 added by Stats. 1998, Ch. 916, Sec. 5. ) ## 927.7. (a) The Controller shall pay claimants within 15 calendar days of receipt of a correct claim from the state agency. If the Controller fails to make payment within 15 calendar days of receipt of the claim from a state agency, and payment is not issued within 45 calendar days from state agency receipt of an undisputed invoice, the Controller shall pay applicable penalties to the claimant without requiring that the claimant submit an invoice for these amounts. Penalties shall cease to accrue on the date full payment is made, and shall be paid for out of the Controller’s funds. If the claimant is a resource conservation district, a certified small business, a nonprofit organization, a nonprofit public benefit corporation, or a small business or nonprofit organization that provides services or equipment under the Medi-Cal program, the Controller shall pay to the claimant a penalty at a rate of 10 percent above the United States Prime Rate on June 30 of the prior fiscal year, from the 16th calendar day following receipt of the claim from the state agency. However, a nonprofit organization shall only be eligible to receive a penalty payment if it has been awarded a contract or grant in an amount less than five hundred thousand dollars ($500,000). If the amount of the penalty is ten dollars ($10) or less, the penalty shall be waived and not paid by the Controller. For all other businesses, the Controller shall pay penalties at a rate of 1 percent above the Pooled Money Investment Account daily rate on June 30 of the prior fiscal year, not to exceed a rate of 15 percent. If the amount of the penalty is one hundred dollars ($100) or less, the penalty shall be waived and not paid by the Controller. (b) The Department of FISCal shall be responsible for applicable penalties if the Financial Information System for California delays the delivery of a correct claim from the state agency to the Controller, preventing the Controller from making payment within 15 calendar days and payment is not issued within 45 calendar days from state agency receipt of an undisputed invoice. (Amended by Stats. 2022, Ch. 455, Sec. 3. (AB 1776) Effective January 1, 2023.)
  47. 927.8.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 4.5. Prompt Payment of Claims [927 - 927.13] ( Chapter 4.5 added by Stats. 1998, Ch. 916, Sec. 5. )

    Verify source ↗

    State agencies must not seek extra appropriations to cover penalties caused by late payments, and if they request a deficiency appropriation they must identify the part tied to those penalties.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 4.5. Prompt Payment of Claims [927 - 927.13] ( Chapter 4.5 added by Stats. 1998, Ch. 916, Sec. 5. ) ## 927.8. State agencies shall avoid seeking any additional appropriation to pay penalties that accrue as a result of the agency’s failure to make timely payments as required by this chapter. Any state agency that requests that the Legislature make a deficiency appropriation for the agency shall identify what portion, if any, of the requested amount is required because of any penalties imposed by this chapter. (Added by Stats. 1998, Ch. 916, Sec. 5. Effective January 1, 1999.)
  48. 927.9.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 4.5. Prompt Payment of Claims [927 - 927.13] ( Chapter 4.5 added by Stats. 1998, Ch. 916, Sec. 5. )

    Verify source ↗

    State agencies must report certain late payment penalty information to the Director of General Services within 90 days after each fiscal year ends, and the director must compile and publish the information. The Department of Forestry and Fire Protection is excluded from these reporting requirements.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 4.5. Prompt Payment of Claims [927 - 927.13] ( Chapter 4.5 added by Stats. 1998, Ch. 916, Sec. 5. ) ## 927.9. (a) Except as provided in subdivision (c), on an annual basis, within 90 calendar days following the end of each fiscal year, state agencies shall provide the Director of General Services with a report on late payment penalties that were paid by the state agency in accordance with this chapter during the preceding fiscal year. (b) The report shall separately identify the total number and dollar amount of late payment penalties paid to small businesses, other businesses, and refunds or other payments to individuals. State agencies may, at their own initiative, provide the director with other relevant performance measures. The director shall prepare a report separately listing the number and total dollar amount of all late payment penalties paid to small businesses, other businesses, and refunds and other payments to individuals by each state agency during the preceding fiscal year, together with other relevant performance measures, and shall make the information available to the public. (c) The reporting requirements of subdivisions (a) and (b) are not applicable to the Department of Forestry and Fire Protection. (Amended by Stats. 2013, Ch. 356, Sec. 4. (SB 96) Effective September 26, 2013.)
  49. 930.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 5. Claims Procedures Established by Agreement [930 - 930.6] ( Chapter 5 added by Stats. 1963, Ch. 1715. )

    Verify source ↗

    A state agency may put claim-handling terms into a written agreement it signs.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 5. Claims Procedures Established by Agreement [930 - 930.6] ( Chapter 5 added by Stats. 1963, Ch. 1715. ) ## 930. (a) Any state agency may include in any written agreement to which the agency is a party, provisions governing the following: (1) The presentation, by or on behalf of any party thereto, of any or all claims that are required to be presented to the board arising out of or related to the agreement. (2) The consideration and payment of the claims described in paragraph (1). (b) As used in this section, “state agency” means any office, officer, department, division, bureau, board, commission or agency of the state, claims against which are paid by warrants drawn by the Controller. (Amended by Stats. 1994, Ch. 726, Sec. 3. Effective September 22, 1994.)
  50. 930.2.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 5. Claims Procedures Established by Agreement [930 - 930.6] ( Chapter 5 added by Stats. 1963, Ch. 1715. )

    Verify source ↗

    A local public entity’s governing body may put claim-handling terms into a written agreement and may incorporate by reference claim provisions from a specifically identified ordinance or resolution.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 5. Claims Procedures Established by Agreement [930 - 930.6] ( Chapter 5 added by Stats. 1963, Ch. 1715. ) ## 930.2. The governing body of a local public entity may include in any written agreement to which the entity, its governing body, or any board or employee thereof in an official capacity is a party, provisions governing the presentation, by or on behalf of any party thereto, of any or all claims arising out of or related to the agreement and the consideration and payment of such claims. The written agreement may incorporate by reference claim provisions set forth in a specifically identified ordinance or resolution theretofore adopted by the governing body. (Amended by Stats. 1965, Ch. 653.)
  51. 930.4.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 5. Claims Procedures Established by Agreement [930 - 930.6] ( Chapter 5 added by Stats. 1963, Ch. 1715. )

    Verify source ↗

    An agreed claims procedure generally controls the claims it covers, but if it requires presentation in under one year, a late claimant may apply to the public entity for leave to present the claim.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 5. Claims Procedures Established by Agreement [930 - 930.6] ( Chapter 5 added by Stats. 1963, Ch. 1715. ) ## 930.4. A claims procedure established by agreement made pursuant to Section 930 or Section 930.2 exclusively governs the claims to which it relates, except that if the procedure so prescribed requires a claim to be presented within a period of less than one year after the accrual of the cause of action and such claim is not presented within the required time, an application may be made to the public entity for leave to present such claim. Subdivision (b) of Section 911.4, Sections 911.6 to 912.2, inclusive, and Section 946.6 are applicable to all such claims, and the time specified in the agreement shall be deemed the “time specified in Section 911.2” within the meaning of Sections 911.6 and 946.6. (Added by Stats. 1965, Ch. 653.)
  52. 930.6.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 5. Claims Procedures Established by Agreement [930 - 930.6] ( Chapter 5 added by Stats. 1963, Ch. 1715. )

    Verify source ↗

    An agreed claims procedure may require a claim to be presented and acted on before suit can be filed.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 5. Claims Procedures Established by Agreement [930 - 930.6] ( Chapter 5 added by Stats. 1963, Ch. 1715. ) ## 930.6. A claims procedure established by agreement made pursuant to Section 930 or Section 930.2 may include a requirement that a claim be presented and acted upon as a prerequisite to suit thereon. If such requirement is included, any action brought against the public entity on the claim shall be subject to the provisions of Section 945.6 and Section 946. (Added by Stats. 1965, Ch. 653.)
  53. 93000.

    ## Government Code - GOV ## TITLE 12. GREAT REDWOOD TRAIL AGENCY ACT [93000 - 93030] ( Heading of Title 12 amended by Stats. 2021, Ch. 423, Sec. 2. ) ## CHAPTER 1. General Provisions [93000 - 93006] ( Chapter 1 added by Stats. 1989, Ch. 1085, Sec. 1. )

    Verify source ↗

    This section says the title may be cited as the Great Redwood Trail Agency Act and becomes operative on March 1, 2022.

    ## Government Code - GOV ## TITLE 12. GREAT REDWOOD TRAIL AGENCY ACT [93000 - 93030] ( Heading of Title 12 amended by Stats. 2021, Ch. 423, Sec. 2. ) ## CHAPTER 1. General Provisions [93000 - 93006] ( Chapter 1 added by Stats. 1989, Ch. 1085, Sec. 1. ) ## 93000. (a) This title shall be known and may be cited as the Great Redwood Trail Agency Act. (b) This section shall become operative on March 1, 2022. (Repealed (in Sec. 3) and added by Stats. 2021, Ch. 423, Sec. 4. (SB 69) Effective January 1, 2022. Operative March 1, 2022, by its own provisions.)
  54. 93004.

    ## Government Code - GOV ## TITLE 12. GREAT REDWOOD TRAIL AGENCY ACT [93000 - 93030] ( Heading of Title 12 amended by Stats. 2021, Ch. 423, Sec. 2. ) ## CHAPTER 1. General Provisions [93000 - 93006] ( Chapter 1 added by Stats. 1989, Ch. 1085, Sec. 1. )

    Verify source ↗

    This section defines key terms used in the title: “Agency,” “Board” or “board of directors,” and “Dividing line.”

    ## Government Code - GOV ## TITLE 12. GREAT REDWOOD TRAIL AGENCY ACT [93000 - 93030] ( Heading of Title 12 amended by Stats. 2021, Ch. 423, Sec. 2. ) ## CHAPTER 1. General Provisions [93000 - 93006] ( Chapter 1 added by Stats. 1989, Ch. 1085, Sec. 1. ) ## 93004. For purposes of this title, the following definitions apply: (a) “Agency” means the Great Redwood Trail Agency. (b) “Board” or “board of directors” means the board of directors of the agency appointed pursuant to Section 93011. (c) “Dividing line” means the county line separating the Counties of Mendocino and Sonoma at or near mile post 89. (Amended by Stats. 2025, Ch. 424, Sec. 1. (SB 727) Effective January 1, 2026.)
  55. 93004.5.

    ## Government Code - GOV ## TITLE 12. GREAT REDWOOD TRAIL AGENCY ACT [93000 - 93030] ( Heading of Title 12 amended by Stats. 2021, Ch. 423, Sec. 2. ) ## CHAPTER 1. General Provisions [93000 - 93006] ( Chapter 1 added by Stats. 1989, Ch. 1085, Sec. 1. )

    Verify source ↗

    The agency is treated as a subdivision of the state.

    ## Government Code - GOV ## TITLE 12. GREAT REDWOOD TRAIL AGENCY ACT [93000 - 93030] ( Heading of Title 12 amended by Stats. 2021, Ch. 423, Sec. 2. ) ## CHAPTER 1. General Provisions [93000 - 93006] ( Chapter 1 added by Stats. 1989, Ch. 1085, Sec. 1. ) ## 93004.5. The agency is a subdivision of the state. (Added by Stats. 2025, Ch. 424, Sec. 2. (SB 727) Effective January 1, 2026.)
  56. 93005.

    ## Government Code - GOV ## TITLE 12. GREAT REDWOOD TRAIL AGENCY ACT [93000 - 93030] ( Heading of Title 12 amended by Stats. 2021, Ch. 423, Sec. 2. ) ## CHAPTER 1. General Provisions [93000 - 93006] ( Chapter 1 added by Stats. 1989, Ch. 1085, Sec. 1. )

    Verify source ↗

    The agency is treated as a local agency for purposes of the Disaster Assistance Act, and this section becomes operative on March 1, 2022.

    ## Government Code - GOV ## TITLE 12. GREAT REDWOOD TRAIL AGENCY ACT [93000 - 93030] ( Heading of Title 12 amended by Stats. 2021, Ch. 423, Sec. 2. ) ## CHAPTER 1. General Provisions [93000 - 93006] ( Chapter 1 added by Stats. 1989, Ch. 1085, Sec. 1. ) ## 93005. (a) The agency is a local agency for purposes of the Disaster Assistance Act (Chapter 7.5 (commencing with Section 8680) of Division 1 of Title 2). (b) This section shall become operative on March 1, 2022. (Repealed (in Sec. 8) and added by Stats. 2021, Ch. 423, Sec. 9. (SB 69) Effective January 1, 2022. Operative March 1, 2022, by its own provisions.)
  57. 93006.

    ## Government Code - GOV ## TITLE 12. GREAT REDWOOD TRAIL AGENCY ACT [93000 - 93030] ( Heading of Title 12 amended by Stats. 2021, Ch. 423, Sec. 2. ) ## CHAPTER 1. General Provisions [93000 - 93006] ( Chapter 1 added by Stats. 1989, Ch. 1085, Sec. 1. )

    Verify source ↗

    State money may not be used for certain rail service or coal terminal projects covered by this section, with narrow exceptions for trail design or construction and railbanking requirements.

    ## Government Code - GOV ## TITLE 12. GREAT REDWOOD TRAIL AGENCY ACT [93000 - 93030] ( Heading of Title 12 amended by Stats. 2021, Ch. 423, Sec. 2. ) ## CHAPTER 1. General Provisions [93000 - 93006] ( Chapter 1 added by Stats. 1989, Ch. 1085, Sec. 1. ) ## 93006. (a) State moneys shall not be used to initiate or operate rail service on the North Coast Railroad Authority’s, the Great Redwood Trail Agency’s, or any successor in interest’s rail rights-of-way north of the City of Willits or for a project that is designed to rehabilitate, modernize, maintain, or repair an existing operation or facility, including a rail terminal, a railyard, a rail facility, and rail infrastructure, except for trail design or construction or to satisfy railbanking requirements, on the North Coast Railroad Authority’s, the Great Redwood Trail Agency’s, or any successor in interest’s rail rights-of-way north of the City of Willits. (b) State moneys, including proceeds from the sale of general obligation bonds, shall not be spent for any new bulk coal terminal projects within the County of Humboldt. (c) For purposes of this section, “new bulk coal terminal” means a terminal that stores, handles, or transports coal in bulk to a degree or significance that is categorized as having the potential for significant impacts in an environmental document prepared pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) as a result of the storage, handling, or transportation of coal in bulk. (Added by Stats. 2022, Ch. 981, Sec. 1. (SB 307) Effective January 1, 2023.)
  58. 93010.

    ## Government Code - GOV ## TITLE 12. GREAT REDWOOD TRAIL AGENCY ACT [93000 - 93030] ( Heading of Title 12 amended by Stats. 2021, Ch. 423, Sec. 2. ) ## CHAPTER 2. Creation of Authority [93010 - 93011] ( Chapter 2 added by Stats. 1989, Ch. 1085, Sec. 1. )

    Verify source ↗

    The North Coast Railroad Authority is created, renamed the Great Redwood Trail Agency on March 1, 2022, and the old name must mean the new agency in laws.

    ## Government Code - GOV ## TITLE 12. GREAT REDWOOD TRAIL AGENCY ACT [93000 - 93030] ( Heading of Title 12 amended by Stats. 2021, Ch. 423, Sec. 2. ) ## CHAPTER 2. Creation of Authority [93010 - 93011] ( Chapter 2 added by Stats. 1989, Ch. 1085, Sec. 1. ) ## 93010. (a) The North Coast Railroad Authority is hereby created, having a service area comprising the Counties of Humboldt, Marin, Mendocino, Sonoma, and Trinity. (b) On March 1, 2022, the North Coast Railroad Authority shall be renamed the Great Redwood Trail Agency. (c) Whenever the term “North Coast Railroad Authority” appears in a law, the term means the “Great Redwood Trail Agency.” (d) Existing supplies, forms, insignias, signs, logos, uniforms, emblems, and other materials shall not be destroyed or changed as a result of renaming the North Coast Railroad Authority as the Great Redwood Trail Agency, and those materials shall continue to be used until exhausted or unserviceable. (Amended by Stats. 2021, Ch. 423, Sec. 10. (SB 69) Effective January 1, 2022.)
  59. 93011.

    ## Government Code - GOV ## TITLE 12. GREAT REDWOOD TRAIL AGENCY ACT [93000 - 93030] ( Heading of Title 12 amended by Stats. 2021, Ch. 423, Sec. 2. ) ## CHAPTER 2. Creation of Authority [93010 - 93011] ( Chapter 2 added by Stats. 1989, Ch. 1085, Sec. 1. )

    Verify source ↗

    The agency must be governed by a board of directors, with specified appointing and selection rules for directors.

    ## Government Code - GOV ## TITLE 12. GREAT REDWOOD TRAIL AGENCY ACT [93000 - 93030] ( Heading of Title 12 amended by Stats. 2021, Ch. 423, Sec. 2. ) ## CHAPTER 2. Creation of Authority [93010 - 93011] ( Chapter 2 added by Stats. 1989, Ch. 1085, Sec. 1. ) ## 93011. (a) The agency shall be governed by a board of directors, composed as follows: (1) Two persons appointed by each of the boards of supervisors of the Counties of Humboldt, Marin, Mendocino, and Sonoma. (2) A city representative, selected by the cities served by the rail line. The representative shall be selected by the cities through a process adopted by a resolution of the board. (3) The Governor may appoint a nonvoting director from the Transportation Agency and a nonvoting director from the Natural Resources Agency. (b) All directors, except the nonvoting directors, shall serve for terms of two years and until their successors have qualified. (c) (1) Notwithstanding any other law, including the common law doctrine that precludes the simultaneous holding of incompatible offices, a local government officer or a member of a state commission may be appointed and may serve as a member of the agency’s board of directors if the person also meets the other applicable qualifications of this title. (2) Notwithstanding any other law, including the common law doctrine that precludes the simultaneous holding of incompatible offices, a member of the agency’s board of directors may also serve as a local government officer or a member of a state commission. (Amended by Stats. 2025, Ch. 424, Sec. 3. (SB 727) Effective January 1, 2026.)
  60. 93020.

    ## Government Code - GOV ## TITLE 12. GREAT REDWOOD TRAIL AGENCY ACT [93000 - 93030] ( Heading of Title 12 amended by Stats. 2021, Ch. 423, Sec. 2. ) ## CHAPTER 3. Powers and Duties of Authority [93020 - 93029] ( Chapter 3 added by Stats. 1989, Ch. 1085, Sec. 1. )

    Verify source ↗

    The agency may acquire and lease property, operate railroads, accept grants or loans, and hire staff and consultants. It must cooperate with listed agencies and provide information on request.

    ## Government Code - GOV ## TITLE 12. GREAT REDWOOD TRAIL AGENCY ACT [93000 - 93030] ( Heading of Title 12 amended by Stats. 2021, Ch. 423, Sec. 2. ) ## CHAPTER 3. Powers and Duties of Authority [93020 - 93029] ( Chapter 3 added by Stats. 1989, Ch. 1085, Sec. 1. ) ## 93020. (a) The agency has all of the following powers: (1) To acquire, own, operate, and lease real and personal property reasonably related to the furtherance of the purposes of this title. (2) To operate railroads. (3) To accept grants or loans from state or federal agencies. (4) To employ an executive officer, other staff, and consultants deemed appropriate for support of the activities of the agency, to further the purposes of this title. (b) The agency shall cooperate with, and provide information upon request to, the Transportation Agency, Natural Resources Agency, or other state or local agencies or contractors working at the direction of the Transportation Agency or Natural Resources Agency. (c) This section shall become operative on March 1, 2022. (Repealed (in Sec. 14) and added by Stats. 2021, Ch. 423, Sec. 15. (SB 69) Effective January 1, 2022. Operative March 1, 2022, by its own provisions.)
  61. 93021.

    ## Government Code - GOV ## TITLE 12. GREAT REDWOOD TRAIL AGENCY ACT [93000 - 93030] ( Heading of Title 12 amended by Stats. 2021, Ch. 423, Sec. 2. ) ## CHAPTER 3. Powers and Duties of Authority [93020 - 93029] ( Chapter 3 added by Stats. 1989, Ch. 1085, Sec. 1. )

    Verify source ↗

    The agency may acquire, own, lease, and operate railroad lines and related property to carry out this title. Certain agency-owned tracks and ties kept in a railbanked right-of-way are not treated as waste if the stated railbanking or federal jurisdiction conditions are met.

    ## Government Code - GOV ## TITLE 12. GREAT REDWOOD TRAIL AGENCY ACT [93000 - 93030] ( Heading of Title 12 amended by Stats. 2021, Ch. 423, Sec. 2. ) ## CHAPTER 3. Powers and Duties of Authority [93020 - 93029] ( Chapter 3 added by Stats. 1989, Ch. 1085, Sec. 1. ) ## 93021. (a) The agency may acquire, own, lease, and operate railroad lines and equipment, including, but not limited to, real and personal property, tracks, rights-of-way, equipment, and facilities, to further the purposes of this title. (b) Any railroad track and tie owned by the agency that remains in place within a right-of-way railbanked pursuant to Section 93022 shall not be deemed “waste” for purposes of Section 25124 of the Health and Safety Code if the right-of-way remains railbanked or is otherwise within the ongoing jurisdiction of the federal Surface Transportation Board or successor agency. (Amended by Stats. 2025, Ch. 424, Sec. 4. (SB 727) Effective January 1, 2026.)
  62. 93022.

    ## Government Code - GOV ## TITLE 12. GREAT REDWOOD TRAIL AGENCY ACT [93000 - 93030] ( Heading of Title 12 amended by Stats. 2021, Ch. 423, Sec. 2. ) ## CHAPTER 3. Powers and Duties of Authority [93020 - 93029] ( Chapter 3 added by Stats. 1989, Ch. 1085, Sec. 1. )

    Verify source ↗

    The agency must carry out specified rail-rights-of-way planning, reporting, community engagement, and related trail-development tasks when funding is available.

    ## Government Code - GOV ## TITLE 12. GREAT REDWOOD TRAIL AGENCY ACT [93000 - 93030] ( Heading of Title 12 amended by Stats. 2021, Ch. 423, Sec. 2. ) ## CHAPTER 3. Powers and Duties of Authority [93020 - 93029] ( Chapter 3 added by Stats. 1989, Ch. 1085, Sec. 1. ) ## 93022. (a) To the extent funding is available, the agency shall do all of the following: (1) Initiate, complete, or initiate and complete the federal Surface Transportation Board’s railbanking process on its rail rights-of-way. The federal Surface Transportation Board’s railbanking process may be initiated, completed, or initiated and completed by segment of the rail rights-of-way. (2) Inventory any parcel, easement, or contract related to its rail rights-of-way. (3) Complete an environmental assessment of the conditions of the rail rights-of-way for purposes of trail development. (4) Plan, design, construct, operate, and maintain a trail in, or parallel to, the rail rights-of-way. (5) Conduct a thorough community engagement process that includes landowners, trail advocates, environmental groups, and the community at large. Items to be discussed during this process include, but are not limited to, trail configurations in, and parallel to, the rail rights-of-way, including those on public lands, connecting the trail to other trails, and rail-crossing access and fees. (6) Honor existing trail licenses and work with local and state governments, tribal governments, and community groups to expeditiously provide new trail license agreements that meet the goal of this title. (7) Use the services of the California Conservation Corps or certified community conservation corps, as defined in Section 14507.5 of the Public Resources Code, wherever feasible, for projects related to trails, environmental enhancements, and restoration, and other improvement projects. (8) Use the services of conservation organizations, wherever feasible, for projects related to trails, fishing access, fish passage barrier restoration, and other environmental enhancement, restoration, and improvement projects. (9) Prepare and implement a master plan for the rail rights-of-way, including any environmental analysis required pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). (10) Before January 1, 2024, and annually thereafter, submit a report to the Legislature, in compliance with Section 9795, describing the agency’s progress towards fulfilling the requirements and goals relating to the rail rights-of-way. (b) To the extent funding is available, the agency may do any of the following: (1) Contract with public and private entities for trail management. (2) Contract with an operator to operate excursion rail service, except that the excursion rail service shall not interfere with or harm the rail rights-of-way. The operator shall pay all expenses associated with rail construction, maintenance, and operation, including equipment, track safety, bridges, trestles, and pedestrian safety applicable to the excursion rail service. (3) Work with landowners, fishing organizations, and others to locate and provide fishing and river access along the rail rights-of-way and to discourage and prevent trespassing on private property. (c) This section shall become operative on March 1, 2022. (Repealed and added by Stats. 2021, Ch. 423, Sec. 19. (SB 69) Effective January 1, 2022. Operative March 1, 2022, by its own provisions.)
  63. 93023.

    ## Government Code - GOV ## TITLE 12. GREAT REDWOOD TRAIL AGENCY ACT [93000 - 93030] ( Heading of Title 12 amended by Stats. 2021, Ch. 423, Sec. 2. ) ## CHAPTER 3. Powers and Duties of Authority [93020 - 93029] ( Chapter 3 added by Stats. 1989, Ch. 1085, Sec. 1. )

    Verify source ↗

    The agency is generally exempt from Article 5 (starting with Section 53090), except when developing projects on properties it does not own or directly control.

    ## Government Code - GOV ## TITLE 12. GREAT REDWOOD TRAIL AGENCY ACT [93000 - 93030] ( Heading of Title 12 amended by Stats. 2021, Ch. 423, Sec. 2. ) ## CHAPTER 3. Powers and Duties of Authority [93020 - 93029] ( Chapter 3 added by Stats. 1989, Ch. 1085, Sec. 1. ) ## 93023. Article 5 (commencing with Section 53090) of Chapter 1 of Part 1 of Division 2 of Title 5 shall not apply to the agency, except with respect to the development of any projects on properties that are not owned or directly controlled by the agency. (Added by Stats. 2025, Ch. 424, Sec. 5. (SB 727) Effective January 1, 2026.)
  64. 93024.

    ## Government Code - GOV ## TITLE 12. GREAT REDWOOD TRAIL AGENCY ACT [93000 - 93030] ( Heading of Title 12 amended by Stats. 2021, Ch. 423, Sec. 2. ) ## CHAPTER 3. Powers and Duties of Authority [93020 - 93029] ( Chapter 3 added by Stats. 1989, Ch. 1085, Sec. 1. )

    Verify source ↗

    The agency has broad power to act as needed to carry out this title, including making contracts, setting certain fees, managing property, issuing grants, adopting rules, and hiring staff.

    ## Government Code - GOV ## TITLE 12. GREAT REDWOOD TRAIL AGENCY ACT [93000 - 93030] ( Heading of Title 12 amended by Stats. 2021, Ch. 423, Sec. 2. ) ## CHAPTER 3. Powers and Duties of Authority [93020 - 93029] ( Chapter 3 added by Stats. 1989, Ch. 1085, Sec. 1. ) ## 93024. The agency shall have and may exercise all rights and powers, expressed or implied, necessary to carry out the purposes and intent of this title, including, but not limited to, all of the following: (a) To enter into and perform all necessary contracts. Any public works contract, as defined in Section 1101 of the Public Contract Code, shall be let pursuant to Section 93029. (b) To fix and collect fees for the use of any land owned or controlled, or for any service provided, by the agency. This subdivision does not authorize the agency to fix or collect a fee for public access to the land owned or controlled by the agency. (c) To make grants. (d) To acquire any real or personal property within or outside the agency, to hold, manage, occupy, dispose of, convey and encumber the property, and to create a leasehold interest in the property for the benefit of the agency. (e) To lease, rent, sell, exchange, or transfer interests in real property if doing so is both consistent with the potential full restoration of railroad use upon an order of the federal Surface Transportation Board without cost to the agency, and would not interfere with the continuous use of the rail rights-of-way pursuant to trail standards recommended by the American Association of State Highway and Transportation Officials. (f) To undertake or fund projects and programs implementing this title or relating to the rail rights-of-way. (g) To provide for the management of the rail rights-of-way. (h) To apply for and accept grants, gifts, donations of money and property, subventions, rents, royalties, or other assistance from public or private sources. (i) To recruit and coordinate volunteers and experts to conduct interpretive and recreational programs, and to assist with construction projects and the maintenance of facilities. (j) To enter into contracts and joint powers agreements pursuant to the Joint Exercise of Powers Act (Chapter 5 (commencing with Section 6500) of Division 7 of Title 1). (k) To sue and be sued. (l) To contract with the State Coastal Conservancy, a state agency, or another organization to staff the agency. A state agency may contract with, and provide services to, the agency consistent with Section 11256. Upon a state agency contracting with the agency, the state agency may contract for professional services on behalf of the agency pursuant to Section 4526 and the state agency’s regulations. (m) To receive funds from the State Coastal Conservancy or any other state agency as may be appropriated by the Legislature. (n) To hire and appoint necessary employees, to define their qualifications and duties, and to provide a schedule of compensation for performance of their duties. (o) To engage counsel and other professional services. (p) To borrow money, give security therefor, and purchase on contract. (q) To adopt a seal and alter it at pleasure. (r) To adopt ordinances following the procedures of Article 7 (commencing with Section 25120) of Chapter 1 of Part 2 of Division 2 of Title 3. (s) To adopt and enforce rules and regulations for the administration, operation, use, and maintenance of trails, excursion rail service, and other recreational facilities and programs implemented pursuant to this title. (t) To contract with state law enforcement agencies, or local law enforcement agencies of jurisdictions within the service area of the agency, to enforce the adopted rules, regulations, and ordinances of the agency. (u) To provide insurance pursuant to Part 6 (commencing with Section 989) of Division 3.6 of Title 1. (Amended by Stats. 2025, Ch. 424, Sec. 6. (SB 727) Effective January 1, 2026.)
  65. 93024.5.

    ## Government Code - GOV ## TITLE 12. GREAT REDWOOD TRAIL AGENCY ACT [93000 - 93030] ( Heading of Title 12 amended by Stats. 2021, Ch. 423, Sec. 2. ) ## CHAPTER 3. Powers and Duties of Authority [93020 - 93029] ( Chapter 3 added by Stats. 1989, Ch. 1085, Sec. 1. )

    Verify source ↗

    Certain third-party uses of agency trail property are treated as the agency’s own use under Section 54221.

    ## Government Code - GOV ## TITLE 12. GREAT REDWOOD TRAIL AGENCY ACT [93000 - 93030] ( Heading of Title 12 amended by Stats. 2021, Ch. 423, Sec. 2. ) ## CHAPTER 3. Powers and Duties of Authority [93020 - 93029] ( Chapter 3 added by Stats. 1989, Ch. 1085, Sec. 1. ) ## 93024.5. Notwithstanding subparagraph (A) of paragraph (2) of subdivision (c) of Section 54221, the use of agency real property by third parties via lease, license agreement, or concession agreement for uses ancillary to the operation or maintenance of a trail pursuant to paragraph (4) of subdivision (a) of Section 93022, as consistent with a master plan adopted pursuant to paragraph (9) of subdivision (a) of Section 93022, such as the operation of campgrounds, parking facilities, sale or rental of recreational supplies or services, food or beverage service, storage, or educational or cultural purposes, shall be deemed an “agency’s use” for purposes of Section 54221, regardless of whether such use is commercial in nature. (Added by Stats. 2025, Ch. 424, Sec. 7. (SB 727) Effective January 1, 2026.)
  66. 93025.

    ## Government Code - GOV ## TITLE 12. GREAT REDWOOD TRAIL AGENCY ACT [93000 - 93030] ( Heading of Title 12 amended by Stats. 2021, Ch. 423, Sec. 2. ) ## CHAPTER 3. Powers and Duties of Authority [93020 - 93029] ( Chapter 3 added by Stats. 1989, Ch. 1085, Sec. 1. )

    Verify source ↗

    The state is not liable for contracts, debts, or other obligations of the North Coast Railroad Authority, its predecessor, or the agency.

    ## Government Code - GOV ## TITLE 12. GREAT REDWOOD TRAIL AGENCY ACT [93000 - 93030] ( Heading of Title 12 amended by Stats. 2021, Ch. 423, Sec. 2. ) ## CHAPTER 3. Powers and Duties of Authority [93020 - 93029] ( Chapter 3 added by Stats. 1989, Ch. 1085, Sec. 1. ) ## 93025. Notwithstanding Section 93004.5, the state is not liable for any contracts, debts, or other obligations of the North Coast Railroad Authority, its predecessor in interest, or the agency. (Amended by Stats. 2025, Ch. 424, Sec. 8. (SB 727) Effective January 1, 2026.)
  67. 93026.

    ## Government Code - GOV ## TITLE 12. GREAT REDWOOD TRAIL AGENCY ACT [93000 - 93030] ( Heading of Title 12 amended by Stats. 2021, Ch. 423, Sec. 2. ) ## CHAPTER 3. Powers and Duties of Authority [93020 - 93029] ( Chapter 3 added by Stats. 1989, Ch. 1085, Sec. 1. )

    Verify source ↗

    The agency must follow the Brown Act and the California Public Records Act.

    ## Government Code - GOV ## TITLE 12. GREAT REDWOOD TRAIL AGENCY ACT [93000 - 93030] ( Heading of Title 12 amended by Stats. 2021, Ch. 423, Sec. 2. ) ## CHAPTER 3. Powers and Duties of Authority [93020 - 93029] ( Chapter 3 added by Stats. 1989, Ch. 1085, Sec. 1. ) ## 93026. (a) The agency shall be subject to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5) and the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1). (b) This section shall become operative on March 1, 2022. (Amended by Stats. 2022, Ch. 28, Sec. 78. (SB 1380) Effective January 1, 2023.)
  68. 93027.

    ## Government Code - GOV ## TITLE 12. GREAT REDWOOD TRAIL AGENCY ACT [93000 - 93030] ( Heading of Title 12 amended by Stats. 2021, Ch. 423, Sec. 2. ) ## CHAPTER 3. Powers and Duties of Authority [93020 - 93029] ( Chapter 3 added by Stats. 1989, Ch. 1085, Sec. 1. )

    Verify source ↗

    The agency must hire or contract for professional staff needed to carry out the title by July 1, 2022.

    ## Government Code - GOV ## TITLE 12. GREAT REDWOOD TRAIL AGENCY ACT [93000 - 93030] ( Heading of Title 12 amended by Stats. 2021, Ch. 423, Sec. 2. ) ## CHAPTER 3. Powers and Duties of Authority [93020 - 93029] ( Chapter 3 added by Stats. 1989, Ch. 1085, Sec. 1. ) ## 93027. On or before July 1, 2022, the agency shall hire or contract for professional staff necessary to fulfill the requirements of this title, including by exercising its authority pursuant to subdivision (l) of Section 93024. This subdivision does not limit the authority granted elsewhere in this title. (Amended by Stats. 2025, Ch. 424, Sec. 9. (SB 727) Effective January 1, 2026.)
  69. 93028.

    ## Government Code - GOV ## TITLE 12. GREAT REDWOOD TRAIL AGENCY ACT [93000 - 93030] ( Heading of Title 12 amended by Stats. 2021, Ch. 423, Sec. 2. ) ## CHAPTER 3. Powers and Duties of Authority [93020 - 93029] ( Chapter 3 added by Stats. 1989, Ch. 1085, Sec. 1. )

    Verify source ↗

    The board must adopt an annual budget, limit post-adoption budget increases unless a two-thirds vote approves them, keep funding sources equal to financing uses, and ensure regular audits and GAAP-based accounting reports.

    ## Government Code - GOV ## TITLE 12. GREAT REDWOOD TRAIL AGENCY ACT [93000 - 93030] ( Heading of Title 12 amended by Stats. 2021, Ch. 423, Sec. 2. ) ## CHAPTER 3. Powers and Duties of Authority [93020 - 93029] ( Chapter 3 added by Stats. 1989, Ch. 1085, Sec. 1. ) ## 93028. (a) At the direction of the board, the executive director shall submit a recommended budget to the board on or before June 30 of each year. The board shall adopt an annual budget by a resolution adopted by a majority of the board of directors. (b) The board shall not make any increase or addition to the annual budget after it adopts the budget pursuant to subdivision (a) unless that action is approved by a resolution adopted by at least two-thirds of the board members. (c) In the recommended and adopted budgets, and in any revisions to the adopted budget, the funding sources shall equal the financing uses. (d) The board shall provide for regular audits of the agency’s accounts and records and shall maintain accounting records and report accounting transactions in accordance with generally accepted accounting principles adopted by the Government Accounting Standards Board of the Financial Accounting Foundation for public reporting purposes. (Added by Stats. 2025, Ch. 424, Sec. 10. (SB 727) Effective January 1, 2026.)
  70. 93029.

    ## Government Code - GOV ## TITLE 12. GREAT REDWOOD TRAIL AGENCY ACT [93000 - 93030] ( Heading of Title 12 amended by Stats. 2021, Ch. 423, Sec. 2. ) ## CHAPTER 3. Powers and Duties of Authority [93020 - 93029] ( Chapter 3 added by Stats. 1989, Ch. 1085, Sec. 1. )

    Verify source ↗

    This section defines “work” and sets when agency work can be done in-house, when higher-cost outside work must go out to contract with competitive bidding, and when the board may use force account or other emergency procedures.

    ## Government Code - GOV ## TITLE 12. GREAT REDWOOD TRAIL AGENCY ACT [93000 - 93030] ( Heading of Title 12 amended by Stats. 2021, Ch. 423, Sec. 2. ) ## CHAPTER 3. Powers and Duties of Authority [93020 - 93029] ( Chapter 3 added by Stats. 1989, Ch. 1085, Sec. 1. ) ## 93029. (a) For purposes of this section, “work” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. (b) For any work done by agency personnel, the estimated cost of the work shall not exceed an amount equal to the threshold set forth in subdivision (b) of Section 22032 of the Public Contract Code, except under the following circumstances: (1) The work consists of environmental preservation or habitat management. (2) The work consists of maintenance work as defined in Section 22002 of the Public Contract Code. (3) The work consists of emergency work. (c) With the approval of the board, and in accordance with a board policy that has been adopted in an open meeting, any work not performed by agency personnel and estimated by the engineer to cost in excess of an amount equal to the threshold set forth in subdivision (b) of Section 22032 of the Public Contract Code shall be done by contract and shall comply with the following formal competitive bidding process: (1) All contracts shall be let to the lowest responsible bidder or bidders in the manner provided in this section. The board shall first determine whether the contract shall be let as a single unit for the whole of the work, or shall be divided into severable parts, or both, according to the best interests of the agency. (2) The board shall call for bids and advertise the call by posting the notice on applicable internet websites, as appropriate, or by three insertions in a daily newspaper of general circulation or by two insertions in a weekly newspaper of general circulation printed and published within the service area of the agency inviting sealed proposals for the construction or performance of the work before any contract is made. The call for bids shall state whether the work is to be performed as a unit for the whole of the work, or shall be divided into severable specific parts, or both, as stated in the call. The board may let the work by single contract or it may divide the work into severable parts by separate contracts, as stated in the call, according to the best interests of the agency. (3) The board shall require the successful bidder or bidders to file with the board good and sufficient bonds to be approved by the board conditioned upon the faithful performance of the contract and upon the payment of their claims for labor and material, the bonds to contain the terms and conditions set forth in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code and to be subject to that title. (4) The board may reject any bid. If all proposals are rejected or no proposals are received pursuant to advertisement, or the work consists of maintenance work, environmental preservation or habitat management, or emergency work, the board may, without advertising for bids, have the work done by force account. (d) In case of an emergency, if notice for bids to let contracts for work will not be given, the board shall comply with Chapter 2.5 (commencing with Section 22050) of Part 3 of Division 2 of the Public Contract Code. (Added by Stats. 2025, Ch. 424, Sec. 11. (SB 727) Effective January 1, 2026.)
  71. 93030.

    ## Government Code - GOV ## TITLE 12. GREAT REDWOOD TRAIL AGENCY ACT [93000 - 93030] ( Heading of Title 12 amended by Stats. 2021, Ch. 423, Sec. 2. ) ## CHAPTER 4. Transfer of Rights, Privileges, and Title [93030- 93030.] ( Chapter 4 added by Stats. 2021, Ch. 423, Sec. 24. )

    Verify source ↗

    The agency must transfer specified rail-related rights and property to the Sonoma-Marin Area Rail Transit District, and the district must keep those common carrier rights and obligations permanently.

    ## Government Code - GOV ## TITLE 12. GREAT REDWOOD TRAIL AGENCY ACT [93000 - 93030] ( Heading of Title 12 amended by Stats. 2021, Ch. 423, Sec. 2. ) ## CHAPTER 4. Transfer of Rights, Privileges, and Title [93030- 93030.] ( Chapter 4 added by Stats. 2021, Ch. 423, Sec. 24. ) ## 93030. (a) The agency shall convey and transfer all of its rights, interests, privileges, and title, lien free, relating to its rail right-of-way south of the dividing line, including any associated real property, rail easements, branch or spur lines, leases, contracts, licenses and certificates of public convenience and necessity, common carrier obligations held by the agency, or an associated freight operator, and railroad assets the agency owns to the Sonoma-Marin Area Rail Transit District created pursuant to Section 105010 of the Public Utilities Code. (b) The Sonoma-Marin Area Rail Transit District shall retain and maintain, in perpetuity, all common carrier rights and obligations received from the agency. (c) This section shall become operative on March 1, 2022. (Repealed and added by Stats. 2021, Ch. 423, Sec. 24. (SB 69) Effective January 1, 2022. Operative March 1, 2022, by its own provisions.)
  72. 93100.

    ## Government Code - GOV ## TITLE 12.3. SISKIYOU RAILROAD AUTHORITY [93100 - 93110] ( Title 12.3 added by Stats. 1994, Ch. 132, Sec. 1. )

    Verify source ↗

    This title may be cited as the Siskiyou Railroad Authority Act.

    ## Government Code - GOV ## TITLE 12.3. SISKIYOU RAILROAD AUTHORITY [93100 - 93110] ( Title 12.3 added by Stats. 1994, Ch. 132, Sec. 1. ) ## 93100. This title shall be known and may be cited as the Siskiyou Railroad Authority Act. (Added by Stats. 1994, Ch. 132, Sec. 1. Effective January 1, 1995.)
  73. 93102.

    ## Government Code - GOV ## TITLE 12.3. SISKIYOU RAILROAD AUTHORITY [93100 - 93110] ( Title 12.3 added by Stats. 1994, Ch. 132, Sec. 1. )

    Verify source ↗

    In this title, “authority” means the Siskiyou Railroad Authority.

    ## Government Code - GOV ## TITLE 12.3. SISKIYOU RAILROAD AUTHORITY [93100 - 93110] ( Title 12.3 added by Stats. 1994, Ch. 132, Sec. 1. ) ## 93102. As used in this title, “authority” means the Siskiyou Railroad Authority. (Added by Stats. 1994, Ch. 132, Sec. 1. Effective January 1, 1995.)
  74. 93103.

    ## Government Code - GOV ## TITLE 12.3. SISKIYOU RAILROAD AUTHORITY [93100 - 93110] ( Title 12.3 added by Stats. 1994, Ch. 132, Sec. 1. )

    Verify source ↗

    The authority is created within the County of Siskiyou.

    ## Government Code - GOV ## TITLE 12.3. SISKIYOU RAILROAD AUTHORITY [93100 - 93110] ( Title 12.3 added by Stats. 1994, Ch. 132, Sec. 1. ) ## 93103. The authority is hereby created within the County of Siskiyou. (Added by Stats. 1994, Ch. 132, Sec. 1. Effective January 1, 1995.)
  75. 93104.

    ## Government Code - GOV ## TITLE 12.3. SISKIYOU RAILROAD AUTHORITY [93100 - 93110] ( Title 12.3 added by Stats. 1994, Ch. 132, Sec. 1. )

    Verify source ↗

    The authority must be governed by a five-member board, with three directors appointed by the County of Siskiyou board of supervisors and two appointed by the Mount Shasta city council.

    ## Government Code - GOV ## TITLE 12.3. SISKIYOU RAILROAD AUTHORITY [93100 - 93110] ( Title 12.3 added by Stats. 1994, Ch. 132, Sec. 1. ) ## 93104. The authority shall be governed by a board of five directors, three appointed by the board of supervisors of the County of Siskiyou, one of whom shall be a resident of the community of McCloud, and two appointed by the City Council of the City of Mount Shasta. Members of the board of supervisors and the city council may be appointed to and serve on the board of directors of the authority. (Amended by Stats. 1995, Ch. 79, Sec. 1. Effective January 1, 1996.)
  76. 93105.

    ## Government Code - GOV ## TITLE 12.3. SISKIYOU RAILROAD AUTHORITY [93100 - 93110] ( Title 12.3 added by Stats. 1994, Ch. 132, Sec. 1. )

    Verify source ↗

    The authority may acquire, own, operate, and lease railroad-related property, operate railroads, accept grants or loans from state or federal agencies, and choose a franchisee to acquire or operate a rail transportation system in its jurisdiction.

    ## Government Code - GOV ## TITLE 12.3. SISKIYOU RAILROAD AUTHORITY [93100 - 93110] ( Title 12.3 added by Stats. 1994, Ch. 132, Sec. 1. ) ## 93105. The authority may do any of the following: (a) Acquire, own, operate, and lease real and personal property directly related to the operation and maintenance of railroads. (b) Acquire property by purchase, lease, or gift. (c) Operate railroads. (d) Accept grants or loans from state or federal agencies. (e) Select a franchisee, which may be a public or private entity, to acquire or operate a rail transportation system within the area of the authority’s jurisdiction. (Added by Stats. 1994, Ch. 132, Sec. 1. Effective January 1, 1995.)
  77. 93107.

    ## Government Code - GOV ## TITLE 12.3. SISKIYOU RAILROAD AUTHORITY [93100 - 93110] ( Title 12.3 added by Stats. 1994, Ch. 132, Sec. 1. )

    Verify source ↗

    The authority may prepare a plan to acquire and operate a railroad line, and doing so must not cost the state anything.

    ## Government Code - GOV ## TITLE 12.3. SISKIYOU RAILROAD AUTHORITY [93100 - 93110] ( Title 12.3 added by Stats. 1994, Ch. 132, Sec. 1. ) ## 93107. The authority may prepare a plan for the acquisition and operation of a railroad line, at no expense to the state. (Added by Stats. 1994, Ch. 132, Sec. 1. Effective January 1, 1995.)
  78. 93108.

    ## Government Code - GOV ## TITLE 12.3. SISKIYOU RAILROAD AUTHORITY [93100 - 93110] ( Title 12.3 added by Stats. 1994, Ch. 132, Sec. 1. )

    Verify source ↗

    After preparing a plan under Section 93107, the authority may carry out studies, evaluate private-sector plans, set franchise criteria, choose a franchisee, accept outside funding or gifts, hire staff and consultants, and set transportation rates and charges.

    ## Government Code - GOV ## TITLE 12.3. SISKIYOU RAILROAD AUTHORITY [93100 - 93110] ( Title 12.3 added by Stats. 1994, Ch. 132, Sec. 1. ) ## 93108. After preparation of a plan pursuant to Section 93107, the authority may do any of the following: (a) Conduct engineering and other studies related to the acquisition of any railroad line. (b) Evaluate alternative plans from the private sector to acquire, finance, and operate a railroad system. (c) Establish criteria for the award of a franchise. (d) Select a franchisee to acquire, finance, and operate the railroad system. (e) Accept grants, gifts, fees, or allocations from other entities, including private and public sources. (f) Employ an executive officer, other staff, and consultants deemed appropriate for support of the activities of the authority. (g) Establish rates, rentals, charges, and classifications of transportation services operated by, and for, the authority. (Amended by Stats. 1995, Ch. 79, Sec. 2. Effective January 1, 1996.)
  79. 93110.

    ## Government Code - GOV ## TITLE 12.3. SISKIYOU RAILROAD AUTHORITY [93100 - 93110] ( Title 12.3 added by Stats. 1994, Ch. 132, Sec. 1. )

    Verify source ↗

    The state is not liable for the authority’s contracts, debts, or other obligations.

    ## Government Code - GOV ## TITLE 12.3. SISKIYOU RAILROAD AUTHORITY [93100 - 93110] ( Title 12.3 added by Stats. 1994, Ch. 132, Sec. 1. ) ## 93110. The state is not liable for any contracts, debts, or other obligations of the authority. (Added by Stats. 1994, Ch. 132, Sec. 1. Effective January 1, 1995.)
  80. 9320.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Compensation of Officers and Employees of the Legislature [9320 - 9322] ( Heading of Chapter 3 amended by Stats. 1968, Ch. 312. )

    Verify source ↗

    The Senate and the Assembly must set compensation for their officers and employees by resolution, to the extent that the compensation is fixed.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Compensation of Officers and Employees of the Legislature [9320 - 9322] ( Heading of Chapter 3 amended by Stats. 1968, Ch. 312. ) ## 9320. The compensation of each officer and employee of the Senate or Assembly shall be fixed, insofar as such compensation is fixed, by the Senate or Assembly, respectively, by resolution. (Amended by Stats. 1959, Ch. 597.)
  81. 9321.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Compensation of Officers and Employees of the Legislature [9320 - 9322] ( Heading of Chapter 3 amended by Stats. 1968, Ch. 312. )

    Verify source ↗

    Only the Secretary of the Senate, the Chief Clerk of the Assembly, the minute clerks, and the Sergeant-at-Arms of each house may be allowed mileage.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Compensation of Officers and Employees of the Legislature [9320 - 9322] ( Heading of Chapter 3 amended by Stats. 1968, Ch. 312. ) ## 9321. The Secretary of the Senate, the Chief Clerk of the Assembly, and the minute clerks and Sergeant-at-Arms of each house, and no others, shall be allowed mileage. (Enacted by Stats. 1943, Ch. 134.)
  82. 9322.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Compensation of Officers and Employees of the Legislature [9320 - 9322] ( Heading of Chapter 3 amended by Stats. 1968, Ch. 312. )

    Verify source ↗

    The Legislature must provide dental care plan coverage for certain former legislators and legislative employees, and the Senate and Assembly Rules Committees must administer the plan for their respective former members and employees.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Compensation of Officers and Employees of the Legislature [9320 - 9322] ( Heading of Chapter 3 amended by Stats. 1968, Ch. 312. ) ## 9322. (a) Notwithstanding Part 6 (commencing with Section 22950) of Division 5, or any other law, the Legislature shall provide dental care plan coverage, pursuant to this section, for a person who is (1) a former Member of the Assembly or Senate or former legislative employee and who meets the conditions imposed by subdivision (a) of Section 22815, (2) a former Member of the Assembly or Senate or former legislative employee as defined by subdivision (f) or (g) of Section 22760, or (3) a former Member of the Assembly or Senate who meets the conditions imposed by subparagraph (A) or (B) of paragraph (1) of subdivision (a) of Section 22815. (b) The Senate Committee on Rules shall administer the dental care plan for former Senators and former Senate employees. The Assembly Committee on Rules shall administer the dental care plan for former Assembly Members and former Assembly employees. Each rules committee shall be paid by those persons the contributions specified by subdivision (b) of Section 22815, including the additional 2 percent of the contribution payments required to be paid to cover the cost of administration. If the Senate Committee on Rules or the Assembly Committee on Rules does not receive the required contribution and the additional 2 percent of the contribution payment on the first day of a month or within 20 days thereafter, continued coverage shall be terminated effective the first day of that month and may not be reinstated by subsequent receipt of the contribution and payment. (c) If a person described in subdivision (a) retires, he or she shall be enrolled in the dental care plan provided for retirees in the retirement plan in which he or she is a member. (d) There is no duty to locate or notify any person who may be eligible to enroll pursuant to this section. (Amended by Stats. 2004, Ch. 69, Sec. 8. Effective June 24, 2004.)
  83. 93300.

    ## Government Code - GOV ## TITLE 12.5. CENTRAL CALIFORNIA RAILROAD AUTHORITY [93300 - 93319] ( Title 12.5 added by Stats. 2011, Ch. 234, Sec. 1. ) ## CHAPTER 1. General Provisions [93300 - 93304] ( Chapter 1 added by Stats. 2011, Ch. 234, Sec. 1. )

    Verify source ↗

    This title may be cited as the Central California Railroad Authority Act.

    ## Government Code - GOV ## TITLE 12.5. CENTRAL CALIFORNIA RAILROAD AUTHORITY [93300 - 93319] ( Title 12.5 added by Stats. 2011, Ch. 234, Sec. 1. ) ## CHAPTER 1. General Provisions [93300 - 93304] ( Chapter 1 added by Stats. 2011, Ch. 234, Sec. 1. ) ## 93300. This title shall be known, and may be cited, as the Central California Railroad Authority Act. (Added by Stats. 2011, Ch. 234, Sec. 1. (SB 325) Effective January 1, 2012.)
  84. 93301.

    ## Government Code - GOV ## TITLE 12.5. CENTRAL CALIFORNIA RAILROAD AUTHORITY [93300 - 93319] ( Title 12.5 added by Stats. 2011, Ch. 234, Sec. 1. ) ## CHAPTER 1. General Provisions [93300 - 93304] ( Chapter 1 added by Stats. 2011, Ch. 234, Sec. 1. )

    Verify source ↗

    The Legislature states that this title is meant to help ensure rail service and support related economic development in certain counties.

    ## Government Code - GOV ## TITLE 12.5. CENTRAL CALIFORNIA RAILROAD AUTHORITY [93300 - 93319] ( Title 12.5 added by Stats. 2011, Ch. 234, Sec. 1. ) ## CHAPTER 1. General Provisions [93300 - 93304] ( Chapter 1 added by Stats. 2011, Ch. 234, Sec. 1. ) ## 93301. The Legislature finds and declares all of the following: (a) It is the intent of the Legislature, in enacting this title, to provide an alternative for ensuring railroad service if the Surface Transportation Board authorizes the abandonment or discontinuance of service on, or in the event of bankruptcy or sale of, short-line railroads in the Counties of Kern, Kings, Tulare, Fresno, and Merced. (b) It is the intent of the Legislature to provide a means to consider and, if justified, to pursue economic development opportunities and projects related to rail service along railroad lines in participating counties. (c) It is the intent of the Legislature that enactment of this title not provide a justification for the Surface Transportation Board to grant a petition for abandonment or discontinuance of service on the affected short lines. (d) It is the intent of the Legislature that the authority be expanded to include the Counties of Madera, Stanislaus, and San Joaquin if those counties request to be included at a future date. (Added by Stats. 2011, Ch. 234, Sec. 1. (SB 325) Effective January 1, 2012.)
  85. 93302.

    ## Government Code - GOV ## TITLE 12.5. CENTRAL CALIFORNIA RAILROAD AUTHORITY [93300 - 93319] ( Title 12.5 added by Stats. 2011, Ch. 234, Sec. 1. ) ## CHAPTER 1. General Provisions [93300 - 93304] ( Chapter 1 added by Stats. 2011, Ch. 234, Sec. 1. )

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    The Legislature states that maintaining railroad service through central California will provide economic benefits and lists related transportation goals.

    ## Government Code - GOV ## TITLE 12.5. CENTRAL CALIFORNIA RAILROAD AUTHORITY [93300 - 93319] ( Title 12.5 added by Stats. 2011, Ch. 234, Sec. 1. ) ## CHAPTER 1. General Provisions [93300 - 93304] ( Chapter 1 added by Stats. 2011, Ch. 234, Sec. 1. ) ## 93302. The Legislature finds and declares that maintaining a railroad service through central California will provide economic benefits and do all of the following: (a) Ensure continuing short-line freight railroad service between Kern County and Merced County. (b) Enable opportunities for the improvement of short-line rail service, including passenger service connecting to high-speed rail stations, extending from Kern County to the Port of Oakland. (c) Reduce reliance on motor vehicles and encourage the use of rail service as an alternative transportation means. (d) Reduce traffic congestion on and deterioration of state and federal highway systems and local roads in central California. (e) Provide convenient and attractive short-line transportation service for shippers and receivers through central California. (Added by Stats. 2011, Ch. 234, Sec. 1. (SB 325) Effective January 1, 2012.)
  86. 93303.

    ## Government Code - GOV ## TITLE 12.5. CENTRAL CALIFORNIA RAILROAD AUTHORITY [93300 - 93319] ( Title 12.5 added by Stats. 2011, Ch. 234, Sec. 1. ) ## CHAPTER 1. General Provisions [93300 - 93304] ( Chapter 1 added by Stats. 2011, Ch. 234, Sec. 1. )

    Verify source ↗

    In this title, “authority” means the Central California Railroad Authority.

    ## Government Code - GOV ## TITLE 12.5. CENTRAL CALIFORNIA RAILROAD AUTHORITY [93300 - 93319] ( Title 12.5 added by Stats. 2011, Ch. 234, Sec. 1. ) ## CHAPTER 1. General Provisions [93300 - 93304] ( Chapter 1 added by Stats. 2011, Ch. 234, Sec. 1. ) ## 93303. As used in this title, “authority” means the Central California Railroad Authority. (Added by Stats. 2011, Ch. 234, Sec. 1. (SB 325) Effective January 1, 2012.)
  87. 93304.

    ## Government Code - GOV ## TITLE 12.5. CENTRAL CALIFORNIA RAILROAD AUTHORITY [93300 - 93319] ( Title 12.5 added by Stats. 2011, Ch. 234, Sec. 1. ) ## CHAPTER 1. General Provisions [93300 - 93304] ( Chapter 1 added by Stats. 2011, Ch. 234, Sec. 1. )

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    The authority is treated as a local agency for purposes of the Disaster Assistance Act.

    ## Government Code - GOV ## TITLE 12.5. CENTRAL CALIFORNIA RAILROAD AUTHORITY [93300 - 93319] ( Title 12.5 added by Stats. 2011, Ch. 234, Sec. 1. ) ## CHAPTER 1. General Provisions [93300 - 93304] ( Chapter 1 added by Stats. 2011, Ch. 234, Sec. 1. ) ## 93304. The authority is a local agency for purposes of the Disaster Assistance Act (Chapter 7.5 (commencing with Section 8680) of Division 1 of Title 2). (Added by Stats. 2011, Ch. 234, Sec. 1. (SB 325) Effective January 1, 2012.)
  88. 93307.

    ## Government Code - GOV ## TITLE 12.5. CENTRAL CALIFORNIA RAILROAD AUTHORITY [93300 - 93319] ( Title 12.5 added by Stats. 2011, Ch. 234, Sec. 1. ) ## CHAPTER 2. Creation of the Central California Railroad Authority [93307 - 93311] ( Chapter 2 added by Stats. 2011, Ch. 234, Sec. 1. )

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    The Central California Railroad Authority is created to provide rail freight service in five named counties, and three additional counties may choose to join it.

    ## Government Code - GOV ## TITLE 12.5. CENTRAL CALIFORNIA RAILROAD AUTHORITY [93300 - 93319] ( Title 12.5 added by Stats. 2011, Ch. 234, Sec. 1. ) ## CHAPTER 2. Creation of the Central California Railroad Authority [93307 - 93311] ( Chapter 2 added by Stats. 2011, Ch. 234, Sec. 1. ) ## 93307. (a) The Central California Railroad Authority is hereby created, having a service area comprised of the Counties of Kern, Kings, Tulare, Fresno, and Merced, to provide rail freight service within those counties. (b) The Counties of Madera, Stanislaus, and San Joaquin may elect to join the authority and, if that election is made, the service area of the authority is expanded to include those counties. (Added by Stats. 2011, Ch. 234, Sec. 1. (SB 325) Effective January 1, 2012.)
  89. 93308.

    ## Government Code - GOV ## TITLE 12.5. CENTRAL CALIFORNIA RAILROAD AUTHORITY [93300 - 93319] ( Title 12.5 added by Stats. 2011, Ch. 234, Sec. 1. ) ## CHAPTER 2. Creation of the Central California Railroad Authority [93307 - 93311] ( Chapter 2 added by Stats. 2011, Ch. 234, Sec. 1. )

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    This section sets how the authority’s board is made up, how members are appointed, how long they serve, what compensation and expense reimbursement may be allowed, and how meetings and official acts must work.

    ## Government Code - GOV ## TITLE 12.5. CENTRAL CALIFORNIA RAILROAD AUTHORITY [93300 - 93319] ( Title 12.5 added by Stats. 2011, Ch. 234, Sec. 1. ) ## CHAPTER 2. Creation of the Central California Railroad Authority [93307 - 93311] ( Chapter 2 added by Stats. 2011, Ch. 234, Sec. 1. ) ## 93308. (a) The authority shall be governed by a board of directors, composed as follows: (1) One member appointed by the Kern Council of Governments. (2) One member appointed by the Kings County Association of Governments. (3) One member appointed by the Tulare County Association of Governments. (4) One member appointed by the Fresno Council of Governments. (5) One member appointed by the Merced County Association of Governments. (b) If the Counties of Madera, Stanislaus, or San Joaquin elect to join the authority, the regional transportation planning agencies of the counties so joining shall each appoint one person to the board of directors. (c) A board member appointed pursuant to subdivision (a) or (b) shall be both an elected official of a city or county that belongs to the regional transportation planning agency or council of governments appointing him or her and a board member of that planning agency or council of governments. (d) All members of the board of directors shall serve for terms of two years and until their successors have qualified. (e) Notwithstanding any other provision of law that precludes the simultaneous holding of incompatible offices, a local government officer may be appointed and may serve as a member of the authority’s board of directors if the person also meets the other applicable qualifications of this title. (f) (1) The board of directors may provide, by motion, ordinance, or resolution, that each of its members may receive compensation in an amount not to exceed one hundred dollars ($100) for each day of service. A member of the board of directors shall not receive compensation for more than six days of service in a month. (2) The board of directors, by ordinance adopted pursuant to the procedures and standards specified in Chapter 2 (commencing with Section 20200) of Division 10 of the Water Code, may increase the amount of compensation that may be received by members of the board of directors. (3) The board of directors may provide, by motion, ordinance, or resolution, that its members may receive their actual and necessary traveling and incidental expenses incurred while on official business. Reimbursement for these expenses is subject to Sections 53232.2 and 53232.3. (4) A member of the board of directors may waive any or all of the payments permitted by this section. (5) For the purposes of this subdivision, a “day of service” means any of the following: (A) A meeting conducted pursuant to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5). (B) Representation of the authority at a public event, provided that the board of directors has previously approved the member’s representation at a board of directors’ meeting and that the member delivers a written report to the board of directors regarding the member’s representation at the next board of directors’ meeting following the public event. (C) Representation of the authority at a public meeting or a public hearing conducted by another public agency, provided that the board of directors has previously approved the member’s representation at a board of directors’ meeting and that the member delivers a written report to the board of directors regarding the member’s representation at the next board of directors’ meeting following the public meeting or public hearing. (D) Representation of the authority at a meeting of a public benefit nonprofit corporation on whose board the authority has membership, provided that the board of directors has previously approved the member’s representation at a board of directors’ meeting and the member delivers a written report to the board of directors regarding the member’s representation at the next board of directors’ meeting following the corporation’s meeting. (E) Participation in a training program on a topic that is directly related to the authority, provided that the board of directors has previously approved the member’s participation at a board of directors’ meeting, and that the member delivers a written report to the board of directors regarding the member’s participation at the next board of directors’ meeting following the training program. (g) A majority of the members of the authority constitutes a quorum for the transaction of business, and all official acts of the authority require the affirmative vote of a majority of the members of the authority. (h) The acts of the authority shall be expressed by motion, resolution, or ordinance. (i) All meetings of the authority shall be conducted pursuant to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5). (Added by Stats. 2011, Ch. 234, Sec. 1. (SB 325) Effective January 1, 2012.)
  90. 93309.

    ## Government Code - GOV ## TITLE 12.5. CENTRAL CALIFORNIA RAILROAD AUTHORITY [93300 - 93319] ( Title 12.5 added by Stats. 2011, Ch. 234, Sec. 1. ) ## CHAPTER 2. Creation of the Central California Railroad Authority [93307 - 93311] ( Chapter 2 added by Stats. 2011, Ch. 234, Sec. 1. )

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    The authority must adopt an annual budget, adopt an administrative code, have its finances audited at least annually, and take needed steps to carry out the title. Budget-hearing notice and the proposed budget must be made public in advance, and the authority may sue and be sued subject to law.

    ## Government Code - GOV ## TITLE 12.5. CENTRAL CALIFORNIA RAILROAD AUTHORITY [93300 - 93319] ( Title 12.5 added by Stats. 2011, Ch. 234, Sec. 1. ) ## CHAPTER 2. Creation of the Central California Railroad Authority [93307 - 93311] ( Chapter 2 added by Stats. 2011, Ch. 234, Sec. 1. ) ## 93309. (a) The authority shall do all of the following: (1) Adopt an annual budget. (2) Adopt an administrative code, by ordinance, which prescribes the powers and duties of the authority officers, the method of appointment of the authority employees, and methods, procedures, and systems of operation and management of the authority. (3) Cause a postaudit of the financial transactions and records of the authority to be made at least annually by a certified public accountant. (4) Do any and all things necessary to carry out the purposes of this title. (b) Notice of the time and place of a public hearing on the adoption of the annual budget shall be published pursuant to Section 6061 not later than 15 days prior to the hearing. (c) The proposed annual budget shall be available for public inspection at least 15 days prior to the hearing. (d) The authority may sue and be sued, except as provided by law, in all actions and proceedings, in all courts and tribunals of competent jurisdiction. (e) All claims for money or damages against the authority are governed by Division 3.6 (commencing with Section 810) of Title 1, except as provided therein, or by other statute or regulation expressly applicable thereto. (Added by Stats. 2011, Ch. 234, Sec. 1. (SB 325) Effective January 1, 2012.)
  91. 93310.

    ## Government Code - GOV ## TITLE 12.5. CENTRAL CALIFORNIA RAILROAD AUTHORITY [93300 - 93319] ( Title 12.5 added by Stats. 2011, Ch. 234, Sec. 1. ) ## CHAPTER 2. Creation of the Central California Railroad Authority [93307 - 93311] ( Chapter 2 added by Stats. 2011, Ch. 234, Sec. 1. )

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    The authority must hold its first meeting within 120 days after service is abandoned or discontinued on a railroad line covered by Section 93301, if the required joint powers agreement has been formed.

    ## Government Code - GOV ## TITLE 12.5. CENTRAL CALIFORNIA RAILROAD AUTHORITY [93300 - 93319] ( Title 12.5 added by Stats. 2011, Ch. 234, Sec. 1. ) ## CHAPTER 2. Creation of the Central California Railroad Authority [93307 - 93311] ( Chapter 2 added by Stats. 2011, Ch. 234, Sec. 1. ) ## 93310. The authority shall conduct its first meeting no later than 120 days after abandonment or discontinuance of service on any railroad line specified in Section 93301, provided the member regional transportation agencies or councils of governments have formed a joint exercise of powers agreement to implement and manage the authority. (Added by Stats. 2011, Ch. 234, Sec. 1. (SB 325) Effective January 1, 2012.)
  92. 93311.

    ## Government Code - GOV ## TITLE 12.5. CENTRAL CALIFORNIA RAILROAD AUTHORITY [93300 - 93319] ( Title 12.5 added by Stats. 2011, Ch. 234, Sec. 1. ) ## CHAPTER 2. Creation of the Central California Railroad Authority [93307 - 93311] ( Chapter 2 added by Stats. 2011, Ch. 234, Sec. 1. )

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    Certain regional transportation planning agencies and councils of governments may operate freight rail service within the authority’s jurisdiction.

    ## Government Code - GOV ## TITLE 12.5. CENTRAL CALIFORNIA RAILROAD AUTHORITY [93300 - 93319] ( Title 12.5 added by Stats. 2011, Ch. 234, Sec. 1. ) ## CHAPTER 2. Creation of the Central California Railroad Authority [93307 - 93311] ( Chapter 2 added by Stats. 2011, Ch. 234, Sec. 1. ) ## 93311. The regional transportation planning agencies or councils of governments for the Counties of Fresno, Merced, Kern, Kings, and Tulare, and any regional transportation planning agencies of other counties that may elect to join the authority, may operate freight rail service within the area of jurisdiction of the authority. (Added by Stats. 2011, Ch. 234, Sec. 1. (SB 325) Effective January 1, 2012.)
  93. 93312.

    ## Government Code - GOV ## TITLE 12.5. CENTRAL CALIFORNIA RAILROAD AUTHORITY [93300 - 93319] ( Title 12.5 added by Stats. 2011, Ch. 234, Sec. 1. ) ## CHAPTER 3. Powers and Duties of the Authority [93312 - 93319] ( Chapter 3 added by Stats. 2011, Ch. 234, Sec. 1. )

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    The authority has several powers to manage railroad property and operations, issue revenue bonds, acquire property, accept federal grants or loans, and select a franchisee.

    ## Government Code - GOV ## TITLE 12.5. CENTRAL CALIFORNIA RAILROAD AUTHORITY [93300 - 93319] ( Title 12.5 added by Stats. 2011, Ch. 234, Sec. 1. ) ## CHAPTER 3. Powers and Duties of the Authority [93312 - 93319] ( Chapter 3 added by Stats. 2011, Ch. 234, Sec. 1. ) ## 93312. The authority has all of the following powers: (a) To acquire, own, operate, and lease real and personal property reasonably related to the operation and maintenance of railroads. (b) To issue revenue bonds pursuant to Section 93316 for any purpose of the authority. (c) To acquire property by purchase, lease, gift, or through exercise of the power of eminent domain, within its area of jurisdiction. (d) To operate railroads, including those outside its boundaries in order to connect its lines with the lines of another railroad corporation, provided the service begins within the authority’s area of jurisdiction. (e) To accept grants or loans from federal agencies. (f) To select a franchisee, which may be a public or private entity, to acquire or operate a rail transportation system within the area of the authority’s jurisdiction. (Added by Stats. 2011, Ch. 234, Sec. 1. (SB 325) Effective January 1, 2012.)
  94. 93313.

    ## Government Code - GOV ## TITLE 12.5. CENTRAL CALIFORNIA RAILROAD AUTHORITY [93300 - 93319] ( Title 12.5 added by Stats. 2011, Ch. 234, Sec. 1. ) ## CHAPTER 3. Powers and Duties of the Authority [93312 - 93319] ( Chapter 3 added by Stats. 2011, Ch. 234, Sec. 1. )

    Verify source ↗

    The authority may acquire, own, lease, and operate railroad lines and equipment, including property, tracks, rights-of-way, equipment, and facilities.

    ## Government Code - GOV ## TITLE 12.5. CENTRAL CALIFORNIA RAILROAD AUTHORITY [93300 - 93319] ( Title 12.5 added by Stats. 2011, Ch. 234, Sec. 1. ) ## CHAPTER 3. Powers and Duties of the Authority [93312 - 93319] ( Chapter 3 added by Stats. 2011, Ch. 234, Sec. 1. ) ## 93313. The authority may acquire, own, lease, and operate railroad lines and equipment, including, but not limited to, real and personal property, tracks, rights-of-way, equipment, and facilities. (Added by Stats. 2011, Ch. 234, Sec. 1. (SB 325) Effective January 1, 2012.)
  95. 93314.

    ## Government Code - GOV ## TITLE 12.5. CENTRAL CALIFORNIA RAILROAD AUTHORITY [93300 - 93319] ( Title 12.5 added by Stats. 2011, Ch. 234, Sec. 1. ) ## CHAPTER 3. Powers and Duties of the Authority [93312 - 93319] ( Chapter 3 added by Stats. 2011, Ch. 234, Sec. 1. )

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    The authority may prepare a plan to acquire and operate railroad lines specified in Section 93301.

    ## Government Code - GOV ## TITLE 12.5. CENTRAL CALIFORNIA RAILROAD AUTHORITY [93300 - 93319] ( Title 12.5 added by Stats. 2011, Ch. 234, Sec. 1. ) ## CHAPTER 3. Powers and Duties of the Authority [93312 - 93319] ( Chapter 3 added by Stats. 2011, Ch. 234, Sec. 1. ) ## 93314. The authority may prepare a plan for the acquisition and operation of any railroad line specified in Section 93301, at no expense to the state, to achieve the purposes set forth in Section 93302. (Added by Stats. 2011, Ch. 234, Sec. 1. (SB 325) Effective January 1, 2012.)
  96. 93315.

    ## Government Code - GOV ## TITLE 12.5. CENTRAL CALIFORNIA RAILROAD AUTHORITY [93300 - 93319] ( Title 12.5 added by Stats. 2011, Ch. 234, Sec. 1. ) ## CHAPTER 3. Powers and Duties of the Authority [93312 - 93319] ( Chapter 3 added by Stats. 2011, Ch. 234, Sec. 1. )

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    After preparing a plan under Section 93314, the authority may carry out listed rail-related actions.

    ## Government Code - GOV ## TITLE 12.5. CENTRAL CALIFORNIA RAILROAD AUTHORITY [93300 - 93319] ( Title 12.5 added by Stats. 2011, Ch. 234, Sec. 1. ) ## CHAPTER 3. Powers and Duties of the Authority [93312 - 93319] ( Chapter 3 added by Stats. 2011, Ch. 234, Sec. 1. ) ## 93315. After preparation of a plan pursuant to Section 93314, the authority may do any of the following: (a) Conduct engineering and other studies related to the acquisition of any railroad line. (b) Evaluate alternative plans from the private sector to acquire, finance, and operate a railroad system in a manner which achieves the purposes specified in Section 93302. (c) Establish criteria for the award of a franchise. (d) Select a franchisee to acquire, finance, and operate the railroad system. (e) Accept grants, gifts, fees, or allocations from other entities, including private and public sources. (f) Employ an executive officer, other staff, and consultants deemed appropriate for support of the activities of the authority. (Added by Stats. 2011, Ch. 234, Sec. 1. (SB 325) Effective January 1, 2012.)
  97. 93316.

    ## Government Code - GOV ## TITLE 12.5. CENTRAL CALIFORNIA RAILROAD AUTHORITY [93300 - 93319] ( Title 12.5 added by Stats. 2011, Ch. 234, Sec. 1. ) ## CHAPTER 3. Powers and Duties of the Authority [93312 - 93319] ( Chapter 3 added by Stats. 2011, Ch. 234, Sec. 1. )

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    The authority may issue bonds backed by revenues from facilities or enterprises it acquires or constructs, under the Revenue Bond Law of 1941.

    ## Government Code - GOV ## TITLE 12.5. CENTRAL CALIFORNIA RAILROAD AUTHORITY [93300 - 93319] ( Title 12.5 added by Stats. 2011, Ch. 234, Sec. 1. ) ## CHAPTER 3. Powers and Duties of the Authority [93312 - 93319] ( Chapter 3 added by Stats. 2011, Ch. 234, Sec. 1. ) ## 93316. (a) The authority may issue bonds, payable from revenues of any facility or enterprise to be acquired or constructed by the authority, in the manner provided by the Revenue Bond Law of 1941 (Chapter 6 (commencing with Section 54300) of Part 1 of Division 2 of Title 5). However, an election is not required in the case of revenue bonds authorized by the board of directors for railroad facilities, and any addition, extension, and improvement thereto, and all other facilities authorized to be acquired, constructed, or completed by the authority under this title. (b) The authority is a local agency within the meaning of the Revenue Bond Law of 1941. The term “enterprise,” as used in that law, includes railroad facilities, and any addition, extension, and improvement thereto, and all other facilities authorized to be acquired, constructed, or completed by the authority under this title. (Added by Stats. 2011, Ch. 234, Sec. 1. (SB 325) Effective January 1, 2012.)
  98. 93317.

    ## Government Code - GOV ## TITLE 12.5. CENTRAL CALIFORNIA RAILROAD AUTHORITY [93300 - 93319] ( Title 12.5 added by Stats. 2011, Ch. 234, Sec. 1. ) ## CHAPTER 3. Powers and Duties of the Authority [93312 - 93319] ( Chapter 3 added by Stats. 2011, Ch. 234, Sec. 1. )

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    The state is not liable for the authority’s contracts, debts, or other obligations.

    ## Government Code - GOV ## TITLE 12.5. CENTRAL CALIFORNIA RAILROAD AUTHORITY [93300 - 93319] ( Title 12.5 added by Stats. 2011, Ch. 234, Sec. 1. ) ## CHAPTER 3. Powers and Duties of the Authority [93312 - 93319] ( Chapter 3 added by Stats. 2011, Ch. 234, Sec. 1. ) ## 93317. The state is not liable for any contracts, debts, or other obligations of the authority. (Added by Stats. 2011, Ch. 234, Sec. 1. (SB 325) Effective January 1, 2012.)
  99. 93318.

    ## Government Code - GOV ## TITLE 12.5. CENTRAL CALIFORNIA RAILROAD AUTHORITY [93300 - 93319] ( Title 12.5 added by Stats. 2011, Ch. 234, Sec. 1. ) ## CHAPTER 3. Powers and Duties of the Authority [93312 - 93319] ( Chapter 3 added by Stats. 2011, Ch. 234, Sec. 1. )

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    Agencies that form the joint powers agreement implementing the authority are liable for the authority’s debts and obligations.

    ## Government Code - GOV ## TITLE 12.5. CENTRAL CALIFORNIA RAILROAD AUTHORITY [93300 - 93319] ( Title 12.5 added by Stats. 2011, Ch. 234, Sec. 1. ) ## CHAPTER 3. Powers and Duties of the Authority [93312 - 93319] ( Chapter 3 added by Stats. 2011, Ch. 234, Sec. 1. ) ## 93318. Agencies forming the joint powers agreement implementing the authority shall be liable for all debts and obligations of the authority. (Added by Stats. 2011, Ch. 234, Sec. 1. (SB 325) Effective January 1, 2012.)
  100. 93319.

    ## Government Code - GOV ## TITLE 12.5. CENTRAL CALIFORNIA RAILROAD AUTHORITY [93300 - 93319] ( Title 12.5 added by Stats. 2011, Ch. 234, Sec. 1. ) ## CHAPTER 3. Powers and Duties of the Authority [93312 - 93319] ( Chapter 3 added by Stats. 2011, Ch. 234, Sec. 1. )

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    The authority may not use or claim Transportation Development Act funds, and it is not entitled to receive funds from the Public Transportation Account.

    ## Government Code - GOV ## TITLE 12.5. CENTRAL CALIFORNIA RAILROAD AUTHORITY [93300 - 93319] ( Title 12.5 added by Stats. 2011, Ch. 234, Sec. 1. ) ## CHAPTER 3. Powers and Duties of the Authority [93312 - 93319] ( Chapter 3 added by Stats. 2011, Ch. 234, Sec. 1. ) ## 93319. The authority may not utilize or be a claimant for Transportation Development Act funds and shall not be entitled to receive funds from the Public Transportation Account. (Added by Stats. 2011, Ch. 234, Sec. 1. (SB 325) Effective January 1, 2012.)
  101. 935.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 6. Claims Procedures Established by Public Entities [935 - 935.9] ( Chapter 6 added by Stats. 1963, Ch. 1715. )

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    Local public entities may set claim procedures for certain money-or-damages claims, but they cannot shorten the claim-presentment time below Section 911.2 or give the board more time to act than Section 912.4.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 6. Claims Procedures Established by Public Entities [935 - 935.9] ( Chapter 6 added by Stats. 1963, Ch. 1715. ) ## 935. (a) Claims against a local public entity for money or damages which are excepted by Section 905 from Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of this part, and which are not governed by any other statutes or regulations expressly relating thereto, shall be governed by the procedure prescribed in any charter, ordinance, or regulation adopted by the local public entity. (b) The procedure so prescribed may include a requirement that a claim be presented and acted upon as a prerequisite to suit thereon. If such a requirement is included, any action brought against the public entity on the claim shall be subject to Sections 945.6 and 946. (c) The procedure so prescribed shall not require a shorter time for presentation of any claim than the time provided in Section 911.2. (d) The procedure so prescribed shall not provide a longer time for the board to take action upon any claim than the time provided in Section 912.4. (e) When a claim required by the procedure to be presented within a period of less than one year after the accrual of the cause of action is not presented within the required time, an application may be made to the public entity for leave to present such claim. Subdivision (b) of Section 911.4, Sections 911.6 to 912.2, inclusive, and Sections 946.4 and 946.6 are applicable to all such claims, and the time specified in the charter, ordinance, or regulation shall be deemed the “time specified in Section 911.2” within the meaning of Sections 911.6 and 946.6. (f) Any procedure authorized to be prescribed by this section does not apply to claims of childhood sexual abuse made as described in subdivision (m) of Section 905. This subdivision is declaratory of existing law. (Amended by Stats. 2018, Ch. 153, Sec. 1. (SB 1053) Effective January 1, 2019.)
  102. 935.2.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 6. Claims Procedures Established by Public Entities [935 - 935.9] ( Chapter 6 added by Stats. 1963, Ch. 1715. )

    Verify source ↗

    A charter provision or local public entity may create a claims board or commission of at least three members, and may authorize payment warrants to be drawn after the board’s written order.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 6. Claims Procedures Established by Public Entities [935 - 935.9] ( Chapter 6 added by Stats. 1963, Ch. 1715. ) ## 935.2. A charter provision, or a local public entity by ordinance or resolution, may establish a claims board or commission of not less than three members to perform such functions of the governing body of the public entity under this part as are prescribed by the local public entity. A charter provision, ordinance or resolution may provide that, upon the written order of the claims board or commission, the auditor or other fiscal officer of the local public entity shall cause a warrant to be drawn upon the treasury of the local public entity in the amount for which a claim has been allowed or compromised or settled. (Amended by Stats. 1965, Ch. 653.)
  103. 935.4.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 6. Claims Procedures Established by Public Entities [935 - 935.9] ( Chapter 6 added by Stats. 1963, Ch. 1715. )

    Verify source ↗

    This section lets a charter provision, or a local public entity by ordinance or resolution, authorize an employee to carry out specified governing-body functions. Only a charter provision may let that employee allow, compromise, or settle a claim over $50,000. It may also provide for a warrant to be issued on that employee’s written order.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 6. Claims Procedures Established by Public Entities [935 - 935.9] ( Chapter 6 added by Stats. 1963, Ch. 1715. ) ## 935.4. A charter provision, or a local public entity by ordinance or resolution, may authorize an employee of the local public entity to perform those functions of the governing body of the public entity under this part that are prescribed by the local public entity, but only a charter provision may authorize that employee to allow, compromise, or settle a claim against the local public entity if the amount to be paid pursuant to the allowance, compromise or settlement exceeds fifty thousand dollars ($50,000). A charter provision, ordinance, or resolution may provide that, upon the written order of that employee, the auditor or other fiscal officer of the local public entity shall cause a warrant to be issued upon the treasury of the local public entity in the amount for which a claim has been allowed, compromised, or settled. (Amended by Stats. 1989, Ch. 159, Sec. 1.)
  104. 935.6.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 6. Claims Procedures Established by Public Entities [935 - 935.9] ( Chapter 6 added by Stats. 1963, Ch. 1715. )

    Verify source ↗

    The Department of General Services may let state agencies settle or reject certain claims, with a settlement cap of $1,000 unless the department sets a lower amount.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 6. Claims Procedures Established by Public Entities [935 - 935.9] ( Chapter 6 added by Stats. 1963, Ch. 1715. ) ## 935.6. (a) The Department of General Services may authorize any state agency to settle and pay claims filed pursuant to Section 905.2 if the settlement does not exceed one thousand dollars ($1,000) or a lesser amount as the department may determine, or to reject the claim and provide the notice required by Section 913. The department may require state agencies that it so authorizes to report annually to the department concerning the claims resolved pursuant to this section. (b) As used in this section, “state agency” means any office, officer, department, division, bureau, board, commission, or agency of the state, claims against which are paid by warrants drawn by the Controller, but does not mean any judicial branch entity, as defined in Section 900.3, or any judge thereof. (Amended by Stats. 2016, Ch. 31, Sec. 50. (SB 836) Effective June 27, 2016.)
  105. 935.7.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 6. Claims Procedures Established by Public Entities [935 - 935.9] ( Chapter 6 added by Stats. 1963, Ch. 1715. )

    Verify source ↗

    The Department of Transportation may deny, adjust, and pay certain claims without prior approval if specified conditions are met, and it must give notice if it does not pay a claim.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 6. Claims Procedures Established by Public Entities [935 - 935.9] ( Chapter 6 added by Stats. 1963, Ch. 1715. ) ## 935.7. (a) Notwithstanding Section 935.6, the Department of Transportation may deny or adjust and pay any claim arising out of the activities of the department without the prior approval of the Department of General Services if both of the following conditions exist: (1) The amount claimed is equal to or less than the amount specified as the small claims court jurisdictional amount in Section 116.221 of the Code of Civil Procedure. (2) The Director of Finance or the Director of Transportation certifies that a sufficient appropriation for the payment of the claim exists. (b) If the department elects not to pay any claim, the department shall provide the notice required by Section 913. (c) Any person who submits any claim arising out of any activity of the Department of Transportation shall comply with every other applicable provision of this part relating to claims against state agencies. (Amended by Stats. 2016, Ch. 31, Sec. 51. (SB 836) Effective June 27, 2016.)
  106. 935.8.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 6. Claims Procedures Established by Public Entities [935 - 935.9] ( Chapter 6 added by Stats. 1963, Ch. 1715. )

    Verify source ↗

    The Judicial Council may pay claims arising from judicial branch entities or judges, and may set court rules to let its committees or employees perform its functions under this section.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 6. Claims Procedures Established by Public Entities [935 - 935.9] ( Chapter 6 added by Stats. 1963, Ch. 1715. ) ## 935.8. The Judicial Council may adjust and pay any claim arising out of the activities of a judicial branch entity or judge thereof. The Judicial Council may adopt rules of court authorizing any committee of the Judicial Council or employee of the Administrative Office of the Courts to perform the functions of the Judicial Council under this section. (Added by Stats. 2002, Ch. 1007, Sec. 9. Effective January 1, 2003.)
  107. 935.9.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 6. Claims Procedures Established by Public Entities [935 - 935.9] ( Chapter 6 added by Stats. 1963, Ch. 1715. )

    Verify source ↗

    The Trustees of the California State University may adjust and pay claims arising from CSU activities, and may authorize the Office of Risk Management to carry out those functions by rule.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. ) ## PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 - 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. ) ## CHAPTER 6. Claims Procedures Established by Public Entities [935 - 935.9] ( Chapter 6 added by Stats. 1963, Ch. 1715. ) ## 935.9. The Trustees of the California State University may adjust and pay any claim arising out of the activities of the California State University. The Trustees of the California State University may, by rule, authorize the Office of Risk Management at the Office of the Chancellor of the California State University to perform the functions of the Trustees of the California State University under this section. (Amended by Stats. 2011, Ch. 296, Sec. 112. (AB 1023) Effective January 1, 2012.)
  108. 9350.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 1. Definitions and General Provisions [9350 - 9351.4] ( Article 1 added by Stats. 1947, Ch. 879. )

    Verify source ↗

    This chapter may be cited as the Legislators’ Retirement Law.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 1. Definitions and General Provisions [9350 - 9351.4] ( Article 1 added by Stats. 1947, Ch. 879. ) ## 9350. This chapter may be cited as the Legislators’ Retirement Law. (Added by Stats. 1947, Ch. 879.)
  109. 9350.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 1. Definitions and General Provisions [9350 - 9351.4] ( Article 1 added by Stats. 1947, Ch. 879. )

    Verify source ↗

    This section says the definitions and general provisions in this article govern how this chapter is interpreted, unless the context requires otherwise.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 1. Definitions and General Provisions [9350 - 9351.4] ( Article 1 added by Stats. 1947, Ch. 879. ) ## 9350.1. Unless the context otherwise requires, the definitions and general provisions set forth in this article govern the construction of this chapter. (Added by Stats. 1947, Ch. 879.)
  110. 9350.10.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 1. Definitions and General Provisions [9350 - 9351.4] ( Article 1 added by Stats. 1947, Ch. 879. )

    Verify source ↗

    “Net earnings” means retirement fund earnings minus the listed administrative costs and transfers to the reserve against deficiencies.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 1. Definitions and General Provisions [9350 - 9351.4] ( Article 1 added by Stats. 1947, Ch. 879. ) ## 9350.10. “Net earnings” means the earnings of the retirement fund less the administrative costs specified in Section 9354 and transfers to the reserve against deficiencies. (Added by Stats. 1985, Ch. 168, Sec. 1.)
  111. 9350.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 1. Definitions and General Provisions [9350 - 9351.4] ( Article 1 added by Stats. 1947, Ch. 879. )

    Verify source ↗

    This section defines “retirement system” or “this system” as the Legislators’ Retirement System created by the chapter.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 1. Definitions and General Provisions [9350 - 9351.4] ( Article 1 added by Stats. 1947, Ch. 879. ) ## 9350.2. “Retirement system” or “this system” means the Legislators’ Retirement System established by this chapter. (Added by Stats. 1947, Ch. 879.)
  112. 9350.3.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 1. Definitions and General Provisions [9350 - 9351.4] ( Article 1 added by Stats. 1947, Ch. 879. )

    Verify source ↗

    This section defines “Board of Administration” or “board” as the Board of Administration of the Public Employees’ Retirement System.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 1. Definitions and General Provisions [9350 - 9351.4] ( Article 1 added by Stats. 1947, Ch. 879. ) ## 9350.3. “Board of Administration” or “board” means the Board of Administration of the Public Employees’ Retirement System. (Amended by Stats. 1969, Ch. 122.)
  113. 9350.4.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 1. Definitions and General Provisions [9350 - 9351.4] ( Article 1 added by Stats. 1947, Ch. 879. )

    Verify source ↗

    “Retirement Fund” or “fund” means the Legislators’ Retirement Fund created by this chapter.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 1. Definitions and General Provisions [9350 - 9351.4] ( Article 1 added by Stats. 1947, Ch. 879. ) ## 9350.4. “Retirement Fund” or “fund” means the Legislators’ Retirement Fund established by this chapter. (Added by Stats. 1947, Ch. 879.)
  114. 9350.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 1. Definitions and General Provisions [9350 - 9351.4] ( Article 1 added by Stats. 1947, Ch. 879. )

    Verify source ↗

    “Member” means any person who is a member of this system.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 1. Definitions and General Provisions [9350 - 9351.4] ( Article 1 added by Stats. 1947, Ch. 879. ) ## 9350.5. “Member” means any person who is a member of this system. (Added by Stats. 1947, Ch. 879.)
  115. 9350.55.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 1. Definitions and General Provisions [9350 - 9351.4] ( Article 1 added by Stats. 1947, Ch. 879. )

    Verify source ↗

    This section defines “legislative statutory officer” as certain named legislative officers with at least 10 years of full-time state service.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 1. Definitions and General Provisions [9350 - 9351.4] ( Article 1 added by Stats. 1947, Ch. 879. ) ## 9350.55. “Legislative statutory officer” means any of the following officers who has 10 or more years’ full-time state service: (a) the Secretary of the Senate, (b) the Chief Clerk of the Assembly, (c) the Sergeant at Arms of the Senate, and (d) the Sergeant at Arms of the Assembly. (Added by Stats. 1969, Ch. 193.)
  116. 9350.56.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 1. Definitions and General Provisions [9350 - 9351.4] ( Article 1 added by Stats. 1947, Ch. 879. )

    Verify source ↗

    This section defines “state service” as employment with the Legislature or either house of the Legislature as an officer or employee.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 1. Definitions and General Provisions [9350 - 9351.4] ( Article 1 added by Stats. 1947, Ch. 879. ) ## 9350.56. “State service,” within the meaning of Sections 9350.55, 9356.15, and 9356.16 means employment with the Legislature or either house thereof as an officer or employee. (Amended by Stats. 1998, Ch. 1074, Sec. 2. Effective September 30, 1998.)
  117. 9350.6.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 1. Definitions and General Provisions [9350 - 9351.4] ( Article 1 added by Stats. 1947, Ch. 879. )

    Verify source ↗

    This section defines “compensation” and “salary,” and sets which salary figure is used to calculate certain retirement allowances or benefits.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 1. Definitions and General Provisions [9350 - 9351.4] ( Article 1 added by Stats. 1947, Ch. 879. ) ## 9350.6. (a) “Compensation” and “salary” mean the remuneration paid in cash out of funds controlled by the state, excluding mileage, reimbursement for expenses incurred in the performance of official duties, any per diem allowance paid in lieu of those expenses and as limited by Section 9359.05. (b) Notwithstanding any other provision of this chapter, for purposes of computing a retirement allowance or benefit of a Member of the Legislature, the salary used shall be the highest salary received by the Member of the Legislature while in office. (c) For purposes of calculating a retirement allowance or benefit pursuant to subdivision (b) of Section 9359.1 for a person who first enters this system on or after January 1, 2008, as the Insurance Commissioner or as an elective officer of the state whose office is provided for by the Constitution other than a judge or a Member of the Senate or Assembly, the compensation or salary used shall be the highest average salary received by the member during any consecutive 12-month period of service. (Amended by Stats. 2007, Ch. 74, Sec. 1. Effective January 1, 2008.)
  118. 9350.7.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 1. Definitions and General Provisions [9350 - 9351.4] ( Article 1 added by Stats. 1947, Ch. 879. )

    Verify source ↗

    “Regular interest” means the annual rate fixed by the board, compounded annually, plus any additional interest the board may credit from year to year.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 1. Definitions and General Provisions [9350 - 9351.4] ( Article 1 added by Stats. 1947, Ch. 879. ) ## 9350.7. “Regular interest” means interest at the annual rate fixed by the board, compounded annually, plus such additional interest as the board may credit from year to year. (Added by Stats. 1947, Ch. 879.)
  119. 9350.8.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 1. Definitions and General Provisions [9350 - 9351.4] ( Article 1 added by Stats. 1947, Ch. 879. )

    Verify source ↗

    This section defines “contributions” as contributions made by a member at the rate set in this chapter, and not contributions made by the state unless context requires otherwise.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 1. Definitions and General Provisions [9350 - 9351.4] ( Article 1 added by Stats. 1947, Ch. 879. ) ## 9350.8. “Contributions” means contributions made by a member at the rate of contribution prescribed in this chapter and not contributions made by the state unless the context otherwise requires a different construction. (Amended by Stats. 1980, Ch. 1213.)
  120. 9350.9.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 1. Definitions and General Provisions [9350 - 9351.4] ( Article 1 added by Stats. 1947, Ch. 879. )

    Verify source ↗

    “Accumulated contributions” means the sum of contributions credited to a member’s account plus interest.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 1. Definitions and General Provisions [9350 - 9351.4] ( Article 1 added by Stats. 1947, Ch. 879. ) ## 9350.9. “Accumulated contributions” means the sum of all contributions standing to the credit of a member’s account, and interest thereon. (Added by Stats. 1947, Ch. 879.)
  121. 9351.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 1. Definitions and General Provisions [9350 - 9351.4] ( Article 1 added by Stats. 1947, Ch. 879. )

    Verify source ↗

    This section defines “service” for legislator retirement calculations and sets how certain terms of service are counted as calendar years.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 1. Definitions and General Provisions [9350 - 9351.4] ( Article 1 added by Stats. 1947, Ch. 879. ) ## 9351. “Service” means the period of time, computed in years and fractions thereof, a member has held office as a Member of the Senate or of the Assembly or as an elective officer of the state in any office provided for by the Constitution, except that of judge. “Service,” with respect to a legislative statutory officer, shall be construed to refer to “state service,” as defined in Section 9350.56. In computing years of service under this act, each full term served as a Member of the Senate shall be deemed to constitute four (4) calendar years, each full term served as a Member of the Assembly shall be deemed to constitute two (2) calendar years, and each period of service from the commencement of one general session of the Legislature to the commencement of the next, prior to the term commencing in 1967, shall be deemed to constitute two (2) calendar years. Commencing in 1967, each period of service from the commencement of one regular session of the Legislature to the commencement of the next shall be deemed to constitute one (1) calendar year. Commencing in 1973, each period of service from the commencement of one regular session of the Legislature to the commencement of the next shall be deemed to constitute two (2) calendar years. Each full term served as an elective officer of the state whose office is provided for by the Constitution shall be deemed to constitute four (4) calendar years. (Amended by Stats. 1973, Ch. 7.)
  122. 9351.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 1. Definitions and General Provisions [9350 - 9351.4] ( Article 1 added by Stats. 1947, Ch. 879. )

    Verify source ↗

    This section defines “retirement” as withdrawal from membership in the system with a retirement allowance under this chapter.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 1. Definitions and General Provisions [9350 - 9351.4] ( Article 1 added by Stats. 1947, Ch. 879. ) ## 9351.1. “Retirement” means withdrawal from membership in this system with a retirement allowance granted under this chapter. (Added by Stats. 1947, Ch. 879.)
  123. 9351.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 1. Definitions and General Provisions [9350 - 9351.4] ( Article 1 added by Stats. 1947, Ch. 879. )

    Verify source ↗

    “Benefit” is defined as a retirement or survivor allowance under this chapter, or as certain payments tied to a member’s death.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 1. Definitions and General Provisions [9350 - 9351.4] ( Article 1 added by Stats. 1947, Ch. 879. ) ## 9351.2. “Benefit” means the retirement or survivor allowance granted under this chapter or payment of accumulated contributions or lump-sum payments with respect to the death of a member. (Amended by Stats. 1980, Ch. 1213.)
  124. 9351.3.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 1. Definitions and General Provisions [9350 - 9351.4] ( Article 1 added by Stats. 1947, Ch. 879. )

    Verify source ↗

    This section defines “Legislator” for this chapter.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 1. Definitions and General Provisions [9350 - 9351.4] ( Article 1 added by Stats. 1947, Ch. 879. ) ## 9351.3. “Legislator” means a Member of the Assembly or a Member of the Senate, an elective officer of the state whose office is provided by the Constitution, the Insurance Commissioner, or a legislative statutory officer. (Amended by Stats. 1993, Ch. 1227, Sec. 1. Effective January 1, 1994.)
  125. 9351.4.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 1. Definitions and General Provisions [9350 - 9351.4] ( Article 1 added by Stats. 1947, Ch. 879. )

    Verify source ↗

    References to spouse, surviving spouse, and marriage in this chapter also apply to domestic partners and domestic partnerships.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 1. Definitions and General Provisions [9350 - 9351.4] ( Article 1 added by Stats. 1947, Ch. 879. ) ## 9351.4. All references to “spouse,” “surviving spouse,” or “marriage” in this chapter apply equally to a domestic partner or domestic partnership, as defined in Section 297 of the Family Code, and all rights and responsibilities granted to a spouse or surviving spouse shall be granted equally to a domestic partner to the extent provided by Section 297.5 of the Family Code. (Added by Stats. 2012, Ch. 833, Sec. 1. (SB 987) Effective January 1, 2013.)
  126. 9353.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 2. Administration [9353 - 9354.7] ( Article 2 added by Stats. 1947, Ch. 879. )

    Verify source ↗

    The Board of Administration of the Public Employees’ Retirement System must administer this system, subject to listed exceptions and applicable Pension Reform Act provisions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 2. Administration [9353 - 9354.7] ( Article 2 added by Stats. 1947, Ch. 879. ) ## 9353. This system shall be administered by the Board of Administration of the Public Employees’ Retirement System. The board shall administer this system in accordance with the provisions of the Public Employees’ Retirement Law to the same extent and with the same effect as if those provisions are contained in the Legislators’ Retirement Law, except for those provisions which provide for the payment of an allowance or other benefit and except for those provisions which conflict with any provision or provisions of the Legislators’ Retirement Law. To the extent applicable, the board shall also administer this system in conformance with the California Public Employees’ Pension Reform Act of 2013 (Article 4 (commencing with Section 7522) of Chapter 21 of Division 7 of Title 1) to the same extent and with the same effect as if the provisions of the act are contained in the Legislators’ Retirement Law. If the Board of Administration of the Public Employees’ Retirement System determines that there is a conflict between the provisions of the California Public Employees’ Pension Reform Act of 2013 and this chapter, the provisions of the California Public Employees’ Pension Reform Act of 2013 shall control. (Amended by Stats. 2013, Ch. 526, Sec. 1. (SB 220) Effective January 1, 2014.)
  127. 9353.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 2. Administration [9353 - 9354.7] ( Article 2 added by Stats. 1947, Ch. 879. )

    Verify source ↗

    The board may make rules it considers necessary and proper to administer this system.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 2. Administration [9353 - 9354.7] ( Article 2 added by Stats. 1947, Ch. 879. ) ## 9353.1. The board may make such rules as it deems necessary and proper for the administration of this system. (Added by Stats. 1947, Ch. 879.)
  128. 9353.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 2. Administration [9353 - 9354.7] ( Article 2 added by Stats. 1947, Ch. 879. )

    Verify source ↗

    The board decides who counts as a member of the system and controls the conditions for being admitted to, and continuing to receive, benefits.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 2. Administration [9353 - 9354.7] ( Article 2 added by Stats. 1947, Ch. 879. ) ## 9353.2. The board shall determine who are members of this system and is the sole judge of the conditions under which persons may be admitted to and continue to receive benefits under this system. (Added by Stats. 1947, Ch. 879.)
  129. 9353.3.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 2. Administration [9353 - 9354.7] ( Article 2 added by Stats. 1947, Ch. 879. )

    Verify source ↗

    The board must set the interest rate earned on the Legislators’ Retirement Fund and credit members’ and retired members’ contributions with interest at the net earnings rate, compounded each June 30.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 2. Administration [9353 - 9354.7] ( Article 2 added by Stats. 1947, Ch. 879. ) ## 9353.3. From time to time the board shall determine the rate of interest being earned on the Legislators’ Retirement Fund, and shall credit all contributions of members and retired members with interest at the net earnings rate, compounded at each June 30th. (Amended by Stats. 1985, Ch. 168, Sec. 2.)
  130. 9353.4.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 2. Administration [9353 - 9354.7] ( Article 2 added by Stats. 1947, Ch. 879. )

    Verify source ↗

    The board may, at the end of each fiscal year, credit extra interest to fund contributions, but only up to a cap tied to the fund’s earnings.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 2. Administration [9353 - 9354.7] ( Article 2 added by Stats. 1947, Ch. 879. ) ## 9353.4. At the end of each fiscal year the board may credit to all contributions held in the fund at June 30th of the then current fiscal year, such interest in excess of the current rate as it deems proper in the light of the earnings on the fund during that fiscal year, but not more than the difference between such earnings and the interest credited at the current rate to contributions during that year. (Added by Stats. 1947, Ch. 879.)
  131. 9353.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 2. Administration [9353 - 9354.7] ( Article 2 added by Stats. 1947, Ch. 879. )

    Verify source ↗

    Each member of this system must file any information about their membership status that the board requires.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 2. Administration [9353 - 9354.7] ( Article 2 added by Stats. 1947, Ch. 879. ) ## 9353.5. Each member of this system shall file with the board any information affecting his or her status as a member as the board may require. (Amended by Stats. 2002, Ch. 664, Sec. 89. Effective January 1, 2003.)
  132. 9353.6.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 2. Administration [9353 - 9354.7] ( Article 2 added by Stats. 1947, Ch. 879. )

    Verify source ↗

    The Chief Clerk of the Assembly, the Secretary of the Senate, and the Secretary of State must give the board immediate written notice of specified changes in status.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 2. Administration [9353 - 9354.7] ( Article 2 added by Stats. 1947, Ch. 879. ) ## 9353.6. The Chief Clerk of the Assembly shall give the board immediate written notice of the change in status of any legislative statutory officer elected by the Assembly or Member of the Assembly resulting from induction into office, resignation, expulsion, death, or any other circumstances terminating his or her office as Member of the Assembly, or as a legislative statutory officer, and the Secretary of the Senate shall give the board immediate written notice of any change in status of any Member of the Senate or legislative statutory officer elected by the Senate. The Secretary of State shall give the board immediate written notice of any change in status of any elective state officer who is eligible to membership in the system. (Amended by Stats. 2002, Ch. 664, Sec. 89.1. Effective January 1, 2003.)
  133. 9353.7.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 2. Administration [9353 - 9354.7] ( Article 2 added by Stats. 1947, Ch. 879. )

    Verify source ↗

    If the board cannot determine service, compensation, or age from the records, or if a member refuses or fails to provide a statement, the board may estimate those facts.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 2. Administration [9353 - 9354.7] ( Article 2 added by Stats. 1947, Ch. 879. ) ## 9353.7. If it is impracticable for the board to determine from the records the length of service, compensation, or age of any member of this system, or if any member refuses or fails to give the board a statement of his or her state service, compensation, or age, the board may estimate the length of service, compensation, or age. (Amended by Stats. 2002, Ch. 664, Sec. 89.2. Effective January 1, 2003.)
  134. 9353.8.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 2. Administration [9353 - 9354.7] ( Article 2 added by Stats. 1947, Ch. 879. )

    Verify source ↗

    If too much or too little contribution is paid, the amount must be adjusted later or corrected by direct cash payment.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 2. Administration [9353 - 9354.7] ( Article 2 added by Stats. 1947, Ch. 879. ) ## 9353.8. If more or less than the correct amount of contribution required of members or the State is paid, proper adjustment shall be made in connection with subsequent payments, or such adjustments may be made by direct cash payments between the member or the State and the board. Adjustments to correct any other errors in payments to or by the board may be made in the same manner. (Added by Stats. 1947, Ch. 879.)
  135. 9354.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 2. Administration [9353 - 9354.7] ( Article 2 added by Stats. 1947, Ch. 879. )

    Verify source ↗

    The section establishes the Legislators’ Retirement Fund in the State Treasury and directs certain receipts and payments to move through that fund.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 2. Administration [9353 - 9354.7] ( Article 2 added by Stats. 1947, Ch. 879. ) ## 9354. The Legislators’ Retirement Fund in the State Treasury is hereby established. All moneys received by this system pursuant to this chapter shall be deposited in the fund, and all retirement allowances, benefits, optional settlements, and other obligations or payments payable by this system pursuant to this chapter shall be paid from the fund. Costs of administration shall be paid from annual appropriations from earnings on the fund. Notwithstanding Section 13340, all moneys in the fund are continuously appropriated without regard to fiscal years. (Amended by Stats. 1991, Ch. 892, Sec. 1.5. Effective October 14, 1991.)
  136. 9354.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 2. Administration [9353 - 9354.7] ( Article 2 added by Stats. 1947, Ch. 879. )

    Verify source ↗

    The board has exclusive control over administering and investing the fund.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 2. Administration [9353 - 9354.7] ( Article 2 added by Stats. 1947, Ch. 879. ) ## 9354.1. The board has the exclusive control of the administration and investment of the fund, with the same powers and duties, and subject to the same limitations and restrictions, that are applicable to the administration and investment of the Public Employees’ Retirement Fund. All of the provisions of the Public Employees’ Retirement Law applicable to the administration, investment, and custody of the Public Employees’ Retirement Fund are hereby made applicable to the Legislators’ Retirement Fund, to the same extent and with the same effect as if the Legislators’ Retirement Fund were expressly mentioned therein. (Amended by Stats. 1969, Ch. 122.)
  137. 9354.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 2. Administration [9353 - 9354.7] ( Article 2 added by Stats. 1947, Ch. 879. )

    Verify source ↗

    The board must keep records and accounts showing certain contribution totals.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 2. Administration [9353 - 9354.7] ( Article 2 added by Stats. 1947, Ch. 879. ) ## 9354.2. In addition to other records and accounts, the board shall keep such records and accounts as may be necessary to show at any time: (a) The total accumulated contributions of members. (b) The accumulated contributions of the State held on account of members, which shall include the amounts available to meet the obligation of the State on account of benefits granted to retired members. (Added by Stats. 1947, Ch. 879.)
  138. 9354.3.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 2. Administration [9353 - 9354.7] ( Article 2 added by Stats. 1947, Ch. 879. )

    Verify source ↗

    The board must file an annual work report with the Governor and send a copy to each house of the Legislature by March 15 after the fiscal year ends; it may also send copies to members and beneficiaries.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 2. Administration [9353 - 9354.7] ( Article 2 added by Stats. 1947, Ch. 879. ) ## 9354.3. As soon as practicable after the close of each fiscal year, the board shall file with the Governor a report of its work for such fiscal year. Not later than March 15th next following the close of the fiscal year, the board shall transmit a copy of such report to each house of the Legislature and may transmit a copy to every member and beneficiary of the system. (Amended by Stats. 1980, Ch. 1213.)
  139. 9354.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 2. Administration [9353 - 9354.7] ( Article 2 added by Stats. 1947, Ch. 879. )

    Verify source ↗

    The board must keep actuarial data, arrange periodic actuarial investigations and valuations, determine the interest rate earned, and publish a financial statement with financing recommendations.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 2. Administration [9353 - 9354.7] ( Article 2 added by Stats. 1947, Ch. 879. ) ## 9354.5. The board shall keep in convenient form such data as is necessary for the actuarial valuation of this system. As of June 30, 1973, and thereafter at the ends of periods not to exceed four years, it shall cause to be made an actuarial investigation into the mortality, service and compensation experience of members and persons receiving benefits and an actuarial valuation of the assets and liabilities of this system. From time to time it shall determine the rate of interest being earned on the Legislators’ Retirement Fund. The board shall cause to be published, as of the date of the investigation and valuation, a financial statement showing an actuarial valuation of the assets and liabilities of this system and a statement as to the accumulated cash and securities in the Legislators’ Retirement Fund as certified by the Controller. The board shall include recommendations for financing the system in the financial statement. (Added by Stats. 1972, Ch. 1192.)
  140. 9354.6.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 2. Administration [9353 - 9354.7] ( Article 2 added by Stats. 1947, Ch. 879. )

    Verify source ↗

    The board may adopt necessary actuarial assumptions when there is not enough data, if advised by the actuary.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 2. Administration [9353 - 9354.7] ( Article 2 added by Stats. 1947, Ch. 879. ) ## 9354.6. When there is insufficient data upon which to establish mortality rates or other actuarial assumptions required to evaluate the obligations of the system, the board may adopt appropriate assumptions which are necessary, upon the advice and recommendation of the actuary. All computations, payments, and other acts previously made or done by the board or its officers and employees which would be valid if this section had been in effect at the time the computations, payments, or other acts were made or done are hereby ratified, confirmed, and validated. (Added by Stats. 1981, Ch. 388, Sec. 1.)
  141. 9354.7.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 2. Administration [9353 - 9354.7] ( Article 2 added by Stats. 1947, Ch. 879. )

    Verify source ↗

    Unclaimed retirement payments or benefits are held under this section, and if not claimed within four years after redeposit they revert to the fund; the board may later return them to a claimant with satisfactory information.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 2. Administration [9353 - 9354.7] ( Article 2 added by Stats. 1947, Ch. 879. ) ## 9354.7. (a) Whenever a person entitled to payment of a member’s accumulated contributions or any other benefit fails to claim the payment or cannot be located or a warrant in payment is canceled pursuant to Section 17070, the amount owed from the retirement fund shall be administered in accordance with subdivision (c). (b) Whenever the amount of a benefit payable by this system cannot be determined because the recipient cannot be identified or information necessary to determination of the benefit to be paid cannot be ascertained, the accumulated contributions of the member on whose account the benefit is payable shall be administered in accordance with subdivision (c). (c) Notwithstanding any provision of law to the contrary, the amounts described in subdivisions (a) and (b) shall be held, or if a warrant has been drawn the warrant shall be redeposited in the retirement fund and held for the claimant without further accumulation of interest, and the redeposit shall not operate to reinstate the membership of the person with respect to whose membership the refund or benefit was payable in this system. If the proceeds, whether heretofore or hereafter redeposited, are not claimed within four years after the date of the redeposit, they shall revert to and become part of the fund. Transfer to the fund shall be made as of the June 30th next following the expiration of the four-year period. The board may at any time after transfer of proceeds to the fund upon receipt of proper information satisfactory to it, return the proceeds to the credit of the claimant, to be administered in the manner provided under this system. (Added by Stats. 1983, Ch. 773, Sec. 1.)
  142. 9355.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 3. Membership [9355 - 9355.8] ( Article 3 added by Stats. 1947, Ch. 879. )

    Verify source ↗

    A senator or assembly member may file a written election with the board to join the system during their term.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 3. Membership [9355 - 9355.8] ( Article 3 added by Stats. 1947, Ch. 879. ) ## 9355. Any Member of the Senate or Assembly may file with the board at any time during incumbency in that office, a written election to become a member of this system. Upon the filing of the election he or she becomes a member of this system on the first day of the month following the filing of the election. (Amended by Stats. 2002, Ch. 664, Sec. 89.3. Effective January 1, 2003.)
  143. 9355.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 3. Membership [9355 - 9355.8] ( Article 3 added by Stats. 1947, Ch. 879. )

    Verify source ↗

    A person stops being a member of the system when they retire, die, resign from membership, or—subject to stated exceptions—31 days after ceasing to be a legislator.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 3. Membership [9355 - 9355.8] ( Article 3 added by Stats. 1947, Ch. 879. ) ## 9355.1. A person ceases to be a member of this system: (a) Upon retirement pursuant to this chapter. (b) Upon death. (c) Except as provided in Section 9355.2 or while absent on military service, on the 31st day after he or she ceases to be a legislator. (d) Upon resignation from membership in this system. (Amended by Stats. 2002, Ch. 664, Sec. 89.4. Effective January 1, 2003.)
  144. 9355.16.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 3. Membership [9355 - 9355.8] ( Article 3 added by Stats. 1947, Ch. 879. )

    Verify source ↗

    A member charged by indictment with certain specified felonies and who is a fugitive from justice must be suspended from membership while the charge is pending.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 3. Membership [9355 - 9355.8] ( Article 3 added by Stats. 1947, Ch. 879. ) ## 9355.16. Any member of this system who is charged, by indictment, with the commission of any felony involving the accepting or giving, or offering to accept or give, any bribe, the embezzlement of public money, extortion, theft of public funds, perjury, or conspiracy to commit any of these crimes, arising directly out of his or her official duties, and who is a fugitive from justice, shall be suspended from membership in this system while the charge is pending and until final disposition of the charge. At any time during the period of suspension of membership, the person so suspended shall be entitled to withdraw his or her accumulated contributions from the system, and any withdrawal shall constitute an election to terminate membership in the system. This section applies only to persons who are charged with the commission after the effective date of this section of a felony described in this section by an indictment filed after the effective date of this section. (Amended by Stats. 2002, Ch. 664, Sec. 89.5. Effective January 1, 2003.)
  145. 9355.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 3. Membership [9355 - 9355.8] ( Article 3 added by Stats. 1947, Ch. 879. )

    Verify source ↗

    A member whose service ends for reasons other than death or retirement has 90 days after mailed notice to decide whether to leave accumulated contributions in the fund; if no election is made, it counts as an irrevocable resignation and withdrawal. If membership continues and the member qualifies by age, the member is retired and receives a retirement allowance after applying to the board.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 3. Membership [9355 - 9355.8] ( Article 3 added by Stats. 1947, Ch. 879. ) ## 9355.2. Notwithstanding any other provision of this chapter, if the service of a member is discontinued by any means other than death or retirement pursuant to this chapter, he or she shall have the right to elect not later than 90 days after the date upon which notice of that right is mailed by this system by registered mail to the member’s latest address on file in the office of this system, and without right of revocation, whether to allow his or her accumulated contributions to remain in the fund. Failure to make that election shall be deemed an irrevocable election to resign from this system and withdraw his or her accumulated contributions. A member whose membership continues under this section is subject to the same age requirements as apply to other members for retirement, and upon qualification for retirement by age, he or she shall, upon his or her application therefor to the board, be retired, and receive a retirement allowance based upon the service with which he or she is credited, in the same manner as other members of this system. (Amended by Stats. 2002, Ch. 664, Sec. 89.6. Effective January 1, 2003.)
  146. 9355.3.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 3. Membership [9355 - 9355.8] ( Article 3 added by Stats. 1947, Ch. 879. )

    Verify source ↗

    A member may resign from the system before retirement by filing a written resignation with the Board of Administration.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 3. Membership [9355 - 9355.8] ( Article 3 added by Stats. 1947, Ch. 879. ) ## 9355.3. Any member may resign from this system at any time prior to retirement, by written resignation filed with the Board of Administration. (Added by Stats. 1947, Ch. 879.)
  147. 9355.4.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 3. Membership [9355 - 9355.8] ( Article 3 added by Stats. 1947, Ch. 879. )

    Verify source ↗

    Some state elective officers, except judges, may join this system and may file a written election within 90 days; the section does not apply to people who first become elective officers on or after January 1, 2013.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 3. Membership [9355 - 9355.8] ( Article 3 added by Stats. 1947, Ch. 879. ) ## 9355.4. (a) Every elective officer of the state whose office is provided for by the California Constitution, except judges, may become a member of this system. Except for judges, every elective officer in office at the time this section becomes effective may, within 90 days after the effective date, file with the board a written election to become a member of this system. Except for judges, every elective officer elected after the effective date of this section may file an election within 90 days after the commencement of the first term of office for which he or she is elected. Upon the filing of the election he or she becomes a member of this system on the first day of the month following the filing of the election. (b) This section shall not apply to any person who first becomes an elective officer of the state on or after January 1, 2013. (Amended by Stats. 2012, Ch. 296, Sec. 16. (AB 340) Effective January 1, 2013.)
  148. 9355.41.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 3. Membership [9355 - 9355.8] ( Article 3 added by Stats. 1947, Ch. 879. )

    Verify source ↗

    The Insurance Commissioner may become a member of the system, and an eligible commissioner may file an election within 90 days after the term starts.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 3. Membership [9355 - 9355.8] ( Article 3 added by Stats. 1947, Ch. 879. ) ## 9355.41. (a) The Insurance Commissioner may become a member of this system as provided in this section. An Insurance Commissioner who is elected after January 1, 1994, may file an election within 90 days after the commencement of the term of office for which he or she is elected. Upon the filing of the election he or she becomes a member of this system on the first day of the month following the filing of the election. (b) This section shall not apply to an Insurance Commissioner who is first elected on or after January 1, 2013. (Amended by Stats. 2012, Ch. 296, Sec. 17. (AB 340) Effective January 1, 2013.)
  149. 9355.45.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 3. Membership [9355 - 9355.8] ( Article 3 added by Stats. 1947, Ch. 879. )

    Verify source ↗

    A legislative statutory officer may become a member of this system, and some officers may file a written election with the board within 90 days of the relevant date.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 3. Membership [9355 - 9355.8] ( Article 3 added by Stats. 1947, Ch. 879. ) ## 9355.45. (a) Every legislative statutory officer may become a member of this system. Every such officer in office at the time this section becomes effective may, within 90 days after the effective date, file with the board a written election to become a member of this system. Every such officer, elected after the effective date of this section, may file an election within 90 days after the commencement of the first term of office for which he or she is elected after attaining status as a legislative statutory officer. Upon the filing of the election he or she becomes a member of this system on the first day of the month following the filing of the election. (b) This section shall not apply to any person who first becomes a legislative statutory officer on or after January 1, 2013. (Amended by Stats. 2012, Ch. 296, Sec. 18. (AB 340) Effective January 1, 2013.)
  150. 9355.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 3. Membership [9355 - 9355.8] ( Article 3 added by Stats. 1947, Ch. 879. )

    Verify source ↗

    Membership in this retirement system is exclusive, and a member cannot stay in another state-officer-or-employee retirement system at the same time.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 3. Membership [9355 - 9355.8] ( Article 3 added by Stats. 1947, Ch. 879. ) ## 9355.5. Membership in this system is exclusive of membership in any other retirement system for state officers and employees. Upon becoming a member of this system, a member ceases to be a member of any other retirement system for state officers and employees of which he or she has been a member. The member is entitled to credit for service rendered prior to membership in this system pursuant to Section 9356.1, but is not entitled to that credit and credit for the same service in any other system. (Amended by Stats. 2002, Ch. 664, Sec. 89.9. Effective January 1, 2003.)
  151. 9355.6.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 3. Membership [9355 - 9355.8] ( Article 3 added by Stats. 1947, Ch. 879. )

    Verify source ↗

    A member is treated as absent on military service while serving with the U.S. armed forces in the listed war, emergency, or draft situations, and for six months after.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 3. Membership [9355 - 9355.8] ( Article 3 added by Stats. 1947, Ch. 879. ) ## 9355.6. A member is absent on military service while serving with the armed forces of the United States, either during a war as defined in Section 18 of the Military and Veterans Code, or in any other national emergency or in time of peace if he is drafted for such service by the United States Government, and for six months thereafter. (Added by Stats. 1951, Ch. 384.)
  152. 9355.7.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 3. Membership [9355 - 9355.8] ( Article 3 added by Stats. 1947, Ch. 879. )

    Verify source ↗

    A qualifying member of the Senate or Assembly who resigns after being elected or appointed to another public office can receive service credit for the rest of the term if required contributions are made to the Legislators’ Retirement Fund.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 3. Membership [9355 - 9355.8] ( Article 3 added by Stats. 1947, Ch. 879. ) ## 9355.7. Any member who, while serving a term of office as a Member of the Senate or Assembly, is elected or appointed to another public office and resigns his or her office as Member of the Senate or Assembly shall be credited with a period of service equal to the remainder of his or her term as Member of the Senate or Assembly if he or she makes contributions therefor to the Legislators’ Retirement Fund. Those contributions shall be in an amount equal to that which he or she would have made if he or she had served as a Member of the Senate or Assembly during the remainder of his or her term and had received the salary that he or she was receiving on the effective date of such resignation. (Amended by Stats. 2002, Ch. 664, Sec. 90. Effective January 1, 2003.)
  153. 9355.8.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 3. Membership [9355 - 9355.8] ( Article 3 added by Stats. 1947, Ch. 879. )

    Verify source ↗

    This section defines “public office” for Section 9355.7 to include certain federal government positions requiring presidential or cabinet-level appointment, if the appointee later is elected to the Senate or Assembly. It applies both retroactively and prospectively and does not take away credit already earned for service as of the section’s effective date.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 3. Membership [9355 - 9355.8] ( Article 3 added by Stats. 1947, Ch. 879. ) ## 9355.8. For purposes of Section 9355.7, “public office” includes, but is not limited to, positions within the federal government that require appointment by the President of the United States or his or her delegate or a member of the President’s Cabinet or his or her delegate, if the person so appointed is thereafter again elected as a Member of the Senate or Assembly. This section shall have retroactive application, as well as prospective application, but this section shall not deprive a member of credit for any service credited to him or her on the effective date of this section. (Amended by Stats. 2002, Ch. 664, Sec. 90.1. Effective January 1, 2003.)
  154. 9356.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 4. Service [9356 - 9356.5] ( Article 4 added by Stats. 1947, Ch. 879. )

    Verify source ↗

    Members of this retirement system are entitled to service credit for legislative service while they are members, and may also get credit for earlier legislative service if they make the required contributions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 4. Service [9356 - 9356.5] ( Article 4 added by Stats. 1947, Ch. 879. ) ## 9356. Each member of this system shall receive credit for service for time during which he or she holds office as a legislator after becoming a member of this system. A member may also receive credit for time during which he or she held office as a legislator prior to becoming a member, provided he or she makes contributions therefor to the Legislators’ Retirement Fund, as provided in Section 9357.2. (Amended by Stats. 2002, Ch. 664, Sec. 90.2. Effective January 1, 2003.)
  155. 9356.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 4. Service [9356 - 9356.5] ( Article 4 added by Stats. 1947, Ch. 879. )

    Verify source ↗

    A member may get credit for prior service only if contributions are made to the Legislators’ Retirement Fund as required.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 4. Service [9356 - 9356.5] ( Article 4 added by Stats. 1947, Ch. 879. ) ## 9356.1. Each member who rendered service prior to the date this chapter becomes operative shall receive credit therefor if he or she makes contributions therefor to the Legislators’ Retirement Fund, as provided in Section 9357.2. No member shall receive credit for any service for which he or she has not contributed as required by this chapter. (Amended by Stats. 2002, Ch. 664, Sec. 90.3. Effective January 1, 2003.)
  156. 9356.15.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 4. Service [9356 - 9356.5] ( Article 4 added by Stats. 1947, Ch. 879. )

    Verify source ↗

    Some system members may get state-service credit before membership if they make the required contributions; the contribution rate is 6.5% in that case, and 8% for certain later entrants.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 4. Service [9356 - 9356.5] ( Article 4 added by Stats. 1947, Ch. 879. ) ## 9356.15. Any person who is a member of the system pursuant to Section 9355.45 may also receive credit for state service prior to the date he or she became a member, whether that service was rendered before or after the operative date of this section, provided that he or she makes the contributions required by Section 9357.2, but at the rate of 61/2 percent. If he or she elects to make a contribution with respect to service credited under the Public Employees’ Retirement System, he or she shall receive a refund of his or her accumulated contributions in that system with respect to all of his or her state service. The contribution rate for a person who first commences service in any of the offices listed in Section 9350.55 or who becomes a member of this system on or after January 1, 1982, shall be 8 percent. (Amended by Stats. 2002, Ch. 664, Sec. 90.4. Effective January 1, 2003.)
  157. 9356.16.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 4. Service [9356 - 9356.5] ( Article 4 added by Stats. 1947, Ch. 879. )

    Verify source ↗

    A system member may get credit for earlier state service if required contributions are made, and the contribution rate is 6.5% in that case. A person who first begins service and joins on or after January 1, 1982 must contribute at 8%.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 4. Service [9356 - 9356.5] ( Article 4 added by Stats. 1947, Ch. 879. ) ## 9356.16. Any person who is a member of the system may also receive credit for state service prior to the date he or she became a member, whether the service was rendered before or after the operative date of this section, provided that he or she makes the contributions required by Section 9357.2, but at the rate of 61/2 percent. If he or she elects to make these contribution with respect to service credited under the Public Employees’ Retirement System, his or her accumulated contributions, including accrued interest, under that system shall be transferred to his or her account under this system. Contributions transferred from the Public Employees’ Retirement System shall reduce the contributions otherwise required by this section. The contribution rate for a person who first commences service and who becomes a member of this system on or after January 1, 1982, shall be 8 percent. (Added by Stats. 1998, Ch. 1074, Sec. 3. Effective September 30, 1998.)
  158. 9356.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 4. Service [9356 - 9356.5] ( Article 4 added by Stats. 1947, Ch. 879. )

    Verify source ↗

    A member is entitled to service credit for time absent on military service if the stated membership or legislator-status conditions are met.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 4. Service [9356 - 9356.5] ( Article 4 added by Stats. 1947, Ch. 879. ) ## 9356.2. Each member shall receive credit for service while absent on military service, provided he or she is a member at the time the absence commences or, in the case of military service prior to the effective date of this section, provided he or she was a legislator at the time the absence commenced. Contributions required for credit under this section shall be computed only upon compensation paid, if any, for the period of the absence on military service. (Amended by Stats. 2002, Ch. 664, Sec. 90.5. Effective January 1, 2003.)
  159. 9356.21.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 4. Service [9356 - 9356.5] ( Article 4 added by Stats. 1947, Ch. 879. )

    Verify source ↗

    Certain members or former members may get military service credit if they meet the service and timing conditions, but they must contribute for it and the credit is capped.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 4. Service [9356 - 9356.5] ( Article 4 added by Stats. 1947, Ch. 879. ) ## 9356.21. Each member or former member who has 10 years of credited service in this system shall receive credit for active service of not less than one year in the armed forces of the United States, or continuous active service of not less than one year in the Merchant Marine of the United States prior to January 1, 1950, which service was rendered prior to assuming for the first time a state office for which membership in the system was elective and terminated with a discharge under other than dishonorable conditions; provided, however, that the credit to be given for that service shall be on the basis of one year of credit for each five years of credited service in this system, but shall not exceed a total of four years regardless of the number of years of either that service or subsequent service in this system. However, any member or retired former member electing to receive a credit for such military service shall contribute in lump sum or by installments over such period and subject to such minimum payments as may be prescribed by regulations of the board, at the member’s contribution rate at the time of election or the retired person’s contribution rate at retirement applied, respectively, to the average annual compensation of the member over the three years immediately preceding the election or the average annual compensation of the retired person over the three years immediately preceding retirement. Military service credit shall not be granted for any military service to which any of the following apply: (a) In any period for which credit is otherwise given under Section 9356.2. (b) For which service credit was received under any other retirement system. (c) To the extent that total credit under this section would exceed four years. An election by a member with respect to military service under this section may be made only while the member is in this system. Any resulting increase in the allowance of a retired former member shall be applied prospectively only. (Amended by Stats. 1988, Ch. 477, Sec. 1.)
  160. 9356.3.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 4. Service [9356 - 9356.5] ( Article 4 added by Stats. 1947, Ch. 879. )

    Verify source ↗

    This section lets certain legislators count service in an unexpired term as full-year or full-term service if they make required contributions to the Legislators’ Retirement Fund.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 4. Service [9356 - 9356.5] ( Article 4 added by Stats. 1947, Ch. 879. ) ## 9356.3. This section applies to any member heretofore or hereafter elected to fill an unexpired term of office as Member of the Legislature, and who is a Member of the Legislature on the effective date of this section as amended at the 1961 General Session or who becomes a Member of the Legislature after that date. (a) If the member is elected as a Member of the Legislature at a special election held prior to June 15 of any calendar year, the period of service of the member during the remainder of that calendar year shall constitute one calendar year of service for the purpose of computing service under this act if he or she makes contributions therefor to the Legislators’ Retirement Fund. Those contributions shall be in an amount equal to that which he or she would have made if he or she had served as a legislator during the period of the calendar year prior to his or her election. (b) If the time of service of a member elected to fill an unexpired term of office as Member of the Legislature amounts to more than one-half of the full term for that office, he or she shall receive credit for service for the full term of office if he or she makes contributions therefor to the Legislators’ Retirement Fund. Those contributions shall be in an amount equal to that which he or she would have made if he or she had served as a legislator during the remainder of the term. (Amended by Stats. 2002, Ch. 664, Sec. 90.6. Effective January 1, 2003.)
  161. 9356.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 4. Service [9356 - 9356.5] ( Article 4 added by Stats. 1947, Ch. 879. )

    Verify source ↗

    Some eligible members may elect to transfer all or part of credited service to the Judges’ Retirement System by written notice before retirement, and they must list the service dates in that notice.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 4. Service [9356 - 9356.5] ( Article 4 added by Stats. 1947, Ch. 879. ) ## 9356.5. Any member whose service is discontinued but whose membership is continued under Section 9355.2 and who becomes a member of the Judges’ Retirement System or is entitled to benefits under the Judges’ Retirement Law, may elect to transfer all or part of the service for which he or she is credited under this system to the Judges’ Retirement System pursuant to Section 75030.5. The election may be made at any time prior to retirement by written notice to the board of administration. The member shall designate in the notice the dates of the service that he or she elects to transfer. Upon receipt of the notice by the board of administration, the member’s accumulated contributions on account of the period of service transferred, and the interest thereon, shall be transferred to the Judges’ Retirement Fund. If the member elects to transfer all of the service for which he or she is credited in this system, his or her membership in this system is terminated. If he or she elects to transfer less than all of the service for which the member is credited in this system, his or her membership is continued under Section 9355.2 and the service with which he or she is credited in this system is reduced by the amount so transferred. Any member whose service is discontinued but whose membership is continued under Section 9355.2 who is entitled to receive credit under this system by making an election to do so and making a contribution to this system for the service, but who has not made the election, may, after becoming a member of the Judges’ Retirement System, elect to receive credit for all or part of that service in the Judges’ Retirement System pursuant to Section 75030.5. Upon making the election, the member may not thereafter elect to be credited in this system with the service so transferred. This section does not apply to any person who, on or after January 1, 1986, first becomes or continues as a legislator, as defined in Section 9351.3, in a term of office that commences on or after January 1, 1986. (Amended by Stats. 2002, Ch. 664, Sec. 90.7. Effective January 1, 2003.)
  162. 9357.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 5. Contributions [9357 - 9358.1] ( Article 5 added by Stats. 1947, Ch. 879. )

    Verify source ↗

    A legislator who is a member of this system must contribute 4% of legislative compensation for each year of service, unless another contribution rule in this chapter applies.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 5. Contributions [9357 - 9358.1] ( Article 5 added by Stats. 1947, Ch. 879. ) ## 9357. For each year of service rendered after the date this chapter becomes operative, each legislator who is a member of this system shall contribute 4 percent of his or her compensation as a legislator unless he or she is subject to other contribution provisions of this chapter. Those contributions shall be paid as provided in Section 9357.1. (Amended by Stats. 2002, Ch. 664, Sec. 90.8. Effective January 1, 2003.)
  163. 9357.01.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 5. Contributions [9357 - 9358.1] ( Article 5 added by Stats. 1947, Ch. 879. )

    Verify source ↗

    For a member first elected after this section becomes operative, the contribution rate is 8 percent.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 5. Contributions [9357 - 9358.1] ( Article 5 added by Stats. 1947, Ch. 879. ) ## 9357.01. Notwithstanding the provisions of Section 9357 or 9357.05, the rate of contribution for a member of the system first elected after the date this section becomes operative shall be 8 percent. (Added by Stats. 1971, Ch. 1820.)
  164. 9357.05.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 5. Contributions [9357 - 9358.1] ( Article 5 added by Stats. 1947, Ch. 879. )

    Verify source ↗

    Members of the system under Section 9355.45 must contribute 6.5% of their compensation for each year of service.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 5. Contributions [9357 - 9358.1] ( Article 5 added by Stats. 1947, Ch. 879. ) ## 9357.05. Each person who is a member of the system pursuant to Section 9355.45 shall contribute 61/2 percent of his or her compensation for each year of service rendered as a member of the system. Those contributions shall be paid as provided in Section 9357.15. (Amended by Stats. 2002, Ch. 664, Sec. 90.9. Effective January 1, 2003.)
  165. 9357.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 5. Contributions [9357 - 9358.1] ( Article 5 added by Stats. 1947, Ch. 879. )

    Verify source ↗

    When a legislator elects to join this system, the board of administration must promptly notify the State Controller of the member’s name, and the Controller must deduct the required contribution from compensation payments and send it to the board for deposit in the Legislators’ Retirement Fund.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 5. Contributions [9357 - 9358.1] ( Article 5 added by Stats. 1947, Ch. 879. ) ## 9357.1. Immediately upon receipt of the written election of a legislator to become a member of this system, the board of administration shall certify to the State Controller the name of that member. The Controller shall deduct from each warrant drawn in payment of compensation to the member the amount of contribution at the rate prescribed by the provisions of this chapter with respect to his or her service as a member of this system, and shall remit that amount to the board of administration, to be deposited in the Legislators’ Retirement Fund. (Amended by Stats. 2002, Ch. 664, Sec. 91. Effective January 1, 2003.)
  166. 9357.15.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 5. Contributions [9357 - 9358.1] ( Article 5 added by Stats. 1947, Ch. 879. )

    Verify source ↗

    The Controller must deduct set percentages from legislators’ compensation warrants and send the money to the board of administration for the Legislators’ Retirement Fund.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 5. Contributions [9357 - 9358.1] ( Article 5 added by Stats. 1947, Ch. 879. ) ## 9357.15. With respect to each person who is a member of the system pursuant to Section 9355.45, the Controller shall deduct 61/2 percent from each warrant drawn in payment of compensation to such member, and 8 percent from each warrant drawn in payment of compensation to such members first elected after March 4, 1972, and shall remit such amount to the board of administration, to be deposited in the Legislators’ Retirement Fund. (Amended by Stats. 1980, Ch. 1213.)
  167. 9357.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 5. Contributions [9357 - 9358.1] ( Article 5 added by Stats. 1947, Ch. 879. )

    Verify source ↗

    Certain members may elect to buy prior-service credit by contributing to the Legislators’ Retirement Fund before retirement, and the board sets the payment timing and method.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 5. Contributions [9357 - 9358.1] ( Article 5 added by Stats. 1947, Ch. 879. ) ## 9357.2. Any member who rendered service prior to the date he or she became a member may elect, at any time prior to retirement, to contribute to the Legislators’ Retirement Fund for each year or fraction thereof for which he or she desires to receive credit for service, a percentage of the compensation received by him or her in respect to that service at the rate prescribed by the provisions of this chapter with respect to his or her service as a member of this system. Those contributions may be paid by lump sum payment or by installment payments over a period not in excess of the length of time for which the member has elected to receive credit for the prior service, at times and in a manner fixed by the board. No member shall receive credit for any service for which he or she has not contributed as required by this chapter. (Amended by Stats. 2002, Ch. 664, Sec. 91.1. Effective January 1, 2003.)
  168. 9357.3.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 5. Contributions [9357 - 9358.1] ( Article 5 added by Stats. 1947, Ch. 879. )

    Verify source ↗

    If a member’s membership ends, the member must be paid all accumulated contributions right away, unless the termination is because of death or retirement under this chapter.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 5. Contributions [9357 - 9358.1] ( Article 5 added by Stats. 1947, Ch. 879. ) ## 9357.3. If the membership of a member is terminated, except by death or retirement pursuant to this chapter, he or she shall be paid forthwith all of his or her accumulated contributions. (Amended by Stats. 1999, Ch. 307, Sec. 1. Effective January 1, 2000.)
  169. 9357.4.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 5. Contributions [9357 - 9358.1] ( Article 5 added by Stats. 1947, Ch. 879. )

    Verify source ↗

    A member may redeposit repaid contributions into the Legislators’ Retirement Fund, using up to 12 monthly or 24 semimonthly payments or one lump sum, and then receives credit for prior service.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 5. Contributions [9357 - 9358.1] ( Article 5 added by Stats. 1947, Ch. 879. ) ## 9357.4. A member may redeposit in the Legislators’ Retirement Fund, in one sum or in not to exceed 12 monthly or 24 semimonthly payments, an amount equal to any accumulated contributions that have been repaid to him or her pursuant to Section 9357.3, subject to minimum payments fixed by the board, and if he or she makes a redeposit, he or she shall receive credit for all service with which he or she was credited at the time of the repayment. (Amended by Stats. 2002, Ch. 664, Sec. 91.2. Effective January 1, 2003.)
  170. 9357.45.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 5. Contributions [9357 - 9358.1] ( Article 5 added by Stats. 1947, Ch. 879. )

    Verify source ↗

    Some former Senate or Assembly members with at least 10 years of service who withdrew contributions before October 1, 1961 may redeposit those contributions, with interest, in a lump sum by December 31, 1965.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 5. Contributions [9357 - 9358.1] ( Article 5 added by Stats. 1947, Ch. 879. ) ## 9357.45. Notwithstanding any other provisions of this chapter, a person who was a member and entitled to be credited with 10 or more years of service as a Member of the Senate or Assembly and who withdrew his or her accumulated contributions prior to October 1, 1961, and after discontinuance of service, may, at any time before December 31, 1965, redeposit in the fund in one sum an amount equal to the accumulated contributions withdrawn plus the interest that would have been credited to those accumulated contributions had they not been withdrawn, using the rate of interest in effect at the time of redeposit. Upon the redeposit the person shall become a member with the rights provided under this chapter to a member who elected under Section 9355.2 to allow his or her contributions to remain in the fund. (Amended by Stats. 2002, Ch. 664, Sec. 91.3. Effective January 1, 2003.)
  171. 9357.46.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 5. Contributions [9357 - 9358.1] ( Article 5 added by Stats. 1947, Ch. 879. )

    Verify source ↗

    Some former members may redeposit withdrawn retirement contributions, with interest, if they are currently employed as members of PERS or STRS.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 5. Contributions [9357 - 9358.1] ( Article 5 added by Stats. 1947, Ch. 879. ) ## 9357.46. Any person who was a member and who withdrew his or her accumulated contributions after discontinuance of service may, at any time while he or she is in employment in which he or she is a member of the Public Employees’ Retirement System or the State Teachers’ Retirement System, redeposit into the fund in one sum an amount equal to the accumulated contributions withdrawn plus the interest that would have been credited to those accumulated contributions had they not been withdrawn, using the rate of interest in effect at the time of redeposit. Upon the redeposit, the person shall become a member with the rights provided a member who elected under Section 9355.2 to allow his or her contributions to remain in the fund. (Amended by Stats. 2002, Ch. 664, Sec. 91.4. Effective January 1, 2003.)
  172. 9357.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 5. Contributions [9357 - 9358.1] ( Article 5 added by Stats. 1947, Ch. 879. )

    Verify source ↗

    If a member returns after membership ends and does not make a redeposit, the person comes back as a new member with no credit for prior service.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 5. Contributions [9357 - 9358.1] ( Article 5 added by Stats. 1947, Ch. 879. ) ## 9357.5. Upon reentering this system after a termination of his or her membership, if a member does not elect to make, or having so elected, does not make, a redeposit, he or she reenters as a new member, without credit for any service. (Amended by Stats. 2002, Ch. 664, Sec. 91.5. Effective January 1, 2003.)
  173. 9358.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 5. Contributions [9357 - 9358.1] ( Article 5 added by Stats. 1947, Ch. 879. )

    Verify source ↗

    The state’s contribution must be set under Section 20814, and the board may lower member contribution rates if the state contribution rate falls to 0 percent under the stated valuation condition.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 5. Contributions [9357 - 9358.1] ( Article 5 added by Stats. 1947, Ch. 879. ) ## 9358. (a) On and after January 1, 2000, the state’s contribution on account of liability for benefits under this chapter shall be established in accordance with Section 20814. (b) When the actuarial value of assets exceeds the present value of benefits as of the most recently completed valuation, resulting in a 0 percent contribution rate for the state, as determined by the board, the board may reduce the member contribution rates described in Sections 9357, 9357.01, 9357.05, and 9357.15 for the same fiscal year in which the state rate is reduced to 0 percent. However, for any fiscal year during which the state’s contribution rate is greater than 0 percent, the members of the system shall pay the applicable member contribution rates described in Sections 9357, 9357.01, 9357.05, and 9357.15. (Amended by Stats. 1999, Ch. 897, Sec. 1. Effective January 1, 2000.)
  174. 9358.01.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 5. Contributions [9357 - 9358.1] ( Article 5 added by Stats. 1947, Ch. 879. )

    Verify source ↗

    The state may pay the member’s required normal contributions for tax-deferral purposes and may later stop doing so.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 5. Contributions [9357 - 9358.1] ( Article 5 added by Stats. 1947, Ch. 879. ) ## 9358.01. Notwithstanding any other provision of law, the state may pick up, for the sole purpose of deferring income taxes thereon, as authorized by Section 414(h)(2) of the Internal Revenue Code (26 U.S.C.A. Sec. 414(h)(2)) and Section 17501 of the Revenue and Taxation Code, all of the normal contributions required to be paid by a member. The payment shall be reported as employer-paid contributions and shall be credited to member accounts. Nothing in this section shall be construed to limit the authority of the state to periodically eliminate the pickup by the state of all of the normal contributions required to be paid by the member, as authorized by this section. (Added by Stats. 1985, Ch. 524, Sec. 1. Effective September 9, 1985.)
  175. 9358.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 5. Contributions [9357 - 9358.1] ( Article 5 added by Stats. 1947, Ch. 879. )

    Verify source ↗

    The board must report every year to the Joint Rules Committee the contribution rate that would fully amortize this system’s unfunded actuarial obligation, if the state paid it under Section 9358.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 5. Contributions [9357 - 9358.1] ( Article 5 added by Stats. 1947, Ch. 879. ) ## 9358.1. The board shall report annually to the Joint Rules Committee the rate of contributions which, if paid by the state pursuant to Section 9358, would fully amortize the unfunded actuarial obligation of this system over a period of not to exceed 40 years. (Added by Stats. 1987, Ch. 271, Sec. 1.)
  176. 9359.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 6. Benefits [9359 - 9360.11] ( Article 6 added by Stats. 1947, Ch. 879. )

    Verify source ↗

    A qualifying member must be retired on written application to the Board of Administration and then receives the chapter’s retirement allowance for life.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 6. Benefits [9359 - 9360.11] ( Article 6 added by Stats. 1947, Ch. 879. ) ## 9359. Upon his or her written application to the Board of Administration, (a) a member of this system who was a member on the effective date of this amendment who has attained 60 years of age, (b) a member who hereafter becomes a member of this system who has attained 60 years of age and who is credited with 4 or more years of service, or (c) a member, regardless of age, who is credited with 20 or more years of service, shall be retired, and thereafter shall receive for life the retirement allowance provided in this chapter. A written application for retirement may be filed at any time during the term of office of the member, or within 30 days after the expiration of his or her term of office. An application that does not specify a different date as the effective date of retirement applied for shall be deemed to be an application for retirement as of the day following the expiration of the term of office of the member. (Amended by Stats. 2007, Ch. 130, Sec. 113. Effective January 1, 2008.)
  177. 9359.01.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 6. Benefits [9359 - 9360.11] ( Article 6 added by Stats. 1947, Ch. 879. )

    Verify source ↗

    Benefit payments are capped by federal tax limits, with different rules depending on when a person first became a member.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 6. Benefits [9359 - 9360.11] ( Article 6 added by Stats. 1947, Ch. 879. ) ## 9359.01. (a) Notwithstanding any other provision of this part, the benefits payable to any person who becomes a member for the first time on or after January 1, 1990, shall be subject to the limitations set forth in Section 415 of the Internal Revenue Code. (b) Notwithstanding any other law, the benefits payable to any person who became a member prior to January 1, 1990, shall be subject to the greater of the following limitations as provided in Section 415(b)(10) of the Internal Revenue Code: (1) The limitations set forth in Section 415 of the Internal Revenue Code. (2) The accrued benefit of a member under this system (determined without regard to any amendment to the system made after October 14, 1987). (Amended by Stats. 1999, Ch. 83, Sec. 69. Effective January 1, 2000.)
  178. 9359.02.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 6. Benefits [9359 - 9360.11] ( Article 6 added by Stats. 1947, Ch. 879. )

    Verify source ↗

    Compensation used to calculate benefits is capped by federal retirement-system limits for members who joined on or after July 1, 1996.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 6. Benefits [9359 - 9360.11] ( Article 6 added by Stats. 1947, Ch. 879. ) ## 9359.02. (a) The amount of compensation used to compute benefits payable to any person who becomes a member of this system on or after July 1, 1996, may not exceed the limitations upon public retirement systems set forth in Section 401(a)(17) of Title 26 of the United States Code, as that section may be amended from time to time and as that limit may be adjusted by the Commissioner of Internal Revenue for increases in the cost of living. (b) The determination of compensation for each 12-month period shall be subject to the annual compensation limit in effect for the calendar year in which the 12-month period begins. In a determination of average annual compensation over more than one 12-month period, the amount of compensation taken into account for each 12-month period shall be subject to the applicable annual compensation limit. (Added by Stats. 2003, Ch. 10, Sec. 1. Effective May 14, 2003.)
  179. 9359.03.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 6. Benefits [9359 - 9360.11] ( Article 6 added by Stats. 1947, Ch. 879. )

    Verify source ↗

    If a qualifying person has held more than one of the listed offices, their benefits under this chapter are calculated using the office with the higher salary.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 6. Benefits [9359 - 9360.11] ( Article 6 added by Stats. 1947, Ch. 879. ) ## 9359.03. If a person qualifies to retire as a legislative statutory officer, and has held more than one of the offices enumerated in Section 9350.55, his benefits payable under this chapter shall be computed on the basis of the office having the higher salary. (Added by Stats. 1969, Ch. 193.)
  180. 9359.05.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 6. Benefits [9359 - 9360.11] ( Article 6 added by Stats. 1947, Ch. 879. )

    Verify source ↗

    Compensation counted for benefits cannot exceed the applicable federal annual compensation limit for new members who join on or after July 1, 1996.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 6. Benefits [9359 - 9360.11] ( Article 6 added by Stats. 1947, Ch. 879. ) ## 9359.05. The amount of compensation that is taken into account in computing benefits payable to any person who first becomes a member of this system on or after July 1, 1996, shall not exceed the limitations in Section 401(a)(17) of Title 26 of the United States Code upon public retirement systems, as that section may be amended from time to time and as that limit may be adjusted by the Commissioner of Internal Revenue for increases in cost of living. The determination of compensation for each 12-month period shall be subject to the annual compensation limit in effect for the calendar year in which the 12-month period begins. In a determination of average annual compensation over more than one 12-month period, the amount of compensation taken into account for each 12-month period shall be subject to the applicable annual compensation limit. (Added by Stats. 1995, Ch. 829, Sec. 9. Effective January 1, 1996.)
  181. 9359.06.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 6. Benefits [9359 - 9360.11] ( Article 6 added by Stats. 1947, Ch. 879. )

    Verify source ↗

    This section ties member retirement benefit limits and related cost-of-living adjustments to Internal Revenue Code Section 415 rules, and it prevents benefits from being calculated under a different formula.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 6. Benefits [9359 - 9360.11] ( Article 6 added by Stats. 1947, Ch. 879. ) ## 9359.06. (a) The cost-of-living adjustments under Section 415(d) of the Internal Revenue Code to the limits described in Section 415(b) of the Internal Revenue Code, as prescribed by the regulations of the Department of the Treasury of the United States, are hereby incorporated by reference and shall continue to apply after a member’s severance from employment or annuity starting date. The amount payable to a member in any limitation year, including cost-of-living adjustments provided under this chapter, shall not exceed the limit applicable under Section 415(b) of the Internal Revenue Code at the annuity starting date, as increased in subsequent years pursuant to Section 415(d) of the Internal Revenue Code and the associated regulations. (b) Notwithstanding any other law, and except as provided in subdivision (a), the retirement allowance of a member shall be increased to reflect cost-of-living adjustments to the limits contained in Section 415 of Title 26 of the United States Code as provided in Section 415(d) of that code, provided that the member’s allowance determined without regard to Section 415 equals or exceeds the applicable limit as indexed. Nothing in this section is intended to, nor shall be construed to, entitle a retired member to an adjustment to their allowance in excess of that provided pursuant to this chapter. (c) Nothing in this section shall change the formula used to calculate benefits under this chapter. (Added by Stats. 2021, Ch. 304, Sec. 1. (AB 1293) Effective January 1, 2022.)
  182. 9359.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 6. Benefits [9359 - 9360.11] ( Article 6 added by Stats. 1947, Ch. 879. )

    Verify source ↗

    This section sets retirement allowance formulas for legislators and certain state officers, including caps, service-year limits, and a spouse-related recalculation rule.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 6. Benefits [9359 - 9360.11] ( Article 6 added by Stats. 1947, Ch. 879. ) ## 9359.1. (a) The retirement allowance for a member all of whose credited service was rendered as a Member of the Senate or Assembly, except as provided in subdivision (d), is an annual amount equal to 5 percent of the compensation payable, at the time payments of the allowance fall due, to incumbent Members of the Senate or Assembly, multiplied by the number of years of service with which the member is credited at the time of his or her retirement, not to exceed 15 years. In no event shall any retirement allowance payable under this chapter to a member exceed the compensation payable to Members of the Legislature at the time the payment of the allowance is made, except that the retirement allowance of a member who is credited with more than 15 years shall be increased by an amount equal to 3 percent of the compensation payable, at the time payment of the allowance falls due, to incumbent Members of the Senate or Assembly for each year or fraction of a year in excess of 15 years. (b) The retirement allowance for a member all of whose credited service was rendered as the Insurance Commissioner or as an elective officer of the state whose office is provided for by the Constitution other than a judge or a Member of the Senate or Assembly is the sum of (1) an annual amount equal to 5 percent of the highest compensation received by the officer while serving in that office, multiplied by the number of years of service with which the member is credited at the time of his or her retirement, not to exceed 8 years, plus, if the member is credited with 24 or more years of service, (2) 12/3 percent of the compensation to which the 5-percent rate is applicable under subparagraph (1) for his or her first 8 years of credited service, multiplied by the number of years of service in excess of 8 years with which the member is credited at the time of his or her retirement, not to exceed 12 years of credited service in excess of the 8 years of service referred to in subparagraph (1). (c) The retirement allowance for a member part of whose credited service was rendered as a Member of the Senate or Assembly and part of whose credited service was rendered as the Insurance Commissioner or as an elective officer of the state whose office is provided for by the Constitution, other than a judge or a Member of the Senate or Assembly, is the sum of (1) an annual amount equal to 5 percent of all the compensation, at the time payment of the allowance falls due, to the officer holding the highest salaried office that the member held at any time during his or her service prior to retirement, multiplied by the number of years of service with which the member is credited at the time of his or her retirement, not to exceed 8 years, plus, if the member is credited with 24 or more years of service, (2) 12/3 percent of the compensation to which the 5-percent rate is applicable under subparagraph (1) for his or her first 8 years of credited service, multiplied by the number of years of service rendered as the Insurance Commissioner or as an elective officer of the state whose office is provided for by the Constitution, other than a judge or a Member of the Senate or Assembly, with which the member is credited at the time of his or her retirement, not to exceed 12 years of that credited service in excess of the 8 years referred to in subparagraph (1). If, however, the member would be entitled to receive a greater allowance under subdivision (a), (b), or (d) if all of his or her credited service had been rendered as a Member of the Senate or Assembly or as the Insurance Commissioner or as an elective officer of the state whose office is provided for by the Constitution other than a judge or a Member of the Senate or Assembly, then all of his or her credited service shall be deemed to have been rendered as a Member of the Senate or Assembly or as an elective officer, and he or she shall receive a retirement allowance computed under subdivision (a), (b), or (d), whichever is greater. (d) The retirement allowance for a member, all of whose service was rendered as a Member of the Senate or Assembly, who is the surviving spouse of a deceased Member of the Senate or Assembly and who becomes the immediate successor in office of a deceased Member of the Senate or Assembly is an annual amount equal to 5 percent of the compensation payable, at the time the payments of the allowance fall due, to incumbent Members of the Senate or Assembly, multiplied by the number of years of service with which the member is credited at the time of retirement plus the number of years of service as a Member of the Senate or Assembly rendered by the member’s deceased spouse plus any period in the term, for which the deceased member was elected, following his or her death, not to exceed 15 years. In no event shall any retirement allowance payable under this chapter to a member exceed the compensation payable to Members of the Legislature at the time the payment of the allowance is made, except that the retirement allowance of a member, whose total service creditable under this subdivision is in excess of 15 years, shall be increased by an amount equal to 3 percent of the compensation payable, at the time payment of the allowance falls due, to incumbent Members of the Senate or Assembly for each year or fraction of a year in excess of 15 years. This same computation of total service creditable shall be used as a basis in determining eligibility for retirement, under Sections 9359 and 9359.16, of a member described in this subdivision. A member to whom this subdivision applies shall redeposit an amount equal to the contributions that were required to be contributed by his or her deceased spouse while he or she was a member of the system for his or her service, computed on the basis of the salary and rate of contribution in effect at the time service was rendered, or would have been rendered, in the Legislators’ Retirement Fund on account of the service of his or her deceased spouse in order to use that service for the purposes of this section and Sections 9359 and 9359.16. The amendments to this section enacted at the 1969 Regular Session shall apply with respect to a member who retired or retires, or died or dies while eligible to retire on or after May 1, 1969, and any allowance payable with respect to that member who retired or died prior to the effective date of that amendment, shall be adjusted effective from the date of retirement or death to the amount it would have been had the amendment been in effect on that date. Sections 9359.11 and 9359.12 shall control over any conflicting provisions of this section. The amendments to this section during the 1973–74 Second Extraordinary Session shall not be applicable to members who are retired on the effective date of the amendments. (Amended by Stats. 2007, Ch. 130, Sec. 114. Effective January 1, 2008.)
  183. 9359.10.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 6. Benefits [9359 - 9360.11] ( Article 6 added by Stats. 1947, Ch. 879. )

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    This section sets how a legislative statutory officer’s retirement allowance is calculated, including a 3% formula, a two-thirds cap, and special rules for coordination with another public retirement system.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 6. Benefits [9359 - 9360.11] ( Article 6 added by Stats. 1947, Ch. 879. ) ## 9359.10. The retirement allowance for a legislative statutory officer is an annual amount equal to 3 percent of the compensation payable to the officer at the time the officer vacates that legislative statutory office, or payable to the incumbent of that legislative statutory office at the time payments of the allowance fall due, whichever is higher, multiplied by the number of years of service with which the legislative statutory officer is entitled to be credited at the time of the officer’s retirement. In no event shall the allowance payable under this section exceed two-thirds of the compensation payable to the legislative statutory officer at the time the officer vacates that legislative statutory office, or two-thirds of the compensation payable to the incumbent of that legislative statutory office at the time payments of the allowance fall due, whichever is the higher; provided, however, the allowance shall be further adjusted to reflect cost-of-living increases occurring after the retirement of the legislative statutory officer as determined under Section 9360.10 without respect to the limitations set forth in this section. If a legislative statutory officer is entitled to a retirement allowance under any other state administered public retirement system, and the officer’s total retirement allowances under both systems exceed the maximum allowance to which the officer would be entitled under this section with 20 years service in that legislative statutory office, the allowance payable under this section shall be reduced to the amount that it, combined with the retirement allowance to which the officer is entitled under the other system, does not exceed the maximum allowance to which the officer would be entitled under this section with 221/3 years service in that legislative statutory office. The retirement allowance for a person who first commences service in any of the offices listed in Section 9350.55 or who becomes a member of this system on or after January 1, 1982, shall be based on compensation payable to that officer at retirement. In no event shall the allowance be based on a compensation greater than the compensation the member received for such service. (Amended by Stats. 1981, Ch. 549, Sec. 2. Effective September 19, 1981.)
  184. 9359.11.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 6. Benefits [9359 - 9360.11] ( Article 6 added by Stats. 1947, Ch. 879. )

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    For certain former legislator members, the retirement allowance calculation uses a salary base of $500 per month.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 6. Benefits [9359 - 9360.11] ( Article 6 added by Stats. 1947, Ch. 879. ) ## 9359.11. Any contrary provisions of Section 9359.1 notwithstanding, in computing the retirement allowance of a legislator member of the Legislators’ Retirement System whose service as a legislator ended prior to the term commencing in 1967, the salary to which the applicable formula shall be applied shall be five hundred dollars ($500) per month, and any increase in salary of legislators above such amount shall be disregarded for such purpose. (Added by Stats. 1966, 1st Ex. Sess., Ch. 163.)
  185. 9359.12.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 6. Benefits [9359 - 9360.11] ( Article 6 added by Stats. 1947, Ch. 879. )

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    This section sets how certain legislators’ retirement allowances are calculated and lets eligible retired members waive compensation when serving on a public board or commission.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 6. Benefits [9359 - 9360.11] ( Article 6 added by Stats. 1947, Ch. 879. ) ## 9359.12. (a) Any contrary provisions of Section 9359.1 or Section 9360.9 notwithstanding, and subject to the further limitations in subdivision (b), the retirement allowance of any member of the Legislators’ Retirement System who serves as a legislator during or after the term commencing in 1967 shall be the sum of: (1) the amount determined by application of the formula provided by Section 9359.1 to the first five hundred dollars ($500) per month of salary payable to the legislator at the time of his or her retirement, plus (2) an amount equal to 3 percent of the amount of such salary in excess of five hundred dollars ($500) per month multiplied by the number of years credited the member, or two-thirds of the amount of such salary payable to the legislator at the time of his or her retirement, whichever is the lesser, plus, in the case of members credited with service prior to the term commencing in 1967, an amount equal to a cost-of-living increase computed under Section 9360.9 as of January 1, 1967, on that portion of the allowance based on five hundred dollars ($500) per month, and said total to be further adjusted to reflect cost-of-living increases occurring after the member’s retirement as determined under Section 9360.10. (b) Except as provided in subdivision (c), during such time as he or she serves in any salaried public office any retired member of the Legislators’ Retirement System who served as a legislator during or after the term commencing in 1967 shall receive a retirement allowance computed by application of the formula set forth in Section 9359.1 to a salary of five hundred dollars ($500), and any increase in salary above such amount shall, for such purpose, be disregarded. (c) If a retired member who is otherwise subject to subdivision (b) is, while serving as a member of a public board or commission, entitled to receive for that service per diem compensation and expenses or compensation and expenses, he or she may, notwithstanding any other provision of the law, waive the compensation. If the compensation is waived, the member shall not be subject to subdivision (b). Nothing in this section shall be construed as requiring the waiver of expenses or per diem compensation which is in lieu of expenses. (Amended by Stats. 1985, Ch. 753, Sec. 1. Effective September 18, 1985.)
  186. 9359.13.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 6. Benefits [9359 - 9360.11] ( Article 6 added by Stats. 1947, Ch. 879. )

    Verify source ↗

    For certain newly elected constitutional state officers (excluding judges and legislators), retirement and survivor allowances cannot be calculated on compensation above the member’s highest compensation in office.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 6. Benefits [9359 - 9360.11] ( Article 6 added by Stats. 1947, Ch. 879. ) ## 9359.13. Notwithstanding any contrary provision of Section 9359.1 the retirement allowance of a member who is an elective officer of the state whose office is provided for by the Constitution, other than a judge or a Member of the Senate or Assembly, first elected to any such office after the effective date of this section and any allowance payable to a survivor of such member on death before or after retirement shall not be based on compensation in excess of the highest compensation received by the member as an incumbent of such office. Allowances payable to such members or survivors shall be adjusted under Section 9360.10 rather than 9360.9. (Added by Stats. 1971, Ch. 1277.)
  187. 9359.15.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 6. Benefits [9359 - 9360.11] ( Article 6 added by Stats. 1947, Ch. 879. )

    Verify source ↗

    A legislator cannot receive a retirement allowance or similar settlement for any period during which they hold office.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 6. Benefits [9359 - 9360.11] ( Article 6 added by Stats. 1947, Ch. 879. ) ## 9359.15. Notwithstanding any other provision of this chapter, no retirement allowance or optional settlement in lieu thereof under this chapter shall be paid to or in respect to any person for time during which he or she holds office as a legislator. If a retired legislator reenters this system after his or her retirement, his or her retirement allowance or optional settlement in lieu thereof shall be discontinued, and his or her individual account shall be credited with the amount of his or her accumulated contributions at the time of his or her retirement, and he or she shall be entitled to receive credit for service prior to his or her retirement in the same manner as if he or she had never been retired. (Amended by Stats. 2002, Ch. 664, Sec. 91.6. Effective January 1, 2003.)
  188. 9359.16.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 6. Benefits [9359 - 9360.11] ( Article 6 added by Stats. 1947, Ch. 879. )

    Verify source ↗

    Certain eligible members may be retired on written application to the Board of Administration and then receive a lifelong retirement allowance, reduced if retirement occurs before age 60.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 6. Benefits [9359 - 9360.11] ( Article 6 added by Stats. 1947, Ch. 879. ) ## 9359.16. Notwithstanding the provisions of Section 9359, a member of this system, other than a legislative statutory officer, who is under age 60 and who is credited with 15 or more, but less than 20 years of service shall be retired upon his or her written application therefor to the Board of Administration, and thereafter shall receive for life the retirement allowance provided by this section. The allowance shall be equal to the retirement allowance that he or she would receive for that service upon retirement at age 60 reduced by 2 percent for each year by which the member’s age at the time of retirement is below age 60. (Amended by Stats. 2002, Ch. 664, Sec. 91.7. Effective January 1, 2003.)
  189. 9359.17.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 6. Benefits [9359 - 9360.11] ( Article 6 added by Stats. 1947, Ch. 879. )

    Verify source ↗

    A legislative statutory officer age 55 or older may be retired on written application to the Board of Administration and then receives the Section 9359.10 retirement allowance for life.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 6. Benefits [9359 - 9360.11] ( Article 6 added by Stats. 1947, Ch. 879. ) ## 9359.17. Notwithstanding the provisions of Section 9359, a legislative statutory officer who has attained the age of 55 shall be retired upon his or her written application therefor to the Board of Administration, and shall thereafter receive for life the retirement allowance provided by Section 9359.10. (Amended by Stats. 2002, Ch. 664, Sec. 91.8. Effective January 1, 2003.)
  190. 9359.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 6. Benefits [9359 - 9360.11] ( Article 6 added by Stats. 1947, Ch. 879. )

    Verify source ↗

    A retirement allowance under this chapter is paid in equal monthly installments, with a smaller pro rata amount allowed for a partial month in certain cases.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 6. Benefits [9359 - 9360.11] ( Article 6 added by Stats. 1947, Ch. 879. ) ## 9359.2. A retirement allowance granted by this chapter is payable in equal monthly installments but a smaller pro rata amount may be paid for part of a month when the period of payment begins after the first or ends before the last day of the month. (Added by Stats. 1947, Ch. 879.)
  191. 9359.3.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 6. Benefits [9359 - 9360.11] ( Article 6 added by Stats. 1947, Ch. 879. )

    Verify source ↗

    Benefits, other chapter rights, and money in the Legislators’ Retirement Fund are generally protected from execution or similar process, and they cannot be assigned except as this chapter specifically allows.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 6. Benefits [9359 - 9360.11] ( Article 6 added by Stats. 1947, Ch. 879. ) ## 9359.3. The right of a person to any benefit or other right under this chapter and the money in the Legislators’ Retirement Fund are not subject to execution or any other process whatsoever except to the extent permitted by Section 704.110 of the Code of Civil Procedure, and are unassignable except as specifically provided in this chapter. (Amended by Stats. 1982, Ch. 497, Sec. 100. Operative July 1, 1983, by Sec. 185 of Ch. 497.)
  192. 9359.4.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 6. Benefits [9359 - 9360.11] ( Article 6 added by Stats. 1947, Ch. 879. )

    Verify source ↗

    A member may designate a beneficiary by filing a writing with the board. A person can be designated only if the person has an insurable interest in the member’s life.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 6. Benefits [9359 - 9360.11] ( Article 6 added by Stats. 1947, Ch. 879. ) ## 9359.4. A member may at any time designate a beneficiary to receive those benefits as may be payable to his or her beneficiary or estate under this chapter, by a writing filed with the board. To be eligible to be so designated a person shall have an insurable interest in the life of the member. (Amended by Stats. 2002, Ch. 664, Sec. 91.9. Effective January 1, 2003.)
  193. 9359.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 6. Benefits [9359 - 9360.11] ( Article 6 added by Stats. 1947, Ch. 879. )

    Verify source ↗

    A person may revoke a beneficiary designation under this system, except for designations under Optional Settlements 2, 3, and 4, and may name a different beneficiary by filing a writing with the board.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 6. Benefits [9359 - 9360.11] ( Article 6 added by Stats. 1947, Ch. 879. ) ## 9359.5. The designation of a beneficiary under this system, other than designations under Optional Settlements 2, 3 and 4, may be revoked at the pleasure of the person who made it and a different beneficiary designated by a writing filed with the board. (Added by Stats. 1947, Ch. 879.)
  194. 9359.6.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 6. Benefits [9359 - 9360.11] ( Article 6 added by Stats. 1947, Ch. 879. )

    Verify source ↗

    A member’s beneficiary designation is not changed by termination or a break in membership.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 6. Benefits [9359 - 9360.11] ( Article 6 added by Stats. 1947, Ch. 879. ) ## 9359.6. The designation of a beneficiary by a member is not affected by termination of nor a break in his membership. (Added by Stats. 1947, Ch. 879.)
  195. 9359.7.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 6. Benefits [9359 - 9360.11] ( Article 6 added by Stats. 1947, Ch. 879. )

    Verify source ↗

    The board may pay a minor’s benefit of $500 or less to the person who has custody of the minor, if the person files a verified statement about the minor’s estate. That person must later account to the minor for the money when the minor reaches adulthood.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 6. Benefits [9359 - 9360.11] ( Article 6 added by Stats. 1947, Ch. 879. ) ## 9359.7. If any person entitled to a benefit of not more than five hundred dollars ($500) from this system is a minor who has no guardian of his estate, the board may pay it to the person entitled to the custody of the minor to hold for the minor, if the person files with the board his acknowledged and verified statement that the total estate of the minor does not exceed one thousand dollars ($1,000) in value. Payment so made is a full discharge of the board and this system. The person shall account to the minor for the money when the minor reaches the age of majority. (Added by Stats. 1947, Ch. 879.)
  196. 9359.8.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 6. Benefits [9359 - 9360.11] ( Article 6 added by Stats. 1947, Ch. 879. )

    Verify source ↗

    If a member dies before retirement, their accumulated contributions must be paid to a designated beneficiary or otherwise to the estate, and an additional death benefit may be paid unless a surviving spouse is entitled to a life allowance.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 6. Benefits [9359 - 9360.11] ( Article 6 added by Stats. 1947, Ch. 879. ) ## 9359.8. Upon the death of any member before retirement, the member’s accumulated contributions shall be paid to the member’s beneficiary, if he or she has designated one, and if not, to his or her estate. There shall also be paid to his or her beneficiary or estate an amount equal to one-twelfth of the annual compensation of the office last held by the member as a legislator during the 12 months immediately preceding his or her death or that would have been applicable under Section 9359.1, whichever is greater, multiplied by the number of completed years of service and prior service for which the member is entitled to elect to receive credit. The benefits provided by this section are in addition to any benefits provided by Division 4 (commencing with Section 3201) of the Labor Code. The benefit accorded by this section is not payable if the deceased member’s spouse survives him or her and is entitled to receive an allowance for life pursuant to this chapter. (Amended by Stats. 1985, Ch. 106, Sec. 46.)
  197. 9359.83.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 6. Benefits [9359 - 9360.11] ( Article 6 added by Stats. 1947, Ch. 879. )

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    Retired members and eligible beneficiaries may authorize deductions from their retirement allowance payments for certain insurance and health coverage costs, subject to board regulations and Director of Finance approval of the plan.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 6. Benefits [9359 - 9360.11] ( Article 6 added by Stats. 1947, Ch. 879. ) ## 9359.83. Retired members of the system, and beneficiaries, who are entitled to receive allowances under the provisions of this chapter, may authorize deductions to be made from their retirement allowance payments, in accordance with regulations established by the board, for the payment of group insurance premiums and for dues or charges of a nonprofit membership corporation for the purpose of defraying the cost of medical services or hospital care, or both, under any plan approved by the Director of Finance. Those persons may also authorize deductions to be made from their retirement allowance payments, in accordance with regulations established by the board, for the payment of contributions for any health benefit plan coverage for which they may be eligible under the provisions of Chapter 1 (commencing with Section 22750) of Part 5 of Division 5 of Title 2 of this code. (Amended by Stats. 2004, Ch. 69, Sec. 9. Effective June 24, 2004.)
  198. 9359.85.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 6. Benefits [9359 - 9360.11] ( Article 6 added by Stats. 1947, Ch. 879. )

    Verify source ↗

    If a retired person dies while receiving a retirement allowance, $600 is paid to the estate or nominated beneficiaries.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 6. Benefits [9359 - 9360.11] ( Article 6 added by Stats. 1947, Ch. 879. ) ## 9359.85. Upon the death of any person, after retirement and while receiving a retirement allowance from this system, there shall be paid to his or her estate or to those beneficiaries as he or she shall nominate the sum of six hundred dollars ($600). (Amended by Stats. 2002, Ch. 664, Sec. 92. Effective January 1, 2003.)
  199. 9359.9.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 6. Benefits [9359 - 9360.11] ( Article 6 added by Stats. 1947, Ch. 879. )

    Verify source ↗

    If no beneficiary is named, or if the estate would not be probated, the death benefit must be paid directly without probate to the deceased member’s surviving next of kin or their guardians, in a listed order.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 6. Benefits [9359 - 9360.11] ( Article 6 added by Stats. 1947, Ch. 879. ) ## 9359.9. (a) If a beneficiary is not designated, or if the estate is the beneficiary and the estate would not be probated if no amount were due from this system, all of the amount due by reason of the death of a member or retired member, including retirement allowances accrued but not received prior to death, shall be paid directly without probate to the surviving next of kin of the deceased, or the guardians of such survivors’ estates, share and share alike. (b) Such payment shall be made in the same order in which the following groups are listed: (1) Spouse. (2) Children. (3) Father and mother. (4) Grandchildren. (5) Brothers and sisters. (6) Nieces and nephews. (Amended by Stats. 2016, Ch. 50, Sec. 45. (SB 1005) Effective January 1, 2017.)
  200. 9359.95.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 6. Benefits [9359 - 9360.11] ( Article 6 added by Stats. 1947, Ch. 879. )

    Verify source ↗

    If a legislator dies before retirement on or after January 1, 1959, a death benefit equal to 12 months of salary is payable to a designated beneficiary, or otherwise to the estate.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 2. LEGISLATIVE DEPARTMENT [8902 - 10606] ( Division 2 enacted by Stats. 1943, Ch. 134. ) ## PART 1. LEGISLATURE [8902 - 9937] ( Part 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3.5. Retirement of Legislators [9350 - 9378] ( Chapter 3.5 added by Stats. 1947, Ch. 879. ) ## ARTICLE 6. Benefits [9359 - 9360.11] ( Article 6 added by Stats. 1947, Ch. 879. ) ## 9359.95. In addition to any other benefits provided for in this chapter, upon the death, on or after January 1, 1959, and before retirement, of any member who, at the time of his or her death was a legislator, there shall be paid to his or her beneficiary, if he or she has designated one, and if not, to his or her estate, an amount equal to the annual compensation payable to him or her during the 12 months immediately preceding his or her death. (Amended by Stats. 2002, Ch. 664, Sec. 92.1. Effective January 1, 2003.)

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