Government Code — Part 25 | GOV — United States — California law | Esheria

Government Code

Part 25 of 107 · provisions 4,801–5,000

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. 20026.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

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    This section defines “disability” and “incapacity for performance of duty” for retirement purposes.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20026. “Disability” and “incapacity for performance of duty” as a basis of retirement, mean disability of permanent or extended duration, which is expected to last at least 12 consecutive months or will result in death, as determined by the board, or in the case of a local safety member by the governing body of the contracting agency employing the member, on the basis of competent medical opinion. (Amended by Stats. 2017, Ch. 241, Sec. 1. (SB 525) Effective January 1, 2018.)
  2. 20027.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

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    This section defines “disability,” “disabled,” and “incapacitated” for surviving-child allowance eligibility.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20027. “Disability,” “disabled,” or “incapacitated” means, with respect to qualification for an allowance payable to a surviving child, inability to engage in any substantial gainful occupation by reason of any physical or mental impairment that is determined by the board, on the basis of competent medical or psychiatric opinion, to be of permanent or extended and uncertain duration. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  3. 20027.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

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    This section defines “electronic funds transfer” and “automated clearinghouse,” and sets who pays banking costs for certain payment methods.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20027.5. (a) “Electronic funds transfer” means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, that is initiated through an electronic terminal, telephonic instrument, or computer or magnetic tape, so as to order, instruct, or authorize a financial institution to debit or credit an account. Electronic funds transfers shall be executed by one of the following methods: (1) An automated clearinghouse debit in which the state, through its designated depository bank, originates an automated clearinghouse transaction debiting the person’s bank account and crediting the state’s bank account for the amount of the debit. Banking costs incurred for the automated clearinghouse debit transaction shall be paid by the state. (2) An automated clearinghouse credit in which the person, through his or her own bank, originates an entry crediting the state’s bank account and debiting his or her own bank account. Banking costs incurred for the automated clearinghouse credit transaction charged to the state shall be paid by the person originating the credit. (3) A Federal Reserve Wire Network transfer (Fedwire) originated by a person utilizing the national electronic payment system to transfer funds through the federal reserve banks, when that person debits his or her own bank account and credits the state’s bank account. Electronic funds transfers may be made by Fedwire only if payment cannot, for good cause, be made according to paragraph (1) or (2), and the use of Fedwire is preapproved by the board. Banking costs incurred for the Fedwire transaction charged to the person and to the state shall be paid by the person originating the transaction. (b) For purposes of this section, “automated clearinghouse” means any federal reserve bank, or an organization established in agreement with the National Automated Clearing House Association, that operates as a clearinghouse for transmitting or receiving entries between banks or bank accounts and which authorizes an electronic transfer of funds between these banks or bank accounts. (Added by Stats. 2009, Ch. 118, Sec. 1. (AB 637) Effective January 1, 2010.)
  4. 20028.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

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    This section defines who counts as an “employee” for this part of the Government Code.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20028. “Employee” means all of the following: (a) Any person in the employ of the state, a county superintendent of schools, or the university whose compensation, or at least that portion of his or her compensation that is provided by the state, a county superintendent of schools, or the university, is paid out of funds directly controlled by the state, a county superintendent of schools, or the university, excluding all other political subdivisions, municipal, public and quasi-public corporations. “Funds directly controlled by the state” includes funds deposited in and disbursed from the State Treasury in payment of compensation, regardless of their source. (b) Any person in the employ of any contracting agency. (c) City employees who prior to the effective date of the contract with the hospital are assigned to a hospital that became a contracting agency because of subdivision (p) of Section 20057 shall be deemed hospital employees from and after the effective date of the contract with the hospital for retirement purposes. City employees who after the effective date of the contract with the hospital become employed by the hospital, shall be considered as new employees of the hospital for retirement purposes. (d) Any person in the employ of a school employer. (e) Public health department or district employees who were employees prior to the date of assumption of the contract by the governing body of a county of the 15th class shall be deemed public health department or district employees from and after the effective date of assumption of the contract for retirement purposes. Employees who after the effective date of assumption of the contract become employed by the public health department or district shall be considered as new employees for retirement purposes. (f) Officers, warrant officers, and enlisted personnel of the California National Guard not otherwise described in subdivision (a) rendering service authorized by Title 32 of the United States Code. (Amended by Stats. 2007, Ch. 355, Sec. 2. Effective January 1, 2008.)
  5. 20029.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

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    This section defines “employee federal contributions” for 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 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20029. “Employee federal contributions” means those contributions required of employees under the federal system with respect to wages paid to individuals who perform services in employment in any coverage group included in the federal-state agreement, at the rate of taxes imposed on employees by Section 3101 of Title 26 of the United States Code for the respective calendar years set forth therein. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  6. 20030.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

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    This section defines “employer” for this article.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20030. “Employer” means the state, the university, a school employer, and any contracting agency employing an employee. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  7. 20031.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

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    This section defines “employer federal contributions” as certain employer contributions tied to wages in covered employment under a federal-state agreement.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20031. “Employer federal contributions” means those contributions required of employers under the federal system with respect to wages paid to individuals who perform services in employment in any coverage group included in the federal-state agreement, at the rate of taxes imposed on employers by Section 3111 of Title 26 of the United States Code for the respective calendar years set forth therein and all penalties and interest that may be required to be paid with respect to those wages under the federal-state agreement. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  8. 20032.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

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    This section defines “Federal-state agreement” as the agreement, or any modification of it, executed by the board under Section 418 of Title 42 of the United States Code.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20032. “Federal-state agreement” means the agreement or any modification thereof executed by the board pursuant to Section 418 of Title 42 of the United States Code. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  9. 20033.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

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    This section defines “Federal system” as the old age, survivors, disability, and health insurance provisions of the Social Security Act.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20033. “Federal system” means the old age, survivors, disability, and health insurance provisions of the Social Security Act. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  10. 20034.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

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    For final compensation calculations, certain highest annual average compensation over a consecutive 12- or 36-month period is treated as the applicable compensation earnable or pensionable compensation when the member retires concurrently under both systems.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20034. The highest annual average compensation during any consecutive 12- or 36-month period of employment as a member of any retirement system maintained by the university shall be considered compensation earnable or pensionable compensation pursuant to Section 7522.34, whichever is applicable, by a member of this system for purposes of computing final compensation for the member providing the member retires concurrently under both systems. (Amended by Stats. 2025, Ch. 239, Sec. 11. (SB 853) Effective January 1, 2026.)
  11. 20035.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

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    This section defines “final compensation” for certain state members’ pension or benefit calculations.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20035. (a) Notwithstanding Section 20037, “final compensation” for the purposes of determining any pension or benefit with respect to a state member who retires or dies on or after July 1, 1991, and with respect to benefits based on service with the state, means the highest annual compensation which was earnable by the state member during any consecutive 12-month period of employment preceding the effective date of his or her retirement or the date of his or her last separation from state service if earlier. (b) With respect to a state member who retires or dies on or after July 1, 1991, and who was a managerial employee, as defined by subdivision (e) of Section 3513, or a supervisory employee, as defined by subdivision (g) of Section 3513, whose monthly salary range was administratively reduced by 5 percent because of the salary range reductions administratively imposed upon managers and supervisors during the 1991–92 fiscal year, “final compensation” means the highest annual compensation the state member would have earned had his or her salary range not been reduced by the 5-percent reduction. This subdivision shall only apply if the period during which the state member’s salary was reduced would have otherwise been included in determining his or her final compensation. The costs, if any, that may result from the use of the higher final compensation shall be paid for by the employer in the same manner as other retirement benefits are funded. (Amended by Stats. 2016, Ch. 415, Sec. 7. (AB 2375) Effective January 1, 2017.)
  12. 20035.10.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

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    For certain state miscellaneous members in State Bargaining Unit 9, “final compensation” is calculated as if a 5% salary reduction had not happened, and any added costs from that rule must be paid by the employer.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20035.10. (a) Notwithstanding Sections 20035 and 20037, “final compensation,” for the purpose of determining any pension or benefit with respect to a state miscellaneous member (1) who retires or dies on or after July 1, 2003, (2) who was a member of the state bargaining unit listed in subdivision (b), and (3) whose monthly salary range that was to be effective July 1, 2003, was reduced by 5 percent pursuant to a memorandum of understanding entered into during the 2003–04 fiscal year, means the highest annual compensation the member would have earned as of July 1, 2003, if that 5-percent reduction had not occurred. This section shall apply only if the period during which the member’s salary was reduced would have otherwise been included in determining his or her final compensation. The increased costs, if any, that may result from the application of the definition of “final compensation” provided in this section shall be paid by the employer in the same manner as other retirement benefits are funded. (b) This section shall apply with respect to members in State Bargaining Unit 9. (Amended by Stats. 2004, Ch. 183, Sec. 161. Effective January 1, 2005.)
  13. 20035.11.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section limits how certain pay-letter salary increases count toward pension calculations for specified State Bargaining Unit 9 and 10 supervisors or managers, and requires related retirement contributions and information sharing.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20035.11. (a) For purposes of this section, “pay letter” means the set of instructions issued by the Department of Human Resources to the Controller and other state agencies of approved changes to civil service pay scales that affect a supervisor or manager of State Bargaining Unit 9 or State Bargaining Unit 10 whose monthly salary is increased effective July 1, 2014, pursuant to this pay letter. (b) A supervisor or manager of State Bargaining Unit 9 or State Bargaining Unit 10 to whom the pay letter applies and who retires or dies on or after July 1, 2014, shall, for purposes of determining any pension or benefit, have his or her final compensation pursuant to Section 7522.32, 20035, 20035.9, 20035.10, 20037, 20037.11, or 20037.15, modified as described in this section. Any salary increase as provided in the pay letter that exceeds 5 percent shall not be included in final pensionable compensation or compensation earnable for the member, except as follows: (1) For July 1, 2014, to June 30, 2015, inclusive, only that portion of the salary increase representing up to 33 1/3 percent of the excess salary increase identified in the pay letter shall be recognized for purposes of determining his or her compensation earnable or pensionable compensation during the fiscal year period. (2) For July 1, 2015, to June 30, 2016, inclusive, only that portion of the salary increase representing up to 66 2/3 percent of the excess salary increase identified in the pay letter shall be recognized for purposes of determining his or her compensation earnable or pensionable compensation during the fiscal year period. (3) On and after July 1, 2016, the entire pay increase identified in the pay letter shall be recognized for purposes of determining his or her compensation earnable or pensionable compensation for service performed on or after that date. (c) A supervisor or manager of State Bargaining Unit 9 or State Bargaining Unit 10 shall pay employee retirement contributions on the full amount of the salary increase provided pursuant to the pay letter. A member that has his or her final compensation modified pursuant to subdivision (b) shall not be eligible for any refund of his or her employee retirement contributions associated with that salary increase unless he or she elects a full refund of his or her retirement contributions and ceases to be a member of the system. (d) The increased costs, if any, that result from the administration of this section shall be paid by the employer. (e) The Department of Human Resources shall identify the job classifications receiving salary increases in the pay letter. The Department of Human Resources and any department that employs the affected managers and supervisors shall provide the system and the Controller, upon request, any information necessary to implement this section. The Controller shall provide the system, upon request, any information necessary to implement this section. (Added by Stats. 2014, Ch. 28, Sec. 49. (SB 854) Effective June 20, 2014.)
  14. 20035.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    For certain patrol members, “final compensation” is calculated as the highest annual compensation they would have earned on July 1, 2003 without a 5% salary reduction; the employer must cover any extra retirement cost caused by this rule.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20035.2. Notwithstanding Sections 20035 and 20037, “final compensation,” for the purpose of determining any pension or benefit with respect to a patrol member who retires or dies on or after July 1, 2003, who was a member of State Bargaining Unit 5, and whose monthly salary range that was to be effective July 1, 2003, was reduced by 5 percent pursuant to an addendum to a memorandum of understanding entered during the 2003–04 fiscal year, means the highest annual compensation the patrol member would have earned as of July 1, 2003, if that 5-percent reduction had not occurred. This section shall apply only if the period during which the patrol member’s salary was reduced would have otherwise been included in determining his or her final compensation. The increased costs, if any, that may result from the application of the definition of “final compensation” provided in this section shall be paid by the employer in the same manner as other retirement benefits are funded. (Amended by Stats. 2004, Ch. 183, Sec. 157. Effective January 1, 2005.)
  15. 20035.21.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    For certain patrol members, “final compensation” is calculated as the highest annual compensation they would have earned on July 1, 2004 without the 5% salary reduction.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20035.21. Notwithstanding Sections 20035 and 20037, “final compensation” for the purpose of determining any pension or benefit with respect to a patrol member who retires or dies on or after July 1, 2004, who was a member of State Bargaining Unit 5, and whose monthly salary range that was to be effective July 1, 2004, was reduced by 5 percent pursuant to an addendum to a memorandum of understanding entered during the 2004–05 fiscal year, “final compensation” means the highest annual compensation the patrol member would have earned as of July 1, 2004, if that 5 percent reduction had not occurred. This section shall only apply if the period during which the patrol member’s salary was reduced would have otherwise been included in determining his or her final compensation. The increased costs, if any, that may result from the application of the definition of “final compensation” provided in this section shall be paid by the employer in the same manner as other retirement benefits are funded. (Added by Stats. 2004, Ch. 635, Sec. 5. Effective September 21, 2004.)
  16. 20035.3.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    For certain Unit 8 state miscellaneous or peace officer/firefighter members, “final compensation” is calculated as the highest annual compensation they would have earned on July 1, 2003 without the 5% salary reduction. Any extra cost caused by this rule must be paid by the employer.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20035.3. Notwithstanding Sections 20035 and 20037, “final compensation,” for the purpose of determining any pension or benefit with respect to a state miscellaneous or peace officer/firefighter member who retires or dies on or after July 1, 2003, who was a member of State Bargaining Unit 8, and whose monthly salary range that was to be effective July 1, 2003, was reduced by 5 percent pursuant to an addendum to a memorandum of understanding entered during the 2003–04 fiscal year, means the highest annual compensation the member would have earned as of July 1, 2003, if that 5-percent reduction had not occurred. This section shall apply only if the period during which the member’s salary was reduced would have otherwise been included in determining his or her final compensation. The increased costs, if any, that may result from the application of the definition of “final compensation” provided in this section shall be paid by the employer in the same manner as other retirement benefits are funded. (Amended by Stats. 2004, Ch. 183, Sec. 158. Effective January 1, 2005.)
  17. 20035.4.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    For certain State Bargaining Unit 16 members, “final compensation” is calculated as the highest annual pay they would have earned on July 1, 2003 without the 5% salary reduction.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20035.4. Notwithstanding Sections 20035 and 20037, “final compensation,” for the purpose of determining any pension or benefit with respect to a member who retires or dies on or after July 1, 2003, who was a member of State Bargaining Unit 16, and whose monthly salary range that was to be effective July 1, 2003, was reduced by 5 percent pursuant to a memorandum of understanding entered during the 2003–04 fiscal year, means the highest annual compensation the member would have earned as of July 1, 2003, if that 5-percent reduction had not occurred. This section shall apply only if the period during which the member’s salary was reduced would have otherwise been included in determining his or her final compensation. The increased costs, if any, that may result from the application of the definition of “final compensation” provided in this section shall be paid by the employer in the same manner as other retirement benefits are funded. (Amended by Stats. 2004, Ch. 183, Sec. 159. Effective January 1, 2005.)
  18. 20035.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section defines “final compensation” for certain school-member pension or benefit calculations.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20035.5. Notwithstanding Section 20037, “final compensation” for the purposes of determining any pension or benefit with respect to a school member who retires or dies on or after January 1, 2000, and with respect to benefits based on service with a school employer, means the highest annual compensation that was earnable by the school member during any consecutive 12-month period of employment preceding the effective date of his or her retirement or the date of his or her last separation from service if earlier. (Amended by Stats. 2016, Ch. 415, Sec. 8. (AB 2375) Effective January 1, 2017.)
  19. 20035.6.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    For certain State Bargaining Unit 19 members, “final compensation” is based on the higher salary they would have earned on July 1, 2003 without the 5% reduction.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20035.6. Notwithstanding Sections 20035 and 20037, “final compensation,” for the purpose of determining any pension or benefit with respect to a member who retires or dies on or after July 1, 2003, who was a member of State Bargaining Unit 19, and whose monthly salary range that was to be effective July 1, 2003, was reduced by 5 percent pursuant to a memorandum of understanding entered during the 2003–04 fiscal year, means the highest annual compensation the member would have earned as of July 1, 2003, if that 5-percent reduction had not occurred. This section shall apply only if the period during which the member’s salary was reduced would have otherwise been included in determining his or her final compensation. The increased costs, if any, that may result from the application of the definition of “final compensation” provided in this section shall be paid by the employer in the same manner as other retirement benefits are funded. (Amended by Stats. 2006, Ch. 538, Sec. 290. Effective January 1, 2007.)
  20. 20035.9.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    For certain state miscellaneous members, “final compensation” is calculated as the higher salary they would have earned without a 5% reduction, and any extra cost from that rule must be paid by the employer.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20035.9. (a) Notwithstanding Sections 20035 and 20037, “final compensation,” for the purpose of determining any pension or benefit with respect to a state miscellaneous member (1) who retires or dies on or after July 1, 2003, (2) who was a member of a state bargaining unit listed in subdivision (b), and (3) whose monthly salary range that was to be effective July 1, 2003, was reduced by 5 percent pursuant to a memorandum of understanding entered into during the 2003–04 fiscal year, means the highest annual compensation the member would have earned as of July 1, 2003, if that 5 percent reduction had not occurred. This section shall apply only if the period during which the member’s salary was reduced would have otherwise been included in determining his or her final compensation. The increased costs, if any, that may result from the application of the definition of “final compensation” provided in this section shall be paid by the employer in the same manner as other retirement benefits are funded. (b) The section shall apply with respect to members in State Bargaining Units 1, 4, 10, 11, 14, 15, 17, 20, and 21. (Added by Stats. 2003, Ch. 615, Sec. 7. Effective January 1, 2004.)
  21. 20036.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    For disability retirement allowances, final compensation is calculated only using compensation earnable in the member’s membership category at the time of the injury or disease that caused the disability.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20036. In the computation of the disability retirement allowance payable upon the retirement of a member for industrial disability, final compensation shall be determined only with respect to compensation earnable in the membership category applicable to the member at the time of the injury or the onset of the disease causing the disability. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  22. 20037.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section defines "final compensation" for certain state and local members and explains how to calculate it over a 36-month period.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20037. For a state member, or for a local member who is an employee of a contracting agency that is subject to this section, “final compensation” means the highest annual average compensation earnable by a member during any consecutive 36-month period of employment preceding the effective date of his or her retirement or the date of his or her last separation from state service if earlier, including any or all of the period or periods of (a) service required for qualification for membership, or (b) prior service which qualifies for credit under this system, if any, immediately preceding membership, or (c) time prior to entering state service at the compensation earnable by him or her in the position first held by him or her in that service, as may be necessary to complete three consecutive years. For the purposes of this section, periods of service separated by a period of retirement or breaks in service may be aggregated to constitute a period of three consecutive years, if the periods of service are consecutive except for such a period of retirement or breaks. If a break in service did not exceed six months in duration, time included in the break and compensation earnable during that time shall be included in computation of final compensation. If a break in service exceeded six months in duration, the first six months thereof and the compensation earnable during those six months shall be included in computation of final compensation, but time included in the break which is in excess of six months and the compensation earnable during that excess time shall be excluded in computation of final compensation. On and after November 13, 1968, this section shall apply to all contracting agencies and to the employees of those agencies whether or not those agencies have previously elected to be subject to this section, except that this section shall not apply to an employee of a contracting agency which has not elected to be subject to this section whose death occurred or whose retirement was effective prior to November 13, 1968. (Amended by Stats. 2016, Ch. 415, Sec. 9. (AB 2375) Effective January 1, 2017.)
  23. 20037.10.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section defines “final compensation” for certain first-time state employees in State Bargaining Unit 7, using the highest average annual compensation over the prior 36 months, with listed exceptions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20037.10. (a) Notwithstanding Sections 20035 and 20037, final compensation for a person who is employed by the state for the first time and becomes a state member of the system on or after January 1, 2007, and is represented by State Bargaining Unit 7, means the highest average annual compensation earnable by the member during any consecutive 36-month period immediately preceding the effective date of his or her retirement or the date of his or her last separation from state service if earlier. (b) This section applies to service credit accrued while a member of State Bargaining Unit 7. (c) This section does not apply to: (1) Service credit accrued while classified as a state peace officer/firefighter while a member of State Bargaining Unit 7. (2) Former state employees previously employed before January 1, 2007, who return to state employment on or after January 1, 2007. (3) State employees hired prior to January 1, 2007, who were subject to Section 20281.5 during the first 24 months of state employment. (4) State employees hired prior to January 1, 2007, who become subject to representation by State Bargaining Unit 7 on or after January 1, 2007. (5) State employees on an approved leave of absence employed before January 1, 2007, who return to active employment on or after January 1, 2007. (Amended by Stats. 2016, Ch. 415, Sec. 16. (AB 2375) Effective January 1, 2017.)
  24. 20037.11.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Defines “final compensation” for certain state employees in State Bargaining Unit 10 as the highest average annual compensation earnable over any consecutive 36-month period before retirement or last separation, and excludes several employee groups.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20037.11. (a) Notwithstanding Sections 20035 and 20037, final compensation for a person who is employed by the state for the first time and becomes a state member of the system on or after January 1, 2007, and is represented by State Bargaining Unit 10, means the highest average annual compensation earnable by the member during any consecutive 36-month period preceding the effective date of his or her retirement or the date of his or her last separation from state service if earlier. (b) This section applies to service credit accrued while a member of State Bargaining Unit 10. (c) This section does not apply to: (1) Former state employees previously employed before January 1, 2007, who return to state employment on or after January 1, 2007. (2) State employees hired prior to January 1, 2007, who were subject to Section 20281.5 during the first 24 months of state employment. (3) State employees hired prior to January 1, 2007, who become subject to representation by State Bargaining Unit 10 on or after January 1, 2007. (4) State employees on an approved leave of absence employed before January 1, 2007, who return to active employment on or after January 1, 2007. (Amended by Stats. 2016, Ch. 415, Sec. 17. (AB 2375) Effective January 1, 2017.)
  25. 20037.12.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    For certain new state employees in State Bargaining Unit 18, final compensation is based on the highest average annual compensation earnable over any consecutive 36-month period before retirement or last separation from state service, if earlier.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20037.12. (a) Notwithstanding Sections 20035 and 20037, final compensation for a person who is employed by the state for the first time and becomes a state member of the system on or after January 1, 2007, and is represented by State Bargaining Unit 18, means the highest average annual compensation earnable by the member during any consecutive 36-month period preceding the effective date of his or her retirement or the date of his or her last separation from state service if earlier. (b) This section applies to service credit accrued while a member of State Bargaining Unit 18. (c) This section does not apply to: (1) Former state employees previously employed before January 1, 2007, who return to state employment on or after January 1, 2007. (2) State employees hired prior to January 1, 2007, who were subject to Section 20281.5 during the first 24 months of state employment. (3) State employees hired prior to January 1, 2007, who become subject to representation by State Bargaining Unit 18 on or after January 1, 2007. (4) State employees on an approved leave of absence employed before January 1, 2007, who return to active employment on or after January 1, 2007. (Amended by Stats. 2016, Ch. 415, Sec. 18. (AB 2375) Effective January 1, 2017.)
  26. 20037.13.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section defines “final compensation” for certain state retirement calculations and requires reporting when a state entity employs a covered person in a career executive assignment.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20037.13. (a) Notwithstanding Sections 20035 and 20037, for the purposes of determining any pension or benefit with respect to benefits based on service with the state, “final compensation” means the highest annual compensation that was earnable by the state member during any consecutive 36-month period of employment preceding the effective date of his or her retirement or the date of his or her last separation from state service if earlier. (b) This section shall only apply to a member appointed to a career executive assignment, as defined in Section 18546, who at the time of appointment meets one or more of the following criteria: (1) He or she previously had, but does not currently have, permanent status in the civil service. (2) He or she is a person described in Section 18990 who was not, within the past 12 months, employed by the Legislature for two or more consecutive years. (3) He or she is a person described in Section 18992 who was not, within the past 12 months, holding a nonelected exempt position in the executive branch. (c) A state entity that employs a person described in subdivision (b) in a career executive assignment shall notify the Controller of this person’s employment status and the Controller shall forward this information to the system. (Amended by Stats. 2016, Ch. 415, Sec. 19. (AB 2375) Effective January 1, 2017.)
  27. 20037.14.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section defines “final compensation” for certain state employees in Bargaining Unit 5 or 8 as the highest average annual compensation earnable over a consecutive 36-month period, with several exclusions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20037.14. (a) Notwithstanding Sections 20035 and 20037, final compensation for a person who is employed by the state for the first time and becomes a state member of the system on or after October 31, 2010, and is represented by State Bargaining Unit 5 or 8, means the highest average annual compensation earnable by the member during any consecutive 36-month period preceding the effective date of his or her retirement or the date of his or her last separation from state service if earlier. (b) This section applies to service credit accrued while a member of State Bargaining Unit 5 or 8 or in a class related to State Bargaining Unit 5 or 8 as an employee who is excepted from the definition of “state employee” in subdivision (c) of Section 3513, or an officer or employee of the executive branch of state government who is not a member of the civil service. (c) This section does not apply to: (1) Former state employees previously employed before October 31, 2010, who return to state employment on or after October 31, 2010. (2) State employees hired prior to October 31, 2010, who were subject to Section 20281.5 during the first 24 months of state employment. (3) State employees hired prior to October 31, 2010, who become subject to representation by State Bargaining Unit 5 or 8 on or after October 31, 2010. (4) State employees on an approved leave of absence employed before October 31, 2010, who return to active employment on or after October 31, 2010. (Amended (as added by Stats. 2010, Ch. 163, Sec. 11) by Stats. 2016, Ch. 415, Sec. 21. (AB 2375) Effective January 1, 2017.)
  28. 20037.15.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    For certain members first employed on or after January 15, 2011, final compensation is based on the highest average annual compensation earnable over any consecutive 36-month period before retirement or last separation, if earlier.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20037.15. (a) Notwithstanding Sections 3517.8, 20035, and 20037, final compensation for a person who is employed for the first time and becomes a member of the system on or after January 15, 2011, means the highest average annual compensation earnable by the member during any consecutive 36-month period preceding the effective date of his or her retirement or the date of his or her last separation from state service if earlier. (b) This section applies to the following: (1) Service credit accrued while a member of State Bargaining Unit 6 or 9 or in a class related to State Bargaining Unit 6 or 9 as an employee who is excepted from the definition of “state employee” in subdivision (c) of Section 3513, or an officer or employee of the executive branch of state government who is not a member of the civil service. (2) Service credit accrued while a peace officer/firefighter member represented by State Bargaining Unit 7 or in a class related to peace officer/firefighter members in State Bargaining Unit 7 as an employee who is excepted from the definition of “state employee” in subdivision (c) of Section 3513, or an officer or employee of the executive branch of state government who is not a member of the civil service. (3) Service credit accrued as an employee who is excepted from the definition of “state employee” in subdivision (c) of Section 3513, or an officer or employee of the executive branch of state government who is not a member of the civil service. (4) Service credit accrued as an employee of the Legislature, the judicial branch, or the California State University. (c) This section does not apply to: (1) Former employees previously employed before January 15, 2011, who return to employment on or after January 15, 2011, and who were previously subject to a 12-month average. (2) State employees hired prior to January 15, 2011, who were subject to Section 20281.5 during the first 24 months of state employment, and who were previously subject to a 12-month average. (3) State employees hired prior to January 15, 2011, who become subject to representation by State Bargaining Unit 6, 7, or 9 on or after January 15, 2011, and who were previously subject to a 12-month average. (4) Employees on an approved leave of absence employed before January 15, 2011, who return to active employment on or after January 15, 2011, and who were previously subject to a 12-month average. (d) If this section is in conflict with a memorandum of understanding that is current and in effect on January 15, 2011, the memorandum of understanding shall be controlling while it remains in effect. Upon expiration of the memorandum of understanding that is in effect and current on January 15, 2011, this section shall be controlling and may not be superseded by a subsequent memorandum of understanding. (Amended by Stats. 2016, Ch. 415, Sec. 22. (AB 2375) Effective January 1, 2017.)
  29. 20037.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section defines “final compensation” for certain state members as the highest average annual compensation earnable during the relevant 36-month period.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20037.5. Notwithstanding Section 20035, “final compensation” for a state member who has elected to be subject to Section 21353.5, for the purposes of determining any pension or benefit based on service credited under that section, means the highest average annual compensation earnable by the member during any consecutive 36-month period preceding the effective date of his or her retirement or the date of his or her last separation from state service if earlier. (Amended (as added by Stats. 1998, Ch. 91, Sec. 56) by Stats. 2016, Ch. 415, Sec. 11. (AB 2375) Effective January 1, 2017.)
  30. 20037.6.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    For certain new state employees in State Bargaining Unit 2, “final compensation” is based on the highest average annual compensation earnable over any consecutive 36-month period before retirement or last separation.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20037.6. (a) Notwithstanding Sections 20035 and 20037, final compensation for a person who is employed by the state for the first time and becomes a state member of the system on or after July 1, 2006, and is represented by State Bargaining Unit 2, means the highest average annual compensation earnable by the member during any consecutive 36-month period preceding the effective date of his or her retirement or the date of his or her last separation from state service if earlier. (b) This section applies to service credit accrued while a member of State Bargaining Unit 2. (c) This section does not apply to: (1) Former state employees who return to state employment on or after July 1, 2006. (2) State employees hired prior to July 1, 2006, who were subject to Section 20281.5 during the first 24 months of state employment. (3) State employees hired prior to July 1, 2006, who become subject to representation by State Bargaining Unit 2 on or after July 1, 2006. (4) State employees on an approved leave of absence who return to active employment on or after July 1, 2006. (Amended by Stats. 2016, Ch. 415, Sec. 12. (AB 2375) Effective January 1, 2017.)
  31. 20037.7.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section defines “final compensation” for certain state employees as the highest average annual compensation earnable over any consecutive 36-month period before retirement or last separation, if earlier.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20037.7. (a) Notwithstanding Sections 20035 and 20037, final compensation for a person who is employed by the state for the first time and becomes a state member of the system on or after January 1, 2007, and is represented by State Bargaining Unit 1, 3, 4, 11, 14, 15, 17, 20, or 21, means the highest average annual compensation earnable by the member during any consecutive 36-month period preceding the effective date of his or her retirement or the date of his or her last separation from state service if earlier. (b) This section applies to service credit accrued while a member of State Bargaining Unit 1, 3, 4, 11, 14, 15, 17, 20, or 21. (c) This section does not apply to: (1) Former state employees previously employed before January 1, 2007, who return to state employment on or after January 1, 2007. (2) State employees hired prior to January 1, 2007, who were subject to Section 20281.5 during the first 24 months of state employment. (3) State employees hired prior to January 1, 2007, who become subject to representation by State Bargaining Unit 1, 3, 4, 11, 14, 15, 17, 20, or 21 on or after January 1, 2007. (4) State employees on an approved leave of absence employed before January 1, 2007, who return to active employment on or after January 1, 2007. (Amended by Stats. 2016, Ch. 415, Sec. 13. (AB 2375) Effective January 1, 2017.)
  32. 20037.8.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    For certain new state employees in State Bargaining Units 12 or 13, “final compensation” is the highest average annual compensation earnable during any consecutive 36-month period before retirement or last separation, if earlier.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20037.8. (a) Notwithstanding Sections 20035 and 20037, final compensation for a person who is employed by the state for the first time and becomes a state member of the system on or after January 1, 2007, and is represented by State Bargaining Unit 12 or 13, means the highest average annual compensation earnable by the member during any consecutive 36-month period preceding the effective date of his or her retirement or the date of his or her last separation from state service if earlier. (b) This section applies to service credit accrued while a member of State Bargaining Unit 12 or 13. (c) This section does not apply to: (1) Former state employees previously employed before January 1, 2007, who return to state employment on or after January 1, 2007. (2) State employees hired prior to January 1, 2007, who were subject to Section 20281.5 during the first 24 months of state employment. (3) State employees hired prior to January 1, 2007, who become subject to representation by State Bargaining Unit 12 or 13 on or after January 1, 2007. (4) State employees on an approved leave of absence employed before January 1, 2007, who return to active employment on or after January 1, 2007. (Amended by Stats. 2016, Ch. 415, Sec. 14. (AB 2375) Effective January 1, 2017.)
  33. 20037.9.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    For certain first-time state employees in State Bargaining Units 16 or 19, final compensation is the highest average annual compensation earnable during the 36 months before retirement or earlier separation.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20037.9. (a) Notwithstanding Sections 20035 and 20037, final compensation for a person who is employed by the state for the first time and becomes a state member of the system on or after January 1, 2007, and is represented by State Bargaining Unit 16 or 19, means the highest average annual compensation earnable by the member during any consecutive 36-month period preceding the effective date of his or her retirement or the date of his or her last separation from state service if earlier. (b) This section applies to service credit accrued while a member of State Bargaining Unit 16 or 19. (c) This section does not apply to: (1) Former state employees previously employed before January 1, 2007, who return to state employment on or after January 1, 2007. (2) State employees hired prior to January 1, 2007, who were subject to Section 20281.5 during the first 24 months of state employment. (3) State employees hired prior to January 1, 2007, who become subject to representation by State Bargaining Unit 16 or 19 on or after January 1, 2007. (4) State employees on an approved leave of absence employed before January 1, 2007, who return to active employment on or after January 1, 2007. (Amended by Stats. 2016, Ch. 415, Sec. 15. (AB 2375) Effective January 1, 2017.)
  34. 20039.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    For certain local members, final compensation is based on the highest average annual compensation earnable during each period of state service in office.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20039. Notwithstanding any other provision of this part, “final compensation” of a local member for the purpose of determining any pension or benefit resulting from state service as an elective or appointed officer on a city council or a county board of supervisors accrued while in membership pursuant to Section 20322, shall be based on the highest average annual compensation earnable by the member during the period of state service in each elective or appointed office. Where that elective or appointed service is a consideration in the computation of any pension or benefit, the member may have more than one final compensation. This section shall apply to a local member first elected or appointed to a city council or a county board of supervisors on or after July 1, 1994, or elected or appointed to a term of office not consecutive with the term of office held on June 30, 1994. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  35. 20039.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section defines “final compensation” for California National Guard pension or benefit calculations as the highest average annual compensation earned during any consecutive 12-month period of National Guard service.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20039.5. Notwithstanding Article 5 (commencing with Section 20350) of Chapter 3, or any other provision of this part, “final compensation” for the purposes of determining any pension or benefit for service with the California National Guard with respect to a National Guard member means the highest average annual compensation that was earned during a consecutive 12-month period while rendering service with the California National Guard. The final compensation of a National Guard member under another retirement or pension system shall not apply to the calculation of his or her retirement allowance with respect to service with the California National Guard. (Amended by Stats. 2009, Ch. 130, Sec. 9. (AB 966) Effective January 1, 2010.)
  36. 20040.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    For Second Tier benefits, final compensation for a member in the federal system must not be reduced by a fraction or amount.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20040. Notwithstanding any other provision of this part, “final compensation,” for the purposes of determining any benefits payable under this part for coverage under the Second Tier, shall not be reduced by any fraction or amount for any member included in the federal system. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  37. 20042.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A contracting agency may elect a special final-compensation rule by amending its contract, and in that case final compensation is computed under Section 20037 using one year instead of three consecutive years.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20042. On the election of a contracting agency, other than a county superintendent of schools with respect to a contract under Chapter 6 (commencing with Section 20610), “final compensation” for a local member employed by that agency whose retirement is effective or whose death occurs after the date of the election and with respect to benefits based solely on service credit accrued with the contracting agency making the election under this section shall be computed under Section 20037 but with the substitution of the period of one year for three consecutive years. An election under this section shall be made by amendment to the contracting agency’s contract made in the manner prescribed for approval of contracts, except that an election among the employees is not required, or by express provision of the contract if exercised at the time of approval of a contract. (Amended by Stats. 2017, Ch. 241, Sec. 2. (SB 525) Effective January 1, 2018.)
  38. 20044.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section defines “fiscal year” as the period from July 1 to the following June 30.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20044. “Fiscal year” is any year commencing on July 1st and ending with June 30th next following. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  39. 20045.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section defines “highway patrol service” as service performed as a California Highway Patrol member while receiving state compensation, subject to a stated exception.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20045. “Highway patrol service” means service rendered as a member of the California Highway Patrol, only while the member is receiving compensation from the state for that service, except as provided in Article 4 (commencing with Section 20990) of Chapter 11. (Amended by Stats. 1996, Ch. 906, Sec. 8. Effective January 1, 1997. Note: Prior to January 1, 1996 (when the reorganization by Stats. 1995, Ch. 379, took effect), these provisions were in Section 20802. See Section 20802 as modified, on July 12, 1995, in Governor's Reorganization Plan No. 1 of 1995.)
  40. 20046.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    “Industrial” means a death or disability caused by injury or disease arising out of and in the course of a member’s employment, for members in a category that receives special benefits for industrial death or disability.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20046. “Industrial,” in reference to the death or disability of any member of this system who is in a membership category under which special benefits are provided by this part because the death or disability is industrial, means disability or death as a result of injury or disease arising out of and in the course of his or her employment as such a member. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  41. 20046.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section expands “industrial” for certain state miscellaneous members to include qualifying death or disability caused by a violent act by a patient or client at the specified state hospitals, if the listed 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 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20046.5. “Industrial” with respect to state miscellaneous members also means death or disability on or after January 1, 1995, resulting from an injury that is a direct consequence of a violent act perpetrated on his or her person by a patient or client of the State Department of State Hospitals at Metropolitan State Hospital or Napa State Hospital if: (a) The member was performing his or her duties within a treatment ward at the time of the injury, or (b) The member was not within a treatment ward but was acting within the scope of his or her employment at the hospital and is regularly and substantially as part of his or her duties in contact with the patients or clients, and (c) The member at the time of injury was employed in a state bargaining unit for which a memorandum of understanding has been agreed to by the state employer and the recognized employee organization to become subject to this section, or (d) The member was either excluded from the definition of state employee in subdivision (c) of Section 3513 or was a nonelected officer or employee of the executive branch of government who was not a member of the civil service. (Amended by Stats. 2012, Ch. 440, Sec. 24. (AB 1488) Effective September 22, 2012.)
  42. 20047.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section defines when “industrial” includes certain death or disability for state miscellaneous members after a violent act in specified state hospital settings, if listed workplace and employment 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 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20047. “Industrial” with respect to state miscellaneous members also means death or disability after January 1, 1993, resulting from an injury that is a direct consequence of a violent act perpetrated on his or her person by a patient or client of the State Department of State Hospitals at Patton State Hospital or Atascadero State Hospital, an inmate at the State Department of State Hospitals Psychiatric Program at California Medical Facility at Vacaville, or a patient at any other state hospital which is deemed a forensic facility if: (a) The member was performing his or her duties within a treatment ward at the time of the injury, or (b) The member was not within a treatment ward but was acting within the scope of his or her employment at the hospital and is regularly and substantially as part of his or her duties in contact with the patients or clients, and (c) The member at the time of injury was employed in a state bargaining unit for which a memorandum of understanding has been agreed to by the state employer and the recognized employee organization to become subject to this section, or (d) The member was either excluded from the definition of state employee in subdivision (c) of Section 3513 or was a nonelected officer or employee of the executive branch of government who was not a member of the civil service. (Amended by Stats. 2012, Ch. 440, Sec. 25. (AB 1488) Effective September 22, 2012.)
  43. 20047.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section defines when a state miscellaneous member’s death or disability counts as “industrial” for this provision.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20047.5. “Industrial,” with respect to state miscellaneous members, means death or disability on or after January 1, 2002, or the date agreed to in the memorandum of understanding between the state employer and the recognized employee organization, resulting from an injury that is a direct consequence of a violent act perpetrated on his or her person by a patient or client of the State Department of Developmental Services, at Porterville Developmental Center, Canyon Springs Community Facility, or Sierra Vista Community Facility, if both of the following apply: (a) The member either (1) was performing his or her duties within a treatment ward at the time of the injury, or (2) was not within a treatment ward but was acting within the scope of his or her employment at the hospital and is regularly and substantially as part of his or her duties in contact with the patients or clients. (b) The member, at the time of injury, was either (1) employed in a state bargaining unit for which a memorandum of understanding has been agreed to by the state employer and the recognized employee organization to become subject to this section, (2) excluded from the definition of “state employee” in subdivision (c) of Section 3513, or (3) a non-elected officer or employee of the executive branch of government who was not a member of the civil service. (Amended by Stats. 2006, Ch. 238, Sec. 7. Effective September 13, 2006.)
  44. 20048.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section defines when an injury to a state industrial member counts as “industrial.”

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20048. “Industrial,” with respect to state industrial members, means death or disability resulting from an injury that is a direct consequence of a violent act perpetrated on his or her person by an inmate of a state prison, correctional school or facility of the Department of Corrections or the Department of the Youth Authority, or a parolee therefrom, if: (a) The member was performing his or her duties within the prison, correctional school or facility of the Department of Corrections or the Department of the Youth Authority. (b) The member was not within the prison, correctional school or facility of the Department of Corrections or the Department of the Youth Authority, but was acting within the scope of his or her employment and is regularly and substantially as part of his or her duties in contact with those inmates or parolees. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  45. 20049.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section defines “labor policy or agreement.”

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20049. “Labor policy or agreement” means any written policy, agreement, memorandum of understanding, legislative action of the elected or appointed body governing the employer, or any other document used by the employer to specify the payrate, special compensation, and benefits of represented and unrepresented employees. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  46. 20050.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section defines “local safety service” as certain state service performed in specified local public safety roles, subject to listed exceptions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20050. “Local safety service” means state service rendered as a local firefighter, local police officer, county peace officer, local safety officer, or positions defined as local safety member in Sections 20421 and 20422 except as provided in Article 1 (commencing with Section 20890) and Article 4 (commencing with Section 20990) of Chapter 11. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  47. 20051.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section defines “month” for the code, unless another meaning is expressly provided.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20051. “Month,” except as otherwise expressly provided, means a period commencing on any day of a calendar month and extending through the day preceding the corresponding day of the succeeding calendar month, if there is any corresponding day, and if not, through the last day of the succeeding calendar month. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  48. 20052.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    “Net earnings” means the retirement fund’s earnings minus the amounts specified in Sections 20173 and 20174.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20052. “Net earnings” means the earnings of the retirement fund less the amounts specified in Sections 20173 and 20174. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  49. 20053.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section defines “normal contributions” as member contributions required at the normal rate set by law, contract, or contract amendment, and includes certain contributions paid on a member’s behalf by an employer.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20053. “Normal contributions” means contributions required to be paid by a member at the normal rates of contribution fixed by the law, by contract, or by contract amendment, but does not include additional contributions. “Normal contributions” also includes contributions required to be paid by a member that are in fact paid on behalf of a member by an employer as defined in Section 20030. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  50. 20054.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section defines “pension” as payments for life derived from contributions made from employer controlled funds.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20054. “Pension” means payments for life derived from contributions made from employer controlled funds. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  51. 20055.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section defines “prior service” for certain retirement system members.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20055. (a) “Prior service” as applied to a state member who while employed on a part-time basis became a member because of amendments of the laws governing this system or because of a change in his or her employment status to at least a half-time basis, means all state service rendered by him or her prior to the time he or she became a member. (b) As applied to other members, “prior service” means all state service rendered by: (1) A university member prior to August 27, 1937. (2) A state member other than a university member, prior to January 1, 1932. (3) A local member or school member prior to the effective date of the contract under which he or she became a member. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  52. 20056.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    “Public agency” is defined to include cities, counties, districts, other local authorities, and public bodies within the state.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20056. “Public agency” means any city, county, district, other local authority or public body of or within this state. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  53. 20057.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section expands the meaning of “public agency” to include many listed entities and sets special conditions for some of them.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20057. “Public agency” also includes the following: (a) The Commandant, Veterans’ Home of California, with respect to employees of the Veterans’ Home Exchange and other post fund activities whose compensation is paid from the post fund of the Veterans’ Home of California. (b) Any auxiliary organization operating pursuant to Chapter 7 (commencing with Section 89900) of Part 55 of Division 8 of Title 3 of the Education Code and in conformity with regulations adopted by the Trustees of the California State University and any auxiliary organization operating pursuant to Article 6 (commencing with Section 72670) of Chapter 6 of Part 45 of Division 7 of Title 3 of the Education Code and in conformity with regulations adopted by the Board of Governors of the California Community Colleges. (c) Any student body or nonprofit organization composed exclusively of students of the California State University or community college or of members of the faculty of the California State University or community college, or both, and established for the purpose of providing essential activities related to, but not normally included as a part of, the regular instructional program of the California State University or community college. (d) A state organization of governing boards of school districts, the primary purpose of which is the advancing of public education through research and investigation. (e) Any nonprofit corporation whose membership is confined to public agencies as defined in Section 20056. (f) A section of the California Interscholastic Federation. (g) Any credit union incorporated under Division 5 (commencing with Section 14000) of the Financial Code, or incorporated pursuant to federal law, with 95 percent of its membership limited to employees who are members of or retired members of this system or the State Teachers’ Retirement Plan, and their immediate families, and employees of any credit union. For the purposes of this subdivision, “immediate family” means those persons related by blood or marriage who reside in the household of a member of the credit union who is a member of or retired member of this system or the State Teachers’ Retirement Plan. The credit union shall pay any costs that are in addition to the normal charges required to enter into a contract with the board. All the payments made by the credit union that are in addition to the normal charges required shall be added to the total amount appropriated by the Budget Act for the administrative expense of this system. For purposes of this subdivision, a credit union is not deemed to be a public agency unless it has entered into a contract with the board pursuant to Chapter 5 (commencing with Section 20460) prior to January 1, 1988. After January 1, 1988, the board may not enter into a contract with any credit union as a public agency. (h) Any county superintendent of schools that was a contracting agency on July 1, 1983, and any school district or community college district that was a contracting agency with respect to local police officers, as defined in Section 20430, on July 1, 1983. (i) Any school district or community college district that has established a police department, pursuant to Section 38000 or 72330 of the Education Code, and has entered into a contract with the board on or after January 1, 1990, for school safety members, as defined in Section 20444. (j) A nonprofit corporation formed for the primary purpose of assisting the development and expansion of the educational, research, and scientific activities of a district agricultural association formed pursuant to Part 3 (commencing with Section 3801) of Division 3 of the Food and Agricultural Code, and the nonprofit corporation described in the California State Exposition and Fair Law (former Article 3 (commencing with Section 3551) of Chapter 3 of Part 2 of Division 3 of the Food and Agricultural Code, as added by Chapter 15 of the Statutes of 1967). (k) (1) A public or private nonprofit corporation that operates a regional center for the developmentally disabled in accordance with Chapter 5 (commencing with Section 4620) of Division 4.5 of the Welfare and Institutions Code. (2) A public or private nonprofit corporation, exempt from taxation under Section 501(c)(3) of the Internal Revenue Code, that operates a rehabilitation facility for the developmentally disabled and provides services under a contract with either (A) a regional center for the developmentally disabled, pursuant to paragraph (3) of subdivision (a) of Section 4648 of the Welfare and Institutions Code, or (B) the Department of Rehabilitation, pursuant to Chapter 4.5 (commencing with Section 19350) of Part 2 of Division 10 of the Welfare and Institutions Code, upon obtaining a written advisory opinion from the United States Department of Labor as described in Section 20057.1. (3) A public or private nonprofit corporation described in this subdivision shall be deemed a “public agency” only for purposes of this part and only with respect to the employees of the regional center or the rehabilitation facility described in this subdivision. Notwithstanding any other provision of this part, the agency may elect by appropriate provision or amendment of its contract not to provide credit for service prior to the effective date of its contract. (l) Independent data-processing centers formed pursuant to former Article 2 (commencing with Section 10550) of Chapter 6 of Part 7 of the Education Code, as it read on December 31, 1990. An agency included pursuant to this subdivision shall only provide benefits that are identical to those provided to a school member. (m) Any local agency formation commission. (n) A nonprofit corporation organized for the purpose of and engaged in conducting a citrus fruit fair as defined in Section 4603 of the Food and Agricultural Code. (o) (1) A public or private nonprofit corporation that operates an independent living center providing services to severely handicapped people and established pursuant to federal Public Law 93-112, that receives the approval of the board, and that provides at least three of the following services: (A) Assisting severely handicapped people to obtain personal attendants who provide in-home supportive services. (B) Locating and distributing information about housing in the community usable by severely handicapped people. (C) Providing information about financial resources available through federal, state, and local government, and private and public agencies to pay all or part of the cost of the in-home supportive services and other services needed by severely handicapped people. (D) Counseling by people with similar disabilities to aid the adjustment of severely handicapped people to handicaps. (E) Operation of vans or buses equipped with wheelchair lifts to provide accessible transportation to otherwise unreachable locations in the community where services are available to severely handicapped people. (2) A public or private nonprofit corporation described in this subdivision shall be deemed a “public agency” only for purposes of this part and only with respect to the employees of the independent living center. (3) Notwithstanding any other provisions of this part, the public or private nonprofit corporation may elect by appropriate provision or amendment of its contract not to provide credit for service prior to the effective date of its contract. (p) A hospital that is managed by a city legislative body in accordance with Article 8 (commencing with Section 37650) of Chapter 5 of Part 2 of Division 3 of Title 4. (q) The Tahoe Transportation District that is established by Article IX of Section 66801. (r) The California Firefighter Joint Apprenticeship Program formed pursuant to Chapter 4 (commencing with Section 3070) of Division 3 of the Labor Code. (s) A public health department or district that is managed by the governing body of a county of the 15th class, as defined by Sections 28020 and 28036, as amended by Chapter 1204 of the Statutes of 1971. (t) A nonprofit corporation or association conducting an agricultural fair pursuant to Section 25905 may enter into a contract with the board for the participation of its employees as members of this system, upon obtaining a written advisory opinion from the United States Department of Labor as described in Section 20057.1. The nonprofit corporation or association shall be deemed a “public agency” only for this purpose. (u) An auxiliary organization established pursuant to Article 2.5 (commencing with Section 69522) of Chapter 2 of Part 42 of Division 5 of Title 3 of the Education Code upon obtaining a written advisory opinion from the United States Department of Labor as described in Section 20057.1. The auxiliary organization is a “public agency” only for this purpose. (v) The Western Association of Schools and Colleges upon obtaining a written advisory opinion from the United States Department of Labor as described in Section 20057.1. The association shall be deemed a “public agency” only for this purpose. (w) The State Assistance Fund for Enterprise, Business and Industrial Development Corporation upon obtaining a written opinion from the United States Department of Labor as described in Section 20057.1. (x) (1) A private nonprofit area agency on aging as described in Section 9006 of the Welfare and Institutions Code upon obtaining a written advisory opinion from the United States Department of Labor as described in Section 20057.1. (2) The area agency on aging shall be deemed a “public agency” only for purposes of this part and only with respect to the employees of the agency. (3) Notwithstanding any other provision of this part, the area agency on aging may elect by appropriate provision or amendment of its contract not to provide credit for service prior to the effective date of its contract. (y) (1) A nonprofit mutual water company operating pursuant to Chapter 1 (commencing with Section 14300) of Part 7 of Division 3 of Title 1 of the Corporations Code, upon obtaining a written advisory opinion from the United States Department of Labor as described in Section 20057.1, if both of the following requirements are satisfied: (A) More than 50 percent of the company’s shares are owned by a municipality. (B) The governing body of the company is a local public agency, as defined in Section 7920.510 and subdivision (a) of Section 7920.525, and a legislative body, as defined in Section 54952. (2) A nonprofit mutual water company that meets the requirements specified in paragraph (1) shall be deemed a “public agency” only for the purposes of this part and only with respect to the employees of the agency. (3) A nonprofit mutual water company that meets the requirements specified in paragraph (1) shall be deemed a “public agency” for purposes of this part only if it complies with the provisions of Division 10 (commencing with Section 7920.000) of Title 1 and Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5. (Amended by Stats. 2021, Ch. 615, Sec. 185. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  54. 20057.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    An organization covered by this provision must get a written advisory opinion from the U.S. Department of Labor to qualify as a public agency.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20057.1. To qualify as a “public agency” within the meaning of this part, any organization that qualifies under amendments to the definitions of “public agency” effective on or after January 1, 2002, shall also obtain a written advisory opinion from the United States Department of Labor stating that the organization is an agency or instrumentality of the state or a political subdivision thereof within the meaning of Sections 1001 et seq. of Title 29 of the United States Code. (Amended by Stats. 2001, Ch. 793, Sec. 2. Effective January 1, 2002.)
  55. 20058.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section defines several retirement-system terms and says they refer to the Public Employees’ Retirement System or related Public Employees’ retirement laws and fund.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20058. (a) “Retirement system” or “this system” means the Public Employees’ Retirement System. (b) As used in this code and in every other statute heretofore or hereafter enacted, or in every contract heretofore or hereafter entered into under any provisions of law, the term “State Employees’ Retirement Law” shall be construed to refer to and mean the “Public Employees’ Retirement Law”; the term “State Employees’ Retirement System” shall be construed to refer to and mean the “Public Employees’ Retirement System”; and the term “State Employees’ Retirement Fund” shall be construed to refer to and mean the “Public Employees’ Retirement Fund.” (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  56. 20059.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    “Regular interest” means interest at the annual interest rate used for crediting interest, compounded annually.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20059. “Regular interest” means interest at the annual interest rate for purposes of crediting of interest, compounded annually. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  57. 20060.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section defines “retirement” as the granting of a retirement allowance under this part.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20060. “Retirement” means the granting of a retirement allowance under this part. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  58. 20061.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section defines “retirement allowance” as either the service retirement allowance or the disability retirement allowance.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20061. “Retirement allowance” means the service retirement allowance or the disability retirement allowance. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  59. 20062.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section defines “retirement fund” as the Public Employees’ Retirement Fund continued under this part.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20062. “Retirement fund” means the Public Employees’ Retirement Fund continued in existence by this part. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  60. 20062.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section defines “risk pool” as a combination of assets and liabilities tied to one or more contracting agencies for pooling actuarial experience and setting employer contribution rates.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20062.5. “Risk pool” means the combination of assets and liabilities with respect to one or more contracting agencies for the purpose of pooling actuarial experience and setting the employer contribution rates pursuant to Section 20840. (Added by Stats. 2002, Ch. 1133, Sec. 2. Effective January 1, 2003.)
  61. 20063.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section defines “school employer” and excludes some education agencies that participate in a risk pool.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20063. (a) “School employer” means a county superintendent of schools, other than the Los Angeles County Superintendent of Schools and the San Diego County Superintendent of Schools, that has entered into a contract with the board pursuant to Chapter 6 (commencing with Section 20610) and any school district or community college district that was a contracting agency on July 1, 1983, excluding that portion of a contract with the Los Angeles City Unified School District and the Los Angeles Community College District that pertains to local police officers, as defined in Section 20430, on July 1, 1983, and excluding a school district or a community college district, as defined in subdivision (i) of Section 20057, that entered into a contract with the board on or after January 1, 1990, and whose employees are school safety members, as defined in Section 20444. (b) Notwithstanding subdivision (a), “school employer” may not include any county office of education, school district, or community college district that participates in a risk pool. (Amended by Stats. 2002, Ch. 1133, Sec. 3. Effective January 1, 2003.)
  62. 20064.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    “School safety service” includes service rendered as a school safety member in employment with a school district or community college district.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20064. “School safety service” includes service rendered as a school safety member in employment with a school district or community college district, as defined in subdivision (i) of Section 20057. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  63. 20065.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    An employee counts as serving on a part-time basis if they work less time than employees who serve full-time, even if they can be called in at any time.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20065. An employee is “serving on a part-time basis” when he or she engages in his or her duties for less time than is required of employees serving on a full-time basis, even though he or she is subject to call at any time. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  64. 20065.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    References to spouse, surviving spouse, or marriage in this part are treated as including a domestic partner or domestic partnership, and the rights and responsibilities given to a spouse or surviving spouse are extended equally to a domestic partner to the extent allowed by Family Code Section 297.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20065.5. All references to “spouse,” “surviving spouse,” or “marriage” in this part 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. 2. (SB 987) Effective January 1, 2013.)
  65. 20066.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section defines “State peace officer/firefighter service.”

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20066. “State peace officer/firefighter service” means service rendered as a state peace officer/firefighter member only while receiving compensation for that service, except as provided in Article 4 (commencing with Section 20990) of Chapter 11. It also includes service rendered in an employment in which persons have since become state peace officer/firefighter members. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  66. 20067.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section defines “State peace officer/firefighter service” to include certain earlier service at California State University for members covered by Section 20394.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20067. “State peace officer/firefighter service,” with respect to a member who becomes a state peace officer/firefighter member pursuant to Section 20394, also includes service prior to July 1, 1986, as an employee of the California State University. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  67. 20068.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section defines “state safety service” and lists what service counts, what extra service is included for certain members, and what service is excluded.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20068. (a) “State safety service” means service rendered as a state safety member only while receiving compensation for that service, except as provided in Article 4 (commencing with Section 20990) of Chapter 11. It also includes service rendered in an employment in which persons have since become state safety members and service rendered prior to April 1, 1973, and falling within the definition of warden, forestry, and law enforcement service under this chapter prior to April 1, 1973. “State safety service” pursuant to this subdivision does not include service as an investigator prior to April 1, 1973, within the Department of Justice of persons who prior to April 1, 1973, were classed as miscellaneous members. (b) “State safety service” with respect to a member who becomes a state safety member pursuant to Section 20405 shall also include service prior to the date on which he or she becomes a state safety member as an officer or employee of the Department of Corrections and Rehabilitation. (c) “State safety service” with respect to a member who becomes a state safety member pursuant to Sections 20409 and 20410 shall also include service in a class specified in these sections or service pursuant to subdivision (a), prior to September 27, 1982. (d) “State safety service,” with respect to a member who becomes a state safety member pursuant to Sections 20414 and 20415, shall also include service prior to September 22, 1982, as an officer or employee of the Department of Parks and Recreation or the Military Department. (e) “State safety service” does not include service in classes specified in Section 20407 prior to January 1, 1989. (f) “State safety service” does not include service in classes specified in Section 20408 prior to January 1, 1990. (g) “State safety service,” with respect to a member who becomes a state safety member pursuant to subdivision (b) of Section 20405.1, shall also include service rendered in an employment in which persons have since become state safety members, as determined by the Department of Human Resources pursuant to that section. (Amended by Stats. 2012, Ch. 665, Sec. 110. (SB 1308) Effective January 1, 2013.)
  68. 20069.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section defines “state service” for retirement-system purposes.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20069. (a) “State service” means service rendered as an employee or officer (employed, appointed, or elected) of the state, the California Institute for Regenerative Medicine and the officers and employees of its governing body, the university, a school employer, or a contracting agency, for compensation, and only while receiving compensation from that employer therefor, except as provided in Article 4 (commencing with Section 20990) of Chapter 11. (b) “State service,” solely for purposes of qualification for benefits and retirement allowances under this system, shall also include service rendered as an officer or employee of a county if the salary for the service constitutes compensation earnable or pensionable compensation pursuant to Section 7522.34, whichever is applicable, by a member of this system under Section 20638. (c) “State service,” except for purposes of qualification for health or dental benefits, shall also include compensated service rendered by an officer, warrant officer, or a person of the enlisted ranks of the California National Guard who has elected to become a member pursuant to Section 20326 and who has not canceled their membership pursuant to Section 20327. (Amended by Stats. 2025, Ch. 239, Sec. 12. (SB 853) Effective January 1, 2026. Note: This section was amended on Nov. 2, 2004, by initiative Prop. 71.)
  69. 20069.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    “Trial court” has the same meaning as that term is defined in the Trial Court Employment Protection and Governance Act.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20069.1. “Trial court” shall have the same meaning as the term is defined in the Trial Court Employment Protection and Governance Act (Chapter 7 (commencing with Section 71600) of Title 8). (Added by Stats. 2000, Ch. 1010, Sec. 4. Effective January 1, 2001.)
  70. 20070.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section defines “1959 survivor allowance” as the allowance provided for in specified sections.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20070. “1959 survivor allowance” means the allowance provided for in Sections 21571, 21572, 21573, 21574, 21574.5, and 21574.7. (Amended by Stats. 2001, Ch. 793, Sec. 3. Effective January 1, 2002.)
  71. 20071.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    “University” is defined to mean the University of California, including The Regents of the University of California.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20071. “University” means the University of California and includes The Regents of the University of California as defined and authorized by Section 9 of Article IX of the California Constitution. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  72. 20085.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Penalties [20085- 20085.] ( Article 3 added by Stats. 2008, Ch. 369, Sec. 4. )

    Verify source ↗

    A person must not make or use false statements or conceal material facts to get or affect benefits from this system, and violations can lead to jail, fines, and restitution.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Penalties [20085- 20085.] ( Article 3 added by Stats. 2008, Ch. 369, Sec. 4. ) ## 20085. (a) It is unlawful for a person to do any of the following: (1) Make, or cause to be made, any knowingly false material statement or material representation, to knowingly fail to disclose a material fact, or to otherwise provide false information with the intent to use it, or allow it to be used, to obtain, receive, continue, increase, deny, or reduce any benefit administered by this system. (2) Present, or cause to be presented, any knowingly false material statement or material representation for the purpose of supporting or opposing an application for any benefit administered by this system. (3) Knowingly accept or obtain payment from this system with knowledge that the recipient is not entitled to the payment under the provisions of this part and with the intent to retain the payment for personal use or benefit. (4) Knowingly aid, abet, solicit, or conspire with any person to do an act prohibited by this section. (b) For purposes of this section, “statement” includes, but is not limited to, any oral or written application for benefits, report of family relationship, report of injury or physical or mental limitation, hospital records, test results, physician reports, or other medical records, employment records, duty statements, reports of compensation, or any other evidence material to the determination of a person’s initial or continued eligibility for a benefit or the amount of a benefit administered by this system. (c) A person who violates any provision of this section is punishable by imprisonment in a county jail not to exceed one year, or by a fine of not more than five thousand dollars ($5,000), or by both that imprisonment and fine. (d) A person violating any provision of this section may be required by the court in a criminal action to make restitution to this system, or to any other person determined by the court, for the amount of the benefit unlawfully obtained, unless the court finds that restitution, or a portion of it, is not in the interests of justice. Any restitution order imposed pursuant to this section shall be satisfied before any criminal fine imposed under this section may be collected. (e) The provisions provided by this section are cumulative and shall not be construed as restricting the application of any other law. (Added by Stats. 2008, Ch. 369, Sec. 4. Effective January 1, 2009.)
  73. 20090.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. The Board of Administration [20090 - 20100] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The section keeps the Public Employees’ Retirement System Board of Administration in existence and lists its members.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. The Board of Administration [20090 - 20100] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20090. The Board of Administration of the Public Employees’ Retirement System is continued in existence. It consists of: (a) One member of the State Personnel Board, selected by and serving at the pleasure of the State Personnel Board. (b) The Director of Human Resources. (c) The Controller. (d) The Treasurer. (e) An official of a life insurer and an elected official of a contracting agency, appointed by the Governor. (f) One person representing the public, appointed jointly by the Speaker of the Assembly and the Senate Committee on Rules. (g) Six members elected under the supervision of the board as follows: (1) Two members elected by the members of this system from the membership thereof. (2) A member elected by the active state members of this system from the state membership thereof. (3) A member elected by and from the active local members of this system who are employees of a school district or a county superintendent of schools. (4) A member elected by and from the active local members of this system other than those who are employees of a school district or a county superintendent of schools. (5) A member elected by and from the retired members of this system. (Amended by Stats. 2012, Ch. 665, Sec. 111. (SB 1308) Effective January 1, 2013.)
  74. 20090.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. The Board of Administration [20090 - 20100] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Certain board members and the Director of Human Resources may appoint deputies to act for them on the board or its committees.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. The Board of Administration [20090 - 20100] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20090.1. (a) Notwithstanding any other provision of law to the contrary, the member of the board who is an elected official of a contracting agency appointed by the Governor, pursuant to subdivision (e) of Section 20090, may designate a deputy, who is employed under the official’s authority, to act in his or her place and stead on the board or any of its committees. The deputy, while sitting on the board or any of its committees, may exercise the same powers that the elected official could exercise if he or she were personally present. The elected official shall be responsible for the acts of the deputy acting under this designation. (b) Notwithstanding any other provision of law to the contrary, the Director of Human Resources may designate a deputy, who is employed under the director’s authority, to act in his or her place and stead on the board or any of its committees. The deputy, while sitting on the board or any of its committees, may exercise the same powers that the director could exercise if he or she were personally present. The director shall be responsible for the acts of the deputy acting under this designation. (Amended by Stats. 2012, Ch. 665, Sec. 112. (SB 1308) Effective January 1, 2013.)
  75. 20091.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. The Board of Administration [20090 - 20100] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Certain board members are entitled to $100 for each day, or part of a day, they actually attend qualifying board or committee meetings, plus necessary travel expenses.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. The Board of Administration [20090 - 20100] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20091. The members of the board appointed by the Governor pursuant to subdivision (e) of Section 20090, the public member appointed jointly by the Senate Committee on Rules and the Speaker of the Assembly pursuant to subdivision (f) of Section 20090, and any retired person serving on the board pursuant to subdivision (g) of Section 20090 shall receive one hundred dollars ($100) for every day or portion thereof of actual attendance at meetings of the board or any meeting of any committee of the board of which committee the person is a member and which meeting is conducted for the purpose of carrying out the powers and duties of the board, together with their necessary traveling expenses incurred in connection with performance of their official duties. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  76. 20092.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. The Board of Administration [20090 - 20100] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The retirement fund must reimburse an employing agency for salary and benefits paid to an elected board member while the member is on approved board-related leave.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. The Board of Administration [20090 - 20100] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20092. Each employing agency that employs an elected member of the board shall be reimbursed by the retirement fund in an amount equal to the salary and benefits paid to the elected board member by the employing agency for the percentage of the elected board member’s regular work schedule during which the elected board member is on leave from the employing agency to attend meetings or activities of the board, or meetings of committees or subcommittees of the board, or when serving as president or vice president of the board or chair or vice chair of a committee or subcommittee of the board, or when carrying out other powers or duties as may be approved by the board, or to otherwise fulfill his or her responsibilities to the system. (Amended by Stats. 2013, Ch. 778, Sec. 1. (SB 215) Effective January 1, 2014.)
  77. 20093.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. The Board of Administration [20090 - 20100] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Board members serve without compensation and may be reimbursed for actual and necessary expenses incurred through board service.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. The Board of Administration [20090 - 20100] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20093. The members of the board shall serve without compensation, but shall be reimbursed for actual and necessary expenses incurred through service on the board. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  78. 20094.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. The Board of Administration [20090 - 20100] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The counsel to the board must notify new board members when they take office and notify every board member each year that gift rules apply.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. The Board of Administration [20090 - 20100] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20094. The counsel to the board shall notify each new member of the board upon his or her assumption of office and each member of the board annually that he or she is subject to the gift provisions of Chapter 9.5 (commencing with Section 89500) of Title 9. (Amended by Stats. 2006, Ch. 538, Sec. 291. Effective January 1, 2007.)
  79. 20095.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. The Board of Administration [20090 - 20100] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Board members serve four-year terms, vacancies are filled by special elections or appointments, and elected board members may stay in office until the term ends.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. The Board of Administration [20090 - 20100] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20095. The term of office of members of the board is four years expiring on January 15 in the order fixed by law. The board shall hold special elections to fill vacancies which occur during the term of elected members of the board. If at the time a vacancy occurs, the unexpired term is less than two years, the new member elected to fill that vacancy shall hold office for a period equal to the remainder of the term of the vacated office plus four years. The Governor or the Speaker of the Assembly and the Senate Committee on Rules, as the case may be, shall fill a vacancy of a member appointed pursuant to subdivision (e) or (f) of Section 20090 by the appointment of a person having the requisite qualifications for the remainder of the vacated term of office. Notwithstanding any other provision of this part, any person elected to the board under Section 20090 shall be entitled to hold that office until the end of the term. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  80. 20096.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. The Board of Administration [20090 - 20100] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The board must distribute ballots to active and retired members before each election, make returned ballots free to send back, and develop election procedures. The Secretary of State must certify the results, and the board may require election workers to certify their work under penalty of perjury.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. The Board of Administration [20090 - 20100] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20096. The board shall cause ballots to be distributed to each active and retired member of the system in advance of each election, and shall provide for the return of the voted ballots to the board without cost to the member, and shall develop election procedures. The results shall be certified by the Secretary of State. The board may require all persons who perform election duties to certify, under penalty of perjury, that they properly performed those duties. (Amended by Stats. 1996, Ch. 724, Sec. 21. Effective January 1, 1997.)
  81. 20096.3.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. The Board of Administration [20090 - 20100] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    If an incumbent board member does not submit nomination papers by the filing deadline, another eligible person may file for the same office within 10 days.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. The Board of Administration [20090 - 20100] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20096.3. If an incumbent member of the board, holding a board seat described in subdivision (g) of Section 20090, does not deliver his or her completed nomination documents to the election coordinator for reelection by the applicable filing deadline for candidates for the seat, any otherwise eligible person other than the person who was the incumbent on the filing deadline shall have until 10 days after the filing deadline to file nomination documents for the same office. This section is not applicable if there is no incumbent eligible to be elected or if the notice of election states that the incumbent does not intend to be a candidate for reelection. (Added by Stats. 2002, Ch. 1139, Sec. 1. Effective January 1, 2003.)
  82. 20096.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. The Board of Administration [20090 - 20100] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Certain board-seat candidates, including incumbent members seeking reelection, must file campaign statements with the Secretary of State and the board.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. The Board of Administration [20090 - 20100] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20096.5. Candidates for board seats described in subdivision (g) of Section 20090, including incumbent board members running for reelection, shall file campaign statements with the Secretary of State and the board pursuant to Article 2 (commencing with Section 84200) of Chapter 4 of Title 9. (Amended by Stats. 2011, Ch. 440, Sec. 1. (AB 1028) Effective January 1, 2012.)
  83. 20097.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. The Board of Administration [20090 - 20100] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The board must keep its office in Sacramento, have a quorum of seven members, and elect a president from its membership.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. The Board of Administration [20090 - 20100] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20097. The board shall maintain its office in the City of Sacramento. A quorum of the board is seven members. The board shall elect a president from its membership. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  84. 20098.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. The Board of Administration [20090 - 20100] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The board must appoint and set pay for specified senior retirement-system positions, and former covered officials face a two-year compensation-based post-employment restriction on representing others before the system.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. The Board of Administration [20090 - 20100] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20098. (a) The board shall appoint and, notwithstanding Sections 19825, 19826, 19829, and 19832, shall fix the compensation of an executive officer, a general counsel, a chief actuary, a chief investment officer, a chief financial officer, a chief operating officer, a chief health director, and other investment officers and portfolio managers whose positions are designated managerial pursuant to Section 18801.1. (b) The executive officer, deputy executive officers, and the assistant executive officers may administer oaths. (c) When fixing the compensation for the positions specified in subdivision (a), the board shall be guided by the principles contained in Sections 19826 and 19829, consistent with its fiduciary responsibility to its members to recruit and retain highly qualified and effective employees for these positions. (d) The annual percentage increase in salary that may be paid pursuant to this section to a person who served as chief health director or as chief operating officer on January 1, 2018, and who does not separate from service in the position prior to the date on which the increase is applied, shall not exceed either of the following: (1) Ten percent for the 2018–19 fiscal year. (2) Five percent for any fiscal year subsequent to the 2018–19 fiscal year. (e) When a position specified in subdivision (a) is filled through a general civil service appointment, it shall be filled from an eligible list based on an examination that was held on an open basis, and tenure in the position shall be subject to Article 2 (commencing with Section 19590) of Chapter 7 of Part 2. In addition to the causes for action specified in that article, the board may take action under the article for causes related to its fiduciary responsibility to its members, including the employee’s failure to meet specified performance objectives. (f) An individual who held a position designated in subdivision (a), or was a member of the board, a deputy executive officer, or an assistant executive officer, shall not, for a period of two years after leaving that position, for compensation, act as agent or attorney for, or otherwise represent, any other person, except the state, by making any formal or informal appearance before, or any oral or written communication to, the Public Employees’ Retirement System, or any officer or employee thereof, if the appearance or communication is made for the purpose of influencing administrative or legislative action or any action or proceeding involving the issuance, amendment, awarding, or revocation of a permit, license, grant, contract, or sale or purchase of goods or property. (Amended by Stats. 2018, Ch. 916, Sec. 1. (AB 2415) Effective January 1, 2019.)
  85. 20099.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. The Board of Administration [20090 - 20100] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The board may appoint a committee, delegate authority to the executive officer, and later review, ratify, or reverse their acts unless it has allowed final action.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. The Board of Administration [20090 - 20100] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20099. The board may appoint a committee of one or more of its members to perform any act within the power of the board itself to perform. The board may also delegate authority to the executive officer to perform those acts. Except where the board, in delegating authority to a committee or the executive officer, provides that the committee or the executive officer may act finally, all acts of the committee or the executive officer shall be reported to the board, at its next regular meeting, and shall be subject to review and ratification or reversal by the board. Reversal by the board of any act of the committee or the executive officer shall be effective as of the date fixed by the board, but payment of benefits prior to board action shall not be affected by that action, except for such recovery of amounts paid from the person to whom they were paid as the board may direct. The executive officer may delegate to his or her subordinates any act or duty unless the board by motion or resolution recorded in the minutes has required him or her to act personally. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  86. 201.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. SOVEREIGNTY AND PEOPLE OF THE STATE [100 - 275.2] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Sovereignty of the State [100 - 210.6] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 5. Rights Over Persons [200 - 210.6] ( Article 5 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    The State may punish for crime.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. SOVEREIGNTY AND PEOPLE OF THE STATE [100 - 275.2] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Sovereignty of the State [100 - 210.6] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 5. Rights Over Persons [200 - 210.6] ( Article 5 enacted by Stats. 1943, Ch. 134. ) ## 201. The State may punish for crime. (Enacted by Stats. 1943, Ch. 134.)
  87. 20100.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. The Board of Administration [20090 - 20100] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The board must adopt an education policy for board members, require at least 24 hours of education in the first two years and each later two-year period, keep compliance records, and post the policy and annual compliance report on the system website.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. The Board of Administration [20090 - 20100] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20100. The board shall adopt a policy for providing education to board members. The policy, at a minimum, shall do the following: (a) Identify appropriate topics for board member education, which may include, but are not limited to, the following: (1) Fiduciary responsibilities. (2) Ethics. (3) Pension fund investments and investment program management. (4) Actuarial matters. (5) Pension funding. (6) Benefits administration. (7) Disability evaluation. (8) Fair hearings. (9) Pension fund governance. (10) New board member orientation. (b) Establish a means for determining the programs, training, and educational sessions that qualify as board member education. (c) Require that all board members receive a minimum of 24 hours of board member education within the first two years of assuming office and for every subsequent two-year period the board member continues to hold membership on the board. (d) Require the board to maintain a record of board member compliance with the policy. The policy and an annual report on board member compliance shall be placed on the system’s Internet Web site. (Added by Stats. 2014, Ch. 140, Sec. 1. (AB 1163) Effective January 1, 2015.)
  88. 20120.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Powers and Duties of the Board [20120 - 20140] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The board has management and control 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 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Powers and Duties of the Board [20120 - 20140] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20120. The management and control of this system is vested in the board. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  89. 20121.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Powers and Duties of the Board [20120 - 20140] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The board may make rules it considers proper.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Powers and Duties of the Board [20120 - 20140] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20121. The board may make such rules as it deems proper. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  90. 20122.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Powers and Duties of the Board [20120 - 20140] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Each member and each retired person is subject to this part and to rules adopted by the board.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Powers and Duties of the Board [20120 - 20140] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20122. Each member and each person retired is subject to this part and the rules adopted by the board. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  91. 20123.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Powers and Duties of the Board [20120 - 20140] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The board must determine, and may modify, benefits for service and disability, subject to this part and its rules.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Powers and Duties of the Board [20120 - 20140] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20123. Subject to this part and its rules, the board shall determine and may modify benefits for service and disability. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  92. 20124.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Powers and Duties of the Board [20120 - 20140] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The board must adjust benefit payments as needed to maximize benefits for members subject to federal Section 415 limits.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Powers and Duties of the Board [20120 - 20140] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20124. The board shall adjust the payment of benefits payable pursuant to this part, as necessary, in order to maximize the benefits available to members who are subject to the limits of Section 415 of Title 26 of the United States Code. Those adjustments shall include, but are not limited to, cost-of-living adjustments, cost-of-living banks, temporary annuities, survivor continuance benefits, or any combinations thereof. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  93. 20125.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Powers and Duties of the Board [20120 - 20140] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The board must determine who counts as employees and has sole authority to judge the conditions for admitting people to, and continuing benefits under, the system.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Powers and Duties of the Board [20120 - 20140] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20125. The board shall determine who are employees and is the sole judge of the conditions under which persons may be admitted to and continue to receive benefits under this system. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  94. 20126.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Powers and Duties of the Board [20120 - 20140] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    If this system refuses to admit liability under this part, that refusal is not treated as arbitrary or capricious conduct.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Powers and Duties of the Board [20120 - 20140] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20126. Refusal by this system to admit liability pursuant to any provision of this part shall not be considered arbitrary or capricious action or conduct within the meaning of Section 800, or any other provision of law. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  95. 20127.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Powers and Duties of the Board [20120 - 20140] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The board may require a member to provide evidence of entitlement to federal-system benefits.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Powers and Duties of the Board [20120 - 20140] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20127. The board may require a member to provide evidence of his or her entitlement to benefits under the federal system. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  96. 20128.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Powers and Duties of the Board [20120 - 20140] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The board may require a member or beneficiary to provide information needed to determine the retirement system’s liability and a person’s entitlement to benefits.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Powers and Duties of the Board [20120 - 20140] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20128. Notwithstanding any other provision of law, the board may require a member or beneficiary to provide information it deems necessary to determine this system’s liability with respect to, and an individual’s entitlement to, benefits prescribed by this part. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  97. 20129.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Powers and Duties of the Board [20120 - 20140] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The board must pay reasonable compensation for medical service and advice when needed to carry out its duties on disability or death matters.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Powers and Duties of the Board [20120 - 20140] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20129. The board shall secure and pay reasonable compensation for medical service and advice necessary to discharge its duties respecting matters involving disability or death, or both. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  98. 20130.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Powers and Duties of the Board [20120 - 20140] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The board may make an agreement for the State Compensation Insurance Fund or the Attorney General to represent the retirement system in certain Workers’ Compensation Appeals Board proceedings.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Powers and Duties of the Board [20120 - 20140] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20130. The board may enter into an agreement with the State Compensation Insurance Fund under which the latter shall represent this system, as its agent, or the Attorney General under which the latter shall represent this system, in proceedings instituted or to be instituted before the Workers’ Compensation Appeals Board as may be referred to it by the board to determine whether the death or disability of a member is industrial. The agreed cost of this service and the expenses incidental thereto shall be paid from the retirement fund, except that there shall be no charge to this system by the Attorney General in cases involving members of this system who are employees of the General Fund state agencies. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  99. 20131.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Powers and Duties of the Board [20120 - 20140] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The board must keep data needed for the system’s actuarial valuation in a convenient form.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Powers and Duties of the Board [20120 - 20140] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20131. The board shall keep in convenient form data necessary for the actuarial valuation of this system. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  100. 20132.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Powers and Duties of the Board [20120 - 20140] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The board must adopt necessary mortality, service, and actuarial interest tables based on an investigation, valuation, or determination.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Powers and Duties of the Board [20120 - 20140] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20132. (a) Upon the basis of any investigation, valuation, or determination, or all of these, the board shall adopt mortality, service and other tables and annual and actuarial interest rates it deems necessary. (b) A change in interest rate adopted by the board shall not apply to any election of a member to deposit or redeposit contributions, including interest, filed prior to the date the change was placed into effect. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  101. 20133.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Powers and Duties of the Board [20120 - 20140] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The actuary must periodically perform actuarial investigations and valuations, and from time to time determine the retirement fund’s rate of interest after certain administration costs are deducted.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Powers and Duties of the Board [20120 - 20140] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20133. As of June 30, 1991, and thereafter at the end of periods not to exceed four years, the actuary shall make 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, the actuary shall determine the rate of interest being earned on the retirement fund after deducting from earnings amounts applied to costs of administration of this system. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  102. 20134.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Powers and Duties of the Board [20120 - 20140] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The board may choose to hold a hearing, and if it does, the hearing must follow Chapter 5 procedures, except Section 11508 does not apply.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Powers and Duties of the Board [20120 - 20140] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20134. The board may, in its discretion, hold a hearing for the purpose of determining any question presented to it involving any right, benefit, or obligation of a person under this part. Where a hearing is held, the proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3, and the board shall have all of the powers granted therein; except that Section 11508 shall not apply, and the hearing shall be held at the time and place determined by the board. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  103. 20135.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Powers and Duties of the Board [20120 - 20140] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The board must, to the extent possible, resolve conflicts between retirement systems for certain state hospital employees transferred to county or local mental health programs.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Powers and Duties of the Board [20120 - 20140] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20135. To the extent possible, the board shall resolve conflicts between retirement systems applicable to state hospital employees transferred to county or local mental health programs as a result of state hospital closures or scheduled state hospital closures. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  104. 20136.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Powers and Duties of the Board [20120 - 20140] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The board must report annually to the Legislature about emerging and diverse managers in its investment portfolio and define that term for this section.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Powers and Duties of the Board [20120 - 20140] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20136. (a) Commencing March 1, 2023, and annually thereafter, the board shall submit a report to the Legislature on the status of achieving appropriate objectives and initiatives, as defined by the board, regarding participation of emerging and diverse managers responsible for asset management within its portfolio of investments. The report shall be based on contracts that the system enters into on and after January 1, 2022. (b) The report shall also identify and include both of the following: (1) The name of each emerging and diverse manager providing investment portfolio or asset management services at the end of the prior fiscal year, including, but not limited to, fund of funds contracts, for all asset classes, as applicable. The board shall also report the year the emerging or diverse manager was first engaged or contracted to provide investment portfolio or asset management services. (2) The amount managed by each emerging and diverse manager by asset class at the end of the prior fiscal year, as well as the total amount allocated by the system in the applicable asset class during the year and the total amount of the asset class in the system’s investment portfolio. (c) The board shall define the term “emerging and diverse manager” for purposes of this section. (d) The report required by this section shall be submitted in compliance with Section 9795. (e) Nothing in this section shall require the board to take action unless the board determines in good faith that the action described in this section is consistent with the fiduciary responsibilities of the board as described in Section 17 of Article XVI of the California Constitution. (f) This section shall not require the board to disclose information that is excepted from disclosure under Section 7928.710. (g) This section shall remain in effect only until January 1, 2028, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2028, deletes or extends that date. (Amended by Stats. 2022, Ch. 28, Sec. 70. (SB 1380) Effective January 1, 2023. Repealed as of January 1, 2028, by its own provisions.)
  105. 20138.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Powers and Duties of the Board [20120 - 20140] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The board must set rules for education for system members, including preretirement information seminars.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Powers and Duties of the Board [20120 - 20140] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20138. (a) Notwithstanding any other provisions of law, the board shall provide by rule for conducting education, including, but not limited to, structured preretirement information seminars, for the benefit of all members. (b) The board shall devise plans for, and in cooperation with appointing powers, design structured educational offerings to enhance awareness of the features, benefits, and services of this system. The educational offerings shall also include information to assist members to gain awareness of the importance of financial and estate planning and how choices and options offered by this system may impact retirement security. (Amended by Stats. 2017, Ch. 241, Sec. 3. (SB 525) Effective January 1, 2018.)
  106. 20139.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Powers and Duties of the Board [20120 - 20140] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The board has power to administer funds in the California Secure Choice Retirement Savings Trust and help California workers plan and save for retirement.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Powers and Duties of the Board [20120 - 20140] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20139. The board shall have the power to administer funds in the California Secure Choice Retirement Savings Trust pursuant to a contract with the California Secure Choice Retirement Savings Investment Board as provided in Title 21 (commencing with Section 100000) and to help all California workers to plan and save for retirement. (Added by Stats. 2012, Ch. 734, Sec. 2. (SB 1234) Effective January 1, 2013.)
  107. 20140.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Powers and Duties of the Board [20120 - 20140] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The board must collect fingerprint images and related information from certain employees or job candidates, submit them to the Department of Justice, and use the returned records only for employment screening purposes allowed by the section.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Powers and Duties of the Board [20120 - 20140] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20140. (a) The board shall require fingerprint images and related information from any employee or prospective employee while a conditional offer is still pending whose duties include or would include access to any of the following: (1) Confidential data filed with the board as described in Section 20230. (2) Personal information as defined in subdivision (v) of Section 1798.140 of the Civil Code. (3) Sensitive personal information as defined in subdivision (ae) of Section 1798.140 of the Civil Code. (4) Protected health information as described in the Health Insurance Portability and Accountability Act of 1996 (HIPAA). (5) Actuarial, investment, audit, accounting, and financial information, required to meet fiduciary responsibilities, as described in Article 3 (commencing with Section 20150). (6) Cash and checks. (b) This system shall submit to the Department of Justice fingerprint images and related information required by the Department of Justice of each employee and prospective employee described in subdivision (a) in accordance with subdivision (u) of Section 11105 of the Penal Code. (c) The Department of Justice shall provide a state- or federal-level response to this system pursuant to subdivision (p) of Section 11105 of the Penal Code. (d) This system shall use the records and information received from the Department of Justice pursuant to subdivisions (b) and (c) exclusively for the purposes of employment subject to Section 19572 of the Government Code and to screen prospective employees while a conditional offer is still pending with this system. (Added by Stats. 2024, Ch. 997, Sec. 13. (AB 179) Effective September 30, 2024.)
  108. 20150.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Fiduciary Duties [20150 - 20153] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Board members and board employees are prohibited from having interests in system investments, borrowing system funds, or acting as indorsers, sureties, or obligors on board investments.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Fiduciary Duties [20150 - 20153] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20150. A board member or employee of the board shall not, directly or indirectly: (a) Have any interest in the making of any investment, or in the gains or profits accruing therefrom. (b) For himself or herself or as an agent or partner of others, borrow any funds or deposits of this system, nor use those funds or deposits in any manner except to make current and necessary payments authorized by the board. (c) Become an indorser, surety or obligor on investments by the board. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  109. 20151.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Fiduciary Duties [20150 - 20153] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The board, its officers, and employees must manage the system only in the interest of participants and beneficiaries, for specified benefit and expense purposes, while minimizing employers’ costs and investing prudently.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Fiduciary Duties [20150 - 20153] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20151. The board and its officers and employees shall discharge their duties with respect to this system solely in the interest of the participants and beneficiaries: (a) For the exclusive purpose of both of the following: (1) Providing benefits to members, retired members, and their survivors and beneficiaries. (2) Defraying reasonable expenses of administering this system. (b) Minimizing the employers’ costs of providing benefits under this part. (c) By investing with the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with those matters would use in the conduct of an enterprise of a like character and with like aims. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  110. 20152.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Fiduciary Duties [20150 - 20153] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The retirement fund is continuously appropriated to the board for the amount needed to pay insurance obtained under Section 7511, and the Controller must draw warrants when the board demands them.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Fiduciary Duties [20150 - 20153] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20152. Notwithstanding Section 13340, there is hereby continuously appropriated, without regard to fiscal years, from the retirement fund to the board, the amount necessary to pay for any insurance obtained pursuant to Section 7511, which payments shall be made upon warrants drawn by the Controller upon demands made by the board. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  111. 20152.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Fiduciary Duties [20150 - 20153] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A vendor or contractor must file a written disclosure before a closed session if they made qualifying campaign contributions or gifts to board members or system employees, and failure to disclose can lead to disqualification.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Fiduciary Duties [20150 - 20153] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20152.5. No matter involving any vendor or contractor in their individual or any other capacity shall be considered during a closed session on any transaction involving the system unless, prior to the closed session, a written disclosure has been submitted by the vendor or contractor of any campaign contributions aggregating two hundred fifty dollars ($250) or more and any gifts aggregating fifty dollars ($50) or more in value that the vendor or contractor has made during the preceding calendar year to any member of the board or any officer or employee of the system. Failure to disclose the campaign contributions and gifts shall provide the basis for disqualification of the contractor or the vendor. (Added by Stats. 1998, Ch. 923, Sec. 5. Effective January 1, 1999.)
  112. 20153.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Fiduciary Duties [20150 - 20153] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Board members and staff generally may not communicate privately about contract awards or investment transactions with financially interested parties, and certain communications must be disclosed.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Fiduciary Duties [20150 - 20153] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20153. (a) During the process leading to an award of any contract by the system, no member of the board or its staff shall knowingly communicate concerning any matter relating to the contract or selection process with any party financially interested in the contract or an officer or employee of that party, unless the communication is (1) part of the process expressly described in the request for proposal or other solicitation invitation, or (2) part of a noticed board meeting, or (3) as provided in subdivision (c). Any applicant or bidder who knowingly participates in a communication that is prohibited by this subdivision shall be disqualified from the contract award. (b) During the evaluation of any prospective investment transaction, no party who is financially interested in the transaction, or an officer or employee of that party, may knowingly communicate with any board member concerning any matter relating to the transaction or its evaluation, unless the financially interested party discloses the content of the communication in a writing addressed and submitted to the executive officer and the board prior to the board’s action on the prospective transaction. This subdivision shall not apply to communications that are part of a noticed board meeting, or as provided in subdivision (c). (1) The writing shall disclose the date and location of the communication, and the substance of the matters discussed. The board shall prescribe other procedures concerning this disclosure. (2) Any board member who participates in a communication subject to this subdivision shall also have the obligation to disclose the communication to the executive officer and board, prior to the board’s action on the prospective transaction. The board shall prescribe procedures for this disclosure, including procedures to apply to board members who fail to disclose communications as required by the subdivision. (3) Consistent with its fiduciary duties, the board shall determine the appropriate remedy for any knowing failure of a financially interested party to comply with this subdivision including, but not limited to, outright rejection of the prospective investment transaction, reduction in fee received, or any other sanction. (4) The communications disclosed under this subdivision shall be made public, either at the open meeting of the board in which the transaction is considered, or if in closed session, upon public disclosure of any closed session votes concerning the investment transaction. (c) The procedures and prohibitions prescribed by this section shall not apply to: (1) Communications that are incidental, exclusively social, and do not involve the system or its business, or the board or staff member’s role as a system official. (2) Communications that do not involve the system or its business and that are within the scope of the board or staff member’s private business or public office wholly unrelated to the system. (Amended by Stats. 1998, Ch. 923, Sec. 6. Effective January 1, 1999.)
  113. 20160.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Correction of Errors and Omissions [20160 - 20164.5] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The board may correct certain errors or omissions for active or retired members and beneficiaries, but only under stated conditions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Correction of Errors and Omissions [20160 - 20164.5] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20160. (a) Subject to subdivisions (c) and (d), the board may, in its discretion and upon any terms it deems just, correct the errors or omissions of any active or retired member, or any beneficiary of an active or retired member, provided that all of the following facts exist: (1) The request, claim, or demand to correct the error or omission is made by the party seeking correction within a reasonable time after discovery of the right to make the correction, which in no case shall exceed six months after discovery of this right. (2) The error or omission was the result of mistake, inadvertence, surprise, or excusable neglect, as each of those terms is used in Section 473 of the Code of Civil Procedure. (3) The correction will not provide the party seeking correction with a status, right, or obligation not otherwise available under this part. Failure by a member or beneficiary to make the inquiry that would be made by a reasonable person in like or similar circumstances does not constitute an “error or omission” correctable under this section. (b) Subject to subdivisions (c) and (d), the board shall correct all actions taken as a result of errors or omissions of the university, any contracting agency, any state agency or department, or this system. (c) The duty and power of the board to correct mistakes, as provided in this section, shall terminate upon the expiration of obligations of this system to the party seeking correction of the error or omission, as those obligations are defined by Section 20164. (d) The party seeking correction of an error or omission pursuant to this section has the burden of presenting documentation or other evidence to the board establishing the right to correction pursuant to subdivisions (a) and (b). (e) Corrections of errors or omissions pursuant to this section shall be such that the status, rights, and obligations of all parties described in subdivisions (a) and (b) are adjusted to be the same that they would have been if the act that would have been taken, but for the error or omission, was taken at the proper time. However, notwithstanding any of the other provisions of this section, corrections made pursuant to this section shall adjust the status, rights, and obligations of all parties described in subdivisions (a) and (b) as of the time that the correction actually takes place if the board finds any of the following: (1) That the correction cannot be performed in a retroactive manner. (2) That even if the correction can be performed in a retroactive manner, the status, rights, and obligations of all of the parties described in subdivisions (a) and (b) cannot be adjusted to be the same that they would have been if the error or omission had not occurred. (3) That the purposes of this part will not be effectuated if the correction is performed in a retroactive manner. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  114. 20161.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Correction of Errors and Omissions [20160 - 20164.5] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The system may skip collecting small underpayments, skip returning small accumulated contributions balances, and skip certain benefit recalculations when the stated dollar thresholds are met.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Correction of Errors and Omissions [20160 - 20164.5] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20161. Notwithstanding any other provision of this part or of Section 12438 or 16302.1 to the contrary, the following shall apply: (a) When there has been a payment of death benefits, a return of accumulated contributions, a contribution adjustment, or a deposit of contributions, this system may refrain from collecting an underpayment of accumulated contributions if the amount to be collected is two hundred fifty dollars ($250) or less. (b) When there has been a payment of death benefits, a return of accumulated contributions, a contribution adjustment, or a deposit of contributions, and there is a balance of fifty dollars ($50) or less remaining posted to a member’s individual account, or an overpayment of fifty dollars ($50) or less was received, this system may dispense with a return of accumulated contributions. (c) When there is a positive or negative balance of two hundred fifty dollars ($250) or less remaining posted to a member’s individual account, or the balance exceeds two hundred fifty dollars ($250) but the difference to the monthly allowance unmodified by any optional settlement is less than five dollars ($5), this system may dispense with any recalculation of, or other adjustment to, benefit payments. (d) The dollar amounts specified in subdivisions (a) and (c) shall be adjusted in accordance with any changes in the dollar amounts specified in Section 12438. (Amended by Stats. 2019, Ch. 330, Sec. 3. (SB 782) Effective January 1, 2020.)
  115. 20163.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Correction of Errors and Omissions [20160 - 20164.5] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The board must adjust contribution and payment errors, and it must change the actuarial-equivalent calculation basis at the stated intervals.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Correction of Errors and Omissions [20160 - 20164.5] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20163. (a) If more or less than the correct amount of contribution required of members, the state, or any contracting agency, is paid, proper adjustment shall be made in connection with subsequent payments, or the adjustments may be made by direct cash payments between the member, state, or contracting agency concerned and the board or by adjustment of the employer’s rate of contribution. Adjustments to correct any other errors in payments to or by the board, including adjustments of contributions, with interest, that are found to be erroneous as the result of corrections of dates of birth, may be made in the same manner. Adjustments to correct overpayment of a retirement allowance may also be made by adjusting the allowance so that the retired person or the retired person and his or her beneficiary, as the case may be, will receive the actuarial equivalent of the allowance to which the member is entitled. Losses or gains resulting from error in amounts within the limits set by the Department of General Services for automatic writeoff, and losses or gains in greater amounts specifically approved for writeoff by the Department of General Services, shall be debited or credited, as the case may be, to the reserve against deficiencies in interest earned in other years, losses under investments, and other contingencies. (b) No adjustment shall be made because less than the correct amount of normal contributions was paid by a member if the board finds that the error was not known to the member and was not the result of erroneous information provided by him or her to this system or to his or her employer. The failure to adjust shall not preclude action under Section 20160 correcting the date upon which the person became a member. (c) The actuarial equivalent under this section shall be computed on the basis of the mortality tables and actuarial interest rate in effect under this system on December 1, 1970, for retirements effective through December 31, 1979. Commencing with retirements effective January 1, 1980, and at corresponding 10-year intervals thereafter, or more frequently at the board’s discretion, the board shall change the basis for calculating actuarial equivalents under this article to agree with the interest rate and mortality tables in effect at the commencement of each 10-year or succeeding interval. (Amended by Stats. 2016, Ch. 31, Sec. 148. (SB 836) Effective June 27, 2016.)
  116. 20164.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Correction of Errors and Omissions [20160 - 20164.5] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section says retirement-system obligations continue for members, retired members, the state, contracting agencies, and members, and it sets limitation periods for correcting payment errors.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Correction of Errors and Omissions [20160 - 20164.5] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20164. (a) The obligations of this system to its members continue throughout their respective memberships, and the obligations of this system to and in respect to retired members continue throughout the lives of the respective retired members, and thereafter until all obligations to their respective beneficiaries under optional settlements have been discharged. The obligations of the state and contracting agencies to this system in respect to members employed by them, respectively, continue throughout the memberships of the respective members, and the obligations of the state and contracting agencies to this system in respect to retired members formerly employed by them, respectively, continue until all of the obligations of this system in respect to those retired members, respectively, have been discharged. The obligations of any member to this system continue throughout his or her membership, and thereafter until all of the obligations of this system to or in respect to him or her have been discharged. (b) For the purposes of payments into or out of the retirement fund for adjustment of errors or omissions, whether pursuant to Section 20160, 20163, or 20532, or otherwise, the period of limitation of actions shall be three years, and shall be applied as follows: (1) In cases where this system makes an erroneous payment to a member or beneficiary, this system’s right to collect shall expire three years from the date of payment. (2) In cases where this system owes money to a member or beneficiary, the period of limitations shall not apply. (c) Notwithstanding subdivision (b), in cases where payment is erroneous because of the death of the retired member or beneficiary or because of the remarriage of the beneficiary, the period of limitation shall be 10 years and shall commence with the discovery of the erroneous payment. (d) Notwithstanding subdivision (b), where any payment has been made as a result of fraudulent reports for compensation made, or caused to be made, by a member for his or her own benefit, the period of limitation shall be 10 years and that period shall commence either from the date of payment or upon discovery of the fraudulent reporting, whichever date is later. (e) The board shall determine the applicability of the period of limitations in any case, and its determination with respect to the running of any period of limitation shall be conclusive and binding for purposes of correcting the error or omission. (Amended by Stats. 2009, Ch. 130, Sec. 13. (AB 966) Effective January 1, 2010.)
  117. 20164.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Correction of Errors and Omissions [20160 - 20164.5] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    If the system decides reported compensation is disallowed, it must stop the reporting and can trigger contribution credits, benefit adjustments, notice, repayment, and a possible 20% penalty 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 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Correction of Errors and Omissions [20160 - 20164.5] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20164.5. (a) For purposes of this section, “disallowed compensation” means compensation reported for a member by the state, school employer, or a contracting agency that the system subsequently determines is not in compliance 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), Section 20636 or 20636.1, or the administrative regulations of the system. (b) If the system determines that the compensation reported for a member by the state, school employer, or a contracting agency is disallowed compensation, the system shall require the state, school employer, or contracting agency to discontinue reporting the disallowed compensation. This section shall also apply to determinations made on or after January 1, 2017, if an appeal has been filed and the member, the retired member, survivor, or beneficiary has not exhausted their administrative or legal remedies. (1) In the case of an active member, all contributions made on the disallowed compensation shall be credited against future contributions to the benefit of the state, school employer, or contracting agency that reported the disallowed compensation, and any contribution paid by, or on behalf of, the member, including contributions under Section 20691, shall be returned to the member by the state, school employer, or contracting agency that reported the disallowed compensation. (2) In the case of a retired member, survivor, or beneficiary whose final compensation at the time of retirement was predicated upon the disallowed compensation, the contributions made on the disallowed compensation shall be credited against future contributions, to the benefit of the state, school employer, or contracting agency that reported the disallowed compensation and the system shall permanently adjust the benefit of the affected retired member, survivor, or beneficiary to reflect the exclusion of the disallowed compensation. (3) (A) In the case of a retired member, survivor, or beneficiary whose final compensation at the time of retirement was predicated upon the disallowed compensation as described in paragraph (2), the repayment and notice requirements described in this paragraph and paragraph (4) shall apply only if all of the following conditions are met: (i) The compensation was reported to the system and contributions were made on that compensation while the member was actively employed. (ii) The compensation was agreed to in a memorandum of understanding or collective bargaining agreement between the employer and the recognized employee organization as compensation for pension purposes and the employer and the recognized employee organization did not knowingly agree to compensation that was disallowed. (iii) The determination by the system that compensation was disallowed was made after the date of retirement. (iv) The member was not aware that the compensation was disallowed at the time it was reported. (B) If the conditions of subparagraph (A) are met, the state, school employer, or contracting agency that reported contributions on the disallowed compensation shall do both of the following: (i) Pay to the system, as a direct payment, the full cost of any overpayment of the prior paid benefit made to an affected retired member, survivor, or beneficiary resulting from the disallowed compensation. (ii) Pay a penalty to an affected retired member, survivor, or beneficiary who was impacted by disallowed compensation equal to 20 percent of the amount calculated as a lump sum of the actuarial equivalent present value representing the difference between the monthly allowance that was based on the disallowed compensation and the adjusted monthly allowance calculated pursuant to paragraph (2) for the duration that allowance is projected to be paid by the system to the retired member, survivor, or beneficiary. (4) The system shall provide a notice to the state, school employer, or contracting agency that reported contributions on the disallowed compensation and to the affected retired member, survivor, or beneficiary, including, at a minimum, all of the following: (A) The amount of the overpayment to be paid by the state, school employer, or contracting agency to the system as described in subparagraph (B) of paragraph (3). (B) The actuarial equivalent present value owed to the retired member, survivor, or beneficiary as described in clause (ii) of subparagraph (B) of paragraph (3), if applicable. (C) Written disclosure of the state, school employer, or contracting agency’s obligations to the retired member, survivor, or beneficiary pursuant to this section. (5) The system shall, upon request, provide the state, a school employer, or a contracting agency with contact information data in its possession of a relevant retired member, survivor, or beneficiary in order for the state, a school employer, or a contracting agency to fulfill their obligations to that retired member, survivor, or beneficiary pursuant to this section. The recipient of this contact information data shall keep it confidential. (c) (1) The state, a school employer, including a county superintendent of schools, school district, community college district, charter school, regional occupational center, or other local educational agency, or a contracting agency, as applicable, may submit to the system for review an additional compensation item that is proposed to be included, or is contained, in a memorandum of understanding adopted, or a collective bargaining agreement entered into, on and after January 1, 2022, that is intended to form the basis of a pension benefit calculation, in order for the system to review consistency of the proposal 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), Section 20636 or 20636.1, and the administrative regulations of the system. (2) A submission to the system for review under paragraph (1) shall include only the compensation item language and a description of how it meets the criteria listed in subdivision (a) of Section 571 or subdivision (b) of Section 571.1 of Title 2 of the California Code of Regulations, along with any other supporting documents or requirements the system deems necessary to complete its review. (3) The system shall provide guidance regarding the submission within 90 days of the receipt of all information required to make a review. (d) The system shall periodically publish a notice of the proposed compensation language submitted to the system pursuant to paragraph (c) for review and the guidance provided by the system. (e) This section does not alter or abrogate any responsibility of the state, a school employer, or a contracting agency to meet and confer in good faith with the employee organization regarding the impact of the disallowed compensation or the effect of any disallowed compensation on the rights of the employees and the obligations of the employer to its employees, including any employees who, due to the passage of time and promotion, may have become exempt from inclusion in a bargaining unit, but whose benefit was the product of collective bargaining. (f) For educational entities participating in the system, the final responsibility for funding payments under subparagraph (B) of paragraph (3) of subdivision (b) is that of the educational entity that is the actual employer of the employee. A county superintendent of schools shall have final responsibility for funding payments for its own employees and not for those employees of other educational entities that participate in the system under the auspices of a county superintendent of schools pursuant to contract. (g) This section does not affect or otherwise alter a party’s right to appeal any determination regarding disallowed compensation made by the system. (Amended by Stats. 2022, Ch. 231, Sec. 7. (AB 1824) Effective January 1, 2023.)
  118. 20170.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. The Retirement Fund [20170 - 20178] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The Public Employees’ Retirement Fund continues to exist in the State Treasury and is a trust fund to be administered under this part for the benefit of members, retired members, survivors, and beneficiaries.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. The Retirement Fund [20170 - 20178] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20170. The Public Employees’ Retirement Fund in the State Treasury is continued in existence. The Public Employees’ Retirement Fund is a trust fund created, and administered in accordance with this part, solely for the benefit of the members and retired members of this system and their survivors and beneficiaries. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  119. 20171.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. The Retirement Fund [20170 - 20178] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

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

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. The Retirement Fund [20170 - 20178] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20171. The board has the exclusive control of the administration and investment of the retirement fund. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  120. 20172.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. The Retirement Fund [20170 - 20178] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The board may hire a bank or trust company as custodian for retirement fund services, and the Controller must draw warrants when the board demands them, including for electronic fund transfers.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. The Retirement Fund [20170 - 20178] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20172. Notwithstanding any other provision of law, the board may retain a bank or trust company to serve as custodian for safekeeping, delivery, securities valuation, investment performance reporting, and other services in connection with investment of the retirement fund. Notwithstanding Section 13340, all moneys in the fund are continuously appropriated, without regard to fiscal years, for payments which shall be made upon warrants drawn by the Controller upon demands made by the board. Upon demand of the board, warrants shall be drawn for the purpose of making payments by electronic fund transfers. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  121. 20173.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. The Retirement Fund [20170 - 20178] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Administration costs for the system must be paid from funds appropriated for interest income from the retirement fund.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. The Retirement Fund [20170 - 20178] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20173. Costs of administration of this system shall be paid from funds appropriated for interest income from the retirement fund. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  122. 20174.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. The Retirement Fund [20170 - 20178] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Interest and other income from the retirement fund must be credited to the fund, the board may apply certain excess sale or redemption proceeds to reduce securities’ book value if conditions are met, and year-end reserve amounts over 0.20% of system assets must be moved to other accounts.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. The Retirement Fund [20170 - 20178] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20174. Interest earned on any cash deposit in a bank by the Treasurer and income on other assets constituting a part of the fund shall be credited to the fund as received. Income, of whatever nature, earned on the retirement fund during any fiscal year, in excess of the interest credited to contributions during that year shall be retained in the fund as a reserve against deficiencies in interest earned in other years, losses under investments, court-mandated costs, and actuarial losses resulting from terminations, mergers, and dissolutions of contracting agencies. Unless specifically authorized by this part, no funds in the reserve against deficiencies shall be available for the payment of benefits. The board, however, may apply to reduce the book value of securities purchased all or part of the excess of the proceeds of the sale or the redemption prior to maturity of securities over the book value of the securities sold (a) if the purchase of securities is made with those proceeds and (b) if the terms of both securities from the date of sale, redemption prior to maturity, or purchase, as the case may be, to the respective dates of maturity do not differ by more than five years. All applications of these excess proceeds, even with greater differences in terms, heretofore made by the board are hereby validated and confirmed. At the end of each fiscal year, the amount in the reserve against deficiencies that exceeds 0.20 percent of the total assets of this system shall be credited to other accounts as prescribed by this part. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  123. 20175.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. The Retirement Fund [20170 - 20178] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Money in the reserve against deficiencies cannot be used to pay employers’ contributions owed 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 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. The Retirement Fund [20170 - 20178] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20175. Notwithstanding any other provision of law, funds in the reserve against deficiencies shall not be used to pay any employers’ contribution required by this chapter to be paid by the state, any school employer, or any contracting agency. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  124. 20176.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. The Retirement Fund [20170 - 20178] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Retirement fund money may be used only for specified system-related purposes.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. The Retirement Fund [20170 - 20178] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20176. Notwithstanding any other provision of law, no funds in the retirement fund shall be expended for any purpose other than the cost of administration of this system, investments for the benefit of this system, the reduction of employer contributions, and the provision of benefits to the members and retired members of this system and their survivors and beneficiaries. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  125. 20177.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. The Retirement Fund [20170 - 20178] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The board must deposit all amounts it receives under this part into the State Treasury credit of the retirement fund every month.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. The Retirement Fund [20170 - 20178] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20177. The board shall deposit monthly in the State Treasury to the credit of the retirement fund all amounts received by it under this part. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  126. 20178.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. The Retirement Fund [20170 - 20178] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The board must credit retirement fund member contributions and certain related reserves with interest, using a 6% rate for member contributions and the lower applicable rate for retired member reserves.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. The Retirement Fund [20170 - 20178] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20178. (a) The board shall credit all contributions of members in the retirement fund with interest at an interest crediting rate of 6 percent compounded at each June 30. The retired member reserves in the retirement fund shall be credited with the lesser of the current actuarial interest rate or the current annual interest rate compounded at each June 30. The interest amount that would have been credited to the member’s account on and after June 30, 1991, had the account been credited with the lesser of the current actuarial interest rate or the current annual interest rate, rather than at the 6-percent interest crediting rate, shall be credited to retired member reserves. (b) Notwithstanding subdivision (a), the difference between the interest amount that was credited to the account of any state or school member of this system who was paid his or her accumulated contributions on or after June 30, 1991, and the lesser of the current actuarial interest rate or the current annual interest rate, shall be transferred to the state or school account, as appropriate, established by the board under Section 21337 to fund the purchasing power protection allowance for retirees, survivors, or beneficiaries of state or school employers. (c) Notwithstanding subdivisions (a) and (b), if the current net earnings rate for state or school members exceeds the interest rate used to credit the retired member accounts of state or school employers, in addition to the amounts transferred to the separate accounts established for state and school employers under Section 21337, the remaining amounts shall be credited to employer accounts. (d) The current annual interest rate may be lower than the current actuarial interest rate. (Amended by Stats. 2000, Ch. 483, Sec. 1. Effective September 19, 2000. Applicable from July 1, 2000, by Sec. 4 of Ch. 483.)
  127. 20190.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 6. Investments [20190 - 20210] ( Article 6 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The board has exclusive control over investing the retirement fund, and it may buy, hold, or sell investments and financial instruments when it considers the investment prudent, subject to other constitutional and legal limits.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 6. Investments [20190 - 20210] ( Article 6 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20190. The board has exclusive control of the investment of the retirement fund. Except as otherwise restricted by the California Constitution and by law, the board may, in its discretion, invest the assets of the fund through the purchase, holding, or sale thereof of any investment, financial instrument, or financial transaction when the investment, financial instrument, or financial transaction is prudent in the informed opinion of the board. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  128. 20191.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 6. Investments [20190 - 20210] ( Article 6 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The board may make or sell certain investments by a vote of at least seven members, and it may adopt an investment resolution with detailed guidelines. Designated board officers or employees may buy or sell securities while the resolution is in effect, and they must report those transactions monthly at the next regular meeting.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 6. Investments [20190 - 20210] ( Article 6 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20191. The board may itself make any investment authorized by law or sell any security, obligation, or real property in which moneys in the retirement fund are invested, by affirmative vote of at least seven members of the board, or by the same affirmative vote may from time to time adopt an investment resolution that shall contain detailed guidelines by which to designate those securities and real property that are acceptable for purchase. While the resolution is in effect, securities and real property may be purchased for investment by an officer or employee of the board designated by it for that purpose, and sales of securities may be consummated by the officer or employee under the conditions prescribed. Purchases and sales of securities shall be reported to the board, on a monthly basis, at its next regular meeting. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  129. 20191.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 6. Investments [20190 - 20210] ( Article 6 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The board must disclose and report an investment at a public meeting within 12 months after the relevant transaction closes or system assets are transferred, whichever happens first.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 6. Investments [20190 - 20210] ( Article 6 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20191.5. (a) All investment transaction decisions made during a closed session pursuant to paragraph (16) of subdivision (c) of Section 11126 shall be by rollcall vote entered into the minutes of that meeting. (b) The board, within 12 months of the close of an investment transaction or the transfer of system assets for an investment transaction, whichever occurs first, shall disclose and report the investment at a public meeting. (Added by Stats. 1998, Ch. 923, Sec. 7. Effective January 1, 1999.)
  130. 20192.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 6. Investments [20190 - 20210] ( Article 6 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The board may invest in real estate, related leases, and improvements for business or residential purposes to produce income.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 6. Investments [20190 - 20210] ( Article 6 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20192. In addition to the other investments authorized by this article, the board may invest in real estate and leases thereof and improvements thereon for business or residential purposes as an investment for the production of income. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  131. 20193.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 6. Investments [20190 - 20210] ( Article 6 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The board may invest retirement fund money in certain real property and special obligations, and the Director of General Services may lease or hire property for the state in some cases.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 6. Investments [20190 - 20210] ( Article 6 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20193. The board may invest the money in the retirement fund in real property or improvements thereon or to be constructed thereon when the real property or improvements are acquired or to be made by or for sale or lease to the state or a public agency. The board may acquire the real property under Part 11 (commencing with Section 15850) of Division 3. Title to real property acquired by or on behalf of the board pursuant to this section or under Part 11 (commencing with Section 15850) of Division 3 shall be vested in the board. The Director of General Services on behalf of the state may hire or lease as lessee real property or improvements acquired pursuant to this section for lease to the state. The lease may contain an option or options to purchase the property, or a provision that title to the property shall vest in the state at the expiration of the term, and the Director of General Services is authorized to acquire the property. The board also may invest money in any valid special obligations of the state or a public agency or an agency of either issued to finance a public building and secured solely by the building or revenues, rentals or receipts received from operation of the building. This section shall not be construed as authorization to acquire any real property or improvements thereon or to issue any obligation to finance the acquisition on behalf of the state unless that acquisition is authorized by a separate act or appropriation enacted by the Legislature. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  132. 20194.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 6. Investments [20190 - 20210] ( Article 6 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The board may invest in Property Assessed Clean Energy (PACE) bonds, in addition to the other investments authorized by this article.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 6. Investments [20190 - 20210] ( Article 6 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20194.5. In addition to the other investments authorized by this article, the board may invest in Property Assessed Clean Energy (PACE) bonds, as defined in Section 26054 of the Public Resources Code. (Amended by Stats. 2019, Ch. 396, Sec. 9. (AB 1513) Effective January 1, 2020.)
  133. 20195.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 6. Investments [20190 - 20210] ( Article 6 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The board may buy or acquire real property and build, remodel, or equip office and recovery facilities for the system, but some projects must follow approval, location, and bidding conditions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 6. Investments [20190 - 20210] ( Article 6 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20195. (a) The board may select, purchase, or acquire in the name of the system, the fee or any lesser interest in real property, improved or unimproved, and may construct or remodel, and equip, an office building, including appropriate satellite structures, in the County of Sacramento, California, for its use and for the use of other state retirement systems excepting the State Teachers’ Retirement System, other departments, boards, and agencies of the state, or appropriate private commercial entities as space may be available from time to time. The office building and satellite structures shall conform to the Capital Master Plan if located within an area subject to the plan. (b) The board may select, purchase, or acquire in the name of the system, the fee or any lesser interest in real property, improved or unimproved, and may construct or remodel, and equip, business recovery centers in California for use by the system as an alternate facility, emergency operations center, or data center that the board determines is appropriate for disaster preparedness. (c) If the board acquires bare land, improvements shall be constructed according to plans approved by the State Public Works Board and Department of General Services. (d) If the board acquires land with improvements thereon, the improvements shall be remodeled or completed in accordance with plans approved by the State Public Works Board and Department of General Services. (e) If condemnation of the property selected is necessary, the board may elect to deposit the funds deemed necessary with the Treasurer. The funds are appropriated for purchase of the selected property subject to the Property Acquisition Law. (f) Work on all projects shall be done under contract awarded to the lowest responsible bidder pursuant to bidding procedures set forth in Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code. (Amended by Stats. 2009, Ch. 130, Sec. 14. (AB 966) Effective January 1, 2010.)
  134. 20196.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 6. Investments [20190 - 20210] ( Article 6 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The board may contract with state departments for help and supervision in buying real property and constructing authorized buildings and improvements.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 6. Investments [20190 - 20210] ( Article 6 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20196. The board may contract with the Department of General Services or any other state department for assistance and supervision in the acquisition of real property and the construction thereon of buildings and improvements authorized in this article. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  135. 20197.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 6. Investments [20190 - 20210] ( Article 6 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The board may lease excess space in its buildings and may contract with the Department of General Services to manage rentals, supervision, and maintenance.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 6. Investments [20190 - 20210] ( Article 6 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20197. All buildings and improvements constructed by the board under this article may contain space in excess of the immediate requirements of the board that, until needed, may be leased by the board upon those terms and conditions as may be approved by the board. The board may contract with the Department of General Services to handle the rentals of any excess space over and above that required by the board and to furnish general supervision and maintenance of buildings and improvements constructed under the provisions of this article. (Amended by Stats. 2010, Ch. 639, Sec. 1. (SB 1139) Effective January 1, 2011.)
  136. 20198.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 6. Investments [20190 - 20210] ( Article 6 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Buildings or improvements the board constructs under this article must be supervised by the board under board-made rules and regulations, with assistance from the Department of General Services.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 6. Investments [20190 - 20210] ( Article 6 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20198. Any building or improvement constructed by the board under this article shall be subject to the supervision of the board in accordance with rules and regulations established by the board with the assistance of the Department of General Services. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  137. 20199.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 6. Investments [20190 - 20210] ( Article 6 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The board must create and use a building account for certain retirement-fund money, may contract for insurance, and must send excess building-account money back to the retirement fund each month.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 6. Investments [20190 - 20210] ( Article 6 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20199. The board shall establish a building account for the transfer of money that is continuously appropriated for that purpose from the retirement fund for the cost of the acquisition of real property, the construction or remodeling of buildings and improvements thereon, the maintenance, repair, and improvement thereof, and for other necessary operational expenses. For accounting purposes the board shall pay to the building account an amount sufficient to repay all costs for construction and maintenance of space used by the board. Other amounts or contributions received shall be deposited in the building account and disbursed as provided in this section. The board may contract with the Department of General Services for the purchase of insurance against loss of, or damage to, the property or the loss of use or occupancy of the building, liability insurance and other insurance as is customarily carried on state office buildings. Premiums for the insurance shall be paid from the building account. Money in the building account that is in excess of current needs shall be paid into the retirement fund monthly. The land, building, equipment, and improvements thereon, shall constitute an asset in the retirement fund and shall be carried on the books thereof as such in accordance with generally accepted accounting practices. (Amended by Stats. 2012, Ch. 833, Sec. 3. (SB 987) Effective January 1, 2013.)
  138. 202.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. SOVEREIGNTY AND PEOPLE OF THE STATE [100 - 275.2] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Sovereignty of the State [100 - 210.6] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 5. Rights Over Persons [200 - 210.6] ( Article 5 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    The state may imprison or confine a person to protect public peace, public health, individual life, or individual safety.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. SOVEREIGNTY AND PEOPLE OF THE STATE [100 - 275.2] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Sovereignty of the State [100 - 210.6] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 5. Rights Over Persons [200 - 210.6] ( Article 5 enacted by Stats. 1943, Ch. 134. ) ## 202. The state may imprison or confine for the protection of the public peace or health or of individual life or safety. (Amended by Stats. 1973, Ch. 20.)
  139. 20200.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 6. Investments [20190 - 20210] ( Article 6 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The board may create a retirement-fund home loan program for system members, and must adopt regulations that set the program’s terms.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 6. Investments [20190 - 20210] ( Article 6 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20200. (a) Notwithstanding any other provision of law, the board may establish a program utilizing the retirement fund to assist system members, through financing, to obtain homes throughout the United States. (b) For the purpose of this section, the term “member” means any person who is receiving, or is entitled to receive, a retirement allowance funded by this system, the Legislators’ Retirement System, the Judges’ Retirement System, or the Judges’ Retirement System II, notwithstanding any vesting requirement and without regard to present eligibility to retire. (c) The board shall adopt regulations governing the program that shall, among other things, provide: (1) That home loans be made available to members for the purchase of single-family dwellings, two-family dwellings, three-family dwellings, four-family dwellings, single-family cooperative apartments, and single-family condominiums. (2) That private lending institutions throughout the United States shall originate and service its home loans pursuant to agreements entered into between those institutions and the board. (3) That the recipients of the loans occupy the homes as their permanent residences in accord with rules and regulations established by the board. (4) That its home loans shall be available only for the purchase or refinancing of homes throughout the United States and that under no condition shall a member have more than one outstanding loan. (5) That the amount and length of the loans shall be pursuant to a schedule periodically established by the board that shall provide a loan-to-value ratio of no greater than the following: (A) One hundred percent for the first loan for a single-family dwelling, single-family cooperative apartment, or single-family condominium. (B) Ninety-five percent for the first loan on a two-family dwelling. (C) Ninety percent for the first loan on a three-family dwelling or four-family dwelling. The portion of any loan exceeding 80 percent of value shall be insured by an admitted mortgage guaranty insurer conforming to Chapter 2A (commencing with Section 12640.01) of Part 6 of Division 2 of the Insurance Code, in an amount so that the unguaranteed portion of the loan does not exceed 75 percent of the market value of the property together with improvements thereon. (6) That there may be prepayment penalties assessed on its loans in accordance with rules and regulations established by the board. (7) That the criteria and terms for its loans shall provide the greatest benefit to members consistent with the financial integrity of the program and the sound investment of the retirement fund. (8) Any other terms and conditions as the board shall deem appropriate. (d) This section shall be known as, and may be cited as, the Dave Elder Public Employees’ Retirement System Member Home Loan Program Act. (Amended by Stats. 2003, Ch. 97, Sec. 1. Effective January 1, 2004.)
  140. 20201.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 6. Investments [20190 - 20210] ( Article 6 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The board must provide a procedure for eligible members to get 100-percent home financing, subject to loan-to-value and amount limits.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 6. Investments [20190 - 20210] ( Article 6 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20201. (a) It is the intent of the Legislature that the provisions of this section be available to assist members in obtaining homes throughout the United States. The Legislature intends that home loans made pursuant to Section 20200 and this section shall be secured primarily by the property acquired except as authorized pursuant to paragraph (1) of subdivision (b) and shall not exceed the fair market value of the property acquired. (b) The board shall include in any program established pursuant to Section 20200 a procedure whereby a member may obtain 100-percent financing for the purchase of a single-family dwelling unit in accordance with the following criteria: (1) The member shall obtain one loan with a loan-to-value ratio not to exceed 95 percent secured by the purchased home and a second personal loan with a loan-to-value ratio not to exceed 5 percent secured by a portion of the accumulated contributions and vested accrued benefits in the member’s individual account. A member can only have one outstanding personal loan. (2) The loan secured by the purchased home shall be consistent with the loan-to-value ratios specified in the schedules established pursuant to Section 20200. (3) The amount of a conforming loan on a single-family dwelling unit shall not exceed 95 percent of the Federal National Mortgage Association (FNMA) conforming loan limits. The amount shall be adjusted annually as determined by the Federal National Mortgage Association (FNMA). In no event, shall the loan amount exceed three hundred fifty thousand dollars ($350,000). (4) In no event may the personal loan secured by the accumulated contributions and vested accrued benefits in the member’s individual account exceed 50 percent of the current value amount of the accumulated contributions. (5) The pledge of security under this section shall remain in effect until the loan is paid in full. (c) In the event of a default on the personal loan secured by the member’s contributions as authorized by this section, the board may deduct an amount from the member’s contributions on deposit and adjust the member’s accrued benefit, up to the amount pledged as security, prior to making any disbursement of retirement benefits. (d) The secured personal loan permitted under this section shall be made available only to currently employed members who meet eligibility criteria the board deems advisable. (e) If the member is married at the time the home is purchased with a personal loan secured by the member’s contributions as authorized by this section, then the member’s spouse shall agree in writing to the pledge of security, as to his or her community interest in the amount pledged regardless of whether title to the home is in joint tenancy. (f) The pledge of security under this section shall take binding effect, notwithstanding Section 21255. In the event of default, the accumulated contributions in the member’s account shall be reduced as necessary to recover any outstanding loan balance, not to exceed the pledged amount. (g) Appropriate administrative costs of implementing this section shall be paid by the members utilizing this section. Those costs may be included in the loan amount. (h) Appropriate interest rates shall be periodically reviewed and adjusted to provide loans to members consistent with the financial integrity of the member home loan program and the sound and prudent investment of the retirement fund. (i) The amendments to this section by Chapter 1094 of the Statutes of 1994 shall be deemed to have become operative on November 1, 1993. (j) The board shall administer this section under other terms and conditions it deems appropriate and in keeping with the investment standard set forth in Section 20151. The board may adopt procedural guidelines as necessary for its administration of this section and to assure compliance with applicable state and federal laws. (Amended by Stats. 1998, Ch. 678, Sec. 5. Effective January 1, 1999.)
  141. 20202.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 6. Investments [20190 - 20210] ( Article 6 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The board may create and run a retirement-fund loan program for members and annuitants affected by a natural disaster, with loan terms and security requirements set by the board.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 6. Investments [20190 - 20210] ( Article 6 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20202. The board may, subject to and consistent with its fiduciary duty, establish a program utilizing the retirement fund to assist currently employed members and annuitants who are victims of a natural disaster to obtain loans from the retirement fund for the sole purpose of repairing or rebuilding their homes which have been damaged by a natural disaster. In order to qualify for a loan the home of the member or annuitant shall have been damaged by a natural disaster and the home shall have been in an area that has been declared a disaster area in a proclamation of the Governor of a state of emergency affecting the area in which the member or annuitant resides. The board may lend any amount of money, up to and including 100 percent of the costs of repairing or rebuilding a home of a member or annuitant. However, 5 percent of the loan shall be secured by the contributions of the member who requests the loan. The board may, under conditions it may deem prudent, require that a member or annuitant pledge other assets as collateral for a loan. The board shall establish terms for the termination of loans made pursuant to this section upon the separation of members from service, to ensure, in the case of any default, that this system shall not suffer any loss, and to provide, as a condition of retirement, for alternative security. The board may impose other terms and conditions as the board may determine appropriate. The Legislature hereby reserves full power and authority to change, revise, limit, expand, or repeal the loan program authorized by this section. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  142. 20203.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 6. Investments [20190 - 20210] ( Article 6 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The board may enter into security loan agreements, but only if the borrower provides specified collateral and the board follows the listed collateral and risk-management rules.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 6. Investments [20190 - 20210] ( Article 6 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20203. Notwithstanding any other law, the board may enter into security loan agreements with respect to securities in which the board is authorized by law to invest subject to all of the following conditions: (a) The borrower shall provide the board with collateral in the form of cash, United States government debt securities, debt obligations issued by United States government agencies, and United States government-sponsored enterprises, marketable public equity securities, or marketable international government bonds, provided that the amount of collateral shall be at least 102 percent of the market value of the loaned securities or an amount consistent with market practice, whichever is greater. (b) The board shall maintain policies and procedures designed to administer the loan agreements consistent with Section 17 of Article XVI of the California Constitution. (c) The board shall revalue the collateral to current market value on each business day or as frequently as industry practices require. (d) The total market value of the loaned securities collateralized by marketable public equities and marketable international government bonds shall not exceed 25 percent of the assets of the retirement fund. (Amended by Stats. 2017, Ch. 198, Sec. 1. (AB 679) Effective January 1, 2018.)
  143. 20206.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 6. Investments [20190 - 20210] ( Article 6 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The board must employ investment counsel for its investment program and, when using outside firms, it must seek proposals, hold a public meeting, and select consultants through that process.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 6. Investments [20190 - 20210] ( Article 6 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20206. The board shall employ investment counsel on its staff or on a consulting basis or trust companies or trust departments of bands to render service in connection with the board’s investment program. Whenever the board elects to contract with outside firms for investment counseling services it shall obtain proposals from all interested firms and conduct a public meeting at which a consultant or consultants shall be selected by the board. At least once in each three-year period after the prior selection, a consultant or consultants shall be obtained by the same procedure upon submission of new proposals. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  144. 20207.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 6. Investments [20190 - 20210] ( Article 6 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The Legislature says the retirement system needs strong investment expertise, and it intends the board to secure advisers with the right combined expertise.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 6. Investments [20190 - 20210] ( Article 6 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20207. (a) The Legislature finds and declares that changing economic conditions and increasing complexity in the investment market make it necessary and desirable that this system obtain the best possible investment expertise. (b) It is the intent of the Legislature that the board secure investment advisers with the composite expertise necessary for the investment of the retirement fund portfolio. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  145. 20208.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 6. Investments [20190 - 20210] ( Article 6 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The board may contract for outside investment personnel if it finds needed expertise is unavailable in existing civil service classifications and gets State Personnel Board approval, and it must report annually in April on those contract services.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 6. Investments [20190 - 20210] ( Article 6 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20208. Upon a finding by the board that necessary investment expertise is not available within existing civil service classifications, and with the approval of the State Personnel Board, the board may contract with qualified investment personnel having demonstrated expertise in the management of large and diverse investment portfolios to render service in connection with the investment program of the board. The board shall report to the Governor, the Legislature, and the Joint Legislative Budget Committee on the nature, duration, and cost of investment contract services used. The report shall be submitted annually in April. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  146. 20209.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 6. Investments [20190 - 20210] ( Article 6 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The board must hire or appoint a qualified full-time person to monitor covered corporations and advise the board on share voting, merger proposals, and tender offers.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 6. Investments [20190 - 20210] ( Article 6 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20209. The board shall, pursuant to the state civil service statutes, either contract with, or establish and fill a full-time position for, a person who is experienced and knowledgeable in corporate management issues to monitor each corporation any of whose shares are owned by this system and to advise the board on the voting of the shares owned by this system and on the responses of this system to merger proposals and tender offers. Notwithstanding Section 13340, there is hereby continuously appropriated, without regard to fiscal years, from the retirement fund, an amount sufficient to pay all costs arising from this section. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  147. 20210.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 6. Investments [20190 - 20210] ( Article 6 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The board must contract for at least two separate individual investment advisers, and the costs of this section must be paid from the retirement fund, not the General Fund.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 6. Investments [20190 - 20210] ( Article 6 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20210. Notwithstanding any other provision of law, the board shall, by contract, retain not less than two separate individual investment advisers. There is hereby appropriated, without regard to fiscal year, from the retirement fund, an amount sufficient to pay all costs arising from this section. No costs arising from this section shall be paid from the General Fund. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  148. 20220.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 7. Records and Reports [20220 - 20236] ( Article 7 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The board must provide needed information and data to a county retirement system board of retirement when requested.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 7. Records and Reports [20220 - 20236] ( Article 7 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20220. The board shall, on the request of a board of retirement of a county retirement system supply information and data necessary for administration of that system as it is affected by membership in and service credited under this system. (Amended by Stats. 1996, Ch. 906, Sec. 14. Effective January 1, 1997.)
  149. 20221.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 7. Records and Reports [20220 - 20236] ( Article 7 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Certain public and contracting employers must give the board immediate notice of member status changes and provide other member information or requested services.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 7. Records and Reports [20220 - 20236] ( Article 7 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20221. Each state agency, school employer, and the chief administrative officer of a contracting agency or any other person who its governing body may designate shall furnish all of the following: (a) Immediate notice to the board, in the manner prescribed by the system, of the change in status of any member resulting from transfer, promotion, leave of absence, resignation, reinstatement, dismissal, or death. (b) Any additional information concerning any member that the board may require in the administration of this system. (c) The services of its officer and departments that the board may request in connection with claims by members against this system. (Amended by Stats. 2009, Ch. 130, Sec. 15. (AB 966) Effective January 1, 2010.)
  150. 20221.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 7. Records and Reports [20220 - 20236] ( Article 7 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Certain public employers must give the board employee information on unregistered employees when requested, and the system must keep information obtained under this section confidential.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 7. Records and Reports [20220 - 20236] ( Article 7 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20221.5. Every state agency, school employer, or contracting agency shall, upon request from the board, provide information on its employees who are not enrolled as members of the system to assist the board to carry out the administration of the system. (a) The information provided under this section shall be submitted in the manner and under the conditions prescribed by the board. (b) Nothing in this section shall be construed to supersede or diminish an employer’s responsibility to determine eligibility or to enroll its qualifying employees in membership. (c) Any information obtained under this section shall be treated as confidential by the system, under the same terms and conditions that apply to information that is confidential pursuant to Section 20230. (Added by Stats. 2008, Ch. 261, Sec. 1. Effective January 1, 2009.)
  151. 20222.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 7. Records and Reports [20220 - 20236] ( Article 7 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A university comptroller, or another university-designated official, must send monthly status reports to the board and provide any additional information 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 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 7. Records and Reports [20220 - 20236] ( Article 7 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20222. The comptroller of the university, or any other official who the university may designate, shall furnish monthly reports to the board showing changes in the status of all members employed by the university during the preceding month, and shall furnish any additional information concerning any members that the board may require in the administration of this system. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  152. 20222.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 7. Records and Reports [20220 - 20236] ( Article 7 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    During an audit, the board may require certain public employers and contracting agencies to provide records, must notify the audit subject of the estimated audit time before starting, may charge extra audit costs in some cases, and must keep employer information confidential under Section 20230.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 7. Records and Reports [20220 - 20236] ( Article 7 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20222.5. (a) The board may, during the course of an audit, require each state employer, school employer, including each school district represented by a school employer, and contracting agency, to provide information or make available for examination or copying at a specified time and place, or both, books, papers, any data, or any records, including, but not limited to, personnel and payroll records, as deemed necessary by the board to determine eligibility for, and the correctness of, retirement benefits, reportable compensation, enrollment in, and reinstatement to this system. (b) Before initiating an audit, the board shall notify the subject of the audit of the estimated time required to complete the audit. The estimate shall be based upon various factors, including, but not limited to, the following: (1) The number of employees. (2) Employment classifications. (3) Benefits. (4) Contract provisions. (5) Geographical location. (6) Time required for audits of comparable entities. (7) Additional time factors raised by the subject of the audit. (c) If an audit requires an excess of the time estimated, the board may assess a reasonable charge upon the employer to recover additional costs incurred for the excess time to complete the audit. A contracting agency shall not be assessed for delays during the course of an audit that are reasonably outside of the agency’s control. (d) The information obtained from an employer under this section shall remain confidential pursuant to Section 20230. (Amended by Stats. 2015, Ch. 244, Sec. 2. (SB 216) Effective January 1, 2016.)
  153. 20223.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 7. Records and Reports [20220 - 20236] ( Article 7 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Each employee must file with the board any information affecting member 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 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 7. Records and Reports [20220 - 20236] ( Article 7 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20223. Each employee shall file with the board information affecting his or her status as a member as the board may require. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  154. 20224.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 7. Records and Reports [20220 - 20236] ( Article 7 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    If the board cannot determine a member’s service, compensation, or age from records, or if the 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 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 7. Records and Reports [20220 - 20236] ( Article 7 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20224. If it is impracticable for the board to determine from the records the length of service, compensation, or age of any member, 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. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  155. 20225.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 7. Records and Reports [20220 - 20236] ( Article 7 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The board must keep records and accounts needed to calculate contribution totals at any time.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 7. Records and Reports [20220 - 20236] ( Article 7 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20225. (a) In addition to other records and accounts, the board shall keep records and accounts necessary to compute at any time: (1) The total accumulated contributions of members. (2) The total accumulated contributions of retired members and of deceased members, to or on account of whom payments involving life contingencies are paid, less the annuity payments made to the members. (3) The accumulated contributions of the state, school employers, and of contracting agencies held for the benefit of members on account of current service. (4) All other accumulated contributions of the state, school employers, and of contracting agencies, which shall include the amounts available to meet the obligation of the state, school employers, and of the contracting agencies, respectively, on account of benefits that have been granted to, or on account of, retired and deceased employees and on account of prior service of members. (b) For the purposes of this section, all employers subject to Chapter 9 (commencing with Section 20790) shall be deemed to be a single account with respect to their local miscellaneous members, all other employers not subject to Chapter 9 shall be deemed to be a single account with respect to their local miscellaneous members, all employers of local safety members shall be deemed to be a single account with respect to those local safety members, and all employers of school members shall be deemed to be a single account with respect to those school members. However, the purposes of this section shall be construed in conformity with the individual employer contribution rates established pursuant to Section 20815. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  156. 20226.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 7. Records and Reports [20220 - 20236] ( Article 7 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The board must keep extra records and accounts for certain contributions related to survivor allowances.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 7. Records and Reports [20220 - 20236] ( Article 7 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20226. The records and accounts required under Section 20225 shall not include the contributions made by the state or contracting agencies with respect to the survivor allowances provided for in Article 3 (commencing with Section 21570) of Chapter 14. The board shall keep additional records and accounts with respect to those contributions as will show at any time the accumulated contributions of the state and of contracting agencies held to meet the obligation of the state and of the contracting agencies, respectively, on account of survivor allowances. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  157. 20227.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 7. Records and Reports [20220 - 20236] ( Article 7 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The actuary must publish a financial statement about the system’s assets, liabilities, cash, and securities, and may leave out prior-service items.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 7. Records and Reports [20220 - 20236] ( Article 7 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20227. The actuary shall cause to be published, as of the date of the investigation and valuation made pursuant to Section 20131, 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 retirement fund as certified by the Controller. The actuary may omit from the statement, which shall be published as of July 1 of every other year, assets and liabilities resulting from prior service, and shall include assets and liabilities on account of current service in amounts equal only to accumulated contributions held on account of that service. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  158. 20228.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 7. Records and Reports [20220 - 20236] ( Article 7 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The board must hire an outside certified public accountant each year to audit the system’s financial statements and file the audit report and audited statements with specified officials.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 7. Records and Reports [20220 - 20236] ( Article 7 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20228. The board shall annually employ a certified public accountant, who is not in public employment, to audit the financial statements of this system. The costs of the audit shall be paid from the income of the retirement fund. The audit shall be made annually. The board shall file a copy of the audit report with the Governor, the Secretary of the Senate, and the Chief Clerk of the Assembly. The board, for purposes of Section 7504, may file internally prepared financial statements with the Controller within six months of the end of the fiscal year, and shall file independently audited financial statements as soon as they are available. The annual audits of the financial statements of the system shall not be duplicated by the Department of Finance or the State Auditor. This section does not affect the ability of the State Auditor or the Department of Finance to conduct other types of audits of the system as otherwise authorized by statute. This system shall be exempt from a pro rata general administrative charge for auditing. (Amended by Stats. 2010, Ch. 639, Sec. 3. (SB 1139) Effective January 1, 2011.)
  159. 20229.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 7. Records and Reports [20220 - 20236] ( Article 7 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The board must give an annual report to the Legislature, the Governor, and the Chair of the California Actuarial Advisory Panel. The Chair, or a designee, must then discuss the report in a publicly noticed joint legislative hearing each session.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 7. Records and Reports [20220 - 20236] ( Article 7 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20229. (a) The board, notwithstanding Section 10231.5, shall provide the Legislature, the Governor, and the Chair of the California Actuarial Advisory Panel, established pursuant to Section 7507.2, with an annual report that includes all of the following, as these items apply to state employee retirement plans: (1) (A) A description of the investment return assumption utilized by the board when determining the contribution rates. (B) A calculation of the contribution rates utilizing an investment return assumption 2 percentage points above and 2 percentage points below the investment return assumption utilized by the board. (2) (A) A description of the amortization period for any unfunded liabilities utilized by the board when determining the contribution rates. (B) A calculation of the contribution rates based on an amortization period equal to the estimated average remaining service periods of employees covered by the contributions. (3) (A) A description of the discount rate utilized by the board for reporting liabilities. (B) A calculation of those liabilities based upon a discount rate that is 2 percent below the long-term rate of return actually assumed by the board. (4) The market value of the assets controlled by the board and an explanation of how the actuarial value assigned to those assets differs from the market value of those assets. (b) Each legislative session, the Chair of the California Actuarial Advisory Panel, or his or her designee, shall, during a publicly noticed joint hearing of the Senate Committee on Public Employment and Retirement and the Assembly Committee on Public Employees, Retirement and Social Security, do all of the following based on information received in the report required by subdivision (a): (1) Explain the role played by the investment return assumption and amortization period in the calculation of the contribution rates. (2) Describe the consequences for future state budgets should the investment return assumption not be realized. (3) Report whether the board’s amortization period exceeds the estimated average remaining service periods of employees covered by the contributions. (c) The report required by subdivision (a) shall be submitted in compliance with Section 9795. (Amended by Stats. 2016, Ch. 415, Sec. 23. (AB 2375) Effective January 1, 2017.)
  160. 20230.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 7. Records and Reports [20220 - 20236] ( Article 7 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Certain retirement-system records are confidential and generally may not be disclosed, except to listed recipients or when otherwise required by law.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 7. Records and Reports [20220 - 20236] ( Article 7 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20230. (a) Data filed with the board by or on behalf of any member, retired member, beneficiary, or annuitant is confidential, and an individual record shall not be divulged by any official or employee having access to it to any person other than the following: (1) The member, retired member, beneficiary, or annuitant to whom the information relates; their authorized representative; or upon written authorization by the member, retired member, beneficiary, or annuitant to whom the information relates. (2) A contracting agency, county office of education, school district, community college district, the California State University, or the university, if the member, retired member, beneficiary, or annuitant is or was employed by that entity. A contracting agency, county office of education, school district, community college district, the California State University, or the university may also be provided with records that relate to the beneficiary of a member or retired member who is or was employed by the entity. (3) Any state department or agency. (4) Any other California public retirement system that either by statute or agreement provides reciprocal benefits to members of the system. (b) The information shall be used by the board for the sole purpose of carrying into effect the provisions of this part and Part 5 (commencing with Section 22750). Any information that is requested to which this section applies shall be treated as confidential and shall be used solely for retirement purposes, including, but not limited to, the administration and funding of retirement and health benefits, and related reporting and notice obligations. (c) The gross amount of any benefit or any refund of a PERS contribution due to a member, retired member, or beneficiary under this part is not confidential and may be released upon request to the board. (d) The board may seek reimbursement for reasonable administrative expenses incurred when providing information. Unless otherwise required by law, pursuant to a court order of competent jurisdiction, or except as provided by this section, a member’s, retired member’s, beneficiary’s, or annuitant’s address, home telephone number, or other personal information shall not be released. (e) For purposes of this section: (1) “Annuitant” has the meaning provided in Section 22760. (2) “Authorized representative” includes a spouse or a beneficiary if a contrary appointment has not been made and when, in the opinion of the board, the member, retired member, beneficiary, or annuitant is prevented from appointing an authorized representative because of mental or physical incapacity or death. (Amended by Stats. 2020, Ch. 275, Sec. 24. (AB 2101) Effective January 1, 2021.)
  161. 20231.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 7. Records and Reports [20220 - 20236] ( Article 7 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The department must share certain earnings information with the board when the person has authorized release, and the board must keep that information confidential.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 7. Records and Reports [20220 - 20236] ( Article 7 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20231. Notwithstanding any other provision of law, the Employment Development Department shall disclose to the board information in its possession relating to the earnings of any person who is receiving a disability retirement allowance from this system and has filed with the board a release permitting the Employment Development Department to furnish that information. The earnings information shall be released to the board only upon written request from the board specifying that the person is receiving a disability retirement allowance from this system. The request may be made by the executive officer of this system or by an employee of this system so authorized and identified by name and title by the executive officer in writing. The board shall notify recipients of disability retirement allowances with prescribed limits based on earnings that earnings information from the Employment Development Department’s records will be released upon request by the board. The board shall not release any earnings information received from the Employment Development Department to any person, agency, or other entity. This system shall reimburse the Employment Development Department for all reasonable administrative expenses incurred pursuant to this section. Any person receiving a disability retirement allowance who declines to authorize the release of earnings information as provided by this section shall instead furnish the board with proof of earnings the board may require, including, but not limited to, copies of the person’s federal and state income tax returns. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  162. 20232.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 7. Records and Reports [20220 - 20236] ( Article 7 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The board must file an annual report of the system’s financial statements and investments with the Governor and the Legislature as soon as practicable after each fiscal year ends.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 7. Records and Reports [20220 - 20236] ( Article 7 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20232. As soon as practicable after the close of each fiscal year the board shall file with the Governor and the Legislature a report of its financial statements and investments for the fiscal year. The report shall be submitted in printed or electronic form and shall include, but not be limited to, each of the following: (a) A copy of the annual audit performed pursuant to Section 20228. (b) A review of the system’s asset mix strategy, a market review of the economic and financial environment in which investments were made, and a summary of the system’s general investment strategy. (c) A description of the investments currently held by this system at cost and market value. The description of investments shall include, but not be limited to, the asset classes reported pursuant to Section 20235. The report shall also include a list of all investment holdings at the close of the fiscal year, including any major divestitures taken during the fiscal year. (d) The following information regarding the rate of return of this system by asset type: (1) Time-weighted market value rate of return on a five-year, three-year, and one-year basis. (2) Portfolio return comparisons by asset class that compare investment returns with an alternative theoretical portfolio of comparable funds, universes, and indexes. (e) The use of outside investment advisers and managers, including costs and fees. (f) A description of the system’s investments at cost and market value held in the state. (g) A review of the system’s custodial relationship and daily cash management, purchases, sales, turnover, private placements, soft dollar purchases, and transaction costs such as commissions, dealer spreads, and accommodations. (Amended by Stats. 1997, Ch. 951, Sec. 1. Effective January 1, 1998.)
  163. 20235.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 7. Records and Reports [20220 - 20236] ( Article 7 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The board must send a semiannual assets review to the Legislature and make the report available to contracting agencies.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 7. Records and Reports [20220 - 20236] ( Article 7 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20235. (a) The board shall submit a review of this system’s assets to the Legislature on a semiannual basis. The report shall also be made available to all contracting agencies. The report shall discuss the system’s assets, including review of all defined benefit trusts and defined contribution plans, and shall contain the following information: (1) Defined benefit trust and defined contribution plan total current market value and allocation of investments across primary asset classes, if appropriate. (2) Review of all portfolio and partnership current market value by primary asset class and strategy. (3) Historical time-weighted return for all defined benefit trusts, defined contribution plans, portfolios, and partnerships on a five-year, three-year, and one-year basis. (4) Summary of performance of an alternative theoretical portfolio for all defined benefit trusts and defined contribution plans based upon policy benchmarks approved by the board. (5) Description of policy benchmark components represented in the alternative theoretical portfolio. (b) Upon written request from a contracting agency that does not participate in a risk pool, the board shall also submit quarterly reports to the contracting agency as described in this subdivision. For the first quarter of the fiscal year, the report shall be submitted within 120 days after the end of the quarter and shall contain the agency’s beginning balance for the fiscal year. For the second and third quarters of the fiscal year, the report shall be submitted to the contracting agency within 90 days after the end of the quarter. For the fourth quarter of the fiscal year, the report shall be submitted within 180 days after the end of the quarter and shall contain the agency’s balance as of the end of the fiscal year. The report shall include, but need not be limited to, the following: (1) All contributions made to the system by the contracting agency and its employees. The contributions shall be reported as the amounts paid and the amounts due from the contracting agency for both employer contributions and employee contributions. (2) All benefits paid by the system to members of the contracting agency and their survivors and beneficiaries, including payments on account of pension, death, and disability benefits, and withdrawals of contributions. The benefits shall be reported as the total monthly allowances paid to retirees, survivors, and beneficiaries; the amount of total refunds paid; and the amount of any other lump sums paid. (3) An amount that represents any miscellaneous adjustments, including transfers in and out. (4) That quarter’s portion of the agency’s estimated share of the system’s administrative costs that shall be assessed at the end of the fiscal year. (5) The rate of return for the system during the quarter as reported to the board by the investment committee. (6) The estimated interest applied to the agency’s account as determined by the system. For purposes of this paragraph, the “estimated interest applied” means the estimate of the annual net earnings, as defined in Section 20052, and is subject to adjustment at the end of the fiscal year based on the actual dollar-weighted amount of investment return that shall be credited to the agency’s account for the fiscal year. The report for the fourth quarter of the fiscal year shall also include the actual dollar-weighted amount of investment return for the fiscal year that shall be credited to the contracting agency’s account. (c) Upon written request from a contracting agency that participates in a risk pool, the board shall submit to the contracting agency quarterly reports that reflect the total contributions made to the system by agencies in the risk pool, the total benefits paid by the system with respect to the risk pool, the total estimated share of administrative costs for the risk pool, and the total estimated share of investment returns for the risk pool. (d) A contracting agency requesting quarterly reports pursuant to subdivision (b) or (c) shall pay a fee, in an amount determined by the board, not to exceed one thousand five hundred dollars ($1,500) quarterly per agency while the manual process of collecting the information is in use. (e) Any report received by a contracting agency pursuant to this section shall be made available by the agency to any employee organization that represents the agency’s employees and that requests a copy of the report. (Amended by Stats. 2015, Ch. 244, Sec. 3. (SB 216) Effective January 1, 2016.)
  164. 20236.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 7. Records and Reports [20220 - 20236] ( Article 7 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The board must give the Legislature an analysis of certain bills affecting the retirement system, and the analysis must explain the methodology and assumptions used.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 7. Records and Reports [20220 - 20236] ( Article 7 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20236. (a) The board shall provide the Legislature with an analysis of the asset and liability implications of each bill that would affect the investment strategy of this system, the funding of this system, or the benefit structure of this system. The analysis shall include an explanation of the methodology employed and the assumptions used in its preparation. Neither fiscal committee of the Legislature shall hear any such bill until the analysis has been provided to the committee. (b) There is hereby continuously appropriated, without regard to fiscal years, from the retirement fund, an amount sufficient to pay all costs arising from subdivision (a), but not to exceed fifty thousand dollars ($50,000) in any one fiscal year. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  165. 20250.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 8. Subrogation [20250 - 20255] ( Article 8 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This provision says the article creates a right of subrogation only for amounts paid as disability retirement allowances and special death benefits.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 8. Subrogation [20250 - 20255] ( Article 8 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20250. The provisions of this article shall be deemed to create a right of subrogation only to amounts paid as disability retirement allowances and special death benefits. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  166. 20251.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 8. Subrogation [20250 - 20255] ( Article 8 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    In this article, “state fund” means the State Compensation Insurance Fund.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 8. Subrogation [20250 - 20255] ( Article 8 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20251. As used in this article, “state fund” means the State Compensation Insurance Fund. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  167. 20252.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 8. Subrogation [20250 - 20255] ( Article 8 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    If a member’s injury or death is caused by someone other than the employer, the board may recover money on behalf of the system from that person.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 8. Subrogation [20250 - 20255] ( Article 8 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20252. If benefits are payable under this part because of an injury to or the death of a member and the injury or death is the proximate consequence of the act of a person other than his or her employer (the state or the employing contracting agency), the board may on behalf of this system recover from that person an amount that is the lesser of the following: (1) An amount that is equal to one-half of the actuarial equivalent of the benefits for which this system is liable because of such injury or death. (2) An amount that is equal to one-half of the remaining balance of the amount recovered after allowance of that amount that the employer or its insurance carrier have paid or become obligated to pay. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  168. 20253.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 8. Subrogation [20250 - 20255] ( Article 8 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The board may contract with the state fund or the Attorney General to recover amounts for the retirement system, and those parties may take recovery actions under the contract.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 8. Subrogation [20250 - 20255] ( Article 8 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20253. The board may contract with the state fund or the Attorney General for the recovery on behalf of this system of any amounts that the board might recover from third persons under this article or Chapter 5 (commencing with Section 3850) of Part 1 of Division 4 of the Labor Code, or that an insurer might recover under Section 11662 of the Insurance Code, or otherwise. Under the contract, the state fund, in its own name or in the name of the board, or the Attorney General for the board, may, to recover the amounts regardless of whether the injury or death is industrial, commence and prosecute actions, file liens, or intervene in court proceedings all in the same manner and to the same extent, provided in Chapter 5 (commencing with Section 3850) of Part 1 of Division 4 of the Labor Code, for the state fund or employer, except that the recovery shall not be made from benefits payable under this part because of the injury or death. The state fund or the Attorney General, as the case may be, may compromise claims before or after commencement of suit or entry of judgment for the amount as may be approved by a person duly authorized by the board for that purpose. The agreed cost of the service and the expense incidental thereto is a proper charge against the retirement fund. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  169. 20254.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 8. Subrogation [20250 - 20255] ( Article 8 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Money recovered through subrogation must first repay amounts the employer or its insurer has already paid or must pay; any remainder goes to or stays with the system.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 8. Subrogation [20250 - 20255] ( Article 8 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20254. Any amount recovered by way of subrogation by the employer, workers’ compensation insurer or this system shall be applied first to the amounts that the employer or its insurer has paid or become obligated to pay. The balance of the amount recovered as specified in Section 20252 shall be paid to, or retained by, this system. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  170. 20255.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 8. Subrogation [20250 - 20255] ( Article 8 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The board must start actions under this article within three years after liability to pay benefits is fixed.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 8. Subrogation [20250 - 20255] ( Article 8 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20255. Actions brought by the board under this article shall be commenced within three years after the liability of this system to pay benefits is fixed. Liability of this system is fixed at the time the board approves the payment of benefits under this part. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  171. 20260.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 9. Validation of Prior Acts [20260- 20260.] ( Article 9 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Past computations, payments, and other acts by the board, its officers, and employees are ratified, confirmed, and validated.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 2. Administration of System [20090 - 20260] ( Chapter 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 9. Validation of Prior Acts [20260- 20260.] ( Article 9 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20260. All computations, payments, and other acts heretofore made or done by the board or its officers and employees are hereby ratified, confirmed, and validated. (Amended by Stats. 1996, Ch. 906, Sec. 17. Effective January 1, 1997.)
  172. 20280.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 3. Membership in System [20280 - 20356] ( Chapter 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. Compulsory Membership [20280 - 20285] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This article does not apply to people who are expressly excluded from membership under Article 2 or Article 3.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 3. Membership in System [20280 - 20356] ( Chapter 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. Compulsory Membership [20280 - 20285] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20280. This article does not apply to persons expressly excluded from membership in this system by Article 2 (commencing with Section 20300) and Article 3 (commencing with Section 20320). (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  173. 20281.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 3. Membership in System [20280 - 20356] ( Chapter 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. Compulsory Membership [20280 - 20285] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section says people who were already retirement-system members stay members, contracting-agency employees become members when the contract takes effect, and all other employees become members when they start employment.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 3. Membership in System [20280 - 20356] ( Chapter 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. Compulsory Membership [20280 - 20285] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20281. All members of the retirement system immediately prior to the time this part becomes operative continue to be members of this system. An employee of a contracting agency on the effective date of its contract with the board becomes a member immediately. Every other employee becomes a member upon his or her entry into employment. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  174. 20281.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 3. Membership in System [20280 - 20356] ( Chapter 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. Compulsory Membership [20280 - 20285] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Certain new state miscellaneous or state industrial members must wait 24 months before earning service credit or making employee contributions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 3. Membership in System [20280 - 20356] ( Chapter 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. Compulsory Membership [20280 - 20285] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20281.5. (a) Notwithstanding Section 20281, a person who becomes a state miscellaneous member or state industrial member of the system on or after the effective date of this section because the person is first employed by the state and qualifies for membership shall be subject to the provisions of this section. (b) Members subject to this section shall not accrue credit for service in the system and shall not make employee contributions to the system, including the contributions set forth in Section 20677.4, for employment with the state until the first day of the first pay period commencing 24 months after becoming a member of the system. (c) Notwithstanding subdivision (a), this section shall not apply to any of the following: (1) Persons who are already members or annuitants of the system at the time they are first employed by the state. (2) Employees of the California State University, or the legislative or judicial branch of state government. (3) Members of the Judges’ Retirement System, the Judges’ Retirement System II, the Legislators’ Retirement System, the State Teachers’ Retirement System, or the University of California Retirement Plan. (4) Persons who are members of a reciprocal retirement system and whose employment was subject to a reciprocal retirement system within the six months prior to membership in this system. (5) Persons whose service is not included in the federal system. (6) Persons who are employed by the Department of the California Highway Patrol as students at the department’s training school established pursuant to Section 2262 of the Vehicle Code. (7) Persons who had ceased to be members pursuant to Section 20340 or 21075. (8) Persons who are National Guard members pursuant to Section 20380.5. (d) A separation of employment does not alter the 24-month period described by subdivision (b). A member who separates from state employment shall remain subject to this section if he or she returns to state employment as a state miscellaneous or state industrial member within that 24-month period. (e) Any regulations adopted by the board to implement the requirements of this section shall not be subject to the review and approval of the Office of Administrative Law, pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3. The regulations shall become effective immediately upon filing with the Secretary of State. (f) This section shall not apply to any person who first becomes a state miscellaneous member or a state industrial member on or after July 1, 2013. (Amended by Stats. 2012, Ch. 296, Sec. 19. (AB 340) Effective January 1, 2013.)
  175. 20282.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 3. Membership in System [20280 - 20356] ( Chapter 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. Compulsory Membership [20280 - 20285] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Certain officers, warrant officers, and enlisted persons assigned full-time to the Adjutant General’s office must become system members, and military retirement benefit provisions do not apply to them.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 3. Membership in System [20280 - 20356] ( Chapter 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. Compulsory Membership [20280 - 20285] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20282. All officers, warrant officers, and enlisted persons who after October 1, 1961, are placed on full-time active duty with the office of the Adjutant General, pursuant to Sections 142, 321, 340 and 551, or former Section 167 of the Military and Veterans Code, shall become members in the manner and under the same conditions as under this article apply to other state employees. The retirement benefit provisions of the Military and Veterans Code shall not apply to those persons. This section shall not apply to the Adjutant General or the Assistant Adjutant General. (Amended by Stats. 2018, Ch. 118, Sec. 1. (SB 1501) Effective January 1, 2019.)
  176. 20283.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 3. Membership in System [20280 - 20356] ( Chapter 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. Compulsory Membership [20280 - 20285] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Employers must enroll eligible employees in membership on time and, if they miss the deadline, pay specified arrears and $500 per member administrative costs. Employers may not pass those assessed costs on to employees.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 3. Membership in System [20280 - 20356] ( Chapter 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. Compulsory Membership [20280 - 20285] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20283. (a) Any employer that fails to enroll an employee into membership when he or she becomes eligible, or within 90 days thereof, when the employer knows or can reasonably be expected to have known of that eligibility shall be required to pay all arrears costs for member contributions and administrative costs of five hundred dollars ($500) per member as a reimbursement to this system’s current year budget. (b) An employer shall not pass on to an employee any costs assessed pursuant to subdivision (a). (Amended by Stats. 2009, Ch. 130, Sec. 18. (AB 966) Effective January 1, 2010.)
  177. 20284.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 3. Membership in System [20280 - 20356] ( Chapter 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. Compulsory Membership [20280 - 20285] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A state employee assigned to certain work paid from non-state-controlled funds still counts as a state employee, and the work counts as state service, while the assignment lasts.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 3. Membership in System [20280 - 20356] ( Chapter 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. Compulsory Membership [20280 - 20285] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20284. When any person who is an employee of the state within the meaning of Section 20028 is assigned to the performance of work for which his or her compensation is paid, pursuant to statute or duly authorized contract entered into by the state or the state agency by which the person is employed, out of funds not directly controlled by the state, that person shall continue to be an “employee” of the state for the purposes of this part during the time he or she is assigned to the performance of that work, and the service rendered by him or her during that assignment shall be “state service,” notwithstanding Sections 20028 and 20069 relating to payment of compensation. (Amended by Stats. 1996, Ch. 906, Sec. 25. Effective January 1, 1997.)
  178. 20285.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 3. Membership in System [20280 - 20356] ( Chapter 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. Compulsory Membership [20280 - 20285] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Certain employees stay in membership in the system if they keep working without a break over 30 days; a member who elects membership must pay the contributions that would have applied.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 3. Membership in System [20280 - 20356] ( Chapter 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. Compulsory Membership [20280 - 20285] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20285. Any employee, who was a state member in employment in a function at the time of the assumption of the function by a city and county and became a local member on the date of the assumption and in employment of the city and county in that function under the contract with the city and county, shall continue in membership thereafter so long as he or she continues, without a break exceeding 30 days, in that employment or any other employment, falling in the same membership category under this system, of the city and county or any other public entity in which he or she would be a member of the retirement system of the city and county except for this section. Those employees shall be excluded from membership in the city and county retirement system in that employment. A member electing membership in this system shall make the contributions to this system that would have been required had he or she been a member while in that employment. (Amended by Stats. 1996, Ch. 906, Sec. 26. Effective January 1, 1997.)
  179. 20300.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 3. Membership in System [20280 - 20356] ( Chapter 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Exclusions from Membership [20300 - 20309.7] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section excludes listed categories of people from membership in the retirement system.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 3. Membership in System [20280 - 20356] ( Chapter 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Exclusions from Membership [20300 - 20309.7] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20300. The following persons are excluded from membership in this system: (a) Inmates of state or public agency institutions who are allowed compensation for the service they are able to perform. (b) Independent contractors who are not employees. (c) Persons employed as student assistants in the state colleges and persons employed as student aides in the special schools of the State Department of Education and in the public schools of the state. (d) Persons employed as teacher assistants pursuant to Section 44926 of the Education Code. (e) Participants, other than staff officers and employees, in the California Conservation Corps. (f) Persons employed as participants in a program of, and whose wages are paid in whole or in part by federal funds in accordance with, Section 1501 et seq. of Title 29 of the United States Code. This subdivision does not apply with respect to persons employed in job classes that provide eligibility for patrol or safety membership or to the career staff employees of an employer. (g) All persons who are members in any teachers’ retirement system, as to the service in which they are members of any teachers’ retirement system. (h) Except as otherwise provided in this part, persons rendering professional legal services to a city, other than the person holding the office of city attorney, the office of assistant city attorney, or an established position of deputy city attorney. (i) A person serving the university as a teacher in university extension, whose compensation for that service is established on the basis of class enrollment, either actual or estimated, with respect to that service. (j) A person serving a California State University as a teacher in extension service, whose compensation for that service is established on the basis of class enrollment, either actual or estimated, with respect to that service. (k) A teacher or academic employee of the university or any California State University who is otherwise fully employed and who serves as a teacher or in an academic capacity in any summer session or intersession, for which he or she receives compensation specifically attributable to that service in summer session or intersession, with respect to that service. (l) A person who is employed under the California Senate Fellows, the Assembly Fellowship, the Judicial Administration Fellowship, or the Executive Fellowship programs. (m) Board members of the State Compensation Insurance Fund, including those appointed by the Governor. (Amended by Stats. 2008, Ch. 322, Sec. 2. Effective January 1, 2009.)
  180. 20301.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 3. Membership in System [20280 - 20356] ( Chapter 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Exclusions from Membership [20300 - 20309.7] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Some university employees are excluded from this retirement system, but certain laid-off and rehired members may choose membership instead if they file notice within 30 days.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 3. Membership in System [20280 - 20356] ( Chapter 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Exclusions from Membership [20300 - 20309.7] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20301. Except as otherwise provided in this section, any person who on October 1, 1963, is employed by the university, and is a member of any retirement system maintained by the university, or who after that date enters university employment, shall be excluded from membership in this system. A university member who is separated from university employment due to layoff and who is reemployed by the university shall have the right to elect, in accordance with regulations of the board of regents, membership in this system in lieu of membership in any retirement system maintained by the university, if written notice of the election is filed with this system within 30 days after his or her reemployment. Any member who is employed as a member of the police department or fire department of the university and who elects, in accordance with regulations of the board of regents, to become a sworn officer member of a retirement system of the university in that employment shall be excluded from membership in this system in that employment after the date upon which he or she becomes a member of the university system. The election shall not constitute a permanent separation from state service for purposes of a right to refund of accumulated contributions, but shall constitute a discontinuance of employment as a member of this system and entry into employment as a member of the university system within the meaning of Section 20895. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  181. 20303.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 3. Membership in System [20280 - 20356] ( Chapter 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Exclusions from Membership [20300 - 20309.7] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section excludes certain people from this retirement system if they are already members of, or covered by, another qualifying retirement or pension arrangement, subject to listed exceptions and conditions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 3. Membership in System [20280 - 20356] ( Chapter 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Exclusions from Membership [20300 - 20309.7] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20303. (a) Persons who are members of any other retirement or pension system supported wholly or in part by funds of the United States government, any state government, or any political subdivision thereof and who are receiving credit in the other system for service are, as to that service, excluded from this system. (b) (1) For the purpose of this section only, persons who are receiving pensions, retirement allowances, or other payments, from any source whatever, because of service rendered to an employer other than the state and while they were not in state service, are not, because of that receipt, members of any other retirement or pension system. (2) For the purposes of this section only, persons who participate in a deferred compensation plan established pursuant to Chapter 4 (commencing with Section 19993) or Chapter 8.6 (commencing with Section 19999.3) of Part 2.6 or pursuant to Article 1.1 (commencing with Section 53212) of Chapter 2 of Part 1 of Division 2 of Title 5, are not, because of that participation, members of any other retirement or pension system. (3) For the purposes of this section only, persons who participate in a money purchase pension plan and trust that meets the requirements of Section 401(a) of Title 26 of the United States Code are not, because of that participation, members of any other retirement or pension system, so long as the contracting agency has received a ruling from the Internal Revenue Service stating that the money purchase pension plan and trust qualifies under Section 401(a) and furnishes proof thereof upon request by the board. (4) For the purposes of this section only, persons who participate in a supplemental defined benefit plan maintained by their employer that meets the requirements of Section 401(a) of Title 26 of the United States Code are not, because of that participation, members of another retirement or pension system, provided that all of the following conditions exist: (A) The defined benefit plan provided under this part has been designated as the employer’s primary plan for the person. (B) The supplemental defined benefit plan has received a ruling from the Internal Revenue Service stating that the plan qualifies under Section 401(a) of Title 26 of the United States Code, and has furnished proof thereof to the employer and, upon request, to the board. (C) The person’s participation in the supplemental defined benefit plan does not, in any way, interfere with the person’s rights to membership in the defined benefit plan, or any benefit provided, under this part. (5) For purposes of this section only, a person who elects membership pursuant to Section 20326 is deemed, with respect to service with the California National Guard, not to be a member of any other retirement or pension system. (Amended by Stats. 2007, Ch. 355, Sec. 6. Effective January 1, 2008.)
  182. 20304.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 3. Membership in System [20280 - 20356] ( Chapter 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Exclusions from Membership [20300 - 20309.7] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Persons are not to be excluded from this retirement system for service that is also credited in the federal system.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 3. Membership in System [20280 - 20356] ( Chapter 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Exclusions from Membership [20300 - 20309.7] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20304. Notwithstanding Sections 20303 and 20894, nothing shall act to prohibit the receipt of credit in this system, nor the payment of benefits relating thereto, for service that is also being credited in the federal system, and persons shall not be excluded from this system as to the service that is being credited in the federal system. (Amended by Stats. 1996, Ch. 906, Sec. 28. Effective January 1, 1997.)
  183. 20305.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 3. Membership in System [20280 - 20356] ( Chapter 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Exclusions from Membership [20300 - 20309.7] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Some employees are excluded from this retirement system unless one of several listed exceptions applies.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 3. Membership in System [20280 - 20356] ( Chapter 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Exclusions from Membership [20300 - 20309.7] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20305. (a) An employee whose appointment or employment contract does not fix a term of full-time, continuous employment in excess of six months is excluded from this system unless: (1) He or she is a member at the time he or she renders that service and is not otherwise excluded pursuant to this article or by a provision of a contract. (2) His or her position requires regular, part-time service for one year or longer for at least an average of 20 hours a week, or requires service that is equivalent to at least an average of 20 hours a week for one year or longer, unless he or she elects membership pursuant to Section 20325. (3) His or her employment is, in the opinion of the board, on a seasonal, limited-term, on-call, emergency, intermittent, substitute, or other irregular basis, and is compensated and meets one of the following conditions: (A) The appointment or employment contract does not fix a term of full-time, continuous employment in excess of six months, but full-time employment continues for longer than six months, in which case membership shall be effective not later than the first day of the first pay period of the seventh month of employment. (B) The person completes 125 days, if employed on a per diem basis or, if employed on other than a per diem basis, completes 1,000 hours within the fiscal year, in which case, membership shall be effective not later than the first day of the first pay period of the month following the month in which 125 days or 1,000 hours of service were completed. For purposes of this subdivision, “day” means each eight-hour period of employment worked by an employee paid on a per diem basis so that membership is effective after he or she has completed 1,000 hours of compensated service in a fiscal year. (C) The person is employed by the Department of Forestry and Fire Protection in one of the positions that provide state safety membership pursuant to Section 20400 or state peace officer/firefighter membership pursuant to Section 20392. (4) He or she is a temporary faculty member of the California State University and meets one of the following conditions: (A) He or she works two consecutive semesters or three consecutive quarters at half-time or more, and is not otherwise excluded pursuant to this article, in which case, membership shall be effective with the start of the next consecutive semester or quarter if the appointment requires service of half-time or more. (B) He or she works two consecutive semesters or three consecutive quarters at a minimum teaching load of six weighted units, and is not otherwise excluded pursuant to this article, in which case membership shall be effective at the start of the next consecutive semester or quarter, but not earlier than July 1, 2004, if the appointment requires service of six weighted units or more. This subparagraph does not apply to faculty members unless provided for in a memorandum of understanding agreed upon, on or after January 1, 2003, pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1, or authorized by the Trustees of the California State University for employees excluded from collective bargaining. (5) He or she is a member of the Board of Prison Terms, the State Personnel Board, or the State Air Resources Board and elects to become a member pursuant to Section 20320. (6) He or she is participating in partial service retirement, pursuant to Article 1.7 (commencing with Section 19996.30) of Chapter 7 of Part 2.6. (7) He or she is included by specific provision of the board relating to the exclusion of less than full-time employees. (b) This section shall supersede any contract provision excluding persons in any temporary or seasonal employment basis and shall apply only to persons entering employment on and after January 1, 1975. Except as provided in Section 20502, no contract or contract amendment entered into after January 1, 1981, shall contain any provision excluding persons on an irregular employment basis. (Amended by Stats. 2009, Ch. 130, Sec. 19. (AB 966) Effective January 1, 2010.)
  184. 20306.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 3. Membership in System [20280 - 20356] ( Chapter 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Exclusions from Membership [20300 - 20309.7] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section lets certain eligible employees choose an alternate retirement plan and requires employers to give information, keep records, notify the system, and submit needed information.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 3. Membership in System [20280 - 20356] ( Chapter 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Exclusions from Membership [20300 - 20309.7] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20306. (a) Notwithstanding paragraph (1) of subdivision (a) of Section 20305, an employee participating in this system, other than a local safety member, who is credited with less than five years of state service and whose service falls below the minimum service prescribed by paragraph (2) of, or subparagraph (A) or (B) of paragraph (3) of, subdivision (a) of Section 20305 and who is eligible for membership in an alternate retirement plan established or maintained by the county superintendent of schools or the public agency pursuant to Article 1.5 (commencing with Section 53215) of Chapter 2 of Part 1 of Division 2 of Title 5, may participate in that plan in accordance with the following provisions: (1) Eligibility to participate in an alternate retirement plan for an employee who is employed on or after July 1, 1997, or the effective date of the establishment of an alternate retirement plan, whichever is later, and who is represented by an exclusive bargaining representative shall be determined by the provisions of a memorandum of understanding executed between the public agency and the exclusive bargaining representative of the employee. That memorandum of understanding shall prescribe all of the terms and conditions under which the alternate plan is established including the employer and employee contribution rates. (2) Eligibility to participate in an alternate retirement plan for an employee who is employed on or after July 1, 1997, or the effective date of the establishment of an alternate retirement plan, whichever is later, and who is not represented by an exclusive bargaining representative shall be determined by the public agency. (3) Eligibility to participate in an alternate retirement plan established prior to July 1, 1997, for an employee who is employed prior to that date, or for plans established on or after July 1, 1997, for an employee who is employed prior to the date the plan is established, shall be determined by the employee in accordance with the following election procedures: (A) The employer shall make available to each employee prior to October 1, 1997, or at least 90 days prior to the proposed effective date of the alternate retirement plan, whichever is later, information describing the employee’s rights and responsibilities as a participant in either this system or the alternate retirement plan offered by the employer and describing the benefits provided by this system and that alternate retirement plan. The information shall include all of the terms and conditions under which the system and the alternate retirement plan are established including the employer and employee contribution rates. (B) An employee who fails to make an election prior to January 1, 1998, or 90 days after being given the election opportunity, whichever is later, shall be informed by the employer by certified mail that the failure to make that election has been deemed an election to participate in the alternate retirement plan whenever his or her employment fall below the requirements prescribed by Section 20305. (C) The employer shall maintain in its files a written acknowledgment by the employee that the employee received the information required under this section within the specified timeframe and shall maintain election results and election forms of employees. (D) The employer shall notify the system as to the results of election by employees in the manner prescribed by the board. (b) An employee’s participation in the alternate retirement plan shall commence as soon as it is reasonable for this system to determine the member’s qualifications pursuant to Section 20305. Employers shall submit all information deemed necessary for this system to make those determinations. Participation in the alternate retirement plan shall continue until the system determines that the employee’s employment meets the conditions for membership in this system, whereupon the employee shall reenter membership in this system. (c) Each county superintendent of schools may make the school districts in the county responsible for any administrative acts which may be necessary to implement this section. Any cost incurred by a county superintendent of schools in complying with this section shall be reimbursed on a proportional basis by those school districts in the county participating in an alternative retirement system. (Added by Stats. 1996, Ch. 1164, Sec. 1. Effective January 1, 1997.)
  185. 20309.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 3. Membership in System [20280 - 20356] ( Chapter 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Exclusions from Membership [20300 - 20309.7] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

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    Certain members may elect to keep retirement coverage after moving into covered teaching service, and the employer must file the election form.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 3. Membership in System [20280 - 20356] ( Chapter 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Exclusions from Membership [20300 - 20309.7] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20309. (a) A member of the system described in subdivision (b) who subsequently is employed to perform service subject to coverage by the Defined Benefit Program of the State Teachers’ Retirement Plan, may elect to retain coverage by this system for that subsequent service. An election to retain coverage under this system shall be submitted in writing by the member to the employer on a form prescribed by the system within 60 days after the member’s date of hire to perform service that requires membership in the Defined Benefit Program of the State Teachers’ Retirement Plan. The employer shall retain a copy of the employee’s signed election form and submit the original signed form to the system. A member who elects to retain coverage under this system pursuant to this section shall be deemed to be a school member while employed by a school employer. (b) This section shall apply to a member of the system who either (1) was employed by a school employer, the Board of Governors of the California Community Colleges, or the State Department of Education within 120 days before the member’s date of hire to perform service that requires membership in the Defined Benefit Program of the State Teachers’ Retirement Plan or (2) has at least five years of credited service under this system. (c) Any election made pursuant to this section shall become effective as of the first day of employment in the position that qualified the member to make an election. (d) A member providing emergency teaching services pursuant to Executive Order No. N-3-22 is eligible to elect to retain coverage under this section, notwithstanding the requirements in subdivision (a). The exception in this subdivision does not exempt any individual from any other requirement for eligibility to make the election authorized by this section. The eligibility to elect to retain coverage as authorized by this subdivision shall remain in effect only until January 1, 2024. (Amended by Stats. 2022, Ch. 52, Sec. 100. (AB 181) Effective June 30, 2022.)
  186. 20309.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 3. Membership in System [20280 - 20356] ( Chapter 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Exclusions from Membership [20300 - 20309.7] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Certain eligible state employees may elect retirement coverage under the Teachers’ Retirement Plan instead of the Public Employees’ Retirement System, and PERS must transfer the related actuarial liability to the Teachers’ Retirement Fund when that election is made.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 3. Membership in System [20280 - 20356] ( Chapter 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Exclusions from Membership [20300 - 20309.7] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20309.5. (a) Any person who is a member of the Defined Benefit Program of the State Teachers’ Retirement Plan and who subsequently became employed, on or after July 1, 1991, and who continues to be employed by the state to perform service that requires membership in the Public Employees’ Retirement System under Section 21071 and who meets the requirements of subdivision (b) of Section 22508.6 of the Education Code may elect to have his or her state service subject to coverage by the Defined Benefit Program of the State Teachers’ Retirement Plan and excluded from coverage by the Public Employees’ Retirement System. (b) Upon an election being made pursuant to subdivision (a), the Public Employees’ Retirement System shall transfer to the Teachers’ Retirement Fund an amount equal to the actuarial accrued liability of the system for the service rendered by the person making the election on or after July 1, 1991, to the date of the election, inclusive. The actuarial accrued liability shall be calculated based on the actuarial assumptions of the system for the most recently completed actuarial valuation as of the date of the election. (Added by Stats. 2000, Ch. 402, Sec. 11. Effective September 11, 2000.)
  187. 20309.7.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 3. Membership in System [20280 - 20356] ( Chapter 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Exclusions from Membership [20300 - 20309.7] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Some school members may elect coverage under the State Teachers’ Retirement System instead of this system, but they must file the election in writing by June 30, 2018.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 3. Membership in System [20280 - 20356] ( Chapter 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Exclusions from Membership [20300 - 20309.7] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20309.7. (a) A person who was employed by a school employer before January 1, 2018, in a position that includes activities that meet the definition of creditable service under Section 22119.5 of the Education Code, and whose service in that position was reported to this system, shall continue to retain membership in this system and have his or her past and future service in that position credited to this system, if the person was not enrolled into the State Teachers’ Retirement Plan for that same service and is not otherwise excluded from membership in this system. (b) (1) A school member who performs service as described in subdivision (a), and who has not yet retired from this system, may elect to have all of their service, and subsequent service, in that position subject to coverage by the State Teachers’ Retirement System and excluded from coverage by this system, if the member is not excluded from coverage by that system. (2) If an election is made pursuant to this subdivision, all of the following shall apply: (A) The election shall be made in writing on a form prescribed by this system and filed with this system on or before June 30, 2018, and copies of the election form shall be filed with the school employer and the State Teachers’ Retirement System. (B) A school member not subject to the California Public Employees’ Pension Reform Act of 2013 shall not be subject to that act in the State Teachers’ Retirement System. (C) A school member subject to the California Public Employees’ Pension Reform Act of 2013 shall be subject to that act in the State Teachers’ Retirement System. (3) The board shall be under no obligation to identify, locate, or notify persons who are eligible to make an election pursuant to this subdivision. (4) An election made pursuant to this subdivision shall be irrevocable. (c) A member described in subdivision (a) who becomes employed by the same or a different employer in a new position performing creditable service under Section 22119.5 on or after January 1, 2018, shall not have his or her service in that new position reported to this system unless that service is otherwise eligible for coverage by this system. (d) This section shall not apply to a person who has made a valid election pursuant to either Section 20309 or 20309.5. (Added by Stats. 2017, Ch. 241, Sec. 4. (SB 525) Effective January 1, 2018.)
  188. 20320.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 3. Membership in System [20280 - 20356] ( Chapter 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Optional Membership [20320 - 20327] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. )

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    Certain appointed public officers are excluded from this retirement system unless they file a written election with the board to join.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 3. Membership in System [20280 - 20356] ( Chapter 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Optional Membership [20320 - 20327] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20320. (a) A person directly appointed by the Governor, without the nomination of any officer or board, or directly appointed by the Attorney General, Lieutenant Governor, Controller, Secretary of State, Treasurer, or Superintendent of Public Instruction exempt from civil service under Article VII of the California Constitution, except those appointed pursuant to subdivision (i) of Section 4 thereof, is excluded from membership in this system unless the person files with the board an election in writing to become a member. The election effective date shall be the start date of the current appointment, provided the election is received by this system within 90 days of the applicable start date. If the election is not received by this system within 90 days from the start date, the effective date shall be the first day of the month in which the election is received by this system. (b) Upon electing to become a member, the person may further elect at any time prior to retirement to receive service credit for their prior, excluded state service by making the contributions as specified in Sections 21050 and 21051. (Amended by Stats. 2021, Ch. 186, Sec. 7. (SB 634) Effective January 1, 2022.)
  189. 20321.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 3. Membership in System [20280 - 20356] ( Chapter 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Optional Membership [20320 - 20327] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. )

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    Certain post-October 1, 1961 appointees to the Adjutant General or Assistant Adjutant General offices get membership rights under this article, but not Military and Veterans Code retirement-benefit rights; eligible appointees already entitled to those benefits keep receiving military retirement benefits while in office.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 3. Membership in System [20280 - 20356] ( Chapter 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Optional Membership [20320 - 20327] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20321. Persons appointed to the office of the Adjutant General or Assistant Adjutant General after October 1, 1961, shall have rights to membership as provided in this article for other persons appointed by the Governor and shall have no rights under the retirement benefit provisions of the Military and Veterans Code, except that persons entitled to retirement benefits under the Military and Veterans Code appointed to the office of the Adjutant General or Assistant Adjutant General shall continue to receive military retirement benefits during their term of office. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  190. 20322.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 3. Membership in System [20280 - 20356] ( Chapter 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Optional Membership [20320 - 20327] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Elective officers are excluded from membership unless they file a written election with the board; the board decides who qualifies, and some officers are specifically excluded or treated differently.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 3. Membership in System [20280 - 20356] ( Chapter 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Optional Membership [20320 - 20327] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20322. (a) An elective officer is excluded from membership in this system unless the officer files with the board an election in writing to become a member. The election effective date shall be the start date of the current term, provided the election is received by this system within 90 days of the applicable start date. If the election is not received by this system within 90 days from the start date, the effective date shall be the first day of the month in which the election is received by this system. Upon electing to become a member, the officer may further elect at any time prior to retirement to receive service credit for their prior, excluded service by making the contributions as specified in Sections 21050 and 21051. (b) As used in this part, “elective officer” includes any officer of the Senate or Assembly who is elected by vote of the members of either or both of the houses of the Legislature, and any appointive officer of a city or county occupying a fixed term of office, as well as officers of the state or contracting agencies elected by the people, and persons elected to a city council or a county board of supervisors. (c) Notwithstanding any other provision of subdivision (a) or (b), elected or appointed officers of a county superintendent of schools, school district, or community college district, or of a contracting agency, who serve on public commissions, boards, councils, or similar legislative or administrative bodies are excluded from membership in this system. This exclusion shall only apply to those elected or appointed officers, other than city or county officers, who are first elected or appointed to an office on or after July 1, 1994, or who are elected or appointed to a term of office not consecutive with the term of office held on June 30, 1994. For city or county elected or appointed officers, this exclusion shall only apply to those officers who are first elected or appointed to an office on or after January 1, 1997, or who are elected or appointed to a term of office not consecutive with the term of office held on December 31, 1996. This exclusion shall not apply to persons elected to a city council or county board of supervisors. (d) Any person holding the office of city attorney or the office of assistant city attorney, whether employed, appointed, or elected, is excluded from the definition of “elective officer” as defined in subdivision (b). This subdivision shall apply only to persons first employed, elected, or appointed on or after July 1, 1994, or following any break in state service while serving in the office if the office was held on June 30, 1994. (e) In accordance with Section 20125, the board shall be the sole judge of which elected or appointed positions qualify the incumbent as an “elective officer” in this system under this section. (f) Notwithstanding any other provision of law, with respect to elective officers of contracting agencies, payment by a contracting agency of employer contributions and any other amounts for employer paid benefits under this system shall not be construed as receipt of salary or compensation by the elective officer for purposes of any statutory salary or compensation limitation. (Amended by Stats. 2021, Ch. 186, Sec. 8. (SB 634) Effective January 1, 2022.)
  191. 20323.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 3. Membership in System [20280 - 20356] ( Chapter 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Optional Membership [20320 - 20327] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. )

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    Veterans employed by the Veterans’ Home of California are excluded from system membership unless they file a written election to join.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 3. Membership in System [20280 - 20356] ( Chapter 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Optional Membership [20320 - 20327] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20323. For the purposes of this section “veteran” means a member of the Veterans’ Home of California. Any veteran who is employed by the Veterans’ Home of California is excluded from membership in this system unless he or she files, or has filed prior to October 1, 1959, an election in writing to become a member. The election shall be filed within 90 days after notice of eligibility to participate from this system, and shall not be revocable. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  192. 20324.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 3. Membership in System [20280 - 20356] ( Chapter 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Optional Membership [20320 - 20327] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Certain Senate and Assembly employees are treated as legislative employees, and they are excluded from system membership unless they file a written election 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 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 3. Membership in System [20280 - 20356] ( Chapter 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Optional Membership [20320 - 20327] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20324. (a) An employee of the Senate or the Assembly, or the respective committees thereof, whose salaries or wages are paid from the Senate Operating Fund or the Assembly Operating Fund or the Operating Funds of the Assembly and Senate, shall be deemed a “legislative employee.” A legislative employee is excluded from membership in this system unless the person files with the board an election in writing to become a member. The election effective date shall be the start date of the current position, provided the election is received by this system within 90 days of the applicable start date. If the election is not received by this system within 90 days from the start date, the effective date shall be the first day of the month in which the election is received by this system. The election shall not be required of a legislative employee who was a member of this system on October 1, 1963. (b) Upon electing to become a member, a legislative employee may further elect at any time prior to retirement to receive service credit for their prior, excluded legislative service and the legislative employee shall have the option as to how much of that prior legislative service is to be credited. The legislative employee shall make contributions to this system as specified in Sections 21050 and 21051 for the previous service as a legislative employee for which they desire to receive service credit. (Amended by Stats. 2021, Ch. 186, Sec. 9. (SB 634) Effective January 1, 2022.)
  193. 20325.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 3. Membership in System [20280 - 20356] ( Chapter 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Optional Membership [20320 - 20327] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Certain public employers may offer part-time employees the option to become members, and qualifying part-time employees may later elect service credit for past service before retirement.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 3. Membership in System [20280 - 20356] ( Chapter 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Optional Membership [20320 - 20327] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20325. (a) A county superintendent of schools, a school district, a community college district, or a contracting agency, whose respective resolution or contract contains an election to be subject to this section, may offer to its part-time employees whose service is less than the minimum service prescribed by paragraph (2) of subdivision (a) of Section 20305 the option to elect at any time to become a member by filing an election in writing with the board to become a member. An election by a county superintendent of schools, a school district, or a community college district to be subject to this section shall subject all of its employees whose service is less than the minimum service prescribed by paragraph (2) of subdivision (a) of Section 20305 to mandatory social security coverage but shall not, in and of itself, affect any other county superintendent of schools, school district, or community college district with respect to any social security coverage of employees of the other county superintendent of schools, school district, or community college district. (b) If a part-time employee elects to become a member, he or she may further elect at any time prior to retirement to receive service credit for past service that was less than the minimum service prescribed by paragraph (2) of subdivision (a) of Section 20305 by making the contributions as specified in Sections 21050 and 21051. (c) This section shall not apply to those part-time employees of any contracting agency nor to any contracting agency until the contracting agency elects to be subject to this section by amendment to its contract with the board made pursuant to Section 20474 or by express provision in its contract with the board. (d) This section shall not apply to those part-time employees of any county superintendent of schools or school district or community college district nor to any county superintendent of schools or school district or community college district until the county superintendent of schools, the school district, or community college district, elects to be subject to this section by adopting a resolution to that effect and transmitting that resolution through the county superintendent of schools to the board. Notwithstanding any specified effective date in a resolution, the resolution shall not become effective until it is received by this system. (Amended by Stats. 2000, Ch. 489, Sec. 4. Effective January 1, 2001.)
  194. 20326.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 3. Membership in System [20280 - 20356] ( Chapter 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Optional Membership [20320 - 20327] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. )

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    Certain California National Guard personnel are excluded from system membership unless they file a written election with the board; the Military Department must report requested information 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 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 3. Membership in System [20280 - 20356] ( Chapter 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Optional Membership [20320 - 20327] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20326. (a) Notwithstanding Section 20305, officers, warrant officers, and enlisted personnel of the California National Guard who are not members pursuant to Section 20282 are excluded from membership in this system unless those officers, warrant officers, and enlisted personnel file a written election with the board to become a member. (b) The Military Department shall report to the board any employment and other information requested by the board for purposes of this section. (Added by Stats. 2007, Ch. 355, Sec. 7. Effective January 1, 2008.)
  195. 20327.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 3. Membership in System [20280 - 20356] ( Chapter 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Optional Membership [20320 - 20327] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. )

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    A National Guard member may cancel membership by filing written notice with the board, and may do so only once.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 3. Membership in System [20280 - 20356] ( Chapter 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Optional Membership [20320 - 20327] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20327. (a) Notwithstanding any other provision of this part, a National Guard member may, at any time and on a prospective basis, cancel his or her election of membership in this system by filing a written notice of cancellation with the board. (b) If a National Guard member cancels his or her election of membership, that National Guard member shall not be required to pay contributions as described in Section 20772.5, effective as of the date the written notice of cancellation was filed with the board. (c) A National Guard member may only elect to cancel his or her membership pursuant to this section one time. (d) This section shall remain operative until subsequent provisions of law delete the requirement that National Guard members pay the employer contributions as a condition of membership in this system. (Added by Stats. 2007, Ch. 355, Sec. 8. Effective January 1, 2008. Conditionally inoperative as provided in subd. (d).)
  196. 20340.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 3. Membership in System [20280 - 20356] ( Chapter 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Termination of Membership [20340 - 20343] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. )

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    A person stops being a member of the system when the listed conditions apply, including retirement, payment of normal contributions, or low service credit, subject to stated exceptions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 3. Membership in System [20280 - 20356] ( Chapter 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Termination of Membership [20340 - 20343] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20340. A person ceases to be a member: (a) Upon retirement, except while participating in reduced worktime for partial service retirement. (b) If he or she is paid his or her normal contributions, unless payment of contributions is the result of an election pursuant to paragraph (1) of subdivision (b) of Section 21070, or unless, after reducing the member’s credited service by the service applicable to the contributions being withdrawn, the member meets the requirements of Section 21075 or if he or she is paid a portion of his or her normal contributions where more than one payment is made, or these contributions are held pursuant to Section 21500. For the purposes of this subdivision, deposit in the United States mail of a warrant drawn in favor of a member, addressed to the latest address of the member on file in the office of this system, electronic fund transfer to the person’s bank, savings and loan association, or credit union account, constitutes payment to the person of the amount for which the warrant is drawn or electronically transferred. (c) If the member has less than five years of service credit, or less than 10 years of service credit if the member is subject to Section 21076 or 21076.5, and no accumulated contributions in the retirement fund at the time of termination of service, unless the member establishes membership in the Judges’ Retirement System, the Judges’ Retirement System II, the Legislators’ Retirement System, the State Teachers’ Retirement System, or the University of California Retirement Plan, or establishes reciprocity with a reciprocal retirement system. (Amended by Stats. 2014, Ch. 237, Sec. 2. (AB 2472) Effective January 1, 2015.)
  197. 20341.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 3. Membership in System [20280 - 20356] ( Chapter 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Termination of Membership [20340 - 20343] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. )

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    If a state member is indicted for certain felony-related misconduct tied to official duties and is a fugitive from justice, the board must investigate and hold a hearing, and the member may be suspended. A suspended person may withdraw accumulated contributions, and doing so ends membership.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 3. Membership in System [20280 - 20356] ( Chapter 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Termination of Membership [20340 - 20343] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20341. When any state member 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 money, perjury, or conspiracy to commit any of those crimes, arising directly out of his or her official duties, and is a fugitive from justice, the board shall conduct an investigation and shall hold a hearing for the purpose of determining whether, in the light of all factors, the offense charged is of such a nature as to justify suspension of his or her membership in this system. If the board so determines, he or she 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 this system, and that withdrawal shall constitute an election to terminate membership in this system. (Amended by Stats. 1996, Ch. 906, Sec. 29. Effective January 1, 1997.)
  198. 20342.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 3. Membership in System [20280 - 20356] ( Chapter 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Termination of Membership [20340 - 20343] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. )

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    A member who is absent on military service may resign from the system until returning to state service.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 3. Membership in System [20280 - 20356] ( Chapter 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Termination of Membership [20340 - 20343] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20342. Until his or her return to state service any member absent on military service may resign from this system. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  199. 20343.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 3. Membership in System [20280 - 20356] ( Chapter 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Termination of Membership [20340 - 20343] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. )

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    A person stops being a system member for any service as an elected public officer that is forfeited under Section 1243.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 3. Membership in System [20280 - 20356] ( Chapter 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Termination of Membership [20340 - 20343] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20343. Notwithstanding Section 21259, a person ceases to be a member for any portion of his or her service as an elected public officer that is forfeited pursuant to Section 1243. (Added by Stats. 2005, Ch. 322, Sec. 2. Effective January 1, 2006.)
  200. 20350.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 3. Membership in System [20280 - 20356] ( Chapter 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Reciprocity [20350 - 20356] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )

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    If a deferred retiree is eligible for service retirement from a reciprocal retirement system and retires before becoming entitled to retire under this system, the retirement is treated as a concurrent retirement for final compensation purposes.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 3. Membership in System [20280 - 20356] ( Chapter 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Reciprocity [20350 - 20356] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20350. Notwithstanding Section 20638, if a member on deferred retirement from this system is eligible to retire for service from a reciprocal retirement system and does so retire prior to the time the member becomes entitled to retire under this system, his or her retirement shall be deemed a concurrent retirement for purposes of computing final compensation under Section 20638. (Amended by Stats. 1999, Ch. 785, Sec. 1. Effective January 1, 2000.)

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