Government Code — Part 26 | GOV — United States — California law | Esheria

Government Code

Part 26 of 107 · provisions 5,001–5,200

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. 20351.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2.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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    This section extends certain reciprocity rules to members moving between this system and qualifying public retirement systems, subject to board acceptance, agreements, and timing 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 PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2.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 5. Reciprocity [20350 - 20356] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20351. The provisions of this part extending rights to a member of this system, or subjecting him or her to any limitation by reason of his or her membership in a county retirement system, apply in like manner and under like conditions to a member of this system by reason of his or her membership in any retirement system established under Chapter 2 (commencing with Section 45300) of Division 5 of Title 4 with respect to which an ordinance complying with Section 45310.5 has been filed with and accepted by the board or by reason of his or her membership in a retirement system established by or pursuant to the charter of a city or city and county or by any other public agency of this state and that system, in the opinion of the board, provides a similar modification of rights and benefits because of membership in this system and with respect to which the governing body of the city, city and county or public agency and the board have entered into agreement pursuant to this section. An agreement under this section shall provide that the governing body shall modify its retirement system to conform to any amendments to this part affecting a member’s right because of membership in a county retirement system, and may contain other provisions consistent with this section as the board deems appropriate. This section applies only to a member whose termination and entry into employment resulting in a change in membership from this system to the other system or from the other system to this system occurred after the acceptance by the board or after the effective date specified in the agreement. However, provisions relating to computation of final compensation apply to any other member if the provision would have applied had the termination and entry into employment occurred after the acceptance or determination by the board. (Amended by Stats. 2018, Ch. 92, Sec. 106. (SB 1289) Effective January 1, 2019.)
  2. 20352.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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. )

    Verify source ↗

    This section extends certain retirement-system rights and limitations to specified former state employees who joined a fire district, but only in counties where Section 31840.5 has been made applicable.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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. ) ## 20352. The provisions of this part extending rights to a member of this system or subjecting him or her to any limitation, by reason of his or her membership in a county retirement system shall also apply to members who terminated state employment and became an employee of a fire district within six months of the termination, and who were employees of the district at the time that the district became subject to the county retirement system. This section shall only be operative with respect to a county where the board of supervisors has made Section 31840.5 applicable in that county. (Amended by Stats. 1996, Ch. 906, Sec. 32. Effective January 1, 1997.)
  3. 20353.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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. )

    Verify source ↗

    A public agency that enters a reciprocal retirement agreement under Section 20351 is treated as having the same rights and limitations as other reciprocal agencies and certain reciprocal retirement 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 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. ) ## 20353. Any public agency that has pursuant to the provisions of Section 20351 entered into an agreement to establish a reciprocal retirement system with this system shall be deemed to have obtained the same rights and limitations with respect to all other public agencies who have entered into those agreements and established reciprocity as well as with respect to county retirement systems and under Chapter 2 (commencing with Section 45300) of Division 5 of Title 4 that have established reciprocity with this system pursuant to Section 20351. (Amended by Stats. 1996, Ch. 906, Sec. 33. Effective January 1, 1997.)
  4. 20354.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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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    Certain former state employees are covered by the retirement-system rights extension if they meet the stated timing and county-employment 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 5. Reciprocity [20350 - 20356] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20354. The provisions of this part extending rights to a member of this system by reason of his or her membership in a county retirement system shall also apply to members who terminated state employment on or after June 30, 1971, but because of county budget problems were not employed in the permanent positions to which they would otherwise have been assigned and did not become permanent county employees until on or before January 4, 1972. (Amended by Stats. 1996, Ch. 906, Sec. 34. Effective January 1, 1997.)
  5. 20355.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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. )

    Verify source ↗

    For certain retirement-system reciprocity cases, the 90-day employment period is extended to six months.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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. ) ## 20355. Wherever in this part the rights of a member, because of membership in another retirement system, are conditioned upon employment within 90 days of termination of membership in this system or another retirement system, with respect to that employment that occurs on and after January 1, 1976, the period shall be six months rather than 90 days. This section shall also be applicable to members who were permanent employees of the state who were laid off because of a reduction in work force and whose break in service between retirement systems occurred prior to January 1, 1976, but not before April 1, 1970. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  6. 20356.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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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    For certain local members, the usual six-month period becomes one year if the member was an elective officer and starts service in another elective office on or after January 1, 1977.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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. ) ## 20356. Whenever in this part the rights of a local member, because of membership in another retirement system, are conditioned upon employment within six months of termination of membership in this system or another retirement system, the period shall be one year rather than six months if the local member was an elective officer and becomes a member of another retirement system upon commencement of service in another elective office on and after January 1, 1977. This section shall not apply unless the other employer in a reciprocal system elected a similar provision, nor shall it apply to any contracting agency nor to the employees of any contracting agency unless that agency elected to be subject to the provisions of this section in its contract with the board on or before December 31, 2001. (Amended by Stats. 2001, Ch. 793, Sec. 4. Effective January 1, 2002.)
  7. 20370.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20370 - 20371] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )

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    This section defines several membership categories in the retirement system, including member, state member, local member, and school member.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20370 - 20371] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20370. (a) “Member” means an employee who has qualified for membership in this system and on whose behalf an employer has become obligated to pay contributions. (b) “State member” includes: (1) State miscellaneous members. (2) University members. (3) Patrol members. (4) State safety members. (5) State industrial members. (6) State peace officer/firefighter members. (7) National Guard members as defined in Section 20380.5. (c) “Local member” includes: (1) Local miscellaneous members. (2) Local safety members. (d) “School member” includes all employees within the jurisdiction of a school employer, other than local police officers, school safety members and members included in a risk pool. (Amended by Stats. 2007, Ch. 355, Sec. 9. Effective January 1, 2008.)
  8. 20371.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20370 - 20371] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section defines “member classification” as either miscellaneous member classification or safety member classification.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20370 - 20371] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20371. “Member classification” means either of the following: (a) Miscellaneous member classification, which includes state miscellaneous members, National Guard members, university members, local miscellaneous members, state industrial members, and school members. (b) Safety member classification, which includes patrol members, state peace officer/firefighter members, state safety members, and local safety members. (Amended by Stats. 2007, Ch. 355, Sec. 10. Effective January 1, 2008.)
  9. 20380.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Miscellaneous Member Classification [20380 - 20383] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section defines “State miscellaneous member” as members employed by the state and university, but not certain listed categories.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Miscellaneous Member Classification [20380 - 20383] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20380. “State miscellaneous member” includes all members employed by the state and university, except National Guard, industrial, patrol, state peace officer/firefighter, and state safety members. (Amended by Stats. 2007, Ch. 355, Sec. 11. Effective January 1, 2008.)
  10. 20380.5.

    ## 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 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Miscellaneous Member Classification [20380 - 20383] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A “National Guard member” is a person who elects to become a member of this system under Section 20326, and the part’s rules for state miscellaneous members generally apply to them unless otherwise 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 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Miscellaneous Member Classification [20380 - 20383] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20380.5. “National Guard member” means a person who elects to become a member of this system as described in Section 20326. Except as otherwise provided, the provisions of this part applicable to state miscellaneous members shall apply to National Guard members. (Added by Stats. 2007, Ch. 355, Sec. 12. Effective January 1, 2008.)
  11. 20381.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Miscellaneous Member Classification [20380 - 20383] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

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    “University member” means members who are employees of the university.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Miscellaneous Member Classification [20380 - 20383] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20381. “University member” includes all members who are employees of the university. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  12. 20382.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Miscellaneous Member Classification [20380 - 20383] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    “State industrial member” is defined to include certain specified state employees and board members, with 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 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Miscellaneous Member Classification [20380 - 20383] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20382. “State industrial member” includes all state employees appointed by the Governor or by the Director of Corrections or the Board of Prison Terms or the Department of the Youth Authority or the Youthful Offender Board and employed in the state prisons or facilities of the Department of Corrections or the Department of the Youth Authority, or employed in the Division of Adult Paroles as Chief, deputy chief agents, or officers, and all parole agents or officers appointed by the Board of Prison Terms under the State Civil Service Act, any parole agents or officers appointed by the Board of Trustees of the California Institution for Women, the members of the Board of Prison Terms, and the members of the Board of Trustees of the California Institution for Women except employees who are state safety members or state peace officer/firefighter members. Except as expressly otherwise provided, the provisions of this part applicable to state miscellaneous members apply to state industrial members. The provisions of this part providing industrial death and disability benefits to state industrial members shall also apply to any other state employee whose death or disability results from an injury which 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 subject to the same conditions prescribed by Section 20048. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  13. 20383.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Miscellaneous Member Classification [20380 - 20383] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section defines “local miscellaneous member” to include certain employees of county offices of education, school districts, community college districts, and contracting agencies, but not local safety 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 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Miscellaneous Member Classification [20380 - 20383] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20383. “Local miscellaneous member” includes all employees of a county office of education, school district, or community college district who are included in a risk pool and all employees of a contracting agency who have by contract been included within this system, except local safety members. (Amended by Stats. 2002, Ch. 1133, Sec. 6. Effective January 1, 2003.)
  14. 20390.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Safety Member Classification—State [20390 - 20416] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    “Patrol member” means certain California Highway Patrol or county highway patrol employees whose main duties are active law enforcement, with listed 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 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Safety Member Classification—State [20390 - 20416] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20390. (a) “Patrol member” includes all members employed in the Department of the California Highway Patrol or by a county in connection with its highway patrol function, respectively, whose principal duties consist of active law enforcement service, except those whose principal duties are those of a telephone operator, clerk, stenographer, machinist, mechanic, or otherwise clearly do not fall within the scope of active law enforcement service, even though the person is subject to occasional call, or is occasionally called upon, to perform duties within the scope of active law enforcement service. (b) “Patrol member” does not include employees of the Department of the California Highway Patrol who are designated as peace officers by the Commissioner of the California Highway Patrol under subdivision (a) of Section 2250.1 of the Vehicle Code. (Amended by Stats. 1996, Ch. 305, Sec. 31. Effective January 1, 1997.)
  15. 20391.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Safety Member Classification—State [20390 - 20416] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section defines who counts as a “State peace officer/firefighter member” and lets certain reclassified members file an irrevocable written election within 90 days to stay under prior retirement benefit and contribution 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 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Safety Member Classification—State [20390 - 20416] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20391. “State peace officer/firefighter member” means: (a) All persons in the Board of Parole Hearings, the Department of Consumer Affairs, the Department of Cannabis Control, the Department of Developmental Services, the Department of Health Care Services, the Department of Toxic Substances Control, the California Horse Racing Board, the Department of Industrial Relations, the Department of Insurance, the State Department of State Hospitals, the Department of Motor Vehicles, the Department of Social Services employed with the class title of Special Investigator (Class Code 8553), Senior Special Investigator (Class Code 8550), and Investigator Assistant (Class Code 8554) who have been designated as peace officers as defined in Sections 830.2 and 830.3 of the Penal Code. (b) All persons in the Department of Alcoholic Beverage Control employed with the class title Investigator Trainee, Alcoholic Beverage Control (Class Code 7553), Investigator I, Alcoholic Beverage Control, Range A and B (Class Code 7554), and Investigator II, Alcoholic Beverage Control (Class Code 7555) who have been designated as peace officers as defined in Sections 830.2 and 830.3 of the Penal Code. (c) All persons within the Department of Justice who are state employees as defined in subdivision (c) of Section 3513 and who have been designated as peace officers and performing investigative duties. (d) All persons in the Department of Parks and Recreation employed with the class title of Park Ranger (Intermittent) (Class Code 0984) who have been designated as peace officers as defined in Sections 830.2 and 830.3 of the Penal Code. (e) All persons in the Franchise Tax Board who have been designated as peace officers in subdivision (s) of Section 830.3 of the Penal Code. (f) A member who is employed in a position that is reclassified to state peace officer/firefighter pursuant to this section may make an irrevocable election in writing to remain subject to the service retirement benefit and the normal rate of contribution applicable prior to reclassification by filing a notice of election with the board within 90 days of notification by the board. A member who so elects shall be subject to the reduced benefit factors specified in Section 21353 or 21354.1, as applicable, only for service included in the federal system. (Amended by Stats. 2021, Ch. 70, Sec. 104. (AB 141) Effective July 12, 2021.)
  16. 20392.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Safety Member Classification—State [20390 - 20416] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Some reclassified members may choose in writing to keep the prior retirement benefit and contribution rate, but they must file the election notice with the board within 90 days after board notification.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Safety Member Classification—State [20390 - 20416] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20392. “State peace officer/firefighter member” also includes officers and employees with the following class titles: Class Code Classification 6875 Air Operations Officer I 1056 Air Operations Officer II 1053 Air Operations Officer III 6877 Air Operations Officer I (Maintenance) 6882 Air Operations Officer II (Maintenance) 1050 Air Operations Officer III (Maintenance) 8997 Arson and Bomb Investigator 9694 Board Coordinating Parole Agent, Youthful Offender Parole Board 9904 Correctional Counselor I 9903 Correctional Counselor II 9662 Correctional Officer 9911 Case Work Specialist, Youth Authority 9013 Deputy State Fire Marshal III (Specialist) 9086 Deputy State Fire Marshal 9010 Deputy State Fire Marshal III (Supervisor) 1077 Fire Apparatus Engineer 1095 Fire Captain 1072 Fire Control Aid 8979 Firefighter 1083 Firefighter I 1082 Firefighter II 9001 Firefighter (Correctional Institution) 8990 Firefighter/Security Officer 1047 Fire Prevention Officer I 1049 Fire Prevention Officer II 9090 Fire Service Training Specialist III 8418 Fish and Game Patrol, Lieutenant 8421 Fish and Game Warden, Department of Fish and Game 9039 Senior Food and Drug Investigator 9028 Food and Drug Program Specialist 9007 Food Technology Specialist 1060 Forestry Aid 1046 Forestry Pilot (Helicopter) 9579 Group Supervisor/Youth Correctional Officer 9578 Group Supervisor Trainee 6387 Heavy Fire Equipment Operator 1937 Hospital Peace Officer I 8416 Lieutenant Fish and Game Patrol Boat 0992 Lifeguard 8217 Medical Technical Assistant, Correctional Facility 1992 Museum Security Officer I 9701 Parole Agent I, Youth Authority 9765 Parole Agent I, Adult Parole 9696 Parole Agent II, Youth Authority (Specialist) 9763 Parole Agent II, Adult Parole (Supervisor) 9762 Patrol Agent II, Adult Parole (Specialist) 8215 Senior Medical Technical Assistant 8359 Sergeant, California State Police 8980 State Fire Marshal Trainee 9723 State Forest Ranger I (Nonsupervisory) 9724 State Forest Ranger II (Nonsupervisory) 0983 State Park Ranger I 8464 State Police Officer 8358 State Security Officer 8989 Captain Firefighter/Security Officer 8410 Warden–Pilot Department of Fish and Game 9581 Youth Counselor/Youth Correctional Counselor A member who is employed in a position that is reclassified to state peace officer/firefighter pursuant to this section may make an irrevocable election in writing to remain subject to the service retirement benefit and the normal rate of contribution applicable prior to reclassification by filing a notice of the election with the board within 90 days after notification by the board. A member who so elects shall be subject to the reduced benefit factors specified in Section 21353 or 21354.1, as applicable, only for service also included in the federal system. (Amended by Stats. 2001, Ch. 159, Sec. 112. Effective January 1, 2002.)
  17. 20393.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Safety Member Classification—State [20390 - 20416] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section defines which full-time permanent state employees are included in the “State peace officer/firefighter member” category, and lets any such person choose to keep prior retirement benefit and contribution terms by filing an irrevocable notice with the board within 90 days after notice.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Safety Member Classification—State [20390 - 20416] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20393. “State peace officer/firefighter member” also means: (a) All persons in the office of the Secretary of State, office of the Controller, and the Public Employees’ Retirement System employed on a full-time permanent basis with the class title of Special Investigator (Class Code 8553), Senior Special Investigator (Class Code 8550), and Investigator Assistant (Class Code 8554) who have been designated as peace officers as defined in Sections 830.2 and 830.3 of the Penal Code. (b) All persons employed on a full-time permanent basis with the class title of Corporations Investigator (Class Code 8570) or Associate Corporations Investigator (Class Code 8571) who have been designated as peace officers as defined in Sections 830.2 and 830.3 of the Penal Code. (c) All persons employed on a full-time permanent basis with the class title of Sergeant, State Fair Police (Class Code 1946), State Fair Police Officer (Class Code 1945), Lottery Agent (Class Code 8602), District Representative I and II, Division of Codes and Standards (Class Codes 8960 and 8958), Deputy Registrar of Contractors I and II (Class Codes 8793 and 8792), Polygraph Examiner, California Department of the Youth Authority (Class Code 8542), Community Services Consultant I (Class Code 9717), or Parole Service Associate (Class Code 9776) who have been designated as peace officers as defined in Sections 830.2, 830.3, and 830.5 of the Penal Code. (d) All persons employed on a full-time permanent basis with the class title of Forester I (Class Code 1054) and Forester II (Class Code 9721). Any person so designated may elect, within 90 days of notification by the board, to remain subject to the service retirement benefit and the normal rate of contribution applicable prior to the effective date that this section is applicable to the member by filing an irrevocable notice of election with the board. A member who so elects shall be subject to the reduced benefit factors specified in Section 21353 or 21354.1, as applicable, only for service also included in the federal system. (Amended by Stats. 1999, Ch. 555, Sec. 4. Effective January 1, 2000.)
  18. 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 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Safety Member Classification—State [20390 - 20416] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section says certain California State University police department employees are included in the “State peace officer/firefighter member” category if stated conditions are met, and the Trustees must notify the system when those conditions are met or stop being 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 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Safety Member Classification—State [20390 - 20416] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20394. “State peace officer/firefighter member” also includes the employees of a California State University police department, established pursuant to Section 89560 of the Education Code, who have been designated as peace officers as defined in Section 830.2 of the Penal Code, and who are (a) members represented by Public Safety Unit No. 8, or (b) members excluded from the definition of employee in Section 3562 or are supervisory employees as defined in Section 3580.3, provided that these employees have responsibility for the direct supervision of the state peace officer/firefighter members represented in Public Safety Unit No. 8. The Trustees of the California State University shall notify this system when employees meet these conditions and whenever a state peace officer/firefighter member ceases to meet the conditions. (Amended by Stats. 1999, Ch. 971, Sec. 5. Effective January 1, 2000.)
  19. 20395.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Safety Member Classification—State [20390 - 20416] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section defines “State peace officer/firefighter member” and lets certain reclassified members choose in writing to stay on the miscellaneous retirement benefit and contribution rate if they file notice within 90 days of board notification.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Safety Member Classification—State [20390 - 20416] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20395. “State peace officer/firefighter member” means all members who are full-time permanent employees represented in Corrections Unit No. 6, Protective Services and Public Safety Unit No. 7, and Firefighters Unit No. 8 and are employed in class titles that are designated as peace officer as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code or are firefighters whose principal duties consist of active firefighting/fire suppression. A member who is employed in a position that is reclassified from state miscellaneous to state peace officer/firefighter pursuant to this section, may make an irrevocable election in writing to remain subject to the miscellaneous service retirement benefit and the normal rate of contribution by filing a notice of the election with the board within 90 days of notification by the board. A member who so elects shall be subject to the reduced benefit factors specified in Section 21353 or 21354.1, as applicable, only for service also included in the federal system. (Amended by Stats. 2000, Ch. 402, Sec. 12. Effective September 11, 2000.)
  20. 20396.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Safety Member Classification—State [20390 - 20416] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section expands “State peace officer/firefighter member” to include certain California State University campus fire apparatus engineers, but only if a memorandum of understanding authorizes it and it is applied in accordance with that 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 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Safety Member Classification—State [20390 - 20416] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20396. (a) “State peace officer/firefighter member” also includes employees of the California State University who are campus fire apparatus engineers and who are members represented by Technical and Support Services Unit No. 9. (b) This section shall be operative with respect to the employees described in subdivision (a) only if authorized by, and in accordance with, a memorandum of understanding reached between the Trustees of the California State University and the recognized employee organization pursuant to the Higher Education Employer-Employee Relations Act Chapter 12 (commencing with Section 3560) of Division 4 of Title 1. (Amended by Stats. 1996, Ch. 906, Sec. 40. Effective January 1, 1997.)
  21. 20397.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Safety Member Classification—State [20390 - 20416] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section lets certain reclassified members choose in writing to stay on the miscellaneous service retirement benefit and contribution rate, but they must file notice with the board within 90 days after board notification.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Safety Member Classification—State [20390 - 20416] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20397. “State peace officer/firefighter member” also includes: (a) The Sergeants-at-Arms of each house of the Legislature who have been designated as peace officers in subdivision (a) of Section 830.36 of the Penal Code. (b) Bailiffs and security coordinators of the judicial branch who have been designated as peace officers in subdivision (b) of Section 830.36 of the Penal Code. A member who is reclassified from state miscellaneous to state peace officer/firefighter pursuant to this section may make an irrevocable election in writing to remain subject to the miscellaneous service retirement benefit and the normal rate of contribution by filing a notice of the election with the board within 90 days of notification by the board. A member who so elects shall be subject to the reduced benefit factors specified in Section 21353 or 21354.1, as applicable, only for service included in the federal system. (Amended by Stats. 2019, Ch. 364, Sec. 6. (SB 112) Effective September 27, 2019.)
  22. 20398.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Safety Member Classification—State [20390 - 20416] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section defines who counts as a “state peace officer/firefighter member,” excludes some job categories, and limits agency designation without prior approval from the Department of Human Resources.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Safety Member Classification—State [20390 - 20416] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20398. “State peace officer/firefighter member” also includes: (a) (1) State officers and employees designated as peace officers as defined in Sections 830.1, 830.2, 830.3, 830.38, 830.4, and 830.5 of the Penal Code, or a firefighter whose principal duties consist of active firefighting/fire suppression, who is either excluded from the definition of state employee in subdivision (c) of Section 3513 or is a nonelected officer or employee of the executive branch of government who is not a member of the civil service, if the majority of his or her duties consists of one of the following: (A) Responsibility for the direct supervision of state peace officer/firefighter personnel specified in Sections 20391, 20392, 20393, and 20395. (B) Conducting investigations or audits of investigatory practices and other audits of, or in, the Department of Corrections and Rehabilitation. (C) Administration of programs of an agency, department, or other organizational unit that is primarily responsible for active law enforcement or active firefighting/fire suppression. (2) For purposes of this subdivision, “administration” means the actions of the employee designated as a peace officer/firefighter member in a position that is in the direct chain of command over an agency, department, or organizational unit in which the majority of employees are state peace officer/firefighter members as described in Section 20391, 20392, 20393, or 20395. (b) “State peace officer/firefighter member” shall not include persons whose primary responsibilities are limited to personnel administration, budgeting, public affairs, data processing or information technology, governmental relations, or legal support, or administration or oversight of these responsibilities. (c) “State peace officer/firefighter member” shall include individuals hired prior to January 1, 2009, who do not meet the criteria in subdivision (a) if those individuals have been continuously employed in positions that were deemed to come within the “state peace officer/firefighter member” classification pursuant to this section prior to January 1, 2009. (d) “State peace officer/firefighter member” shall include individuals hired prior to April 1, 2011, or the first day of the first pay period following the enactment of the act that added this subdivision if that act is enacted after April 1, 2011, who do not meet the criteria in subdivision (a) if those individuals have been continuously employed in positions in the Office of the Inspector General that were deemed to come within the “state peace officer/firefighter member” classification pursuant to this section prior to April 1, 2011, or prior to the first day of the first pay period following the enactment of the act that added this subdivision if that act is enacted after April 1, 2011. (e) The Department of Human Resources shall annually determine which classes meet the conditions described in this section and are not classes specified in Sections 20391, 20392, 20393, and 20395, and report its findings to the Legislature and to this system, to be effective July 1 of each year. An agency or department shall not designate a classification as a “state peace officer/firefighter member” classification pursuant to this section without prior approval from the Department of Human Resources. (f) Members who are reclassified pursuant to this section may file an irrevocable election to remain subject to their prior retirement formula and the corresponding rate of contributions. The Secretary of the Department of Corrections and Rehabilitation may, upon appointment to that office on or after January 1, 1999, file an irrevocable election to be subject to the industrial formula and the corresponding rate of contributions. The elections shall be filed within 90 days of notification by the board. Members who so elect shall be subject to the reduced benefit factors specified in Section 21353 or 21354.1, as applicable, only for the service included in the federal system. (Amended by Stats. 2012, Ch. 665, Sec. 113. (SB 1308) Effective January 1, 2013.)
  23. 20399.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Safety Member Classification—State [20390 - 20416] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section defines who counts as a “State safety member” for Department of Fish and Game warden-service staff.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Safety Member Classification—State [20390 - 20416] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20399. “State safety member,” includes persons employed in the Department of Fish and Game in connection with its warden service, whose principal duties consist of active law enforcement service, including immediate supervision by persons employed to perform the duties performed under the titles of Chief and Assistant Chief of Warden Service, and Captain of Patrol Boats, except those whose principal duties are those of a telephone operator, clerk, stenographer, machinist, mechanic, assistant fish and game warden, or otherwise clearly do not fall within the scope of active law enforcement service, even though the person is subject to occasional call, or is occasionally called upon, to perform duties within the scope of active law enforcement. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  24. 204.

    ## 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 require people to perform services in listed public-duty situations, with or without compensation.

    ## 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. ) ## 204. The State may require services of persons, with or without compensation: In military duty; in jury duty; as witnesses; as town officers; in highway labor; in maintaining the public peace; in enforcing the service of process; in protecting life and property from fire, pestilence, wreck, and flood; and in other cases provided by statute. (Enacted by Stats. 1943, Ch. 134.)
  25. 20400.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Safety Member Classification—State [20390 - 20416] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section defines which Department of Forestry and Fire Protection employees are included as “state safety members,” and excludes clerical/other non-fire-suppression roles and civil engineers hired on or after January 1, 2000.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Safety Member Classification—State [20390 - 20416] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20400. (a) “State safety member” also includes members employed in the Department of Forestry and Fire Protection, whose principal duties consist of active fire suppression or supervision, including, but not limited to, members employed to perform duties now performed under the following titles: State Forester; all classes of State Forest Rangers; all classes of Deputy State Forester; all classes of fire prevention and law enforcement officers; all classes of Foresters; Fire Captain; all classes of Fire Crew Foreman; all classes of Forestry Trainees; all classes of forestry equipment and civil engineers; Forestry Superintendent, Conservation Camps; Fire Apparatus Engineer; Fireman, C.D.F.; Firefighter (Seasonal); Equipment Maintenance Foreman; Heavy Fire Equipment Operator. However, “state safety members” shall not include members employed in classes other than those set forth in this section whose principal duties are clerical or such as otherwise clearly do not fall within the scope of active fire suppression. (b) Notwithstanding subdivision (a), “state safety member” shall not include civil engineers hired by the Department of Forestry and Fire Protection on or after January 1, 2000. (Amended by Stats. 1999, Ch. 457, Sec. 11. Effective September 21, 1999.)
  26. 20401.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Safety Member Classification—State [20390 - 20416] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section defines who counts as a “state safety member” for the Department of Justice.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Safety Member Classification—State [20390 - 20416] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20401. “State safety member” means all persons within the Department of Justice designated as peace officers and performing investigative duties and whose principal duties consist of active law enforcement, but excluding clerical personnel or those whose principal duties are that of telephone operator, machinist, mechanic, security officer, or otherwise clearly not within the scope of active law enforcement, even though the person is subject to occasional call, or is occasionally called upon to perform duties within the scope of active law enforcement. (Amended by Stats. 1996, Ch. 305, Sec. 32. Effective January 1, 1997.)
  27. 20401.5.

    ## 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 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Safety Member Classification—State [20390 - 20416] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section classifies certain state prosecutors and state public defenders as state safety members, applies a specified benefit formula to them, and makes the employer pay any unfunded liability that results.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Safety Member Classification—State [20390 - 20416] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20401.5. (a) “State safety member” also includes state prosecutors and state public defenders. (b) For purposes of this part, “state prosecutor” means a state officer or employee who meets all of the following criteria: (1) He or she is employed by the Department of Justice, Office of the Attorney General. (2) His or her job classification is Chief Assistant Attorney General, Senior Assistant Attorney General, Supervising Deputy Attorney General, Deputy Attorney General, or any other similar classification or title. (3) His or her effective date of retirement is on or after the date the state employer and the bargaining unit elect to be subject to this section as provided in subdivision (f). (c) For purposes of this part, “state public defender” means a state officer or employee who meets all of the following criteria. (1) He or she is employed by the Office of the State Public Defender. (2) His or her job classification is State Public Defender, Senior Deputy State Public Defender, Supervising Deputy State Public Defender, Deputy State Public Defender, or any other similar classification or title. (3) His or her effective date of retirement is on or after the date the state employer and the bargaining unit elect to be subject to this section as provided in subdivision (f). (d) Past state miscellaneous service performed by a state prosecutor or state public defender who becomes a state safety member pursuant to this section shall be converted to state safety service if the past service was rendered in a position that has subsequently been reclassified as a state safety position pursuant to this section. Any unfunded liability resulting from this section shall be paid by the employer. (e) Notwithstanding any other provision of this part, state prosecutors and state public defenders shall be subject to the benefit formula contained in Section 21369.1, or any other benefit formula applicable to state safety members that does not provide benefits greater than those benefits provided under Section 21363.1. (f) This section does not apply to any officers or employees described in subdivision (b) or (c) who are members of State Bargaining Unit 2 unless and until the state employer and the bargaining unit elect to be subject to this section by amendment to or by express provision in a memorandum of understanding entered into between the parties. (g) This section does not apply to any officer or employee described in subdivision (b) or (c) who dies prior to the date the state employer and the bargaining unit elect to be subject to this section as provided in subdivision (f). (Added by Stats. 2002, Ch. 1152, Sec. 2. Effective January 1, 2003.)
  28. 20402.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Safety Member Classification—State [20390 - 20416] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section expands the meaning of “State safety member” to include certain former San Francisco Port Authority employees with active law enforcement duties and peace officer status, while excluding people whose duties were not clearly within active law enforcement.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Safety Member Classification—State [20390 - 20416] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20402. “State safety member” shall also include those persons while employed by the San Francisco Port Authority prior to their transfer to the San Francisco Port Commission whose principal duties consisted of active law enforcement and who were peace officers, as defined in former Section 830.35 of the Penal Code, as amended by Chapter 460 of the Statutes of 1979, but excluding any person whose principal duties did not clearly fall within the scope of active law enforcement even though the person is subject to occasional call, or is called upon occasionally, to perform duties within the scope of active law enforcement. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  29. 20403.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Safety Member Classification—State [20390 - 20416] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section defines additional people who count as “state safety 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 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Safety Member Classification—State [20390 - 20416] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20403. “State safety member” shall also include officers and employees in (a) the Department of Corrections and Rehabilitation employed to perform the duties now performed in positions with the following class titles: Deputy Director, Department of Corrections and Rehabilitation; Deputy Director, Institutions, Camps and Program Services Division; Deputy Director, Parole and Community Services; Warden; Warden—San Quentin; Superintendent II and III, Department of Corrections and Rehabilitation; Deputy Superintendent; Correctional Administrator; Program Administrator, Correctional Institution; all classes of Correctional Program Supervisor; Correctional Captain; Correctional Lieutenant; Correctional Sergeant; Correctional Officer; all classes of Women’s Correctional Supervisor; Assistant Deputy Director, Parole and Community Services; all classes of Parole Administrator, Adult Parole; all classes of Parole Agent, Adult Parole; Assistant Director, Investigations and Law Enforcement Liaison; Senior Special Agent; Special Agent; all classes of Women’s Parole Agent; Medical Facility Superintendent; Superintendent, California Institution for Women; all classes of Correctional Counselor; Chief and Assistant Chief Transportation Officer, (b) the Department of the Youth Authority employed to perform the duties now performed in positions with the following class titles: Director, Department of the Youth Authority; Chief, Division of Parole and Community Services; Deputy Chief, Division of Parole and Community Services; Program Administrator, Correctional School; Assistant Superintendent, Correctional School; all classes of Superintendent, Correctional School; Youth Authority Camp Superintendent; Assistant Superintendent, Youth Authority Camp; Chief, Division of Institutions; Treatment Team Supervisor; all classes of Transportation Officers, Youth Authority; Security Officer; all classes of Group Supervisors; all classes of Parole Agent, Youth Authority; all classes of Youth Counselor; Supervisor Community Treatment Programs; Correctional Casework Training Supervisor; Correctional Casework Trainee; all classes of Correctional Counselor, (c) the Board of Prison Terms employed to perform duties now performed in positions with the following class titles: all classes of Parole Agent; all classes of Correctional Counselor and the Chief of Investigation, (d) the Youthful Offender Parole Board employed to perform duties now performed in positions with the following class titles: all classes of Parole Agent, and (e) the California Correctional Training and Rehabilitation Authority employed to perform duties now performed in positions with the following class titles: Director; Deputy Director, Administration; Deputy Director, Marketing; and Deputy Director, Workforce Development. (Amended by Stats. 2025, Ch. 241, Sec. 14. (SB 857) Effective January 1, 2026.)
  30. 20404.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Safety Member Classification—State [20390 - 20416] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section expands the meaning of “state safety member” to include certain state college police department employees who meet specified competence standards, but it excludes Parking Officers and Campus Guards.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Safety Member Classification—State [20390 - 20416] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20404. Notwithstanding Section 20401 “state safety member” shall include persons employed as members of a state college police department who meet the minimum standards of competence established by the Commission on Peace Officer Standards and Training, pursuant to Chapter 1 (commencing with Section 13500) of Title 4 of Part 4 of the Penal Code, except those members employed under class titles of Parking Officer and Campus Guard. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  31. 20405.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Safety Member Classification—State [20390 - 20416] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section lists Department of Corrections and Rehabilitation job classifications that count as state safety members, allows some later-added related classifications to be included if approved, and lets certain affected members elect to return to state industrial member status within 90 days after notice.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Safety Member Classification—State [20390 - 20416] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20405. (a) “State safety member” shall also include officers and employees of the Department of Corrections and Rehabilitation in the following classifications: Classification Code Classification 0683 Assistant Dairy Operator 2156 Assistant Food Manager (Correctional Facility) 4302 Assistant General Manager, Operations 2080 Assistant Seamer (Correctional Facility) 5447 Assistant Warden, Psychiatric Services, Correctional Facility 6868 Automobile Mechanic (Correctional Facility) 6394 Automotive Equipment Operator I (Correctional Facility) 6392 Automotive Equipment Operator II (Correctional Facility) 6893 Automotive Pool Manager I (Correctional Facility) 2224 Baker I (Correctional Facility) 2221 Baker II (Correctional Facility) 2086 Barber (Correctional Facility) 2084 Barbershop Manager (Correctional Facility) 6216 Building Maintenance Worker (Correctional Facility) 2245 Butcher–Meat Cutter II (Correctional Facility) 6483 Carpenter I (Correctional Facility) 6474 Carpenter II (Correctional Facility) 6471 Carpenter III (Correctional Facility) 2015 Chief Assistant General Manager, Prison Industries 4110 Chief, Day Labor Programs (Correctional Facility) 9344 Chief Dentist, Correctional Facility 2578 Chief Deputy, Clinical Services, Correctional Facility 6699 Chief Engineer I (Correctional Facility) 7547 Chief Medical Officer, Correctional Facility 6754 Chief of Plant Operation I (Correctional Facility) 6751 Chief of Plant Operation II (Correctional Facility) 6748 Chief of Plant Operation III (Correctional Facility) 9267 Chief Physician and Surgeon, Correctional Facility 7612 Chief Psychiatrist, Correctional Facility 9859 Chief Psychologist, Correctional Facility 7146 Chief, Quality Assurance, Prison Industries 9279 Clinical Dietician, Correctional Facility 9293 Clinical Laboratory Technologist, Correctional Facility 4132 Construction Supervisor (Correctional Facility) 4107 Construction Supervisor I (Correctional Facility) 4108 Construction Supervisor II (Correctional Facility) 4109 Construction Supervisor III (Correctional Facility) 2187 Cook I (Correctional Facility) 2186 Cook II (Correctional Facility) 7208 Correctional Business Manager I, Department of Corrections 4744 Correctional Business Manager II, Department of Corrections 4910 Correctional Health Services Administrator I, Correctional Facility 4912 Correctional Health Services Administrator II, Correctional Facility 6304 Correctional Plant Manager I, Department of Corrections 6305 Correctional Plant Manager II, Department of Corrections 6303 Correctional Plant Supervisor, Department of Corrections 9296 Dental Assistant, Correctional Facility 9298 Dental Hygienist, Correctional Facility 9299 Dental Laboratory Technician, Correctional Facility 9268 Dentist, Correctional Facility 7200 Dry Cleaning Plant Supervisor 6544 Electrician I (Correctional Facility) 6538 Electrician II (Correctional Facility) 6534 Electrician III (Correctional Facility) 6916 Electronics Technician (Correctional Facility) 6865 Equipment Maintenance Supervisor (Correctional Facility) 2153 Food Administrator I (Correctional Facility) 2147 Food Administrator II (Correctional Facility) 2150 Food Manager (Correctional Facility) 2196 Food Service Worker I (Correctional Facility) 2195 Food Service Worker II (Correctional Facility) 6955 Fusion Welder (Correctional Facility) 6628 Glazier (Correctional Facility) 0743 Groundskeeper (Correctional Facility) 6826 Heavy Equipment Mechanic (Correctional Facility) 6379 Heavy Truck Driver (Correctional Facility) 9307 Hospital Aid, Correctional Facility 7218 Industrial Supervisor, Prison Industries (Bindery) 0648 Industrial Supervisor, Prison Industries (Crop Farm) 0682 Industrial Supervisor, Prison Industries (Dairy) 7204 Industrial Supervisor, Prison Industries (Dental Laboratory) 7198 Industrial Supervisor, Prison Industries (Fabric Products) 7211 Industrial Supervisor, Prison Industries (Knit Goods Finishing) 7210 Industrial Supervisor, Prison Industries (Knitting Mill) 2109 Industrial Supervisor, Prison Industries (Laundry) 7215 Industrial Supervisor, Prison Industries (Maintenance and Repair) 7197 Industrial Supervisor, Prison Industries (Mattress and Bedding) 7191 Industrial Supervisor, Prison Industries (Metal Fabrication) 7216 Industrial Supervisor, Prison Industries (Printing) 7207 Industrial Supervisor, Prison Industries (Shoe Manufacturing) 7206 Industrial Supervisor, Prison Industries (Shoes and Boots, Lasting to Packing) 7321 Industrial Supervisor, Prison Industries (Silkscreen) 7192 Industrial Supervisor, Prison Industries (Tool and Die) 7179 Industrial Supervisor, Prison Industries (Upholstery) 7178 Industrial Supervisor, Prison Industries (Wood Products) 2006 Janitor (Correctional Facility) 2005 Janitor Supervisor I (Correctional Facility) 2004 Janitor Supervisor II (Correctional Facility) 2000 Janitor Supervisor III (Correctional Facility) 9265 Laboratory Assistant, Correctional Facility 2727 Language, Speech and Hearing Specialist 2114 Laundry Supervisor I (Correctional Facility) 2111 Laundry Supervisor II (Correctional Facility) 2117 Laundry Worker (Correctional Facility) 6867 Lead Automobile Mechanic (Correctional Facility) 0720 Lead Groundskeeper (Correctional Facility) 0718 Lead Groundskeeper I (Correctional Facility) 2952 Librarian (Correctional Facility) 6643 Locksmith I (Correctional Facility) 6801 Machinist (Correctional Facility) 6941 Maintenance Mechanic (Correctional Facility) 6617 Mason (Correctional Facility) 1508 Materials and Stores Supervisor I (Correctional Facility) 1505 Materials and Stores Supervisor II (Correctional Facility) 8217 Medical Technical Assistant, Correctional Facility 9273 Nurse Anesthetist, Correctional Facility 9353 Nurse Instructor, Correctional Facility 9278 Nurse Practitioner, Correctional Facility 9280 Occupational Therapist, Correctional Facility 7971 Optometrist, Correctional Facility 6528 Painter I (Correctional Facility) 6524 Painter II (Correctional Facility) 6521 Painter III (Correctional Facility) 7199 Pest Control Technician (Correctional Facility) 9281 Physical Therapist I, Correctional Facility 9342 Physical Therapist II, Correctional Facility 9269 Physician and Surgeon, Correctional Facility 6550 Plumber I (Correctional Facility) 6594 Plumber II (Correctional Facility) 6545 Plumber III (Correctional Facility) 7972 Podiatrist (Correctional Facility) 1575 Prison Canteen Manager I 1576 Prison Canteen Manager II 7158 Prison Industries Administrator 7157 Prison Industries Manager (General) 7164 Prison Industries Manager (Metal Products) 7165 Prison Industries Manager (Textile Products) 7163 Prison Industries Manager (Wood Products) 0679 Prison Industries Superintendent I (Agriculture) 0617 Prison Industries Superintendent II (Agriculture) 7217 Prison Industries Superintendent II (Bindery) 7109 Prison Industries Superintendent I (Coffee Roasting and Grinding) 7203 Prison Industries Superintendent I (Dental Laboratory) 7202 Prison Industries Superintendent II (Dental Laboratory) 7170 Prison Industries Superintendent II (Detergent) 7350 Prison Industries Superintendent I (Egg Production) 7194 Prison Industries Superintendent I (Fabric Products) 7195 Prison Industries Superintendent II (Fabric Products) 7351 Prison Industries Superintendent I (Fiberglass Products) 7352 Prison Industries Superintendent I (Furniture Refurbishing) 7209 Prison Industries Superintendent II (Knitting Mill) 2108 Prison Industries Superintendent II (Laundry) 7154 Prison Industries Superintendent II (Maintenance and Repair) 7196 Prison Industries Superintendent II (Mattress and Bedding) 7189 Prison Industries Superintendent I (Metal Products) 7190 Prison Industries Superintendent II (Metal Products) 7214 Prison Industries Superintendent II (Printing) 7205 Prison Industries Superintendent II (Shoe Manufacturing) 7320 Prison Industries Superintendent I (Silkscreen) 7319 Prison Industries Superintendent II (Silkscreen) 7175 Prison Industries Superintendent I (Wood Products) 7172 Prison Industries Superintendent II (Wood Products) 4760 Procurement and Services Officer I (Correctional Facility) 4761 Procurement and Services Officer II (Correctional Facility) 7162 Product Engineering Technician, Prison Industries 7156 Production Manager I, Prison Industries 1793 Property Controller I (Correctional Facility) 1794 Property Controller II (Correctional Facility) 9282 Psychiatric Social Worker, Correctional Facility 9283 Psychologist–Clinical, Correctional Facility 9284 Psychology Associate, Correctional Facility 9354 Psychology Internship Director, Correctional Facility 9285 Psychometrist, Correctional Facility 9274 Public Health Nurse I, Correctional Facility 9345 Public Health Nurse II, Correctional Facility 7145 Quality Assurance Manager, Prison Industries 3080 Quality Control Technician, Prison Industries (Cleaning Products) 9315 Radiologic Technologist, Correctional Facility 9286 Recreation Therapist, Correctional Facility 6715 Refrigeration Engineer (Correctional Facility) 9275 Registered Nurse, Correctional Facility 2734 Resource Specialist, Special Education 9316 Respiratory Care Practitioner, Correctional Facility 9854 School Psychologist 2077 Seamer (Correctional Facility) 9348 Senior Clinical Laboratory Technologist, Correctional Facility 9266 Senior Laboratory Assistant, Correctional Facility 2945 Senior Librarian (Correctional Facility) 8215 Senior Medical Technical Assistant 9346 Senior Occupational Therapist, Correctional Facility 9270 Senior Psychiatrist, Correctional Facility (Specialist) 9271 Senior Psychiatrist, Correctional Facility (Supervisor) 9289 Senior Psychologist, Correctional Facility 9287 Senior Psychologist, Correctional Facility (Specialist) 9288 Senior Psychologist, Correctional Facility (Supervisor) 9350 Senior Radiologic Technologist, Correctional Facility (Specialist) 9351 Senior Radiologic Technologist, Correctional Facility (Supervisor) 7562 Sheet Metal Worker (Correctional Facility) 6211 Skilled Laborer (Correctional Facility) 9911 Social Worker, Youth Authority 9272 Staff Psychiatrist, Correctional Facility 9290 Staff Psychologist-Clinical, Correctional Facility 6713 Stationary Engineer (Correctional Facility) 6718 Stationary Engineer Apprentice (Four-Year Program) (Correctional Facility) 6557 Steamfitter Supervisor (Correctional Facility) 3082 Substitute Academic Teacher (Correctional Facility) 9349 Supervising Clinical Laboratory Technologist, Correctional Facility 2183 Supervising Cook I (Correctional Facility) 2182 Supervising Cook II (Correctional Facility) 0716 Supervising Groundskeeper II (Correctional Facility) 2044 Supervising Housekeeper I (Correctional Facility) 2940 Supervising Librarian (Correctional Facility) 9276 Supervising Psychiatric Nurse, Correctional Facility 9291 Supervising Psychiatric Social Worker I, Correctional Facility 9292 Supervising Psychiatric Social Worker II, Correctional Facility 9317 Supervising Registered Nurse I, Correctional Facility 9318 Supervising Registered Nurse II, Correctional Facility 9319 Supervising Registered Nurse III, Correctional Facility 9910 Supervising Social Worker I, Youth Authority 9908 Supervising Social Worker II, Youth Authority 2305 Supervisor of Academic Instruction (Correctional Facility) 6763 Supervisor of Building Trades (Correctional Facility) 2384 Supervisor of Commercial Diver Training 2303 Supervisor of Correctional Education Programs 2370 Supervisor of Vocational Instruction 9277 Surgical Nurse I, Correctional Facility 9329 Surgical Nurse II, Correctional Facility 3073 Teacher (Adaptive Physical Education) (Correctional Facility) 2286 Teacher (Cerebral Palsied Children) (Correctional Facility) 2287 Teacher (Elementary-Multiple Subjects) (Correctional Facility) 2288 Teacher (Emotionally/Learning Handicapped) (Correctional Facility) 3075 Teacher (English Language Development) (Correctional Facility) 2297 Teacher (Ethnic Studies) (Correctional Facility) 2289 Teacher (Family Life Education) (Correctional Facility) 2373 Teacher (Hearing Impaired) (Correctional Facility) 2284 Teacher (High School-Arts and Crafts) (Correctional Facility) 2285 Teacher (High School-Business Education) (Correctional Facility) 3074 Teacher (High School-English/Language Arts) (Correctional Facility) 3076 Teacher (High School-Foreign Language) (Correctional Facility) 2290 Teacher (High School-General Education) (Correctional Facility) 2291 Teacher (High School-Home Economics) (Correctional Facility) 3077 Teacher (High School-Mathematics) (Correctional Facility) 2294 Teacher (High School-Music) (Correctional Facility) 2295 Teacher (High School-Physical Education) (Correctional Facility) 3078 Teacher (High School-Science) (Correctional Facility) 3079 Teacher (High School-Social Science) (Correctional Facility) 2298 Teacher (Librarian) (Correctional Facility) 2292 Teacher (Children with Intellectual or Developmental Disabilities) (Correctional Facility) 2371 Teacher (Speech Development and Correction) (Correctional Facility) 6400 Teaching Assistant (Correctional Facility) 7201 Tobacco Factory Superintendent 7560 Tractor Operator-Laborer (Correctional Facility) 6382 Truck Driver (Correctional Facility) 6772 Utility Shops Supervisor (Correctional Facility) 2387 Vocational Instructor (Airframe Mechanics) (Correctional Facility) 2853 Vocational Instructor (Animal Husbandry) (Correctional Facility) 2396 Vocational Instructor (Auto Body and Fender Repair) (Correctional Facility) 2398 Vocational Instructor (Auto Mechanics) (Correctional Facility) 2399 Vocational Instructor (Baking) (Correctional Facility) 2400 Vocational Instructor (Bookbinding) (Correctional Facility) 2854 Vocational Instructor (Building Maintenance) (Correctional Facility) 2417 Vocational Instructor (Carpentry) (Correctional Facility) 2419 Vocational Instructor (Commercial Diver Training) (Correctional Facility) 2855 Vocational Instructor (Computer and Related Technologies) (Correctional Facility) 2420 Vocational Instructor (Cosmetology) (Correctional Facility) 2422 Vocational Instructor (Culinary Arts) (Correctional Facility) 2869 Vocational Instructor (Dental Technology) (Correctional Facility) 2856 Vocational Instructor (Diesel Mechanics) (Correctional Facility) 2423 Vocational Instructor (Dog Grooming and Handling) (Correctional Facility) 2425 Vocational Instructor (Drycleaning Works) (Correctional Facility) 2857 Vocational Instructor (Drywall Installer/Taper) (Correctional Facility) 2426 Vocational Instructor (Electrical Work) (Correctional Facility) 2428 Vocational Instructor (Electronics) (Correctional Facility) 2688 Vocational Instructor (Eyewear Manufacturing) (Correctional Facility) 2429 Vocational Instructor (Fire Science) (Correctional Facility) 2858 Vocational Instructor (Floor Cover Layer) (Correctional Facility) 2431 Vocational Instructor (Furniture Refinishing and Repair) (Correctional Facility) 2432 Vocational Instructor (Garment Making) (Correctional Facility) 2433 Vocational Instructor (Heavy Equipment Repair) (Correctional Facility) 2597 Vocational Instructor (Household Appliance Repair) (Correctional Facility) 2598 Vocational Instructor (Industrial Arts) (Correctional Facility) 2599 Vocational Instructor (Instrument Repair) (Correctional Facility) 2600 Vocational Instructor (Janitorial Service) (Correctional Facility) 2601 Vocational Instructor (Landscape Gardening) (Correctional Facility) 2611 Vocational Instructor (Laundry Work) (Correctional Facility) 2614 Vocational Instructor (Machine Shop Practice) (Correctional Facility) 2615 Vocational Instructor (Masonry) (Correctional Facility) 2619 Vocational Instructor (Meat Cutting) (Correctional Facility) 2627 Vocational Instructor (Mechanical Drawing) (Correctional Facility) 2628 Vocational Instructor (Merchandising) (Correctional Facility) 2630 Vocational Instructor (Mill and Cabinet Work) (Correctional Facility) 2674 Vocational Instructor (Office Machine Repair) (Correctional Facility) 2849 Vocational Instructor (Office Services and Related Technologies) (Correctional Facility) 2640 Vocational Instructor (Offset Printing) (Correctional Facility) 2644 Vocational Instructor (Painting) (Correctional Facility) 2645 Vocational Instructor (Plastering) (Correctional Facility) 2661 Vocational Instructor (Plumbing) (Correctional Facility) 2665 Vocational Instructor (Powerplant Mechanics) (Correctional Facility) 2666 Vocational Instructor (Printing) (Correctional Facility) 2667 Vocational Instructor (Radiologic Technology) (Correctional Facility) 2668 Vocational Instructor (Refrigeration and Air-conditioning Repair) (Correctional Facility) 2850 Vocational Instructor (Roofer) (Correctional Facility) 2669 Vocational Instructor (Sewing Machine Repair) (Correctional Facility) 2670 Vocational Instructor (Sheet Metal Work) (Correctional Facility) 2671 Vocational Instructor (Shoemaking) (Correctional Facility) 2672 Vocational Instructor (Silk Screening Process) (Correctional Facility) 2851 Vocational Instructor (Small Engine Repair) (Correctional Facility) 2673 Vocational Instructor (Storekeeping and Warehousing) (Correctional Facility) 5415 Vocational Instructor (Telemarketing/Customer Service) (Correctional Facility) 2675 Vocational Instructor (Upholstering) (Correctional Facility) 2676 Vocational Instructor (Vocational Nursing) (Correctional Facility) 2677 Vocational Instructor (Welding) (Correctional Facility) 1504 Warehouse Manager I (Correctional Facility) 1502 Warehouse Manager II (Correctional Facility) 6221 Warehouse Worker (Correctional Facility) 6724 Water and Sewage Plant Supervisor (Correctional Facility) 2311 Youth Authority Teacher (b) In addition, “state safety member” shall also include officers and employees of the Department of Corrections and Rehabilitation in any classification of Vocational Instructor, Industrial Supervisor, Industrial Superintendent, Assistant Industrial Superintendent, or Production Manager II (Prison Industries) that is established on or after January 1, 1984, if the Department of Human Resources and the State Personnel Board approve the inclusion of the classification. (c) “State safety member” shall also include officers and employees in parenthetical specialty classes when the core class has already been expressly included in the state safety membership category if the Department of Human Resources and the State Personnel Board approve the inclusion of the classifications. The inclusion shall not be effective until notice of the inclusion has been received by the board. (d) Any of these officers or employees in employment on the operative date of an amendment to this section and who becomes a state safety member as a result of that amendment, may elect by a writing filed with the board prior to 90 days after notification by the board, to be restored to their previous status as a state industrial member. Upon the filing of the election the member shall cease to be a state safety member, and their rights and obligations shall be restored prospectively and retroactively to the operative date of that amendment. (Amended by Stats. 2023, Ch. 797, Sec. 3. (AB 248) Effective January 1, 2024.)
  32. 20405.1.

    ## 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 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Safety Member Classification—State [20390 - 20416] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section sets who can be treated as a state safety member and gives the Department of Human Resources notice, reporting, and timing duties.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Safety Member Classification—State [20390 - 20416] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20405.1. Notwithstanding Section 20405, this section shall apply to state employees in state bargaining units that have agreed to these provisions in a memorandum of understanding between the state employer and the recognized employee organization, as defined in Section 3513, state employees who are excluded from the definition of “state employee” by subdivision (c) of Section 3513, and officers or employees of the executive branch of state government who are not members of the civil service. (a) On and after the effective date of this section, state safety members shall also include officers and employees whose classifications or positions are found to meet the state safety criteria prescribed in Section 19816.20, provided the Department of Human Resources agrees to their inclusion, and officers and employees whose classifications or positions have been designated as subject to state safety membership pursuant to Section 19816.21. For employees covered by a collective bargaining agreement, the effective date of safety membership shall be the date on which the department and the employees’ exclusive representative reach agreement by memorandum of understanding pursuant to Section 3517.5 or any later date specified in the memorandum of understanding. For employees not covered by a collective bargaining agreement, the Department of Human Resources shall determine the effective date of safety membership. (b) The department shall notify the board as new classes or positions become eligible for state safety membership, as specified in subdivision (a), and specify how service prior to the effective date shall be credited. (c) The department shall prepare and submit to the Legislature an annual report that contains the classes or positions that are eligible for state safety membership under this section. (d) Any person designated as a state safety member pursuant to this section may elect, within 90 days of notification by the board, to remain subject to the miscellaneous or industrial service retirement benefit and contribution rate by filing an irrevocable election with the board. A member who so elects shall be subject to the reduced benefit factors specified in Section 21076, 21353, or 21354.1, as applicable, only for service also included in the federal system. (Amended by Stats. 2012, Ch. 665, Sec. 115. (SB 1308) Effective January 1, 2013.)
  33. 20405.2.

    ## 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 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Safety Member Classification—State [20390 - 20416] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A qualifying member may choose the state safety formula within 90 days after board notification, the election must be filed with the board, and past service is credited under the safety formula.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Safety Member Classification—State [20390 - 20416] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20405.2. A member who made the election to remain under the miscellaneous or industrial retirement benefit, as provided in Section 20405.1, may elect to be subject to the state safety formula within 90 days of notification by the board. The election, which shall be provided by the board on and after January 1, 2000, shall be filed with the board. Past service that would have been credited as a safety member, but for the member’s election to remain under the miscellaneous or industrial formula, shall be credited under the safety formula. This section shall apply to state employees in state bargaining units that have agreed to this provision in a memorandum of understanding, or authorized by the Director of Human Resources for classifications of state employees that are excluded from the definition of state employee by paragraph (c) of Section 3513. (Amended by Stats. 2012, Ch. 665, Sec. 116. (SB 1308) Effective January 1, 2013.)
  34. 20405.3.

    ## 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 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Safety Member Classification—State [20390 - 20416] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Certain Department of Corrections and Rehabilitation employees may choose state safety membership, and the election must be filed 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 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Safety Member Classification—State [20390 - 20416] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20405.3. (a) A member who is an employee of the Department of Corrections and Rehabilitation, who made the election to remain under the state industrial membership classification, as provided in subdivision (d) of Section 20405, may elect to be subject to state safety membership within 90 days of notification by the board, if the employee is in any of the following classifications: (1) Dentist, Correctional Facility. (2) Physician and Surgeon, Correctional Facility. (3) Staff Psychiatrist, Correctional Facility. (4) Podiatrist, Correctional Facility. (b) The election, which shall be provided by the board on and after January 1, 2002, shall be filed with the board. Past service that would have been credited as a state safety member, but for the member’s election to remain under the state industrial formula, shall be credited as safety service. (c) This section shall apply to state employees in State Bargaining Unit 16 and, if authorized by the Director of Human Resources, state employees that are excluded from the definition of “state employee” by paragraph (c) of Section 3513. (Amended by Stats. 2012, Ch. 665, Sec. 117. (SB 1308) Effective January 1, 2013.)
  35. 20406.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Safety Member Classification—State [20390 - 20416] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section says who counts as a “state safety member” for certain state lifeguard workers.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Safety Member Classification—State [20390 - 20416] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20406. “State safety member” also includes persons employed by the state to perform lifeguard services and whose principal duties consist of active protection, rescue, and rendition of aid or assistance to persons injured or imperiled at beaches and lakes, streams, dams, reservoirs, or other bodies of open water, but not including swimming pools, and including members employed to perform duties performed under the titles of “District Aquatic Supervisor,” “Lifeguard Supervisor,” and “Lifeguard” or equivalent successor classes, some of which (including the maintenance of peace and order and the apprehension of law violators) are customarily performed by police or peace officers, and whose other duties (such as resuscitation work involving the use of special equipment in cases having no connection with their principal duties) that in other areas are customarily performed by firemen, and other and further duties that do not come directly within any of the above classifications but are essential to the safety and security of the public, other than persons employed under those titles on a seasonal basis, but excluding clerical, maintenance personnel, and others who do not fall within the scope of active lifeguarding or lifesaving services as described in this section even though those persons are subject to occasional call or are occasionally called upon to perform duties within the scope of active lifeguarding or lifesaving. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  36. 20407.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Safety Member Classification—State [20390 - 20416] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section expands who counts as a state safety member and lets certain designated people elect to stay under the miscellaneous service retirement benefit and contribution rate.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Safety Member Classification—State [20390 - 20416] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20407. “State safety member” also includes officers and employees with the State Department of State Hospitals and the Department of Corrections and Rehabilitation in the following classifications: Classification Code Classification Title 8254 Prelicensed Psychiatric Technician _____ (forensic facility) 8253 Psychiatric Technician _____ (forensic facility) 8252 Senior Psychiatric Technician _____ (forensic facility) 8212 Nurse Practitioner _____ (forensic facility) 8160 Health Services Specialist _____ (forensic facility) 7601 Program Director-Medical _____ (forensic facility) “State safety member” also includes an officer or employee of the State Department of State Hospitals at Patton State Hospital or Atascadero State Hospital, the State Department of State Hospitals Psychiatric Program of California Medical Facility at Vacaville, or any other state hospital that is deemed a forensic facility, who either is excluded from the definition of state employee in subdivision (c) of Section 3513 or is a nonelected officer or employee of the executive branch of government who is not a member of the civil service. An officer or employee may be a state safety member under this paragraph only if the person has responsibility for the direct supervision of state safety personnel specified in the classifications listed in this section and if the State Personnel Board determines that these officers and employees meet the state safety membership criteria established pursuant to Section 18717. The Department of Human Resources shall determine which classes meet the above conditions and report its findings to the Public Employees’ Retirement System, whereupon the change in membership categories shall take effect. Any person so designated pursuant to this section may elect, within 90 days of notification by the board, to remain subject to the miscellaneous service retirement benefit and contribution rate by filing an irrevocable notice of election with the board. A member who so elects shall be subject to the reduced benefit factors specified in Section 21353 or 21354.1, as applicable, only for service also included in the federal system. (Amended by Stats. 2012, Ch. 440, Sec. 27. (AB 1488) Effective September 22, 2012.)
  37. 20407.5.

    ## 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 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Safety Member Classification—State [20390 - 20416] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Some eligible state safety members may elect to switch to the state safety service retirement benefit and contribution rate, and the election must be filed with the board within 90 days after board notification.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Safety Member Classification—State [20390 - 20416] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20407.5. (a) Notwithstanding Section 20407, any person designated as a state safety member pursuant to Section 20407 who elected to remain subject to the miscellaneous service retirement benefit and contribution rate as provided in that section may elect instead to be subject to the state safety service retirement benefit and contribution rate. (b) This section shall apply to those officers and employees of the State Department of State Hospitals described in Section 20407 who are represented by State Bargaining Unit 18 and who became safety members effective January 1, 1998, when the Napa State Hospital and the Metropolitan State Hospital were designated as forensic facilities. (c) This section shall also apply to any member who is excluded from the definition of state employee in subdivision (c) of Section 3513 and who is directly associated with employees represented by State Bargaining Unit 18. (d) The election provided under this section shall be filed with the board by the member within 90 days after notification by the board that the member has the right to elect to be subject to the state safety member service retirement formula and contribution rates. If the election is not made by the member, he or she shall remain subject to the miscellaneous service retirement benefit and contribution rate. (Amended by Stats. 2012, Ch. 440, Sec. 28. (AB 1488) Effective September 22, 2012.)
  38. 20408.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Safety Member Classification—State [20390 - 20416] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section adds certain state hospital and forestry/fire protection employees to the “state safety member” category if they meet listed conditions, and it directs the Department of Human Resources to identify qualifying classes and report 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 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Safety Member Classification—State [20390 - 20416] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20408. “State safety member” also includes officers and employees with the State Department of State Hospitals or the Department of Forestry and Fire Protection in the following classifications: Classification Code Classification Title 2860 Audio Visual Assistant (Correctional Facility) 2861 Audio Visual Specialist (Correctional Facility) 8094 Registered Nurse (Forensic Facility) “State safety member” also includes an officer or employee of the State Department of State Hospitals at Patton State Hospital or Atascadero State Hospital, who either is excluded from the definition of state employee in subdivision (c) of Section 3513, or is a nonelected officer or employee of the executive branch of government who is not a member of the civil service. An officer or employee may be a state safety member under this paragraph only if the person has responsibility for the supervision of state safety personnel specified in the classifications listed in this section and if the State Personnel Board determines that these officers and employees meet the state safety membership criteria established pursuant to Section 18717. The Department of Human Resources shall determine which classes meet the above conditions and report its findings to this system, whereupon the change in membership categories shall take effect. (Amended by Stats. 2012, Ch. 440, Sec. 29. (AB 1488) Effective September 22, 2012.)
  39. 20409.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Safety Member Classification—State [20390 - 20416] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section includes certain listed state officers and employees as “state safety members,” allows covered employees to elect miscellaneous service retirement treatment within a set time, and delays application until the required federal ruling or regulation is issued.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Safety Member Classification—State [20390 - 20416] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20409. (a) “State safety member” shall also include officers and employees of the following departments with the following class titles: Class Code Classification Department 8330 Aircraft Pilot, Depart­ment of Justice Justice 8997 Arson and Bomb Investigator Fire Marshal 9027 Assistant Chief, Food and Drug Section Health Services 8609 Chief, Bureau of Fraudulent Claims, Department of Insurance Insurance 8610 Chief, Division of Investigations, Department of Consumer Affairs Consumer Affairs 8988 Chief Firefighter/Security Guard Veterans Affairs 9030 Chief, Food and Drug Section Health Services 8613 Chief, Investigation Bureau, Department of Health Services Health Services 1986 Chief Museum Security Officer Museum of Science and Industry 8673 Deputy Division Chief, Alcoholic Beverage Control Alcoholic Beverage Control 8677 District Administrator, Alcoholic Beverage Control Alcoholic Beverage Control 8990 Firefighter/Security Guard ­Veterans Affairs 8966 Division Chief, California State Fire Marshal Fire Marshal 9090 Fire Service Training Specialist III Fire Marshal 9091 Fire Service Training Supervisor Fire Marshal 9028 Food and Drug Program Coordinator Health Services 9029 Food and Drug Regional Administrator Health Services 9042 Food and Drug Specialist II Health Services 9039 Food and Drug Specialist III Health Services 9036 Food and Drug Specialist IV Health Services 9043 Food and Drug Trainee Health Services 9007 Food Technology Specialist Health Services 1937 Hospital Peace Officer I Developmental Services, Mental Health, Consumer Affairs 1936 Hospital Peace Officer II Developmental Services, Mental Health, Consumer Affairs 1935 Hospital Peace Officer III Developmental Services, Mental Health 1992 Museum Security Officer Museum of Science and Industry 0891 Park Safety and Enforcement Supervisor Parks and Recreation 0890 Park Safety and Enforcement Specialist Parks and Recreation 8358 State Security Officer General Services 8999 Chief Arson and Bomb Investigator Fire Marshal 8989 Supervising Firefighter/Security Guard Veterans Affairs 1988 Supervising Museum Security Officer Museum of Science and Industry 8678­ Supervising Special Investigator, Alcoholic Beverage Control Alcoholic Beverage Control (b) Any person employed in the classifications described in subdivision (a) in the department indicated may elect, within 90 days of September 27, 1982, to remain subject to the miscellaneous service retirement benefit by filing an irrevocable notice of election with the board. A member who so elects shall be subject to the reduced benefit factors specified in Section 21353 or 21354.1, as applicable, only for service also included in the federal system. (c) This section shall not become applicable to any member included in a classification until a ruling or regulation authorizing the inclusion of persons employed in that classification within the definition of “policeman” or “fireman,” or both, is issued by the federal agency for purposes of Section 418(d)(5)(A) of Title 42 of the United States Code. (Amended by Stats. 1999, Ch. 555, Sec. 11. Effective January 1, 2000.)
  40. 20410.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Safety Member Classification—State [20390 - 20416] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section says certain employees in listed state departments and job classes are included as “state safety members” if they have been designated as peace officers.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Safety Member Classification—State [20390 - 20416] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20410. “State safety member” also includes all persons in the Department of Alcoholic Beverage Control, the Board of Parole Hearings, the Department of Consumer Affairs, the Department of Developmental Services, the Department of Health Care Services, the Department of Toxic Substances Control, the California Horse Racing Board, the Department of Industrial Relations, the Department of Insurance, the State Department of State Hospitals, the Department of Motor Vehicles, and the Department of Social Services employed with the class title of Special Investigator (Class Code 8553), Senior Special Investigator (Class Code 8550), Investigator Trainee (Class Code 8555) and Investigator Assistant (Class Code 8554), Supervising Special Investigator I (Class Code 8548), Special Investigator II (Class Code 8547), and persons in the class of State Park Ranger (Intermittent) (Class Code 0984) in the Department of Parks and Recreation, who have been designated as peace officers as defined in Sections 830.2 and 830.3 of the Penal Code. (Amended by Stats. 2013, Ch. 76, Sec. 95. (AB 383) Effective January 1, 2014.)
  41. 20411.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Safety Member Classification—State [20390 - 20416] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A state safety member also includes members employed as Vocational Instructor (Barber Shop Practices) (Correctional Facility), Class Code 2441.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Safety Member Classification—State [20390 - 20416] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20411. “State safety member” also includes members employed in the positions with the classification of Vocational Instructor (Barber Shop Practices) (Correctional Facility) (Class Code 2441). (Amended by Stats. 1996, Ch. 906, Sec. 48. Effective January 1, 1997.)
  42. 20412.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Safety Member Classification—State [20390 - 20416] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This provision expands the meaning of “State safety member” to include certain state employees who performed full-time active firefighting duties on April 1, 1972.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Safety Member Classification—State [20390 - 20416] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20412. “State safety member” shall also include persons employed to perform full-time active firefighting duties performed on April 1, 1972, under the titles of “institution fire chief,” “institution fireman,” and “campus firefighter” by state agencies other than the Department of Forestry and Fire Protection. (Amended by Stats. 1996, Ch. 906, Sec. 49. Effective January 1, 1997.)
  43. 20413.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Safety Member Classification—State [20390 - 20416] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    “State safety member” also includes certain campus firefighters who met the stated firefighting-duty conditions on April 1, 1973 and January 1, 1979.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Safety Member Classification—State [20390 - 20416] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20413. “State safety member” shall also include persons employed under the title of “campus firefighter” who performed active firefighting duties for the state on April 1, 1973, and who, on January 1, 1979, performed those duties for a local agency providing fire protection under contract to the state. (Amended by Stats. 1996, Ch. 906, Sec. 50. Effective January 1, 1997.)
  44. 20414.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Safety Member Classification—State [20390 - 20416] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section expands who counts as a “state safety member” and what counts as “state safety service” for certain state 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 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Safety Member Classification—State [20390 - 20416] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20414. “State safety member” also includes members employed in the Department of Parks and Recreation in the following classifications: State Park Ranger Trainee, State Park Ranger I, State Park Ranger II, State Park Ranger III, State Park Ranger IV, and State Park Technician. “State safety member” also includes members employed in the Military Department in the following classifications: Firefighter Guard, Supervising Firefighter Guard, and Chief Firefighter Guard. “State safety service,” with respect to a member who becomes a state safety member pursuant to this section, shall also include service with the specified departments prior to April 1, 1982. (Amended by Stats. 1996, Ch. 906, Sec. 51. Effective January 1, 1997.)
  45. 20415.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Safety Member Classification—State [20390 - 20416] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Some Department of Parks and Recreation managers are included as state safety members, and new non-peace-officer incumbents in those classes must complete required POST training within two years of appointment.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Safety Member Classification—State [20390 - 20416] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20415. “State safety member” also includes members employed in the Department of Parks and Recreation in the following classifications: Manager I, State Park; Manager II, State Park; Manager III, State Park; Manager IV, State Park; and Manager V, State Park. New incumbents to these classes who are not peace officers, shall receive the training required by the Commission on Peace Officer Standards and Training within two years of appointment. “State safety service,” with respect to a member who becomes a state safety member pursuant to this section, shall also include service prior to September 22, 1982. (Amended by Stats. 1996, Ch. 906, Sec. 52. Effective January 1, 1997.)
  46. 20416.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Safety Member Classification—State [20390 - 20416] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section defines “state safety member” to include persons identified in the article by employer, classification, or duties performed, except those classified as state peace officer/firefighter 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 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Safety Member Classification—State [20390 - 20416] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20416. “State safety member” includes all persons specified in this article by employer, classification, or duties performed, except persons in those classes defined as state peace officer/firefighter members. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  47. 20420.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Safety Member Classification-Contracting Agencies and Schools [20420 - 20445] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section defines “local safety member” to include specified local public safety employees who are employed by a contracting agency and have been included in the system by 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 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Safety Member Classification-Contracting Agencies and Schools [20420 - 20445] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20420. “Local safety member” includes all local police officers, local sheriffs, firefighters, safety officers, county peace officers, and school safety members, employed by a contracting agency who have by contract been included within this system. (Amended by Stats. 2000, Ch. 871, Sec. 1. Effective January 1, 2001.)
  48. 20421.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Safety Member Classification-Contracting Agencies and Schools [20420 - 20445] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section defines which city employees can count as “local safety members,” mainly certain lifeguard/rescue staff, and excludes some office or maintenance jobs.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Safety Member Classification-Contracting Agencies and Schools [20420 - 20445] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20421. “Local safety member” also includes all employees of a city who have by contract been included within this system, and whose principal duties consist of active protection, rescue, and rendition of aid or assistance to persons injured or imperiled in water areas at ocean beaches and the recovery from those water areas of submerged objects and bodies of persons drowned or believed to have drowned in those areas, or the immediate supervision thereof, including persons employed to perform the duties now performed under the titles of aquatics director, chief lifeguard, captain lifeguards, lieutenant lifeguards, beach lifeguard, but who performs additional duties, some of which (including the maintenance of peace and order and the apprehension of law violators) are customarily performed by police or peace officers, and whose other duties (such as resuscitation work involving the use of special equipment in cases having no connection with their principal duties) that in other areas are customarily performed by firefighters, and other and further duties that do not come directly within any of the above classifications but are essential to the safety and security of the public, excluding those whose principal duties are those of a telephone operator, clerk, stenographer, machinist, mechanic, or otherwise clearly do not fall within the scope of active lifeguarding or lifesaving service, even though the person is subject to occasional call, or is occasionally called upon, to perform duties within the scope of active lifeguarding or lifesaving service. This section does not apply to the employees of any contracting agency having a contract with the board made prior to September 18, 1959, until the agency elects to subject itself and its employees to the provisions of this section by amendment to its contract with the board pursuant to Section 20474; except that an election is required only among the employees to whom the provisions of this section apply. The amendments of this section, made by Chapter 130 of the Statutes of 1982 do not constitute a substantive change in the law and shall not be construed to entitle any person to any right or benefit that he or she was not already entitled to prior to December 31, 1982. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  49. 20422.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Safety Member Classification-Contracting Agencies and Schools [20420 - 20445] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section adds certain public agency emergency medical employees to the definition of “local safety member,” and it does not apply to contracting agencies unless they elect to be covered.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Safety Member Classification-Contracting Agencies and Schools [20420 - 20445] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20422. “Local safety member” also includes all employees of a public agency whose principal duties consist of rendering prehospital emergency medical care to ill or injured persons and who are employees designated as Emergency Medical Technician-I, Emergency Medical Technician-II, or Emergency Medical Technician-Paramedic, as defined by, respectively, Sections 1797.80, 1797.82, and 1797.84 of the Health and Safety Code. This section shall not apply to any contracting agency nor to the employees of a contracting agency until the 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. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  50. 20423.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Safety Member Classification-Contracting Agencies and Schools [20420 - 20445] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section expands “local safety member” to include certain harbor or port police officers employed by a contracting agency, and it does not apply to a contracting agency or its employees until the agency elects to be subject to it.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Safety Member Classification-Contracting Agencies and Schools [20420 - 20445] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20423. “Local safety member” also includes any harbor or port police officer, employed by a contracting agency, who is a peace officer as defined in subdivision (b) of Section, 830.33 of the Penal Code and whose principal duties consist of active law enforcement of the laws contained in Chapter 5 (commencing with Section 650) of Division 3 of the Harbors and Navigation Code, the rules and regulations of the California Department of Boating and Waterways, and Chapter 2 (commencing with Section 9850) of Division 3.5 of the Vehicle Code. This section shall not apply to any contracting agency nor to the employees of a contracting agency until the agency elects to be subject to this section by amendment to its contract with the board, pursuant to Section 20474, or by express provision within its contract with the board. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  51. 20423.3.

    ## 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 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Safety Member Classification-Contracting Agencies and Schools [20420 - 20445] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Certain airport patrol, law enforcement, or police officers can count as “local safety members” if they meet the listed employment and duty conditions. The section does not apply to a contracting agency or its employees until the agency elects to be subject to it through its contract 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 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Safety Member Classification-Contracting Agencies and Schools [20420 - 20445] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20423.3. (a) “Local safety member” also includes any airport patrol officer, airport law enforcement officer, or airport police officer employed by a contracting agency who is a peace officer, as defined in subdivision (d) of Section 830.33 of the Penal Code, employed by a city, county, or district operating the airport or by a joint powers agency, created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code, operating the airport, if the primary duty of the peace officer is the enforcement of the law in or about properties owned, operated, or administered by the employing agency or when performing necessary duties with respect to patrons, employees, or properties of the employing agency. (b) This section shall not apply to any contracting agency or to the employees of a contracting agency until the agency elects to be subject to this section by amendment to its contract with the board, pursuant to Section 20474, or by express provision within its contract with the board. (Added by Stats. 2009, Ch. 79, Sec. 1. (AB 86) Effective January 1, 2010.)
  52. 20423.5.

    ## 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 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Safety Member Classification-Contracting Agencies and Schools [20420 - 20445] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A park ranger employed by a contracting agency is included in “local safety member” if the ranger is a peace officer and meets the stated duty requirements. The section does not apply to the agency or its employees until the agency elects coverage in its contract 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 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Safety Member Classification-Contracting Agencies and Schools [20420 - 20445] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20423.5. “Local safety member” also includes any park ranger employed by a contracting agency who is a peace officer as defined in subdivision (b) of Section 830.31 of the Penal Code and whose primary responsibility is maintaining the peace and whose duties include law enforcement, emergency medical care first response, or fire suppression and prevention. This section shall not apply to any contracting agency nor to the employees of a contracting agency until the agency elects to be subject to this section by amendment to its contract with the board pursuant to Section 20474, or by express provision within its contract with the board. (Amended by Stats. 2002, Ch. 664, Sec. 101. Effective January 1, 2003.)
  53. 20423.6.

    ## 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 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Safety Member Classification-Contracting Agencies and Schools [20420 - 20445] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section expands who counts as a local safety member and sets conditions for converting prior service, paying any resulting unfunded liability, and applying the relevant benefit formula if a contracting agency elects coverage.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Safety Member Classification-Contracting Agencies and Schools [20420 - 20445] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20423.6. (a) “Local safety member” also includes local prosecutors, local public defenders, and local public defender investigators. (b) For purposes of this part, “local prosecutor” means any one of the following: (1) A county officer or employee who meets all of the following criteria: (A) He or she is or, on or after January 1, 2002, was employed in the office of the district attorney. (B) His or her job classification is or, on or after January 1, 2002, was district attorney, deputy district attorney, chief deputy district attorney, senior deputy district attorney, assistant district attorney, chief assistant district attorney, senior assistant district attorney, or any other similar classification or title. (C) His or her effective date of retirement is on or after the date this section becomes applicable to the member’s contracting agency as provided in subdivision (g). (2) A county officer or employee who meets all of the following criteria: (A) He or she was employed in the office of a district attorney prior to the date the local child support agency transitioned from the district attorney to a new county department, as specified in Section 17304 of the Family Code. (B) His or her job classification was district attorney, deputy district attorney, chief deputy district attorney, senior deputy district attorney, assistant district attorney, chief assistant district attorney, senior assistant district attorney, or any other similar classification or title. (C) He or she is or, on or after January 1, 2002, was an attorney in a local child support agency, as defined in subdivision (h) of Section 17000 of the Family Code, with no break in service between employment by a district attorney and the local child support agency. (D) His or her effective date of retirement is on or after the date this section becomes applicable to the member’s contracting agency as provided in subdivision (g). (3) A city officer or employee who meets all of the following criteria: (A) He or she is or, on or after January 1, 2002, was employed in the office of the city attorney. (B) He or she is or, on or after January 1, 2002, was primarily engaged in the active enforcement of criminal laws within any court operating in a county. (C) His or her job classification is or, on or after January 1, 2002, was city attorney, deputy city attorney, chief deputy city attorney, assistant city attorney, chief assistant city attorney, or any other similar classification or title. (D) His or her effective date of retirement is on or after the date this section becomes applicable to the member’s contracting agency as provided in subdivision (g). (c) For purposes of this part, “local public defender” means a city or county officer or employee who meets all of the following criteria: (1) He or she is or, on or after January 1, 2002, was employed in the office of the public defender, the alternate public defender, or any similar office title. (2) His or her job classification is or, on or after January 1, 2002, was public defender, deputy public defender, chief deputy public defender, senior deputy public defender, assistant public defender, chief assistant public defender, senior assistant public defender, or any other similar classification or title. (3) His or her effective date of retirement is on or after the date this section becomes applicable to the member’s contracting agency as provided in subdivision (g). (d) For purposes of this part, “local public defender investigator” means a city or county officer or employee who meets all of the following criteria: (1) He or she is or, on or after January 1, 2002, was employed in the office of the public defender, the alternate public defender, or any other similar office title. (2) His or her job classification is or, on or after January 1, 2002, was inspector, investigator, detective, or any other similar classification or title. (3) His or her principal duties are or, on or after January 1, 2002, were to investigate crime and criminal cases. (4) His or her effective date of retirement is on or after the date this section becomes applicable to the member’s contracting agency as provided in subdivision (g). (e) Notwithstanding Section 20890, past local miscellaneous service performed by a local prosecutor, local public defender, or local public defender investigator who becomes a local safety member pursuant to this section shall be converted to local safety service if the past service was rendered in a position that has subsequently been reclassified as a safety position pursuant to this section. For local prosecutors described in paragraph (2) of subdivision (b), service in the office of a district attorney and a local child support agency shall be considered service for the district attorney for the purposes of this section. Any unfunded liability resulting from this section shall be paid by the employer. (f) Notwithstanding any other provision of this part or any provision of the contracting agency’s contract with the board, local prosecutors, local public defenders, and local public defender investigators shall be subject to the benefit formula contained in Section 21362, 21363, or 21363.1, or any other benefit formula applicable to local safety members that does not provide benefits greater than those benefits provided under Section 21363.1, as designated in the contract amendment or express contract provision described in subdivision (g). (g) This section shall not apply to any officers and employees of a contracting agency or to the agency unless and until the contracting agency elects to be subject to this section by amendment to its contract with the board, made as provided in Section 20474, or by express provision in its contract with the board. If a contracting agency elects to be subject to this section, the contracting agency shall include all local prosecutors, local public defenders, and local public defender investigators described in this section. (h) This section does not apply to any officer or employee of a contracting agency who dies prior to the date the contracting agency elects to be subject to this section. (Added by Stats. 2002, Ch. 1152, Sec. 3. Effective January 1, 2003.)
  54. 20424.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Safety Member Classification-Contracting Agencies and Schools [20420 - 20445] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section defines “local safety officer” and excludes certain office, clerical, machine, identification, and communication roles from that term.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Safety Member Classification-Contracting Agencies and Schools [20420 - 20445] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20424. “Local safety officer” means any officer or employee of a public safety department of a contracting agency, except one whose principal duties are those of a telephone operator, clerk, stenographer, machinist, mechanic, or otherwise and whose functions do not clearly fall within the scope of active law enforcement or firefighting and prevention service even though the employee is subject to occasional call, or is occasionally called upon, to perform duties within the scope of active law enforcement or firefighting and prevention service, but not excepting persons employed and qualifying as patrol officers or equal or higher rank, or as firefighters, hose officers, or equal or higher rank, irrespective of the duties to which they are assigned. “Local safety officer” does not include persons employed to perform identification or communication duties. This paragraph shall not apply to persons employed and qualified as patrol officers or equal or higher rank, or as firefighters, hose officers, or equal or higher rank. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  55. 20425.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Safety Member Classification-Contracting Agencies and Schools [20420 - 20445] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section defines “local police officer” for certain city police department employees and lets a contracting agency expand that definition by contract amendment for some identification or communication staff.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Safety Member Classification-Contracting Agencies and Schools [20420 - 20445] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20425. “Local police officer” means any officer or employee of a police department of a contracting agency which is a city, except one whose principal duties are those of a telephone operator, clerk, stenographer, machinist, mechanic, or otherwise and whose functions do not clearly fall within the scope of active law enforcement service even though the employee is subject to occasional call, or is occasionally called upon, to perform duties within the scope of active law enforcement service, but not excepting persons employed and qualifying as patrolmen or equal or higher rank irrespective of the duties to which they are assigned. “Local police officer” does not include persons employed to perform identification or communication duties, other than persons in that employment on August 4, 1972, who elected within 90 days thereafter to be local safety members. A contracting agency may elect by amendment to its contract to include as “local police officer” all persons who were employed to perform identification or communication duties on August 4, 1972, and who elect within 60 days of the effective date of the contract amendment to be local safety members. The election shall apply to the person’s past as well as future service in the employment held on the effective date but shall not apply to service following any subsequent acceptance of appointment to a position other than that held on the effective date. This paragraph shall not apply to persons employed and qualified as patrol officers or equal or higher rank. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  56. 20426.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Safety Member Classification-Contracting Agencies and Schools [20420 - 20445] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section expands the meaning of “local police officer” to include certain city police department officers or employees doing communication duties, and it does not apply to a contracting agency or its employees unless the agency elects coverage under the required contract 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 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Safety Member Classification-Contracting Agencies and Schools [20420 - 20445] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20426. “Local police officer” also includes any officer or employee of a police department of a contracting agency that is a city, employed to perform communication duties for an employer that contracted with this system for coverage for its local police officers on October 1, 1948, and who elected to become a local safety member on August 25, 1973, pursuant to Chapter 91 of the Statutes of 1973. This section shall not apply to any contracting agency nor to the employees of a contracting agency until the agency elects to be subject to this section by amendment to its contract made in the manner prescribed for the approval of contracts or, in the case of contracts made after January 1, 1989, by express provision in the contract making the contracting agency subject to this section. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  57. 20427.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Safety Member Classification-Contracting Agencies and Schools [20420 - 20445] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section expands “local police officer” to include certain juvenile bureau officers or employees whose main duties are active law enforcement, but excludes clerical or clearly non-law-enforcement staff.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Safety Member Classification-Contracting Agencies and Schools [20420 - 20445] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20427. “Local police officer” also includes any officer or employee of a juvenile bureau of a contracting agency whose principal duties consist of active law enforcement service, except persons whose principal duties are clerical or otherwise clearly do not fall within the scope of active law enforcement, even though the person is subject to occasional call, or is occasionally called upon, to perform duties within the scope of active law enforcement. The provisions of this section do not apply to the employees of any contracting agency having a contract with the board made prior to September 22, 1951, until the agency elects to subject itself and its employees to the provisions of this section by amendment to its contract with the board pursuant to Section 20474; except that an election is required only among the employees to whom Section 20427 applies. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  58. 20428.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Safety Member Classification-Contracting Agencies and Schools [20420 - 20445] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section expands the meaning of “local police officer” to include certain officers or employees of a city-and-county contracting agency who were law enforcement members in the relevant employment when the function was assumed.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Safety Member Classification-Contracting Agencies and Schools [20420 - 20445] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20428. “Local police officer” shall also include any officer or employee of a contracting agency that is a city and county, in any employment in which he or she was a law enforcement member as defined by Section 20402 at the time of the assumption by the city and county of the function in which he or she was employed. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  59. 20429.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Safety Member Classification-Contracting Agencies and Schools [20420 - 20445] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section defines “local police officer” for certain contracting agencies and says when the section applies to those agencies and 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 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Safety Member Classification-Contracting Agencies and Schools [20420 - 20445] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20429. “Local police officer” also includes any officer or employee of a contracting agency other than a city or a county who is a peace officer as defined in the Penal Code and whose principal duties consist of active law enforcement but excluding clerical personnel or those whose principal duties are that of communication officer, identification officer, machinist, mechanic, security officer or are otherwise not clearly within the scope of active law enforcement, even though the person is subject to occasional call, or is occasionally called upon to perform duties within the scope of active law enforcement. The provisions of this section shall apply to any contracting agency that is not a city or county with respect to any of its employees who were local police officers within the meaning of Section 20425 prior to its amendment by Chapter 625 of the Statutes of 1975 and in employment on January 1, 1976. The provisions of this section shall not otherwise apply to the employees of any contracting agency nor to any contracting agency until the contracting agency elects to be subject to the provisions of this section by amendment to its contract with the board made as provided in Section 20474 or by express provision in its contract with the board. (Amended by Stats. 2002, Ch. 664, Sec. 102. Effective January 1, 2003.)
  60. 20430.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Safety Member Classification-Contracting Agencies and Schools [20420 - 20445] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The section expands “local police officer” to include certain officers or employees of qualifying school district or community college district police departments, with exclusions for clerical or clearly non-law-enforcement roles.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Safety Member Classification-Contracting Agencies and Schools [20420 - 20445] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20430. “Local police officer” also includes any officer or employee of a school district or a community college district that has established a police department pursuant to Section 38000 or 72330 of the Education Code, whose principal duties consist of active law enforcement service, except persons whose principal duties are clerical or otherwise clearly do not fall within the scope of active law enforcement, even though the person is subject to occasional call, or is occasionally called upon, to perform duties within the scope of active law enforcement. This section shall only apply to any school district or community college district that prior to June 30, 1982, had amended its contract to provide membership for local police officers. (Amended by Stats. 2019, Ch. 330, Sec. 4. (SB 782) Effective January 1, 2020.)
  61. 20431.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Safety Member Classification-Contracting Agencies and Schools [20420 - 20445] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The section defines when a city contracting-agency employee counts as a “local police officer” for this article, and excludes certain job types and 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 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Safety Member Classification-Contracting Agencies and Schools [20420 - 20445] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20431. “Local police officer” also includes any employee of a contracting agency that is a city, who is employed in a jail or a detention or correctional facility and having as his or her primary duty and responsibility the supervision and custody of persons committed to the jail or facility. It shall not include persons employed as clerks, typists, teachers, instructors, or psychologists or to provide food, maintenance, health, or supporting services, even though responsibility for custody and control of persons so committed may be incident to, or imposed in connection with, that service. This section shall not apply to any contracting agency nor to the employees of a contracting agency until the agency elects to be subject to this section by contract or by amendment to its contract with the board, made pursuant to Section 20474 or by express provision in its contract with the board. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  62. 20432.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Safety Member Classification-Contracting Agencies and Schools [20420 - 20445] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section defines who counts as a “local sheriff,” excludes some identification and communication employees, allows a contracting agency to expand coverage by contract amendment, and says a local sheriff is not treated as a county peace officer 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 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Safety Member Classification-Contracting Agencies and Schools [20420 - 20445] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20432. (a) “Local sheriff” means any officer or employee of a sheriff’s office of a contracting agency, except one whose principal duties are those of a telephone operator, clerk, stenographer, machinist, mechanic, or otherwise, and whose functions do not clearly come within the scope of active law enforcement service even though the employee is subject to occasional call, or is occasionally called upon, to perform duties within the scope of active law enforcement service, but not excepting persons employed and qualifying as deputy sheriffs or equal or higher rank irrespective of the duties to which they are assigned. (b)“Local sheriff” does not include persons employed to perform identification or communication duties other than persons in that employment on August 4, 1972, who elected within 90 days thereafter to be local safety members. A contracting agency may elect by amendment to its contract to include as “local sheriff” all persons who were employed to perform identification or communication duties on August 4, 1972, and who elect within 60 days of the effective date of the contract amendment to be local safety members. The election shall apply to the person’s past as well as future service in the employment held on the effective date but shall not apply to service following any subsequent acceptance of appointment to a position other than that held on the effective date. This subdivision shall not apply to persons employed and qualified as deputy sheriffs or equal or higher rank. (c) Any officer or employee who is a local sheriff as defined in this section shall not be deemed to be a county peace officer, as defined in Section 20436, for any purpose under this part. (d) This section shall not apply to the employees of any contracting agency nor to any such agency unless and until the contracting agency elects to be subject to the provisions of this section by amendment to its contract with the board, made as provided in Section 20474 or by express provision in its contract with the board. (Amended by Stats. 2001, Ch. 149, Sec. 1. Effective January 1, 2002.)
  63. 20432.5.

    ## 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 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Safety Member Classification-Contracting Agencies and Schools [20420 - 20445] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section defines “local sheriff,” excludes those officers or employees from being county peace officers, limits when the section applies to contracting agencies, and requires certain covered members to be placed in a risk pool within 90 days after notice.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Safety Member Classification-Contracting Agencies and Schools [20420 - 20445] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20432.5. (a) “Local sheriff” also means a regularly employed marshal of Shasta County or of a judicial district of Shasta County. “Local sheriff” also means a regularly employed deputy marshal of Shasta County or of a judicial district of Shasta County, or a district attorney investigator of Shasta or Butte County whose principal duties are to investigate crime and criminal cases, if the deputy marshal or district attorney investigator is a member of the deputy sheriffs’ bargaining unit in the county or the judicial district. (b) An officer or employee who is a local sheriff as defined in this section is not a county peace officer as defined in Section 20436 or 20437. (c) This section does not apply to the employees of any contracting agency nor to the agency, unless and until the contracting agency elects to be subject to this section by amendment to its contract with the board, made as provided in Section 20474, or by express provision in its contract with the board. (d) Within 90 days of notice to the county that a risk pool has been established pursuant to Section 20225.5, which makes available the same service retirement formula provided to local sheriff members in the county, the members included in the local sheriff member classification pursuant to this section shall be included in one of the available risk pools. (Added by Stats. 2002, Ch. 114, Sec. 1. Effective July 5, 2002.)
  64. 20432.6.

    ## 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 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Safety Member Classification-Contracting Agencies and Schools [20420 - 20445] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The section expands the meaning of “local sheriff” to include certain Solano County district attorney investigators, says those officers are not county peace officers under the cited sections, and excludes contracting agencies and their employees unless the agency opts in by 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 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Safety Member Classification-Contracting Agencies and Schools [20420 - 20445] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20432.6. (a) “Local sheriff” also means a regularly employed district attorney investigator of Solano County whose principal duties are to investigate crime and criminal cases, if the district attorney investigator is a member of the deputy sheriffs’ bargaining unit in the county or the judicial district. (b) An officer or employee who is a local sheriff as defined in this section is not a county peace officer as defined in Section 20436 or 20437. (c) This section does not apply to the employees of any contracting agency or to the agency, unless the contracting agency elects to be subject to this section by amendment to its contract with the board, made as provided in Section 20474, or by express provision in its contract with the board. (Added by Stats. 2005, Ch. 708, Sec. 2. Effective January 1, 2006.)
  65. 20433.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Safety Member Classification-Contracting Agencies and Schools [20420 - 20445] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This provision defines “local firefighter” 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 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Safety Member Classification-Contracting Agencies and Schools [20420 - 20445] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20433. “Local firefighter” means any officer or employee of a fire department of a contracting agency, except one whose principal duties are those of a telephone operator, clerk, stenographer, machinist, mechanic, or otherwise and whose functions do not clearly fall within the scope of active firefighting, or active firefighting and prevention service, active firefighting and fire training, active firefighting and hazardous materials, active firefighting and fire or arson investigation, or active firefighting and emergency medical services, even though that employee is subject to occasional call, or is occasionally called upon, to perform duties within the scope of active firefighting, or active firefighting and prevention service, active firefighting and fire training, active firefighting and hazardous materials, active firefighting and fire or arson investigation, or active firefighting and emergency medical services, but not excepting persons employed and qualifying as firefighters or equal or higher rank, irrespective of the duties to which they are assigned. (Amended by Stats. 2001, Ch. 793, Sec. 5. Effective January 1, 2002.)
  66. 20434.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Safety Member Classification-Contracting Agencies and Schools [20420 - 20445] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    “Local firefighter” includes certain fire department officers or employees of a contracting agency, with stated exceptions, and the section does not apply until the agency elects to be covered.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Safety Member Classification-Contracting Agencies and Schools [20420 - 20445] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20434. “Local firefighter” also means any officer or employee of a fire department of a contracting agency, except one whose principal duties are those of a telephone operator, clerk, stenographer, machinist, mechanic, or otherwise and whose functions do not clearly fall within the scope of active firefighting, fire prevention, fire training, hazardous materials, emergency medical services, or fire or arson investigation service, even though that employee is subject to occasional call, or is occasionally called upon, to perform duties within the scope of active firefighting, fire prevention, fire training, hazardous materials, emergency medical services, or fire or arson investigation service, but not excepting persons employed and qualifying as firefighters or equal or higher rank, irrespective of the duties to which they are assigned. This section shall not apply to the employees of any contracting agency nor to any contracting agency until the 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. (Amended by Stats. 2001, Ch. 793, Sec. 6. Effective January 1, 2002.)
  67. 20434.5.

    ## 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 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Safety Member Classification-Contracting Agencies and Schools [20420 - 20445] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    “Local firefighter” includes certain officers and employees of a contracting agency’s fire department, but excludes some non-firefighter roles; the section applies to a contracting agency only if it elects coverage in its contract 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 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Safety Member Classification-Contracting Agencies and Schools [20420 - 20445] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20434.5. “Local firefighter” also means any officer or employee of a fire department of a contracting agency, except one whose principal duties are those of a telephone operator, clerk, stenographer, machinist, mechanic, or otherwise, and whose functions do not clearly fall within the scope of hazardous materials services, even though that employee is subject to occasional call, or is occasionally called upon, to perform duties within the scope of hazardous materials services, but not excepting persons employed and qualifying as firefighters or equal or higher rank, irrespective of the duties to which they are assigned. This section shall not apply to the employees of any contracting agency nor to any contracting agency unless and 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. (Amended by Stats. 2001, Ch. 793, Sec. 7. Effective January 1, 2002.)
  68. 20435.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Safety Member Classification-Contracting Agencies and Schools [20420 - 20445] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Defines “local firefighter” and says the section does not apply to contracting-agency employees or agencies until the agency opts in by contract amendment or express contract term.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Safety Member Classification-Contracting Agencies and Schools [20420 - 20445] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20435. “Local firefighter” means any officer or employee of a contracting agency performing a fire training function for a contracting agency, except one whose principal duties are those of a telephone operator, clerk, stenographer, machinist, mechanic, or otherwise and whose functions do not clearly fall within the scope of active firefighting, fire prevention, fire training, or fire investigation service even though that employee is subject to occasional call, or is occasionally called upon, to perform duties within the scope of active firefighting, fire prevention, fire training, or fire investigation service, but not excepting persons employed and qualifying as firefighters or equal or higher rank, irrespective of the duties to which they are assigned. This section shall not apply to the employees of any contracting agency nor to any contracting agency until the 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. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  69. 20436.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Safety Member Classification-Contracting Agencies and Schools [20420 - 20445] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section defines who counts as a “county peace officer” and allows a contracting agency to expand that definition for certain identification or communication employees by contract amendment.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Safety Member Classification-Contracting Agencies and Schools [20420 - 20445] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20436. (a) “County peace officer” means the sheriff and any officer or employee of a sheriff’s office of a contracting agency, except one whose principal duties are those of a telephone operator, clerk, stenographer, machinist, mechanic, or otherwise, and whose functions do not clearly come within the scope of active law enforcement service even though the employee is subject to occasional call, or is occasionally called upon, to perform duties within the scope of active law enforcement service, but not excepting persons employed and qualifying as deputy sheriffs or equal or higher rank irrespective of the duties to which they are assigned. (b) Any other provision in this part to the contrary notwithstanding, “county peace officer” also includes and means any inspector, investigator, detective, or person with a comparable title, in any district attorney’s office of a contracting agency whose principal duties are to investigate crime and criminal cases and who receives compensation for this service. (c) “County peace officer” does not include persons employed to perform identification or communication duties other than persons in that employment on August 4, 1972, who elected within 90 days thereafter to be local safety members. A contracting agency may elect by amendment to its contract to include as “county peace officer” all persons who were employed to perform identification or communication duties on August 4, 1972, and who elect within 60 days of the effective date of the contract amendment to be local safety members. The election shall apply to the person’s past as well as future service in the employment held on the effective date but may not apply to service following any subsequent acceptance of appointment to a position other than that held on the effective date. This subdivision does not apply to persons employed and qualified as deputy sheriffs or equal or higher rank. (d) “County peace officer” does not include any officer or employee who is a local sheriff, as defined in Section 20432 or 20432.5. (Amended by Stats. 2002, Ch. 114, Sec. 2. Effective July 5, 2002.)
  70. 20437.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Safety Member Classification-Contracting Agencies and Schools [20420 - 20445] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section expands who counts as a county peace officer, gives service credit for certain prior peace officer service, and excludes contracting agencies unless they elect coverage.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Safety Member Classification-Contracting Agencies and Schools [20420 - 20445] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20437. (a) “County peace officer” shall also include the constable and each regularly employed deputy constable and the marshal and each regularly employed deputy marshal who serves the superior court. He or she shall receive credit for service as a peace officer for any time he or she served as constable or deputy constable of a township or justice court or marshal or deputy marshal of a municipal court in the same county. (b) The provisions of this section do not apply to the employees of a contracting agency nor to the agency, unless and until the contracting agency elects to be subject to this section by amendment to its contract with the board, made as provided in Section 20474, or by express provision in its contract with the board. (c) “County peace officer” does not include any officer or employee who is a local sheriff, as defined in Section 20432.5. (Amended by Stats. 2003, Ch. 149, Sec. 15. Effective January 1, 2004.)
  71. 20438.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Safety Member Classification-Contracting Agencies and Schools [20420 - 20445] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section expands the meaning of “county peace officer” and excludes certain jobs and contracting agencies unless they elect coverage.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Safety Member Classification-Contracting Agencies and Schools [20420 - 20445] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20438. “County peace officer” shall also include probation officers, deputy and assistant probation officers, and persons employed in a juvenile hall or home and having as their primary duty and responsibility the counseling, supervision and custody of a group of youths assigned or committed to the hall or home. It shall also include persons employed as peace officers pursuant to Section 830.5 of the Penal Code, regardless of the administrative title of the position. It shall not include persons employed as teachers, instructors, psychologists, or to provide food, maintenance, health or other supporting services even though responsibility for custody and control of youths may be incident to or imposed in connection with that service. This section shall not apply to any contracting agency nor to the employees of a contracting agency until the agency elects to be subject to this section by amendment to its contract with the board, made as provided in Section 20474 or by express provision in its contract with the board. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  72. 20439.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Safety Member Classification-Contracting Agencies and Schools [20420 - 20445] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    “County peace officer” includes certain sheriff employees in county jails, detention facilities, or correctional facilities who primarily supervise and custody committed persons.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Safety Member Classification-Contracting Agencies and Schools [20420 - 20445] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20439. “County peace officer” shall also include employees of the sheriff employed in a county jail, detention or correctional facility and having as their primary duty and responsibility the supervision and custody of persons committed to the jail or facility, whether or not these employees are deputized. It shall not include persons employed as clerks, typists, teachers, instructors, psychologists or to provide food, maintenance, health or supporting services, even though responsibility for custody and control of persons so committed may be incident to, or imposed in connection with, that service or the employees are deputized. This section shall not apply to any contracting agency nor to the employees of a contracting agency until the agency elects to be subject to this section by amendment to its contract with the board, made as provided in Section 20474 or by express provision in its contract with the board. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  73. 20440.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Safety Member Classification-Contracting Agencies and Schools [20420 - 20445] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section expands the meaning of “county peace officer” to cover certain sheriff employees working in court security and jury-related duties, but it excludes clerks, typists, teachers, instructors, and psychologists.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Safety Member Classification-Contracting Agencies and Schools [20420 - 20445] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20440. “County peace officer” shall also include employees of the sheriff employed to attend sessions of the superior or former municipal courts and preserve order in the courtrooms, to guard and maintain the security of prisoners during court appearances, or to summon jurors and take responsibility for them while they are deliberating or absent from the courtroom. It shall not include persons employed as clerks, typists, teachers, instructors or psychologists. This section shall not apply to any contracting agency nor to the employees of a contracting agency until the agency elects to be subject to this section by amendment to its contract with the board, made as provided in Section 20474 or by express provision in its contract with the board. (Amended by Stats. 2002, Ch. 784, Sec. 132. Effective January 1, 2003.)
  74. 20441.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Safety Member Classification-Contracting Agencies and Schools [20420 - 20445] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section expands the definition of “county peace officer” to include certain county parks and recreation department employees, and it generally does not apply to contracting agency employees unless the agency elects coverage.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Safety Member Classification-Contracting Agencies and Schools [20420 - 20445] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20441. “County peace officer” shall also include persons employed by a county parks and recreation department whose primary responsibility is maintaining the peace and whose duties include law enforcement, emergency medical care first response, or fire suppression and prevention in the Park Ranger class series. This section shall not apply to the employees of any contracting agency nor to any agency unless and until the contracting agency elects to be subject to the provisions of this section by amendment to its contract with the board, made as provided in Section 20474 or by express provision in its contract with the board. (Amended by Stats. 2001, Ch. 787, Sec. 2. Effective January 1, 2002.)
  75. 20442.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Safety Member Classification-Contracting Agencies and Schools [20420 - 20445] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Some employees may choose to stay classified as local miscellaneous members by filing written notice with the board within 90 days of notice of the election right.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Safety Member Classification-Contracting Agencies and Schools [20420 - 20445] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20442. Persons employed in positions that are found to come within the definition of local safety member as the result of administrative review by the board or court action and who were previously miscellaneous members may elect to remain local miscellaneous members by filing written notice of their intent with the board no later than 90 days after the date of notice to the member of their right to make an election. This section shall not apply to persons employed by Santa Clara County. (Amended by Stats. 1996, Ch. 906, Sec. 54. Effective January 1, 1997.)
  76. 20443.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Safety Member Classification-Contracting Agencies and Schools [20420 - 20445] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A qualifying member may choose in writing to stay under the miscellaneous service retirement benefit instead of the safety service retirement benefit.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Safety Member Classification-Contracting Agencies and Schools [20420 - 20445] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20443. A member who is employed in a position that is reclassified from local miscellaneous to local safety and is made subject to a safety service retirement benefit, other than that provided in Section 21362, 21362.2, or 21363.1, may make an irrevocable election in writing to remain subject to the miscellaneous service retirement benefit by filing a notice of that election with the board within 90 days after notification by the board. (Amended by Stats. 2001, Ch. 21, Sec. 2. Effective June 25, 2001. Applicable from January 1, 2000, by Sec. 37 of Ch. 21.)
  77. 20444.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Safety Member Classification-Contracting Agencies and Schools [20420 - 20445] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section defines when an officer or employee counts as a “school safety member,” and it applies only to certain school districts or community college districts with a police department and a qualifying 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 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Safety Member Classification-Contracting Agencies and Schools [20420 - 20445] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20444. “School safety member” includes any officer or employee of a school district or a community college district that has established a police department pursuant to Section 38000 or 72330 of the Education Code, whose principal duties consist of active law enforcement service, except persons whose principal duties are clerical or otherwise clearly do not fall within the scope of active law enforcement, even though the person is subject to occasional call, or is occasionally called upon, to perform duties within the scope of active law enforcement. This section shall only apply to a school district or a community college district that, pursuant to subdivision (i) of Section 20057, entered into a contract with the board on or after January 1, 1990. (Amended by Stats. 2019, Ch. 330, Sec. 5. (SB 782) Effective January 1, 2020.)
  78. 20445.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Safety Member Classification-Contracting Agencies and Schools [20420 - 20445] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Certain school district or community college district members may elect in writing to stay under the miscellaneous service retirement benefit instead of a safety service retirement benefit.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 4. Membership Classifications [20370 - 20445] ( Chapter 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Safety Member Classification-Contracting Agencies and Schools [20420 - 20445] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20445. A member employed with a school district or community college district, as defined in subdivision (i) of Section 20057, who is in a position that qualifies as a school safety member and made subject to a safety service retirement benefit other than that provided in Section 21362, 21362.2, or 21363.1 may make an irrevocable election in writing to remain subject to the miscellaneous service retirement benefit by filing a notice of that election with the board within 90 days after notification by the board. (Amended by Stats. 2001, Ch. 21, Sec. 3. Effective June 25, 2001. Applicable from January 1, 2000, by Sec. 37 of Ch. 21.)
  79. 20460.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20460 - 20487] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A public agency may join the system by contract, but it must wait three years after a previous participation contract ends before entering a new one.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20460 - 20487] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20460. (a) Any public agency may participate in this system by contract entered into between its governing body and the board pursuant to this part. However, a public agency shall not enter into the contract within three years of termination of a previous contract for participation. (b) The changes to this section made by the act adding this subdivision shall apply to a contract entered into, amended, or extended on and after January 1, 2021. (Amended by Stats. 2020, Ch. 223, Sec. 1. (AB 2967) Effective January 1, 2021.)
  80. 20460.1.

    ## 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 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20460 - 20487] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Some counties and trial courts must participate together in the retirement system by joint contract; others may choose to do so.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20460 - 20487] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20460.1. (a) Except as provided in subdivision (d), for all counties that contract with the board for the provision of retirement benefits for their eligible employees as of the implementation date of the Trial Court Employment Protection and Governance Act (Chapter 7 (commencing with Section 71600) of Title 8), a trial court and a county in which the trial court is located shall jointly participate in this system by joint contract. All other counties and trial courts may elect such joint participation in accordance with the procedures set forth in this chapter. Except as provided in subdivision (b) and except as otherwise provided in this part, the trial court and the county jointly participating in this system shall each have all of the rights and all of the obligations of a contracting agency under the contract and under this part. (b) A county shall not be responsible for the employer or employee contributions required to be paid on behalf of trial court employees. A trial court shall not be responsible for the employer or employee contributions required to be paid on behalf of county employees. (c) As used in this chapter, “joint contract” means a contract with the board as set forth in subdivision (a). (d) A county and the trial court located within the county may jointly elect to separate the joint contract into individual contracts if the county and the trial court both make that election voluntarily, as specified in Section 20471.2. (Amended by Stats. 2023, Ch. 307, Sec. 2. (SB 548) Effective January 1, 2024.)
  81. 20461.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20460 - 20487] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The board may refuse to contract with a public agency, or agree to a proposed amendment, for benefit provisions that are not specifically authorized and that the board finds would harm administration of 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 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20460 - 20487] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20461. The board may refuse to contract with, or to agree to an amendment proposed by, any public agency for any benefit provisions that are not specifically authorized by this part and that the board determines would adversely affect the administration of this system. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  82. 20462.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20460 - 20487] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A qualifying public agency’s governing body may contract to join the system and continue its pension trust or plan for earlier service. The agency may also choose in the contract not to provide prior-service benefits, and earlier service can then be treated as not 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 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20460 - 20487] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20462. The governing body of a public agency that has established a pension trust or retirement plan funded by individual or group life insurance or annuity contracts may, notwithstanding any provision of this part to the contrary, enter into a contract to participate in this system making its employees members of this system, and continue the trust or plan with respect to service rendered prior to the contract date. A pension trust or retirement plan so continued shall be deemed not a local retirement, pension, or annuity fund or system for the purpose of this chapter. The public agency shall have all the rights of any other contracting agency to provide prior service benefits for its employees but may elect in the contract instead not to provide a benefit with respect to prior service, in which case the service rendered by its employees prior to the contract date shall be deemed not to be state service. (Amended by Stats. 2006, Ch. 538, Sec. 293. Effective January 1, 2007.)
  83. 20463.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20460 - 20487] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Certain public agencies, employee organizations, or their governing bodies may ask the board for a quotation about participation in the system or contract changes; if a quotation is requested, it must be shared with affected parties within five days, and the board may set quotation limits and fees.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20460 - 20487] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20463. (a) The governing body of a public agency, or an employee organization, recognized under Chapter 10 (commencing with Section 3500) of Division 4 of Title 1, that represents employees of the public agency, that desires to consider the participation of the agency in this system or a specific change in the agency’s contract with this system, may ask the board for a quotation of the approximate contribution to this system that would be required of the agency for that participation or change. (b) If the governing body of a public agency requests a quotation, it shall provide each employee organization representing employees that will be affected by the proposed participation or change with a copy of the quotation within five days of receipt of the quotation. (c) If an employee organization requests a quotation, the employee organization shall provide the public agency that will be affected by the proposed participation or change with a copy of the quotation within five days of receipt of the quotation. (d) The board may establish limits on the number of quotations it will provide for each contract and the fees, if any, to be assessed for each quotation provided. The limits and fees established by the board shall be applied in the same manner to a public agency or an employee organization. (Amended by Stats. 2002, Ch. 889, Sec. 1. Effective January 1, 2003.)
  84. 20465.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20460 - 20487] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    On request of the board, a public agency must provide employee data and copies of third-party or internal audits.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20460 - 20487] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20465. (a) On request of the board, the public agency shall furnish data concerning its employees as the board requires to make the necessary valuations and investigation into the experience among the employees. (b) On request of the board, the public agency shall furnish the board a copy of any third party or internal audit performed by or for the public agency. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  85. 20466.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20460 - 20487] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The board’s quoted contribution and the actual contribution, if a contract results, are determined by actuarial valuations, and the board may use a different method if the actuary recommends it.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20460 - 20487] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20466. The approximate contribution quoted by the board and the actual contribution to be made if a contract results shall be determined by actuarial valuations by the actuary of the prior and future service liability under this system, on account of the employees involved in the computation, in the same manner as the contribution required of the state on account of its employees was originally determined, except that in consideration of the number of employees of the agency or other circumstances, a different manner of determining the contribution may be adopted by the board, upon recommendation of the actuary. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  86. 20467.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20460 - 20487] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    For certain contracting agencies that are employers under Chapter 9, the board’s quoted approximate contribution and the actual contributions must be calculated using the Chapter 9 employer rate plus an additional amount required under that 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 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20460 - 20487] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20467. Notwithstanding Section 20466, the approximate contribution quoted by the board and the actual contributions for a contracting agency that is an employer for purposes of Chapter 9 (commencing with Section 20790) shall be the employer rate under Chapter 9, plus the additional amount required under that chapter on account of liability for service to date of contract and for benefits with respect to which it is not subject to Section 20506, the amount to be determined in accordance with Section 20466. (Amended by Stats. 2003, Ch. 10, Sec. 4. Effective May 14, 2003.)
  87. 20468.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20460 - 20487] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The board’s approximate contribution quote to a public agency is only tentative; the actual certified contribution may differ after contract approval.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20460 - 20487] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20468. The approximate and actual contributions are similar to premiums under insurance policies. The approximate contribution quoted by the board to the public agency is subject to the contingency that the actual contribution certified by the board after the approval of a contract may differ from the approximate contribution because of: (a) Change in number or salaries of employees included. (b) Change in prior service benefits. (c) Time elapsed between the quotation and effective date of the contract. (d) Change in effective date of membership. (e) Change in manner of determining contributions. (f) Any changes in the facts or assumptions upon which the quotation was based. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  88. 20469.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20460 - 20487] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    If the governing body wants to approve the proposed contract, it must first give notice by resolution, include a summary of the retirement plan, provide contribution rates before the election, and use an election process that lets affected employees vote by secret ballot.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20460 - 20487] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20469. If after receiving the approximate contribution quotation the governing body intends to approve the proposed contract, it shall adopt a resolution giving notice of that intention. The resolution shall contain a summary of the major provisions of the proposed retirement plan. The contract shall not be approved unless an election has been held to permit the employees proposed to be included in this system to express by secret ballot their approval or disapproval of the retirement proposal. Prior to the election each governing body shall be furnished with a schedule of rates of contribution of members, which shall be made available by the governing body to each employee proposed to be included in this system. The ballot at the election shall include the summary of the retirement plan as set forth in the resolution. The election shall be conducted in the manner prescribed by the governing body which shall be such as to permit the firefighters, the police officers, the county peace officers, and the other employees proposed to be included in this system to express separately their approval or disapproval. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  89. 20469.1.

    ## 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 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20460 - 20487] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A county governing body and the presiding officer of a trial court must give notice of a proposed joint retirement contract, include a summary in the resolution, share contribution rates with employees, and hold an election before approval.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20460 - 20487] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20469.1. (a) Notwithstanding 20469, if after receiving the approximate contribution quotation the governing body of a county and the presiding officer of a trial court located in the same county intend to approve a proposed joint contract, both shall adopt a resolution giving notice of that intention. Each resolution shall contain a summary of the major provisions of the proposed retirement plan. The contract shall not be approved unless an election has been held to permit the employees proposed to be included in this system to express by secret ballot their approval or disapproval of the retirement proposal. Prior to the election the county governing body and the trial court presiding officer shall be furnished with a schedule of rates of contribution of members, which shall be made available by the governing body and the presiding officer to each employee proposed to be included in this system. The ballot at the election shall include the summary of the retirement plan as set forth in the resolution. The election shall be conducted in the manner prescribed by the governing body and the presiding officer which shall be such as to permit the firefighters, the police officers, the county peace officers, and the other employees proposed to be included in this system to express separately their approval or disapproval. (b) For all counties that participate in this system by contract with the board as of the implementation date of the Trial Court Employment Protection and Governance Act (Chapter 7 (commencing with Section 71600) of Title 8), the trial court located in the county shall be deemed to elect to participate in this system jointly with the county pursuant to the terms and conditions of the county’s contract with the board. The county’s contract shall be amended to add the trial court as a contracting party. The amended contract shall be deemed adopted by the county. This amendment shall establish a joint contract. (Added by Stats. 2000, Ch. 1010, Sec. 6. Effective January 1, 2001.)
  90. 20470.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20460 - 20487] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The governing body may not include a group in the system if the group disapproves the proposed plan or if the required approval votes are not obtained; if there are no members when the election is held, the governing body may include the group.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20460 - 20487] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20470. The governing body shall not include in this system any group if a majority of its members voted to disapprove the proposed plan or if two-thirds of those of its members who are also members of an existing local retirement pension or annuity fund or system do not vote for approval of the proposed plan. If there are no members of any group when the election is held, the governing body may include the group in this system, and members subsequently entering the group shall become members of this system under the provisions of this part. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  91. 20471.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20460 - 20487] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A contract must be approved by ordinance, either by a majority vote of the governing body after at least 20 days from the resolution of intention, or by a majority vote of the electorate of the 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 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20460 - 20487] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20471. Approval of the contract shall be by ordinance adopted by the affirmative vote of a majority of the members of the governing body, not less than 20 days after the adoption of the resolution of intention, or by ordinance adopted by a majority vote of the electorate of the public agency voting thereon. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  92. 20471.1.

    ## 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 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20460 - 20487] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A proposed joint contract must be approved by both the county and the trial court through ordinances or resolutions, with required voting and timing 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 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20460 - 20487] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20471.1. Notwithstanding Section 20471, and except as provided in subdivision (b) of Section 20469.1, approval of a proposed joint contract by a trial court and county shall be by ordinances or resolutions adopted by both the affirmative vote of a majority of the members of the governing body of a county and the presiding officer of the trial court, not less than 20 days after the latest adoption of the notices of intention. The resolution of the presiding officer of the trial court and the resolution or ordinance of the governing body of the county which approve the joint contract must be adopted within 30 days of each other. (Added by Stats. 2000, Ch. 1010, Sec. 7. Effective January 1, 2001.)
  93. 20471.2.

    ## 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 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20460 - 20487] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    If a county and trial court split a joint contract into individual contracts, they must do it by duly adopted ordinances or resolutions, and the two measures must be adopted within 30 days of each other.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20460 - 20487] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20471.2. (a) A county and a trial court that elect to separate the joint contract into individual contracts shall do so by ordinances or resolutions adopted by both the affirmative vote of a majority of the members of the governing body of a county and the presiding officer of the trial court. In order to be effective, the resolution of the presiding officer of the trial court and the resolution or ordinance of the governing body of the county shall be adopted within 30 days of each other. (b) The separation shall not be a cause for the modification of employment retirement benefits. The retirement benefit levels provided to employees under the joint contract shall not be modified until after expiration of an existing memorandum of understanding or agreement or a period of 24 months, whichever is longer, unless the county and its recognized employee organizations or the trial court and its recognized employee organizations mutually agree to a modification. (c) Following the separation of the joint contract, any plan under separate contract that has under 100 active members, or otherwise meets applicable board criteria, shall participate in a risk pool pursuant to Section 20840. (d) An election made pursuant to this section shall be irrevocable, and, upon separation of the joint contract, the county and trial court shall be ineligible to reestablish a joint contract. (Added by Stats. 2023, Ch. 307, Sec. 3. (SB 548) Effective January 1, 2024.)
  94. 20472.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20460 - 20487] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The contracting parties may correct contract errors by approving amendments, and may use approved amendments to include excluded employees or additional prior-service benefits; in some cases, no employee election is required.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20460 - 20487] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20472. Errors in any contract may be corrected through amendments approved by the adoption of suitable resolutions by the contracting parties. Excluded employees may be included by groups through amendments approved in the manner prescribed for the approval of the contracts, except that if there were no members of an excluded group when the contract was entered into, an election among the employees is not required. Additional benefits for prior service provided in this part but not included in a contract, may be included through amendments so approved except that an election among employees is not required. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  95. 20473.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20460 - 20487] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Investigations and valuations needed to adjust the agency’s contributions must be done as prescribed for determining approximate and actual contributions, and related contract amendments must be approved as prescribed for contract approval, without requiring an employee election.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20460 - 20487] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20473. Investigations and valuations necessary to adjust the agency’s contributions on account of changed benefits or conditions of retirement shall be made in the manner prescribed for valuations and investigations to determine the approximate and actual contributions. Amendments in the contract necessary because of those valuations and investigations shall be approved in the manner prescribed for the approval of the contracts, except that an election among employees is not required. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  96. 20474.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20460 - 20487] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A contracting agency may elect coverage by amending its contract with the board, and the amendment must set the effective date subject to timing 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 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20460 - 20487] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20474. Whenever by any provision of law an election is given to contracting agencies to subject themselves and their employees to provisions of this part otherwise not applicable to contracting agencies and their employees, and no other means of making the election is expressly provided, any contracting agency may make the election by amendment to its contract with the board approved in the manner provided for the approval of the contracts including an election among the employees affected unless the amendment only adds benefits without affecting members’ contributions, in which case the election among the employees is not required. An amendment to a joint contract that has been approved by the governing body of the county shall be deemed approved by the presiding officer of the trial court located within the county. The amendment shall specify the date upon which the agency and its employees shall become subject to the provisions. That date shall not be earlier than the first day following the approval of the contract pursuant to Section 20471, except that if the rate of the employer’s contributions changes, the effective date shall not be earlier than the first day of the pay period following the approval. Any election made by amendment to the contract shall be irrevocable until the contract is terminated. However, benefits provided by the amendment may be increased or improved from time to time by further amendment to the contract. From and after the date specified in the amendment to the contract the provisions, as they are in effect at the time of election and as they may be amended in the future, shall apply to the contracting agency and to its employees, and the rights, privileges, duties, liabilities, and responsibilities of the contracting agency and of each of its employees included in this system shall be governed thereby. (Amended by Stats. 2000, Ch. 1010, Sec. 8. Effective January 1, 2001.)
  97. 20475.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20460 - 20487] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A contracting agency may amend its contract without an employee election, but only if it has fully met related labor-code obligations and the amendment applies uniformly within the specified classifications.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20460 - 20487] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20475. Notwithstanding Section 20474, a contracting agency may amend its contract or previous amendments to its contract, without election among its employees, to reduce benefits, to terminate provisions that are available only by election of the agency to become subject thereto, to provide different benefits or provisions or to provide a combination of those changes with respect to service performed after the effective date of the contract amendment made pursuant to this section, if the contracting agency has fully discharged all of the obligations imposed by Chapter 10 (commencing with Section 3500) of Division 4 of Title 1 with respect to the contract amendments, and if the amendment provides that: (a) The contract amendments apply uniformly with respect to all members within each of the following classifications: local miscellaneous members, local police officers, local firefighters, county peace officers, local sheriffs, local safety members, school safety members, or all local safety members other than local police officers, local firefighters, county peace officers, local sheriffs, local safety members, or school safety members. (b) A member shall be subject to the contract as amended only if, after the effective date of the contract amendment, the member either (1) receives service credit for the first time within a classification, or (2) the member returns to service within a classification following termination of membership as provided for in subdivision (b) of Section 20340 unless the member has redeposited or elects prior to 90 days after returning to service to redeposit contributions pursuant to Section 20750, in which case the member shall not be subject to the contract amendment. Amendments to the contract and amendments of previous amendments to the contract may be effected pursuant to this section only once during any three-year period with respect to each of the classifications. (Amended by Stats. 2009, Ch. 130, Sec. 20. (AB 966) Effective January 1, 2010.)
  98. 20476.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20460 - 20487] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    If a provision in this part requires action by ordinance, a public agency may use a resolution instead, except in the stated city-and-county situation.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20460 - 20487] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20476. Whenever any provision of this part requires action by ordinance, action by resolution is authorized, except with respect to cities and counties, if the governing body of the public agency is authorized to take action by resolution. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  99. 20477.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20460 - 20487] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    If a public agency is headed by one individual, that individual may act by order instead of ordinance for actions this part assigns to ordinance. Also, actions this part assigns to a governing-body agency must be taken by an agency governed by an individual.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20460 - 20487] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20477. If the head of a public agency is an individual, rather than a board or other governing body, all actions required or permitted by this part to be taken by ordinance may be taken by order of the individual, and every action required by this part to be taken by a public agency governed by a governing body shall be taken by a public agency governed by an individual. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  100. 20478.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20460 - 20487] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Certain public agency boards must adopt specified orders, motions, resolutions, or ordinances by the vote required under the relevant authorizing 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 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20460 - 20487] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20478. Notwithstanding any other provision of this part, the board of directors of a metropolitan water district, or the governing body of any other public agency, shall adopt any order, motion, resolution or ordinance, required under the provisions of this part to be adopted by a majority vote or by a two-thirds vote or by any other specified vote, by an affirmative vote as constitutes under the provisions of the Metropolitan Water District Act (Chapter 209 of the Statutes of 1969), or the statute creating or authorizing the organization of any other public agency, a majority vote or a two-thirds vote or other specified vote, as the case may be, of the board or body. (Amended by Stats. 1996, Ch. 906, Sec. 55. Effective January 1, 1997.)
  101. 20479.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20460 - 20487] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Contracts or contract amendments may not be used to give retirement benefits to only some members of certain listed membership classifications, or to give different benefits within those classifications.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20460 - 20487] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20479. Notwithstanding any other provision of law, including, but not limited to, Chapter 10 (commencing with Section 3500) of Division 4 of Title 1, no contract or contract amendment shall be made to provide retirement benefits for some, but not all members of the following membership classifications: local miscellaneous members, local police officers, local firefighters, county peace officers, local sheriffs, local safety officers, or school safety members. No contract or contract amendments shall provide different retirement benefits for a subgroup, including, but not limited to, bargaining units or unrepresented groups, within those membership classifications. This section does not preclude changing membership classification from one membership classification to another membership classification or exclusion of groups of members by contract. For purposes of this section, “benefit” shall not be limited to the benefits set forth in Section 20020. (Amended by Stats. 2009, Ch. 130, Sec. 21. (AB 966) Effective January 1, 2010.)
  102. 20479.5.

    ## 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 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20460 - 20487] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A contracting agency may amend its contract, under a memorandum of understanding, to extend the same retirement formula to some or all other employees in the same member classification.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20460 - 20487] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20479.5. Notwithstanding Section 20479, where a memorandum of understanding entered prior to August 11, 1988, provided a different retirement benefit formula for a subgroup of employees in a member classification, that contracting agency may, pursuant to a memorandum of understanding, amend its contract to provide the same retirement formula applicable to that subgroup to all or part of the contracting agency’s other employees in the same member classification. (Added by Stats. 2000, Ch. 882, Sec. 1. Effective January 1, 2001.)
  103. 20480.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20460 - 20487] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Contracting agency employers and school employers may not let an out-of-class appointment exceed 960 hours in a fiscal year, and they must track the hours and report the service to the system within 30 days after the 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 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20460 - 20487] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20480. (a) An out-of-class appointment by a contracting agency employer or a school employer shall not exceed a total of 960 hours in each fiscal year. (b) A contracting agency employer or school employer shall track the hours worked by an employee serving in an out-of-class appointment and report that service to the system no later than 30 days following the end of each fiscal year. (c) The compensation for an appointment described in subdivision (a) shall be pursuant to a collective bargaining agreement or a publicly available pay schedule. (d) (1) An employer who violates this section shall pay penalties to the system according to the following: (A) An amount of money equal to three times the employee and employer contributions that would otherwise be paid to the system for the difference between the compensation paid for an appointment described in subdivision (a) and the compensation that would have been paid and reported to the system, but for the vacancy, for the position in accordance with a publicly available pay schedule applicable to the vacant position, for the entire period or periods the member serves in an out-of-class appointment. (B) Reimbursement for administrative expenses incurred in responding to this situation. (2) Penalties paid to the system pursuant to this subdivision are not normal contributions or additional contributions that would stand to the credit of a member’s individual account. (e) The member shall bear no liability, obligations, or expense as a result of the unlawful actions of the employer with respect to this section. (f) For purposes of this section, “out-of-class appointment” means an appointment of an employee to an upgraded position or higher classification by the employer or governing board or body in a vacant position for a limited duration. (g) For purposes of this section, “vacant position” refers to a position that is vacant during recruitment for a permanent appointment. “Vacant position” does not refer to a position that is temporarily available due to another employee’s leave of absence. (Amended by Stats. 2018, Ch. 767, Sec. 1. (AB 2696) Effective January 1, 2019.)
  104. 20481.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20460 - 20487] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Contract members from a local system become subject to this part and stop being members of the local 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 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20460 - 20487] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20481. All members of a local system included by contract in this system thereupon become subject to this part and cease to be members of the local system. Payments being made to persons who have retired or their survivors or beneficiaries under the local system on the effective date of the contract, or any subsequent amendment thereto, shall be continued and paid by this system at the rates existing on that date under the local system unless the agency elects in its contract or by amendment thereto to provide a recalculation of retirement allowances for persons retired under the local system on the basis of the provisions of the contract. The liability for those payments shall be included in the computation of the prior service liability of the contracting agency. All members of the local system who are members under provisions continuing membership after termination of service shall be deemed members of this system under Section 20731 with credit in this system for all of the service with regard to which membership was continued under the local system. (Amended by Stats. 2001, Ch. 793, Sec. 8. Effective January 1, 2002.)
  105. 20482.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20460 - 20487] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The contracting agency may, with board approval, choose to keep the local system and cover only part of its members under 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 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20460 - 20487] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20482. Subject to the approval of the board as in the case of all other employees, the contracting agency may elect to continue the local system and to place under this system only a portion of the members of the local system. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  106. 20483.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20460 - 20487] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    If all local system members join this system, the local system must stop operating as provided in the contract; if only some join, it must stop operating for that 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 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20460 - 20487] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20483. If all members of the local system become members of this system, the operation of the local system shall be discontinued as of the date provided for in the contract, and if only a part of the members become members of this system, the operation of the local system shall be so discontinued with respect to that part. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  107. 20484.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20460 - 20487] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    If a member of a reciprocal local system joins this system, the local system’s operation continues despite Section 20483.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20460 - 20487] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20484. Notwithstanding Section 20483, if a member of a local system, which is also a reciprocal system pursuant to Section 20351, elects to join this system as permitted by Section 20504, the operation of the local system shall continue. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  108. 20485.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20460 - 20487] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The Legislature states its intent that contracting agencies and recognized local employee organizations develop alternative retirement plans under a defined contribution program.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20460 - 20487] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20485. It is the intent of the Legislature that contracting agencies in conjunction with recognized local employee organizations, develop alternative retirement plans that provide benefits under a defined contribution program. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  109. 20486.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20460 - 20487] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A contracting agency may transfer certain cash and securities from the local system to this system, and if it does so, the transfer must follow Section 20530.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20460 - 20487] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20486. (a) Notwithstanding Section 20484, a contracting agency that continued the local system for members who elected to become members of this system prospectively pursuant to Section 20504 may transfer to this system the cash and securities to the credit of the local system and held on account of persons who became members of this system. The transfer of cash and securities shall be made pursuant to Section 20530. The service credited under the local system shall be credited under this system as prior service. (b) This section shall not apply to the employees of any contracting agency nor to any contracting agency unless and until the contracting agency elects to be subject to this section by amendment to its contract with the board, made pursuant to Section 20474. (Added by renumbering Section 20521.1 by Stats. 1996, Ch. 906, Sec. 57. Effective January 1, 1997.)
  110. 20487.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20460 - 20487] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A contracting agency or public agency in Chapter 9 bankruptcy may not reject, assume, or assign certain contracts with the board, except with the board’s prior written consent for assumption or 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 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20460 - 20487] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20487. Notwithstanding any other provision of law, no contracting agency or public agency that becomes the subject of a case under the bankruptcy provisions of Chapter 9 (commencing with Section 901) of Title 11 of the United States Code shall reject any contract or agreement between that agency and the board pursuant to Section 365 of Title 11 of the United States Code or any similar provision of law; nor shall the agency, without the prior written consent of the board, assume or assign any contract or agreement between that agency and the board pursuant to Section 365 of Title 11 of the United States Code or any similar provision of law. (Added by renumbering Section 20486 (as added by Stats. 1996, Ch. 502) by Stats. 2000, Ch. 1002, Sec. 4. Effective January 1, 2001.)
  111. 20500.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Contract Provisions [20500 - 20516.5] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A contract may include provisions needed to administer the retirement system if they fit 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 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Contract Provisions [20500 - 20516.5] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20500. The contract may include any provisions consistent with this part and necessary in the administration of this system as it affects the public agency and its employees. Whenever in this part an election is given to contracting agencies to subject themselves and their employees to provisions of this part otherwise not applicable to contracting agencies and their employees by amendment to their contracts with the board, any contract made after the effective date of the provision giving the election may include any provisions necessary to give effect to the election of the contracting agency. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  112. 20501.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Contract Provisions [20500 - 20516.5] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    School employers may include school district employees in this retirement system only for service when those employees are not eligible for membership in the State Teachers’ Retirement Plan.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Contract Provisions [20500 - 20516.5] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20501. Contracts with school employers may include school district employees in this system only with respect to service rendered in a status in which they are not eligible for membership in the State Teachers’ Retirement Plan. (Amended by Stats. 2003, Ch. 519, Sec. 3. Effective January 1, 2004.)
  113. 20502.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Contract Provisions [20500 - 20516.5] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section requires compulsory system membership for employees included under a contract and limits how exclusions can be 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 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Contract Provisions [20500 - 20516.5] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20502. (a) (1) The initial contract shall include in this system all firefighters, police officers, county peace officers, local sheriffs, and other employees of the contracting agency, except as exclusions in addition to the exclusions applicable to state employees may be agreed to by the agency and the board. The contract shall not provide for the exclusion of some, but not all, firefighters, police officers, county peace officers, or local sheriffs. The exclusions of employees, other than firefighters, police officers, county peace officers, or local sheriffs, shall be based on groups of employees such as departments or duties, and not on individual employees. (2) The exclusions of groups shall not be made by amendments to contracts. An amendment to a contract to enumerate or clarify provisions related to groups of employees in a manner that does not expand those already subject to exclusion shall not be considered an exclusion prohibited by this paragraph. (3) Membership in this system is compulsory for all employees included under a contract. (b) This section shall not be construed to supersede Sections 20303 and 20305. (c) The changes to this section made by the act adding this subdivision shall apply to a contract entered into, amended, or extended on and after January 1, 2021. (Amended by Stats. 2020, Ch. 223, Sec. 2. (AB 2967) Effective January 1, 2021.)
  114. 20503.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Contract Provisions [20500 - 20516.5] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A contracting agency may amend its contract to remove exclusions, but only prospectively and not in a way that creates liability for prior service.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Contract Provisions [20500 - 20516.5] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20503. Notwithstanding Section 20055, a contracting agency may amend its contract to remove exclusions prospectively only, and without creating liability for prior service. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  115. 20504.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Contract Provisions [20500 - 20516.5] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A qualifying contracting agency may amend its contract to remove certain employee exclusions, but the amendment cannot create liability for prior service.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Contract Provisions [20500 - 20516.5] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20504. Notwithstanding Section 20055, a contracting agency, which is a reciprocal system pursuant to Section 20351, may amend its contract to remove an exclusion of groups of employees of the reciprocal system who elect to become members of this system prospectively only. The amendment shall not create liability for prior service. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  116. 20505.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Contract Provisions [20500 - 20516.5] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Employees who enter or reenter service with a contracting agency on or after January 1, 1992, must immediately become members of the system if otherwise eligible, and the system may not exclude employees only because they are probationary.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Contract Provisions [20500 - 20516.5] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20505. Notwithstanding any other provision of law, every employee who enters or reenters service with a contracting agency on and after January 1, 1992, shall immediately become a member of this system irrespective of any probationary period, if the employee would otherwise be eligible for membership. This system shall not exclude employees, or groups of employees, solely on the basis of their status as probationary employees. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  117. 20506.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Contract Provisions [20500 - 20516.5] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A contract makes the contracting agency and its employees subject to the retirement-system provisions and amendments that apply to specified members, unless a provision is expressly inapplicable until the agency elects otherwise.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Contract Provisions [20500 - 20516.5] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20506. Any contract heretofore or hereafter entered into shall subject the contracting agency and its employees to all provisions of this part and all amendments thereto applicable to members, local miscellaneous members, or local safety members except those provisions that are expressly inapplicable to a contracting agency until it elects to be subject to those provisions. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  118. 20507.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Contract Provisions [20500 - 20516.5] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A contracting agency with a contract effective on or after January 1, 1974 may be subject to the retirement law, with specified 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 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Contract Provisions [20500 - 20516.5] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20507. A contracting agency whose contract is effective on and after January 1, 1974, that does not become an employer for purposes of Chapter 9 (commencing with Section 20790), or a contracting agency that ceases to be an employer, shall be subject to all provisions of the retirement law as it exists on the date of contract or on the date a contracting agency ceases to be an employer, whichever the case may be, and as it may be amended thereafter excepting the provisions of Chapter 9, other than Section 20834, and those amendments thereafter as are expressly made inapplicable to a contracting agency until the agency elects to be subject thereto. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  119. 20508.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Contract Provisions [20500 - 20516.5] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A succeeding agency may become a contracting agency, and the former and succeeding agencies may agree on how to apportion and adjust payments for service credit liability.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Contract Provisions [20500 - 20516.5] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20508. When a contracting agency is succeeded by another agency, whether or not the former agency ceases to exist, or when the functions of a contracting agency are assumed by a succeeding agency, the succeeding agency, may, if it is not already a contracting agency, become a contracting agency of this system. If a succeeding agency is or becomes a contracting agency, the contract of the former agency shall be merged into the contract of the succeeding agency. Whenever there is a merger of contracts pursuant to this section, whether in whole or in part, the assumed contracts, or portions thereof, of the former agency’s contract shall cease to exist and the contract of the succeeding agency shall be deemed a continuation of the prior agency’s contract. However, any changes in contract terms in the succeeding agency’s contract with respect to employees of the former agency shall be considered as a new contract with respect to those provisions. Accumulated contributions held for or made by the former agency and its employees, and assets derived from those contributions, shall be merged with analogous contributions under the contract of the succeeding agency. Credit for prior and current service to members under the former agency’s contract, which accrued while they were eligible for membership, shall not be reduced by the merger. Employees of a noncontracting public agency included in the succeeding agency contract shall become members in the manner applicable to employees of other contracting agencies and shall receive credit for service accordingly. The liability to this system with respect to service credited under the former agency’s contract shall become a contractual liability of the succeeding agency. The former and succeeding agencies may agree to apportion and adjust between them any payments with respect to service credit liability. However, no agreement shall operate to defeat the liability of the succeeding agency with respect to that service. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  120. 20508.3.

    ## 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 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Contract Provisions [20500 - 20516.5] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A successor agency may provide affected employees the same defined benefit plan or formula they had before annexation.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Contract Provisions [20500 - 20516.5] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20508.3. A successor agency, pursuant to Section 20508, for the El Dorado County Fire Protection District and the Diamond Springs-El Dorado Fire Protection District may provide employees the defined benefit plan or formula that those employees received from their respective employer prior to the annexation. (Added by Stats. 2024, Ch. 888, Sec. 1. (SB 1240) Effective September 28, 2024.)
  121. 20508.4.

    ## 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 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Contract Provisions [20500 - 20516.5] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A specified successor agency may provide certain employees the defined benefit plan or formula they had before annexation.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Contract Provisions [20500 - 20516.5] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20508.4. A successor agency, pursuant to Section 20508, for the Humboldt No. 1 Fire Protection District and City of Eureka Fire Department may provide employees the defined benefit plan or formula that those employees received from their respective employer prior to the annexation. This section is applicable to all employees of the Humboldt No. 1 Fire Protection District who were employed at the time of annexation and remain employed at the successor agency on January 1, 2026. (Added by Stats. 2025, Ch. 110, Sec. 2. (SB 156) Effective September 17, 2025.)
  122. 20508.5.

    ## 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 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Contract Provisions [20500 - 20516.5] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A successor agency may continue the employees’ prior defined benefit plan or formula, and it must designate the surviving contract within 180 days of consolidation.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Contract Provisions [20500 - 20516.5] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20508.5. On and after June 30, 2020, a successor agency, pursuant to Section 20508, for the Central Fire Protection District and the Aptos/La Selva Fire Protection District may provide employees the defined benefit plan or formula that those employees received from their respective employer prior to the consolidation. The successor agency shall designate the surviving contract within 180 days of the consolidation. (Added by Stats. 2020, Ch. 65, Sec. 1. (AB 1140) Effective January 1, 2021.)
  123. 20509.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Contract Provisions [20500 - 20516.5] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    If a school district is succeeded by or attached to another contracting school district, the board must determine accumulated contributions and transfer them to the new contract. A school district formed after October 1, 1961 may not participate in the system except as Chapter 6 allows.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Contract Provisions [20500 - 20516.5] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20509. When a school district ceases to exist and is succeeded by, or the territory thereof is attached to, another school district that is a contracting agency, the contract under which the contracting agency participates in this system shall be considered, with respect to the former district and its employees, a continuation of the contract under which the former district participated, with the changes as the succeeding contract contains. The board shall determine the amount of accumulated contributions held under the contract of the county superintendent of schools which had been made by the former district, and the contributions shall be transferred to the credit of the contract under which the succeeding district participates. Nothing in this section or Section 20508 shall authorize a school district, the formation of which becomes effective for all purposes after October 1, 1961, to participate in this system except as provided in Chapter 6 (commencing with Section 20610). (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  124. 20510.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Contract Provisions [20500 - 20516.5] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    If a hospital becomes a contracting agency, the city, hospital, and board must make an agreement covering retirement rights, unpaid costs, and payment 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 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Contract Provisions [20500 - 20516.5] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20510. When a hospital becomes a contracting agency pursuant to subdivision (p) of Section 20057, the contract shall be construed as a continuation of the city’s contract for all purposes of this part, and the sponsoring city, the hospital, and the board shall enter into an agreement under the terms of which hospital employees shall retain, under the hospital’s contract, all of the retirement rights and benefits that have accrued to them under the city’s contract. The board shall compute the unpaid costs, if any, of the accrued rights and benefits, and the city shall pay to the board that amount in a manner and at times satisfactory to all parties to the agreement. Thereafter, the city shall be relieved and discharged from all liabilities on account of rights and benefits that have accrued to the hospital employees, and the hospital shall then become liable for those rights and benefits under its contract with the board. On and after the effective date of the hospital’s contract with the board, neither the city nor the hospital shall be an employer as defined in Section 20790. All employees of the city who have retired or separated from employment prior to the effective date of the hospital’s contract shall be treated as retired city employees or former city employees, as the case may be, for all purposes of this part, whether or not they ever worked in the hospital. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  125. 20511.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Contract Provisions [20500 - 20516.5] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    When an agency contract is merged into another, transferred members must follow the succeeding agency’s contract, and certain prior-service credit and liability 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 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Contract Provisions [20500 - 20516.5] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20511. Notwithstanding this article or Article 5 (commencing with Section 20570), when all or a portion of one agency’s contract is merged into that of another, the retirement allowances may be computed separately for service under the former contract and service under the succeeding contract. In these cases, a transferred member shall be subject to the terms and conditions of the succeeding agency’s contract as the member was a new employee of the succeeding agency at the time of transfer. Furthermore, when all or a portion of one agency’s contract is merged into that of another, and when eligibility for membership is different between the two contracts, the differences shall not create prior service liabilities as against either agency, and transferred members shall not be entitled under either contract to credit for service rendered when they were not eligible for membership. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  126. 20512.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Contract Provisions [20500 - 20516.5] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A contracting agency may choose separately how to apply this provision to different 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 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Contract Provisions [20500 - 20516.5] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20512. Whenever in this part an election is given to contracting agencies to subject themselves and their employees to provisions of this part otherwise not applicable to contracting agencies and their employees, a contracting agency may exercise the right of election independently with respect to its employees included in the insurance system established under Title II of the Social Security Act and with respect to its employees not so included and with respect to those employees who are local police officers, local firefighters, county peace officers, local safety members other than local police officers or local firefighters or county peace officers, and local miscellaneous members. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  127. 20513.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Contract Provisions [20500 - 20516.5] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Certain school district contracts are automatically subject to Section 20514 and must include all provisions allowed by that 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 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Contract Provisions [20500 - 20516.5] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20513. Notwithstanding the election given in Section 20514 to contracting agencies, whether to subject themselves and their employees thereto, the contract of school districts in which the average daily attendance of all districts combined is in excess of 400,000 and which are governed by the same governing board, without action by the governing board, shall be subject to that section and shall include all provisions authorized by Section 20514 to be included therein by contract amendment. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  128. 20514.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Contract Provisions [20500 - 20516.5] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    When certain coverage timing and reduced-benefit conditions apply, member contributions must be transferred and any excess retroactive employee contribution amount must be handled as this section provides.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Contract Provisions [20500 - 20516.5] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20514. If the effective date of coverage under the federal system of members who are employees of a contracting agency under this system is prior to the time employee federal contributions are first deducted from the salaries and wages of the employees and a reduced benefit is provided with respect to service from and after the effective date of coverage, member contributions shall be transferred in the manner and to the extent provided in this section to the Old Age and Survivors’ Insurance Revolving Fund and applied to payment of employee federal contributions for the period prior to the deductions. There shall be transferred from the member’s accumulated contributions an amount equal to employee federal contributions due for the member. The amount so transferred shall not exceed the difference between the total normal contributions of the member and the normal contributions that would have been credited to his or her account had the reduced rate of contribution provided in the amended contract with the public agency been in effect from and after the effective date of coverage, assuming that contributions in any year were made in equal monthly installments. The amount by which the retroactive employee contributions due for a member exceeds the amount transferred from the employee account shall be transmitted to the fund by the contracting agency and constitute an indebtedness of the member to the employer and a lien on any salary or wages payable to the employee or on his or her account. If the contract is or has been amended to provide for the transfer of retroactive employee contributions in the manner provided in this section, the amount by which the total normal contributions of each member for the period subsequent to the effective date of coverage under the federal system less the total normal contributions that would have been credited to the account of the member had the reduced rate of contribution provided in the amended contract with the public agency been in effect from and after that date of coverage exceed the employee federal contributions for the member for the period after the date of coverage, shall be paid to the member. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  129. 20515.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Contract Provisions [20500 - 20516.5] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A contracting agency may, if it included this section in its contract with the board by the deadline, treat certain service covered by the federal system as not covered for most purposes, with an exception for Article 3 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 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Contract Provisions [20500 - 20516.5] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20515. (a) A contracting agency that has included this section in its contract with the board, by express provision or by amendment, on or before December 31, 2001, may provide that, notwithstanding any other provision of this part, service that was in fact also covered under the federal system shall not be deemed as service that was also covered under the federal system, for all purposes of this part, except for the benefits provided by Article 3 (commencing with Section 21570) of Chapter 14. The amendment shall only be applicable to persons who are employed on and after the effective date of the amendment. (b) The amendment made to this section by Chapter 636 of the Statutes of 1994 shall apply only to a contracting agency that includes this section in its contract on and after January 1, 1995, and on or before December 31, 2001. (Amended by Stats. 2001, Ch. 793, Sec. 9. Effective January 1, 2002.)
  130. 20516.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Contract Provisions [20500 - 20516.5] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section lets a contracting agency and its employees agree in writing to share employer contribution costs, and it limits how that cost sharing can be set and collected.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Contract Provisions [20500 - 20516.5] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20516. (a) Notwithstanding any other provision of this part, with or without a change in benefits, a contracting agency and its employees may agree, in writing, to share the costs of the employer contribution. The cost sharing pursuant to this section shall also apply for related nonrepresented employees as approved in a resolution passed by the contracting agency. (b) The collective bargaining agreement or memorandum of understanding ratified by the employee bargaining unit and the governing body of the contracting agency shall specify the exact percentage of member compensation that shall be paid toward the current service cost of the benefits by members or the methodology for calculating that cost-sharing rate. The member contributions shall be contributions over and above normal contributions otherwise required by this part and shall be treated as normal contributions for all purposes of this part. The contributions shall be uniform, except as described in subdivision (c), with respect to all members within each of the following classifications: local miscellaneous members, local police officers, local firefighters, county peace officers, and all local safety members other than local police officers, local firefighters, and county peace officers. The balance of any costs shall be paid by the contracting agency and shall be credited to the employer’s account. An employer shall not use impasse procedures to impose member cost sharing on any contribution amount above that which is authorized by law. (c) Member cost sharing may differ by classification for groups of employees subject to different levels of benefits pursuant to Sections 7522.20, 7522.25, and 20475, or by a recognized collective bargaining unit if agreed to in a memorandum of understanding reached pursuant to the applicable collective bargaining laws. (d) This section shall not apply to any contracting agency nor to the employees of a contracting agency until the agency elects to be subject to this section by contract or by amendment to its contract made in the manner prescribed for approval of contracts. Contributions provided by this section shall be withheld from member compensation or otherwise collected when the contract amendment becomes effective. Once the contracting agency elects to be subject to this section, contract amendments shall not be required to effectuate cost sharing in subsequent collective bargaining agreements or memoranda of understanding ratified by the employee bargaining unit and the governing body of the agency; provided, however, that if a collective bargaining agreement or memorandum of understanding sets forth a methodology for calculating the cost-sharing rate instead of an exact percentage, the contracting agency shall provide the retirement system with a signed side letter ratified by the employee bargaining unit and the agency indicating the exact percentage at least 90 days prior to the effective date of the cost-sharing rate as set forth in the signed side letter. (e) For the purposes of this section, all contributions, liabilities, actuarial interest rates, and other valuation factors shall be determined on the basis of actuarial assumptions and methods that, in the aggregate, are reasonable and that, in combination, offer the actuary’s best estimate of anticipated experience under this system. (f) Nothing in this section shall preclude a contracting agency and its employees from independently agreeing in a memorandum of understanding to share the costs of any benefit, in a manner inconsistent with this section. However, any agreement in a memorandum of understanding that is inconsistent with this section shall not be part of the contract between this system and the contracting agency. (g) If, and to the extent that, the board determines that a cost-sharing agreement under this section would conflict with Title 26 of the United States Code, the board may refuse to approve the agreement. (h) Nothing in this section shall require a contracting agency to enter into a memorandum of understanding or collective bargaining agreement with a bargaining representative in order to increase the amount of member contributions when such a member contribution increase is authorized by other provisions under this part. (Amended by Stats. 2018, Ch. 213, Sec. 1. (AB 2310) Effective January 1, 2019.)
  131. 20516.5.

    ## 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 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Contract Provisions [20500 - 20516.5] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Employees must pay at least 50% of normal costs, employers must not pay the required employee contribution, and an employer must complete good-faith bargaining before implementing certain changes.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Contract Provisions [20500 - 20516.5] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20516.5. (a) Equal sharing of normal costs between a contracting agency or school employer and their employees shall be the standard. It shall be the standard that employees pay at least 50 percent of normal costs and that employers not pay any of the required employee contribution. (b) Notwithstanding any other provision of this part, a contracting agency or a school district may require that members pay 50 percent of the normal cost of benefits. However, that contribution shall be no more than 8 percent of pay for local miscellaneous or school members, no more than 12 percent of pay for local police officers, local firefighters, and county peace officers, and no more than 11 percent of pay for all local safety members other than police officers, firefighters, and county peace officers. (c) Before implementing any change pursuant to subdivision (b), for any represented employees, the employer shall complete the good faith bargaining process as required by law, including any impasse procedures requiring mediation and factfinding. Subdivision (b) shall become operative on January 1, 2018. Subdivision (b) shall not apply to any bargaining unit when the members of that contracting agency or school district are paying for at least 50 percent of the normal cost of their pension benefit or the contribution rates specified in subdivision (b) under an agreement reached pursuant to Section 20516. (Added by Stats. 2012, Ch. 296, Sec. 21. (AB 340) Effective January 1, 2013.)
  132. 20530.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Contracting Agency Financial Obligations [20530 - 20538] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The board must credit delayed transferred assets as interest income when immediate transfer would cause hardship, and the local system’s governing body or head must certify member contribution proportions and shares.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Contracting Agency Financial Obligations [20530 - 20538] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20530. Any cash and securities to the credit of the local system and held on account of persons who become members of this system shall be transferred to this system, as of the effective date of the contract. The board may make arrangements with the agency for the transfer of assets, other than an amount equal to the total member contributions, over an appropriate period following the effective date of the contract, if it finds that transfer as of the effective date is not possible without hardship to the agency because of contractual restrictions on the return of assets of the local system held by an insurance carrier. The board shall in that case credit, as interest income, the portion of the assets transferred as is necessary to compensate the retirement fund for loss of earnings because of the delay in transfer, the amount to be determined by applying a rate that is equal to the difference between the average rate of earnings of the fund on investments made in fixed income securities during the fiscal year preceding the date of contract and the annual interest rate to the balance of the assets not transferred. The value at which the securities shall be credited to the contracting agency shall be determined by the board. In crediting transferred cash, as the contracting agency’s contributions, the board may fix the credit, by writing down the book value of securities purchased with that cash, at an amount that will result in an interest return under the securities at least equal to the current rate of interest credited to contributions. As of that date, the governing body or head of the local system shall certify the proportion, if any, of its funds that represents the accumulated contributions of the members, and the relative shares of the members. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  133. 20530.1.

    ## 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 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Contracting Agency Financial Obligations [20530 - 20538] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A covered contracting agency may ask that earlier employee service be credited in the retirement system, and the board may arrange delayed transfers or charge interest in limited 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 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Contracting Agency Financial Obligations [20530 - 20538] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20530.1. (a) An agency whose contract provides for participation of its employees in this system may request the employees’ service, with the contracting agency, prior to the date the employees became members of this system, be credited under this system. If the employees are members of a local retirement system and received service and contribution credits under that local retirement system, credit in this system may be granted if the system administrator certifies that the local system may be transferred. (b) This section shall apply only to members employed by the contracting agency on the effective date of the contract or the amendment to the contract in which the contracting agency elects to be subject to the provisions of this section. Any cash and securities to the credit of the local retirement system and held on account of affected employees shall be transferred to this system as of said effective date. (c) Notwithstanding subdivision (b), the board may make arrangements with the agency for the transfer of all or a portion of assets, or all or a portion of service credit, over an appropriate period following the effective date of the contract or the amendment to the contract, if it finds that transfer as of the effective date is not possible without hardship to the agency or its employees. Nothing in these arrangements for the partial transfer of assets or service credit shall affect the crediting of service for purposes of determining eligibility for benefits under this system. Interest may be charged at the discretion of the board. (d) This section may not apply to any contracting agency unless and until the agency elects to be subject to this section by contract or amendment to the contract made in the manner prescribed for approval of contracts. (Amended by Stats. 2003, Ch. 10, Sec. 5. Effective May 14, 2003.)
  134. 20531.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Contracting Agency Financial Obligations [20530 - 20538] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section says how certain member shares and transferred funds are credited and offset, and it gives some former members a right to service credit if they deposit withdrawn 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 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Contracting Agency Financial Obligations [20530 - 20538] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20531. (a) Shares of members in the funds of a local employer shall be credited to the respective individual accounts of the local agency members who have been included in this system, and administered as if made during membership in this system, except that the annuity provided by those contributions with accumulated interest shall be deducted first from the pension that otherwise would be payable on account of prior service and the balance of the contributions with accumulated interest shall be deducted from the pension that otherwise would be payable on account of current service. The total of the funds transferred to this system shall be offset against the prior or current service liability, as the case may be, before determining the contribution to be paid by the contracting agency. (b) A former member of the local retirement system who withdrew any contributions prior to the effective date of that agency’s contract with this system is entitled to credit for the service upon which those contributions were made if he or she elects to deposit any of those withdrawn contributions with this system under the terms and conditions specified in Section 20750. Any amounts so deposited with this system shall be administered as provided in this section. (c) As used in subdivision (b), “former member” shall also include any former member of the local retirement system who failed to exercise the right of election pursuant to paragraph (3) of subdivision (b) of Section 24810 of the Education Code. (Added by renumbering Section 20523 by Stats. 1996, Ch. 906, Sec. 58. Effective January 1, 1997.)
  135. 20532.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Contracting Agency Financial Obligations [20530 - 20538] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The contracting agency must make and pay employee contributions to the system, subject to actuarial recommendation, board approval, and certification.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Contracting Agency Financial Obligations [20530 - 20538] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20532. The contracting agency shall make the contribution for its employees in this system, as recommended by the actuary and approved by the board and certified by it to the contracting agency. The contribution may consist of fixed sums, percentages of compensation of contract members, or both, and shall be paid to this system as provided in the contract. The actual contribution is subject to adjustment by the board as may be necessary on account of any additional prior service credits that the contracting agency may desire to provide for its employees in this system or on account of experience under this system as determined by periodical investigation, valuation and determination required to be made by the board, including adjustments determined as necessary by the board, even after the total contributions determined, plus subsequent adjustments, if any, have been completely paid. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  136. 20533.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Contracting Agency Financial Obligations [20530 - 20538] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    If reported compensation must be corrected, the employer must compute employer contributions using the rate that was in effect when the adjusted compensation was earned.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Contracting Agency Financial Obligations [20530 - 20538] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20533. The employer contribution rate adopted under this part, or because of amendments to the contract or to this part, apply to all compensation upon the basis of which member’s contributions are deducted after those employer contribution rates became or become effective. If correction of the amount of compensation reported is required, the employer contributions shall be computed using the employer contribution rate in effect at the time that the compensation requiring adjustment was earned. (Amended by Stats. 2014, Ch. 237, Sec. 3. (AB 2472) Effective January 1, 2015.)
  137. 20534.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Contracting Agency Financial Obligations [20530 - 20538] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The board may arrange with a contracting agency for payment of prior service liability if the board’s financial condition allows it.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Contracting Agency Financial Obligations [20530 - 20538] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20534. The board may make arrangements with any contracting agency for the payment of the prior service liability on terms that its financial condition will permit. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  138. 20535.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Contracting Agency Financial Obligations [20530 - 20538] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A public agency must pay the costs of initially determining approximate and actual employee contributions, and must pay the consulting actuary and the board directly for covered 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 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Contracting Agency Financial Obligations [20530 - 20538] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20535. The expense of determining initially the approximate and actual contributions, with respect to its employees, shall be assessed against and paid by the public agency on whose account it is incurred. Payment shall be made directly to the consulting actuary, if any, and directly to the board for services rendered by its employees. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  139. 20536.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Contracting Agency Financial Obligations [20530 - 20538] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The board may add reasonable administrative costs to a contracting agency’s contribution each year, and may charge a reasonable amount if the agency fails to submit reports or forward contributions on time. The board must provide cost information to a contracting agency on request.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Contracting Agency Financial Obligations [20530 - 20538] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20536. (a) The board may include each year in the contribution required of the contracting agency a reasonable amount, which may differ from agency to agency, to cover the costs of administering this system as it affects the active and retired employees of that agency. The board may also assess a contracting agency a reasonable amount to cover costs incurred because of the agency’s failure to submit reports and forward contributions on a timely basis. The payments shall be credited to the current appropriation for support of the board and available for expenditure by the board. (b) Upon request, the board shall provide information to a contracting agency concerning the amount of administrative costs to be charged to each contracting agency with respect to those plans within the system in which the contracting agency participates. (Amended by Stats. 2004, Ch. 190, Sec. 1. Effective January 1, 2005.)
  140. 20537.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Contracting Agency Financial Obligations [20530 - 20538] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The board may charge interest on unpaid payments owed by a contracting agency, at a simple annual rate of 10 percent, until payment is received.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Contracting Agency Financial Obligations [20530 - 20538] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20537. The board may charge interest on the amount of any payment due and unpaid by a contracting agency until payment is received. Interest shall be charged at a simple annual rate of 10 percent. The interest shall be deemed interest earnings for the year in which the late payment is received. (Amended by Stats. 2023, Ch. 159, Sec. 3. (SB 885) Effective January 1, 2024.)
  141. 20538.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Contracting Agency Financial Obligations [20530 - 20538] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Contracting agencies must pay amounts due to the retirement system by electronic funds transfer using a board-prescribed method.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Contracting Agency Financial Obligations [20530 - 20538] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20538. (a) All amounts due to the retirement system by a contracting agency under this part shall be paid through an electronic funds transfer method prescribed by the board. This payment requirement is effective upon declaration by the board. (b) A contracting agency that is unable, for good cause, to comply with subdivision (a), may apply to the board for a waiver that allows the agency to pay in an alternate manner as prescribed by the board, but not by credit card payment. (Added by Stats. 2009, Ch. 118, Sec. 3. (AB 637) Effective January 1, 2010.)
  142. 20550.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Alternative Supplemental Service Retirement Plans for Local Miscellaneous Members of Riverside County [20550 - 20556] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Riverside County may amend its contract to provide alternate retirement benefits under this article, and contracting agencies must give eligible members information, counseling, and an election document.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Alternative Supplemental Service Retirement Plans for Local Miscellaneous Members of Riverside County [20550 - 20556] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20550. Notwithstanding any provision of this chapter, Riverside County may, after executing an agreement therefor, separate and apart from Chapter 10 (commencing with Section 3500) of Division 4 of Title 1, with representatives of recognized employee organizations, as defined by subdivision (b) of Section 3501, amend its contract to provide the alternate benefit afforded by Section 20552 for its local miscellaneous members whose service is included in the federal system and the benefit afforded by Section 20553 for all its local miscellaneous members. The employer’s contribution rate shall be fixed pursuant to this article. Participation in the plan afforded by this article shall be available to any employee of the contracting agency who is a local miscellaneous member subject to Section 21353 on the day immediately preceding the effective date of a contract amendment entered into pursuant to this article. Each contracting agency shall ensure that each eligible member receives sufficient information to permit an informed election, is counseled regarding the financial implications of the foregoing choices, and receives an election document. The election document shall be filed with the contracting agency. A local miscellaneous member who is subject to this article shall also be subject to all other provisions of this part. However, in the event of a conflict, this article shall supersede and prevail over provisions or the application of provisions otherwise contained in this part. (Amended by Stats. 1996, Ch. 906, Sec. 61. Effective January 1, 1997.)
  143. 20551.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Alternative Supplemental Service Retirement Plans for Local Miscellaneous Members of Riverside County [20550 - 20556] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Certain local miscellaneous members may make an irrevocable election during an annual 120-day open period to switch the retirement benefits that will apply to future 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 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Alternative Supplemental Service Retirement Plans for Local Miscellaneous Members of Riverside County [20550 - 20556] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20551. A person who becomes a local miscellaneous member of a contracting agency on or after the effective date of the agency’s contract to be subject to this article shall be subject to the benefits provided in Section 21353 but may, during an open 120-day period in each calendar year, to be determined by the contracting agency, make an irrevocable election to be subject, for all future local miscellaneous service with the contracting agency on and after the first of the month following the filing of the election with the employer, to the benefits provided by Section 20552 or Section 20553. A current member may make an irrevocable election to be subject to the benefits provided for in this article for all future local miscellaneous service with the contracting agency during an annual open 120-day period to be determined by the contracting agency and that shall be effective on the first of the month following the filing of the election with the employer. Notwithstanding any other provision of this article, a member who has elected to be subject to Section 20552 may, at any annual open period next following the attainment of 10 years of credited service with the contracting agency, irrevocably elect to be subject, prospectively only, to the benefits provided by Section 21353 or Section 20553. Any person who makes that election may never thereafter change that election. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  144. 20552.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Alternative Supplemental Service Retirement Plans for Local Miscellaneous Members of Riverside County [20550 - 20556] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section sets the retirement formula for certain local miscellaneous members and says a member must be retired for service on written application if the member is age 55 and has five years of 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 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Alternative Supplemental Service Retirement Plans for Local Miscellaneous Members of Riverside County [20550 - 20556] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20552. The combined current and prior service pensions for a local miscellaneous member whose service is subject to this article is a pension derived from the contributions of the employee which, when added to the service retirement annuity that is derived from the accumulated normal contributions of the member at the date of retirement shall equal the fraction of one-hundredth of the member’s final compensation set forth opposite the member’s age at retirement taken to the preceding completed quarter year in the following table, multiplied by the member’s number of years of local miscellaneous service subject to this article: Age at Retirement Fraction 55 ........................ .5000 55¼ ........................ .5250 55½ ........................ .5500 55¾ ........................ .5750 56 ........................ .6000 56¼ ........................ .6250 56½ ........................ .6500 56¾ ........................ .6750 57 ........................ .7000 57¼ ........................ .7250 57½ ........................ .7500 57¾ ........................ .7750 58 ........................ .8000 58¼ ........................ .8250 58½ ........................ .8500 58¾ ........................ .8750 59 ........................ .9000 59¼ ........................ .9250 59½ ........................ .9500 59¾ ........................ .9750 60 ........................ 1.0000 60¼ ........................ 1.0250 60½ ........................ 1.0500 60¾ ........................ 1.0750 61 ........................ 1.1000 61¼ ........................ 1.1250 61½ ........................ 1.1500 61¾ ........................ 1.1750 62 ........................ 1.2000 62¼ ........................ 1.2250 62½ ........................ 1.2500 62¾ ........................ 1.2750 63 ........................ 1.3000 63¼ ........................ 1.3250 63½ ........................ 1.3500 63¾ ........................ 1.3750 64 ........................ 1.4000 64¼ ........................ 1.4250 64½ ........................ 1.4500 64¾ ........................ 1.4750 65 ........................ 1.5000 Notwithstanding any other provision of this part, the retirement allowance formula for any member subject to this section who has 35 years of credited service and attains age 55 years, is the fraction of final compensation set forth above at age 65 multiplied by the current and prior service subject to this section that the member is credited with at retirement. A local miscellaneous member subject to this section shall be retired for service upon his or her written application to the board if he or she has attained age 55 and is credited with five years of state service. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  145. 20553.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Alternative Supplemental Service Retirement Plans for Local Miscellaneous Members of Riverside County [20550 - 20556] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section sets a formula for a local miscellaneous member’s retirement pension and allows service retirement at age 50 with five years of state service, on written application 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 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Alternative Supplemental Service Retirement Plans for Local Miscellaneous Members of Riverside County [20550 - 20556] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20553. The combined current and prior service pensions for a local miscellaneous member whose service is subject to this section is a pension derived from the contributions of the employer sufficient, when added to the service retirement annuity that is derived from the accumulated normal contributions of the member at the date of retirement, to equal the fraction of one-fiftieth of the member’s final compensation set forth opposite the member’s age at retirement, taken to the preceding completed quarter year, in the following table, multiplied by the number of years of local miscellaneous service subject to this article, with which the member is entitled to be credited at retirement: Age of Retirement Fraction 50 ........................ .688 50¼ ........................ .698 50½ ........................ .709 50¾ ........................ .719 51 ........................ .730 51¼ ........................ .741 51½ ........................ .753 51¾ ........................ .764 52 ........................ .776 52¼ ........................ .788 52½ ........................ .800 52¾ ........................ .813 53 ........................ .825 53¼ ........................ .839 53½ ........................ .852 53¾ ........................ .865 54 ........................ .879 54¼ ........................ .893 54½ ........................ .908 54¾ ........................ .923 55 ........................ .937 55¼ ........................ .953 55½ ........................ .969 55¾ ........................ .985 56 ........................ 1.000 56¼ ........................ 1.017 56½ ........................ 1.034 56¾ ........................ 1.050 57 ........................ 1.067 57¼ ........................ 1.084 57½ ........................ 1.101 57¾ ........................ 1.119 58 ........................ 1.136 58¼ ........................ 1.154 58½ ........................ 1.173 58¾ ........................ 1.191 59 and over ........................ 1.209 The fraction specified in the above table shall be reduced by one-third as applied to that part of final compensation that does not exceed four hundred dollars ($400) per month for all service of a member that has also been included in the federal system. A local miscellaneous member subject to this section shall be retired for service upon his or her written applications to the board if he or she has attained age 50 and is credited with five years of state service. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  146. 20554.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Alternative Supplemental Service Retirement Plans for Local Miscellaneous Members of Riverside County [20550 - 20556] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A local miscellaneous member subject to Section 20552 must have a normal contribution rate of 2% of compensation. A contracting agency may pay all or part of the member’s normal 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 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Alternative Supplemental Service Retirement Plans for Local Miscellaneous Members of Riverside County [20550 - 20556] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20554. Notwithstanding any provision of Chapter 8 (commencing with Section 20670), the normal rate of contribution for a local miscellaneous member subject to Section 20552 shall be 2 percent of the compensation paid to the member. A contracting agency may pay all or a portion of the normal contributions required to be paid by a local miscellaneous member pursuant to Section 20691. This section shall be construed as if it were a part of Chapter 8 (commencing with Section 20670). (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  147. 20555.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Alternative Supplemental Service Retirement Plans for Local Miscellaneous Members of Riverside County [20550 - 20556] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Local miscellaneous members subject to Section 20553 must contribute 8.25% of monthly compensation, with a different base if the service is included 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 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Alternative Supplemental Service Retirement Plans for Local Miscellaneous Members of Riverside County [20550 - 20556] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20555. (a) The normal rate of contribution for a local miscellaneous member subject to Section 20553 whose service is not included in the federal system shall be 8.25 percent of the compensation per month paid to the member. (b) The normal rate of contribution for a local miscellaneous member whose service is included in the federal system shall be 8.25 percent of compensation in excess of one hundred thirty-three dollars and thirty-three cents ($133.33) per month paid to the member. The rates of contribution established for local miscellaneous members in this section shall apply only to the compensation paid the member on and after the date that the member becomes subject to Section 20553. This section shall be construed as if it were part of Chapter 8 (commencing with Section 20670). (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  148. 20556.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Alternative Supplemental Service Retirement Plans for Local Miscellaneous Members of Riverside County [20550 - 20556] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A contracting agency covered by this article cannot reduce its employer contribution rate just because social security coverage overlaps.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Alternative Supplemental Service Retirement Plans for Local Miscellaneous Members of Riverside County [20550 - 20556] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20556. The employer contribution rate of a contracting agency subject to this article shall not be reduced because of concurrent coverage of social security. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  149. 20570.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Termination of Contracts [20570 - 20593] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section lets a governing body terminate an eligible contract if stated conditions are met and required notices and votes are completed.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Termination of Contracts [20570 - 20593] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20570. (a) (1) If the contract has been in effect for at least five years and was approved by an ordinance or resolution adopted by the governing body of the contracting agency, the governing body may terminate it by completing all of the following: (A) Adopting a resolution giving notice of intention to terminate. (B) Notifying, in writing, the contracting agency’s past and present employees, who are members, former members, or retired members of the system, within 30 days of the adoption of the resolution giving notice of intention to terminate. (i) Within seven days of receipt of the resolution noticing the contracting agency’s intention to terminate, the board shall provide the contracting agency with contact information data in its possession for the purpose of providing past employee members, former members, and retired members the notice required by this subparagraph. The contact information data shall be provided to the contracting agency in an open format that is platform independent, machine readable, retrievable, downloadable, indexable, and electronically searchable by commonly used Internet search applications. (ii) Within 14 days of receipt of the contact information data described in clause (i), the contracting agency shall provide written notice to past employee members, former members, and retired members of the adoption of the resolution giving notice of intention to terminate. (iii) The contracting agency shall not be liable for failure to provide the notice required pursuant to this subparagraph to a member if the contact information data received for that member is incomplete or incorrect. (C) Adopting an ordinance or resolution terminating the contract, not less than 90 days and not more than one year after the system’s receipt of the resolution giving notice of intention to terminate, by the affirmative vote of at least two-thirds of the members of the governing body. (2) Termination shall be effective with board approval on the date designated in the ordinance or resolution terminating the contract, provided that the effective date of termination shall not be earlier than the date the governing body adopts the ordinance or resolution terminating the contract. (b) (1) If the contract is a joint contract and the joint contract has been in effect for at least five years, the contract may be terminated by completing all of the following: (A) Adopting trial court and county resolutions giving notice of intention to terminate. (B) Notifying, in writing, the trial court’s and county’s past and present employees, who are members, former members, or retired members of the system, within seven days of the adoption of the resolutions giving notice of intention to terminate. (i) Within seven days of receipt of the trial court and county resolutions noticing their intention to terminate, the board shall provide each contracting agency with contact information data in its possession for the purpose of providing its past employee members, former members, and retired members the notice required by this subparagraph. The contact information data shall be provided to the contracting agency in an open format that is platform independent, machine readable, retrievable, downloadable, indexable, and electronically searchable by commonly used Internet search applications. (ii) Within 14 days of receipt of the contact information data described in clause (i), each contracting agency shall provide written notice to its past employee members, former members, and retired members of the adoption of the resolution giving notice of intention to terminate. (iii) A contracting agency shall not be liable for failure to provide the notice required pursuant to this subparagraph to a member if the contact information data received for that member is incomplete or incorrect. (C) Adopting ordinances or resolutions terminating the joint contract, not less than 90 days and not more than one year after the system’s receipt of the resolution giving notice of intention to terminate, by the affirmative vote of at least two-thirds of the members of the governing body of the county, and by the presiding officer of the trial court. (2) Termination shall be effective with board approval on the date designated in the ordinance terminating the contract, provided that the effective date of termination shall not be earlier than the date the governing body of the county and the presiding officer of the trial court adopts or approves the ordinance or resolution terminating the contract, whichever is later. (Amended by Stats. 2018, Ch. 732, Sec. 2. (SB 1022) Effective January 1, 2019.)
  150. 20571.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Termination of Contracts [20570 - 20593] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section lets a contracting agency terminate a contract only if stated conditions are met, requires notice to affected members at least 90 days before the vote, and requires the board to provide contact information within seven days of a request.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Termination of Contracts [20570 - 20593] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20571. (a) If the contract has been in effect for at least five years and was approved by an ordinance adopted by a majority vote of the electorate, termination by the contracting agency may be effected not less than 90 days and not more than one year after authority has been granted by ordinance adopted by a majority vote of the electorate of the contracting agency voting thereon. (b) Termination shall be effective with board approval on the date designated in the ordinance terminating the contract, provided that the termination effective date shall not be earlier than the date of the vote of the electorate. (c) The contracting agency shall notify in writing its past and present employees and retirees, who are members, former members, or retired members of the system, of the pending vote of the electorate on the proposed termination of the contract at least 90 days before the date of the vote. (1) Within seven days of receipt of a request from the contracting agency to fulfill its duties under this subdivision, the board shall provide the contracting agency with contact information data in its possession for the purpose of providing past employee members, former members, and retired members the notice required by this subparagraph. The contact information data shall be provided to the contracting agency in an open format that is platform independent, machine readable, retrievable, downloadable, indexable, and electronically searchable by commonly used Internet search applications. (2) The contracting agency shall not be liable for failure to provide the notice required pursuant to this subparagraph to a past employee member, former member, or retired member if the contact information data received for that member is incomplete or incorrect. (Amended by Stats. 2018, Ch. 732, Sec. 3. (SB 1022) Effective January 1, 2019.)
  151. 20571.5.

    ## 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 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Termination of Contracts [20570 - 20593] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The board may agree with a contracting agency to terminate part of a contract for a member class with no active employees, and it may require that the terminated portion have been in effect for at least five 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 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Termination of Contracts [20570 - 20593] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20571.5. Notwithstanding any other provision of this article, the board may enter into an agreement with the governing body of a contracting agency for the termination of a portion of the contract with respect to a member classification with no active employees. The terms of the agreement shall be reflected in an amendment to the agency’s contract with the board. The board may require that the portion of the contract being terminated be in effect for at least five years. Upon the termination of a portion of a contract, the board shall do the following: (a) Hold for the benefit of the members of this system who are credited with service rendered as employees of the contracting agency, and for the benefit of beneficiaries of this system who are entitled to receive benefits on account of that service, the portion of the accumulated contributions then held by this system and credited to, or as having been made by, the agency. This portion of the accumulated contributions shall not exceed the difference between the following: (1) An amount actuarially equivalent, including contingencies for mortality fluctuations, as determined by the actuary and approved by the board, to the amount this system is obligated to pay after the effective date of termination to, or on account of, persons who are or have been employed by, and on account of service rendered by them to, the agency. (2) The contributions, with credited interest thereon, then held by this system as having been made by those persons as employees of the agency. (b) Merge all plan assets and liabilities into the terminated agency pool to provide exclusively for the payment of benefits to members of these plans. (1) If the sum of the accumulated contributions is less than the actuarial equivalent specified in paragraph (1) of subdivision (a), the agency shall contribute to the system, under the terms fixed by the board, an amount equal to the difference between the amount specified in paragraph (1) of subdivision (a) and the accumulated contributions. (2) If the sum of accumulated contributions exceeds the amount specified in paragraph (1) of subdivision (a), the excess contributions shall be merged into the active plan or plans of the contracting agency, as determined by the chief actuary. (c) Enter into an agreement with the governing body of a contracting agency terminating a portion of a contract in order to ensure both of the following: (1) The final compensation used in the calculation of benefits of its employees is calculated in the same manner as the benefits of employees of agencies that are not terminating, regardless of whether the employees of the terminating agency retire directly from employment with the contracting agency terminating a portion of a contract or continue in other public service. (2) Related necessary adjustments in the employer’s contribution rate are made, from time to time, by the board prior to the date of termination to ensure adequate funding of benefits or the governing body of the contracting agency terminating a portion of a contract and the board agree to another actuarially sound payment technique, including a lump-sum payment at termination. (Added by Stats. 2008, Ch. 261, Sec. 2. Effective January 1, 2009.)
  152. 20572.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Termination of Contracts [20570 - 20593] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The board may terminate a contracting agency’s contract if the agency does not pay required contributions or file required information after demand, and it may also assess penalties and collection costs.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Termination of Contracts [20570 - 20593] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20572. (a) If a contracting agency fails for 30 days after demand by the board to pay in full any installment of contributions required by its contract, or fails for three months after demand therefor by the board to file any information required in the administration of this system with respect to that contracting agency’s employees, or if the board determines that the contracting agency is no longer in existence, the board may terminate that contract by resolution adopted by a majority vote of its members effective 60 days after notice of its adoption has been mailed by registered mail to the governing body of the contracting agency. (b) In addition to the interest obligations set forth in Section 20537, if a contracting agency fails to pay in full any installment of the contributions when due and the failure continues for a period of three months, the contracting agency may be assessed a penalty of 10 percent of the total amount due and unpaid, including any accrued and unpaid interest. The penalty may be assessed once during each 30-day period that the outstanding amount remains unpaid. In addition, the contracting agency may be assessed the costs of collection, including reasonable legal fees and litigation costs, including, without limitation, legal fees and legal costs incurred in bankruptcy, when necessary to collect any amounts due. (Amended by Stats. 2016, Ch. 415, Sec. 25. (AB 2375) Effective January 1, 2017.)
  153. 20573.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Termination of Contracts [20570 - 20593] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The board may negotiate with affected agency governing boards about the termination date, termination terms, and payment of unfunded liabilities.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Termination of Contracts [20570 - 20593] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20573. Notwithstanding any other provision of law, the board may negotiate with the governing board of the terminating agency, or the governing board of any agency or agencies which may be assuming any portion of the liabilities of the terminating agency as to the effective date of termination and the terms and conditions of the termination and of the payment of unfunded liabilities. For purposes of payment of unfunded actuarial liabilities this section shall also apply to inactive contracting agencies, or an inactive member category as determined by the board. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  154. 20574.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Termination of Contracts [20570 - 20593] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A terminated agency must pay the system for funding deficits, interest, and collection costs, and the board may place a lien on the agency’s assets, subject to prior wage liens.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Termination of Contracts [20570 - 20593] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20574. A terminated agency shall be liable to the system for any deficit in funding for earned benefits, as determined pursuant to Section 20577, interest at the actuarial rate from the date of termination to the date the agency pays the system, and for reasonable and necessary costs of collection, including attorney’s fees. The board shall have a lien on the assets of a terminated contracting agency, subject only to a prior lien for wages, in an amount equal to the actuarially determined deficit in funding for earned benefits of the employee members of the agency, interest, and collection costs. The assets shall also be available to pay actual costs, including attorneys’ fees, necessarily expended for collection of the lien. (Amended by Stats. 2003, Ch. 462, Sec. 2. Effective January 1, 2004.)
  155. 20574.1.

    ## 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 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Termination of Contracts [20570 - 20593] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    If a terminating agency was formed under the specified chapter, all parties are liable to the system for funding deficits, interest, and collection costs. The board also has a lien on certain assets, subject to a prior lien for wages.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Termination of Contracts [20570 - 20593] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20574.1. In lieu of the procedure set forth in Section 20574, all parties to a terminating agency that was formed by an agreement under Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 shall be liable to the system for any deficit in funding for earned benefits, as determined pursuant to Section 20577, interest at the actuarial rate from the date of termination to the date the agency, or the parties to the terminating contracting agency, pays the system, and reasonable and necessary costs of collection, including attorney’s fees. The board shall have a lien on the assets of a terminated contracting agency and on the assets of all parties to the terminating contracting agency, subject only to a prior lien for wages, in an amount equal to the actuarially determined deficit in funding for earned benefits of the employee members of the agency, interest, and collection costs. The assets shall also be available to pay actual costs, including attorney’s fees, necessarily expended for collection of the lien. (Added by Stats. 2018, Ch. 909, Sec. 4. (AB 1912) Effective January 1, 2019.)
  156. 20575.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Termination of Contracts [20570 - 20593] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    When a terminating agency asks, the board must make an agreement with it and take steps to keep benefits funded and calculated consistently.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Termination of Contracts [20570 - 20593] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20575. (a) Notwithstanding any other provision of this part to the contrary, upon request of a terminating agency, the board shall enter into an agreement with the governing body of a terminating agency in order to ensure that both: the final compensation used in the calculation of benefits of its employees shall be calculated in the same manner as the benefits of employees of agencies that are not terminating, regardless of whether they retire directly from employment with the terminating agency or continue in other public service; and related necessary adjustments in the employer’s contribution rate are made, from time to time, by the board prior to the date of termination to ensure that benefits are adequately funded or any other actuarially sound payment technique, including a lump-sum payment at termination, is agreed to by the governing body of the terminating agency and the board. (b) The terminating agency that will cease to exist shall notify the board not sooner than three years nor later than one year prior to its termination date of its intention to enter into agreement pursuant to this section. (c) The terms of the agreement shall be reflected in an amendment to the agency’s contract with the board. (d) If the board, itself, determines that it is not in the best interests of the system, it may choose not to enter into an agreement pursuant to this section. (e) A terminating agency formed by an agreement under Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 shall enter into an agreement with the board pursuant to subdivisions (a), (c), and (d) and its member agencies shall be liable to the system for inadequate funding of the benefits pursuant to subdivision (a). (Amended by Stats. 2018, Ch. 909, Sec. 5. (AB 1912) Effective January 1, 2019.)
  157. 20576.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Termination of Contracts [20570 - 20593] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    When a contract ends, the board must hold certain accumulated contributions for affected members and beneficiaries.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Termination of Contracts [20570 - 20593] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20576. (a) Upon the termination of a contract, the board shall hold for the benefit of the members of this system who are credited with service rendered as employees of the contracting agency and for the benefit of beneficiaries of this system who are entitled to receive benefits on account of that service, the portion of the accumulated contributions then held by this system and credited to or as having been made by the agency that does not exceed the difference between (1) an amount actuarially equivalent, including contingencies for mortality fluctuations, as determined by the actuary and approved by the board, the amount this system is obligated to pay after the effective date of termination to or on account of persons who are or have been employed by, and on account of service rendered by them to, the agency, and (2) the contributions, with credited interest thereon, then held by this system as having been made by those persons as employees of the agency. (b) All plan assets and liabilities of agencies whose contracts have been terminated shall be merged into a single pooled account to provide exclusively for the payment of benefits to members of these plans. Recoveries from terminated agencies for any deficit in funding for earned benefits for members of plans of terminated agencies, and interest thereon, shall also be deposited to the credit of the terminated agency pool. (Amended by Stats. 2003, Ch. 462, Sec. 3. Effective January 1, 2004.)
  158. 20577.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Termination of Contracts [20570 - 20593] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    If contract termination leaves contributions short, the agency must pay the difference to the system, with interest; if it does not pay, benefits are reduced.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Termination of Contracts [20570 - 20593] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20577. If, at the date of termination, the sum of the accumulated contributions credited to, or held as having been made by, the contracting agency and the accumulated contributions credited to or held as having been made by persons who are or have been employed by the agency, as employees of the agency, is less than the actuarial equivalent specified in clause (1) of subdivision (a) of Section 20576, the agency shall contribute to this system under terms fixed by the board, an amount equal to the difference between the amount specified in clause (1) of subdivision (a) of Section 20576 and the accumulated contributions. The amount of the difference shall be subject to interest at the actuarial rate from the date of contract termination to the date the agency pays this system. If the agency fails to pay to the board the amount of the difference, all benefits under the contract, payable after the board declares the agency in default therefor, shall be reduced by the percentage that the sum is less than the amount in clause (1) of subdivision (a) of Section 20576 as of the date the board declared the default. If the sum of the accumulated contributions is greater than the amount in clause (1) of subdivision (a) of Section 20576, an amount equal to the excess shall be paid by this system to the contracting agency, including interest at the actuarial rate from the date of contract termination to the date this system makes payment. The market value used shall be the value calculated in the most recent annual closing. The right of an employee of a contracting agency, or his or her beneficiary, to a benefit under this system, whether before or after retirement or death, is subject to the reduction. (Amended by Stats. 2003, Ch. 462, Sec. 4. Effective January 1, 2004.)
  159. 20577.5.

    ## 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 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Termination of Contracts [20570 - 20593] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Before using its Section 20577 authority, the board must consider and exhaust available options, including possibly filing a civil action to compel payment of retirement obligations, if doing so fits its fiduciary duties.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Termination of Contracts [20570 - 20593] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20577.5. The board shall, prior to exercising authority granted pursuant to Section 20577, and to the extent consistent with its fiduciary duties, consider and exhaust all options and necessary actions, including evaluating whether to bring a civil action against any and all of the member agencies that are parties to a terminated agency formed by an agreement under Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 to compel payment of the terminated agency’s retirement obligations, and shall be entitled to reasonable attorney’s fees in addition to other costs. (Repealed and added by Stats. 2018, Ch. 909, Sec. 7. (AB 1912) Effective January 1, 2019.)
  160. 20578.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Termination of Contracts [20570 - 20593] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section preserves retirement rights and benefits for certain former employees or beneficiaries of a contracting agency that terminated before January 1, 1991, and limits redeposit of withdrawn 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 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Termination of Contracts [20570 - 20593] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20578. (a) Except as provided in subdivision (b), on and after January 1, 1991, the rights and benefits of a former employee of a contracting agency which terminated on or before January 1, 1991, or of his or her beneficiary, shall be the same as if the agency had continued as a contracting agency. Any monthly allowance of that individual, or of his or her beneficiary, that was reduced pursuant to Section 20577 because the contracting agency failed to pay the board the amount of the difference shall not be subject to continued reduction on or after January 1, 1991. As of January 1, 1991, benefits shall be paid at the level provided in the contract prior to that reduction. However, if a former employee of a contracting agency that terminated on or before January 1, 1991, becomes employed by another covered employer after the date of termination, including an employer subject to reciprocity, the benefits shall be calculated by using the highest compensation earned by the individual. In accordance with Section 20580, an individual who has withdrawn his or her accumulated contributions from the terminated agency shall not be permitted to redeposit any withdrawn contributions upon again becoming a member of this system. (b) If a contracting agency has not paid the system for any deficit in funding for earned benefits, as determined pursuant to Section 20577, members shall be entitled to the benefits to which members of the plan were entitled 36 months prior to the date the agency notified the board of its intention to terminate its contract or 36 months prior to the date the board notified the agency of its intent to terminate the contract, whichever is earlier. Entitlement to earned benefits under this subdivision shall be subject to Section 20577.5. (Amended by Stats. 2016, Ch. 415, Sec. 27. (AB 2375) Effective January 1, 2017.)
  161. 20579.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Termination of Contracts [20570 - 20593] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A qualifying contracting agency stops being an employer the day before contract termination becomes effective, and its accumulated contributions are handled under Section 20834.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Termination of Contracts [20570 - 20593] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20579. For purposes of Sections 20576 and 20577 in the case of a contracting agency that is an employer for purposes of Chapter 9 (commencing with Section 20790), the contracting agency shall cease to be an employer on the day preceding the effective date of termination, and all accumulated contributions held by this system and made by or credited to the contracting agency shall be determined in accordance with Section 20834. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  162. 20580.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Termination of Contracts [20570 - 20593] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    When a contract ends, covered memberships continue if there are accumulated contributions, and members may choose to withdraw those contributions if they are not currently employed in a covered position.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Termination of Contracts [20570 - 20593] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20580. Upon the termination of a contract, all memberships in this system existing because of that contract continue in existence to the extent that there are accumulated contributions to the credit of each local member, but any member may elect to withdraw his or her accumulated contributions if the member is not employed in a position subject to coverage by the system at the time of election. The status of any member who does not withdraw his or her accumulated contributions shall be the same as if the public agency had continued as a contracting agency. The membership of any member who is eligible and who elects to withdraw his or her accumulated contributions shall be terminated forthwith, and he or she shall not be entitled to any further benefit based upon service credited as an employee of the contracting agency, nor shall he or she have the right to redeposit those withdrawn contributions upon again becoming a member of this system. The portion of the contributions of the contracting agency held under Section 20576 to the credit of each member shall be determined by the board, and may be adjusted from time to time prior to termination of membership. A member whose membership continues under this section is subject to the same age and incapacity requirements as apply to other members for service or for disability retirement, but he or she is not subject to a minimum service requirement. Except as provided in Section 20578, he or she shall receive the retirement benefits as his or her accumulated contributions, together with the portion of the excess of the contributions of the contracting agency as are credited to him or her, shall provide, as determined by the board, but the provisions of this part relative to minimum retirement allowances shall not apply to him or her, nor shall those benefits exceed the benefits provided by the contract prior to its termination. Upon the death of a member, the basic death benefit shall be his or her accumulated contributions. (Amended by Stats. 2001, Ch. 793, Sec. 10. Effective January 1, 2002.)
  163. 20581.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Termination of Contracts [20570 - 20593] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    If a public agency that ended a contract later joins the system again, the new contract may restore some reduced benefits and allow redeposit of certain withdrawn contributions; without redeposit, the member does not get credit for that 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 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Termination of Contracts [20570 - 20593] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20581. If a public agency that terminated its contract enters into a contract for participation in this system, the contract may provide for increase in benefits of persons retired or members who retained rights under this system, if the benefits were reduced under this article at the time of termination, to the level provided in the contract for members, and for redeposit of any contributions for service to the agency not credited under a local system maintained by the agency after termination, withdrawn at termination by a person who becomes a member on contract date. Unless the redeposit is made, the member shall not receive credit for the service. All service rendered prior to the contract date and credited as a result of the contract shall constitute prior service whether or not rendered during the period of the terminated contract. All liabilities for service performed under the terminated contract shall become liabilities of a plan under the new contract. The ratio of assets to liabilities that existed at the time the previous contract was terminated shall be used to calculate the amount of assets to be transferred to a plan under the new contract. (Amended by Stats. 2003, Ch. 462, Sec. 7. Effective January 1, 2004.)
  164. 20582.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Termination of Contracts [20570 - 20593] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Events on or after a contract termination becomes effective cannot be used to decide retirement or beneficiary rights.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Termination of Contracts [20570 - 20593] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20582. Any event occurring on or after the date on which termination of a contract becomes effective shall not be considered in determining the right of any member to retire for service or disability or the rights of his or her beneficiaries. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  165. 20583.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Termination of Contracts [20570 - 20593] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A pre-termination retiree, qualifying applicant, or pre-termination death beneficiary keeps the retirement or death benefit right when the contract ends, unless the contracting agency fails to make required contributions because its employees participate in 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 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Termination of Contracts [20570 - 20593] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20583. The right to a retirement allowance, of a person who had retired prior to the effective date of the termination of a contract, or who has qualified and applied for retirement by written document received at the board’s office in Sacramento, prior to the effective date, even though the board does not approve the application until a later date, and the right of any person to a benefit on account of a death that occurred prior to the effective date, is not affected by termination of the contract, unless the contracting agency fails to make the contributions required of it because of the participation of its employees in this system. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  166. 20584.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Termination of Contracts [20570 - 20593] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The board may delay a contract termination payment if paying would require selling securities that the board believes would harm the system. If the delay lasts longer than reasonably necessary, interest must be paid on the unpaid amount at the system’s current rate.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Termination of Contracts [20570 - 20593] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20584. The board may postpone the payment of any amount due a contracting agency on termination of a contract if payment would require the sale of securities, that, in the opinion of the board, would affect adversely the interests of this system. If the board delays a payment longer than the period reasonably necessary for the determination of the amount due and for the necessary action by the board, interest shall be allowed on the amount remaining due and unpaid from time to time at the rate then in use under this system, and paid to the contracting agency at the same time and in the manner as the original amount due. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  167. 20585.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Termination of Contracts [20570 - 20593] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The board may make an agreement to end a contracting agency’s participation and move its employees into a county retirement system if the contract has lasted at least five 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 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Termination of Contracts [20570 - 20593] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20585. (a) Notwithstanding any other provision of this article, the board may enter into an agreement with the governing body of a contracting agency whose contract has been in effect for at least five years and the board of supervisors of a county maintaining a county retirement system for termination of the contracting agency’s participation in this system and inclusion of its employees in the county retirement system. (b) The agreement shall contain provisions the board finds necessary to protect the interests of this system, including provisions for determination of the amount, time, and manner of transfer of cash or securities, or both, to be transferred to the county system representing the value of the interests in the retirement fund of the contracting agency and its employees by reason of accumulated contributions credited to the agency and its employees. However, the amount transferred may not exceed the amount of the accumulated contributions. Any amount representing the difference between the value of the interests in the retirement fund of the contracting agency and its employees, and the accumulated contributions credited to the agency and its employees, shall be credited to the reserve under Section 20174. The agreement may also contain any other provisions that the board deems necessary to address issues related to the transfer, including, but not limited to, benefits subject to an outstanding domestic relations order and benefits subject to a lien. (c) All liability of this system with respect to members and retired persons under the contract shall cease and shall become the liability of the county system as of the date of termination specified in the agreement. Liability of the county retirement system shall be for payment of benefits in accordance with Chapter 3 (commencing with Section 31450) of Part 3 of Division 4 of Title 3 applicable to it except that allowances of persons retired on the termination date and their beneficiaries and of beneficiaries of deceased members or retired persons who are receiving allowances on that date, shall be continued in at least the amount provided under the agency’s contract as it was on that date. The termination may not affect the contribution rate of any member in any other employment under this system on the date of termination or any retirement allowance or other benefit based on service to another employer being paid on the termination date. (d) Any member who becomes a member of a county retirement system upon the contract termination shall be subject to this part and Chapter 3 (commencing with Section 31450) of Part 3 of Division 4 of Title 3 extending rights to a member or subjecting him or her to limitations because of membership in another retirement system to the same extent that he or she would have been had he or she been a member of the county retirement system during his or her membership in this system under the terminated contract. (e) Upon execution of the agreement, a contracting agency that is an employer under Chapter 9 (commencing with Section 20790) shall cease to have that status, and the accumulated contributions of the contracting agency shall be determined and thereafter held as provided in Section 20834. (Amended by Stats. 2003, Ch. 519, Sec. 4. Effective January 1, 2004.)
  168. 20586.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Termination of Contracts [20570 - 20593] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The board may make an agreement to terminate certain long-running contracts for local firefighters if the firefighting function and the firefighters have been transferred to a district in a county 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 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Termination of Contracts [20570 - 20593] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20586. The board may enter into an agreement in accordance with Section 20585 for termination of a contract that has been in effect for at least five years with respect to local firefighters if the firefighting function of the contracting agency and local firefighters have been transferred to a district which participates in a county retirement system. The contract shall continue with respect to all employees of the contracting agency other than local firefighters. (Amended by Stats. 1996, Ch. 906, Sec. 64. Effective January 1, 1997.)
  169. 20587.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Termination of Contracts [20570 - 20593] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The board may enter an agreement to terminate certain contracts if the contract has been in effect at least five years for local members and related functions have been transferred to a district or county service area in a county 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 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Termination of Contracts [20570 - 20593] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20587. The board may enter into an agreement in accordance with Section 20585 for termination of a contract that has been in effect for at least five years with respect to local members if particular functions of the contracting agency and local members have been transferred to a district or a county service area that participates in a county retirement system. The contract shall continue with respect to all other employees of the contracting agency. (Amended by Stats. 1996, Ch. 906, Sec. 65. Effective January 1, 1997.)
  170. 20588.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Termination of Contracts [20570 - 20593] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The board may make an agreement to transfer certain former public agency safety members into a county retirement system when the section’s 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 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Termination of Contracts [20570 - 20593] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20588. (a) Notwithstanding any other provision of this article, the board may, pursuant to this section and Section 31657, enter into an agreement with the board of retirement of a county maintaining a county retirement system, for termination of participation of a public agency whose contract has been in effect for at least five years in this system or the state with respect to certain safety members who have ceased to be employed by the public agency or the state and have been employed by a county, fire authority, or district as a result of a transfer of firefighting or law enforcement functions from the public agency or the state to the county, fire authority, or district and inclusion of the former public agency employees in that county retirement system. (b) The agreement shall contain provisions the board finds necessary to protect the interests of this system, including provisions for determination of the amount, time, and manner of transfer of cash or securities, or both, to be transferred to the county system representing the actuarial value of the interests in the retirement fund of the public agency or the state and the transferred employees by reason of accumulated contributions credited to that public agency or the state and the employees transferred. The agreement may also contain any other provisions that the board deems necessary to address issues related to the transfer, including, but not limited to, benefits subject to an outstanding domestic relations order and benefits subject to a lien. The agreement shall apply only to employees who are employed by the county or district on the effective date of the agreement. (c) All liability of this system with respect to the members transferred under that agreement shall cease and shall become the liability of the county retirement system as of the date of transfer specified in the agreement. Liability of the county retirement system shall be for payment of benefits to transferred employees in accordance with Chapter 3 (commencing with Section 31450) of Part 3 of Division 4 of Title 3. (d) Any member transferred who becomes a member of a county retirement system upon that transfer date shall be subject to provisions of this part and of Chapter 3 (commencing with Section 31450) of Part 3 of Division 4 of Title 3 extending rights to a member or subjecting him or her to limitations because of membership in another retirement system to the same extent that he or she would have been had he or she been a member of the county retirement system during his or her membership in this system. (e) This section shall apply only in the Counties of Kern, Los Angeles, Orange, and San Bernardino. (Amended by Stats. 2015, Ch. 86, Sec. 1. (AB 868) Effective January 1, 2016.)
  171. 20589.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Termination of Contracts [20570 - 20593] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The board may make an agreement with the San Francisco City and County Employees’ Retirement System for certain transfers and termination of participation, but only for qualifying public agencies and safety members, and this section applies only in San Francisco.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Termination of Contracts [20570 - 20593] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20589. (a) Notwithstanding any other provision of this article, the board may enter into an agreement with the board of retirement of the San Francisco City and County Employees’ Retirement System, for termination of participation of a public agency whose contract has been in effect for at least five years in this system or the state with respect to certain safety members who have ceased to be employed by the public agency or the state and have been employed by the city and county, fire authority, or district as a result of a transfer of firefighting or law enforcement functions from the public agency or the state to the city and county, fire authority, or district and inclusion of the former public agency employees in that retirement system. (b) The agreement shall contain provisions the board finds necessary to protect the interests of this system, including provisions for determination of the amount, time, and manner of transfer of cash or securities, or both, to be transferred to the city and county system representing the actuarial value of the interests in the retirement fund of the public agency or the state and the transferred employees by reason of accumulated contributions credited to that public agency or the state and the employees transferred. The agreement may also contain any other provisions that the board deems necessary to address issues related to the transfer, including, but not limited to, benefits subject to an outstanding domestic relations order and benefits subject to a lien. The agreement shall apply only to employees who are employed by the city and county or district on the effective date of the agreement. (c) All liability of this system with respect to the members transferred under that agreement shall cease and shall become the liability of the San Francisco City and County Employees’ Retirement System as of the date of transfer specified in the agreement. Liability of the city and county retirement system shall be for payment of benefits to transferred employees. (d) Any member transferred who becomes a member of the city and county retirement system upon that transfer date shall be subject to provisions of this part and the provisions of the San Francisco City Charter and Administrative Code extending rights to a member or subjecting him or her to limitations because of membership in another retirement system to the same extent that he or she would have been had he or she been a member of the city and county retirement system during his or her membership in this system. (e) This section shall apply only in the City and County of San Francisco. (Added by Stats. 2004, Ch. 268, Sec. 1. Effective January 1, 2005.)
  172. 20590.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Termination of Contracts [20570 - 20593] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The board may make an agreement to end a contracting agency’s participation in the retirement system and move employees into a city retirement system, but the agreement must protect system interests and specify how cash or securities are transferred.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Termination of Contracts [20570 - 20593] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20590. (a) Notwithstanding any other provision of this article, the board may enter into an agreement with the governing body of a contracting agency, other than a housing authority, and the governing body of a city with a population in excess of 2,000,000 and maintaining its own retirement system, for termination of the contracting agency’s participation in this system and inclusion of the employees in the city retirement system. (b) The agreement shall contain provisions the board finds necessary to protect the interests of this system, including provisions for determination of the amount, time, and manner of transfer of cash or securities, or both, to be transferred to the city system representing the value of the interests in the retirement fund of the contracting agency and its employees by reason of contributions and interest credited to the agency and its employees. The agreement may also contain any other provisions that the board deems necessary to address issues related to the transfer, including, but not limited to, benefits subject to an outstanding domestic relations order and benefits subject to a lien. (c) All liability of this system with respect to members and retired persons under the contract shall cease and shall become the liability of the city system as of the date of termination specified in the agreement. Liability of the city system shall be for payment of benefits to persons retired on the termination date and their beneficiaries and of beneficiaries of deceased members in at least the amount provided under the agency’s contract as it was on that date. The termination may not affect the contribution rate of any member in any other employment under this system on the date of termination or any retirement allowance or other benefit based on service. (d) Any member who becomes a member of a city system upon the contract termination shall be subject to those provisions of this part extending rights to a member or subjecting the member to limitations because of membership in another retirement system to the same extent that the member would have been had he or she been a member of the city system during his or her membership in this system under the terminated contract. (Amended by Stats. 2003, Ch. 519, Sec. 6. Effective January 1, 2004.)
  173. 20591.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Termination of Contracts [20570 - 20593] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The board may make an agreement to end a contracting agency’s participation for local firefighters and move those firefighters into a city retirement system, if the firefighting function has been transferred to the city.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Termination of Contracts [20570 - 20593] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20591. Notwithstanding any other provision of this article, the board may enter into an agreement in accordance with Section 20590 with the governing body of a contracting agency, and the governing body of a city maintaining its own retirement system for termination of the contracting agency’s participation in this system with respect to local firefighters and inclusion of those local firefighters in that city retirement system if the firefighting function of the contracting agency and the local firefighters have been transferred to that city. The contract shall continue with respect to all employees of the contracting agency other than local firefighters. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  174. 20592.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Termination of Contracts [20570 - 20593] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    If an employer’s function is transferred to a non-employer entity, the board may contract to move some system assets and liabilities, and affected members get an individual choice about whether their accumulated contributions move or stay on deposit.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Termination of Contracts [20570 - 20593] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20592. Notwithstanding any other provision of law, when all or part of an employer’s function is transferred to an entity that is not an employer, the board may, by contract between the board, the employer, and the succeeding entity, transfer all or part of the assets and liabilities accumulated in this system by the employer to the succeeding entity. Members employed by that employer shall have an individual election whether all accumulated contributions shall be transferred to the succeeding entity or left on deposit with this system. The accumulated contributions may be directly transferred to the succeeding entity by the board for those members who so request. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  175. 20593.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Termination of Contracts [20570 - 20593] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    If San Joaquin County’s governing body assumes management of a health district, the contract is treated as a continuation of the district’s contract, and Section 20834 does not apply when the assumption agreement is executed.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 5. Contract Members of System [20460 - 20593] ( Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Termination of Contracts [20570 - 20593] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20593. Notwithstanding any other provision of law, when the management of a health district is assumed by the governing body of San Joaquin County, the contract shall be construed as a continuation of the district’s contract for all purposes of this part. Section 20834 shall not apply upon the execution of an agreement with the board and the governing body of the county for the assumption. (Amended by Stats. 1996, Ch. 906, Sec. 68. Effective January 1, 1997.)
  176. 20610.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 6. School Employers [20610 - 20618] ( Chapter 6 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    County superintendents of schools must contract with the board to include specified employees in the system, and a participating charter school’s qualifying employees are covered under the same system 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 6. School Employers [20610 - 20618] ( Chapter 6 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20610. (a) Every county superintendent of schools shall enter into a contract with the board for the inclusion in this system of (1) all of the employees of the office of county superintendent whose compensation is paid from the county school service fund other than employees electing pursuant to Section 1313 of the Education Code to continue in membership in a county system; and (2) all of the employees of school districts and community college districts existing on July 1, 1949, or thereafter formed, within his or her jurisdiction, other than school districts that are contracting agencies or that maintain a district, joint district, or other local retirement system, with respect to service rendered in a status in which they are not eligible for membership in the State Teachers’ Retirement Plan. The effective date of each contract shall not be later than July 1, 1949. For the purposes of this part, those school district employees shall be considered employees of the county superintendent of schools having jurisdiction over the school district by which they are employed and service to the district shall be considered service to the county superintendent of schools. (b) If a charter school chooses to participate in the system, all employees of the charter school who qualify for membership in the system shall be covered under the system and all provisions of this part shall apply in the same manner as if the charter school were a public school in the school district that granted the charter. (Amended by Stats. 2005, Ch. 22, Sec. 84. Effective January 1, 2006.)
  177. 20611.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 6. School Employers [20610 - 20618] ( Chapter 6 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A qualifying regional occupational center is treated as a school district for this part, and the board and county superintendent must amend the contract when requested by the center’s governing body.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 6. School Employers [20610 - 20618] ( Chapter 6 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20611. A regional occupational center established pursuant to Chapter 9 (commencing with Section 52300) of Division 4 of the Education Code by two or more school districts by a joint powers agreement shall be deemed a school district for purposes of this part. The board and the county superintendent of schools, upon the request of the governing body of any center in the county, shall amend the contract entered into under this chapter to include the employees of the center who are not eligible to membership in the State Teachers’ Retirement Plan. Credit shall not be granted for any service in that employment prior to the effective date of the amendment. However, on the request of the governing body of the center, the amendment may provide that the membership of any person becoming a member in that employment on the effective date of the amendment shall be retroactive to the date of that person’s entry into that employment. If the amendment provides for the retroactive membership, both the member and the center shall contribute to the retirement fund for the period the amounts they would have contributed had the amendment been in effect on the date of the entry into employment. (Amended by Stats. 2003, Ch. 519, Sec. 8. Effective January 1, 2004.)
  178. 20612.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 6. School Employers [20610 - 20618] ( Chapter 6 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    On request by a contracting school district, the board and county superintendent of schools must amend the contract to add the district’s 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 6. School Employers [20610 - 20618] ( Chapter 6 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20612. The board and the county superintendent of schools, upon the request of any school district in the county that is a contracting agency, shall amend the contract entered into under this chapter to include the employees of the district. The request for the amendment shall be made in the manner provided for approval of contracts except that an election among employees shall not be required. Any amendments under this section shall be effective on the first day of the fiscal year next succeeding that in which the contract is executed. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  179. 20613.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 6. School Employers [20610 - 20618] ( Chapter 6 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section treats certain amendments under Section 20612 as continuations of the district’s contract, requires transferred contributions and related assets to go to the county superintendent of schools, and ties the district’s post-amendment liability to former Section 20584.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 6. School Employers [20610 - 20618] ( Chapter 6 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20613. An amendment executed under Section 20612 shall be deemed a continuation and an amendment, to the extent of any variation in the two contracts, of the district’s contract with respect to rights of all employees of the district under this system. Accumulated contributions held for or as having been made by the district and its employees and the assets derived from those contributions shall be transferred to the credit of the county superintendent of schools as a contracting agency. The liability of the district after the effective date of the amendment shall be as provided in former Section 20584, as amended by Chapter 857 of the Statutes of 1965. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  180. 20615.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 6. School Employers [20610 - 20618] ( Chapter 6 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Chapter 5 provisions apply to contracts made under this chapter, unless this chapter provides otherwise.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 6. School Employers [20610 - 20618] ( Chapter 6 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20615. Except as otherwise provided in this chapter, all of the provisions of Chapter 5 (commencing with Section 20460) apply to contracts made pursuant to this chapter. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  181. 20616.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 6. School Employers [20610 - 20618] ( Chapter 6 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    For contracts made under this chapter, several listed sections do not apply, and the county superintendent of schools has no authority to make certain elections except as allowed by Section 21623.6.

    ## 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 6. School Employers [20610 - 20618] ( Chapter 6 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20616. Sections 20469, 20470, 20502, 20512, 20570, 20571, and 20572 do not apply to contracts made pursuant to this chapter. The county superintendent of schools shall have no authority to exercise any election under any provision of this part, other than Section 21623.6, that applies to a contracting agency only on its election to be subject to it. (Amended by Stats. 2000, Ch. 947, Sec. 1. Effective January 1, 2001.)
  182. 20617.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 6. School Employers [20610 - 20618] ( Chapter 6 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The county superintendent of schools must make monthly requisitions and forward warrants, and certain employers must pay required amounts into the contract 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 6. School Employers [20610 - 20618] ( Chapter 6 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20617. The county superintendent of schools at the close of each month shall draw requisitions against the county school service fund and the funds of the respective school districts for amounts equal to the total of the employers’ contributions required to be paid from the county school service fund and from the funds of the districts, and the contributions deducted from the compensation of employees paid from those funds. The amounts shall be deposited in the county treasury to the credit of the contract retirement fund. The employers of persons paid from other funds, at the close of each month, shall pay into the contract retirement fund the amounts required to be paid by those employers together with the contributions deducted from the compensation of those employees. Thereafter the county superintendent of schools shall draw his or her requisitions against the contract retirement fund and in favor of the board which, when allowed by the county auditor, shall constitute warrants against the fund for the amount of the employees’ contributions transferred to or otherwise paid into the fund during that month and for the amount of employers’ contributions transferred to or otherwise paid into the fund. The county superintendent of schools shall forward the warrants to the board. (Amended by Stats. 1996, Ch. 906, Sec. 72. Effective January 1, 1997.)
  183. 20618.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 6. School Employers [20610 - 20618] ( Chapter 6 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section merges certain assets and liabilities from school employer contracts, with specific exclusions, requires certain contributions to be held for the benefit of school members and beneficiaries, treats some Los Angeles school service as school-employer service credit as of December 31, 1999, and protects pre-1983 members from losing rights because of that 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 6. School Employers [20610 - 20618] ( Chapter 6 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20618. (a) The assets and liabilities arising out of contracts with school employers, as defined in Section 20063, shall be merged, excluding that portion of a contract that provides benefits pursuant to Section 21623.6, that portion of a contract with respect to local police officers, as defined in Section 20430, and those contracts with school districts or community college districts, as defined in subdivision (i) of Section 20057, that employ school safety members, as defined in Section 20444. Employer accumulated contributions credited to those entities on June 30, 1982, and all the contributions paid by a school employer after June 30, 1982, shall be held exclusively for the benefit of school members, retired school members, and their beneficiaries. (b) Effective December 31, 1999, any service previously credited as local miscellaneous service with the Los Angeles Unified School District or the Los Angeles Community College District shall be considered service credit with a school employer. A person who is a member under a contract between the board and school districts or community college districts prior to July 1, 1983, shall not be denied any right extended to him or her by reason of that membership. (Amended by Stats. 2001, Ch. 21, Sec. 4. Effective June 25, 2001. Applicable from January 1, 2000, by Sec. 37 of Ch. 21.)
  184. 20630.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 7. Compensation [20630 - 20640] ( Chapter 7 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    When reporting compensation to the board, the employer must identify the pay period when it was earned and report it under the specified sections without exceeding compensation earnable.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 7. Compensation [20630 - 20640] ( Chapter 7 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20630. (a) As used in this part, “compensation” means the remuneration paid out of funds controlled by the employer in payment for the member’s services performed during normal working hours or for time during which the member is excused from work because of any of the following: (1) Holidays. (2) Sick leave. (3) Industrial disability leave, during which, benefits are payable pursuant to Sections 4800 and 4850 of the Labor Code, Article 4 (commencing with Section 19869) of Chapter 2.5 of Part 2.6, or Section 44043 or 87042 of the Education Code. (4) Vacation. (5) Compensatory time off. (6) Leave of absence. (b) When compensation is reported to the board, the employer shall identify the pay period in which the compensation was earned regardless of when reported or paid. Compensation shall be reported in accordance with Section 20636, or in accordance with Section 20636.1 for school members, and shall not exceed compensation earnable, as defined in Sections 20636 and 20636.1, respectively. (Amended by Stats. 2019, Ch. 330, Sec. 6. (SB 782) Effective January 1, 2020.)
  185. 20631.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 7. Compensation [20630 - 20640] ( Chapter 7 added by Stats. 1995, Ch. 379, Sec. 2. )

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    A contracting agency may report member compensation as a uniform percentage of salary instead of actual compensation if it has an applicable memorandum of understanding and the reported aggregate amount is reasonably related to the amount otherwise required.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 7. Compensation [20630 - 20640] ( Chapter 7 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20631. A contracting agency may report an amount for each member that is equal to a uniformly applied percentage of salary in lieu of computing and reporting the actual compensation attributable to each individual member if the contracting agency has agreed in a memorandum of understanding reached pursuant to Chapter 10 (commencing with Section 3500) of Division 4 of Title 1 that the aggregate amount to be reported by the contracting agency for all members within a membership classification bears a reasonable relation to the aggregate amount that would otherwise be required to be reported pursuant to Section 20636. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  186. 20632.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 7. Compensation [20630 - 20640] ( Chapter 7 added by Stats. 1995, Ch. 379, Sec. 2. )

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    For certain state employees, uniform compensation does not count as compensation when calculating retirement contributions or retirement 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 7. Compensation [20630 - 20640] ( Chapter 7 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20632. For state employees in classifications designated by the Director of Human Resources who are also excluded from, or otherwise not subject to, collective bargaining, and for employees in bargaining units 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, compensation for uniforms shall not constitute “compensation” for the purposes of the computation of retirement contributions by employees and the state or for the purposes of the calculation of retirement benefits. (Amended by Stats. 2012, Ch. 665, Sec. 120. (SB 1308) Effective January 1, 2013.)
  187. 20633.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 7. Compensation [20630 - 20640] ( Chapter 7 added by Stats. 1995, Ch. 379, Sec. 2. )

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    Salary withheld by the employer counts as compensation and must be reported as earned when it is withheld under the referenced Education Code provisions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 7. Compensation [20630 - 20640] ( Chapter 7 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20633. Notwithstanding any other provision of this part, compensation includes salary withheld by the employer in accordance with Section 45165 or 88164 of the Education Code, which provide for continuation of salary payments during a period in which the member renders no service. The withheld salary shall be reported as earned. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  188. 20634.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 7. Compensation [20630 - 20640] ( Chapter 7 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    For certain university members, “compensation” excludes supplemental payments made under a health sciences compensation plan.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 7. Compensation [20630 - 20640] ( Chapter 7 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20634. For a university member appointed under a health sciences compensation plan of the university, “compensation” shall not include past or future supplemental payments made pursuant to any health sciences compensation plan. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  189. 20635.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 7. Compensation [20630 - 20640] ( Chapter 7 added by Stats. 1995, Ch. 379, Sec. 2. )

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    This section excludes certain overtime compensation from compensation calculations under this part and defines when service counts as overtime.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 7. Compensation [20630 - 20640] ( Chapter 7 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20635. When the compensation of a member is a factor in any computation to be made under this part, there shall be excluded from those computations any compensation based on overtime put in by a member whose service retirement allowance is a fixed percentage of final compensation for each year of credited service. For the purposes of this part, overtime is the aggregate service performed by an employee as a member for all employers and in all categories of employment in excess of the hours of work considered normal for employees on a full-time basis, and for which monetary compensation is paid. If a member concurrently renders service in two or more positions, one or more of which is full time, service in the part-time position shall constitute overtime. If two or more positions are permanent and full time, the position with the highest payrate or base pay shall be reported to this system. This provision shall apply only to service rendered on or after July 1, 1994. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  190. 20635.1.

    ## 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 7. Compensation [20630 - 20640] ( Chapter 7 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    For school-member compensation calculations, overtime-based pay must be excluded, and if a member has two or more permanent full-time positions, the highest payrate or base pay position must be reported.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 7. Compensation [20630 - 20640] ( Chapter 7 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20635.1. Notwithstanding Section 20635, and Section 45102 of the Education Code, when the compensation of a school member is a factor in any computation to be made under this part, there shall be excluded from those computations any compensation based on overtime put in by a member whose service retirement allowance is a fixed percentage of final compensation for each year of credited service. For the purposes of this part, overtime for school members is the aggregate service performed by an employee as a member for all school employers and in all categories of employment in excess of 40 hours of work per week, and for which monetary compensation is paid. If a school member concurrently renders service in two or more positions, one or more of which is full time, service in the part-time position shall constitute overtime. If two or more positions are permanent and full time, the position with the highest payrate or base pay shall be reported to this system. (Added by Stats. 2000, Ch. 1030, Sec. 2. Effective January 1, 2001.)
  191. 20636.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 7. Compensation [20630 - 20640] ( Chapter 7 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section defines “compensation earnable,” “payrate,” and “special compensation,” and requires certain reporting and regulation duties.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 7. Compensation [20630 - 20640] ( Chapter 7 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20636. (a) “Compensation earnable” by a member means the payrate and special compensation of the member, as defined by subdivisions (b), (c), and (g), and as limited by Section 21752.5. (b) (1) “Payrate” means the normal monthly rate of pay or base pay of the member paid in cash to similarly situated members of the same group or class of employment for services rendered on a full-time basis during normal working hours, pursuant to publicly available pay schedules. “Payrate,” for a member who is not in a group or class, means the monthly rate of pay or base pay of the member, paid in cash and pursuant to publicly available pay schedules, for services rendered on a full-time basis during normal working hours, subject to the limitations of paragraph (2) of subdivision (e). (2) “Payrate” shall include an amount deducted from a member’s salary for any of the following: (A) Participation in a deferred compensation plan. (B) Payment for participation in a retirement plan that meets the requirements of Section 401(k) of Title 26 of the United States Code. (C) Payment into a money purchase pension plan and trust that meets the requirements of Section 401(a) of Title 26 of the United States Code. (D) Participation in a flexible benefits program. (3) The computation for a leave without pay of a member shall be based on the compensation earnable by the member at the beginning of the absence. (4) The computation for time before entering state service shall be based on the compensation earnable by the member in the position first held by the member in state service. (c) (1) Special compensation of a member includes a payment received for special skills, knowledge, abilities, work assignment, workdays or hours, or other work conditions. (2) Special compensation shall be limited to that which is received by a member pursuant to a labor policy or agreement or as otherwise required by state or federal law, to similarly situated members of a group or class of employment that is in addition to payrate. If an individual is not part of a group or class, special compensation shall be limited to that which the board determines is received by similarly situated members in the closest related group or class that is in addition to payrate, subject to the limitations of paragraph (2) of subdivision (e). (3) Special compensation shall be for services rendered during normal working hours and, when reported to the board, the employer shall do all of the following: (A) Identify the pay period in which the special compensation was earned. (B) Identify each item of special compensation and the category under which that item is listed, as described in regulations promulgated by the board pursuant to paragraph (6), for example, the item of Uniform Allowance would be reported under the category of Statutory Items. (C) Report each item of special compensation separately from payrate. (4) Special compensation may include the full monetary value of normal contributions paid to the board by the employer, on behalf of the member and pursuant to Section 20691, if the employer’s labor policy or agreement specifically provides for the inclusion of the normal contribution payment in compensation earnable. (5) The monetary value of a service or noncash advantage furnished by the employer to the member, except as expressly and specifically provided in this part, is not special compensation unless regulations promulgated by the board specifically determine that value to be “special compensation.” (6) The board shall promulgate regulations that delineate more specifically and exclusively what constitutes “special compensation” as used in this section. A uniform allowance, the monetary value of employer-provided uniforms, holiday pay, and premium pay for hours worked within the normally scheduled or regular working hours that are in excess of the statutory maximum workweek or work period applicable to the employee under Section 201 and following of Title 29 of the United States Code shall be included as special compensation and appropriately defined in those regulations. (7) Special compensation does not include any of the following: (A) Final settlement pay. (B) Payments made for additional services rendered outside of normal working hours, whether paid in lump sum or otherwise. (C) Other payments the board has not affirmatively determined to be special compensation. (d) Notwithstanding any other provision of law, payrate and special compensation schedules, ordinances, or similar documents shall be public records available for public scrutiny. (e) (1) As used in this part, “group or class of employment” means a number of employees considered together because they share similarities in job duties, work location, collective bargaining unit, or other logical work-related grouping. A single employee is not a group or class. (2) Increases in compensation earnable granted to an employee who is not in a group or class shall be limited during the final compensation period applicable to the employees, as well as the two years immediately preceding the final compensation period, to the average increase in compensation earnable during the same period reported by the employer for all employees who are in the same membership classification, except as may otherwise be determined pursuant to regulations adopted by the board that establish reasonable standards for granting exceptions. (f) As used in this part, “final settlement pay” means pay or cash conversions of employee benefits that are in excess of compensation earnable, that are granted or awarded to a member in connection with, or in anticipation of, a separation from employment. The board shall promulgate regulations that delineate more specifically what constitutes final settlement pay. (g) (1) Notwithstanding subdivision (a), “compensation earnable” for state members means the average monthly compensation, as determined by the board, upon the basis of the average time put in by members in the same group or class of employment and at the same rate of pay, and is composed of the payrate and special compensation of the member. The computation for an absence of a member shall be based on the compensation earnable by the member at the beginning of the absence and for time before entering state service shall be based on the compensation earnable by the member in the position first held by the member in that state service. (2) Notwithstanding subdivision (b), “payrate” for state members means the average monthly remuneration paid in cash out of funds paid by the employer to similarly situated members of the same group or class of employment, in payment for the member’s services or for time during which the member is excused from work because of holidays, sick leave, vacation, compensating time off, or leave of absence, pursuant to publicly available pay schedules. “Payrate” for state members shall include: (A) An amount deducted from a member’s salary for any of the following: (i) Participation in a deferred compensation plan established pursuant to Chapter 4 (commencing with Section 19993) of Part 2.6. (ii) Payment for participation in a retirement plan that meets the requirements of Section 401(k) of Title 26 of the United States Code. (iii) Payment into a money purchase pension plan and trust that meets the requirements of Section 401(a) of Title 26 of the United States Code. (iv) Participation in a flexible benefits program. (B) A payment in cash by the member’s employer to one other than an employee for the purpose of purchasing an annuity contract for a member under an annuity plan that meets the requirements of Section 403(b) of Title 26 of the United States Code. (C) Employer “pick up” of member contributions that meets the requirements of Section 414(h)(2) of Title 26 of the United States Code. (D) Disability or workers’ compensation payments to safety members in accordance with Section 4800 of the Labor Code. (E) Temporary industrial disability payments pursuant to Article 4 (commencing with Section 19869) of Chapter 2.5 of Part 2.6. (F) Other payments the board may determine to be within “payrate.” (3) Notwithstanding subdivision (c), “special compensation” for state members shall mean all of the following: (A) The monetary value, as determined by the board, of living quarters, board, lodging, fuel, laundry, and other advantages of any nature furnished to a member by their employer in payment for the member’s services. (B) Compensation for performing normally required duties, such as holiday pay, bonuses (for duties performed on regular work shift), educational incentive pay, maintenance and noncash payments, out-of-class pay, marksmanship pay, hazard pay, motorcycle pay, paramedic pay, emergency medical technician pay, Peace Officer Standards and Training (POST) certificate pay, and split shift differential. (C) Compensation for uniforms, except as provided in Section 20632. (D) Other payments the board may determine to be within “special compensation.” (4) “Payrate” and “special compensation” for state members do not include any of the following: (A) The provision by the state employer of a medical or hospital service or care plan or insurance plan for its employees (other than the purchase of annuity contracts as described below in this subdivision), a contribution by the employer to meet the premium or charge for that plan, or a payment into a private fund to provide health and welfare benefits for employees. (B) A payment by the state employer of the employee portion of taxes imposed by the Federal Insurance Contributions Act. (C) Amounts not available for payment of salaries and that are applied by the employer for the purchase of annuity contracts including those that meet the requirements of Section 403(b) of Title 26 of the United States Code. (D) Benefits paid pursuant to Article 5 (commencing with Section 19878) of Chapter 2.5 of Part 2.6. (E) Employer payments that are to be credited as employee contributions for benefits provided by this system, or employer payments that are to be credited to employee accounts in deferred compensation plans. The amounts deducted from a member’s wages for participation in a deferred compensation plan are not “employer payments.” (F) Payments for unused vacation, annual leave, personal leave, sick leave, or compensating time off, whether paid in lump sum or otherwise. (G) Final settlement pay. (H) Payments for overtime, including pay in lieu of vacation or holiday. (I) Compensation for additional services outside regular duties, such as standby pay, callback pay, court duty, allowance for automobiles, and bonuses for duties performed after the member’s regular work shift. (J) Amounts not available for payment of salaries and that are applied by the employer for any of the following: (i) The purchase of a retirement plan that meets the requirements of Section 401(k) of Title 26 of the United States Code. (ii) Payment into a money purchase pension plan and trust that meets the requirements of Section 401(a) of Title 26 of the United States Code. (K) Payments made by the employer to or on behalf of its employees who have elected to be covered by a flexible benefits program, where those payments reflect amounts that exceed the employee’s salary. (L) Other payments the board may determine are not “payrate” or “special compensation.” (5) If the provisions of this subdivision, including the board’s determinations pursuant to subparagraph (F) of paragraph (2) and subparagraph (D) of paragraph (3), are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5 or 3560, the memorandum of understanding shall be controlling without further legislative action, except that if the provisions of a memorandum of understanding require the expenditure of funds, those provisions shall not become effective unless approved by the Legislature in the annual Budget Act. A memorandum of understanding reached pursuant to Section 3517.5 or 3560 shall not exclude from the definition of either “payrate” or “special compensation” a member’s base salary payments or payments for time during which the member is excused from work because of holidays, sick leave, vacation, compensating time off, or leave of absence. If items of compensation earnable are included by memorandum of understanding as “payrate” or “special compensation” for retirement purposes for represented and higher education employees pursuant to this paragraph, the Department of Human Resources or the Trustees of the California State University shall obtain approval from the board for that inclusion. (6) (A) Subparagraph (B) of paragraph (3) prescribes that compensation earnable includes compensation for performing normally required duties, such as holiday pay, bonuses (for duties performed on regular work shift), educational incentive pay, maintenance and noncash payments, out-of-class pay, marksmanship pay, hazard pay, motorcycle pay, paramedic pay, emergency medical technician pay, POST certificate pay, and split shift differential; and includes compensation for uniforms, except as provided in Section 20632; and subparagraph (I) of paragraph (4) excludes from compensation earnable compensation for additional services outside regular duties, such as standby pay, callback pay, court duty, allowance for automobile, and bonuses for duties performed after regular work shift. (B) Notwithstanding subparagraph (A), the Department of Human Resources shall determine which payments and allowances that are paid by the state employer shall be considered compensation for retirement purposes for an employee who either is excluded from the definition of state employee in Section 3513, or is a nonelected officer or employee of the executive branch of government who is not a member of the civil service. (C) Notwithstanding subparagraph (A), the Trustees of the California State University shall determine which payments and allowances that are paid by the trustees shall be considered compensation for retirement purposes for a managerial employee, as defined in Section 3562, or supervisory employee as defined in Section 3580.3. (7) Notwithstanding subdivision (c), a state employer shall, when reporting payrate and special compensation, do all of the following: (A) Identify the pay period in which the special compensation was earned. (B) Identify each item of special compensation, as permitted pursuant to paragraphs (3) and (5). (C) Report each item of special compensation separately from payrate. (h) This section does not apply to a new member, as defined in Section 7522.04. (Amended by Stats. 2019, Ch. 330, Sec. 7. (SB 782) Effective January 1, 2020.)
  192. 20636.1.

    ## 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 7. Compensation [20630 - 20640] ( Chapter 7 added by Stats. 1995, Ch. 379, Sec. 2. )

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    This section defines how a school member’s compensation earnable is calculated and requires employers to report special compensation details 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 7. Compensation [20630 - 20640] ( Chapter 7 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20636.1. (a) Notwithstanding Section 20636, and Section 45102 of the Education Code, “compensation earnable” by a school member means the payrate and special compensation of the member, as defined by subdivisions (b) and (c), and as limited by Section 21752.5. (b) (1) “Payrate” means the normal monthly rate of pay or base pay of the member paid in cash to similarly situated members of the same group or class of employment for services rendered on a full-time basis during normal working hours, pursuant to publicly available pay schedules. For purposes of this part, for classified members, full-time employment is 40 hours per week, and payments for services rendered, not to exceed 40 hours per week, shall be reported as compensation earnable for all months of the year in which work is performed. “Payrate,” for a member who is not in a group or class, means the monthly rate of pay or base pay of the member, paid in cash and pursuant to publicly available pay schedules, for services rendered on a full-time basis during normal working hours, subject to the limitations of paragraph (2) of subdivision (e). (A) “Payrate” shall include an amount deducted from a member’s salary for any of the following: (i) Participation in a deferred compensation plan. (ii) Payment for participation in a retirement plan that meets the requirements of Section 401(k) or 403(b) of Title 26 of the United States Code. (iii) Payment into a money purchase pension plan and trust that meets the requirements of Section 401(a) of Title 26 of the United States Code. (iv) Participation in a flexible benefits program. (B) For the purposes of this section, “classified members” shall mean members who retain membership under this system while employed with a school employer in positions not subject to coverage under the Defined Benefit Program under the State Teachers’ Retirement System. (C) For the purposes of this section, and Sections 20962 and 20966, “certificated members” shall mean members who retain membership under this system while employed in positions subject to coverage under the Defined Benefit Program under the State Teachers’ Retirement System. (2) The computation for any leave without pay of a member shall be based on the compensation earnable by the member at the beginning of the absence. (3) The computation for time before entering state service shall be based on the compensation earnable by the member in the position first held by the member in state service. (c) (1) Special compensation of a school member includes any payment received for special skills, knowledge, abilities, work assignment, workdays or hours, or other work conditions. (2) Special compensation shall be limited to that which is received by a member pursuant to a labor policy or agreement or as otherwise required by state or federal law, to similarly situated members of a group or class of employment that is in addition to payrate. If an individual is not part of a group or class, special compensation shall be limited to that which the board determines is received by similarly situated members in the closest related group or class that is in addition to payrate, subject to the limitations of paragraph (2) of subdivision (e). (3) Special compensation shall be for services rendered during normal working hours and, when reported to the board, the employer shall: (A) Identify the pay period in which the special compensation was earned. (B) Identify each item of special compensation and the category under which that item is listed, as described in regulations promulgated by the board pursuant to paragraph (6) of subdivision (c), for example, the item of Uniform Allowance would be reported under the category of Statutory Items. (C) Report each item of special compensation separately from payrate. (4) Special compensation may include the full monetary value of normal contributions paid to the board by the employer, on behalf of the member and pursuant to Section 20691, provided that the employer’s labor policy or agreement specifically provides for the inclusion of the normal contribution payment in compensation earnable. (5) The monetary value of any service or noncash advantage furnished by the employer to the member, except as expressly and specifically provided in this part, shall not be special compensation unless regulations promulgated by the board specifically determine that value to be “special compensation.” (6) The board shall promulgate regulations that delineate more specifically and exclusively what constitutes “special compensation” as used in this section. A uniform allowance, the monetary value of employer-provided uniforms, holiday pay, and premium pay for hours worked within the normally scheduled or regular working hours that are in excess of the statutory maximum workweek or work period applicable to the employee under Section 201 and following of Title 29 of the United States Code shall be included as special compensation and appropriately defined in those regulations. (7) Special compensation does not include any of the following: (A) Final settlement pay. (B) Payments made for additional services rendered outside of normal working hours, whether paid in lump sum or otherwise. (C) Other payments the board has not affirmatively determined to be special compensation. (d) Notwithstanding any other provision of law, payrate and special compensation schedules, ordinances, or similar documents shall be public records available for public scrutiny. (e) (1) As used in this part, “group or class of employment” means a number of employees considered together because they share similarities in job duties, work location, collective bargaining unit, or other logical work-related grouping. A single employee is not a group or class. (2) Increases in compensation earnable granted to any employee who is not in a group or class shall be limited during the final compensation period applicable to the employees, as well as the two years immediately preceding the final compensation period, to the average increase in compensation earnable during the same period reported by the employer for all employees who are in the same membership classification, except as may otherwise be determined pursuant to regulations adopted by the board that establish reasonable standards for granting exceptions. (f) As used in this part, “final settlement pay” means any pay or cash conversions of employee benefits that are in excess of compensation earnable, that are granted or awarded to a member in connection with or in anticipation of a separation from employment. The board shall promulgate regulations that delineate more specifically what constitutes final settlement pay. (g) This section does not apply to a new member, as defined in Section 7522.04. (Amended by Stats. 2019, Ch. 330, Sec. 8. (SB 782) Effective January 1, 2020.)
  193. 20637.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 7. Compensation [20630 - 20640] ( Chapter 7 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    For certain state members receiving supplemental payments under Section 21160, “compensation earnable” means the higher of two amounts tied to the member’s compensation at eligibility, retirement, or death.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 7. Compensation [20630 - 20640] ( Chapter 7 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20637. “Compensation earnable,” with respect to a state member receiving supplemental payments pursuant to Section 21160 at the time of retirement or death, means the highest average monthly compensation paid to the employee in the classification in which the member was employed at time of becoming eligible for benefits pursuant to Section 21160, or the average compensation earnable by the member at time of retirement or death, whichever is higher. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  194. 20638.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 7. Compensation [20630 - 20640] ( Chapter 7 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The section says a member’s highest average compensation over any consecutive 12- or 36-month employment period must be treated as compensation earnable or pensionable compensation, as applicable, when calculating final compensation.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 7. Compensation [20630 - 20640] ( Chapter 7 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20638. The highest annual average compensation during any consecutive 12- or 36-month period of employment as a member of a county retirement system 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 provided: (a) (1) Entry into employment in which the person became a member in one system occurred on or after October 1, 1957, and within 90 days of discontinuance of employment as a member of the other system. (2) This subdivision shall not deny the benefit of this section to any person retiring after October 1, 1963, who entered membership prior to October 1, 1957, if the person entered the employment in which they became a member within 90 days of termination of employment in which they were a member of the other system, and they became a member within seven months of entry into employment, or, if an employee of a district as defined in Section 31468, became a member at the time the district was included in a county retirement system. (b) The member retires concurrently under both systems and is credited with the period of service under the county system at the time of retirement. (Amended by Stats. 2025, Ch. 239, Sec. 13. (SB 853) Effective January 1, 2026.)
  195. 20639.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 7. Compensation [20630 - 20640] ( Chapter 7 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section treats certain retirement-system compensation as compensation earnable or pensionable compensation for calculating final compensation when a 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 7. Compensation [20630 - 20640] ( Chapter 7 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20639. The compensation during any period of service as a member of the Judges’ Retirement System, the Judges’ Retirement System II, the Legislators’ Retirement System, or the Defined Benefit Program of the State Teachers’ Retirement Plan shall be considered compensation earnable or pensionable compensation pursuant to Section 7522.34, whichever is applicable, as a member of this system for purposes of computing final compensation for the member, if the member retires concurrently under both systems. A member shall be deemed to have retired concurrently under this system and under the Defined Benefit Program of the State Teachers’ Retirement Plan, if the member is enrolled as a disabled member under the Defined Benefit Program of the State Teachers’ Retirement Plan and for retirement under this system on the same effective date. (Amended by Stats. 2025, Ch. 239, Sec. 14. (SB 853) Effective January 1, 2026.)
  196. 20640.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 7. Compensation [20630 - 20640] ( Chapter 7 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Longevity Pay must be included in state members’ final compensation for retirement calculations, and it takes effect only when the Unit 18 memorandum of understanding is ratified, with no start date before January 1, 2023.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 7. Compensation [20630 - 20640] ( Chapter 7 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20640. (a) (1) Notwithstanding any other law, the following item of pay shall be included in the final compensation of state members for purposes of calculating their retirement benefits and contributions under the Public Employees’ Retirement Law: (2) Effective upon ratification of the State Bargaining Unit 18 memorandum of understanding by both the state and the bargaining unit, but no earlier than January 1, 2023, Longevity Pay, as provided in the memorandum of understanding for represented state members in State Bargaining Unit 18 and nonrepresented state members associated with State Bargaining Unit 18. (b) For the purposes of this section, “nonrepresented state member” includes employees excluded from the definition of state employee in Section 3513, or nonelected officers or employees of the executive branch of government who are not members of the civil service. (Added by Stats. 2022, Ch. 250, Sec. 10. (AB 151) Effective September 6, 2022.)
  197. 20671.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 8. Member Contributions [20671 - 20776] ( Chapter 8 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. Normal Contributions [20671 - 20694] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )

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    The section forbids separate contribution rates or different benefit factors for male and female members in the same category, except for actuarial equivalents used to determine optional payments.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 8. Member Contributions [20671 - 20776] ( Chapter 8 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. Normal Contributions [20671 - 20694] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20671. Notwithstanding any other provision of this part, separate rates of contributions for male and female members shall not be established or maintained, nor shall different benefit factors be established for male and female members in the same category. However, this section shall not apply to the computation of the actuarial equivalents required under this part for the determination of optional payments. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  198. 20672.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 8. Member Contributions [20671 - 20776] ( Chapter 8 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. Normal Contributions [20671 - 20694] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    For certain people entering the system on or after October 1, 1957, the age of entry is treated as the person’s age when they entered the county retirement system, if they met the stated timing and membership 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 8. Member Contributions [20671 - 20776] ( Chapter 8 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. Normal Contributions [20671 - 20694] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20672. For purposes of this chapter, the age of entry into this system as a member in any membership category for a person who enters on or after October 1, 1957, and within 90 days after last rendering service as a member of a county retirement system and who retains his or her membership in that system shall be his or her age at entry into the county retirement system. (Amended by Stats. 1996, Ch. 906, Sec. 76. Effective January 1, 1997.)
  199. 20672.5.

    ## 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 8. Member Contributions [20671 - 20776] ( Chapter 8 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. Normal Contributions [20671 - 20694] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Temporary reductions in a member’s contribution rate only apply to member contributions during the reduction period; they do not apply to purchasing service credit or redepositing member 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 8. Member Contributions [20671 - 20776] ( Chapter 8 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. Normal Contributions [20671 - 20694] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20672.5. Whenever a member’s contribution rate is temporarily reduced by statute, a memorandum of understanding, or the Director of Human Resources, those reductions shall be limited to the payment of member contributions during the reduction period and do not apply to the purchase of service credit or the redeposit of member contributions. The purchase of service credit and the redeposit of member contributions shall be subject to the normal rate of contribution for the member in effect immediately prior to the temporary rate reduction. (Amended by Stats. 2012, Ch. 665, Sec. 122. (SB 1308) Effective January 1, 2013.)
  200. 20673.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 8. Member Contributions [20671 - 20776] ( Chapter 8 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. Normal Contributions [20671 - 20694] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section sets the normal contribution rate for certain local safety members based on age and the rate schedule in effect for the applicable benefit formula.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 8. Member Contributions [20671 - 20776] ( Chapter 8 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. Normal Contributions [20671 - 20694] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20673. The normal rate of contribution for a local safety member subject to Section 21368 who after December 1, 1968, enters that membership or enters employment more than one year following termination of previous employment in which he or she was a local safety member shall be the rate specified for his or her age, at his or her birthday nearest to the date of that entry, in the rate schedule for the benefit formula applicable to that membership as established by the board in accordance with this chapter as it read on November 30, 1968, and in effect on that date, except that on and after January 1, 1977, female rates shall be adjusted to conform with male rates. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)

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