Government Code
Part 27 of 107 · provisions 5,201–5,400
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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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- 20674. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2.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. )
For certain members covered by Section 21366, the normal contribution rate is set by the board’s schedule, with a gender-rate adjustment rule effective on and 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 PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2.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 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. ) ## 20674. The normal rate of contribution for any member whose retirement allowance is determined under Section 21366, and who after December 1, 1968, enters that membership or enters employment more than one year after termination of employment in which he or she was subject to Section 21366, shall be the rate, specified in the schedule established by the board in accordance with this chapter as it read on November 30, 1968, and in effect on that date for that formula and benefit percentage, for the age at his or her birthday nearest to the date of his or her earliest service subject to any of those sections, whether or not contributions for that service were withdrawn or redeposited, increased by the number of completed years of his or her absence from any employment subject to any of such sections, 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.) - 20675. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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. )
If someone becomes a state safety member because of an amendment, the state safety member contribution rate applies only to compensation paid for service on and after the amendment’s effective date.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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. ) ## 20675. Whenever a person becomes a state safety member as a result of an amendment to this part defining state safety member, the rate of contributions provided for state safety members shall apply only to compensation paid that person for service on and after the effective date of the amendment. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.) - 20676. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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. )
For a person who becomes a state peace officer/firefighter member because of an amendment, the specified contribution rate applies only to compensation paid for service on or after that amendment’s effective date.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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. ) ## 20676. Whenever a person becomes a state peace officer/firefighter member as a result of an amendment to this part defining state peace officer/firefighter member, the rate of contribution provided for state peace officer/firefighter shall apply only to compensation paid the person for service on and after the effective date of the amendment. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.) - 20677. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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. )
This section sets the normal contribution rates for several categories of public retirement members, including different percentages and some reduced-rate rules tied to federal-system 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 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. ) ## 20677. (a) (1) The normal rate of contribution for a state miscellaneous member employed by the California State University, the University, or the legislative or judicial branch whose service is not included in the federal system shall be 6 percent of the compensation in excess of three hundred seventeen dollars ($317) per month paid that member for service rendered on and after July 1, 1976. (2) The normal rate of contribution for a school member or a local miscellaneous member shall be 7 percent of the compensation paid that member for service rendered on and after June 21, 1971. (3) Notwithstanding paragraph (2), the normal rate of contribution for a local miscellaneous member subject to Section 21354.3, 21354.4, or 21354.5 shall be 8 percent of the compensation paid that member for service rendered on and after the date the member’s contracting agency elects to be subject to that section. (4) The normal rate of contribution as established under this subdivision for a local miscellaneous or school member whose service is included in the federal system, and whose service retirement allowance is reduced under Section 21353, 21354, 21354.1, 21354.3, 21354.4, or 21354.5 because of that inclusion, shall be reduced by one-third as applied to compensation not exceeding four hundred dollars ($400) per month for service after the date of execution of the agreement including service in the federal system and prior to termination of the agreement with respect to the coverage group to which he or she belongs. Notwithstanding the foregoing, effective January 1, 2001, the normal rate of contribution for school members whose service is included in the federal system shall not be reduced pursuant to this paragraph as applied to compensation earned on or after that date. (b) (1) The normal rate of contribution for a state miscellaneous member employed by the California State University, the University, or the legislative or judicial branch whose service has been included in the federal system shall be 5 percent of compensation in excess of five hundred thirteen dollars ($513) per month paid that member for service rendered on and after July 1, 1976. (2) The normal rate of contribution for a state miscellaneous or industrial member employed by the California State University, the University, or the legislative or judicial branch, who has elected to be subject to Section 21353.5 and whose service has been included in the federal system, shall be 5 percent of compensation, subject to the reduction specified in paragraph (5) of subdivision (a). (Amended by Stats. 2003, Ch. 62, Sec. 132. Effective January 1, 2004.) - 20677.4. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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. )
This section sets contribution rates for certain state miscellaneous and state industrial members, and gives the Director of Human Resources discretion to set a rate for certain excluded state employees and executive branch officers or 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 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. ) ## 20677.4. (a) (1) The normal rate of contribution for a state miscellaneous or state industrial member whose service is not included in the federal system shall be 6 percent of the compensation in excess of three hundred seventeen dollars ($317) per month paid to that member for service rendered on or after July 1, 1976. (2) The normal rate of contribution for a state miscellaneous or state industrial member, who has elected to be subject to Section 21353.5 and whose service is not included in the federal system, shall be 6 percent of the member’s compensation. (3) The normal rate of contribution as established under this subdivision for a member whose service is included in the federal system, and whose service retirement allowance is reduced under Section 21354.1, because of that inclusion, shall be reduced by one-third as applied to compensation not exceeding four hundred dollars ($400) per month for service after the date of execution of the agreement including service in the federal system and prior to termination of the agreement with respect to the coverage group to which the member belongs. (b) The normal rate of contribution for a state miscellaneous or state industrial member whose service has been included in the federal system shall be 5 percent of compensation in excess of five hundred thirteen dollars ($513) per month paid that member for service rendered on or after July 1, 1976. (c) The normal rate of contribution for a state miscellaneous or state industrial member who is subject to Section 21076, 21076.5, or 21077 shall be determined in the manner described in Section 20683.2. (d) A member who elected to become subject to Section 21353 solely for service rendered on or after the effective date of the election, as authorized by subdivision (c) of Section 21070 during the period between November 1, 1988, and October 31, 1989, is not required to make the contributions specified in Section 21073. (e) A member who elects to become subject to Section 21354.1, as applicable, shall contribute at the rate specified in paragraph (1) of subdivision (a) or paragraph (1) of subdivision (b), as determined by the member’s status with the federal system, and the rate shall be applied from the first of the month following the date of the election. A member who makes the election shall also contribute for service prior to the date the contribution rate was applied, in the manner specified in Section 21073 or 21073.1, as applicable. (f) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, 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, the provisions shall not become effective unless and until approved by the Legislature in the annual Budget Act. (g) Consistent with the normal rate of contribution for all members identified in this section, the Director of Human Resources may exercise their discretion to establish the normal rate of contribution for a state employee who is excepted from the definition of “state employee” in subdivision (c) of Section 3513, and an officer or employee of the executive branch of state government who is not a member of the civil service. The normal rate of contribution shall be the same for all members identified in this subdivision. The contribution rate shall be effective the beginning of the pay period indicated by the Director of Human Resources. (Amended by Stats. 2023, Ch. 39, Sec. 3. (AB 130) Effective July 10, 2023.) - 20677.5. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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. )
This section sets normal contribution rates for certain state miscellaneous and state industrial members, and lets the Director of the Department of Human Resources set a rate for some other 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 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. ) ## 20677.5. (a) Notwithstanding any provisions of Section 20677.4 to the contrary, effective with the beginning of the pay period following the operative date of the amendments to this section made by Senate Bill 151 of the 2011–12 Regular Session, the normal rate of contribution for state miscellaneous or state industrial members who are subject to Section 21353 or 21354.1, and who are represented by State Bargaining Unit 2, shall be: (1) Ten percent of the compensation in excess of three hundred seventeen dollars ($317) per month paid to a state industrial member whose service is not included in the federal system. (2) Nine percent of compensation in excess of five hundred thirteen dollars ($513) per month paid to a state industrial member whose service has been included in the federal system. (3) Effective July 1, 2022, nine and one-half percent of compensation in excess of three hundred seventeen dollars ($317) per month paid to a state miscellaneous member whose service is not included in the federal system. (4) Effective July 1, 2022, eight and one-half percent of compensation in excess of five hundred thirteen dollars ($513) per month paid to a state miscellaneous member whose service is included in the federal system. (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, 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, the provisions shall not become effective unless and until approved by the Legislature in the annual Budget Act. (c) Consistent with the normal rate of contribution for all members identified in this section, the Director of the Department of Human Resources may exercise their discretion to establish the normal rate of contribution for a state employee who is excepted from the definition of “state employee” in subdivision (c) of Section 3513, and an officer or employee of the executive branch of state government who is not a member of the civil service. The normal rate of contribution shall be the same for all members identified in this subdivision. The contribution rate shall be effective the beginning of the pay period indicated by the Director of the Department of Human Resources. (Amended by Stats. 2023, Ch. 39, Sec. 4. (AB 130) Effective July 10, 2023.) - 20677.5.1. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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. )
This section keeps certain employee contribution rates in place through June 30, 2027, then sets a formula for later adjustments for State Bargaining Unit 2 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 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. ) ## 20677.5.1. (a) Effective July 1, 2025, to June 30, 2027, inclusive, the employee contributions described in Section 20677.5 for state miscellaneous and industrial members represented by State Bargaining Unit 2 shall remain in place. (b) Notwithstanding Sections 20677.4, 20677.5, and 20683.1, effective July 1, 2027, the normal contribution rates for state miscellaneous or state industrial members who are represented by State Bargaining Unit 2 shall be adjusted in accordance with this section when both of the following occur: (1) The total normal cost rate for the category in effect for the 2022–23 fiscal year has increased or decreased by at least 1 percent. (2) Fifty percent of the new normal cost rate, rounded to the nearest one-quarter of 1 percent, is greater or less than the normal contribution rate established in Section 20677.5. (c) If on July 1, 2027, the board determines that the requirements of paragraphs (1) and (2) of subdivision (a) have been met, the normal rate of contribution for state miscellaneous or state industrial members who are represented by State Bargaining Unit 2 shall be adjusted to 50 percent of the normal cost rate rounded to the nearest one-quarter of 1 percent, but not to increase or decrease by more than 1 percent. (d) Each year thereafter, the rate shall only be adjusted if the board determines the total normal cost rate increases or decreases by more than 1 percent of payroll above the total normal cost rate in effect at the time the employee contribution rate was last adjusted. The increase or decrease to the employee contribution in any given fiscal year shall not exceed 1 percent per year. (e) The normal rate of contribution established pursuant to this section shall be applied to the compensation in excess of three hundred seventeen dollars ($317) per month paid to a member whose service is not included in the federal system or in excess of five hundred thirteen dollars ($513) for one whose service is included in the federal system. (f) Consistent with the normal rate of contribution for all members identified in this section, the Director of the Department Human Resources may exercise their discretion to establish the normal rate of contributions for a state employee who is excepted from the definition of “state employee” in subdivision (c) of Section 3513, and an officer or employee of the executive branch of state government who is not a member of the civil service. The normal rate of contribution shall be the same for all members identified in this subdivision. The contribution rate shall be effective at the beginning of the pay period indicated by the Director of the Department of Human Resources. (g) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, 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, the provisions shall not become effective unless and until approved by the Legislature in the annual Budget Act. (Amended by Stats. 2025, Ch. 78, Sec. 9. (AB 138) Effective July 29, 2025.) - 20677.6. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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. )
Sets contribution rates for certain state miscellaneous or industrial members, with different percentages depending on whether the member’s service is 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 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. ) ## 20677.6. (a) Notwithstanding Section 20677.4, effective with the beginning of the pay period following the effective date of this section, the normal rate of contribution for state miscellaneous or state industrial members who are represented by State Bargaining Units 12, 16, 18, and 19, shall be: (1) Eleven percent of the compensation in excess of three hundred seventeen dollars ($317) per month paid to a member whose service is not included in the federal system. (2) Ten percent of compensation in excess of five hundred thirteen dollars ($513) per month paid to that member whose service has been included in the federal system. (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, 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, the provisions shall not become effective unless and until approved by the Legislature in the annual Budget Act. (c) Consistent with the normal rate of contribution for all members identified in this subdivision, the Director of the Department of Human Resources may exercise his or her discretion to establish the normal rate of contribution for a related state employee who is excepted from the definition of “state employee” in subdivision (c) of Section 3513, and an officer or employee of the executive branch of state government who is not a member of the civil service. (d) Notwithstanding Section 20677.4, effective with the beginning of the pay period following the operative date of the amendments to this section made by Senate Bill 151 of the 2011–12 Regular Session, this section shall apply to state miscellaneous or state industrial members who are represented by State Bargaining Unit 13. (Amended by Stats. 2018, Ch. 903, Sec. 9. (SB 1504) Effective January 1, 2019.) - 20677.61. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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. )
This section sets employee normal contribution rates for State Bargaining Unit 12 members, with different percentages depending on member type, federal-system status, and effective date.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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. ) ## 20677.61. (a) Notwithstanding Sections 20677.4 and 20677.6, effective July 1, 2024, the normal contribution rate for state miscellaneous and industrial members who are represented by State Bargaining Unit 12 shall be as follows: (1) Nine and one-half percent of compensation in excess of five hundred thirteen dollars ($513) per month paid to that member whose service has been included in the federal system. (2) Ten and one-half percent of compensation in excess of three hundred seventeen dollars ($317) per month paid to that member whose service is not included in the federal system. (b) Effective July 1, 2025, the normal contribution rate for state miscellaneous members who are represented by State Bargaining Unit 12 shall be as follows: (1) Nine percent of compensation in excess of five hundred thirteen dollars ($513) per month paid to that member whose service has been included in the federal system. (2) Ten percent of compensation in excess of three hundred seventeen dollars ($317) per month paid to the member whose service is not included in the federal system. (c) Effective July 1, 2025, the normal contribution rate for state industrial members who are represented by State Bargaining Unit 12 shall remain at: (1) Nine and one-half percent of compensation in excess of five hundred thirteen dollars ($513) per month paid to that member whose service has been included in the federal system. (2) Ten and one-half percent of compensation in excess of three hundred seventeen dollars ($317) per month paid to the member whose service is not included in the federal system. (d) Effective July 1, 2026, the employee contribution rates in subdivisions (b) and (c) shall remain in effect for state miscellaneous or industrial members unless the board determines that: (1) The total normal cost rate increases or decreases by more than 1 percent from the 2025–26 fiscal year total normal cost. (2) Fifty percent of the normal cost rate rounded to the nearest one-quarter of 1 percent is greater or lesser than the employee contribution rates in subdivisions (b) and (c). (e) When the board determines that paragraphs (1) and (2) of subdivision (d) have been met, the employee contribution rate for miscellaneous or industrial members shall be adjusted to 50 percent of the normal cost rate rounded to the nearest quarter of 1 percent on July 1 of the fiscal year after the determination. (f) (1) Each year thereafter, the employee contribution rate shall not be adjusted again on account of a change to the normal cost rate unless the board determines that the normal cost rate has increased or decreased by more than 1 percent of payroll above the total normal cost rate in effect at the time the employee contribution rate was last adjusted. (2) Employee contributions shall continue to be a percentage of pensionable compensation in excess of five hundred and thirteen dollars ($513) per month paid to the member whose service has been included in the federal system or in excess of three hundred and seventeen dollars ($317) per month paid to the member whose service has not been included in the federal system. (g) Effective July 1, 2025, to June 30, 2027, inclusive, increases to employee contributions provided in subdivisions (d) and (f) shall be suspended. (h) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, 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, the provisions shall not become effective unless and until approved by the Legislature in the annual Budget Act. (i) Consistent with the normal rate of contribution for all members identified in this section, the Director of the Department of Human Resources may exercise discretion to establish the normal rate of contribution for a related state employee who is excepted from the definition of “state employee” in subdivision (c) of Section 3513, and an officer or employee of the executive branch of state government who is not a member of the civil service. (Amended by Stats. 2025, Ch. 78, Sec. 10. (AB 138) Effective July 29, 2025.) - 20677.7. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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. )
This section sets the normal contribution rates for certain state miscellaneous or state industrial members in Bargaining Units 8 and 5, and gives the Director of the Department of Human Resources discretion to set a related rate for certain excluded 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 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. ) ## 20677.7. (a) Notwithstanding Section 20677.4, effective with the beginning of the September 2010 pay period, the normal rate of contribution for state miscellaneous or state industrial members who are represented by State Bargaining Unit 8, shall be: (1) Eleven percent of the compensation in excess of three hundred seventeen dollars ($317) per month paid to a member whose service is not included in the federal system. (2) Ten percent of compensation in excess of five hundred thirteen dollars ($513) per month paid to a member whose service has been included in the federal system. (b) Notwithstanding Section 20677.4, effective with the beginning of the September 2010 pay period, the normal rate of contribution for state miscellaneous or state industrial members who are represented by State Bargaining Unit 5 shall be: (1) Eight percent of the compensation in excess of three hundred seventeen dollars ($317) per month paid to a member whose service is not included in the federal system. (2) Seven percent of compensation in excess of five hundred thirteen dollars ($513) per month paid to a member whose service has been included in the federal system. (c) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, 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, the provisions shall not become effective unless and until approved by the Legislature in the annual Budget Act. (d) Consistent with the normal rate of contribution for all members identified in this subdivision, the Director of the Department of Human Resources may exercise his or her discretion to establish the normal rate of contribution for a related state employee who is excepted from the definition of “state employee” in subdivision (c) of Section 3513, and an officer or employee of the executive branch of state government who is not a member of the civil service. (Amended by Stats. 2018, Ch. 903, Sec. 10. (SB 1504) Effective January 1, 2019.) - 20677.71. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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. )
Sets contribution rates for certain state employees and lets the Director of the Department of Human Resources set a related rate for some other 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 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. ) ## 20677.71. (a) Notwithstanding Section 20677.4, effective with the beginning of the pay period following ratification by the affected union membership and enactment of this section, the normal rate of contribution for state miscellaneous or state industrial members who are represented by State Bargaining Unit 1, 3, 4, 11, 14, 15, 17, 20, or 21 shall be: (1) Nine percent of the compensation in excess of three hundred seventeen dollars ($317) per month paid to a member whose service is not included in the federal system. (2) Eight percent of compensation in excess of five hundred thirteen dollars ($513) per month paid to that member whose service has been included in the federal system. (b) Notwithstanding Section 20677.4, effective with the beginning of the pay period following the operative date of the amendments to this section made by Senate Bill 151 of the 2011–12 Regular Session, this section shall apply to state miscellaneous or state industrial members who are represented by State Bargaining Unit 6, 7, 9, or 10. (c) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, 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, the provisions shall not become effective unless and until approved by the Legislature in the annual Budget Act. (d) Consistent with the normal rate of contribution for all members identified in this subdivision, the Director of the Department of Human Resources may exercise his or her discretion to establish the normal rate of contribution for a related state employee who is excepted from the definition of “state employee” in subdivision (c) of Section 3513, and an officer or employee of the executive branch of state government who is not a member of the civil service. (Amended by Stats. 2018, Ch. 903, Sec. 11. (SB 1504) Effective January 1, 2019.) - 20677.8. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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. )
Patrol members must pay a 10% contribution on compensation over $863 per month starting with the September 2010 pay period.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 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. ) ## 20677.8. (a) Notwithstanding Sections 20681 and 20694, effective with the beginning of the September 2010 pay period, the normal rate of contribution for patrol members shall be 10 percent of the compensation in excess of eight hundred sixty-three dollars ($863) per month paid to those members. (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, 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, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (c) Consistent with the normal rate of contribution for all members identified in this subdivision, the Director of the Department of Human Resources may exercise his or her discretion to establish the normal rate of contribution for a related state employee who is excepted from the definition of “state employee” in subdivision (c) of Section 3513, and an officer or employee of the executive branch of state government who is not a member of the civil service. (Amended by Stats. 2018, Ch. 903, Sec. 12. (SB 1504) Effective January 1, 2019.) - 20677.9. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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. )
Some state safety members must pay an 11% contribution rate on compensation above specified monthly thresholds, and the Department of Human Resources director may set a related contribution rate for certain other 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 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. ) ## 20677.9. (a) Notwithstanding Section 20683, effective with the beginning of the pay period following the effective date of this section, the normal rate of contribution for state safety members who are represented by State Bargaining Units 12, 16, 18, and 19 shall be 11 percent of compensation in excess of three hundred seventeen dollars ($317) per month paid to a member whose service is not included in the federal system or in excess of five hundred thirteen dollars ($513) for one whose service is included in the federal system. (b) Notwithstanding Section 20683, effective with the beginning of the pay period following the operative date of the amendments to this section made by Senate Bill 151 of the 2011–12 Regular Session, this section shall apply to state safety members who are represented by State Bargaining Unit 13. (c) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without further legislative action, except that if those provisions of the memorandum of understanding require the expenditure of funds, those provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (d) Consistent with the normal rate of contribution for all members identified in this subdivision, the Director of the Department of Human Resources may exercise his or her discretion to establish the normal rate of contribution for a related state employee who is excepted from the definition of “state employee” in subdivision (c) of Section 3513, and an officer or employee of the executive branch of state government who is not a member of the civil service. (Amended by Stats. 2018, Ch. 903, Sec. 13. (SB 1504) Effective January 1, 2019.) - 20677.91. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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. )
Sets the normal contribution rate for certain state safety members at 9% of compensation above specified monthly thresholds, and lets the Director of the Department of Human Resources set the rate for certain related 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 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. ) ## 20677.91. (a) Notwithstanding Section 20683, effective with the beginning of the pay period following ratification by the affected union membership and enactment of this section, the normal rate of contribution for state safety members who are represented by State Bargaining Unit 1, 3, 4, 11, 14, 15, 17, 20, or 21 shall be 9 percent of compensation in excess of three hundred seventeen dollars ($317) per month paid to a member whose service is not included in the federal system or in excess of five hundred thirteen dollars ($513) for one whose service is included in the federal system. (b) Notwithstanding Section 20683, effective with the beginning of the pay period following the operative date of the amendments to this section made by Senate Bill 151 of the 2011–12 Regular Session, this section shall apply to state safety members who are represented by State Bargaining Unit 7, 9, or 10. (c) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without further legislative action, except that if those provisions of the memorandum of understanding require the expenditure of funds, those provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (d) Consistent with the normal rate of contribution for all members identified in this subdivision, the Director of the Department of Human Resources may exercise his or her discretion to establish the normal rate of contribution for a related state employee who is excepted from the definition of “state employee” in subdivision (c) of Section 3513, and an officer or employee of the executive branch of state government who is not a member of the civil service. (Amended by Stats. 2018, Ch. 903, Sec. 14. (SB 1504) Effective January 1, 2019.) - 20677.92. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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. )
This section sets when employee contribution rates for certain state safety members may stay the same or be adjusted, based on board findings and percentage thresholds.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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. ) ## 20677.92. (a) Notwithstanding Sections 20683 and 20677.9, effective July 1, 2026, the normal rate of contribution for state safety members who are represented by State Bargaining Unit 12 described in Section 20677.9 shall remain in effect unless the board has determined that both of the following conditions have been met: (1) The total normal cost rate has increased or decreased by more than 1 percent from the 2025–26 fiscal year total normal cost. (2) Fifty percent of the new normal cost rate, rounded to the nearest one-quarter of 1 percent, is greater or less than the normal contribution rates established in Section 20677.9. (b) If the board determines that the requirements of paragraph (1) and (2) of subdivision (a) have been met, the normal contribution rate for state safety members who are represented by State Bargaining Unit 12 shall be adjusted to 50 percent of the normal cost rate rounded to the nearest one-quarter of 1 percent on July 1 of the fiscal year after the determination. (c) (1) Each year thereafter, the rate shall only be adjusted if the board determines that the total normal cost rate increases or decreases by more than 1 percent of payroll above the total normal cost rate in effect at the time the employee contribution rate was last adjusted. (2) Employee contributions shall continue to be a percentage of pensionable compensation in excess of three hundred and seventeen dollars ($317) per month paid to the member. (d) Effective July 1, 2025, to June 30, 2027, inclusive, increases to employee contributions provided in subdivision (a) shall be suspended. (e) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, 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, the provisions shall not become effective unless and until approved by the Legislature in the annual Budget Act. (f) Consistent with the normal rate of contribution for all members identified in this section, the Director of the Department of Human Resources may exercise discretion to establish the normal rate of contribution for a related state employee who is excepted from the definition of “state employee” in subdivision (c) of Section 3513, and an officer or employee of the executive branch of state government who is not a member of the civil service. (Amended by Stats. 2025, Ch. 78, Sec. 11. (AB 138) Effective July 29, 2025.) - 20677.93. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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. )
Sets employee contribution rates for State Bargaining Unit 19 members and gives the board and the Director of Human Resources limited adjustment authority.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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. ) ## 20677.93. (a) Notwithstanding Sections 20677.4 and 20677.6, effective July 1, 2024, the normal contribution rate for state miscellaneous and industrial members who are represented by State Bargaining Unit 19 shall be as follows: (1) Nine and one-half percent of compensation in excess of five hundred thirteen dollars ($513) per month paid to that member whose service has been included in the federal system. (2) Ten and one-half percent of compensation in excess of three hundred seventeen dollars ($317) per month paid to that member whose service is not included in the federal system. (b) Effective July 1, 2025, the normal contribution rate for state miscellaneous members who are represented by State Bargaining Unit 19 shall be as follows: (1) Nine percent of compensation in excess of five hundred thirteen dollars ($513) per month paid to that member whose service has been included in the federal system. (2) Ten percent of compensation in excess of three hundred seventeen dollars ($317) per month paid to the member whose service is not included in the federal system. (c) Effective July 1, 2025, the normal contribution rate for state industrial members who are represented by State Bargaining Unit 19 shall remain at: (1) Nine and one-half percent of compensation in excess of five hundred thirteen dollars ($513) per month paid to that member whose service has been included in the federal system. (2) Ten and one-half percent of compensation in excess of three hundred seventeen dollars ($317) per month paid to the member whose service is not included in the federal system. (d) Effective July 1, 2027, the employee contribution rates in subdivisions (b) and (c) shall remain in effect unless the board has determined that both of the following conditions have been met: (1) The total normal cost rate increases or decreases by more than 1 percent from the 2025–26 fiscal year total normal cost. (2) Fifty percent of the normal cost rate rounded to the nearest one-quarter of 1 percent is greater or lesser than the employee contribution rates in subdivisions (b) and (c). (e) When the board determines that paragraphs (1) and (2) of subdivision (d) have been met, the employee contribution rate for miscellaneous or industrial members shall be adjusted to 50 percent of the normal cost rate rounded to the nearest quarter of 1 percent on July 1 of the fiscal year after the determination. (f) Each year thereafter, the employee contribution rate shall not be adjusted again on account of a change to the normal cost rate unless the board determines that the normal cost rate has increased or decreased by more than 1 percent of payroll above the total normal cost rate in effect at the time the employee contribution rate was last adjusted. (g) Employee contributions shall continue to be a percentage of pensionable compensation in excess of five hundred and thirteen dollars ($513) per month paid to the member whose service has been included in the federal system or in excess of three hundred and seventeen dollars ($317) per month paid to the member whose service has not been included in the federal system. (h) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, 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, the provisions shall not become effective unless and until approved by the Legislature in the annual Budget Act. (i) Consistent with the normal rate of contribution for all members identified in this section, the Director of the Department of Human Resources may exercise discretion to establish the normal rate of contribution for a related state employee who is excepted from the definition of “state employee” in subdivision (c) of Section 3513, and an officer or employee of the executive branch of state government who is not a member of the civil service. (Amended by Stats. 2025, Ch. 78, Sec. 12. (AB 138) Effective July 29, 2025.) - 20677.94. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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. )
This section sets when the normal contribution rate for certain State Bargaining Unit 19 safety members stays the same or must be adjusted, and it lets the Director of the Department of Human Resources set a related rate in some cases.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 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. ) ## 20677.94. (a) Notwithstanding Sections 20677.9 and 20683, effective July 1, 2027, the normal rate of contribution for state safety members who are represented by State Bargaining Unit 19 described in Section 20677.9 shall remain in effect unless the board has determined that both of the following conditions have been met: (1) The total normal cost rate has increased or decreased by more than 1 percent from the 2025–26 fiscal year total normal cost. (2) Fifty percent of the new normal cost rate, rounded to the nearest one-quarter of 1 percent, is greater or less than the normal contribution rates established in Section 20677.9. (b) If the board determines that the requirements of paragraph (1) and (2) of subdivision (a) have been met, the normal contribution rate for state safety members who are represented by State Bargaining Unit 19 shall be adjusted to 50 percent of the normal cost rate rounded to the nearest one-quarter of 1 percent on July 1 of the fiscal year after the determination. (c) (1) Each year thereafter, the rate shall only be adjusted if the board determines that the total normal cost rate increases or decreases by more than 1 percent of payroll above the total normal cost rate in effect at the time the employee contribution rate was last adjusted. (2) Employee contributions shall continue to be a percentage of pensionable compensation in excess of three hundred and seventeen dollars ($317) per month paid to the member. (d) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, 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, the provisions shall not become effective unless and until approved by the Legislature in the annual Budget Act. (e) Consistent with the normal rate of contribution for all members identified in this section, the Director of the Department of Human Resources may exercise discretion to establish the normal rate of contribution for a related state employee who is excepted from the definition of “state employee” in subdivision (c) of Section 3513, and an officer or employee of the executive branch of state government who is not a member of the civil service. (Amended by Stats. 2025, Ch. 78, Sec. 13. (AB 138) Effective July 29, 2025.) - 20677.95. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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. )
This section sets different normal contribution rates for certain state peace officer/firefighter members and lets the Director of the Department of Human Resources set a rate for some related 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 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. ) ## 20677.95. (a) Notwithstanding Section 20687, effective with the beginning of the September 2010 pay period, the normal rate of contribution for state peace officer/firefighter members who are represented by State Bargaining Unit 8 shall be 10 percent of the compensation in excess of two hundred thirty-eight dollars ($238) per month paid to those members. (b) Notwithstanding Section 20687, effective with the beginning of the pay period following the operative date of the amendments to this section made by Senate Bill 151 of the 2011–12 Regular Session, the normal rate of contribution for state peace officer/firefighter members who are represented by State Bargaining Unit 6 shall be 11 percent of the compensation in excess of eight hundred sixty-three dollars ($863) per month paid to those members. (c) Notwithstanding Section 20687, effective with the beginning of the pay period following the operative date of the amendments to this section made by Senate Bill 151 of the 2011–12 Regular Session, the normal rate of contribution for state peace officer/firefighter members who are represented by State Bargaining Unit 7 shall be 10 percent of the compensation in excess of five hundred thirteen dollars ($513) per month paid to those members. (d) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5 or pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1, the memorandum of understanding shall be controlling without further legislative action, except that if those 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. (e) Consistent with the normal rate of contribution for all members identified in this subdivision, the Director of the Department of Human Resources may exercise his or her discretion to establish the normal rate of contribution for a related state employee who is excepted from the definition of “state employee” in subdivision (c) of Section 3513, and an officer or employee of the executive branch of state government who is not a member of the civil service. (Amended by Stats. 2018, Ch. 903, Sec. 15. (SB 1504) Effective January 1, 2019.) - 20677.96. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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. )
This section sets the normal contribution rate for certain employees under Section 20677.95 and says the rate is adjusted in some cases.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 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. ) ## 20677.96. (a) Notwithstanding Sections 20677.95 and 20687, beginning July 1, 2013, the normal rate of contribution for employees subject to subdivision (a) of Section 20677.95 shall be the contribution established pursuant to Section 20677.95, as adjusted by Section 7522.30, in excess of the compensation identified in subdivision (c) of Section 20677.95 and effective July 1, 2014, the normal rate of contribution for employees subject to subdivision (a) of Section 20677.95 shall be the contribution established pursuant to Section 20677.95, as adjusted by Section 7522.30, in excess of the compensation identified in subdivision (b) of Section 20677.95. (b) The contribution rate for a related state employee who is exempted from the definition of “state employee,” or an officer or employee of the executive branch who is not a member of the civil service, shall be adjusted accordingly. (Added by Stats. 2012, Ch. 296, Sec. 22. (AB 340) Effective January 1, 2013.) - 20678. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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. )
This section sets normal contribution rates for certain local safety members and applies different percentages and monthly compensation thresholds in some cases.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 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. ) ## 20678. (a) For each local safety member subject to Section 21362, 21362.2, or 21363.1 by reason of the amendment of his or her employer’s contract, or on the later date of entrance into this system, the normal rate of contribution shall be 9 percent of the compensation paid to those members. For those members whose service is included in the federal system, the normal rate of contribution shall be 9 percent of the compensation in excess of one hundred thirty-three dollars and thirty-three cents ($133.33) per month paid to those members. (b) The normal rate of contribution for local safety members subject to Section 21363 shall be 8 percent of the compensation paid to those members. For those members whose service is included in the federal system, the normal rate of contribution shall be 8 percent of the compensation in excess of two hundred thirty-eight dollars ($238.00) per month paid to those members. (c) Notwithstanding subdivision (b), the normal rate of contribution for local safety members of the City of Sacramento subject to Section 21363 shall be 9 percent of the compensation paid to those members. (d) No adjustment shall be included in rates adopted under this section as the result of amendments hereto, changing the time at which members may retire or the benefits members will receive, because of time during which members have contributed at different rates prior to the adoption. (e) The amendments to this section enacted during the first year of the 2001–02 Regular Session shall be operative retroactively to January 1, 2000. (Amended by Stats. 2001, Ch. 21, Sec. 5. Effective June 25, 2001. Applicable from January 1, 2000, by Sec. 37 of Ch. 21.) - 20680. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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. )
Certain contracting agencies that are auxiliary organizations may use a contract or contract amendment to give their local miscellaneous employees the same normal contribution rates that apply to state miscellaneous 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 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. ) ## 20680. Contracting agencies which are auxiliary organizations as defined in Section 89901 of the Education Code may by contract or by contract amendment provide the same rates of normal contributions for their employees who are local miscellaneous members as are applicable to state miscellaneous members pursuant to Section 20677 on the effective date of the contract or contract amendment. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.) - 20681. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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. )
Patrol members’ contribution rate is 8% of compensation above $863 per month, and the Legislature may later increase that 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 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. ) ## 20681. (a) The normal rate of contribution for patrol members shall be 8 percent of the compensation in excess of eight hundred sixty-three dollars ($863) per month paid to those members. The Legislature reserves the right to increase the rate of contribution of patrol members as it may find appropriate from time to time. (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, 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, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (c) The provisions of a memorandum of understanding pertaining to subdivision (a) may be applied to patrol members who either are excluded from the definition of state employees in subdivision (c) of Section 3513, or are nonelected officers or employees of the executive branch of government and are not members of the civil service, provided the Department of Human Resources has approved this inclusion and has notified the board. (Amended by Stats. 2018, Ch. 903, Sec. 16. (SB 1504) Effective January 1, 2019.) - 20682. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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. )
This section sets the normal contribution rates for certain state employees and executive-branch employees who are not civil service 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 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. ) ## 20682. Notwithstanding Sections 20677.4, 20677.5, 20677.6, 20677.9, 20683, 20683.1, 20686, and 20687, effective with the beginning of the pay period following enactment of this section, the normal rate of contribution for a state employee who is excepted from the definition of “state employee” in subdivision (c) of Section 3513, and an officer or employee of the executive branch of state government who is not a member of the civil service shall be the following: (a) For state miscellaneous or state industrial members: (1) Nine percent of the compensation in excess of three hundred seventeen dollars ($317) per month paid to a member whose service is not included in the federal system. (2) Eight percent of compensation in excess of five hundred thirteen dollars ($513) per month paid to that member whose service has been included in the federal system. (b) Effective with the beginning of the October 2016 pay period, for state miscellaneous or state industrial members who are excepted from the definition of “state employee” in subdivision (c) of Section 3513 and related to State Bargaining Unit 2: (1) Ten percent of the compensation in excess of three hundred seventeen dollars ($317) per month paid to a member whose service is not included in the federal system. (2) Nine percent of compensation in excess of five hundred thirteen dollars ($513) per month paid to that member whose service has been included in the federal system. (c) State safety members shall be 9 percent of compensation in excess of three hundred seventeen dollars ($317) per month paid to a member whose service is not included in the federal system or in excess of five hundred thirteen dollars ($513) for one whose service is included in the federal system. (d) Peace officer/firefighter members shall be 11 percent of compensation in excess of eight hundred sixty-three dollars ($863) for state employees who are excepted from the definition of “state employee” in subdivision (c) of Section 3513 and related to State Bargaining Unit 6. (e) Peace officer/firefighter members shall be 11 percent of compensation in excess of five hundred thirteen dollars ($513) for state employees who are excepted from the definition of “state employee” in subdivision (c) of Section 3513 and related to State Bargaining Unit 7. (Amended by Stats. 2016, Ch. 323, Sec. 9. (AB 1630) Effective September 13, 2016.) - 20683. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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. )
This section sets contribution rates for certain state and local retirement system members, allows the Director of Human Resources to set a rate for certain employees, and gives special timing and reduction rules in specific 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 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. ) ## 20683. (a) For each state member subject to Section 21369 or 21369.1, the normal rate of contribution shall be 6 percent of compensation in excess of three hundred seventeen dollars ($317) per month paid to a member whose service is not included in the federal system or in excess of five hundred thirteen dollars ($513) for one whose service is included in the federal system. If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without further legislative action, except that if those provisions of the memorandum of understanding require the expenditure of funds, those provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (b) Consistent with the normal rate of contribution for all members identified in this section, the Director of Human Resources may exercise their discretion to establish the normal rate of contribution for a state employee who is excepted from the definition of “state employee” in subdivision (c) of Section 3513, and an officer or employee of the executive branch of state government who is not a member of the civil service. The normal rate of contribution shall be the same for all members identified in this subdivision. The contribution rate shall be effective the beginning of the pay period indicated by the Director of Human Resources. (c) For each local safety member subject to Section 21369, the normal rate of contribution shall be 7 percent of compensation. (d) The normal rate of contribution as established under this section for a local member whose service is included in the federal system and whose retirement allowance is reduced because of that inclusion shall be reduced by one-third as applied to compensation not exceeding four hundred dollars ($400) per month for service rendered after the date of execution of the modification of the federal-state agreement including those services in the federal system and prior to termination of the member’s coverage under the federal system. (e) The operative date of this section with respect to a local safety member shall be the date upon which the member becomes subject to Section 21369. (Amended by Stats. 2023, Ch. 39, Sec. 6. (AB 130) Effective July 10, 2023.) - 20683.1. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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. )
Sets a 10% contribution rate for certain state safety members and lets the Director of Human Resources set the rate for certain other 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 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. ) ## 20683.1. (a) For each state safety member subject to Section 21369 or 21369.1 who is represented by State Bargaining Unit 2, the normal rate of contribution shall be 10 percent of compensation in excess of three hundred seventeen dollars ($317) per month paid to a member whose service is not included in the federal system beginning with the pay period following the operative date of the amendments to this section made by Senate Bill 151 of the 2011–12 Regular Session. If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without further legislative action, except that if those provisions of the memorandum of understanding require the expenditure of funds, those provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (b) Consistent with the normal rate of contribution for all members identified in this section, the Director of Human Resources may exercise their discretion to establish the normal rate of contribution for a state employee who is excepted from the definition of “state employee” in subdivision (c) of Section 3513, and an officer or employee of the executive branch of state government who is not a member of the civil service. The normal rate of contribution shall be the same for all members identified in this subdivision. The contribution rate shall be effective the beginning of the pay period indicated by the Director of Human Resources. (Amended by Stats. 2023, Ch. 39, Sec. 7. (AB 130) Effective July 10, 2023.) - 20683.2. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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. )
This section sets the normal-cost contribution standard for public employee retirement plans and lets the California State University require members to pay part of benefit costs, subject to caps and bargaining 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 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. ) ## 20683.2. Equal sharing of normal costs between the state employer and public 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. Equal sharing of normal costs is currently the standard for most state employees. (a) Notwithstanding any other section of this code, or other provision of law in conflict with this section, except as provided in Section 7522.30, normal contribution rates for defined benefit plans for state employees of public employers as defined in paragraph (1) of subdivision (i) of Section 7522.04, excluding the California State University, which shall be subject to subdivision (b), shall be determined as follows: (1) Normal cost contribution rates shall increase as follows: (A) The contribution rate for State Peace Officer/Firefighter members in State Bargaining Unit 6 and for State Safety members in State Bargaining Units 1, 3, 4, 7, 9, 10, 11, 14, 15, 17, 20, and 21 will increase by 1.0 percentage point on July 1, 2013, and will increase by an additional 1.0 percentage point on July 1, 2014. (B) The contribution rate for State Peace Officer/Firefighter members in State Bargaining Units 7 and 8 will increase by 1.5 percentage points on July 1, 2013, and will increase by an additional 1.5 percentage points on July 1, 2014. (C) The contribution rate for state industrial members in State Bargaining Units 1, 3, 4, 6, 9, 10, 11, 14, 15, 17, and 20 will increase by 1.0 percentage point on July 1, 2013. (D) The contribution rate for state miscellaneous and industrial members that have elected the Second Tier benefit formula will increase by 1.5 percentage points annually starting July 1, 2013. The final annual increase in the contribution rate shall be adjusted as appropriate. (E) The contribution rate for State Safety members in State Bargaining Unit 2 and state miscellaneous members in State Bargaining Unit 5 will increase by 1.0 percentage point on July 1, 2013. (F) The contribution rate for Patrol members in State Bargaining Unit 5 will increase by 1.5 percentage points on July 1, 2013. (2) Consistent with paragraph (1), the normal rate of contribution shall be adjusted accordingly for related state employees who are exempted from the definition of “state employee,” who are excluded from collective bargaining, or who are officers or employees of the executive, legislative, or judicial branch of state government who are not members of the civil service. (b) On and after January 1, 2019, the California State University may require that members pay at least 50 percent of the normal cost of benefits, provided that their contribution shall be no more than 8 percent of pay for miscellaneous members subject to Section 21354.1, no more than 11 percent of pay for safety members, and no more than 13 percent of pay for peace officer/firefighter members. (A) Before implementing any change pursuant to this paragraph, for any represented employees, the employer shall complete the good faith bargaining process as required by Chapter 12 (commencing with Section 3560) of Division 4 of Title 1, including any impasse procedures requiring mediation and factfinding. (B) Nothing in this section shall preclude employees of the California State University from agreeing to contribute more than the costs described in this subdivision for any benefit. (C) The Legislature authorizes to the California State University to increase member contribution rates pursuant to this paragraph, while reserving the right to adjust contribution rates under Section 20689 of the Government Code. (c) Calculation of employee contribution rate increases pursuant to this section shall be based upon compensation calculations established pursuant to Sections 20671 to 20694, inclusive. (d) In addition to the actuarially required contribution, savings realized by the state employer, excluding savings realized by the California State University, as a result of the employee contribution rate increases required or authorized by this section shall be allocated to any unfunded liability, subject to appropriation in the annual Budget Act. It is the intent of the Legislature that any savings realized from a change in contribution rates at the California State University pursuant to this section be retained by the university. (Amended by Stats. 2013, Ch. 528, Sec. 15. (SB 13) Effective October 4, 2013.) - 20683.3. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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. )
This section sets the normal contribution rates for certain judicial branch employees and member categories, with different percentages based on service status and compensation thresholds.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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. ) ## 20683.3. Notwithstanding Sections 20677 and 20687, on and after July 1, 2017, the normal rate of contribution for an employee of the judicial branch who is not subject to Section 7522.30 shall be the following: (a) For a state miscellaneous member: (1) Nine percent of the compensation in excess of three hundred seventeen dollars ($317) per month paid to a member whose service is not included in the federal system. (2) Eight percent of compensation in excess of five hundred thirteen dollars ($513) per month paid to that member whose service has been included in the federal system. (b) For a peace officer/firefighter member, 11 percent of compensation in excess of two hundred thirty-eight dollars ($238) per month paid to that member. (Added by Stats. 2016, Ch. 35, Sec. 15. (SB 848) Effective June 27, 2016.) - 20683.4. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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. )
This section sets and adjusts the normal contribution rate for certain state miscellaneous or state industrial members in State Bargaining Unit 16, with specific thresholds and a possible discretion-based rate setting by the Director of 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 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. ) ## 20683.4. (a) Notwithstanding Sections 20677.4 and 20677.6, effective July 1, 2017, the normal rate of contribution for state miscellaneous or state industrial members who are represented by State Bargaining Unit 16 shall be adjusted in accordance with this section when both of the following occur: (1) The total normal cost rate for the category in effect for the 2016–17 fiscal year has increased by at least 1 percent. (2) Fifty percent of the new normal cost rate, rounded to the nearest one-quarter of 1 percent, is greater than the normal contribution rate established in Section 20677.6. (b) On the July 1 of the fiscal year that the board determines that the requirements of paragraphs (1) and (2) of subdivision (a) have been met, the normal rate of contribution for state miscellaneous or state industrial members who are represented by State Bargaining Unit 16 shall be adjusted to 50 percent of the normal cost rate rounded to the nearest one-quarter of 1 percent. (c) Once established, the normal rate of contribution shall not be adjusted on account of a change to the normal cost rate unless the normal cost rate increases or decreases by more than 1 percent of payroll above or below the normal cost rate in effect at the time the normal rate of contribution is first established or, if later, the normal cost rate in effect at the time of the last adjustment to the normal rate of contribution under this subdivision. (d) The normal rate of contribution established pursuant to this section shall be applied to the compensation in excess of three hundred seventeen dollars ($317) per month paid to a member whose service is not included in the federal system or in excess of five hundred thirteen dollars ($513) for one whose service is included in the federal system. (e) Consistent with the normal rate of contribution for all members identified in this subdivision, the Director of the Department of Human Resources may exercise his or her discretion to establish the normal rate of contribution for a related state employee who is excepted from the definition of “state employee” in subdivision (c) of Section 3513, and an officer or employee of the executive branch of state government who is not a member of the civil service. (f) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, 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, the provisions shall not become effective unless and until approved by the Legislature in the annual Budget Act. (Added by Stats. 2017, Ch. 6, Sec. 8. (SB 131) Effective April 28, 2017. Became operative on June 27, 2017, pursuant to Stats. 2017, Ch. 19, Sec. 26, which repealed Stats. 2017, Ch. 6, Sec. 15.) - 20683.41. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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. )
This section sets the employee contribution rates for State Bargaining Unit 16 members and gives the Board and the Director of the Department of Human Resources limited adjustment authority.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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. ) ## 20683.41. (a) Notwithstanding Sections 20677.4, 20677.6, and 20683.4, effective July 1, 2024, the normal contribution rate for state miscellaneous and industrial members who are represented by State Bargaining Unit 16 shall be as follows: (1) Nine and one-half percent of compensation in excess of five hundred thirteen dollars ($513) per month paid to that member whose service has been included in the federal system. (2) Ten and one-half percent of compensation in excess of three hundred seventeen dollars ($317) per month paid to that member whose service is not included in the federal system. (b) Effective July 1, 2025, the normal contribution rate for state miscellaneous members who are represented by State Bargaining Unit 16 shall be as follows: (1) Nine percent of compensation in excess of five hundred thirteen dollars ($513) per month paid to that member whose service has been included in the federal system. (2) Ten percent of compensation in excess of three hundred seventeen dollars ($317) per month paid to the member whose service is not included in the federal system. (c) Effective July 1, 2025, the normal contribution rate for state industrial members who are represented by State Bargaining Unit 16 shall remain at: (1) Nine and one-half percent of compensation in excess of five hundred thirteen dollars ($513) per month paid to that member whose service has been included in the federal system. (2) Ten and one-half percent of compensation in excess of three hundred seventeen dollars ($317) per month paid to the member whose service is not included in the federal system. (d) Effective July 1, 2026, the employee contribution rates in subdivisions (b) and (c) shall remain in effect unless the board has determined that both of the following conditions have been met: (1) The total normal cost rate increases or decreases by more than 1 percent from the 2025–26 fiscal year total normal cost. (2) Fifty percent of the normal cost rate rounded to the nearest one-quarter of 1 percent is greater or lesser than the employee contribution rates in subdivisions (b) and (c). (e) When the board determines that paragraphs (1) and (2) of subdivision (d) have been met, the employee contribution rate for miscellaneous or industrial members shall be adjusted to 50 percent of the normal cost rate rounded to the nearest quarter of 1 percent on July 1 of the fiscal year after the determination. (f) Each year thereafter, the employee contribution rate shall not be adjusted again on account of a change to the normal cost rate unless the board determines that the normal cost rate has increased or decreased by more than 1 percent of payroll above the total normal cost rate in effect at the time the employee contribution rate was last adjusted. (g) Employee contributions shall continue to be a percentage of pensionable compensation in excess of five hundred and thirteen dollars ($513) per month paid to the member whose service has been included in the federal system or in excess of three hundred and seventeen dollars ($317) per month paid to the member whose service has not been included in the federal system. (h) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, 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, the provisions shall not become effective unless and until approved by the Legislature in the annual Budget Act. (i) Consistent with the normal rate of contribution for all members identified in this section, the Director of the Department of Human Resources may exercise discretion to establish the normal rate of contribution for a related state employee who is excepted from the definition of “state employee” in subdivision (c) of Section 3513, and an officer or employee of the executive branch of state government who is not a member of the civil service. (Added by Stats. 2023, Ch. 197, Sec. 15. (SB 148) Effective September 13, 2023.) - 20683.5. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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. )
This section adjusts the normal contribution rate for State Bargaining Unit 16 state safety members when specified cost-rate 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 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. ) ## 20683.5. (a) Notwithstanding Sections 20683 and 20677.9, effective July 1, 2017, the normal rate of contribution for state safety members who are represented by State Bargaining Unit 16 shall be adjusted in accordance with this section when both of the following occur: (1) The total normal cost rate for the category in effect for the 2016–17 fiscal year has increased by at least 1 percent. (2) Fifty percent of the new normal cost rate, rounded to the nearest one-quarter of 1 percent, is greater than the normal contribution rate established in Section 20677.9. (b) On the July 1 of the fiscal year that the board determines that the requirements of paragraphs (1) and (2) of subdivision (a) have been met, the normal rate of contribution for state safety members who are represented by State Bargaining Unit 16 shall be adjusted to 50 percent of the normal cost rate rounded to the nearest quarter of 1 percent. (c) Once established, the normal rate of contribution shall not be adjusted on account of a change to the normal cost rate unless the normal cost rate increases or decreases by more than 1 percent of payroll above or below the normal cost rate in effect at the time the normal rate of contribution is first established or, if later, the normal cost rate in effect at the time of the last adjustment to the normal rate of contribution under this subdivision. (d) The normal rate of contribution established pursuant to this section shall be applied to the compensation in excess of three hundred seventeen dollars ($317) per month paid to a member whose service is not included in the federal system or in excess of five hundred thirteen dollars ($513) for one whose service is included in the federal system. (e) Consistent with the normal rate of contribution for all members identified in this subdivision, the Director of the Department of Human Resources may exercise his or her discretion to establish the normal rate of contribution for a related state employee who is excepted from the definition of “state employee” in subdivision (c) of Section 3513, and an officer or employee of the executive branch of state government who is not a member of the civil service. (f) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, 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, the provisions shall not become effective unless and until approved by the Legislature in the annual Budget Act. (Added by Stats. 2017, Ch. 6, Sec. 9. (SB 131) Effective April 28, 2017. Became operative on June 27, 2017, pursuant to Stats. 2017, Ch. 19, Sec. 26, which repealed Stats. 2017, Ch. 6, Sec. 15.) - 20683.51. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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. )
This section keeps the normal contribution rate in place for certain state safety members unless the board finds specified cost-change conditions and then adjusts the rate on the next July 1. It also lets the Director of the Department of Human Resources set a normal contribution rate for certain related state employees and executive branch officers or 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 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. ) ## 20683.51. (a) Notwithstanding Sections 20677.9, 20683, and 20683.5, effective July 1, 2026, the normal rate of contribution for state safety members who are represented by State Bargaining Unit 16 described in Section 20677.9 shall remain in effect unless the board has determined that both of the following conditions have been met: (1) The total normal cost rate has increased or decreased by more than 1 percent from the 2025–26 fiscal year total normal cost. (2) Fifty percent of the new normal cost rate, rounded to the nearest one-quarter of 1 percent, is greater or less than the normal contribution rates established in Section 20677.9, (b) If the board determines that the requirements of paragraph (1) and (2) of subdivision (a) have been met, the normal contribution rate for state safety members who are represented by State Bargaining Unit 16 shall be adjusted to 50 percent of the normal cost rate rounded to the nearest one-quarter of 1 percent on July 1 of the fiscal year after the determination. (c) (1) Each year thereafter, the rate shall only be adjusted if the board determines that the total normal cost rate increases or decreases by more than 1 percent of payroll above the total normal cost rate in effect at the time the employee contribution rate was last adjusted. (2) Employee contributions shall continue to be a percentage of pensionable compensation in excess of three hundred and seventeen dollars ($317) per month paid to the member. (d) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, 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, the provisions shall not become effective unless and until approved by the Legislature in the annual Budget Act. (e) Consistent with the normal rate of contribution for all members identified in this section, the Director of the Department of Human Resources may exercise discretion to establish the normal rate of contribution for a related state employee who is excepted from the definition of “state employee” in subdivision (c) of Section 3513, and an officer or employee of the executive branch of state government who is not a member of the civil service. (Added by Stats. 2023, Ch. 197, Sec. 16. (SB 148) Effective September 13, 2023.) - 20683.6. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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. )
This section sets how contribution rates are adjusted for state miscellaneous members represented by State Bargaining Unit 9, if stated 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 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. ) ## 20683.6. (a) Notwithstanding Sections 20677.4 and 20677.71, effective July 1, 2019, the normal rate of contribution for state miscellaneous members who are represented by State Bargaining Unit 9 shall be adjusted in accordance with this section when both of the following occur: (1) The total normal cost rate for the category in effect for the 2016–17 fiscal year has increased by at least 1 percent. (2) Fifty percent of the new normal cost rate, rounded to the nearest one-quarter of 1 percent, is greater than the normal contribution rate established in Section 20677.71. (b) If on July 1, 2019, the board determines that the requirements of paragraphs (1) and (2) of subdivision (a) have been met, the normal rate of contribution for state miscellaneous members who are represented by State Bargaining Unit 9 shall be adjusted to 50 percent of the normal cost rate rounded to the nearest one-quarter of 1 percent, but not to increase by more than 0.5 percent. (c) The normal rate of contribution established pursuant to this section shall be applied to the compensation in excess of three hundred seventeen dollars ($317) per month paid to a member whose service is not included in the federal system or in excess of five hundred thirteen dollars ($513) for one whose service is included in the federal system. (d) After June 30, 2020, the normal rate of contribution shall return to the normal contribution rate established in Section 20677.71. (e) On July 1, 2021, the normal rate of contribution shall return to the normal contribution rate that was in place on July 1, 2019, for a period of one year. (f) Consistent with the normal rate of contribution for all members identified in this subdivision, the Director of the Department of Human Resources may exercise their discretion to establish the normal rate of contribution for a related state employee who is excepted from the definition of “state employee” in subdivision (c) of Section 3513, and an officer or employee of the executive branch of state government who is not a member of the civil service. The normal rate of contribution shall be the same for all members identified in this subdivision. The contribution rate shall be effective at the beginning of the pay period indicated by the Director of the Department of Human Resources. (g) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, 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, the provisions shall not become effective unless and until approved by the Legislature in the annual Budget Act. (Amended by Stats. 2023, Ch. 39, Sec. 8. (AB 130) Effective July 10, 2023.) - 20683.61. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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. )
This section adjusts the normal contribution rate for certain state industrial members in State Bargaining Unit 9 if specified cost-rate conditions are met, sets temporary return dates, and lets the Director of the Department of Human Resources set a related rate in some cases.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 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. ) ## 20683.61. (a) Notwithstanding Sections 20677.4, 20677.71, and 20683.2, effective July 1, 2019, the normal rate of contribution for state industrial members who are represented by State Bargaining Unit 9 shall be adjusted in accordance with this section when both of the following occur: (1) The total normal cost rate for the category in effect for the 2016–17 fiscal year has increased by at least 1 percent. (2) Fifty percent of the new normal cost rate, rounded to the nearest one-quarter of 1 percent, is greater than the normal contribution rate established in Section 20683.2. (b) If on July 1, 2019, the board determines that the requirements of paragraphs (1) and (2) of subdivision (a) have been met, the normal rate of contribution for state industrial members who are represented by State Bargaining Unit 9 shall be adjusted to 50 percent of the normal cost rate rounded to the nearest one-quarter of 1 percent, but not to increase by more than 0.5 percent. (c) The normal rate of contribution established pursuant to this section shall be applied to the compensation in excess of three hundred seventeen dollars ($317) per month paid to a member whose service is not included in the federal system or in excess of five hundred thirteen dollars ($513) for one whose service is included in the federal system. (d) After June 30, 2020, the normal rate of contribution shall return to the normal contribution rate established in Section 20683.2. (e) On July 1, 2021, the normal rate of contribution shall return to the normal contribution rate that was in place on July 1, 2019, for a period of one year. (f) Consistent with the normal rate of contribution for all members identified in this subdivision, the Director of the Department of Human Resources may exercise their discretion to establish the normal rate of contribution for a related state employee who is excepted from the definition of “state employee” in subdivision (c) of Section 3513, and an officer or employee of the executive branch of state government who is not a member of the civil service. The normal rate of contribution shall be the same for all members identified in this subdivision. The contribution rate shall be effective at the beginning of the pay period indicated by the Director of the Department of Human Resources. (g) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, 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, the provisions shall not become effective unless and until approved by the Legislature in the annual Budget Act. (Amended by Stats. 2023, Ch. 39, Sec. 9. (AB 130) Effective July 10, 2023.) - 20683.62. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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. )
This section sets when and how the normal contribution rate is adjusted for state safety members in State Bargaining Unit 9, and when it later returns to prior rates.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 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. ) ## 20683.62. (a) Notwithstanding Sections 20683, 20677.91, and 20683.2, the normal rate of contribution for state safety members who are represented by State Bargaining Unit 9 shall be adjusted in accordance with this section when both of the following occur: (1) The total normal cost rate for the category in effect for the 2016–17 fiscal year has increased by at least 1 percent. (2) Fifty percent of the new normal cost rate, rounded to the nearest one-quarter of 1 percent, is greater than the normal contribution rate established in Section 20683.2. (b) If on July 1, 2019, the board determines that the requirements of paragraphs (1) and (2) of subdivision (a) have been met, the normal rate of contribution for state safety members who are represented by State Bargaining Unit 9 shall be adjusted to 50 percent of the normal cost rate rounded to the nearest quarter of 1 percent, but not to increase by more than 0.5 percent. (c) The normal rate of contribution established pursuant to this section shall be applied to the compensation in excess of three hundred seventeen dollars ($317) per month paid to a member whose service is not included in the federal system or in excess of five hundred thirteen dollars ($513) for one whose service is included in the federal system. (d) After June 30, 2020, the normal rate of contribution shall return to the normal contribution rate established in Section 20683.2. (e) On July 1, 2021, the normal rate of contribution shall return to the normal contribution rate that was in place on July 1, 2019, for a period of one year. (f) Consistent with the normal rate of contribution for all members identified in this subdivision, the Director of the Department of Human Resources may exercise their discretion to establish the normal rate of contribution for a related state employee who is excepted from the definition of “state employee” in subdivision (c) of Section 3513, and an officer or employee of the executive branch of state government who is not a member of the civil service. The normal rate of contribution shall be the same for all members identified in this subdivision. The contribution rate shall be effective at the beginning of the pay period indicated by the Director of the Department of Human Resources. (g) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, 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, the provisions shall not become effective unless and until approved by the Legislature in the annual Budget Act. (Amended by Stats. 2023, Ch. 39, Sec. 10. (AB 130) Effective July 10, 2023.) - 20683.7. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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. )
This section adjusts the normal contribution rate for represented state miscellaneous members in State Bargaining Unit 10 when specified cost-rate 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 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. ) ## 20683.7. (a) Notwithstanding Sections 20677.4 and 20677.71, effective July 1, 2019, the normal rate of contribution for state miscellaneous members who are represented by State Bargaining Unit 10 shall be adjusted in accordance with this section when both of the following occur: (1) The total normal cost rate for the category in effect for the 2016–17 fiscal year has increased or decreased by at least 1 percent. (2) Fifty percent of the new normal cost rate, rounded to the nearest one-quarter of 1 percent, is greater than or less than the normal contribution rate established in Section 20677.71. (b) On the July 1 of the fiscal year that the board determines that the requirements of paragraphs (1) and (2) of subdivision (a) have been met, the normal rate of contribution for state miscellaneous members who are represented by State Bargaining Unit 10 shall be adjusted to 50 percent of the normal cost rate rounded to the nearest one-quarter of 1 percent, but not to increase or decrease by more than 1 percent. (c) Once established, the normal rate of contribution shall not be adjusted on account of a change to the normal cost rate unless the normal cost rate increases or decreases by more than 1 percent of payroll above or below the normal cost rate in effect at the time the normal rate of contribution is first established or, if later, the normal cost rate in effect at the time of the last adjustment to the normal rate of contribution under this subdivision. Furthermore, the increase or decrease to the normal rate of contribution in any given fiscal year shall not exceed 1 percent per year. (d) The normal rate of contribution established pursuant to this section shall be applied to the compensation in excess of three hundred seventeen dollars ($317) per month paid to a member whose service is not included in the federal system or in excess of five hundred thirteen dollars ($513) for one whose service is included in the federal system. (e) On July 1, 2021, the normal rate of contribution shall return to the normal contribution rate established in Section 20677.71. (f) Consistent with the normal rate of contribution for all members identified in this subdivision, the Director of the Department of Human Resources may exercise his or her discretion to establish the normal rate of contribution for a related state employee who is excepted from the definition of “state employee” in subdivision (c) of Section 3513, and an officer or employee of the executive branch of state government who is not a member of the civil service. (g) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, 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, the provisions shall not become effective unless and until approved by the Legislature in the annual Budget Act. (Added by Stats. 2018, Ch. 452, Sec. 10. (SB 873) Effective September 17, 2018.) - 20683.71. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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. )
This section sets how the normal contribution rate is adjusted for certain State Bargaining Unit 10 state industrial members, limits yearly changes, applies the rate only above specified monthly compensation thresholds, and lets the Director of the Department of Human Resources set a matching rate for certain related 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 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. ) ## 20683.71. (a) Notwithstanding Sections 20677.4, 20677.71, and 20683.2, effective July 1, 2019, the normal rate of contribution for state industrial members who are represented by State Bargaining Unit 10 shall be adjusted in accordance with this section when both of the following occur: (1) The total normal cost rate for the category in effect for the 2016–17 fiscal year has increased or decreased by at least 1 percent. (2) Fifty percent of the new normal cost rate, rounded to the nearest one-quarter of 1 percent, is greater than or less than the normal contribution rate established in Section 20683.2. (b) On the July 1 of the fiscal year that the board determines that the requirements of paragraphs (1) and (2) of subdivision (a) have been met, the normal rate of contribution for state industrial members who are represented by State Bargaining Unit 10 shall be adjusted to 50 percent of the normal cost rate rounded to the nearest quarter of 1 percent, but not to increase or decrease by more than 1 percent. (c) Once established, the normal rate of contribution shall not be adjusted on account of a change to the normal cost rate unless the normal cost rate increases or decreases by more than 1 percent of payroll above or below the normal cost rate in effect at the time the normal rate of contribution is first established or, if later, the normal cost rate in effect at the time of the last adjustment to the normal rate of contribution under this subdivision. Furthermore, the increase or decrease to the normal rate of contribution in any given fiscal year shall not exceed 1 percent per year. (d) The normal rate of contribution established pursuant to this section shall be applied to the compensation in excess of three hundred seventeen dollars ($317) per month paid to a member whose service is not included in the federal system or in excess of five hundred thirteen dollars ($513) for one whose service is included in the federal system. (e) On July 1, 2020, the normal rate of contribution shall return to the normal contribution rate established in Section 20683.2. (f) Consistent with the normal rate of contribution for all members identified in this section, the Director of the Department of Human Resources may exercise their discretion to establish the normal rate of contribution for a related state employee who is excepted from the definition of “state employee” in subdivision (c) of Section 3513, and an officer or employee of the executive branch of state government who is not a member of the civil service. The normal rate of contribution shall be the same for all members identified in this subdivision. The contribution rate shall be effective at the beginning of the pay period indicated by the Director of the Department of Human Resources. (g) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, 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, the provisions shall not become effective unless and until approved by the Legislature in the annual Budget Act. (Amended by Stats. 2023, Ch. 39, Sec. 11. (AB 130) Effective July 10, 2023.) - 20683.72. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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. )
This section sets how the contribution rate for State Bargaining Unit 10 state safety members is adjusted, capped, applied to certain compensation, and later returned to the normal 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 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. ) ## 20683.72. (a) Notwithstanding Sections 20683, 20677.91, and 20683.2, the normal rate of contribution for state safety members who are represented by State Bargaining Unit 10 shall be adjusted in accordance with this section when both of the following occur: (1) The total normal cost rate for the category in effect for the 2016–17 fiscal year has increased or decreased by at least 1 percent. (2) Fifty percent of the new normal cost rate, rounded to the nearest one-quarter of 1 percent, is greater than or less than the normal contribution rate established in Section 20683.2. (b) On the July 1 of the fiscal year that the board determines that the requirements of paragraphs (1) and (2) of subdivision (a) have been met, the normal rate of contribution for state safety members who are represented by State Bargaining Unit 10 shall be adjusted to 50 percent of the normal cost rate rounded to the nearest quarter of 1 percent, but not to increase or decrease by more than 1 percent. (c) Once established, the normal rate of contribution shall not be adjusted on account of a change to the normal cost rate unless the normal cost rate increases or decreases by more than 1 percent of payroll above or below the normal cost rate in effect at the time the normal rate of contribution is first established or, if later, the normal cost rate in effect at the time of the last adjustment to the normal rate of contribution under this subdivision. Furthermore, the increase or decrease to the normal rate of contribution in any given fiscal year shall not exceed 1 percent per year. (d) The normal rate of contribution established pursuant to this section shall be applied to the compensation in excess of three hundred seventeen dollars ($317) per month paid to a member whose service is not included in the federal system or in excess of five hundred thirteen dollars ($513) for one whose service is included in the federal system. (e) On July 1, 2021, the normal rate of contribution shall return to the normal contribution rate established in Section 20683.2. (f) Consistent with the normal rate of contribution for all members identified in this subdivision, the Director of the Department of Human Resources may exercise his or her discretion to establish the normal rate of contribution for a related state employee who is excepted from the definition of “state employee” in subdivision (c) of Section 3513, and an officer or employee of the executive branch of state government who is not a member of the civil service. (g) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, 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, the provisions shall not become effective unless and until approved by the Legislature in the annual Budget Act. (Added by Stats. 2018, Ch. 452, Sec. 12. (SB 873) Effective September 17, 2018.) - 20683.75. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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. )
This section sets normal contribution rates for certain California state members and lets the Department of Human Resources Director set a related rate in some cases.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 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. ) ## 20683.75. (a) Notwithstanding Sections 20677.4 and 20677.71, effective July 1, 2023, the normal contribution rates for state miscellaneous members who are represented by State Bargaining Unit 1, State Bargaining Unit 3, State Bargaining Unit 4, State Bargaining Unit 11, State Bargaining Unit 14, State Bargaining Unit 15, State Bargaining Unit 17, State Bargaining Unit 20, and State Bargaining Unit 21 shall be: (1) Eight and one-half percent of compensation in excess of five hundred thirteen dollars ($513) per month paid to that member whose service has been included in the federal system. (2) Nine and one-half percent of compensation in excess of three hundred seventeen dollars ($317) per month paid to that member whose service is not included in the federal system. (b) Notwithstanding Sections 20677.4 and 20677.71, effective July 1, 2023, the normal contribution rates for state industrial members who are represented by State Bargaining Unit 1, State Bargaining Unit 3, State Bargaining Unit 4, State Bargaining Unit 11, State Bargaining Unit 14, State Bargaining Unit 15, State Bargaining Unit 17, and State Bargaining Unit 20, shall be: (1) Nine and one-half percent of compensation in excess of five hundred thirteen dollars ($513) per month paid to that member whose service has been included in the federal system. (2) Ten and one-half percent of compensation in excess of three hundred seventeen dollars ($317) per month paid to that member whose service is not included in the federal system. (c) Notwithstanding Sections 20677.4 and 20677.71, effective July 1, 2023, the normal contribution rates for state industrial members who are represented by State Bargaining Unit 21 shall be: (1) Eight and one-half percent of compensation in excess of five hundred thirteen dollars ($513) per month paid to that member whose service has been included in the federal system. (2) Nine and one-half percent of compensation in excess of three hundred seventeen dollars ($317) per month paid to that member whose service is not included in the federal system. (d) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, 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, the provisions shall not become effective unless and until approved by the Legislature in the annual Budget Act. (e) Consistent with the normal rate of contribution for all members identified in this section, the Director of the Department of Human Resources may exercise their discretion to establish the normal rate of contribution for a related state employee who is excepted from the definition of “state employee” in subdivision (c) of Section 3513, and an officer or employee of the executive branch of state government who is not a member of the civil service. (Added by Stats. 2019, Ch. 859, Sec. 8. (AB 118) Effective October 13, 2019.) - 20683.77. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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. )
This section keeps certain employee contribution rates in place through June 30, 2027, then sets a formula for later adjustments for State Bargaining Unit 18 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 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. ) ## 20683.77. (a) Effective July 1, 2025, to June 30, 2027, inclusive, the employee contributions described in Section 20677.6 for state miscellaneous and industrial members represented by State Bargaining Unit 18 shall remain in place. (b) Notwithstanding Sections 20677.4 and 20677.6, effective July 1, 2027, the normal contribution rates for state miscellaneous or state industrial members who are represented by State Bargaining Unit 18 shall be adjusted in accordance with this section when both of the following occur: (1) The total normal cost rate for the category in effect for the 2016–17 fiscal year has increased by 1 percent. (2) Fifty percent of that normal cost rate, rounded to the nearest one-quarter of 1 percent, is greater than the normal contribution rate established in Section 20677.6. (c) On July 1 of the fiscal year after the board determines that the requirements of paragraphs (1) and (2) of subdivision (b) have been met, the normal rate of contribution for state miscellaneous or state industrial members who are represented by State Bargaining Unit 18 shall be adjusted to 50 percent of the normal cost rate rounded to the nearest one-quarter of 1 percent, but not to increase or decrease by more than 1 percent. (d) Each year thereafter, the rate shall only be adjusted if the board determines the total normal cost rate increases or decreases by more than 1 percent of payroll above the total normal cost rate in effect at the time the employee contribution rate was last adjusted. The increase or decrease to the employee contribution in any given fiscal year shall not exceed 1 percent per year. (e) The normal rate of contribution established pursuant to this section shall be applied to the compensation in excess of three hundred seventeen dollars ($317) per month paid to a member whose service is not included in the federal system or in excess of five hundred thirteen dollars ($513) for one whose service is included in the federal system. (f) Consistent with the normal rate of contribution for all members identified in this section, the Director of the Department Human Resources may exercise their discretion to establish the normal rate of contributions for a state employee who is excepted from the definition of “state employee” in subdivision (c) of Section 3513, and an officer or employee of the executive branch of state government who is not a member of the civil service. The normal rate of contribution shall be the same for all members identified in this subdivision. The contribution rate shall be effective at the beginning of the pay period indicated by the Director of the Department of Human Resources. (g) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, 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, the provisions shall not become effective unless and until approved by the Legislature in the annual Budget Act. (Amended by Stats. 2025, Ch. 114, Sec. 9. (SB 161) Effective September 17, 2025.) - 20683.78. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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. )
This section sets and adjusts contribution rates for State Bargaining Unit 18 state safety members, with limits, timing rules, and a pay-period effective date set by the Director 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 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. ) ## 20683.78. (a) Effective July 1, 2025, to June 30, 2027, inclusive, the employee contributions described in Section 20677.9 for state safety members represented by State Bargaining Unit 18 shall remain in place. (b) Notwithstanding Sections 20677.9 and 20683, effective July 1, 2027, the normal contribution rates for state safety members who are represented by State Bargaining Unit 18 shall be adjusted in accordance with this section when both of the following occur: (1) The total normal cost rate for the category in effect for the 2016–17 fiscal year has increased by 1 percent. (2) Fifty percent of that normal cost rate, rounded to the nearest one-quarter of 1 percent, is greater than the normal contribution rate established in Section 20677.9. (c) On July 1 of the fiscal year that the board determines that the requirements of paragraphs (1) and (2) of subdivision (b) have been met, the normal rate of contribution for state safety members who are represented by State Bargaining Unit 18 shall be adjusted to 50 percent of the normal cost rate rounded to the nearest one-quarter of 1 percent, but not to increase or decrease by more than 1 percent. (d) Each year thereafter, the rate shall only be adjusted if the board determines the total normal cost rate increases or decreases by more than 1 percent of payroll above the total normal cost rate in effect at the time the employee contribution rate was last adjusted. The increase or decreases to the employee contribution in any given fiscal year shall not exceed 1 percent per year. (e) The normal rate of contribution established pursuant to this section shall be applied to the compensation in excess of three hundred seventeen dollars ($317) per month paid to a member whose service is not included in the federal system. (f) Consistent with the normal rate of contribution for all members identified in this section, the Director of the Department of Human Resources may exercise their discretion to establish the normal rate of contributions for a state employee who is excepted from the definition of “state employee” in subdivision (c) of Section 3513, and an officer or employee of the executive branch of state government who is not a member of the civil service. The normal rate of contribution shall be the same for all members identified in this subdivision. The contribution rate shall be effective at the beginning of the pay period indicated by the Director of the Department of Human Resources. (g) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, 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, the provisions shall not become effective unless and until approved by the Legislature in the annual Budget Act. (Amended by Stats. 2025, Ch. 114, Sec. 10. (SB 161) Effective September 17, 2025.) - 20683.8. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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. )
Certain State Bargaining Unit 7 members must pay normal contribution rates of 8.5% or 9.5%, depending on whether their 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 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. ) ## 20683.8. (a) Notwithstanding Sections 20677.4 and 20677.71, effective July 1, 2023, the normal contribution rates for state miscellaneous or state industrial members who are represented by State Bargaining Unit 7 shall be: (1) Eight and one-half percent of compensation in excess of five hundred thirteen dollars ($513) per month paid to that member whose service has been included in the federal system. (2) Nine and one-half percent of compensation in excess of three hundred seventeen dollars ($317) per month paid to that member whose service is not included in the federal system. (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, 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, the provisions shall not become effective unless and until approved by the Legislature in the annual Budget Act. (c) Consistent with the normal rate of contribution for all members identified in this section, the Director of the Department of Human Resources may exercise their discretion to establish the normal rate of contribution for a related state employee who is excepted from the definition of “state employee” in subdivision (c) of Section 3513, and an officer or employee of the executive branch of state government who is not a member of the civil service. (Added by Stats. 2019, Ch. 859, Sec. 9. (AB 118) Effective October 13, 2019.) - 20683.81. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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. )
This section sets the normal contribution rate for State Bargaining Unit 7 peace officer/firefighter members and lets the Director of the Department of Human Resources set a related rate in certain cases.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 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. ) ## 20683.81. (a) Notwithstanding Sections 20677.95, 20683.2, and 20687, the normal rate of contribution rates for state peace officer/firefighter members who are represented by State Bargaining Unit 7 shall be: (1) Effective July 1, 2022, 14 percent of compensation in excess of five hundred thirteen dollars ($513) per month paid to those members. (2) Effective July 1, 2023, 15 percent of compensation in excess of five hundred thirteen dollars ($513) per month paid to those members. (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, 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, the provisions shall not become effective unless and until approved by the Legislature in the annual Budget Act. (c) Consistent with the normal rate of contribution for all members identified in this section, the Director of the Department of Human Resources may exercise their discretion to establish the normal rate of contribution for a related state employee who is excepted from the definition of “state employee” in subdivision (c) of Section 3513, and an officer or employee of the executive branch of state government who is not a member of the civil service. (Added by Stats. 2019, Ch. 859, Sec. 10. (AB 118) Effective October 13, 2019.) - 20683.81.1. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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. )
This section sets normal contribution rates for certain state safety members and allows the Director of the Department of Human Resources to set related rates in some cases.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 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. ) ## 20683.81.1. (a) Notwithstanding Sections 20677.91, 20683, and 20683.2, effective July 1, 2023, the normal contribution rates for state safety members who are represented by State Bargaining Unit 1, State Bargaining Unit 3, State Bargaining Unit 4, State Bargaining Unit 11, State Bargaining Unit 14, State Bargaining Unit 15, State Bargaining Unit 17, State Bargaining Unit 20, and State Bargaining Unit 21, shall be: (1) Eleven and one-half percent of compensation in excess of three hundred seventeen dollars ($317) per month paid to a member whose service is not included in the federal system. (2) Eleven and one-half percent of compensation in excess of five hundred thirteen dollars ($513) per month paid to a member whose service is included in the federal system. (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, 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, the provisions shall not become effective unless and until approved by the Legislature in the annual Budget Act. (c) Consistent with the normal rate of contribution for all members identified in this section, the Director of the Department of Human Resources may exercise their discretion to establish the normal rate of contribution for a related state employee who is excepted from the definition of “state employee” in subdivision (c) of Section 3513, and an officer or employee of the executive branch of state government who is not a member of the civil service. (Added by Stats. 2019, Ch. 859, Sec. 11. (AB 118) Effective October 13, 2019.) - 20683.81.2. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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. )
This section sets normal contribution rates for certain state safety members in State Bargaining Unit 2 and gives the Director of the Department of Human Resources discretion to set a related rate for some other 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 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. ) ## 20683.81.2. (a) Notwithstanding Sections 20683.1 and 20683.2, effective July 1, 2020, the normal contribution rates for state safety members who are represented by State Bargaining Unit 2, shall be: (1) Eleven and one-half percent of compensation in excess of three hundred seventeen dollars ($317) per month paid to a member whose service is not included in the federal system. (2) Eleven and one-half percent of compensation in excess of five hundred thirteen dollars ($513) per month paid to a member whose service is included in the federal system. (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, 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, the provisions shall not become effective unless and until approved by the Legislature in the annual Budget Act. (c) Consistent with the normal rate of contribution for all members identified in this section, the Director of the Department of Human Resources may exercise their discretion to establish the normal rate of contribution for a related state employee who is excepted from the definition of “state employee” in subdivision (c) of Section 3513, and an officer or employee of the executive branch of state government who is not a member of the civil service. (Added by Stats. 2019, Ch. 859, Sec. 12. (AB 118) Effective October 13, 2019.) - 20683.81.3. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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. )
This section keeps the employee contribution rate at 11.5% for specified state safety members through June 30, 2027, then allows later adjustments under stated conditions.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 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. ) ## 20683.81.3. (a) Effective July 1, 2025, to June 30, 2027, inclusive, the employee contribution rate for state safety members represented by State Bargaining Unit 2 shall remain at 11.5 percent. (b) Notwithstanding Sections 20683.1, 20683.2, and 20683.81.2, effective July 1, 2027, the normal rate of contribution for state safety members who are represented by State Bargaining Unit 2 shall be adjusted in accordance with this section when both of the following occur: (1) The total normal cost rate for the category in effect for the 2022–23 fiscal year has increased or decreased by at least 1 percent. (2) Fifty percent of the new normal cost rate, rounded to the nearest one-quarter of 1 percent, is greater or less than the normal contribution rate established in Section 20683.81.2. (c) If on July 1, 2027, the board determines that the requirements of paragraphs (1) and (2) of subdivision (a) have been met, the normal rate of contribution for state safety members who are represented by State Bargaining Unit 2 shall be adjusted to 50 percent of the normal cost rate rounded to the nearest one-quarter of 1 percent, but not to increase or decrease by more than 1 percent. (d) Each year thereafter, the rate shall only be adjusted if the board determines the total normal cost rate increases or decreases by more than 1 percent of payroll above the total normal cost rate in effect at the time the employee contribution rate was last adjusted. The increase or decrease to the employee contribution in any given fiscal year shall not exceed 1 percent per year. (e) The normal rate of contribution established pursuant to this section shall be applied to the compensation in excess of three hundred seventeen dollars ($317) per month paid to a member whose service is not included in the federal system. (f) Consistent with the normal rate of contribution for all members identified in this section, the Director of the Department Human Resources may exercise their discretion to establish the normal rate of contributions for a state employee who is excepted from the definition of “state employee” in subdivision (c) of Section 3513, and an officer or employee of the executive branch of state government who is not a member of the civil service. The normal rate of contribution shall be the same for all members identified in this subdivision. The contribution rate shall be effective at the beginning of the pay period indicated by the Director of the Department of Human Resources. (g) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, 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, the provisions shall not become effective unless and until approved by the Legislature in the annual Budget Act. (Amended by Stats. 2025, Ch. 78, Sec. 14. (AB 138) Effective July 29, 2025.) - 20683.82. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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. )
This section sets the normal contribution rates for certain state safety members in State Bargaining Unit 7 and lets the Director of the Department of Human Resources set a related rate for some other 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 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. ) ## 20683.82. (a) Notwithstanding Sections 20677.91, 20683, and 20683.2, effective July 1, 2023, the normal contribution rates for state safety members who are represented by State Bargaining Unit 7 shall be: (1) Eleven and one-half percent of compensation in excess of three hundred seventeen dollars ($317) per month paid to a member whose service is not included in the federal system. (2) Eleven and one-half percent of compensation in excess of five hundred thirteen dollars ($513) per month paid to a member whose service is included in the federal system. (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, 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, the provisions shall not become effective unless and until approved by the Legislature in the annual Budget Act. (c) Consistent with the normal rate of contribution for all members identified in this section, the Director of the Department of Human Resources may exercise their discretion to establish the normal rate of contribution for a related state employee who is excepted from the definition of “state employee” in subdivision (c) of Section 3513, and an officer or employee of the executive branch of state government who is not a member of the civil service. (Added by Stats. 2019, Ch. 859, Sec. 13. (AB 118) Effective October 13, 2019.) - 20683.83. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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. )
This section sets the normal contribution rates for certain state safety members in State Bargaining Unit 13 and gives the Department of Human Resources Director discretion to set related rates for some other 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 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. ) ## 20683.83. (a) Notwithstanding Sections 20677.9, 20683, and 20683.2, effective July 1, 2022, the normal contribution rates for state safety members who are represented by State Bargaining Unit 13 shall be: (1) Eleven and one-half percent of compensation in excess of three hundred seventeen dollars ($317) per month paid to a member whose service is not included in the federal system. (2) Eleven and one-half percent of compensation in excess of five hundred thirteen dollars ($513) per month paid to a member whose service is included in the federal system. (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, 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, the provisions shall not become effective unless and until approved by the Legislature in the annual Budget Act. (c) Consistent with the normal rate of contribution for all members identified in this section, the Director of the Department of Human Resources may exercise their discretion to establish the normal rate of contribution for a related state employee who is excepted from the definition of “state employee” in subdivision (c) of Section 3513, and an officer or employee of the executive branch of state government who is not a member of the civil service. (Added by Stats. 2019, Ch. 859, Sec. 14. (AB 118) Effective October 13, 2019.) - 20683.9. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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. )
This section sets when and how the contribution rate for certain patrol members in Bargaining Unit 5 is adjusted, including a cap on yearly change and a $863-per-month compensation threshold.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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. ) ## 20683.9. (a) Notwithstanding Sections 20677.8, 20681, 20683.2, and 20694, effective July 1, 2021, the normal rate of contribution for patrol members who are represented by Bargaining Unit 5 shall be adjusted in accordance with this section when both of the following occur: (1) The total normal cost rate for the 2016–17 fiscal year has increased or decreased by at least 1 percent. (2) Fifty percent of that normal cost rate, rounded to the nearest one-quarter of 1 percent, is greater or less than the current employee contribution rate. (b) On July 1 of the fiscal year after the board determines that the requirement of paragraphs (1) and (2) of subdivision (a) above have been met, the normal rate of contribution for patrol members who are represented by Bargaining Unit 5 shall be adjusted to 50 percent of the normal cost rate rounded to the nearest one-quarter of 1 percent. (c) Each year thereafter, the rate shall only be adjusted if the board determines the total normal cost rate increases or decreases by more than 1 percent of payroll above the total normal cost rate in effect at the time the employee contribution rate was last adjusted. The increase or decrease to the employee contribution in any given fiscal year shall not exceed 1 percent per year. (d) The normal rate of contribution established pursuant to this section shall be applied to the compensation in excess of eight hundred sixty-three dollars ($863) per month. (e) Consistent with the normal rate of contribution for all members identified in this section, the Director of the Department of Human Resources may exercise their discretion to establish the normal rate of contribution for a related state employee who is excepted from the definition of “state employee” in subdivision (c) of Section 3513, and an officer or employee of the executive branch of state government who is not a member of the civil service. The normal rate of contribution shall be the same for all members identified in this subdivision. The contribution rate shall be effective at the beginning of the pay period indicated by the Director of the Department of Human Resources. (f) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, 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, the provisions shall not become effective unless and until approved by the Legislature in the annual Budget Act. (Amended by Stats. 2023, Ch. 39, Sec. 15. (AB 130) Effective July 10, 2023.) - 20683.91. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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. )
This section sets when and how the normal employee contribution rate for certain state miscellaneous members in Bargaining Unit 5 is adjusted, and gives the Human Resources Director limited discretion to set a similar rate for some related state employees and executive branch 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 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. ) ## 20683.91. (a) Notwithstanding Sections 20677.4 and 20677.7, effective July 1, 2021, the normal rate of contribution for state miscellaneous members who are represented by Bargaining Unit 5 shall be adjusted in accordance with this section when both of the following occur: (1) The total normal cost rate for the 2016–17 fiscal year has increased or decreased by at least 1 percent. (2) Fifty percent of that normal cost rate, rounded to the nearest one-quarter of 1 percent, is greater or less than the current employee contribution rate. (b) On July 1 of the fiscal year after the board determines that the requirement of paragraphs (1) and (2) of subdivision (a) above have been met, the normal rate of contribution for state miscellaneous members who are represented by Bargaining Unit 5 shall be adjusted to 50 percent of the normal cost rate rounded to the nearest one-quarter of 1 percent. (c) Each year thereafter, the rate shall only be adjusted if the board determines the total normal cost rate increases or decreases by more than 1 percent of payroll above the total normal cost rate in effect at the time the employee contribution rate was last adjusted. The increase or decrease to the employee contribution in any given fiscal year shall not exceed 1 percent per year. (d) The normal rate of contribution established pursuant to this section shall be applied to the compensation in excess of three hundred seventeen dollars ($317) per month paid to a member whose service is not included in the federal system or in excess of five hundred thirteen dollars ($513) for one whose service is included in the federal system. The normal rate of contribution shall be the same for all members identified in this subdivision. The contribution rate shall be effective at the beginning of the pay period indicated by the Director of the Department of Human Resources. (e) Consistent with the normal rate of contribution for all members identified in this section, the Director of the Department of Human Resources may exercise their discretion to establish the normal rate of contribution for a related state employee who is excepted from the definition of “state employee” in subdivision (c) of Section 3513, and an officer or employee of the executive branch of state government who is not a member of the civil service. The normal rate of contribution shall be the same for all members identified in this subdivision. The contribution rate shall be effective at the beginning of the pay period indicated by the Director of the Department of Human Resources. (f) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, 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, the provisions shall not become effective unless and until approved by the Legislature in the annual Budget Act. (Amended by Stats. 2023, Ch. 39, Sec. 16. (AB 130) Effective July 10, 2023.) - 20684. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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. )
Local safety members subject to Section 21370 must contribute at a normal rate of 7% of compensation, with a reduced rate for certain members whose 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 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. ) ## 20684. For each local safety member subject to Section 21370, effective on January 1, 1985, or later date of entrance into this system as such a member, the normal rate of contribution shall be 7 percent of compensation. The normal rate of contribution as established under this section for a local safety member whose service is included in the federal system and whose retirement allowance is reduced pursuant to Section 21370 because of that inclusion shall be reduced by one-third as applied to compensation not exceeding four hundred dollars ($400) per month for service rendered after the date of execution of the modification of the federal-state agreement including services in the federal system and prior to termination of his or her coverage under the federal system. The operative date of this section with respect to a local safety member shall be the date upon which the local safety member becomes subject to Section 21370. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.) - 20685. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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. )
If the contract says so, a local member’s normal contribution rate is based on the age at which the member entered 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 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. ) ## 20685. The normal rate of contribution for a local member who was a member of a local system at the time it was discontinued by inclusion of members of the local system in this system shall, if the contract so provides, be based on age at entry of the member into the local system. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.) - 20686. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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. )
Certain state safety members must contribute at an 8% normal rate, applied only to compensation above $238 per 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 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. ) ## 20686. For each state safety member defined in Section 20401 and whose current and prior service pensions shall be computed pursuant to Section 21373, the normal rate of contribution shall be 8 percent and shall be made only on the compensation in excess of two hundred thirty-eight dollars ($238) per month. The Legislature reserves the right to increase the rate of contribution as it may find appropriate from time to time. No adjustment shall be included in rates adopted under this section as the result of amendments hereto, changing the time at which members may retire or the benefits members shall receive, because of time during which members have contributed at different rates prior to that adoption. (Amended by Stats. 2001, Ch. 793, Sec. 12. Effective January 1, 2002.) - 20687. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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. )
Certain state peace officer/firefighter members must contribute 8% of pay above $238 per month; the Director of Human Resources may set the same rate for specified other state 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 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. ) ## 20687. (a) The normal rate of contribution for state peace officer/firefighter members subject to Section 21363, 21363.1, 21363.3, 21363.4, or 21363.8 shall be 8 percent of the compensation in excess of two hundred thirty-eight dollars ($238) per month paid to those members. (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5 or pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1, the memorandum of understanding shall be controlling without further legislative action, except that if those 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. (c) Consistent with the normal rate of contribution for all members identified in this section, the Director of Human Resources may exercise their discretion to establish the normal rate of contribution for a state employee who is excepted from the definition of “state employee” in subdivision (c) of Section 3513, and an officer or employee of the executive branch of state government who is not a member of the civil service. The normal rate of contribution shall be the same for all members identified in this subdivision. The contribution rate shall be effective the beginning of the pay period indicated by the Director of Human Resources. (Amended by Stats. 2023, Ch. 39, Sec. 17. (AB 130) Effective July 10, 2023.) - 20687.2. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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. )
For certain state peace officer/firefighter supervisors, the normal contribution rate is 8% of compensation above $863 per 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 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. ) ## 20687.2. Notwithstanding Section 20687, the normal rate of contribution for state peace officer/firefighter members who are supervisors within the boards and departments of the Youth and Adult Correctional Agency or who are correctional supervisors within the State Department of State Hospitals for pay periods beginning after April 30, 2001, shall be 8 percent of compensation in excess of eight hundred sixty-three dollars ($863) per month paid those members. (Amended by Stats. 2012, Ch. 440, Sec. 31. (AB 1488) Effective September 22, 2012.) - 20688. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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. )
For certain local safety members, the normal contribution rate is reduced by one-third for monthly compensation up to $400 during the covered period.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 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. ) ## 20688. The normal rate of contribution otherwise established under this article for a local safety member whose retirement allowance is determined under Section 21362, 21362.2, 21363.1, or 21366, and reduced under Section 21367 because his or her service is included in the federal system, shall be reduced by one-third as applied to compensation not exceeding four hundred dollars ($400) for services rendered in any month after the date of execution of the modification of the federal-state agreement, including services in the federal system, or the effective date of the contract or contract amendment pursuant to which a contracting agency and its employees become subject to this section, whichever is later, and prior to the date upon which services of persons in his or her employment cease to be covered under the federal system. (Amended by Stats. 2001, Ch. 21, Sec. 7. Effective June 25, 2001. Applicable from January 1, 2000, by Sec. 37 of Ch. 21.) - 20689. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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. )
The Legislature may increase or otherwise adjust the contribution rates in 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 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. ) ## 20689. The Legislature reserves the right to increase or otherwise adjust the rates of contribution prescribed in this article in amounts and in a manner it may from time to time find appropriate. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.) - 20690. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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. )
Contract amendments, and the part of a contract that made an employer subject to former Section 20614, may be revoked prospectively using the contract-approval process, including an election among affected 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 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. ) ## 20690. Contract amendments, and that portion of a contract which subjected an employer to former Section 20614, as it read prior to its repeal by Chapter 1168 of the Statutes of 1980, may be revoked prospectively in the manner provided for the approval of contracts, including an election among employees affected. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.) - 20691. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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. )
A contracting agency or school employer may pay all or part of a member’s normal contributions, but must treat the payment as normal contributions and credit it to member accounts; employers may not pay part of those contributions for certain members unless specifically authorized.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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. ) ## 20691. (a) (1) Except as provided in subdivision (b), notwithstanding any other law, a contracting agency or school employer may pay all or a portion of the normal contributions required to be paid by a member. Where the member is included in a group or class of employment, the payment shall be for all members in the group or class of employment. If an individual is not part of a group or class, the payment shall be limited to the amount that the board determines is payable to similarly situated members in the closest related group or class, subject to the limitations of paragraph (2) of subdivision (e) of Section 20636 and paragraph (2) of subdivision (e) of Section 20636.1, as applicable. The payments shall be reported simply as normal contributions and shall be credited to member accounts. (2) Nothing in this subdivision shall be construed to limit the authority of a contracting agency or school employer to periodically increase, reduce, or eliminate the payment by the contracting agency or school employer of all or a portion of the normal contributions required to be paid by members, as authorized by this section. (b) Notwithstanding subdivision (a), employers shall not pay a portion of the normal contributions for members who are subject to subdivision (c) of Section 7522.30, except where authorized pursuant to subdivision (f) of Section 7522.30. (Amended by Stats. 2019, Ch. 330, Sec. 9. (SB 782) Effective January 1, 2020.) - 20692. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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. )
This section lets certain employers stop paying normal member contributions during a final compensation period and instead raise members’ pay, but only under specified contract and labor-policy 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. ) ## 20692. (a) Where a contracting agency employer or a school employer has elected to pay all or a portion of the normal contributions of members of a group or class of employment pursuant to Section 20691, the employer may, pursuant to a labor policy or agreement, stop paying those contributions during the final compensation period applicable to the members and, instead, increase the payrate of the members by an amount equal to the normal contributions paid by the employer on behalf of the employees in the pay period immediately prior to the final compensation period or increase the payrate of the members by an amount established by a labor policy or agreement in existence and in effect on June 30, 1993. That amount shall not exceed the amount of the normal member contributions that are required to be paid by the members. (b) This section shall not apply to any contracting agency or to any school employer unless and until the contracting agency or the school employer elects to be subject to this section by amendment to its contract made in the manner prescribed for approval of contracts, except an election among the employees is not required. In the case of contracts made after July 1, 1994, the section shall not apply unless incorporated by express provision in the contract. However, no school employer may act pursuant to this section unless and until the board approves a request for the amendment of the contract of a school employer to authorize termination of the payment. A school employer shall not submit a request for a contract amendment unless there is on file a request to terminate that payment from the county superintendent of schools office and each school district, community college district, and other school entity within the jurisdiction of that school employer. (c) Before adopting this provision, the governing body of a contracting agency or school employer shall, with timely public notice, place the consideration of this section on the agendas of two consecutive public meetings of the governing body, at which time, full disclosure shall be made of the nature of the benefit, the additional employer contributions, and the funding therefor. Only after the second of these public meetings may the governing body adopt this section. The employer shall notify the board of the employer’s compliance with this subdivision at the time of the governing body’s application to adopt this section. (d) Persons hired after the effective date of an employer’s contract amendment to include this section shall be informed by the employer of how this benefit relates to their total compensation and benefit package. (e) The additional employer contributions required under this section shall be computed as a level percentage of member compensation. The additional contribution rate required at the time this section is added to a contract shall not be less than the sum of (1) the actuarial normal cost, plus (2) in the case of a contract amendment, the additional contribution required to amortize the increase in accrued liability attributable to the benefit elected under this section over the unfunded actuarial liability period currently in the agency’s contract, commencing from the date this section becomes effective in the agency’s contract. (f) For the purposes of this section, all contributions, liabilities, actuarial interest rates, and other valuation factors necessary to calculate the employer’s contribution shall be determined on the basis of actuarial assumptions and methods which, in combination, provide the board’s best estimate of anticipated experience under the system. The board has the exclusive power and duty to make these determinations. (g) Within 30 days of notification from the board to the contracting agency or school employer of the additional employer contributions required pursuant to this section, the contracting agency or school employer, or a recognized employee organization, or both, may file with the board a request for a review of the determination of the calculation of the additional employer contributions. The board shall promulgate regulations governing the conduct of the review, that shall include the means by which an employer or recognized employee organization may submit independent actuarial evidence regarding the additional contribution required by this section. The board shall make the final determination on the additional employer contributions needed to fund this contract amendment. (h) This section shall not apply to a new member as defined in Section 7522.04. (Amended by Stats. 2013, Ch. 526, Sec. 8. (SB 220) Effective January 1, 2014.) - 20693. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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. )
The state or the Regents of the University of California may pay all or part of a state member’s normal contributions, but employers may not pay part of those contributions for certain members unless another section authorizes 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 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. ) ## 20693. (a) Except as provided in subdivision (b), notwithstanding any other law, the state or the Regents of the University of California may pay all or a portion of the normal contributions required to be paid by a state member. The payments shall be reported as employer-paid normal contributions and shall be credited to member accounts. Nothing in this subdivision shall be construed to limit the authority of the state to periodically increase, reduce, or eliminate the payment by the state of all or a portion of the normal contributions required to be paid by a state member, as authorized by this section. This section shall be subject to any applicable collective-bargaining laws. (b) Notwithstanding subdivision (a), employers shall not pay a portion of the normal contributions for members who are subject to subdivision (c) of Section 7522.30, except where authorized pursuant to subdivision (f) of Section 7522.30. (Amended by Stats. 2013, Ch. 526, Sec. 9. (SB 220) Effective January 1, 2014.) - 20694. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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. )
For patrol members in State Bargaining Unit 5, the state pays their normal contributions through June 30, 2001, and from July 1, 2001 the contribution rate is 1.5% on compensation above $863 per 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 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. ) ## 20694. (a) This section shall apply only to patrol members in State Bargaining Unit 5. (b) The state shall pay all of the normal contributions required to be paid by patrol members pursuant to Section 20681 until June 30, 2001. (c) Notwithstanding Section 20681, effective July 1, 2001, the normal rate of contribution for patrol members shall be 1.5 percent of the compensation in excess of eight hundred sixty-three dollars ($863) per month paid those members. The state shall pay the difference between the normal contributions that would be required to be paid by patrol members pursuant to Section 20681 and the amount paid by those members pursuant to this section. (d) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, 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, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Added by Stats. 1999, Ch. 778, Sec. 1. Effective October 10, 1999.) - 20710. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 2. Additional Contributions [20710 - 20712] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )
Members and certain employers may choose to make extra contributions for additional benefits, subject to board 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 8. Member Contributions [20671 - 20776] ( Chapter 8 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Additional Contributions [20710 - 20712] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20710. Subject to rules prescribed by the board, any member or any employer, other than the state, on behalf of any group of miscellaneous members, any group of members designated by the employer as management employees, or any members, may elect to make contributions in excess of the member’s normal contributions, for the purpose of providing additional benefits. The exercise of this privilege by a member does not require his or her employer to make any additional contributions. An election by an employer to make the additional contributions does not require any member to make additional contributions and the additional contributions shall continue in effect for the period as shall be specified in the election filed with the board and a member shall acquire no right by reason of his or her employment while the election is in effect to a continuation of those contributions beyond the period specified in the election. Upon application, the board shall furnish information concerning the nature and amount of additional benefits to be obtained from additional contributions. The board may by rule provide for refund of accumulated additional contributions to a member. However, a refund of additional contributions may be made to a member if an employer had made additional contributions on his or her behalf only as a part of a refund of accumulated contributions in accordance with this part. Wherever in this part provision is made with respect to additional or accumulated additional contributions of a member the term shall include contributions made by an employer pursuant to this article. The board shall provide for additional employer contributions to be credited at least monthly to the individual account of the member on behalf of whom the contribution is made. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.) - 20711. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 2. Additional Contributions [20710 - 20712] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )
A member may, in writing and at any time, tell the board to use additional contributions on the member’s credit to pay certain required or optional contributions, but not normal monthly contributions under Article 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 8. Member Contributions [20671 - 20776] ( Chapter 8 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Additional Contributions [20710 - 20712] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20711. Notwithstanding any other provision of this part, a member may at any time, in writing, authorize the board to apply any additional contributions standing to the member’s credit as payment of any contributions required of the member or payable at the member’s option pursuant to any provision of this part, except the normal monthly contributions required in Article 1 (commencing with Section 20670). (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.) - 20712. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 2. Additional Contributions [20710 - 20712] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )
An election to make additional contributions is effective only if filed with the board on or before June 30, 1983.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 2. Additional Contributions [20710 - 20712] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20712. An election by any member or any employer to make additional contributions in accordance with Section 20710 shall be effective only if it was filed with the board on or before June 30, 1983. Additional contributions may be made on and after July 1, 1983, in accordance with the terms of an election filed on or before June 30, 1983. A refund of accumulated additional contributions or an application of accumulated additional contributions as payment of any required contribution under Section 20711 shall terminate the privilege of making additional contributions if the refund or application occurs on or after July 1, 1983. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.) - 20730. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 4. Return of Contributions [20730 - 20737] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. )
A person whose retirement was compulsory under this article may ask the board for a refund of accumulated contributions before the first retirement allowance is paid, and the board must pay the contributions immediately if the request is filed.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 4. Return of Contributions [20730 - 20737] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20730. At any time prior to the payment of his or her first retirement allowance, a person whose retirement was compulsory under this article may file with the board a request for refund of his or her accumulated contributions as of the effective date of the retirement, in lieu of any other benefit payable under this part. Upon receipt of the request so filed, the contributions shall be paid to that person immediately and that person shall not be entitled to any other benefit payable under this part. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.) - 20731. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 4. Return of Contributions [20730 - 20737] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. )
This section lets certain members keep contributions on deposit, revoke that choice in some periods, and sets what happens if they do not act in time.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 8. Member Contributions [20671 - 20776] ( Chapter 8 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Return of Contributions [20730 - 20737] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20731. (a) Notwithstanding any other provision of this part, a member who is credited with less than the years of service specified in Article 1 (commencing with Section 21060) of Chapter 12 who enters employment as a member of a public retirement system supported, in whole or in part, by state funds, including the University of California Retirement System, or as a member of a county retirement system, within six months of leaving state service, shall have the right to elect to leave accumulated contributions on deposit in the retirement fund. Failure to make an election to withdraw accumulated contributions shall be deemed an election to leave accumulated contributions on deposit in the retirement fund. This section shall also apply to a member who is subject to Section 21076 or 21076.5. (b) (1) An election to allow accumulated contributions to remain in the retirement fund may be revoked by the member at any time, except any of the following: (A) While the member is employed in state service in a position in which the member is not excluded from membership with respect to that service. (B) While the member is in service as a member of a public retirement system supported, in whole or in part, by state funds, including the University of California Retirement System. (C) While the member is in service, entered within six months after discontinuing state service, as a member of a county retirement system. (2) All accumulated contributions in a member’s account up to the time of revocation shall be distributed in accordance with an election pursuant to Section 20735. (3) A member who is permanently separated from all service covered by the system, who is not subject to paragraph (1), and who attains the age that is one-half of a year prior to the age prescribed by Section 401(a)(9) of the Internal Revenue Code shall be provided with an election to withdraw contributions or, if vested, an election to either apply for service retirement or to withdraw contributions. Failure to apply for service retirement or to make an election to withdraw contributions within 90 days shall be deemed an election to withdraw contributions. If the person fails to either apply for service retirement or elect to withdraw contributions, or cannot, with reasonable diligence, be located, the accumulated contributions shall be distributed in accordance with Section 21500. (c) A member whose membership continues under this section is subject to the same age and disability requirements as apply to other members for service or for disability retirement. After the qualification of the member for retirement by reason of age, which shall be the lowest age applicable to any membership category in which the member has credited service, or disability, the member shall be entitled to receive a retirement allowance based upon the amount of the member’s accumulated contributions and service standing to the member’s credit at the time of retirement and on the employer contributions held for the member and calculated in the same manner as for other members, except that the provisions in this part for minimum service and disability retirement allowances shall not apply to the member, unless the member meets the minimum service requirements. If a basic death benefit becomes payable under Article 1 (commencing with Section 21490), Article 2 (commencing with Section 21530), and Article 5 (commencing with Section 21620) of Chapter 14 because of death before retirement of a member, the average annual compensation earnable in the year preceding the date of termination of that service, rather than in the year preceding death, shall be used in computing the benefit under Articles 1, 2, and 5 of Chapter 14. The provisions of this section, as it read prior to June 21, 1971, shall continue with respect to a member whose membership continued under this section on that date. (Amended by Stats. 2023, Ch. 159, Sec. 4. (SB 885) Effective January 1, 2024.) - 20733. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 4. Return of Contributions [20730 - 20737] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. )
If a member loses future service credit under Section 20300, that member is treated as permanently separated from state service for purposes of withdrawing 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 4. Return of Contributions [20730 - 20737] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20733. A member who ceases to be entitled to credit in this system for future service because of Section 20300 shall be considered permanently separated from state service with respect to his or her right to withdraw contributions. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.) - 20734. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 4. Return of Contributions [20730 - 20737] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. )
When accumulated contributions are paid to a former member, the payment must include current year interest through the date the claim is filed with the Controller’s office.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 8. Member Contributions [20671 - 20776] ( Chapter 8 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Return of Contributions [20730 - 20737] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20734. The payment of accumulated contributions to a former member shall include current year interest through the date in which the claim is filed with the office of the Controller. (Amended by Stats. 1996, Ch. 906, Sec. 87. Effective January 1, 1997.) - 20735. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 4. Return of Contributions [20730 - 20737] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. )
A member whose state service or membership ends may, on request, be paid accumulated contributions if the board believes the member was permanently separated because of the discontinuance.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 4. Return of Contributions [20730 - 20737] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20735. If the state service or membership of a member is discontinued, he or she shall, upon his or her request, be paid his or her accumulated contributions, if, in the opinion of the board, he or she is permanently separated from state service or membership by reason of the discontinuance. This section shall not apply to discontinuance of state service or membership as a result of retirement or death on account of which a basic, a limited, or a special death benefit is payable. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.) - 20737. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 4. Return of Contributions [20730 - 20737] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. )
For covered members, current-year interest is paid through the election effective date, later interest rate is set by the board, and accumulated contributions plus interest are not paid until retirement or requested after permanent separation.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 8. Member Contributions [20671 - 20776] ( Chapter 8 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Return of Contributions [20730 - 20737] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20737. The account of a member who elects to be subject to Section 21076 or 21076.5 shall be paid current year interest through the effective date of that election for service rendered as a state miscellaneous or state industrial member. Interest subsequent to the effective date of that election shall accrue at a rate determined by the board. The member shall not receive his or her accumulated contributions plus interest until the time of retirement or upon request after permanent separation from state service. Interest shall be paid through the day prior to retirement or through the date on which the claim is filed with the Controller. This section does not apply to a member who elects to be subject to Section 21077. (Amended by Stats. 2013, Ch. 526, Sec. 11. (SB 220) Effective January 1, 2014.) - 20750. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 5. Redeposit of Contributions [20750 - 20756] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )
A member may elect to redeposit withdrawn contributions in the retirement fund, either in one lump sum or by installments, subject to board regulations.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 5. Redeposit of Contributions [20750 - 20756] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20750. Subject to regulations adopted by the board, a member may file an election with the board to redeposit in the retirement fund, in a lump sum or by installment payments, (1) an amount equal to the accumulated contributions that he or she has withdrawn at one or more terminations of service, or for one withdrawal at a time, but in reverse chronological order in which they occurred, and (2) an amount equal to the interest that would have been credited to his or her account to the date of completion of payments had the contributions not been withdrawn, and (3) if he or she elects to redeposit in other than one sum, interest on the unpaid balance of the amount payable to the retirement fund, beginning on the date of the election to redeposit, as if the member interest crediting rate in effect on the date of the election to redeposit had been and continued to be in effect through the completion of the payments. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.) - 20751. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 5. Redeposit of Contributions [20750 - 20756] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )
A member may redeposit withdrawn accumulated contributions under this article if the withdrawal meets the stated conditions.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 8. Member Contributions [20671 - 20776] ( Chapter 8 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Redeposit of Contributions [20750 - 20756] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20751. If a nonmember, as defined in Section 21291, withdraws accumulated contributions in accordance with Section 21292, the member may redeposit those contributions pursuant to this article. (Amended by Stats. 2003, Ch. 855, Sec. 1. Effective January 1, 2004.) - 20751.5. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 5. Redeposit of Contributions [20750 - 20756] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )
A member may redeposit contributions in a limited case, and a member who chooses to do so must make the redeposit under Section 20750.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 5. Redeposit of Contributions [20750 - 20756] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20751.5. A member whose right to redeposit contributions has been awarded in part to a nonmember, pursuant to paragraph (3) of subdivision (c) of Section 21290, may elect to redeposit contributions for the same amount that the nonmember was entitled to redeposit, if the nonmember has permanently waived all rights in the system by effecting a refund of accumulated contributions pursuant to Section 21292. A member electing to redeposit contributions pursuant to this section shall make the redeposit pursuant to Section 20750. (Added by Stats. 2003, Ch. 855, Sec. 2. Effective January 1, 2004.) - 20752. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 5. Redeposit of Contributions [20750 - 20756] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )
Eligible retirement-system members who withdrew contributions may redeposit them, under the same conditions and with related rights preserved.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 5. Redeposit of Contributions [20750 - 20756] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20752. (a) A member of the Judges’ Retirement System, the Judges’ Retirement System II, the Legislators’ Retirement System, the State Teachers’ Retirement Plan, the University of California Retirement Plan, or a county retirement system, who has withdrawn accumulated contributions from this system shall have the right to redeposit those contributions, subject to the same conditions as imposed for redeposits of accumulated contributions by Section 20750, including the rights that he or she would have had under Section 20638 had he or she not withdrawn his or her contributions. (b) Provisions of this section extending a right to redeposit accumulated contributions withdrawn from this system shall also apply to members of 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 any 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 which 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 Section 20351. (c) A member who elects to redeposit under this section shall have the same rights as a member who has elected pursuant to Section 20731 to leave his or her accumulated contributions on deposit in the fund. (Amended by Stats. 2005, Ch. 328, Sec. 5. Effective January 1, 2006.) - 20753. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 5. Redeposit of Contributions [20750 - 20756] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )
On reentry into state service, certain unpaid contributions are to be administered as if the member had withdrawn them, and the prior termination of state service is treated as a termination of 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 8. Member Contributions [20671 - 20776] ( Chapter 8 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Redeposit of Contributions [20750 - 20756] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20753. Contributions due to this system because of salary earned after reentry into state service following withdrawal and prior to redeposit of accumulated contributions, but not paid to this system because of termination of state service before completion of the necessary administrative procedures, shall be administered upon subsequent reentry into this system, as if the member had withdrawn the contributions, and the termination of state service shall be considered as a termination of membership. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.) - 20754. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 5. Redeposit of Contributions [20750 - 20756] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )
If a member redeposits withdrawn contributions, certain previously elected and unpaid contribution amounts are treated as withdrawn contributions, and the member is entitled to the election’s related rights as if payment had been completed when the contributions were withdrawn.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 5. Redeposit of Contributions [20750 - 20756] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20754. Any amount that a member elected to pay under any election with respect to normal contributions permitted under this part prior to withdrawal of accumulated contributions, including amounts unpaid at the time of the withdrawal, and any amount of arrears contributions then unpaid shall be included, upon subsequent reentry into this system, in the amount of withdrawn contributions for purposes of redeposit under this article. Upon the redeposit of withdrawn contributions, a member shall be entitled to all rights accruing from that election with respect to normal contributions in all respects as though payment had been completed at the time of the withdrawal of accumulated contributions. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.) - 20755. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 5. Redeposit of Contributions [20750 - 20756] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )
If a member returns after membership ends and does not redeposit withdrawn contributions, the person comes back as a new member with no service credit except specified 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 8. Member Contributions [20671 - 20776] ( Chapter 8 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Redeposit of Contributions [20750 - 20756] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20755. Upon reentering this system after a termination of his or her membership, if a member does not elect to redeposit withdrawn contributions as provided in Section 20750 or, having so elected, subsequently does not make the redeposit, he or she reenters as a new member without credit for any service except the prior service credited to him or her before termination and any service that is credited prior to termination of membership pursuant to subdivision (c) of Section 20340. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.) - 20756. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 5. Redeposit of Contributions [20750 - 20756] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )
Employer contributions must be made by adjusting the employer’s contribution rate, and employers are not liable for any part of a member’s own 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 5. Redeposit of Contributions [20750 - 20756] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20756. Benefits based on service credited under this article and Article 4 (commencing with Section 20730), where the service credit is derived from a member’s redeposit of contributions, shall be paid from contributions of the employer or employers which is or are the source of the contributions redeposited by the member. The employer liability in this regard shall be limited only to its contributions and no employer shall be liable for any portion of the member’s own contributions. All employer contributions, for purposes of this article, shall be made by adjustment of the employer’s rate of contribution. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.) - 20770. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 6. Contribution Procedure [20770 - 20776] ( Article 6 added by Stats. 1995, Ch. 379, Sec. 2. )
The board must tell certain public employers and the university comptroller the contribution rate and other amounts owed for each member, and those officials must apply the rate to each member’s 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 8. Member Contributions [20671 - 20776] ( Chapter 8 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 6. Contribution Procedure [20770 - 20776] ( Article 6 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20770. The board shall furnish, in a manner determined by it, to the head of each state agency and court and to the comptroller of the university the normal rate of contribution for, and the amount of any other contributions payable by, each member employed therein. The state agency head, comptroller, or the Controller, as the case may be, shall apply that rate of contribution to the compensation of each member. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.) - 20771. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 6. Contribution Procedure [20770 - 20776] ( Article 6 added by Stats. 1995, Ch. 379, Sec. 2. )
State agency heads must provide contribution-rate information to the Controller, and the Controller must deduct and remit member contributions 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 8. Member Contributions [20671 - 20776] ( Chapter 8 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 6. Contribution Procedure [20770 - 20776] ( Article 6 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20771. Each head of a state agency for which the member’s compensation is paid directly by the Controller shall furnish to the Controller the normal rate of contribution for, and the amount of any other contributions payable by, each member employed therein. The Controller shall deduct from the compensation of each member and remit to the board the contributions so determined and the other contributions payable, and furnish to the board a statement of contributions deducted, with respect to each member, together with other information the board may require. Each head of a state agency that directly pays the member’s compensation shall deduct from the compensation of each member and remit to the board the contributions so determined and the other contributions payable, and furnish to the board a statement of contributions so deducted, with respect to each member, together with other information the board may require. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.) - 20772. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 6. Contribution Procedure [20770 - 20776] ( Article 6 added by Stats. 1995, Ch. 379, Sec. 2. )
State employees assigned to certain funded service must contribute to the retirement fund, agency heads must notify and report contribution information, and unpaid contributions may be deducted later from pay.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 6. Contribution Procedure [20770 - 20776] ( Article 6 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20772. When a member employed by the state is assigned to service for which he or she is compensated from funds not directly controlled by the state, he or she shall contribute to the retirement fund at the rate certified by the board, applied to the compensation earnable by him or her immediately preceding that assignment. The head of each state agency in which a member assigned to that service is employed shall notify the member of his or her individual rate of contribution and the amount of the monthly contribution payable by him or her to the retirement fund, and shall furnish monthly to the board a list of the employees so assigned during the preceding month, together with the rate of compensation earnable by each. Within 15 days of the receipt of compensation for that service in any month, the member rendering that service shall transmit his or her contribution in respect to that service to the office of this system in Sacramento. Any contribution remaining unpaid for 30 days after the completion of the assignment of the member and his or her return to the state payroll shall be deducted from his or her compensation for the next succeeding month or months as the board may provide by rule. (Amended by Stats. 1996, Ch. 906, Sec. 89. Effective January 1, 1997.) - 20772.5. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 6. Contribution Procedure [20770 - 20776] ( Article 6 added by Stats. 1995, Ch. 379, Sec. 2. )
National Guard members must make specified retirement contributions, and the Military Department must notify them, forward contributions, and report covered members 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 8. Member Contributions [20671 - 20776] ( Chapter 8 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 6. Contribution Procedure [20770 - 20776] ( Article 6 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20772.5. (a) Notwithstanding any other provision of this part, a National Guard member shall contribute to the retirement fund at the rate applicable to state miscellaneous members and applied to the compensation earned by him or her during the period or periods of contribution. In addition to the normal rate of contribution provided in Section 20677.4, a National Guard member shall also pay the employer contribution, at the rate established in Section 20814, attributable to the service of that member. All contributions described in this section will be deposited in the account of the National Guard member and administered as normal contributions of that member. (b) (1) The Military Department shall notify the member of his or her total rate of contributions and the amount of the monthly contribution payable by him or her to the retirement fund. The member shall transmit his or her contribution with respect to the service described in the notice by the Military Department. The Military Department shall transmit the contributions to the system as described in rules and regulations adopted by the board. (2) If the member fails to pay the contribution within one month after receipt of the notice, the amount of contribution due shall accrue interest, at the rate described in Section 20059, as calculated by the Military Department, with interest to be added to the amount owed for the subsequent month. The system shall not be obligated to attempt to collect any delinquent payments. A member may not be credited with service under this part until the contribution with respect to that service, plus any accrued interest, is paid in full. (c) The Military Department shall periodically furnish to the board a list of the members subject to this section. (Added by Stats. 2007, Ch. 355, Sec. 13. Effective January 1, 2008.) - 20772.6. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 6. Contribution Procedure [20770 - 20776] ( Article 6 added by Stats. 1995, Ch. 379, Sec. 2. )
The system may bill the Military Department for reimbursement of certain administrative and program costs, if the board sets the 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 6. Contribution Procedure [20770 - 20776] ( Article 6 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20772.6. Under conditions established by the board, the system may periodically bill the Military Department for reimbursement of the administrative and program costs of administering the membership and service credit of National Guard members. (Added by Stats. 2007, Ch. 355, Sec. 14. Effective January 1, 2008.) - 20773. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 6. Contribution Procedure [20770 - 20776] ( Article 6 added by Stats. 1995, Ch. 379, Sec. 2. )
The university comptroller must deduct certain contributions from each university member’s compensation, send them to the board, and provide a statement and any other information the board requires.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 8. Member Contributions [20671 - 20776] ( Chapter 8 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 6. Contribution Procedure [20770 - 20776] ( Article 6 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20773. The comptroller of the university shall deduct from the compensation of each university member and remit to the board the contributions so determined and the other contributions payable, and furnish to the board a statement of the contributions so deducted, with respect to each member, together with any other information the board may require. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.) - 20774. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 6. Contribution Procedure [20770 - 20776] ( Article 6 added by Stats. 1995, Ch. 379, Sec. 2. )
The board must tell each contracting agency’s designated clerk or officer the contribution rate and any other amounts payable for each local member. That officer must then apply the rate, deduct and remit the contributions to the board, and provide a statement and any other information the board requires.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 8. Member Contributions [20671 - 20776] ( Chapter 8 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 6. Contribution Procedure [20770 - 20776] ( Article 6 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20774. The board shall furnish, in a manner determined by it, to the clerk or other officer designated by the governing body, of each contracting agency the normal rate of contribution for, and the amount of any other contributions payable by, each local member employed therein. The officer shall apply the rate of contribution to the compensation of each local member and deduct from that compensation and remit to the board the contributions so determined and the other contributions payable, and furnish to the board a statement of the contributions so deducted, with respect to each member, together with any other information the board may require. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.) - 20775. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 6. Contribution Procedure [20770 - 20776] ( Article 6 added by Stats. 1995, Ch. 379, Sec. 2. )
The board must credit each member’s deducted contribution, plus regular interest, to that member’s individual account.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 6. Contribution Procedure [20770 - 20776] ( Article 6 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20775. Each member’s contribution deducted and remitted or otherwise paid to the board shall be credited by the board, together with regular interest, to an individual account of the member for whom the contribution was made. Payment of salaries or wages less such contribution is in full discharge of all claims and demands whatsoever for the service rendered by the members during the period covered by the payment, except the benefits afforded by this part. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.) - 20776. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 6. Contribution Procedure [20770 - 20776] ( Article 6 added by Stats. 1995, Ch. 379, Sec. 2. )
This section sets rules for paying remaining elected contribution balances when a member retires or dies, including when balances become immediately due and when survivors may continue deductions.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 6. Contribution Procedure [20770 - 20776] ( Article 6 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20776. (a) If a basic death benefit becomes payable before the payment of the total amount the member elected to pay under any election with respect to normal contributions, arrears contributions, absences, or public service credit permitted under this part, the member’s entire compensation, or the service upon which that total amount was based, as the case may be, shall be included in the computation of the portion of the death benefit that is provided in subdivision (b) of Section 21532, and the unpaid balance of the total amount may not be paid to this system, nor may it be included in the member’s accumulated contributions that constitute a part of the basic death benefit. (b) Any balance of any total amount remaining unpaid at the death of the member on account of whom a special death benefit is payable or at the retirement of a member for industrial disability may be subject to Section 21037 when payment of the balance would not increase the allowance payable. When the balance of the amount remaining unpaid would increase the allowance payable, the balance shall become due and payable immediately, except that the survivor of a member who died under circumstances under which a special death benefit is payable and who had authorized payroll deductions may elect to continue those deductions from the survivor allowance in lieu of the lump-sum payment otherwise required. If the balance is not paid, the portion of the unpaid amount representing contributions on compensation earned in the membership applicable to the member at the time of injury resulting in death or disability shall be deducted from the benefit otherwise payable and this system shall be discharged from any liability for any annuity or benefit with respect to any remainder of the unpaid contribution. (c) Any balance of the total amount remaining unpaid at the time of retirement for service or ordinary disability, or at death, with respect to which a benefit is payable under Section 21546, may be subject to Section 21037 when payment of the balance would not increase the allowance payable. When the balance of the amount remaining unpaid would increase the allowance payable, the balance shall become due and payable immediately, except that the survivor of a member who died under circumstances under which a benefit under Section 21546 is payable and who had authorized payroll deductions may elect to continue those deductions from the survivor allowance in lieu of a lump-sum payment of the balance due. If the balance is not paid, the service credit included in the election shall be reduced proportionately and any service credit dependent on completion of payments eliminated for purposes of computing the allowance but not for purposes of determining entitlement to an allowance. (d) Notwithstanding any provision of subdivision (b) or (c), a member who retires before payment of the total amount which he or she elected to pay, may elect to pay the balance due, or the total amount if no payroll deductions had been made prior to retirement, by deductions from his or her retirement allowance equal to those which the member authorized as payroll deductions. In that case, service credit included in the election may not be reduced, nor may any prior service dependent on completion of payments be eliminated for purposes of computing the allowance. Any balance of the total amount remaining unpaid upon the death of the member shall be treated in the same manner as unpaid balances are treated if a special death benefit is payable, except that the survivor of a retired member who had authorized deductions from his or her retirement allowance in accordance with this subdivision, and who is eligible for a monthly allowance, may elect to continue those deductions from the survivor’s allowance in lieu of the lump-sum payment otherwise required. Alternatively, on or after January 1, 2020, the member, survivor, or beneficiary may elect to receive an allowance that is reduced by the actuarial equivalent of any balance remaining unpaid by the member. (e) Notwithstanding any other provision of this section, all elections with an effective date on or after January 1, 2020, including elections for normal contributions, arrears contributions, absences, or public service, shall become due and payable at the time of retirement or preretirement death. The member, survivor, or beneficiary shall have his or her allowance reduced by the actuarial equivalent of any balance remaining unpaid by the member. This subdivision does not apply to elections made under Section 21027 or 21029 for retired members. (f) Interest paid with respect to normal contributions, arrears contributions, absences, or public service credit permitted under this part, prior to date of retirement or death of the member, shall be credited to the member’s individual account. Interest paid after the date of retirement or death of the member shall be credited to the retirement fund pursuant to Section 20174. (Amended by Stats. 2018, Ch. 168, Sec. 1. (AB 2196) Effective January 1, 2019.) - 20790. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 9. Employer Contributions [20790 - 20842] ( Chapter 9 added by Stats. 1995, Ch. 379, Sec. 2. )
For this chapter, “employer” means any contracting agency, except one that has elected to be covered by an amendment making the part inapplicable until 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 9. Employer Contributions [20790 - 20842] ( Chapter 9 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20790. Except as provided in Section 20815, “employer” for purposes of this chapter means any contracting agency, except a contracting agency on and after the effective date of the contracting agency’s election to be subject to any amendment of this part that provides that it is inapplicable to a contracting agency until the agency elects to be subject thereto. (Amended by Stats. 1996, Ch. 906, Sec. 91. Effective January 1, 1997.) - 20791. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 9. Employer Contributions [20790 - 20842] ( Chapter 9 added by Stats. 1995, Ch. 379, Sec. 2. )
The board must define a significant increase in actuarial liability caused by higher compensation to a nonrepresented employee, and the system actuary must charge that increase to the employer that caused 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 9. Employer Contributions [20790 - 20842] ( Chapter 9 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20791. (a) The board shall define a significant increase in actuarial liability due to increased compensation paid to a nonrepresented employee and shall implement program changes to ensure that a contracting agency that creates the significant increase in actuarial liability bears the increased liability, including any portion of that liability that otherwise would be borne by another contracting agency or agencies. (b) Upon determining the significant increase in actuarial liability, the system actuary shall assess the increase to the employer that created it and adjust that employer’s rates to account for the increased liability. (c) This section shall not apply to compensation paid to an employee for service performed while covered by a memorandum of understanding or to compensation paid for service performed while a member of a recognized employee organization as that term is defined in Section 3501. (d) This section shall apply to any significant increase in actuarial liability, due to increased compensation paid to a nonrepresented employee, that is determined after January 1, 2013, regardless of when that increase in compensation occurred. (Added by Stats. 2012, Ch. 296, Sec. 24. (AB 340) Effective January 1, 2013.) - 20799. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 9. Employer Contributions [20790 - 20842] ( Chapter 9 added by Stats. 1995, Ch. 379, Sec. 2. )
The board must credit specified contributions in the retirement fund with interest at the current net earnings rate, compounded each June 30.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 9. Employer Contributions [20790 - 20842] ( Chapter 9 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20799. The board shall credit all contributions of the state, school employer, and contracting agencies in the retirement fund with interest at the current net earnings rate compounded at each June 30. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.) - 20805. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 9. Employer Contributions [20790 - 20842] ( Chapter 9 added by Stats. 1995, Ch. 379, Sec. 2. )
For state contribution calculations, “compensation paid” includes pay a member on military service would have received if absent, when normal contributions for that absence are 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 9. Employer Contributions [20790 - 20842] ( Chapter 9 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20805. As used in determining the state’s contribution, “compensation paid” includes the compensation a member absent on military service would have received were it not for his or her absence in that service, if the normal contributions for the period of absence are made. The rate of his or her compensation shall be his or her compensation at the commencement of his or her absence. The percentages of state contribution specified in this chapter apply to all compensation upon the basis of which members’ contributions are deducted after those percentages became or become effective, without regard to the time when the service was rendered for which the compensation is paid. (Amended by Stats. 2006, Ch. 538, Sec. 294. Effective January 1, 2007.) - 20806. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 9. Employer Contributions [20790 - 20842] ( Chapter 9 added by Stats. 1995, Ch. 379, Sec. 2. )
Certain contracting agencies and school employers must make additional contributions set by the board.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 9. Employer Contributions [20790 - 20842] ( Chapter 9 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20806. Each contracting agency and school employer that is an employer for purposes of this chapter shall make contributions in addition to those otherwise specified in this chapter in amounts to be fixed and determined by the board on account of unpaid liability for prior service and on account of liability for benefits under Sections 21624 through 21628, inclusive, and 21571 and benefits provided local safety members. Payments shall be under any arrangement as may be agreed to by the board. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.) - 20808. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 9. Employer Contributions [20790 - 20842] ( Chapter 9 added by Stats. 1995, Ch. 379, Sec. 2. )
The actuary may set a separate contribution for certain death and disability benefits, and the board must keep those funds in a separate account and allocate the contribution equitably among agencies.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 9. Employer Contributions [20790 - 20842] ( Chapter 9 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20808. (a) The actuary may, in determining contributions required of contracting agencies, establish a contribution with respect to industrial disability allowances, special death benefits, and any other death benefit, singly or in any combination, separate from and independent of the contribution required for other benefits under their contracts. The total contribution, in that case, for the agencies as a group shall be established and from time to time adjusted by actuarial valuation performed by the actuary of the liability for the benefit or benefits on account of the employees of all those agencies. Adjustments shall affect only future contributions and shall take into account the difference between contributions on hand and the amount required to fund the allowances or benefits for which entitlement has already been established as well as liability for future entitlements to benefits. The contribution as so established and adjusted from time to time shall be allocated between the agencies on a basis that, in the opinion of the board, after recommendation of the actuary, provides an equitable distribution between the agencies. However, the allocation shall not be based on differences in the incidence of death or disability in the respective agencies. (b) (1) Whenever the board, pursuant to subdivision (a), establishes a separate contribution, it shall maintain the contribution and any contributions required to be made by employees towards the cost of the benefit or benefits as a separate account, which shall be available only for payment of the benefit or benefits and shall not be a part of the accumulated contributions under this system of any of the employers or members included. (2) All contributions in that account, irrespective of the agency from which they were received, shall be available for payment of the benefit or benefits with respect to the employees of any agency included. In the event of termination of any agency’s participation in this system, the liability with respect to all those benefits to which the agency’s employees have become entitled, after establishment of the rate and prior to the termination, shall be its contributions, as established under subdivision (a), that have become due and payable as of the date of termination. (Amended by Stats. 2006, Ch. 538, Sec. 295. Effective January 1, 2007.) - 20809. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 9. Employer Contributions [20790 - 20842] ( Chapter 9 added by Stats. 1995, Ch. 379, Sec. 2. )
The state must pay increased contributions tied to benefits under Section 20414, using social security contributions that would otherwise have been payable by the employer, up to the amount needed to fully fund those 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 9. Employer Contributions [20790 - 20842] ( Chapter 9 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20809. The state shall make the increased contributions required on account of liability for benefits provided by Section 20414 from social security contributions which would have been payable by the employer had Section 20414 not been enacted up to an amount necessary to fully fund the cost of those benefits. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.) - 20810. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 9. Employer Contributions [20790 - 20842] ( Chapter 9 added by Stats. 1995, Ch. 379, Sec. 2. )
The state must use social security contributions to make additional contributions needed to fully fund benefits under Section 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 9. Employer Contributions [20790 - 20842] ( Chapter 9 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20810. The state shall make the increased contributions required on account of liability for benefits provided by Section 20415 from social security contributions which would have been payable by the employer had Section 20415 not been enacted up to an amount necessary to fully fund the cost of those benefits. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.) - 20811. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 9. Employer Contributions [20790 - 20842] ( Chapter 9 added by Stats. 1995, Ch. 379, Sec. 2. )
The state must make an increased contribution, using social security contributions that would have been payable by the employer, to fully fund the cost of benefits under specified sections.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 9. Employer Contributions [20790 - 20842] ( Chapter 9 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20811. The state shall make the increased contribution required on the account of liability for benefits provided by Sections 20409, 20410, and 21151 from social security contributions that would have been payable by the employer had Sections 20409 and 20410 not been enacted, up to an amount necessary to fully fund the cost of those benefits. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.) - 20812. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 9. Employer Contributions [20790 - 20842] ( Chapter 9 added by Stats. 1995, Ch. 379, Sec. 2. )
The board may set or change amortization periods for employer contribution rates, including a 30-year funding period, and it must approve qualifying requests unless doing so would create an unsound financial risk.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 9. Employer Contributions [20790 - 20842] ( Chapter 9 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20812. Notwithstanding any other provision of this part, the board may adopt a funding period of 30 years to amortize unfunded accrued actuarial obligations for current and prior service for the purpose of determining employer contribution rates for contracting agencies and school employers. The board shall approve new amortization periods based upon requests from contracting agencies or school employers that can demonstrate a financial necessity. The board may deny a request when the request would subject the fund to an unsound financial risk. This section shall not affect the current procedure for setting the school employer rate. The board shall continue to treat the school category as a total experience pool with no requirement to establish separate rates for a school district subject to this section. (Amended by Stats. 2011, Ch. 440, Sec. 3. (AB 1028) Effective January 1, 2012.) - 20813. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 9. Employer Contributions [20790 - 20842] ( Chapter 9 added by Stats. 1995, Ch. 379, Sec. 2. )
The board may adopt a 40-year amortization period for unfunded actuarial liability tied to benefits for specified state 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 9. Employer Contributions [20790 - 20842] ( Chapter 9 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20813. The board may adopt an amortization period of 40 years for any unfunded actuarial liability for the benefits applicable to all state miscellaneous members and all state peace officer/firefighter members. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.) - 20814. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 9. Employer Contributions [20790 - 20842] ( Chapter 9 added by Stats. 1995, Ch. 379, Sec. 2. )
This section sets how the state and other public employers’ contribution rates are set and updated for the retirement system.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 9. Employer Contributions [20790 - 20842] ( Chapter 9 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20814. (a) Notwithstanding any other provision of law, the state’s contribution under this chapter shall be adjusted from time to time in the annual Budget Act according to the following method: as part of the proposed budget, the Governor shall include the contribution rates adopted by the board for the liability of benefits on account of employees of the state. The Legislature shall adopt the board’s contribution rates and authorize the appropriation in the Budget Act. (b) In the event a memorandum of understanding goes into effect pursuant to the Ralph C. Dills Act (Chapter 10.3 (commencing with Section 3512) of Division 4 of Title 1) that was not previously considered by the board in adopting its most recent annual employer contribution rates and that memorandum of understanding contains a change in employee retirement contributions, benefits, or pension plan design, including a change that alters a state employee’s retirement contributions, or there is a change in unrepresented employees’ retirement contributions, benefits, or pension plan design to be consistent with those of related classifications and groups of represented employees, the board may, in its discretion, adopt new quarterly employer contribution rates for future contributions for the state plans to reflect these changes. If the board adopts new rates for the state plans to reflect a change in employee retirement contributions, benefits, or pension plan design, the Director of Finance shall reduce or increase the percentage levels of the state’s retirement contribution to reflect the new rates. Nothing in this section shall require the board to take action as described herein unless the board determines, in good faith, that the action described herein is consistent with the fiduciary responsibilities of the board described in Section 17 of Article XVI of the California Constitution. (c) The employer contribution rates for all other public employers under this system shall be determined on an annual basis by the actuary and shall be effective on the July 1 following notice of a change in rate. (Amended by Stats. 2011, Ch. 440, Sec. 4. (AB 1028) Effective January 1, 2012.) - 20815. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 9. Employer Contributions [20790 - 20842] ( Chapter 9 added by Stats. 1995, Ch. 379, Sec. 2. )
The board generally may not pool public agency employers’ assets and liabilities to set a uniform contribution rate; instead, each public employer’s rate must be based on its own experience. A county and a trial court that jointly contract under Section 20460.1 are treated as a combined account for rate-setting.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 9. Employer Contributions [20790 - 20842] ( Chapter 9 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20815. (a) Notwithstanding any other provision of this part, including, but not limited to, Sections 20225 and 20790, the board shall not combine the assets and liabilities of public agency employers into a single account for the purpose of setting a uniform rate of employer contributions for all public agency employers. The rate at which a public employer’s contribution to this system shall be fixed shall be based upon its own experience. Provisions of law that provide authority for this system to combine the assets and liabilities of public employers into a single account for purposes of establishing a uniform rate are superseded to the extent that they provide that authority. For purposes of this section only, references to public employers shall not be construed to include school employers. (b) Notwithstanding subdivision (a), the assets and liabilities of a county and a trial court jointly contracting with the board under Section 20460.1 shall be combined for purposes of setting the employer contribution rate for both the county and the trial court. (Amended by Stats. 2000, Ch. 1010, Sec. 10. Effective January 1, 2001.) - 20815.5. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 9. Employer Contributions [20790 - 20842] ( Chapter 9 added by Stats. 1995, Ch. 379, Sec. 2. )
The board must make separate one-time asset-and-liability computations for the Butte and Solano county trial court contracts, and the affected trial courts and counties must provide specified information by the stated deadlines.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 9. Employer Contributions [20790 - 20842] ( Chapter 9 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20815.5. (a) The board shall, within its existing resources, prepare both of the following: (1) For the joint contract of Butte County and the Butte County trial court, a one-time separate computation of the assets and liabilities of the Butte County trial court and those of Butte County, as determined by the actuary. (2) For the joint contract of Solano County and the Solano County trial court, a one-time separate computation of the assets and liabilities of the Solano County trial court and those of Solano County, as determined by the actuary. (b) For purposes of this section and the computation of assets and liabilities, the following shall apply: (1) A person shall be deemed a trial court employee for service that satisfies either of the following: (A) If the person was employed by the trial court on January 1, 2001, all continuous service for the county immediately preceding January 1, 2001, regardless of whether that service was as a county employee or a county employee assigned to the trial court. (B) Any service on or after January 1, 2001, that the person is employed by the trial court. (2) A person shall be deemed a county employee for service that satisfies any of the following: (A) Any period of service prior to January 1, 2001, that is not described in subparagraph (A) of paragraph (1). (B) Any service on or after January 1, 2001, that the person is employed by the county. (c) On or before March 1, 2008, each respective trial court and county described in subdivision (a) shall identify and send to the board the following information: (1) Those active, inactive, and retired members that are considered county employees and those active, inactive, and retired members that are considered trial court employees. (2) Any lump-sum payments previously made by either the county or the trial court to the system that covers the period from January 1, 2001, to January 1, 2008, inclusive. (d) On or before October 1, 2008, the board shall forward the computation described in subdivision (a) to each respective county and the trial court for that county. The computation shall be based upon the most recent annual actuarial valuation at the time the data described in subdivision (c) is received by the board. (e) Nothing in this section shall be construed to effect the combined calculation of assets and liabilities for purposes of setting the employer contribution rate for both a county and a trial court as described in subdivision (b) of Section 20815. (Added by Stats. 2007, Ch. 256, Sec. 1. Effective September 29, 2007.) - 20815.6. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 9. Employer Contributions [20790 - 20842] ( Chapter 9 added by Stats. 1995, Ch. 379, Sec. 2. )
The board must compute the assets and liabilities for a county and trial court seeking to split a joint contract, and the county, trial court, and board each have timed steps to provide information, review the computation, and complete the separation.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 9. Employer Contributions [20790 - 20842] ( Chapter 9 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20815.6. (a) Upon request and not to exceed once every five years, the board shall, within its existing resources, perform a separate computation of the assets and liabilities as of the most recent actuarial valuation date, as determined by the actuary, for a county and a trial court that elect to separate their joint contract. Upon completion of the computation under subdivision (c), the trial court shall enter a separate contract in accordance with Chapter 5 (commencing with Section 20460) and the assets and liabilities of the trial court shall be moved to its individual contract. (b) Each respective trial court and county described in subdivision (a) shall identify and send to the board all of the following information within 90 days of election to separate the joint contract: (1) The starting and ending appointment dates for all active, inactive, and retired members that are considered county employees or trial court employees. The trial court and county shall jointly agree upon the following about those members: (A) Their appointment dates. (B) Whether a member is a county employee or trial court employee for purposes of the computation under subdivision (c). (2) (A) The amount and payment date of any additional discretionary payments made by either the county or the trial court to the system. (B) The amount and allocation of any additional discretionary payments described in subparagraph (A) shall be jointly agreed upon by the respective county and trial court and validated by the system before those additional discretionary payments are used in the computation to separate the joint contract. (c) Within 90 days of receipt of the information described in subdivision (b), the board shall forward the computation described in subdivision (a) to the respective county and trial court. The computation and separation shall be based on the most recent actuarial valuation at the time the data described in subdivision (b) is received by the board. The county and trial court shall have 30 days to review the computation and provide any additional information required for clarification or correction or to revoke their election to separate the joint contract. The board shall only consider information that is jointly confirmed by both the trial court and county. Subsequent to the deadline for the provision of information for correction, the board shall have 180 days to amend the computation and to separate the joint contract into individual contracts for the county and trial court. If either the county or the trial court revokes its election to separate the joint contract, the joint contract shall remain in effect. (Added by Stats. 2023, Ch. 307, Sec. 4. (SB 548) Effective January 1, 2024.) - 20816. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 9. Employer Contributions [20790 - 20842] ( Chapter 9 added by Stats. 1995, Ch. 379, Sec. 2. )
This section says employer assets must be used when calculating employer contribution rates, and it allows certain qualifying contracting agencies to request asset transfers for member contributions or retiree health accounts.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 9. Employer Contributions [20790 - 20842] ( Chapter 9 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20816. (a) Notwithstanding any other provision of this part, all assets of an employer shall be used in the determination of the employer contribution rate for the membership comprising the basis of the computation. Assets held shall be recognized over the same funding period used to amortize unfunded accrued actuarial obligations, whether in excess of the accrued actuarial obligation or not, using the entry age normal funding method. (b) On and after January 1, 1999, contracting agencies for which the actuarial value of assets exceeds the present value of benefits as of the most recently completed valuation, as determined by the chief actuary, may request that the board transfer employer assets to member-accumulated contribution accounts to satisfy all or a portion of the member contributions required by this part. That transfer shall be over a 12-month period provided the actuarial value of assets exceeds the present value of benefits. In determining the present value of benefits and the actuarial value of assets for purposes of this part, liabilities and assets attributed to the 1959 survivor allowance may not be included. On and after January 1, 2003, a transfer of assets may not be made pursuant to this subdivision unless all or the same portion of the member contributions of each member in a membership classification are satisfied through the transfer. An employer electing a transfer of assets pursuant to this subdivision shall satisfy the members’ contributions for a period of not less than one month and not more than one year. (c) On and after January 1, 2002, any contracting agency for which the actuarial value of assets exceeds the present value of benefits as of the most recently completed valuation, as determined by the chief actuary, may request that the board transfer from the contracting agency’s employer account excess assets, as determined by the board subject to the requirements and limitations of Section 420 of the Internal Revenue Code (26 U.S.C. Sec. 420), to a retiree health account established by the board, in its discretion, in the contracting agency’s employer account pursuant to Section 401(h) of the Internal Revenue Code (26 U.S.C. 401(h)) for the purpose of providing health benefits to the contracting agency’s retirees and their covered dependents. The board may, in its discretion, transfer excess assets from the contracting agency’s employer account to that contracting agency’s retiree health account within that agency’s employer account, if the transfer meets the conditions of a qualified transfer pursuant to Section 420 of the Internal Revenue Code (26 U.S.C. Sec. 420). The transferred assets shall be used solely for the payment of current retiree health liabilities. That qualified transfer shall be made only once each year. The board may adopt regulations necessary to implement this subdivision. Notwithstanding any other provision of law, the regulations may provide for the nonforfeiture of accrued pension benefits of participants and beneficiaries of a plan from which excess assets are transferred to the extent necessary for the transfer to meet the conditions of a qualified transfer pursuant to Section 420 of the Internal Revenue Code (26 U.S.C. Sec. 420), and may include any other provision necessary under Section 420 of the Internal Revenue Code (26 U.S.C. Sec. 420) or Section 401(h) of the Internal Revenue Code (26 U.S.C. Sec. 401(h)) to accomplish the purposes of this subdivision. (d) For the purpose of this section, “employer” means any contracting agency, the state, or a school employer. (e) The actuarial report in the annual financial report shall also express the effect upon employer contribution rates of this section and of the recognition of net unrealized gains and losses. (Amended by Stats. 2003, Ch. 519, Sec. 13. Effective January 1, 2004.) - 20820. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 9. Employer Contributions [20790 - 20842] ( Chapter 9 added by Stats. 1995, Ch. 379, Sec. 2. )
Surplus funds in the patrol member category must be used to reduce the state employer contribution, and may also be used to reduce member contributions under a memorandum of understanding.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 9. Employer Contributions [20790 - 20842] ( Chapter 9 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20820. Notwithstanding Section 20816, surplus funds credited to the patrol member category shall be used to reduce the state employer contribution to this system. Surplus funds in the patrol member category may also be used to reduce the member contributions required by Section 20677.8, under the terms of a memorandum of understanding reached pursuant to Section 3517.5. (Amended by Stats. 2011, Ch. 440, Sec. 5. (AB 1028) Effective January 1, 2012.) - 20821. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 9. Employer Contributions [20790 - 20842] ( Chapter 9 added by Stats. 1995, Ch. 379, Sec. 2. )
Certain school employers and contracting agencies must increase retirement fund contributions, and the board sets the amount or percentage.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 9. Employer Contributions [20790 - 20842] ( Chapter 9 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20821. (a) The contribution to the retirement fund of a school employer or a contracting agency electing to be subject to Section 20325 with respect to school members and local members making payments pursuant to Section 20325 for past service that was less than the minimum prescribed by paragraph (2) of subdivision (a) of Section 20305 because of service of less than 20 hours a week, prior to the enactment of Section 20325, shall be increased by an amount or a percentage of the compensation paid to those members determined by the board. (b) The additional contribution imposed pursuant to subdivision (a) shall include an amount to pay the reasonable administrative expenses incurred by the board in establishing the additional contribution required in subdivision (a). (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.) - 20822. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 9. Employer Contributions [20790 - 20842] ( Chapter 9 added by Stats. 1995, Ch. 379, Sec. 2. )
The General Fund must make quarterly contributions to the retirement fund for specified member groups, with an exception for certain state members not accruing service credit in their first 24 months of 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 9. Employer Contributions [20790 - 20842] ( Chapter 9 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20822. (a) From the General Fund in the State Treasury there is appropriated quarterly, to the retirement fund, the state’s contribution for all of the following: (1) All state miscellaneous members and all other categories of members whose compensation is paid from the General Fund. (2) All university members whose compensation is paid from funds of, or funds appropriated to, the university. (3) All state miscellaneous members who are employed by the State Department of Education or the Department of Rehabilitation and whose compensation is paid from the Vocational Education Federal Fund, the Vocational Rehabilitation Federal Fund, or any other fund received, in whole or in part, as a donation to the state under restrictions preventing its use for state contributions to the retirement system. (4) All state miscellaneous members and all other categories of members whose compensation is paid from the Senate Operating Fund or the Assembly Operating Fund or the Operating Funds of the Assembly and Senate. (b) No appropriation shall be required pursuant to this section with respect to any state member who, pursuant to Section 20281.5, is not accruing service credit during the first 24 months of service, unless and until that service credit is credited to the member. (Amended by Stats. 2004, Ch. 214, Sec. 6. Effective August 11, 2004.) - 20824. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 9. Employer Contributions [20790 - 20842] ( Chapter 9 added by Stats. 1995, Ch. 379, Sec. 2. )
Quarterly, money is appropriated from each other State Treasury fund to the retirement fund for the state’s contribution for covered members, except for certain state members who are not accruing service credit during their first 24 months of service until that credit is posted.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 9. Employer Contributions [20790 - 20842] ( Chapter 9 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20824. (a) From each other fund in the State Treasury there is appropriated quarterly to the retirement fund the state’s contribution for all members whose compensation is paid from that fund and in respect to which compensation the state’s contribution is not required to be made from the General Fund. (b) No appropriation shall be required pursuant to this section with respect to any state member who, pursuant to Section 20281.5, is not accruing service credit during the first 24 months of service, unless and until that service credit is credited to the member. (Amended by Stats. 2004, Ch. 214, Sec. 7. Effective August 11, 2004.) - 20825. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 9. Employer Contributions [20790 - 20842] ( Chapter 9 added by Stats. 1995, Ch. 379, Sec. 2. )
The Controller must move specified funds for a cash loan to the Public Employees’ Retirement Fund, and the Department of Finance must set schedules, track repayments, and report to the Joint Legislative Budget Committee.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 9. Employer Contributions [20790 - 20842] ( Chapter 9 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20825. (a) (1) Notwithstanding any other law, in accordance with a schedule provided by the Department of Finance, the Controller shall, in accordance with paragraph (2), transfer up to six billion dollars ($6,000,000,000) to the Public Employees’ Retirement Fund from the Surplus Money Investment Fund and other funds in the Pooled Money Investment Account that accrue interest to the General Fund as a cash loan to supplement the state’s employer contributions for the 2017–18 fiscal year. The schedule provided by the Department of Finance shall specify the timing and amounts of transfers to the Public Employees’ Retirement Fund. (2) Notwithstanding any other law, no sooner than 30 calendar days after the Department of Finance has provided the schedule of payments described in paragraph (1) to the Joint Legislative Budget Committee, or not sooner than whatever lesser time the Chairperson of the Joint Legislative Budget Committee, or his or her designee, may determine, the Controller shall transfer funds pursuant to the payment schedule established by the Department of Finance described in paragraph (1). (3) The supplemental payment to the Public Employees’ Retirement Fund described in paragraph (1) shall be apportioned to the following state employee member categories, as directed by the Department of Finance, not to exceed the following amounts: (A) Three billion six hundred million dollars ($3,600,000,000) to the state miscellaneous member category. (B) One hundred million dollars ($100,000,000) to the state industrial member category. (C) Three hundred million dollars ($300,000,000) to the state safety member category. (D) One billion five hundred million dollars ($1,500,000,000) to the state peace officer/firefighter member category. (E) Five hundred million dollars ($500,000,000) to the patrol member category. (b) The supplemental payment to the Public Employees’ Retirement Fund described in subdivision (a) is to be applied to unfunded liabilities for state-level pensions in excess of current base amounts for the 2017–18 fiscal year, and the repayment of the loan principal and the payment of interest from the General Fund constitutes an obligation described in subclause (IV) of clause (ii) of subparagraph (B) of paragraph (1) of subdivision (c) of Section 20 of Article XVI of the California Constitution. (c) (1) Interest payments on outstanding loan amounts shall be calculated using the quarter to date yield at the two-year constant maturity United States Treasury rate for the calendar quarter concluded directly before the calculation. The interest payments shall be paid on a quarterly basis beginning in the 2017–18 fiscal year and shall continue until the loan has been fully repaid. The loan principal and interest shall be fully repaid on or before June 30, 2030. The interest payments are interest earnings of the Pooled Money Investment Account and shall be apportioned pursuant to Sections 16475 and 16480.6, unless modified by an agreement among the Department of Finance, the Controller, and the Treasurer, to comply with other laws or regulations. (2) Repayment of the loan principal and the payment of interest shall be made from the General Fund and other funds and accounts that are required by law to fund the state’s employer contribution to the Public Employees’ Retirement Fund. Notwithstanding Section 13340, moneys for the repayment of the loan principal and payment of interest are hereby continuously appropriated for this purpose, and the timing and amounts to be transferred shall be pursuant to calculations provided by the Department of Finance. The Department of Finance shall devise a tracking mechanism and maintain records of payment by each fund in each fiscal year. The Department of Finance shall develop a repayment schedule that allocates the amount to each fund after evaluation of its share of costs and its fund availability. The Department of Finance shall ensure each fund pays its proportionate share of the loan principal and interest over the course of the loan. (3) The Department of Finance shall certify to the Controller, and shall include in the published fund condition statement of the applicable funds and accounts, the amount determined to be the share of the loan principal and interest due and payable from each fund for the fiscal year described in paragraph (2). The Department of Finance may determine and direct the Controller to advance from the General Fund an amount up to the equivalent of the non-General Fund portion of the payment in each fiscal year for the repayment of the loan principal or payment of interest. Upon notification by the Department of Finance of the timing and the amounts to be transferred, the Controller shall transfer the amount of the loan principal repayment or interest payment, as applicable, from all funds to the Surplus Money Investment Fund or to the General Fund if repayment or payments are made in advance from the General Fund. (d) If a fund has an insufficient fund balance for the repayment of loan principal or payment of interest, the Controller shall request that the Department of Finance provide direction on effecting the transfer and its timing. The implementation of this section shall not obstruct any of the trust purposes of the programs supported by funds on deposit in the Surplus Money Investment Fund and other funds in the Pooled Money Investment Account that accrue interest to the General Fund. Within one month after each calendar quarter is concluded, the Department of Finance shall submit a report to the Joint Legislative Budget Committee identifying funds or accounts with an insufficient fund balance and the direction provided to the Controller on these funds. (e) On or before September 1, 2017, the Department of Finance shall submit a report to the Joint Legislative Budget Committee that describes the actuarial impact on contribution rates for each state employee member category receiving a supplemental payment under this section. The report shall describe the economic risks and benefits associated with making the cash loan provided by this section, including, but not limited to, a discussion of mechanisms available to adjust the repayment schedule and cost-allocation methodology. (Amended by Stats. 2018, Ch. 92, Sec. 109. (SB 1289) Effective January 1, 2019.) - 20825.1. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 9. Employer Contributions [20790 - 20842] ( Chapter 9 added by Stats. 1995, Ch. 379, Sec. 2. )
This section directs state fund transfers and appropriates $2.5 billion for the 2018–19 fiscal year to the Public Employees’ Retirement Fund.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 9. Employer Contributions [20790 - 20842] ( Chapter 9 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20825.1. (a) (1) In addition to the appropriation required pursuant to Section 20814, the Legislature hereby appropriates two billion five hundred million dollars ($2,500,000,000) from the General Fund for the 2018–19 fiscal year to be transferred to the Public Employees’ Retirement Fund, consistent with the requirements of this section and at the direction of the Department of Finance. The Department of Finance shall provide the Controller a schedule establishing the timing of specific transfers to be used for these purposes. (2) The supplemental payment to the Public Employees’ Retirement Fund described in paragraph (1) shall be apportioned to the following state employee member categories, as directed by the Department of Finance, not to exceed the following amounts: (A) Eight hundred forty-eight million fifty-seven thousand dollars ($848,057,000) to the state miscellaneous member category. (B) Eighty-two million nine hundred thirty thousand dollars ($82,930,000) to the state industrial member category. (C) One hundred eighty-four million four hundred twenty-seven thousand dollars ($184,427,000) to the state safety member category. (D) One billion three hundred eighty-four million five hundred eighty-six thousand dollars ($1,384,586,000) to the state peace officer/firefighter member category. (b) The supplemental payments to the Public Employees’ Retirement Fund described in paragraph (1) of subdivision (a) shall be applied to the unfunded state liabilities for the state employee member categories described in paragraph (2) of subdivision (a). (c) Notwithstanding any other law, in accordance with a schedule provided by the Department of Finance, the Controller shall transfer, in aggregate, up to two billion five hundred million dollars ($2,500,000,000) to the General Fund over the 2020–21 and 2021–22 fiscal years from other funds and accounts that are required by law to fund the state’s employer contribution to the Public Employees’ Retirement Fund. The schedule provided by the Department of Finance shall specify the timing and amounts of transfers to the General Fund, after evaluation of each fund’s share of costs and its fund availability. (Amended by Stats. 2020, Ch. 16, Sec. 6. (AB 84) Effective June 29, 2020.) - 20825.12. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 9. Employer Contributions [20790 - 20842] ( Chapter 9 added by Stats. 1995, Ch. 379, Sec. 2. )
The Legislature appropriates $243 million from the General Fund for the stated retirement-fund purposes, and the Department of Finance must give the Controller a transfer schedule.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 9. Employer Contributions [20790 - 20842] ( Chapter 9 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20825.12. (a) In addition to the appropriation required pursuant to Section 20814, the Legislature hereby appropriates two hundred forty-three million dollars ($243,000,000) from the General Fund, for the purposes described in subclause (IV) of clause (ii) of subparagraph (B) of paragraph (1) of subdivision (c) of Section 20 of Article XVI of the California Constitution, to supplement the state’s appropriation to the Public Employees’ Retirement Fund. The appropriation made by this section represents a portion of the amount identified in paragraph (3) of subdivision (d) of Section 35.50 of the Budget Act of 2020. The appropriation shall be consistent with the requirements of this section and the direction of the Department of Finance. The Department of Finance shall provide to the Controller a schedule establishing the timing of specific transfers to be used as described in subdivision (b). (b) The appropriation made in subdivision (a) shall be apportioned to the patrol member category and shall be applied to the state patrol member category’s unfunded liabilities that are in excess of base amounts for the 2020–21 fiscal year. (Amended by Stats. 2022, Ch. 67, Sec. 4. (SB 191) Effective June 30, 2022.) - 20825.13. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 9. Employer Contributions [20790 - 20842] ( Chapter 9 added by Stats. 1995, Ch. 379, Sec. 2. )
The Legislature appropriates $1.881 billion from the General Fund to supplement the Public Employees’ Retirement Fund, and the Department of Finance must give the Controller a transfer schedule.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 9. Employer Contributions [20790 - 20842] ( Chapter 9 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20825.13. (a) (1) In addition to the appropriation required pursuant to Section 20814, the Legislature hereby appropriates one billion eight hundred eighty-one million dollars ($1,881,000,000) from the General Fund, for the purposes described in subclause (IV) of clause (ii) of subparagraph (B) of paragraph (1) of subdivision (c) of Section 20 of Article XVI of the California Constitution to supplement the state’s appropriation to the Public Employees’ Retirement Fund. The appropriation made by this section represents a portion of the amount identified in paragraph (3) of subdivision (d) of Section 35.50 of the Budget Act of 2021. The appropriation shall be consistent with the requirements of this section and at the direction of the Department of Finance. The Department of Finance shall provide to the Controller a schedule establishing the timing of specific transfers to be used as described in subdivision (b). (2) The supplemental appropriation to the Public Employees’ Retirement Fund described in paragraph (1) shall be apportioned to the following state employee member categories, as directed by the Department of Finance, not to exceed the following amounts: (A) Eight hundred sixty-five million seventeen thousand dollars ($865,017,000) to the state miscellaneous member category. (B) Fifty million four hundred ninety-nine thousand dollars ($50,499,000) to the state industrial member category. (C) One hundred twelve million three hundred forty-six thousand dollars ($112,346,000) to the state safety member category. (D) Eight hundred fifty three million one hundred thirty-eight thousand dollars ($853,138,000) to the state peace officer/firefighter member category. (b) The appropriation made pursuant to paragraph (1) of subdivision (a) shall be applied to the unfunded state liabilities for the state employee member categories described in paragraph (2) of subdivision (a) that are in excess of the base amounts for the 2021–22 fiscal year. (Amended by Stats. 2022, Ch. 67, Sec. 5. (SB 191) Effective June 30, 2022.) - 20825.14. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 9. Employer Contributions [20790 - 20842] ( Chapter 9 added by Stats. 1995, Ch. 379, Sec. 2. )
The section appropriates $2.925 billion from the General Fund for a supplemental payment to the Public Employees’ Retirement Fund and requires the Department of Finance to give the Controller a transfer schedule.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 9. Employer Contributions [20790 - 20842] ( Chapter 9 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20825.14. (a) (1) In addition to the appropriation required pursuant to Section 20814, the Legislature hereby appropriates two billion nine hundred twenty-five million dollars ($2,925,000,000) from the General Fund, for the purposes described in subclause (IV) of clause (ii) of subparagraph (B) of paragraph (1) of subdivision (c) of Section 20 of Article XVI of the California Constitution to supplement the state’s appropriation to the Public Employees’ Retirement Fund. The appropriation made by this section represents a portion of the amount identified in paragraph (3) of subdivision (d) of Section 35.50 of the Budget Act of 2022. The appropriation shall be consistent with the requirements of this section and at the direction of the Department of Finance. The Department of Finance shall provide to the Controller a schedule establishing the timing of specific transfers to be used as described in subdivision (b). (2) The supplemental payment to the Public Employees’ Retirement Fund described in paragraph (1) shall be apportioned to the following state employee member categories, as directed by the Department of Finance, not to exceed the following amounts: (A) One billion three hundred thirty-three million nine hundred fifty-eight thousand dollars ($1,333,958,000) to the state miscellaneous member category. (B) Eighty-one million six hundred twelve thousand dollars ($81,612,000) to the state industrial member category. (C) One hundred seventy-one million three hundred ninety-two thousand dollars ($171,392,000) to the state safety member category. (D) One billion three hundred thirty-eight million thirty-eight thousand dollars ($1,338,038,000) to the state peace officer/firefighter member category. (b) The appropriation made in paragraph (1) of subdivision (a) shall be applied to the unfunded state liabilities for the state employee member categories described in paragraph (2) of subdivision (a) that are in excess of the base amounts for the 2022–23 fiscal year. (Amended by Stats. 2023, Ch. 131, Sec. 82. (AB 1754) Effective January 1, 2024.) - 20825.15. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 9. Employer Contributions [20790 - 20842] ( Chapter 9 added by Stats. 1995, Ch. 379, Sec. 2. )
This section appropriates $25 million for each of four fiscal years to be transferred to the Public Employees’ Retirement Fund and requires the Department of Finance to give the Controller a transfer schedule.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 9. Employer Contributions [20790 - 20842] ( Chapter 9 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20825.15. (a) In addition to the appropriation required pursuant to Section 20814, the Legislature hereby appropriates twenty-five million dollars ($25,000,000) from the Motor Vehicle Account for each of the 2019–20, 2020–21, 2021–22, and 2022–23 fiscal years to be transferred to the Public Employees’ Retirement Fund, consistent with the requirements of this section and at the direction of the Department of Finance. However, the payments in the 2021–22 and 2022–23 fiscal years shall be subject to the following conditions: (1) If the projected state revenues at the 2021–22 May Revision to the Governor’s Budget are insufficient to fully fund existing statutory and constitutional obligations, existing fiscal policy, and the costs of providing the aforementioned supplemental pension payments, as specified above, in the sole discretion of the Director of Finance, the twenty-five-million-dollar ($25,000,000) supplemental payment for the 2021–22 and 2022–23 fiscal years shall be deferred to the respective next fiscal years. (2) If the twenty-five-million-dollar ($25,000,000) supplemental payment in the 2021–22 fiscal year is made and projected state revenues at the 2022–23 May Revision to the Governor’s Budget are insufficient to fully fund existing statutory and constitutional obligations, existing fiscal policy, and the costs of providing the aforementioned supplemental pension payments, as specified above, in the sole discretion of the Director of Finance, the twenty-five-million-dollar ($25,000,000) supplemental payment for the 2022–23 fiscal year shall be deferred to the next fiscal year. (b) The Department of Finance shall provide the Controller a schedule establishing the timing of specific transfers to be used for these purposes. (c) The supplemental payment to the Public Employees’ Retirement Fund described in subdivision (a) shall be apportioned to the state patrol member plan, and applied to the unfunded liabilities for the state patrol member plan. (Amended by Stats. 2020, Ch. 370, Sec. 152. (SB 1371) Effective January 1, 2021.) - 20825.16. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 9. Employer Contributions [20790 - 20842] ( Chapter 9 added by Stats. 1995, Ch. 379, Sec. 2. )
This section appropriates $1.657 billion from the General Fund for a supplemental payment to the Public Employees’ Retirement Fund and requires the Department of Finance to give the Controller a transfer schedule.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 9. Employer Contributions [20790 - 20842] ( Chapter 9 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20825.16. (a) (1) In addition to the appropriation required pursuant to Section 20814, the Legislature hereby appropriates one billion six hundred fifty-seven million dollars ($1,657,000,000) from the General Fund, for the purposes described in subclause (IV) of clause (ii) of subparagraph (B) of paragraph (1) of subdivision (c) of Section 20 of Article XVI of the California Constitution to supplement the state’s appropriation to the Public Employees’ Retirement Fund. The appropriation made by this section represents a portion of the amount identified in paragraph (3) of subdivision (d) of Section 35.50 of the Budget Act of 2023. The appropriation shall be consistent with the requirements of this section and at the direction of the Department of Finance. The Department of Finance shall provide to the Controller a schedule establishing the timing of specific transfers to be used as described in subdivision (b). (2) The supplemental payment to the Public Employees’ Retirement Fund described in paragraph (1) shall be apportioned to the following state employee member categories, as directed by the Department of Finance, not to exceed the following amounts: (A) Seven hundred sixty-nine million six hundred twenty thousand dollars ($769,620,000) to the state miscellaneous member category. (B) Forty-four million five hundred thousand dollars ($44,500,000) to the state industrial member category. (C) Ninety-nine million nine hundred twenty-four thousand dollars ($99,924,000) to the state safety member category. (D) Seven hundred forty-two million nine hundred fifty-six thousand dollars ($742,956,000) to the state peace officer/firefighter member category. (b) The appropriation made in paragraph (1) of subdivision (a) shall be applied to the unfunded state liabilities for the state employee member categories described in paragraph (2) of subdivision (a) that are in excess of the base amounts for the 2023–24 fiscal year. (Added by Stats. 2023, Ch. 39, Sec. 18. (AB 130) Effective July 10, 2023.) - 20825.17. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 9. Employer Contributions [20790 - 20842] ( Chapter 9 added by Stats. 1995, Ch. 379, Sec. 2. )
The Legislature appropriates $337 million from the General Fund for a supplemental payment to the Public Employees’ Retirement Fund, and the Department of Finance must provide the Controller a transfer schedule.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 9. Employer Contributions [20790 - 20842] ( Chapter 9 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20825.17. (a) (1) In addition to the appropriation required pursuant to Section 20814, the Legislature hereby appropriates three hundred thirty-seven million dollars ($337,000,000) from the General Fund, for the purposes described in subclause (IV) of clause (ii) of subparagraph (B) of paragraph (1) of subdivision (c) of Section 20 of Article XVI of the California Constitution to supplement the state’s appropriation to the Public Employees’ Retirement Fund. The appropriation made by this section represents a portion of the amount identified in paragraph (3) of subdivision (d) of Section 35.50 of the Budget Act of 2024. The appropriation shall be consistent with the requirements of this section and at the direction of the Department of Finance. The Department of Finance shall provide to the Controller a schedule establishing the timing of specific transfers to be used as described in subdivision (b). (2) The supplemental payment to the Public Employees’ Retirement Fund described in paragraph (1) shall be apportioned to the following state employee member categories, as directed by the Department of Finance, not to exceed the following amounts: (A) One hundred eighty million ninety-eight thousand dollars ($180,098,000) to the state miscellaneous member category. (B) Nine million one hundred twenty-five thousand dollars ($9,125,000) to the state industrial member category. (C) Twenty-one million one hundred sixty-seven thousand dollars ($21,167,000) to the state safety member category. (D) One hundred twenty-six million six hundred ten thousand dollars ($126,610,000) to the state peace officer/firefighter member category. (b) The appropriation made in paragraph (1) of subdivision (a) shall be applied to the unfunded state liabilities for the state employee member categories described in paragraph (2) of subdivision (a) that are in excess of the base amounts for the 2024–25 fiscal year. (Added by Stats. 2024, Ch. 52, Sec. 18. (AB 171) Effective July 2, 2024.) - 20825.18. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 9. Employer Contributions [20790 - 20842] ( Chapter 9 added by Stats. 1995, Ch. 379, Sec. 2. )
The Legislature appropriates $584 million from the General Fund for a retirement fund supplement, and the Department of Finance must give the Controller a transfer schedule.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 9. Employer Contributions [20790 - 20842] ( Chapter 9 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20825.18. (a) (1) In addition to the appropriation required pursuant to Section 20814, the Legislature hereby appropriates five hundred eighty-four million dollars ($584,000,000) from the General Fund, for the purposes described in subclause (IV) of clause (ii) of subparagraph (B) of paragraph (1) of subdivision (c) of Section 20 of Article XVI of the California Constitution to supplement the state’s appropriation to the Public Employees’ Retirement Fund. The appropriation made by this section represents a portion of the amount identified in paragraph (3) of subdivision (d) of Section 35.50 of the Budget Act of 2025. The appropriation shall be consistent with the requirements of this section and at the direction of the Department of Finance. The Department of Finance shall provide to the Controller a schedule establishing the timing of specific transfers to be used as described in subdivision (b). (2) The supplemental payment to the Public Employees’ Retirement Fund described in paragraph (1) shall be apportioned to the following state employee member categories, as directed by the Department of Finance, not to exceed the following amounts: (A) Two hundred seventy-three million nine hundred eighty-three thousand dollars ($273,983,000) to the state miscellaneous member category. (B) Sixteen million one hundred sixty-four thousand dollars ($16,164,000) to the state industrial member category. (C) Thirty-two million one hundred fifty thousand dollars ($32,150,000) to the state safety member category. (D) Two hundred sixty-one million seven hundred three thousand dollars ($261,703,000) to the state peace officer/firefighter member category. (b) The appropriation made in paragraph (1) of subdivision (a) shall be applied to the unfunded state liabilities for the state employee member categories described in paragraph (2) of subdivision (a) that are in excess of the base amounts for the 2025–26 fiscal year. (Added by Stats. 2025, Ch. 23, Sec. 2. (SB 129) Effective June 30, 2025.) - 20825.19. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 9. Employer Contributions [20790 - 20842] ( Chapter 9 added by Stats. 1995, Ch. 379, Sec. 2. )
The Legislature appropriates $372 million from the General Fund for retirement funding, and the Department of Finance must give the Controller a transfer schedule.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 9. Employer Contributions [20790 - 20842] ( Chapter 9 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20825.19. (a) (1) In addition to the appropriation required pursuant to Section 20814, the Legislature hereby appropriates three hundred seventy-two million dollars ($372,000,000) from the General Fund, for the purposes described in subclause (IV) of clause (ii) of subparagraph (B) of paragraph (1) of subdivision (c) of Section 20 of Article XVI of the California Constitution to supplement the state’s appropriation to the Public Employees’ Retirement Fund. The appropriation made by this section represents a portion of the amount identified in paragraph (3) of subdivision (d) of Section 35.50 of the Budget Act of 2025. The appropriation shall be consistent with the requirements of this section and at the direction of the Department of Finance. The Department of Finance shall provide to the Controller a schedule establishing the timing of specific transfers to be used as described in subdivision (b). (2) The supplemental payment to the Public Employees’ Retirement Fund described in paragraph (1) shall be apportioned to the following state employee member categories, as directed by the Department of Finance, not to exceed the following amounts: (A) One hundred seventy-four million five hundred twenty-three thousand dollars ($174,523,000) to the state miscellaneous member category. (B) Ten million two hundred ninety-six thousand dollars ($10,296,000) to the state industrial member category. (C) Twenty million four hundred seventy-nine thousand dollars ($20,479,000) to the state safety member category. (D) One hundred sixty-six million seven hundred two thousand dollars ($166,702,000) to the state peace officer/firefighter member category. (b) The appropriation made in paragraph (1) of subdivision (a) shall be applied to the unfunded state liabilities for the state employee member categories described in paragraph (2) of subdivision (a) that are in excess of the base amounts for the 2025–26 fiscal year. (Added by Stats. 2025, Ch. 110, Sec. 3. (SB 156) Effective September 17, 2025.) - 20825.2. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 9. Employer Contributions [20790 - 20842] ( Chapter 9 added by Stats. 1995, Ch. 379, Sec. 2. )
The section appropriates $904 million from the General Fund for transfer to the Public Employees’ Retirement Fund and requires the Department of Finance to schedule the transfers.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 9. Employer Contributions [20790 - 20842] ( Chapter 9 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20825.2. The Legislature hereby appropriates nine hundred four million dollars ($904,000,000) from the General Fund for the 2018–19 fiscal year to be transferred to the Public Employees’ Retirement Fund, consistent with the requirements of this section and at the direction of the Department of Finance. The Department of Finance shall provide the Controller a schedule establishing the timing of specific transfers to be used for these payments. The payment to the Public Employees’ Retirement Fund shall be apportioned as follows: (a) One hundred forty four million dollars ($144,000,000) to pay in advance, on behalf of school employers, part of the contributions required by school employers pursuant to this part for the 2019–20 fiscal year. (b) Four hundred thirty million dollars ($430,000,000) to pay in advance, on behalf of school employers, part of the contributions required from school employers pursuant to this part for the 2020–21 fiscal year. (c) Three hundred thirty million dollars ($330,000,000) to pay in advance, on behalf of school employers, part of the contributions required from school employers pursuant to this part for the 2021–22 fiscal year. (d) Any payments made pursuant to this section shall not discharge the school employers for any remaining amounts due and payable pursuant to this part. (Amended by Stats. 2020, Ch. 16, Sec. 8. (AB 84) Effective June 29, 2020.) - 20826. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 9. Employer Contributions [20790 - 20842] ( Chapter 9 added by Stats. 1995, Ch. 379, Sec. 2. )
The board must certify quarterly compensation amounts to the Controller, and the Controller must transfer the state’s contribution from each fund to the retirement fund.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 9. Employer Contributions [20790 - 20842] ( Chapter 9 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20826. The board shall certify to the Controller at the end of each quarter the total amount of compensation in respect to which state contributions are payable from the General Fund and each other fund in the State Treasury, and the Controller shall transfer the state’s contribution from each fund, respectively, to the retirement fund. Compensation shall be included in the certification at the end of the month in which the member’s contributions based upon it are paid. (Amended by Stats. 2003, Ch. 10, Sec. 19. Effective May 14, 2003.) - 20827. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 9. Employer Contributions [20790 - 20842] ( Chapter 9 added by Stats. 1995, Ch. 379, Sec. 2. )
The board must apply state and employer contributions each fiscal year in a set order to cover specified retirement system obligations for miscellaneous 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 9. Employer Contributions [20790 - 20842] ( Chapter 9 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20827. The contributions of the state and all employers, as defined in Section 20790, with respect to miscellaneous members shall be applied by the board during each fiscal year to collectively meet the obligations with respect to miscellaneous members under this system as follows: (a) First, in an amount equal to the liabilities accruing (1) because of state service of members for which normal contributions have been made, (2) on account of current service pensions and disability retirement pensions, and (3) the portion of death allowance provided from state and employer contributions. The amount shall be determined by the most recent actuarial valuation as interpreted by the actuary. (b) Second, in an amount equal to the payments of death benefits made from state and employer contributions during the fiscal year for deaths not qualifying for death allowances. (c) Third, the balance of the contributions, on the liabilities accrued on account of prior service pensions. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.) - 20828. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 9. Employer Contributions [20790 - 20842] ( Chapter 9 added by Stats. 1995, Ch. 379, Sec. 2. )
The board must apply school employers’ contributions each fiscal year to cover the system’s collective obligations for school 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 9. Employer Contributions [20790 - 20842] ( Chapter 9 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20828. The contributions of all school employers with respect to school members shall be applied by the board during each fiscal year to meet the obligations of all school employers collectively with respect to school members under this system as follows: (a) First, in an amount equal to the liabilities accruing (1) because of state service of members for which normal contributions have been made, (2) on account of current service pensions and disability retirement pensions, and (3) the portion of death allowances provided from employer contributions. The amount shall be determined by the most recent actuarial valuation as interpreted by the actuary. (b) Second, in an amount equal to the payments of death benefits made from employer contributions during the fiscal year for deaths not qualifying for death allowances. (c) Third, the balance of the contributions, on the liabilities accrued on account of prior service pensions. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.) - 20829. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 9. Employer Contributions [20790 - 20842] ( Chapter 9 added by Stats. 1995, Ch. 379, Sec. 2. )
A state fund may be reimbursed by transfers from other funds controlled by the same disbursing officer, and the disbursing officer must certify the transfer details to the Controller, who must carry out the transfer.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 9. Employer Contributions [20790 - 20842] ( Chapter 9 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20829. Any state fund out of which payments are made under this chapter may be reimbursed to the extent of the payments by transfer of a sufficient sum from other funds under the control of the same disbursing officer. The disbursing officer shall certify to the Controller the amounts to be transferred, the funds from and to which the transfer is to be made, and the Controller shall make the transfer as directed in the certificate. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.) - 20830. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 9. Employer Contributions [20790 - 20842] ( Chapter 9 added by Stats. 1995, Ch. 379, Sec. 2. )
The state must treat all payments required by this chapter to the retirement fund as continuing obligations.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 9. Employer Contributions [20790 - 20842] ( Chapter 9 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20830. All payments required by this chapter to be made by the state to the retirement fund, are continuing obligations of the state. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.) - 20831. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 9. Employer Contributions [20790 - 20842] ( Chapter 9 added by Stats. 1995, Ch. 379, Sec. 2. )
The state, school employers, and contracting agencies must pay the required employer contributions and cannot refuse or fail to pay 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 9. Employer Contributions [20790 - 20842] ( Chapter 9 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20831. Notwithstanding any other provision of law, neither the state, any school employer, nor any contracting agency shall fail or refuse to pay the employers’ contribution required by this chapter or to pay the employers’ contributions required by this chapter within the applicable time limitations. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.) - 20831.1. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 9. Employer Contributions [20790 - 20842] ( Chapter 9 added by Stats. 1995, Ch. 379, Sec. 2. )
A school employer that fails to report required compensation earnable on time must pay $500 per member as an administrative reimbursement.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 9. Employer Contributions [20790 - 20842] ( Chapter 9 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20831.1. Any school employer that fails or refuses to report an employee’s compensation earnable required by this chapter within the applicable time limitations shall be required to pay administrative costs of five hundred dollars ($500) per member as a reimbursement to this system’s current year budget. (Added by Stats. 2000, Ch. 1030, Sec. 6. Effective January 1, 2001.) - 20831.2. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 9. Employer Contributions [20790 - 20842] ( Chapter 9 added by Stats. 1995, Ch. 379, Sec. 2. )
If an employer misses the required withholding and submission of employee normal contributions on time, the employer must notify the system and must not take action until the system authorizes 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 9. Employer Contributions [20790 - 20842] ( Chapter 9 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20831.2. Any employer that fails to withhold and submit an employee’s normal contributions required by this chapter within the applicable time limitations shall notify the system and shall take no action until authorized by the system. (Added by Stats. 2009, Ch. 130, Sec. 23. (AB 966) Effective January 1, 2010.) - 20832. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 9. Employer Contributions [20790 - 20842] ( Chapter 9 added by Stats. 1995, Ch. 379, Sec. 2. )
Certain contributions tied to this retirement system must be held for the benefit of specified 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 9. Employer Contributions [20790 - 20842] ( Chapter 9 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20832. Accumulated contributions other than contributions for prior service credited to or held as of June 21, 1971, as having been made by a contracting agency to the extent subject to Section 20506, with respect to miscellaneous members, and all contributions thereafter made by an employer pursuant to this chapter, other than contributions pursuant to Section 20806, with respect to those members shall be held for the benefit of all the members of this system who are now or hereafter credited with service rendered as employees of those employers, and for beneficiaries of this system who are now or hereafter entitled to receive benefits on account of that service. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.) - 20833. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 9. Employer Contributions [20790 - 20842] ( Chapter 9 added by Stats. 1995, Ch. 379, Sec. 2. )
State contributions for state miscellaneous members must be held only for the benefit of those members, certain retired employees, and their 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 9. Employer Contributions [20790 - 20842] ( Chapter 9 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20833. Contributions of the state with respect to state miscellaneous members shall be held exclusively for the benefit of state miscellaneous members, retired employees who were state miscellaneous members and beneficiaries of those members and retired employees. (Amended by Stats. 1996, Ch. 906, Sec. 103. Effective January 1, 1997.) - 20834. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 9. Employer Contributions [20790 - 20842] ( Chapter 9 added by Stats. 1995, Ch. 379, Sec. 2. )
Some contracting agencies must make contributions under Chapter 5 if they are not employers or stop being employers under this chapter.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 9. Employer Contributions [20790 - 20842] ( Chapter 9 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20834. A contracting agency that is not an employer or that ceases to be an employer for purposes of this chapter shall thereafter make contributions as otherwise provided in Chapter 5 (commencing with Section 20460). Except as provided in Section 20578, if a contracting agency ceases to be an employer for purposes of this section, its contributions thereafter and the accumulated contributions credited to or held as having been made by the agency adjusted by addition of all contributions thereafter made by the employer and subtraction of amounts paid thereafter to or on account of employees of the contracting agency shall be held, on and after the date upon which the contracting agency ceases to be an employer, exclusively for the benefit of its employees, retired employees and beneficiaries of the employees and retired employees. A contracting agency shall not be an employer for purposes of this section, if the board determines that the agency has no active employees eligible for coverage under this section. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.) - 20835. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 9. Employer Contributions [20790 - 20842] ( Chapter 9 added by Stats. 1995, Ch. 379, Sec. 2. )
Certain public agencies that become contracting agencies, or amend their contracts to add specified benefits, are not employers for Section 20834, and their contributions must be kept only for the benefit of employees, retired employees, and their 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 9. Employer Contributions [20790 - 20842] ( Chapter 9 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20835. A public agency which becomes a contracting agency on or after January 1, 1977, or which amends its contract to include the benefits provided in Sections 21624 and 21626, shall not be an employer for purpose of Section 20834, and all contributions of the contracting agency shall be held exclusively for the benefit of its employees, its retired employees, and beneficiaries of those employees and retired employees. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.) - 20836. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 9. Employer Contributions [20790 - 20842] ( Chapter 9 added by Stats. 1995, Ch. 379, Sec. 2. )
A contracting agency described in Section 20834 must increase its contribution for miscellaneous members by 0.08% of the compensation paid to those 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 9. Employer Contributions [20790 - 20842] ( Chapter 9 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20836. The contribution of a contracting agency described in Section 20834 in respect to miscellaneous members is increased by a sum equal to 0.08 percent of the compensation paid to those members by the employer. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.) - 20840. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 9. Employer Contributions [20790 - 20842] ( Chapter 9 added by Stats. 1995, Ch. 379, Sec. 2. )
The board may manage risk pools, and it must set regulatory criteria for participation and cessation. Certain public agencies may participate only if the risk pool’s retirement formula is higher than the school-member formula, and agencies with more than 100 active members in a classification cannot be required to join a pool.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 9. Employer Contributions [20790 - 20842] ( Chapter 9 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20840. (a) Notwithstanding Sections 20616, 20618, and 20815, the board may create, combine or eliminate risk pools for local miscellaneous members and local safety members. (b) The board shall establish, by regulation, the criteria under which contracting agencies shall participate in a risk pool and the criteria under which contracting agencies, county offices of education, school districts, and community college districts may participate in a risk pool. The criteria shall specify that county offices of education, school districts, and community college districts may only participate in a risk pool if the retirement formula of the risk pool is higher than the retirement formula applicable to school members. In determining the criteria, the board shall consider the expected variability of the employer contribution rate due to demographic events. In no event shall contracting agencies with more than 100 active members in a member classification be required to commence participation in a risk pool for members in that member classification. For the purpose of this subdivision an active member is a member who is an employee of the contracting agency. (c) If a contracting agency, county office of education, school district, or community college district participates in a risk pool, the assets and liabilities with respect to the affected member classification shall be combined with those of the risk pool. (d) The board shall establish, by regulation, the circumstances under which a contracting agency may cease participation in a risk pool for a member classification. (e) All of the following provisions shall apply, without election by the contracting agency participating in a risk pool, to local members included in a risk pool: (1) Sections 20965, 21022, 21026, 21037, 21536, and 21548. (2) Provisions to elect to receive credit for public service pursuant to Article 5 (commencing with Section 21020) of Chapter 11 that require the member to make the contributions as specified in Sections 21050 and 21052. (Added by Stats. 2002, Ch. 1133, Sec. 8. Effective January 1, 2003.) - 20841. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 9. Employer Contributions [20790 - 20842] ( Chapter 9 added by Stats. 1995, Ch. 379, Sec. 2. )
For certain education and public agency employers in a risk pool, the actuary determines the employer contribution rate, and the rate may also consider differences in benefits provided by each employer.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 9. Employer Contributions [20790 - 20842] ( Chapter 9 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20841. (a) The employer contribution rate for a contracting agency, county office of education, school district, or community college district participating in a risk pool shall be determined by the actuary, taking into account the difference between the assets and liabilities that were brought into the risk pool with respect to the affected member classifications. (b) The employer contribution rate for a contracting agency, county office of education, school district, or community college district participating in a risk pool may take into account the differences in the benefits provided by each employer to its members in the classification included in the risk pool. (c) If a county office of education, school district, or community college district participates in a risk pool pursuant to this section and pays a contribution rate that differs from the rate established for school employers participating in a single account with respect to school members pursuant to subdivision (b) of Section 20225, the actual rate of employer contributions made to the Public Employees’ Retirement System, for purposes of Section 42238.12 of the Education Code, shall be deemed to be the contributions that the county office of education or the district would have paid had the county office of education or the district participated in a single account for school members pursuant to subdivision (b) of Section 20225. (Added by Stats. 2002, Ch. 1133, Sec. 9. Effective January 1, 2003.) - 20842. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 9. Employer Contributions [20790 - 20842] ( Chapter 9 added by Stats. 1995, Ch. 379, Sec. 2. )
The board must, within six months after a new option becomes available to contracting agencies, notify participating contracting agencies, add the option to at least one applicable risk pool for each member category, and notify agencies of their options if they do not offer the option to employees.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 9. Employer Contributions [20790 - 20842] ( Chapter 9 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20842. Within six months after the effective date of any new option available to contracting agencies, the board shall (a) notify all contracting agencies participating in risk pools of the availability and approximate cost of the new option, (b) include the new option in at least one of the risk pools applicable to each member category to which the new option may apply, and (c) notify the contracting agencies of their options if they are participating in a risk pool to which the new option is added and choose not to offer the new option to their employees. (Added by Stats. 2002, Ch. 1133, Sec. 10. Effective January 1, 2003.) - 20890. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20890 - 20910] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )
Past local miscellaneous service must be converted to local safety service when the statute’s listed conditions are met.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20890 - 20910] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20890. Past local miscellaneous service shall be converted to local safety service if the past service: (a) Was rendered by a current employee of the same agency for which the miscellaneous service was performed; and (b) Was rendered in a position that has subsequently been reclassified as a local safety position; and (c) Is credited to an employee who has other local safety service credit for service performed with the agency. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.) - 20890.1. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20890 - 20910] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )
Past county peace officer service must be converted to local sheriff service when the listed conditions are met.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20890 - 20910] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20890.1. Past county peace officer service shall be converted to local sheriff service if all of the following apply to the past service: (a) It was rendered in a position that has subsequently been reclassified as a local sheriff position according to the provisions of Section 20432, 20432.5, or 20432.6. (b) It was rendered by a current employee of the same agency for which the county peace officer service was performed. (c) It is credited to an employee who has other local sheriff service credit for service performed with the agency. (Amended by Stats. 2006, Ch. 118, Sec. 5. Effective January 1, 2007.) - 20890.2. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20890 - 20910] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )
Certain past miscellaneous service by California Highway Patrol employees must be converted to patrol member service if the stated conditions are met. The department must also notify the board about eligible 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 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20890 - 20910] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20890.2. (a) Past miscellaneous service performed as an employee of the Department of the California Highway Patrol while a student at the department’s training school established pursuant to Section 2262 of the Vehicle Code shall be converted to patrol member service if all of the following apply: (1) The service was rendered by a current employee of the Department of the California Highway Patrol. (2) The service is credited to an employee who has patrol member service credit for service performed with the Department of the California Highway Patrol. (3) The member failed to file a written election to retain the service as miscellaneous service within 90 days of notification by the board. (b) The Department of the California Highway Patrol shall notify the board, in the manner established by the board, of any employee who is eligible for conversion of service pursuant to this section. (Amended by Stats. 2003, Ch. 519, Sec. 15. Effective January 1, 2004.) - 20891. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20890 - 20910] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )
Certain reclassified or newly classified retirement-system members are exempt from specified sections unless they choose to make required retirement-fund deposits.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20890 - 20910] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20891. Section 20066 and subdivisions (a) and (b) of Section 20068 shall not apply to a state miscellaneous or state industrial member subject to Section 21076, 21076.5, or 21077 who becomes a patrol member, a state safety member, or a state peace officer/firefighter member as a result of an amendment to this part defining those members, or is reclassified as a state peace officer/firefighter member pursuant to Section 20395 or 20398, unless the member elects to: (a) deposit in the retirement fund an amount equal to any accumulated contributions that he or she withdrew pursuant to Section 20737, plus an amount equal to the interest which would have been credited to his or her account, to the date of completion of payments, had those contributions not been withdrawn; and (b) deposit in the retirement fund the amount that he or she would have contributed had he or she not been subject to subdivision (c) of Section 20677, plus an amount equal to the interest, to the date of completion of payments, which would have been credited to those contributions had he or she been subject to subdivision (a) or (b) of Section 20677. (Amended by Stats. 2013, Ch. 526, Sec. 12. (SB 220) Effective January 1, 2014.) - 20892. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20890 - 20910] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )
Service performed by a member in two or more school districts with governing boards made up of the same persons is treated as service in one school district.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20890 - 20910] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20892. Service by a member in two or more school districts having governing boards composed of the same persons, shall be considered as though the service were rendered in one school district. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.) - 20893. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20890 - 20910] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )
If someone works at the same time for more than one contracting agency, or for the state and one or more contracting agencies, their status under the system is treated the same as if they worked for more than one state 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 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20890 - 20910] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20893. If a person is employed concurrently by more than one contracting agency or the state and one or more contracting agencies, his or her status under this system is the same as if he or she were employed in more than one state agency. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.) - 20894. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20890 - 20910] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )
A person may not get credit for the same service in two public-fund-supported 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 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20890 - 20910] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20894. (a) A person shall not receive credit for the same service in two retirement systems supported wholly or in part by public funds under any circumstance. (b) Nothing in this section shall preclude concurrent participation and credit for service in a public retirement system and in a deferred compensation plan established pursuant to Chapter 4 (commencing with Section 19993) or Chapter 8.6 (commencing with Section 19999.3) of Part 2.6 or pursuant to Article 1.1 (commencing with Section 53212) of Chapter 2 of Part 1 of Division 2 of Title 5, a tax-deferred retirement plan that meets the requirements of Section 40l(k) of Title 26 of the United States Code, or a money purchase pension plan and trust that meets the requirements of Section 401(a) of Title 26 of the United States Code. (c) Nothing in this section shall preclude concurrent participation and credit for service in the defined benefit plan provided under this part and in a supplemental defined benefit plan maintained by the employer that meets the requirements of Section 401(a) of Title 26 of the United States Code, provided all of the following conditions exist: (1) The defined benefit plan provided under this part has been designated as the employer’s primary plan for the person. (2) The supplemental defined benefit plan has received a ruling from the Internal Revenue Service stating that the plan qualifies under Section 401(a) of Title 26 of the United States Code, and has furnished proof thereof to the employer and, upon request, to the board. (3) The person’s participation in the supplemental defined benefit plan does not, in any way, interfere with the person’s rights to membership in the defined benefit plan, or any benefit provided, under this part. (d) For purposes of this section only, a person who elects to purchase service as described in Section 21029.5 for his or her service with the California National Guard is deemed not to receive credit for the same service in two retirement systems supported wholly or in part by public funds. (Amended by Stats. 2007, Ch. 355, Sec. 15. Effective January 1, 2008.) - 20895. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20890 - 20910] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )
This section applies certain retirement-system rights and limits to covered members only when specified timing and employment conditions are met, and only after the Regents of the University of California agree to provide similar 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 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20890 - 20910] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20895. 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 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 maintained by the university, provided that the member entered this system on or after October 1, 1963, and within 90 days of discontinuance of employment as a member of a retirement system maintained by the university, or he or she entered into employment as a member of any system maintained by the university on or after October 1, 1963, and within 90 days of discontinuance of employment as a member of this system; provided, further, that this section shall have no application whatsoever until the Regents of the University of California agree to provide similar benefits under any university system under like conditions. This section shall supersede any provision contained in Section 20037 that is in conflict with this section, with respect to any person who enters university employment or employment in which he or she is a member of this system, on or after October 1, 1963. (Amended by Stats. 1996, Ch. 906, Sec. 106. Effective January 1, 1997.) - 20896. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20890 - 20910] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )
Some members receiving military retirement pay for 20 or more years of active duty are treated as having retirement-system credit for all armed forces 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 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20890 - 20910] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20896. A member who is receiving military retirement pay based on 20 or more years of active duty with the armed forces shall be deemed to have received credit in a publicly supported retirement system for all service performed with the armed forces. Credit toward military retirement pay that is earned by a combination of active duty and nonactive duty with a reserve component of the armed forces and where the retirement pay is payable only upon the attainment of a specified age shall not be deemed credit in a publicly supported retirement system. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.) - 20897. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20890 - 20910] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )
This section treats certain armed-forces disability retirement pay as military retirement pay based on active duty, and excludes some Veterans’ Administration disability compensation cases from that treatment.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20890 - 20910] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20897. A member who is receiving disability retirement pay that is paid by one of the armed forces shall be deemed to be receiving military retirement pay based on active duty, regardless of the number of years of active duty served. A member who is receiving disability compensation from the Veterans’ Administration and is not receiving retirement pay from one of the armed forces shall not be considered to be receiving military retirement pay. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.) - 20898. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20890 - 20910] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )
When calculating a member’s service credit under this part, compensated time off for holidays, sick leave, vacation, or leave of absence must be counted.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20890 - 20910] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20898. In computing the service with which a member is entitled to be credited under this part, time during which the member is excused from working because of holidays, sick leave, vacation, or leave of absence, with compensation, shall be included. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.) - 20899. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20890 - 20910] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )
Service credit for an elective officer must be counted as one year of service for each year in office, and the person is treated as full-time for purposes of 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 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20890 - 20910] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20899. In computing the amount of service to be credited to a member who is entitled to credit under this part for service as an elective officer, a year of service shall be credited for each year of tenure in the office. A person serving in the office shall be deemed to be serving on a full-time rather than a part-time basis for all purposes of this part. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.) - 20899.5. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20890 - 20910] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )
An elective officer of a city, county, or city and county contracting agency must not receive prohibited service credit, but may purchase service credit under Section 20909.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20890 - 20910] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20899.5. (a) An elective officer of a contracting agency that is a city, county, or city and county shall not receive credit for service or contributions for credit for service in violation of the prohibitions provided in Section 23007.5, 34095, or 50033. (b) Nothing in this section shall prohibit an elective officer from purchasing service credit pursuant to Section 20909. (Added by Stats. 2006, Ch. 355, Sec. 1. Effective January 1, 2007.) - 20900. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20890 - 20910] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )
A qualifying part-time member can get full-time service credit and related benefits if both the member and employer contribute the full-time amount; the employer must keep separate records, and district personnel must verify eligibility before workload reduction.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20890 - 20910] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20900. (a) Notwithstanding any other provision of this part, a member employed on a part-time basis on and after January 1, 1976, shall, for the period of part-time employment, receive the credit the member would receive if he or she was employed on a full-time basis and have his or her retirement allowance, as well as any other benefits the member is entitled to under this part, based upon the salary that he or she would have received if employed on a full-time basis, if the member and his or her employer both elect to contribute to the retirement fund the amount that would have been contributed if the member was employed on a full-time basis. Prior to the reduction of an employee’s workload under this section, the district personnel responsible for the administration of this program, in conjunction with the administrative staff of the State Teachers’ Retirement System and this system, shall verify the eligibility of the applicant for the reduced workload program. This section shall be applicable only to a member who meets the following criteria: (1) The member is one of the following: (A) An academic employee of the California State University. (B) A certificated employee of a school district. (C) An academic employee of a community college district. (2) The member meets the criteria provided in Sections 44922 and 87483 of the Education Code or Section 89516 of the Education Code. (3) The member is not older than 70 years of age and is limited to a period of five years of part-time status. (b) The employer shall maintain the necessary records to separately identify each employee receiving credit pursuant to this section. (Amended by Stats. 2016, Ch. 415, Sec. 29. (AB 2375) Effective January 1, 2017.) - 20901. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20890 - 20910] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )
This section lets certain state members get two extra years of service credit if the Governor issues an executive order and the listed conditions are met.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20890 - 20910] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20901. (a) Notwithstanding any other provisions of this part, if the Governor, by executive order, determines that because of an impending curtailment of, or change in the manner of, performing service, the best interests of the state would be served by encouraging the retirement of state employees, and that sufficient economies could be realized to offset any cost to state agencies resulting from this section, an additional two years of service shall be credited to state members, other than school members, if the following conditions exist: (1) The member meets the service requirements of Section 21060 or 21074 and retires during a period not to exceed 120 days or less than 60 days commencing no sooner than the date of issuance of the Governor’s executive order which shall specify the period. For purposes of this paragraph, the service requirements of Sections 21060 and 21074 shall not include service as a National Guard member or service purchased pursuant to Section 21029.5. (2) The appointing power, as defined in Section 18524, or the Regents of the University of California or the Trustees of the California State University, transmits to the retirement fund an amount determined by the board that is equal to the actuarial equivalent of the difference between the allowance the member receives after the receipt of service credit under this section and the amount the member would have received without that service credit. The transfer to the retirement fund shall be made in a manner and time period acceptable to the employer and the board. (3) The appointing power or the regents or the trustees determines that it is electing to exercise the provisions of this section, pursuant to the Governor’s order, and certifies to the Department of Finance and to the Legislative Analyst’s Office, as to the specific economies that will be realized were the additional service credit towards retirement granted. (b) As used in this section, “member” means a state employee who is employed in a job classification, department, or other organizational unit designated by the appointing power, as defined in Section 18524, the Regents of the University of California, or the Trustees of the California State University. (c) The amount of service credit shall be two years regardless of credited service, but shall not exceed the number of years intervening between the date of the member’s retirement and the date the member would be required to be retired because of age. The appointing power or the regents or the trustees shall make the payment with respect to all eligible employees who retired pursuant to this section. (d) Any member who qualifies under this section, upon subsequent reentry to this system shall forfeit the service credit acquired under this section. (e) This section shall not apply to any member otherwise eligible if the member receives any unemployment insurance payments arising out of employment with an employer subject to this part during a period extending one year beyond the date of issuance of the executive order or if the member is not eligible to retire without the additional credit available under this section. (f) (1) The benefit provided by this section shall not be applicable to the employees of any appointing power or the regents or the trustees until the Director of Finance approves the transmittal of funds by that appointing power or the regents or the trustees to the retirement fund pursuant to paragraph (3) of subdivision (a). (2) The Director of Finance shall approve the transmittal of funds by the appointing power or the regents or the trustees not sooner than 30 days after notification in writing of the necessity therefor to the chairperson of the committee in each house that considers appropriations and the Chairperson of the Joint Legislative Budget Committee, or not sooner than such lesser time as the chairperson of the committee, or his or her designee, may in each instance determine. If there is any written communication between the Director of Finance and the Legislative Analyst, a copy thereof shall be immediately transmitted to the chairperson of each appropriate policy committee. (Amended by Stats. 2007, Ch. 355, Sec. 16. Effective January 1, 2008.) - 20902. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20890 - 20910] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )
If the employer makes a formal determination and the listed conditions are met, eligible legislative employees get two additional years of service credit, and the employer must pay the retirement fund the required amount.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20890 - 20910] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20902. Notwithstanding any other provisions of this part, whenever the employer, by formal action, determines that because of an impending curtailment of, or change in the manner of, performing service, the best interests of the state would be served by encouraging the retirement of legislative employees, and that sufficient economies could be realized to offset any cost to the employer resulting from this section, an additional two years of service shall be credited to legislative employees who are members, pursuant to Section 20324, if the following conditions exist: (a) The member is credited with five or more years of service and retires during a period not to exceed 120 days or less than 60 days commencing no sooner than the operative date of the formal action of the employer that shall specify the period. (b) The employer transmits to the retirement fund an amount determined by the board that is equal to the actuarial equivalent of the difference between the allowance the member receives after the receipt of service credit under this section and the amount the member would have received without that service credit. The transfer to the retirement fund shall be made in a manner and time period acceptable to the employer and the board. The amount of service credit shall be two years regardless of credited service. Any member who qualifies under this section, upon subsequent reentry to this system shall forfeit the service credit acquired under this section. This section shall not be applicable to any member otherwise eligible if the member receives any unemployment insurance payments arising out of employment with an employer subject to this part during a period extending one year beyond the operative date of the formal action of the employer or if the member is not eligible to retire without the additional credit available under this section. As used in this section, “employer” means the Joint Rules Committee, the Joint Legislative Budget Committee, the Joint Legislative Audit Committee, the Senate Committee on Rules, and the Assembly Rules Committee, with respect to their respective employees. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.) - 20902.5. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20890 - 20910] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )
If the Chief Justice formally makes the required determination, eligible judicial branch state employees may receive two additional years of service credit, and the Administrative Office of the Courts must transfer the required amount to the retirement fund.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20890 - 20910] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20902.5. (a) Notwithstanding any other provision of this part, whenever the Chief Justice, by formal action, determines that because of an impending curtailment of, or change in the manner of performing, judicial branch services, the best interests of the state would be served by encouraging the retirement of judicial branch state employees from the Administrative Office of the Courts, the Supreme Court, the Courts of Appeal, or the Habeas Corpus Resource Center and that sufficient economies could be realized to offset any costs to the judicial branch resulting from this action, an additional two years of service shall be credited to the affected members, if both of the following conditions exist: (1) The member is credited with five or more years of service and retires during a period not to exceed 120 days or less than 60 days commencing no sooner than the operative date of the formal action of the Chief Justice that shall specify the period. (2) The Administrative Office of the Courts transmits to the retirement fund an amount determined by the board that is equal to the actuarial equivalent of the difference between the allowance the member receives after the receipt of service credit under this section and the amount the member would have received without that service credit. The transfer to the retirement fund shall be made in a manner and time period acceptable to the employer and the board with respect to all eligible members who retire during the specified period. (b) As used in this section, “member” means a state employee who is employed in an organizational unit of the judicial branch designated by the Chief Justice in the formal action crediting the additional service credit. (c) The amount of service credit shall be two years regardless of credited service. Any member who qualifies under this section shall, upon subsequent reentry to this system, forfeit the service credit acquired under this section. (d) This section is not applicable to any member otherwise eligible, if the member receives any unemployment insurance payments arising out of employment with an employer subject to this part during a period extending one year beyond the operative date of the formal action of the Chief Justice or if the member is not eligible to retire without the additional credit available under this section. (Amended by Stats. 2003, Ch. 62, Sec. 135. Effective January 1, 2004.) - 20903. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20890 - 20910] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )
This section lets eligible local members receive two years of additional service credit if the agency adopts the section and the member meets the listed timing and 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 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20890 - 20910] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20903. Notwithstanding any other provisions of this part, when the governing body of a contracting agency determines that because of an impending curtailment of, or change in the manner of performing service, the best interests of the agency would be served, a local member shall be eligible to receive additional service credit if the following conditions exist: (a) The member is employed in a job classification, department, or other organizational unit designated by the governing body of the contracting agency and retires within any period designated in and subsequent to the effective date of the contract amendment, or any additional period or periods designated in any subsequently adopted resolution of the governing body of the contracting agency, provided the period is not less than 90 days nor more than 180 days. (b) The governing body agrees that the added cost to the retirement fund for all eligible employees who retire during the specified period shall be included in the contracting agency’s employer contribution rate, as determined by Section 20814. (c) The governing body shall certify that it is electing to exercise the provisions of this section, because of impending mandatory transfers, demotions, and layoffs that constitute at least 1 percent of the job classification, department, or organizational unit as designated by the governing board, resulting from the curtailment of, or change in the manner of performing, its services. (d) The governing body shall certify that it is its intention at the time that this section is made operative that if any early retirements are granted after receipt of service credit pursuant to this section, that any vacancies thus created or at least one vacancy in any position in any department or other organizational unit shall remain permanently unfilled thereby resulting in an overall reduction in the workforce of the department or organizational unit. (e) The amount of additional service credit shall be two years regardless of credited service. (f) This section is not applicable to any member otherwise eligible if the member receives any unemployment insurance payments during the specified period. (g) Any member who qualifies under this section, upon subsequent reentry to this system shall forfeit the service credit acquired under this section. (h) This section does not apply to any member who is not employed by the contracting agency during the period designated in subdivision (a) and who has less than five years of service credit. (i) This section does not apply to any contracting agency unless and until the agency elects to be subject to the provision of this section by amendment to its contract made in the manner prescribed for approval of contracts, except an election among the employees is not required, or, in the case of contracts made after January 1, 2000, by express provision in the contract making the contracting agency subject to the provisions of this section. Before adopting this provision, the governing body of a contracting agency shall, with timely public notice, place the consideration of this section on the agenda of a public meeting of the governing body, at which time disclosure shall be made of the additional employer contributions, and the funding therefor, and members of the public shall be given the opportunity to be heard. The matter may not be placed on the agenda as a consent item. Only after the public meeting may the governing body adopt this section. The governing body shall also comply with the requirements of Section 7507. The employer shall notify the board of the employer’s compliance with this subdivision at the time of the governing body’s application to adopt this section. (j) The contracts of contracting agencies that adopted the provisions of former Section 20903, prior to the repeal of that section on January 1, 1999, shall remain in full force and effect in accordance with their terms and the terms of this section. Notwithstanding subdivision (i), those contracting agencies need not amend their contracts or otherwise comply with the requirements of subdivision (i) to be subject to this section. Without limiting the foregoing, eligibility periods under subdivision (a) of former Section 20903, designated by the governing body of a contracting agency by resolution pursuant to the terms of its contract or contract amendment, shall remain in effect in accordance with their terms as if designated pursuant to this section. (k) Notwithstanding Section 20790, an election to become subject to this section may not exclude an agency from the definition of “employer” for purposes of Section 20790. (Amended by Stats. 2003, Ch. 10, Sec. 20. Effective May 14, 2003.) - 20903.5. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20890 - 20910] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )
A governing body of a qualifying contracting agency may adopt a resolution to grant extra service credit to eligible employees, but only under stated conditions and time 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 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20890 - 20910] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20903.5. (a) Notwithstanding Section 20903 or any other provision of this part, for only the 1994–95, 1995–96, 1996–97, 1997–98, and 1998–99 fiscal years, when the governing body of a contracting agency, other than a school employer, determines that because of an impending curtailment of service, or change in the manner of performing service, the best interests of the agency would be served by encouraging the retirement of local members, the governing body may adopt a resolution to grant eligible employees additional service credit if the following conditions exist: (1) The member meets the age and service requirements of Section 21060, is credited with 10 or more years of service, and retires on service retirement on or before a date determined by the governing body that is within a period that is not more than 120 days after the governing body’s adoption of the resolution. (2) The governing body agrees to transmit to the retirement fund an amount determined by the board that is equal to the actuarial equivalent of the difference between the allowance the member receives after the receipt of service credit under this section and the amount the member would have received without that service credit and any administrative costs incurred by this system in a manner and time period acceptable to the governing body and the board. However, the payment period shall not exceed five years. If payment in full is not received within 30 days of the invoice, regular interest shall be charged on any unpaid balance. (b) (1) The resolution shall specify the categories of employees that are eligible to receive the additional service credit and the departments, programs and position classifications in which employee members would be eligible for the additional service credit. (2) The resolution shall specify the period of eligibility, and the amount of additional service in whole years. The amount of additional service credit shall not be more than four years and shall not be combined with any additional service credit granted under Section 20903. (c) (1) The governing body shall certify either that sufficient positions have been deleted whose total cost equals or exceeds the lump-sum actuarial cost of the additional service credit granted or that all positions vacated due to the additional service credit granted pursuant to this section shall remain vacant for at least five years and until the lump-sum actuarial cost of the additional service credit granted has been recaptured from position vacancy salary savings. (2) The governing body shall certify to the board the extent to which savings will exceed necessary payments to the board, the specific measures to be taken to assure that outcome, and that the agency has complied with Section 7507. The board may require the governing body to provide verification of its certification through independent review. (d) At the time the governing body has achieved savings that are more than adequate to meet necessary payments to the board, or five years after commencement of the retirement period specified in paragraph (1) of subdivision (a), whichever occurs first, the governing body shall certify to the board the amount of actual savings and the measures taken to achieve the savings. The governing body shall maintain records for each worker retiring pursuant to this section. The board may require the governing body to provide verification of its certification through independent review. The board shall report these certifications to the Controller, who shall summarize the cost and savings information therein for inclusion in his or her annual report prepared pursuant to Sections 7501 through 7504. The Controller shall perform a postaudit to verify that the savings equal or exceed the lump-sum actuarial cost of the additional service granted pursuant to this section. The local contracting agency shall pay the cost of the postaudit. (e) This section shall not be applicable to any member otherwise eligible if the member receives any unemployment insurance payments arising out of employment with an employer subject to this part during a period extending two years beyond the date of issuance of the governing body’s determination or if the member is not eligible to retire without the additional credit available under this section. (f) Any member who qualifies under this section, upon subsequent reentry into this system or upon any subsequent service under contract or any other basis, shall forfeit the service credit acquired under this section. Any member who qualifies under this section shall not receive temporary reemployment as an annuitant with the public agency from which he or she has received credit under this section for five years following the date of retirement. (g) No additional service credit shall be granted pursuant to this section on or after July 1, 1999. (Amended by Stats. 1997, Ch. 458, Sec. 1. Effective September 24, 1997.) - 20904. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20890 - 20910] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )
A county superintendent of schools may make certain school members eligible for additional service credit, but only if specified 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 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20890 - 20910] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20904. Notwithstanding any other provisions of this part, when any county superintendent of schools determines that because of an impending curtailment of, or change in the manner of performing service, the best interests of the county superintendent of schools would be served, a school member shall be eligible to receive additional service credit if the following conditions exist: (a) The member is employed in a job classification or an organizational unit designated by the county superintendent of schools and retires within any period designated in and subsequent to the effective date of the contract amendment provided the period is not less than 90 days nor more than 180 days. (b) The county superintendent of schools transmits to the retirement fund an amount determined by the board that is equal to the actuarial equivalent of the difference between the allowance the member receives after the receipt of service credit under this section and the amount he or she would have received without the service credit. The transfer to the retirement fund shall be made in a manner and time period acceptable to the employer and the board. (c) The county superintendent of schools shall certify that it is his or her intention at the time that this section is made operative that if any early retirements are granted after receipt of service credit pursuant to this section, that the retirements will either: (1) result in a net savings to the district or county superintendent of schools, or (2) result in an overall reduction in the work force of the organizational unit because of impending mandatory transfers, demotions, and layoffs that constitute at least 1 percent of the job classification, as designated by the county superintendent of schools, resulting from the curtailment of, or change in the manner of performing, its services. The amount of service credit shall not be more than two years regardless of credited service and shall not exceed the number of years intervening between the date of his or her retirement and the date he or she would be required to be retired because of age. A county superintendent of schools that elects to make the payment prescribed by subdivision (b) shall make the payment with respect to all eligible employees who retire during the specified period. This section shall not be applicable to any member otherwise eligible if the member receives any unemployment insurance payments during the specified period. Any member who qualifies under this section, upon subsequent reentry to this system shall forfeit the service credit acquired under this section. This section shall not apply to any member who is not employed by the county superintendent of schools during the period designated in subdivision (a) and who has less than five years of service credit. This section shall not apply to any county superintendent of schools unless and until the county superintendent of schools elects to be subject to this section by amendment to the contract made in the manner prescribed for approval of contracts, except an election among the employees is not required, or, in the case of contracts made after July 30, 1982, by express provision in the contract making the county superintendent of schools subject to the provisions of this section. Notwithstanding Section 20790, an election to become subject to this section shall not exclude a county superintendent of schools from the definition of “employer” for purposes of Section 20790. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.) - 20905. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20890 - 20910] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )
Part-time school members can receive full-time service credit and related retirement benefits if both the member and employer contribute the required amount; employers must verify eligibility before workload reduction and keep separate records.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20890 - 20910] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20905. (a) Notwithstanding any other provision of this part, a school member employed on a part-time basis on and after January 1, 1991, shall, for that period of part-time employment, receive the credit he or she would receive if he or she was employed on a full-time basis and shall have his or her retirement allowance, as well as any other benefits he or she is entitled to under this part, based upon the salary that he or she would have received if employed on a full-time basis if he or she and his or her employer both contribute to the retirement fund the amount that would have been contributed if the member was employed on a full-time basis. Prior to the reduction of a classified employee’s workload under this section, the school employer personnel responsible for the administration of this program shall verify the eligibility of the applicant for the reduced workload program. This section shall be applicable only to school members who are classified employees of school employers or community college districts and who have met the criteria provided in Sections 45139 and 88038 of the Education Code. (b) The employer shall maintain the necessary records to separately identify each classified employee receiving credit pursuant to this section. (c) 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 which, in combination, offer the actuary’s best estimate of anticipated experience under this system. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.) - 20906. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20890 - 20910] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )
A school member on approved leave to serve as an elected officer of an employee organization keeps service credit and related benefits, while both the member and employer must make retirement 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 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20890 - 20910] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20906. (a) Notwithstanding any other provision of this part, a school member who is on an approved leave of absence to serve as an elected officer of an employee organization pursuant to Section 45210 or 88210 of the Education Code, shall receive the service credit the member would have received if not on leave, and shall have benefits the member is entitled to under this part, based upon the salary that the member would receive if not on leave. Both the member and the member’s employer shall contribute to the retirement fund the amount that would have been contributed had the member not been on leave. (b) The school employer shall verify the eligibility of the applicant for the elected officer’s leave of absence. (c) The employer shall maintain the necessary records to separately identify each employee receiving service credit pursuant to this section. (Amended by Stats. 2021, Ch. 539, Sec. 6. (SB 294) Effective January 1, 2022.) - 20907. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20890 - 20910] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )
Transferred funds for certain additional service credit must be paid over a period acceptable to the employer and the board, and that period cannot exceed 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 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20890 - 20910] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20907. Any funds transferred to this system on account of liability for additional service credit granted pursuant to Sections 20901, 20902, 20904, or former Section 20822, as added by Chapter 450 of the Statutes of 1992, shall be paid over a time period acceptable to the employer and the board, but in no case shall that period exceed five years. (Amended by Stats. 2003, Ch. 519, Sec. 16. Effective January 1, 2004.) - 20908. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20890 - 20910] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )
Some members may elect service credit for prior state service within a specified month window, and later by making specified contributions before retirement. If they elect under this section, they must transfer accumulated contributions and earnings to 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 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20890 - 20910] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20908. (a) A member who, pursuant to Section 20281.5, did not accrue service credit with respect to his or her service to the state may elect to receive credit for that service within the period of time beginning on the first day of the 47th month and ending on the last day of the 49th month after the date on which the member became a member of the system. (b) Any member electing to receive credit for service under this section shall cause to be transferred to the system the accumulated contributions, including earnings, standing to the member’s credit in the retirement program established pursuant to Chapter 8.6 (commencing with Section 19999.3) of Part 2.6. Upon transfer of the accumulated contributions, including earnings, the member shall receive credit for all service that, pursuant to Section 20281.5, was not credited. (c) A member who does not make the election within the period specified in subdivision (a), may elect at any time prior to retirement to receive credit for the service that otherwise would have been credited if the member was not subject to Section 20281.5, by making the contributions specified in Sections 21050 and 21052. (Amended by Stats. 2005, Ch. 328, Sec. 6. Effective January 1, 2006.) - 20909. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20890 - 20910] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )
Certain members may elect to buy up to five years of additional retirement service credit, if they have at least five years of credited state service and file written notice 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 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20890 - 20910] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20909. (a) A member who has at least five years of credited state service, may elect, by written notice filed with the board, to make contributions pursuant to this section and receive not less than one year, nor more than five years, in one-year increments, of additional retirement service credit in the retirement system. (b) A member may elect to receive this additional retirement service credit at any time prior to retirement by making the contributions as specified in Sections 21050 and 21052. A member may not elect additional retirement service credit under this section more than once. (c) For purposes of this section, “additional retirement service credit” means time that does not qualify as public service, military service, leave of absence, or any other time recognized for service credit by the retirement system. (d) Additional retirement service credit elected pursuant to this section may not be counted to meet the minimum qualifications for service or disability retirement or for health care benefits, or any other benefits based upon years of service credited to the member. (e) This section only applies to the following members: (1) A member while he or she is employed in state service at the time of the additional retirement service credit election. (2) A member of the system defined in Section 20324. (f) For purposes of this section, “state service” means service as defined in Section 20069. (g) This section shall apply only to an application to purchase additional retirement credit that was received by the system prior to January 1, 2013, that is subsequently approved by the system. (Amended by Stats. 2013, Ch. 526, Sec. 13. (SB 220) Effective January 1, 2014.) - 20910. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20890 - 20910] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )
A member may elect service credit in limited circumstances, but must pay the contributions required for that service credit.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20890 - 20910] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20910. A member whose right to elect to receive service credit pursuant to Article 4 (commencing with Section 20990) and Article 5 (commencing with Section 21020) has been awarded in part to a nonmember, pursuant to paragraph (4) of subdivision (c) of Section 21290, may elect to receive service credit for the same amount and type of service credit that the nonmember is entitled to purchase, if the nonmember has permanently waived all rights in the system by effecting a refund of accumulated contributions pursuant to Section 21292. A member electing to receive service credit pursuant to this section shall make the contributions required under this chapter for the particular amount and type of service credit. (Added by Stats. 2003, Ch. 855, Sec. 4. Effective January 1, 2004.) - 20930. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Prior Service Credit [20930 - 20938] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )
A member is entitled to prior service credit if they were employed by the university when they became a member.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Prior Service Credit [20930 - 20938] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20930. Credit for prior service shall be granted to each member who was employed by the university at the time of becoming a member . (Amended by Stats. 1996, Ch. 906, Sec. 108. Effective January 1, 1997.) - 20931. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Prior Service Credit [20930 - 20938] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )
Some members are entitled to prior service credit if they meet the stated employment or service 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 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Prior Service Credit [20930 - 20938] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20931. Credit for prior service shall be granted to each member who was employed by the state, but not by the university, at the time of becoming a member. Credit for prior service shall be granted to each state member who, on or before the effective date of his or her retirement under this system, becomes entitled to be credited with five years or more of current service rendered as a state member. The status under this system of each state member who qualifies for credit for prior service under this section shall be adjusted to what it would have been if the prior service had been credited to the member at the date he or she became a member of this system. (Amended by Stats. 2017, Ch. 561, Sec. 84. (AB 1516) Effective January 1, 2018.) - 20932. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Prior Service Credit [20930 - 20938] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )
Certain state members are entitled to prior service credit if they joined while working part-time, or joined before the relevant amendments because they changed to full-time status.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Prior Service Credit [20930 - 20938] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20932. Credit for prior service shall also be granted to each state member who became a member while employed on a part-time basis, as a result of amendments of the laws governing this system, or who became a member prior to those amendments, because of a change in status to a full-time basis. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.) - 20933. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Prior Service Credit [20930 - 20938] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )
Eligible members are entitled to prior service credit if they were employed by a contracting agency when they became members and joined on the contract’s effective date or within three years after last rendering 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 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Prior Service Credit [20930 - 20938] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20933. Credit for prior service shall be granted to each person who was employed by a contracting agency at the time of becoming a member and who became a member on the effective date of the agency’s contract or within three years after last rendering prior service. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.) - 20934. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Prior Service Credit [20930 - 20938] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )
Local members get prior-service credit for work done as an employee of a contracting agency when they become members 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 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Prior Service Credit [20930 - 20938] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20934. Credit for prior service rendered as an employee of a contracting agency shall be granted to each local member at the date the local member becomes a member of this system. This section shall apply to all local members who are in active state service on or after January 1, 1977, and notwithstanding any other provision in this article shall operate prospectively. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.) - 20936. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Prior Service Credit [20930 - 20938] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )
Local members may receive prior-service credit when their public agency service is taken over by a contracting agency or later contracting 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 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Prior Service Credit [20930 - 20938] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20936. Credit for prior service shall be granted to each local member who rendered service to a public agency if that agency or a function of that agency is assumed by a contracting agency or a public agency that thereafter becomes a contracting agency. The future annual costs incurred pursuant to this section shall be determined in the manner prescribed for actuarial investigations and valuations in Article 1 (commencing with Section 20460) of Chapter 5 and shall be made public at a public meeting at least two weeks prior to the election by a public agency to be subject to this section. This section shall not apply to any contracting agency nor to the employees of any 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. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.) - 20937. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Prior Service Credit [20930 - 20938] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )
Prior service credit and related benefits must be set by contract, and the benefit percentages are capped and must be applied uniformly within the stated member 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 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Prior Service Credit [20930 - 20938] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20937. The credit for prior service to be granted local members and the benefits pertaining thereto, shall be established by contract between the board and the governing body of the agency. Benefits on account of each year of credited prior service shall be in the form of a percentage of either of the following: (a) The final compensation of local safety members. (b) The final compensation of a local miscellaneous member who retires after December 1, 1969, whether or not the contracting agency has elected to be subject to the provisions of this subdivision. The percentages shall not exceed the analogous percentages applicable to the members’ current service, and shall be uniform for all local safety members, according to age at entry into the service of the contracting agency, if the member is entitled to credit for prior service, or age at entry into this system, if the member is not so entitled, and uniform for all local miscellaneous members regardless of age at entry. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.) - 20938. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Prior Service Credit [20930 - 20938] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )
Prior service credit is granted only to people employed by a contracting agency on the effective date of the agency’s contract or contract amendment, unless the agency opts into this section by express contract provision.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Prior Service Credit [20930 - 20938] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20938. Notwithstanding any other provision of this part, credit for prior service shall be granted only to each person who was employed by a contracting agency on the effective date of the agency’s contract or amendment to the contract under which that prior service is granted. This section shall not apply to a contracting agency nor to the employees of a contracting agency, unless the agency elects to be subject to this section by express provision in the contract making the contracting agency subject to this section. (Amended by Stats. 2006, Ch. 118, Sec. 6. Effective January 1, 2007.) - 20960. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Computation of Service Credit [20960 - 20972] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. )
Time a member is absent from state service without compensation is not counted as service credit, except as provided in Article 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 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Computation of Service Credit [20960 - 20972] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20960. Except as provided in Article 4 (commencing with Section 20990), time during which a member is absent from state service without compensation shall not be allowed in computing service. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.) - 20961. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Computation of Service Credit [20960 - 20972] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. )
No one may receive credit for more than one year of service for service rendered in a fiscal year.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Computation of Service Credit [20960 - 20972] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20961. Credit for more than one year of service shall not be allowed for service rendered in any fiscal year. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.) - 20962. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Computation of Service Credit [20960 - 20972] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. )
This section sets how much service credit is granted for different kinds of full-time public employment.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Computation of Service Credit [20960 - 20972] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20962. (a) One year of service credit shall be granted for service rendered and compensated in a fiscal year in full-time employment for any of the following: (1) One academic year of service for persons employed on an academic year basis by the University of California, the California State University system, or school employees who are certificated members, under terms and conditions prescribed by the board. (2) Ten months of service for persons employed on a monthly basis. (3) Two hundred fifteen days of service after June 30, 1951, and 250 days prior to July 1, 1951, for persons employed on a daily basis. (4) One thousand seven hundred twenty hours of service after June 30, 1951, and 2,000 hours prior to July 1, 1951, for persons employed on an hourly basis. (5) Nine months of service for state employees represented by State Bargaining Unit 3 and subject to the 9–12 pay plan or leave plan, provided a memorandum of understanding has been agreed to by the state employer and the recognized employee organization to become subject to this subdivision. (b) A fractional year of credit shall be given for service rendered in a fiscal year in full-time employment for less than the time prescribed in this section. (Amended by Stats. 2009, Ch. 130, Sec. 24. (AB 966) Effective January 1, 2010.) - 20963. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Computation of Service Credit [20960 - 20972] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. )
If a state member retires within four months of leaving state employment, unused sick leave certified by the state counts toward retirement credit. The certification must only include sick leave earned in the normal course of employment, and reports can be audited and adjusted if improper reporting is found.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Computation of Service Credit [20960 - 20972] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20963. (a) A state member, whose effective date of retirement is within four months of separation from employment with the state, shall be credited at the member’s retirement with 0.004 year of service credit for each unused day of sick leave certified to the board by the state. The certification shall report only those days of unused sick leave that were accrued by the member during the normal course of the member’s employment and shall not include any additional days of sick leave reported for the purpose of increasing the member’s retirement benefit. Reports of unused days of sick leave shall be subject to audit and retirement benefits may be adjusted where improper reporting is found. For purposes of this subdivision, sick leave shall not include sick leave earned as a National Guard member as described in Section 20380.5. (b) This section shall not apply to a state employee, with respect to sick leave credits earned as a state member under Section 21353.5, except that the member shall be entitled to receive credit under this section for the sick leave the member has earned as a state member subject to any other retirement formula, provided the member has a sick leave credit balance remaining at the time of retirement. (c) For the purposes of this section, sick leave benefits provided to state employees pursuant to the state sick leave system shall be construed to mean compensation paid to employees on approved leaves of absence because of sickness. (Amended by Stats. 2019, Ch. 330, Sec. 11. (SB 782) Effective January 1, 2020.) - 20963.1. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Computation of Service Credit [20960 - 20972] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. )
Some retiring state members get service credit for unused educational leave days if they retire within four months of separation and the leave is certified by the employer.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Computation of Service Credit [20960 - 20972] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20963.1. (a) A state member whose effective date of retirement is within four months of separation from employment of the state, shall be credited at his or her retirement with 0.004 year of service for each unused day of educational leave credit, as certified to the board by the employer. The provisions of this section shall be effective for eligible state members who retire directly from state employment on and after January 1, 2000. (b) This section shall apply to eligible state members in state bargaining units that have agreed to this section in a memorandum of understanding, or as 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 of the Government Code. (Amended by Stats. 2012, Ch. 665, Sec. 127. (SB 1308) Effective January 1, 2013.) - 20963.5. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Computation of Service Credit [20960 - 20972] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. )
Certain school and local members get service credit for unused sick leave, if retirement is within four months of separation and the leave is certified by the employer.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Computation of Service Credit [20960 - 20972] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20963.5. On and after January 1, 2020, a school member, a school safety member, or a local member employed by a contracting agency that is a school district, county office of education, or community college district, whose effective date of retirement is within four months of separation from employment with the employer subject to this section that granted the sick leave credit, shall be credited at the member’s retirement with 0.004 year of service credit for each unused day of sick leave certified to the board by the employer. The certification shall report only those days of unused sick leave that were accrued by the member during the normal course of the member’s employment and shall not include any additional days of sick leave reported for the purpose of increasing the member’s retirement benefit. Reports of unused days of sick leave shall be subject to audit and retirement benefits may be adjusted where improper reporting is found. For purposes of this subdivision, sick leave shall include sick leave granted by the employer subject to this section and any sick leave transferred to that employer pursuant to Section 44979, 45202, 87783, or 88202 of the Education Code. (Repealed and added by Stats. 2019, Ch. 330, Sec. 13. (SB 782) Effective January 1, 2020.) - 20964. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Computation of Service Credit [20960 - 20972] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. )
Certain eligible state employees who resign during the stated 1980 period may receive additional retirement service credit for qualifying sick leave.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Computation of Service Credit [20960 - 20972] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20964. Notwithstanding any other provision of law, any employee who voluntarily resigns from state service during the period January 1, 1980, through June 30, 1980, shall be credited at retirement with additional service credit pursuant to Section 20963 for sick leave accumulated while employed by the state and assumed and maintained by the county pursuant to the agreement with the Department of Forestry and Fire Protection, and certified as unused to the board by the county. County employees having accumulated sick leave credits for both state and county service shall be deemed to draw from county earned sick leave balances existing at the time sick leave is taken prior to the drawing from state earned balances. This section applies only to probationary and permanent employees of the Department of Forestry and Fire Protection assigned to the Orange Ranger Unit who, before the June 30, 1980, cancellation of the local government fire protection contract between the department and the County of Orange, voluntarily resign from state service and accept similar employment by Orange County in a fire protection organization. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.) - 20965. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Computation of Service Credit [20960 - 20972] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. )
Certain local members get service credit for unused sick leave if they retire within four months of separation, and the employer must certify only eligible unused sick leave days 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 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Computation of Service Credit [20960 - 20972] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20965. (a) A local miscellaneous member and a local safety member, whose effective date of retirement is within four months of separation from employment with the employer that granted the sick leave credit, shall be credited at the member’s retirement with 0.004 year of service credit for each unused day of sick leave certified to the board by the member’s employer. The certification shall report only those days of unused sick leave that were accrued by the member during the normal course of the member’s employment and shall not include any additional days of sick leave reported for the purpose of increasing the member’s retirement benefit. Reports of unused days of sick leave shall be subject to audit and retirement benefits may be adjusted where improper reporting is found. (b) (1) 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, except that an election among the employees is not required, or, in the case of contracts made after September 26, 1974, by express provision in the contract making the contracting agency subject to this section. (2) This section shall only apply to members who retire after the effective date of the contract amendments. (c) Any contracting agency that is a school district, county office of education, or community college district that elects to contract for unused sick leave conversion under this section or participates in a risk pool pursuant to Section 20840 shall be subject to the provisions of Section 20963.5. (Amended by Stats. 2019, Ch. 330, Sec. 14. (SB 782) Effective January 1, 2020.) - 20966. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Computation of Service Credit [20960 - 20972] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. )
Part-time service credit for retirement allowances must be calculated by specified ratios depending on whether the service was rendered on an academic year, monthly, daily, or hourly basis.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Computation of Service Credit [20960 - 20972] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20966. For the purpose of calculating retirement allowances, credit for service rendered on a part-time basis in each fiscal year shall be based on the ratio that the service rendered bears: (a) To one academic year if rendered on an academic year basis, for members employed by the University of California, the California State University system, or school employees who are certificated members, under terms and conditions prescribed by the board. (b) To 10 months if rendered on a monthly basis. (c) To 215 days if the service was rendered after June 30, 1951, or to 250 days if the service was rendered prior to July 1, 1951, for services rendered on a daily basis. (d) To 1,720 hours if the service was rendered after June 30, 1951, or to 2,000 hours if the service was rendered prior to July 1, 1951, for service rendered on an hourly basis. (Amended by Stats. 2000, Ch. 1030, Sec. 8. Effective January 1, 2001.) - 20966.5. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Computation of Service Credit [20960 - 20972] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. )
For certain purposes, qualifying National Guard service counts as service credit on a one-day-for-one-day basis, with yearly credit calculated using a 215-day ratio.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Computation of Service Credit [20960 - 20972] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20966.5. For purposes of Sections 20326 and 21029.5, each day of compensated service with the California National Guard or service by a National Guard member authorized by Title 10 of the United State Code shall count as one day of service and shall be credited in each fiscal year based on the ratio that service bears to 215 days. (Added by Stats. 2007, Ch. 355, Sec. 18. Effective January 1, 2008.) - 20967. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Computation of Service Credit [20960 - 20972] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. )
For retirement benefits based on part-time service, compensation earnable is treated as the full-time equivalent, except under Section 21381.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Computation of Service Credit [20960 - 20972] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20967. For the purpose of calculating retirement benefits based on part-time service, except under Section 21381, compensation earnable shall be taken as the compensation that would have been earnable if the employment had been on a full-time basis and the member had worked full time, and shall conform to the definitions given in Section 20636.1 for school members and Section 20636 for all other members. (Amended by Stats. 2009, Ch. 130, Sec. 25. (AB 966) Effective January 1, 2010.) - 20968. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Computation of Service Credit [20960 - 20972] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. )
For retirement purposes, service credit for state employees in the personal leave program is based on the service they would have earned if they had not been in that 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 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Computation of Service Credit [20960 - 20972] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20968. For all retirement purposes including benefit eligibility and calculations of retirement allowances for state employees in the personal leave program, credit for service shall be based on the amount of service that would have been credited had the employee not been in the personal leave program. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.) - 20969. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Computation of Service Credit [20960 - 20972] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. )
For employees covered by this section, retirement service credit and compensation earnable during mandatory furloughs are based on what would have been credited without the furlough. Employers must tell the board about mandatory furlough terms and provide additional information the board requires.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Computation of Service Credit [20960 - 20972] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20969. (a) For all retirement purposes, including benefit eligibility and calculations of retirement allowances for members employed by the state that are subject to mandatory furloughs, credit for service and compensation earnable shall be based on the amount that would have been credited had the employee not been subject to mandatory furloughs. (b) For the purposes of this section, “mandatory furloughs” means time during which a member is directed to be absent from work without pay, pursuant to Section 19849, or during which a member identified below is directed to be absent from work without pay as a consequence of an Executive order in the 2008–09, 2009–10, and 2010–11 fiscal years: (1) A state employee subject to an Executive order requiring a mandatory furlough for state employees. (2) A person who is excepted from the definition of “state employee” in subdivision (c) of Section 3513, or who is an officer or employee of the executive branch of state government who is not a member of the civil service, and who is subject to an Executive order requiring a mandatory furlough for state employees. (3) A state employee, a person who is excepted from the definition of “state employee” in subdivision (c) of Section 3513, or a person who is an officer or employee of the executive branch of state government who is not a member of the civil service, and whose employer is not under the direct executive authority of the Governor, and who is subject to a mandatory furlough imposed by his or her employer in response to encouragement in an Executive order. (c) An employer of an employee identified in subdivision (b) shall notify the board of the terms and conditions of any mandatory furlough, including, but not limited to, the amount of mandatory furlough time imposed on employees during a reporting period and the date on which the mandatory furlough ends. The employer and the Controller shall provide any additional information as the board may require to implement this section. (Amended by Stats. 2012, Ch. 833, Sec. 5. (SB 987) Effective January 1, 2013.) - 20969.1. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Computation of Service Credit [20960 - 20972] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. )
Trial courts must tell the board the terms of any mandatory furlough, including furlough time and the end date, and may also have to provide extra information the board needs. For retirement purposes, service credit and compensation earnable are based on what would have been credited without the furlough.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Computation of Service Credit [20960 - 20972] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20969.1. (a) For all retirement purposes, including benefit eligibility and calculations of retirement allowances for members employed by a trial court that are subject to mandatory furloughs, as defined in subdivision (c), credit for service and compensation earnable shall be based on the amounts of service and compensation earnable that would have been credited had the employee not been subject to mandatory furloughs. (b) A trial court shall notify the board of the terms and conditions of any mandatory furlough, including, but not limited to, the amount of mandatory furlough time imposed on employees during a reporting period, and the date on which the mandatory furlough ends. A trial court and a county in which the trial court is located that participates in this system by joint contract pursuant to Section 20460.1 shall provide that additional information as the board may require to implement this section. (c) For the purposes of this section, “mandatory furloughs” is limited to the time during which a trial court employee is directed to be absent from work without pay in the 2009–10 fiscal year on the day designated by the Judicial Council for closure of the courts as authorized in Section 68106. (d) For purposes of this section, “trial court employee” means a trial court employee, as that term is defined in Section 71601, whose employer has contracted for its employees to become members of the California Public Employees’ Retirement System. (Amended by Stats. 2011, Ch. 440, Sec. 6. (AB 1028) Effective January 1, 2012.) - 20969.2. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Computation of Service Credit [20960 - 20972] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. )
For certain education employees subject to mandatory furloughs, retirement service credit and compensation earnable are counted as if the furlough had not occurred; employers must report furlough details to the board and provide additional information if 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 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Computation of Service Credit [20960 - 20972] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20969.2. (a) For all retirement purposes, including benefit eligibility and calculations of retirement allowances under this part for a person employed by a county office of education, a school district, a school district that is a contracting agency, a community college district, or a local safety member, as defined in Section 20420, that is subject to mandatory furloughs, the employee’s credit for service and compensation earnable shall include the amount of service that would have been credited and the compensation earnable that would have been reported had the employee not been subject to a mandatory furlough. (b) For the purposes of this section, “mandatory furlough” includes any time period on or after July 1, 2008, during which employees are directed to be absent from work without pay on the day or days designated by their employer or by a memorandum of understanding by the parties entered into on or after July 1, 2008, for purposes of achieving budgetary savings. (c) An employer of an employee identified in subdivision (a) shall notify the board and, if applicable, the county superintendent of schools of the terms and conditions of any mandatory furlough, including, but not limited to, the amount of mandatory furlough time imposed on employees during a reporting period, and the date on which the mandatory furlough ends. The employer and, if applicable, the county superintendent of schools shall provide any additional information as the board may require to implement this section. (Added by Stats. 2010, Ch. 574, Sec. 1. (AB 1651) Effective January 1, 2011.) - 20969.3. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Computation of Service Credit [20960 - 20972] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. )
An employer must notify the board within five days after the reinstatement decision becomes final, and qualifying reinstated members keep retirement benefits and service credit tied to awarded salary and 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 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Computation of Service Credit [20960 - 20972] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20969.3. (a) A member who was involuntarily terminated and who is subsequently reinstated to that employment, pursuant to an administrative, arbitral, or judicial proceeding, shall be reinstated with all retirement benefits that the member otherwise would have accrued. Administrative proceedings also include proceedings before the governing board of a school district, a charter school, a county office of education, or a community college district. (b) Reinstatement of benefits shall be effective as of the date from which salary is awarded in the administrative, arbitral, or judicial proceeding. Contributions shall be made for any period for which salary is awarded in the administrative, arbitral, or judicial proceeding in the amount that the member would have contributed had his or her employment not been terminated, and he or she shall receive credit as state service, as defined in Section 20069, for the period for which salary is awarded and contributions are received. (c) This section applies to members who were subject to an involuntary termination effective on or after January 1, 2017. (d) An employer of the member described in subdivision (a) shall notify the board of the final decision ordering the member’s reinstatement to employment within five days of the date the decision becomes final. The notification shall include the date of involuntary termination and the date on which the member was reinstated to employment after the decision. (Amended by Stats. 2017, Ch. 561, Sec. 85. (AB 1516) Effective January 1, 2018.) - 20970. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Computation of Service Credit [20960 - 20972] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. )
This section explains when a member’s service is credited for retirement benefits, including part-time employment and fractional 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 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Computation of Service Credit [20960 - 20972] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20970. The determining qualification for retirement and the benefit provided under Section 21546 and calculating benefits payable upon death before retirement other than that provided under Section 21546, a year of service shall be credited for each year during which the member was employed throughout the year on a part-time basis and was engaged in his or her duties the full amount of time he or she was required by his or her employment to be so engaged. In calculating service to determine the qualification, credit for fractional years shall be granted to the extent of the fraction derived by dividing the time during which the member was engaged in his or her duties within the year, by the time he or she was required by his or her employment to be so engaged. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.) - 20971. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Computation of Service Credit [20960 - 20972] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. )
For certain retirement computations, a person in partial service retirement is treated as if their annual compensation earnable were the full-time amount they would have 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 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Computation of Service Credit [20960 - 20972] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20971. For the purposes of the computations required by subdivision (b) or (c) of Section 21532, the annual compensation earnable by a person in partial service retirement shall be deemed the amount of annual compensation the person would have received had the person been employed on a full-time basis. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.) - 20972. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Computation of Service Credit [20960 - 20972] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. )
A qualifying person must receive state service credit, employers are liable for the service, and certain members may redeposit 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 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Computation of Service Credit [20960 - 20972] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20972. If a person has been employed by the state or one or more contracting agencies in any relative order and regardless of whether the employment was before or after the effective date of the contract, and if he or she has not been paid his or her accumulated contributions, or having been paid those contributions, he or she redeposits them, he or she shall receive credit for all state service and those employers shall be liable for all state service rendered in their respective employments and that service shall be included in the calculation of the liability of the respective employers under the contracts. A member who has been employed other than concurrently by two or more employers shall not be denied credit under this section for service prior to the contract date because of intervening employment with the same employer after the contract date and under circumstances that did not qualify him or her for prior service credit under Section 20931 or 20933. Any member who reentered this system prior to October 1, 1957, and who did not have a right to redeposit withdrawn contributions because of provisions of this section existing prior to that date may redeposit those contributions in accordance with Section 20750. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.) - 20990. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Absences from Employment [20990 - 21013] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. )
A member is treated as absent on military service when absent from state service because of service with the uniformed services, and the system must follow federal Chapter 43 of Title 38.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Absences from Employment [20990 - 21013] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20990. A member is absent on military service when he or she is absent from state service by reason of service with the uniformed services. Uniformed services means the Armed Forces of the United States of America, the Army National Guard and the Air National Guard when engaged in active duty for training, inactive duty training or full-time National Guard duty, the commissioned corps of the Public Health Service, and any other category of persons designated by the President in time of war or emergency. Service in the uniformed services means the performance of duty on a voluntary or involuntary basis in a uniformed service under competent authority and includes active duty, active duty for training, initial active duty for training, inactive duty training, and a period for which a member is absent from a position of employment for the purpose of an examination to determine the fitness of the member to perform any duty. The system shall comply with Chapter 43 (commencing with Section 4301) of Title 38 of the United States Code, as that chapter may be amended from time to time. (Repealed and added by Stats. 1996, Ch. 680, Sec. 6. Effective January 1, 1997.) - 20991. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Absences from Employment [20990 - 21013] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. )
A member absent on military service may make the required contributions after returning to state service, at times and in the manner set by the board.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Absences from Employment [20990 - 21013] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20991. Any member who was absent on military service and whose contributions are not paid for him or her by his or her employer as provided in Section 20997, may make the contributions upon his or her return to state service at times and in the manner prescribed by the board. If he or she does so contribute, he or she shall receive credit for the absence as state service in the same manner as if he or she had not been absent from state service. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.) - 20993. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Absences from Employment [20990 - 21013] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. )
If a member makes the required contributions under Section 20991, the state or contracting agency must also make the matching contributions for the military-service absence.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Absences from Employment [20990 - 21013] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20993. When a member makes the contributions as provided in Section 20991, the same contributions shall be made by the state or contracting agency with respect to the absence that would have been made if the member had not been absent on military service, except that the contributions shall be determined by the employer rate of contribution in effect when the contributions are made and may be included in the employer rate of contribution at the next valuation. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.) - 20994. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Absences from Employment [20990 - 21013] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. )
Employees of a contracting agency who were absent on military service may become members and may receive prior service credit if they meet the stated conditions.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Absences from Employment [20990 - 21013] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20994. Any employee of a contracting agency who is or was absent on military service on the effective date of the contract and who would become or would have become a member if he or she were not absent becomes or became a member on the effective date, with the same status and rights of membership as if he or she were not or had not been so absent on the effective date. Any such employee and any other employee of a contracting agency who was absent on military service prior to the effective date shall receive credit as prior service for time during which he or she was absent on military service prior to the effective date provided the employee is entitled to receive prior service credit pursuant to Section 20933 or 20934 and he or she returned to employment of the contracting agency within six months of the termination of his or her active service with the uniformed services under conditions other than dishonorable or within six months after any period of rehabilitation afforded by the United States government other than a period of rehabilitation for purely educational purposes. (Amended by Stats. 1996, Ch. 680, Sec. 7. Effective January 1, 1997.) - 20995. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Absences from Employment [20990 - 21013] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. )
State employees absent on military service are treated as becoming members on the date they otherwise would have become members, with the same membership status and 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 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Absences from Employment [20990 - 21013] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20995. Any person in the employ of the state who was or is absent on military service on the date when he or she otherwise would have become or would become a member, became or becomes a member on that date, with the same status and rights of membership as if he or she had not been or were not absent. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.) - 20996. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Absences from Employment [20990 - 21013] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. )
A contracting agency’s employees who were away on military service may become members on the contract’s effective date, and certain returning employees can get prior service credit if they meet the stated conditions.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Absences from Employment [20990 - 21013] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20996. An employee of a contracting agency who is or was absent on military service on the effective date of the contract and who would become or would have become a member if he or she were not absent becomes or became a member on that effective date, with the same status and rights of membership as if he or she were not or had not been absent on that effective date. The employee and any other employee of a contracting agency who was absent on military service prior to that effective date shall receive credit as prior service for time during which he or she was absent on military service prior to that effective date provided that employee is entitled to receive prior service credit pursuant to Section 20933, 20934, or 20972 and he or she returned to employment of the contracting agency within six months of the termination of his or her active service with the uniformed services under conditions other than dishonorable or within six months after any period of rehabilitation afforded by the United States government other than a period of rehabilitation for purely educational purposes. 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. (Amended by Stats. 1996, Ch. 680, Sec. 8. Effective January 1, 1997.) - 20997. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Absences from Employment [20990 - 21013] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. )
Employers must make retirement contributions for eligible members absent for military service, and must notify returning members of their rights within 30 days.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Absences from Employment [20990 - 21013] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20997. (a) Notwithstanding any other provision of this part, for each member other than a National Guard member absent without compensation due to military service pursuant to Section 20990, the employer shall contribute an amount equal to the contributions that would have been made by the employer and the employee during the absence. The employer’s contribution pursuant to this section shall be based upon the member’s compensation earnable and the contribution rates in effect at the commencement of the absence, if any of the following apply: (1) The member returns to state service within six months after receiving a discharge from military service other than dishonorable. (2) The member returns to state service within six months after completion of any period of rehabilitation offered by the United States government, except that for purposes of this section, rehabilitation solely for education purposes shall not be considered. (3) The member is granted a leave of absence from the state employer as of the same date the member was reinstated to that employment from military service, provided that the member returns to state service at the conclusion of the leave. (4) The member is placed on a state civil service reemployment list within six months after receiving a discharge from military service other than dishonorable and returns to state service upon receipt of an offer of reemployment. (5) The member retires from this system for service or disability during the course of an absence from state service for military service. (6) The member dies during the course of an absence from state service for military service. (b) Any member on leave from state service for military service who elects to continue contributing to this system shall be entitled to a refund of those contributions upon request. (c) Any member who withdrew contributions during or in contemplation of his or her military service is entitled to the benefits of this section irrespective of whether the contributions are redeposited. The rate for future contributions for the member shall be based upon the member’s age at the time the member commenced a leave of absence from state service for service in the military. (d) The employer’s contribution pursuant to this section may be made either in lump sum, or it may be included in its monthly contribution as adjusted by inclusion of the amount due in the employer rate at the valuation most near in time to the event causing the employer’s liability for those contributions. The employer’s contributions pursuant to this section shall be used solely for the purpose of paying retirement and death benefits and shall not be paid to the member whose contributions are refunded to him or her pursuant to Section 20735. (e) Within 30 days of the member’s return to state service, the employer shall inform the member of his or her rights pursuant to this section, and provide the employee with the form provided pursuant to subdivision (f). (f) The board shall provide a separate and unique form to be used by the member to receive credit for his or her military service. The form shall clearly state that the member has no obligation to pay for any portion of the employer contribution if eligibility is determined pursuant to this section. (Amended by Stats. 2016, Ch. 707, Sec. 2. (SB 294) Effective January 1, 2017.) - 20998. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Absences from Employment [20990 - 21013] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. )
A member who withdrew accumulated contributions after returning from military service and later reentered state service without redepositing them is still entitled to credit for employer contributions and service credit for the military absence.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Absences from Employment [20990 - 21013] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20998. If a member for whose absence on military service employer’s contributions are paid or payable under Section 20997 withdraws or has withdrawn or is or has been paid his or her accumulated contributions after his or her return to state service from military service, and thereafter reenters or reentered state service without redepositing the amount of the accumulated contributions last withdrawn by or repaid to him or her, he or she is nevertheless entitled to be credited with the employer’s contributions for his or her absence on military service under Section 20997, and to receive credit for service for the period of his or her absence on military service, the same as if he or she had not withdrawn or been repaid his or her accumulated contributions. The future contribution rate of a member shall be based upon an age determined by deducting the period of his or her absence on military service so credited to him or her from his age at the time of his or her last re-entry into state service. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.) - 21. Verify source ↗
## Government Code - GOV ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1943, Ch. 134. )
For this code, “town” includes an unincorporated town and a village.
## Government Code - GOV ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1943, Ch. 134. ) ## 21. “Town” includes “unincorporated town” and “village.” (Enacted by Stats. 1943, Ch. 134.) - 210.6. Verify source ↗
## 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. )
Certain entities must take part in business process reviews and organizational change management for a move to a new licensing technology platform.
## 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. ) ## 210.6. Any entity that was previously scheduled for the third release of BreEZe shall participate in business process reviews and organizational change management activities in preparation for transition to a new licensing technology platform, either through the relevant unit in the Department of Consumer Affairs, or through contracted services. (Added by Stats. 2017, Ch. 19, Sec. 8. (AB 111) Effective June 27, 2017. Note: This section was intended to be added to the Business and Professions Code.) - 21002. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Absences from Employment [20990 - 21013] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. )
A member may elect to buy service credit for an unpaid leave of absence linked to serious illness or injury, if the member returns to active state service and makes the required contributions.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Absences from Employment [20990 - 21013] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21002. A member who returns to active state service following an employer-approved leave of absence because of his or her serious illness or injury may elect to receive service credit for that period of uncompensated absence at any time prior to retirement by making contributions as specified in Sections 21050 and 21052. The purchase of additional service credit pursuant to this section shall not reduce the amount of service credit that the member is eligible to purchase pursuant to this chapter. A member may purchase service credit pursuant to this section for a leave of absence that occurred either before or after the effective date of these provisions. (Amended by Stats. 2015, Ch. 244, Sec. 4. (SB 216) Effective January 1, 2016.) - 21003. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Absences from Employment [20990 - 21013] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. )
An eligible member’s absence from state service because of injury or illness is treated as state service for retirement and death benefit qualification, but generally not for calculating 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 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Absences from Employment [20990 - 21013] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21003. Time during which a member is absent from state service by reason of injury or illness determined within one year after the end of the absence to have arisen out of and in the course of his or her employment shall be considered as spent in state service for the purpose of qualification for retirement and death benefits, but not for calculation of retirement benefits, except as he or she receives compensation as distinguished from disability indemnity under the Labor Code, during the absence, and then only to the extent of compensation received. (Added by renumbering Section 20999 by Stats. 1996, Ch. 906, Sec. 115. Effective January 1, 1997.) - 21004. Verify source ↗
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Absences from Employment [20990 - 21013] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. )
This section defines “leave of absence” to include certain absences from state service tied to work-related illness or injury.
## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Absences from Employment [20990 - 21013] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21004. “Leave of absence” also means absence from state service because of illness or injury that arose out of and in the course of employment and for which the member received temporary disability benefits under the Labor Code during the absence and did not receive full compensation as distinguished from the disability benefits for the period of absence. (Amended by Stats. 2012, Ch. 833, Sec. 7. (SB 987) Effective January 1, 2013.)
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