## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 13. Retirement Benefits [21250 - 21483] ( Chapter 13 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Retirement for Service [21350 - 21390] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21353. (a) The combined current and prior service pensions for a local miscellaneous member, a school member, a state miscellaneous or state industrial member, or a university member is a pension derived from the contributions of the employer sufficient, when added to the service retirement annuity that is derived from the accumulated normal contributions of the member at the date of retirement, to equal the fraction of one-fiftieth of the member’s final compensation set forth opposite the member’s age at retirement, taken to the preceding completed quarter year, in the following table, multiplied by the number of years of current and prior service except service in a category of membership other than that of state or state industrial member, local miscellaneous member, school member, or a university member, or service covered under this First Tier retirement formula, with which the member is entitled to be credited at retirement: Age of Retirement Fraction 50 ........................ .546 50¼ ........................ .554 50½ ........................ .562 50¾ ........................ .570 51 ........................ .578 51¼ ........................ .586 51½ ........................ .595 51¾ ........................ .603 52 ........................ .612 52¼ ........................ .621 52½ ........................ .630 52¾ ........................ .639 53 ........................ .648 53¼ ........................ .658 53½ ........................ .668 53¾ ........................ .678 54 ........................ .688 54¼ ........................ .698 54½ ........................ .709 54¾ ........................ .719 55 ........................ .730 55¼ ........................ .741 55½ ........................ .753 55¾ ........................ .764 56 ........................ .776 56¼ ........................ .788 56½ ........................ .800 56¾ ........................ .813 57 ........................ .825 57¼ ........................ .839 57½ ........................ .852 57¾ ........................ .865 58 ........................ .879 58¼ ........................ .893 58½ ........................ .908 58¾ ........................ .923 59 ........................ .937 59¼ ........................ .953 59½ ........................ .969 59¾ ........................ .985 60 ........................ 1.000 60¼ ........................ 1.017 60½ ........................ 1.034 60¾ ........................ 1.050 61 ........................ 1.067 61¼ ........................ 1.084 61½ ........................ 1.101 61¾ ........................ 1.119 62 ........................ 1.136 62¼ ........................ 1.154 62½ ........................ 1.173 62¾ ........................ 1.191 63 and over ........................ 1.209 (b) The fractions specified in the above table shall be reduced by one-third as applied to that part of final compensation that does not exceed four hundred dollars ($400) per month for all service of a member any of whose service has been included in the federal system. This reduction shall not apply to a member employed by a contracting agency that enters into a contract after July 1, 1971, and elects not to be subject to this paragraph or with respect to service rendered after the termination of coverage under the federal system with respect to the coverage group to which the member belongs. (c) The improved retirement allowance provided by this section is granted subject to future reduction prior to a member’s retirement, by offset of federal system benefits or otherwise, as the Legislature may from time to time deem appropriate because of changes in the federal system benefits. (d) With the exception of state miscellaneous members for service rendered for the California State University or the legislative or judicial branch of government, this section shall apply to state miscellaneous and state industrial members who are not employed by the state on or after January 1, 2000. (e) (1) This section shall apply to a state miscellaneous or industrial member who is employed by the state for the first time and becomes a state miscellaneous or industrial member of the system on or after the first day of the pay period following the effective date of the act adding this subdivision, and is represented by State Bargaining Unit 12, 16, 18, or 19. With respect to related state miscellaneous or industrial members in managerial, supervisory, or confidential positions and officers or employees of the executive branch of state government who are not members of the civil service, the Director of Human Resources may exercise his or her discretion whether to approve their status in writing to the board. (2) This subdivision does not apply to: (A) Former state employees previously employed before the first day of the pay period following the effective date of this subdivision, who return to state employment on or after the first day of the pay period following the effective date of this subdivision. (B) State employees hired prior to the first day of the pay period following the effective date of this subdivision, who were subject to Section 20281.5 during the first 24 months of state employment. (C) State employees hired prior to the first day of the pay period following the effective date of this subdivision, who become subject to representation by State Bargaining Unit 12, 16, 18, or 19 on or after the first day of the pay period following the effective date of the act adding this subdivision. (D) State employees on an approved leave of absence employed before the first day of the pay period following the effective date of this subdivision, who return to active employment on or after the first day of the pay period following the effective date of the act adding this subdivision. (f) (1) This section shall apply to a state miscellaneous or industrial member who is employed by the state for the first time and becomes a state miscellaneous or industrial member of the system on or after October 31, 2010, and is represented by State Bargaining Unit 5 or 8. With respect to related state miscellaneous or industrial members in managerial, supervisory, or confidential positions and officers or employees of the executive branch of state government who are not members of the civil service, the Director of Human Resources may exercise his or her discretion whether to approve their status in writing to the board. (2) This subdivision does not apply to: (A) Former state employees previously employed before October 31, 2010, who return to state employment on or after October 31, 2010. (B) State employees hired prior to October 31, 2010, who were subject to Section 20281.5 during the first 24 months of state employment. (C) State employees hired prior to October 31, 2010, who become subject to representation by State Bargaining Unit 5 or 8 on or after October 31, 2010. (D) State employees on an approved leave of absence employed before October 1, 2010, who return to active employment on or after October 31, 2010. (g) (1) Notwithstanding Section 3517.8 or any provision of an expired memorandum of understanding, this section shall also apply to a state miscellaneous or industrial member who is employed by the state, the Legislature, the judicial branch, or the California State University for the first time and becomes a member of the system on or after January 15, 2011. (2) If this subdivision is in conflict with a memorandum of understanding that is current and in effect on January 15, 2011, the memorandum of understanding shall be controlling while it remains in effect. Upon expiration of the memorandum of understanding that is in effect and current on January 15, 2011, this section shall be controlling and may not be superseded by a subsequent memorandum of understanding. (3) This subdivision does not apply to: (A) Former state, legislative, judicial branch, or university employees previously employed before January 15, 2011, who return to employment on or after January 15, 2011, and who were not previously subject to this section. (B) State employees hired prior to January 15, 2011, who were subject to Section 20281.5 during the first 24 months of state employment, and who were not previously subject to this section. (C) State, legislative, judicial branch, or university employees on an approved leave of absence employed before January 15, 2011, who return to active employment on or after January 15, 2011, and who were not previously subject to this section. (Amended by Stats. 2012, Ch. 665, Sec. 133. (SB 1308) Effective January 1, 2013.)
