Government Code — Part 28 | GOV — United States — California law | Esheria

Government Code

Part 28 of 107 · provisions 5,401–5,600

This act is named the Government Code.

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About this statute

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

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Provisions of Government Code

Showing 200 of 21,333

  1. 21005.

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 PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2.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

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    A member on leave from state service for work-related injury or illness, while receiving full or partial salary instead of disability indemnity, is treated as still in state service for contribution, service credit, and benefit calculations.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 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. ) ## 21005. Time during which a member is absent from state service under leave of absence because of injury or illness that arose out of and in the course of employment, and for which he or she receives full or part salary in lieu of disability indemnity, shall be considered as time spent in state service for purposes of requirement of employer and member contribution, computation of service credit and qualification for and calculation of benefits as though he or she had not been absent. (Added by renumbering Section 21000 by Stats. 1996, Ch. 906, Sec. 116. Effective January 1, 1997.)
  2. 21006.

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

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    This section treats approved leave for further education as a type of leave of absence, requires members who elect service credit for that leave to make specified contributions, and allows certain eligible members to use an alternative payment rule for applications made between January 1, 2001 and December 31, 2003.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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. ) ## 21006. (a) “Leave of absence” also means any time during which a state member was excused from performance of his or her duties on approved leave for the purpose of further education. Any member electing to receive service credit for that leave of absence shall make the contributions as specified in Sections 21050 and 21052. However, any eligible member who applies to make that election between January 1, 2001, and December 31, 2003, may, instead of making those contributions, make the payment calculated under this article as it read on December 31, 2000, which payment shall be made in the manner described in Section 21050. (b) Credit granted under this section may not exceed two years. (c) This section shall be applicable to persons who are members or became members of this system on and after January 1, 1975. (Amended by Stats. 2001, Ch. 159, Sec. 113. Effective January 1, 2002.)
  3. 21007.

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

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    A member may elect service credit for an approved leave of absence before retirement, but the credit cannot exceed two years per approved 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 4. Absences from Employment [20990 - 21013] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21007. “Leave of absence” also means any time during which a member is granted an approved leave for the purpose of service with a university; college; local, state, federal or foreign governmental agency; or nonprofit organization, if he or she returns to employment within the terms and conditions under which the leave was granted. A member may elect to receive service credit for that leave of absence at any time prior to retirement by making the contributions as specified in Sections 21050 and 21052. However, any eligible member who requests costing of service credit between January 1, 2001, and December 31, 2003, may, instead of making those contributions, make the payment calculated under this article as it read on December 31, 2000, which payment shall be made in the manner described in Section 21050. In no event shall a member receive service credit in excess of two years for each approved leave of absence. (Amended by Stats. 2000, Ch. 489, Sec. 6. Effective January 1, 2001.)
  4. 21008.

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

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    Certain excused time with reduced pay is credited as service in proportion to pay; full-time credit is available if the member later makes specified contributions, or for certain requests made between January 1, 2001 and December 31, 2003, makes a calculated payment under the prior version of the 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 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. ) ## 21008. Time during which a member is excused from performance of his or her duties, whether or not he or she is required to perform any portion of those duties during that time, and for which he or she receives compensation, but in an amount less than the full compensation earnable by him or her while performing his or her duties when not so excused, such as sabbatical leave, shall be credited as service in the proportion that the compensation paid to the member bears to the full compensation that would be earnable by him or her while performing his or her duties on a full-time basis. However, the member shall receive full-time credit for the time if after returning to the employment from which he or she was excused and at any time prior to retirement he or she elects to, and does, make the contributions as specified in Sections 21050 and 21052. However, any eligible member who requests costing of service credit between January 1, 2001, and December 31, 2003, may, instead of making those contributions, make the payment calculated under this article as it read on December 31, 2000, which payment shall be made in the manner described in Section 21050. (Amended by Stats. 2000, Ch. 489, Sec. 7. Effective January 1, 2001.)
  5. 21009.

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

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    “Leave of absence” includes a partial leave from a state member’s duties when the employer formally grants it for a purpose covered by this article and the member does not receive full pay during the 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. ) ## 21009. “Leave of absence” also means time during which a state member is excused from the performance of a portion of his or her duties and did not, during the absence, receive full compensation if the partial leave of absence was formally granted by the employer for one of the purposes specified in this article. The contributions and interest required of the member shall be determined by the section that defines the purpose of the leave and by the amount of service credit the member would have received had he or she not been absent. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  6. 21010.

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

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    A member who wants service credit for time absent from state service must pay the required amount, either in one lump sum or in installments, subject to board-prescribed minimum payments.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 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. ) ## 21010. Unless otherwise provided in this article, a member electing to receive service credit for time during which he or she was absent from state service shall contribute in a lump sum or by installments over that period and subject to such minimum payments as may be prescribed by regulations of the board, an amount equal to (a) the contributions he or she would have made to this system for the period for which current service credit is granted, assuming that the rate of contribution under his or her employer’s formula at the rate age applicable to him or her at the beginning of his or her first subsequent period of service in membership and his or her compensation earnable on that date had applied to him or her during the period for which credit is granted, plus (b) those added contributions as may be specially required under this article as a condition for crediting a particular absence, plus (c) the interest that would have accrued to those contributions if they had been on deposit at the beginning date of his or her first subsequent period of service in membership, from that date until the date of completion of payments. The beginning date of the first subsequent period of service for purposes of computation of contributions and interest shall be deemed to be the end of the period of service credited for a member who has no subsequent return to service. For a member who is subject to Section 21076 or 21076.5, and Section 21077, the service and contribution rate to be used for purposes of computation shall be deemed to be the service and contribution rate that would have been used had the member not been subject to Section 21076 or 21076.5, and Section 21077. Service shall be credited as current or prior service, or both, as it would be credited if the member had been in state service during his or her absence. All contributions of a member under this article shall be considered to be and shall be administered as normal contributions. (Amended by Stats. 2013, Ch. 526, Sec. 14. (SB 220) Effective January 1, 2014.)
  7. 21011.

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

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    For certain members seeking service credit for time absent from state service, the contribution rate used for computation is treated as the rate that would have applied without Sections 21076, 21076.5, and 21077.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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. ) ## 21011. Notwithstanding Section 21010, for a member electing to receive service credit for time during which he or she was absent from state service who is subject to Section 21076 or 21076.5, and Section 21077, the contribution rate to be used for the purposes of computation shall be deemed to be the contribution rate that would have been used had the member not been subject to Section 21076 or 21076.5, and Section 21077. (Amended by Stats. 2013, Ch. 526, Sec. 15. (SB 220) Effective January 1, 2014.)
  8. 21012.

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

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    If a member’s absence creates benefits above the amount covered by member contributions, the employer from whose employment the member was absent must pay the difference.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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. ) ## 21012. Benefits based on service credited under this article for an absence that are in excess of the portion paid from member contributions shall be paid from contributions of the employer from whose employment the member was absent. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  9. 21013.

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

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    A member can treat certain approved maternity or paternity leave, up to one year, as a leave of absence and may elect service credit for that leave before retirement by making 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. ) ## 21013. “Leave of absence” also means any time, up to one year, during which a member is granted an approved maternity or paternity leave and returns to active state service at the end of the approved leave for a period of time at least equal to that leave. Any member may elect to receive service credit for that leave of absence at any time prior to retirement by making the contributions as specified in Sections 21050 and 21052. This section applies to both past and future maternity or paternity leaves of absences by members of the system. (Amended by Stats. 2015, Ch. 244, Sec. 5. (SB 216) Effective January 1, 2016.)
  10. 21020.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 5. Credit for Public Service [21020 - 21039] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )

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    This section defines which kinds of employment and service count as “public service” for this article, and excludes work relief service from that definition.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 5. Credit for Public Service [21020 - 21039] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21020. “Public service” for purposes of this article means the following: (a) The period of time an employee served the state, a school employer, or a contracting agency prior to becoming a member, when the service was rendered in a position in which the employee was excluded provided one of the following conditions is met: (1) The position has since become subject to compulsory membership in this system. (2) The employee was excluded because the employee was serving on a part-time basis. (3) The employee was excluded because the employee failed to exercise the right to elect membership under this part. (b) Employment in the State Emergency Relief Administration or the State Relief Administration, regardless of the source of the compensation paid for that employment. (c) Employment as an academic employee of the University of California prior to October 1, 1963. (d) Employment by the state in which the person was not eligible for membership in this system if the ineligibility was solely because his or her compensation was paid from other than state-controlled funds. However, time spent in work as a work relief recipient under programs such as, but not limited to, the Works Progress Administration, the Civil Works Administration, the Federal Emergency Relief Administration, the National Youth Administration, and the Civilian Conservation Corps, shall not constitute public service. (e) Employment in a function formerly performed by a public agency other than a contracting agency and assumed by a contracting agency where the employees who performed those functions are or were transferred to or employed by the contracting agency without change in occupation or position. (f) Civilian service as an employee or officer of an agency of the government of the United States that performed functions the same as or substantially similar to those performed by this state prior to January 1, 1942, and that were transferred from the state to that agency, including military service in any branch of the Armed Forces of the United States performed by an individual on military leave of absence from that federal employment, if all the following conditions exist: (1) Prior to performing that federal service he or she was employed by the state. (2) He or she was laid off from state service or would have been laid off if he or she had not been absent in military service because of the transfer of the functions of the state to an agency of the United States government. (3) Subsequent to his or her layoff from state service he or she was employed by the United States government in an agency performing functions the same as or substantially similar to those of the state agency from which he or she was laid off. (4) After his or her separation from federal service, he or she was employed by a state agency. (5) In lieu of paragraphs (1), (2), and (3), the United States government pays to the state or an agency of the state, funds equal to contributions that would have been made by the state had the member been in state service for the period of his or her public service with respect to members who were not employed by the state prior to entering that federal employment or whose state service prior to entering that federal employment was terminated for reasons other than the transfer of the function. (g) Employment in a district, prior to the time the district became a subsidiary district of a city, of a person who was employed by the city following the reorganization to render service to the district and who became a member in that employment. (Amended by Stats. 2000, Ch. 489, Sec. 9. Effective January 1, 2001.)
  11. 21020.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Credit for Public Service [21020 - 21039] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section defines certain fellowship employment as public service, lets a member choose service credit before retirement by making required contributions, and does not apply to contracting agencies or their employees unless the agency elects coverage.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Credit for Public Service [21020 - 21039] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21020.5. (a) “Public service” also means time, on or after October 14, 1991, during which a person was employed under the California Senate Fellows, the Assembly Fellowship, or the Executive Fellowship programs, and time, on or after January 1, 2003, during which a person was employed under the Judicial Administration Fellowship program. (b) A member may elect at any time prior to retirement to receive service credit for that public service by making the contributions as specified in Sections 21050 and 21052. (c) 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. 2002, Ch. 56, Sec. 5. Effective January 1, 2003.)
  12. 21021.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 5. Credit for Public Service [21020 - 21039] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section defines “public service” for certain community college student body organization employees and requires the county or district superintendent to requisition funds for the related employer contribution amount. The governing board may also choose a method to recover part or all of that 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 5. Credit for Public Service [21020 - 21039] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21021. “Public service” for the employee of a student body organization, that is not a contracting agency, of a community college, means the period of employment prior to becoming a member of the permanent classified service of the district pursuant to Section 76060 or 88020 of the Education Code. The county superintendent of schools or superintendent of schools of an independently contracting community college district shall draw a requisition against the funds of the community college district for an amount equal to the total employer contribution that would have been requisitioned under Section 20617 had that service been rendered in the employ of the community college district and the employer rate and member compensation on the date of transfer had been in effect throughout the period of service credited. The governing board may, at its discretion, establish a method of recovering a portion of, or the total liability for, the amount so requisitioned. (Amended by Stats. 2000, Ch. 489, Sec. 10. Effective January 1, 2001.)
  13. 21022.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 5. Credit for Public Service [21020 - 21039] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section treats certain layoff time as public service for eligible local full-time employees, but only up to one year per layoff period and subject to purchase and redeposit requirements.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 5. Credit for Public Service [21020 - 21039] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21022. “Public service,” with respect to a local member who is a full-time employee, also means any time on or after January 1, 1981, but not to exceed 12 months, during which the local member is laid off. In the event the member becomes subject to membership through employment in another member classification during the layoff period, any service credit accumulated through and contributions associated with the intervening employment shall be revoked upon election by the member to purchase public service credit as provided by this section. The service credit provided by this section shall not exceed one year for each layoff period and shall be provided to any person who: (1) returns within 12 months of the date of layoff to full-time employment under the procedures of the employer for returning laid-off employees to work; (2) elects to purchase the public service credit within three years of return to work or the effective date of the contract amendment to become subject to this section; and (3) redeposits any contributions which had been withdrawn at the commencement of, or during, the period of the layoff. 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. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  14. 21023.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 5. Credit for Public Service [21020 - 21039] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section defines certain military-related time as “public service” for some state members, sets conditions for receiving credit, requires payment of contributions and interest, and caps the credit at 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 5. Credit for Public Service [21020 - 21039] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21023. (a) “Public service” with respect to a state member, other than a university member, also means the following: (1) Time during which the member was a prisoner of war involving the United States, plus the time, if any, during which a member was hospitalized following his or her release from captivity for a disabling wound, injury, or disease directly attributable to that captivity but not to include hospitalization after the member’s honorable and permanent medical separation from the armed forces. (2) Time between the onset of the member’s disabling wound, injury, or disease, directly attributable to service in combat with the armed forces during a war involving the United States, and the date of the member’s honorable and permanent medical separation from the armed forces due to the disabling condition, if the member has a permanent disability rating in excess of 50 percent, that percentage having been determined under applicable federal law. (b) For the purposes of this section, a war involving the United States exists in any of the following circumstances: (1) Whenever Congress has declared war and peace has not been formally restored. (2) Whenever the United States is engaged in active military operations against any foreign power, whether or not a war has been formally declared. (3) Whenever the United States is assisting the United Nations, in actions involving the use of the armed forces, to maintain or restore international peace and security. (c) A member electing to receive credit for public service under this section shall pay the contributions and interest required pursuant to Section 21033. (d) This section shall apply to a member only if the member elects to receive credit while he or she is a state member, other than a university member, and he or she is credited with at least 10 years of service as a state member, other than a university member, on the date of the election. (e) The maximum public service credit that may be received pursuant to this section is five years. (f) This section shall not apply to any member receiving military retirement pay as described in Section 20896 or disability retirement pay as described in Section 20897. (g) Except as provided in subdivision (f), this section shall apply to a state member, other than a university member, who leaves or has left employment with the state, subsequently meets or has subsequently met the conditions specified in subdivisions (a) and (b), and thereafter returns or thereafter has returned to service as a state member, other than a university member, is not entitled to receive the service credit pursuant to Section 20991 or 20997. (Amended by Stats. 2000, Ch. 489, Sec. 11. Effective January 1, 2001.)
  15. 21023.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Credit for Public Service [21020 - 21039] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Certain volunteer service can count as public service, up to three years, and a member who elects that credit must make specified 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 5. Credit for Public Service [21020 - 21039] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21023.5. (a) “Public service” for purposes of this article also means time served, not to exceed three years, as a volunteer in the Peace Corps, AmeriCorps VISTA (Volunteers In Service To America), or AmeriCorps. (b) 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. (c) Any member electing to receive credit for service under this section shall make the contributions as specified in Sections 21050 and 21052. This section applies to past and future service in the Peace Corps, AmeriCorps VISTA (Volunteers In Service To America), or AmeriCorps. (Amended by Stats. 2002, Ch. 546, Sec. 1. Effective January 1, 2003.)
  16. 21024.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 5. Credit for Public Service [21020 - 21039] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section defines certain military service as public service for some local members and sets rules for claiming 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 5. Credit for Public Service [21020 - 21039] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21024. (a) “Public service” with respect to a local member, other than a school member, also means active service with the Armed Forces of the United States or the Merchant Marine of the United States, including time during any period of rehabilitation afforded by the United States government other than a period of rehabilitation for purely educational purposes, and for six months thereafter prior to the member’s first employment by the employer under this section in which the employee was a member. (b) Any member electing to receive credit for that public service shall make the contributions as specified in Sections 21050 and 21052. However, any eligible member who requests costing of service credit between January 1, 2001, and December 31, 2003, may, instead of making those contributions, make the payment calculated under this article as it read on December 31, 2000, which payment shall be made in the manner described in Section 21050. (c) The public service under this section shall not include military service in any period for which credit is otherwise given under this article or Article 4 (commencing with Section 20990), or to the extent that total credit under this section would exceed four years. (d) Notwithstanding Section 21034, a member may select which of two or more periods of service entitles the member to receive public service under this section. (e) This section shall apply to a member only if the member elects to receive credit while in state service in the employment of one employer on or after the date of the employer’s election to be subject to this section. (f) An employer shall inform a new employee at the time of hire of their rights to purchase service credit under this section. (Amended by Stats. 2023, Ch. 131, Sec. 83. (AB 1754) Effective January 1, 2024.)
  17. 21024.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Credit for Public Service [21020 - 21039] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    For a local firefighter, “public service” also includes certain prior civilian federal or state firefighter service if it was ended because a federal military installation closed, downsized, or was realigned. The section does not apply to contracting agencies or their employees unless the agency elects to be covered by contract or contract amendment.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Credit for Public Service [21020 - 21039] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21024.5. (a) “Public service” with respect to a member who is a local firefighter also means time served, before becoming a member, as a permanent career civilian federal firefighter or permanent career state firefighter in a position whose principal duties consist of active fire suppression or law enforcement and that service was terminated as a direct consequence of the closure, downsizing, or realignment of a federal military installation. (b) 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. 2006, Ch. 834, Sec. 2. Effective January 1, 2007.)
  18. 21025.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 5. Credit for Public Service [21020 - 21039] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    “Public service” includes certain service rendered to a public agency when that agency or its function is taken over by a contracting agency or a later contracting public agency. The section does not apply to a contracting agency or its employees until the agency elects to be subject to it by contract or contract amendment.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Credit for Public Service [21020 - 21039] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21025. “Public service” with respect to a local member also means service rendered 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. 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. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  19. 21025.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Credit for Public Service [21020 - 21039] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section lets a member elect public-service credit, requires contributions if the member elects, and defines certain past school-related service as “public service” if specific 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 5. Credit for Public Service [21020 - 21039] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21025.5. (a) “Public service” with respect to a school member or a retired school member also means service rendered on or after June 30, 1977, and prior to June 30, 1982, to an independent data processing center formed pursuant to former Article 2 (commencing with Section 10550) of Chapter 6 of Part 7 of Title 1 of the Education Code, as it read on December 31, 1990, if all of the following conditions are met: (1) The member was a school member prior to employment with the independent data processing center. (2) The member returned to school employment following termination of his or her employment with the independent data processing center. (3) The member received a refund of the contributions he or she made to the system during his or her employment with the independent data processing center. (b) A retirement allowance of a retired school member who elects to receive service credit for public service pursuant to this section shall be increased only with respect to the allowance payable on and after the first day of the month following the date the election is received. (c) A member may elect to receive credit for public service pursuant to this section at any time. (d) Any member electing to receive credit for service under this section shall make the contributions as specified in Sections 21050 and 21052. (Added by Stats. 2003, Ch. 560, Sec. 1. Effective January 1, 2004.)
  20. 21026.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 5. Credit for Public Service [21020 - 21039] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    For local members, “public service” includes work for certain California nonprofit corporations serving firefighters. The section does not apply to contracting agencies or their employees unless the agency elects coverage by contract or contract amendment.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Credit for Public Service [21020 - 21039] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21026. “Public service” with respect to a local member also means service rendered to any California nonprofit corporation whose function is to serve firefighters employed by state and local agencies. 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. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  21. 21027.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 5. Credit for Public Service [21020 - 21039] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section lets certain retired persons count specified public service, but they must make the required contributions unless a limited 2001–2003 payment option applies.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Credit for Public Service [21020 - 21039] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21027. (a) “Public service” with respect to a local member who retired pursuant to this part before the effective date of the election of their employer to be subject to Section 21024 also means active service with the Armed Forces of the United States or the Merchant Marine of the United States, including time during any period of rehabilitation afforded by the United States government other than a period of rehabilitation for purely educational purposes, and for six months thereafter prior to the person’s first employment by the employer under this section in which the person was a member. (b) Any retired person electing to receive credit for that public service shall make the contributions as specified in Sections 21050 and 21052. However, any eligible member who requests costing of service credit between January 1, 2001, and December 31, 2003, may, instead of making those contributions, make the payment calculated under this article as it read on December 31, 2000, which payment shall be made in the manner described in Section 21050. (c) The public service shall not include military service in any period for which credit is otherwise given under this article or Article 4 (commencing with Section 20990), or to the extent that total credit under this section would exceed four years. (d) Notwithstanding Section 21034, a retired person may select which of two or more periods of service entitles the retired person to receive public service under this section. (e) This section shall apply to a retired person only if that person retired immediately following service as a local member, pursuant to this part, and before the effective date of the election by their employer to be subject to Section 21024. (f) The retirement allowance of a retired person who elects to receive service credit pursuant to this section shall be increased only with respect to the allowance payable on and after the effective date of the election. (Amended by Stats. 2022, Ch. 196, Sec. 3. (SB 1402) Effective January 1, 2023.)
  22. 21028.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 5. Credit for Public Service [21020 - 21039] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    “Public service” includes certain irregular employment when the person is excluded from 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 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Credit for Public Service [21020 - 21039] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21028. “Public service” also means service in temporary, seasonal, limited term, on call, emergency, intermittent, substitute, or other irregular employment in which a person is excluded from membership. (Amended by Stats. 1999, Ch. 83, Sec. 80. Effective January 1, 2000.)
  23. 21029.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 5. Credit for Public Service [21020 - 21039] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section lets certain members and retired former employees get public service credit for qualifying U.S. Armed Forces or Merchant Marine service, but not if the service ended in dishonorable discharge.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 5. Credit for Public Service [21020 - 21039] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21029. (a) “Public service” with respect to a state member or a school member or with respect to a retired former state employee or a retired former school employee, who retired on or after December 31, 1981, also means active service, prior to entering this system as a state member or as a school member, of not less than one year in the Armed Forces of the United States, or, active service, prior to entering this system as a state or school member, of not less than one year in the Merchant Marine of the United States. Public service credit shall not be granted if the service described above terminated with a discharge under dishonorable conditions. The public service credit to be granted for that service shall be on the basis of one year of credit for each year of credited state service, but shall not exceed a total of four years of public service credit regardless of the number of years of either that service or subsequent state service. A state member or a school member or a retired former state employee or a retired former school employee electing to receive a credit for that public service shall have been credited with at least one year of state service on the date of election or the date of retirement. (b) An election by a state member or a school member with respect to public service under this section may be made only while the member is in state, university, or school employment, and a retired former employee shall have retired immediately following service as a state member or as a school member. The retirement allowance of a retired former state employee or a retired former school employee, who elects to receive public service credit pursuant to this section shall be increased only with respect to the allowance payable on and after the date of election. For the purposes of this section, a member as described in subdivision (d) of Section 20776, shall also mean a former state employee or a former school employee, who retired on or after December 31, 1981. (c) A member or retired former employee who elects to become subject to this section shall make the contributions as specified in Sections 21050 and 21052. (d) The board has no duty to locate or notify any eligible former member who is currently retired or to provide the name or address of any such retired person, agency, or entity for the purpose of notifying those persons. (e) An employer shall inform a new employee at the time of hire of their rights to purchase service credit under this section. (Amended by Stats. 2022, Ch. 196, Sec. 4. (SB 1402) Effective January 1, 2023.)
  24. 21029.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Credit for Public Service [21020 - 21039] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section defines some California National Guard service as “public service,” bars granting public service credit if the service ended in other-than-honorable discharge, and requires a member who buys this credit to pay specified 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 5. Credit for Public Service [21020 - 21039] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21029.5. (a) “Public service” with respect to a state member also means all periods of service rendered as an officer, warrant officer, or a person in the enlisted ranks of the California National Guard prior to electing membership in this system pursuant to Section 20326. “Public service” also means an officer, warrant officer, or a person in the enlisted ranks of the California National Guard rendering service authorized by Title 10 of the United States Code. Public service may not be granted if the service described in this section was terminated by a discharge under other than honorable conditions. (b) A member who elects to purchase service credit for public service under this section shall pay the contributions described in Sections 21050 and 21052. (Added by Stats. 2007, Ch. 355, Sec. 20. Effective January 1, 2008.)
  25. 21030.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 5. Credit for Public Service [21020 - 21039] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section defines “public service,” requires a member who elects credit to make specified contributions, and lets certain eligible members use an alternative payment method for requests made in 2001–2003.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 5. Credit for Public Service [21020 - 21039] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21030. (a) “Public service” for purposes of this article also means employment under a program sponsored by, and financed at least in part by, the Comprehensive Employment and Training Act of 1973, as amended. (b) Notwithstanding any other provision of law, a member electing to receive credit for public service under this section shall make the contributions as specified in Sections 21050 and 21052. However, any eligible member who requests costing of service credit between January 1, 2001, and December 31, 2003, may, instead of making those contributions, make the payment calculated under this article as it read on December 31, 2000, which payment shall be made in the manner described in Section 21050. (c) Benefits arising from service credited to a member under this section shall become a liability of the employer for which the service was rendered. (Amended by Stats. 2000, Ch. 489, Sec. 16. Effective January 1, 2001.)
  26. 21031.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 5. Credit for Public Service [21020 - 21039] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A member who wants credit for certain public service must make the required contributions, and the election can be made before retirement.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Credit for Public Service [21020 - 21039] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21031. (a) “Public service” also means employment by a contracting agency before the effective date of its contract with the board, and is limited to that portion of the service that the agency does not provide in its contract for inclusion as prior service. (b) A member electing to receive credit for that public service shall make the contributions as specified in Sections 21050 and 21051. The election may be made at any time prior to retirement. (c) If the contracting agency subsequently amends its contract to include a greater percentage of final compensation as prior service, the electing member shall be refunded that portion of his or her contributions made under this section as represents the additional prior service percentage contracted for by the agency plus interest at the crediting rate. (d) If the agency pays all or a portion of the normal contributions required to be paid by a member, the contributions required under this section shall be based upon the normal contribution rate that would be applicable to that member if the agency were not paying any normal contributions under Section 20690 or 20691. (e) This section shall not apply to any contracting agency 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 March 1, 1982, by express provision in the contract making the contracting agency subject to the provisions of this section. The amendments to this section made during the second year of the 1999–2000 Regular Session shall apply to contracts subject to this section on January 1, 2001. (Amended by Stats. 2000, Ch. 489, Sec. 17. Effective January 1, 2001.)
  27. 21032.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 5. Credit for Public Service [21020 - 21039] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A member may elect, before retirement, to buy credit for public service, subject to board regulations and certain payment requirements.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 5. Credit for Public Service [21020 - 21039] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21032. A member may elect at any time prior to retirement, in accordance with regulations of the board, to receive credit for public service, under any of the definitions in this article, in addition to his or her current and prior service credit. An election shall be effective only if accompanied by a lump-sum payment of the contributions and interest required for the credit or by authorization for immediate institution of payroll deduction of installment payment of the contributions and interest. The right of election is subject to Sections 20894 and 20961, and shall be ineffective with respect to any time or employment for which the member subsequently becomes entitled to or eligible to elect to receive service credit in another system supported in whole or in part from public funds, in which case accumulated contributions on deposit for the period of service credit shall be paid to the member. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  28. 21033.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 5. Credit for Public Service [21020 - 21039] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A member who elects to receive credit for public service must pay the required contribution, either as a lump sum or in installments, with minimum payments set by 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 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Credit for Public Service [21020 - 21039] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21033. A member electing to receive credit for public service shall contribute in a lump sum or by installment payments over that period and subject to minimum payments as may be prescribed by regulations of the board an amount equal to (a) the contributions he or she would have made to this system for the period for which current service credit is granted, assuming that the rate of contribution under his or her employer’s formula at the rate age applicable to him or her at the beginning of his or her first subsequent period of service in membership and his or her compensation earnable on that date had applied to him or her during the period for which credit is granted, plus (b) the added contribution that may be specially required under this article as a condition for crediting particular public service, plus (c) the interest which would have accrued to those contributions if they had been deposited at the beginning date of his or her first subsequent period of service in membership, from that date until the date of completion of payments, and (d) if he or she elects to contribute 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 receive credit. The beginning date of the first subsequent period of service for purposes of computation of contribution and interest shall be deemed to be the end of the period of service credited for a member who has no subsequent return to service. For a member who is subject to Section 21076 or 21076.5, and Section 21077, the service and contribution rate to be used for purposes of computation shall be deemed to be the service and contribution rate that would have been used had the member not been subject to Section 21076 or 21076.5, and Section 21077. (Amended by Stats. 2013, Ch. 526, Sec. 16. (SB 220) Effective January 1, 2014.)
  29. 21034.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 5. Credit for Public Service [21020 - 21039] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Public service may be credited as current or prior service, but prior service credit is limited unless the member has contributed for the other public service needed to elect current-service credit. Credited public service benefits must be calculated using the member’s contribution formula.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Credit for Public Service [21020 - 21039] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21034. Public service may be credited as current or prior service, or both, as it would be credited if the member had been in state service during his or her public service. Credit shall not be granted for public service which would be credited as prior service unless the member has contributed for all other “public service” for which he or she is entitled to elect to receive credit as current service with the employer where the prior service is to be credited. Benefits based on credited public service shall be computed according to the formula determining the member’s contribution for that service credit. “Public service,” as defined in subdivisions (a), (b), and (c) of Section 21020 to a member who at membership became subject to a reduced or modified retirement allowance formula because of coordination with the federal system shall be subject to that modified formula to the extent that the service was rendered to any contracting agency in which that modified formula applies after the effective date of coverage under the federal system of members in the employ of that agency. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  30. 21035.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 5. Credit for Public Service [21020 - 21039] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    If benefits for credited service exceed the amount paid from member contributions, the excess must be paid from the employer’s 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 5. Credit for Public Service [21020 - 21039] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21035. Benefits based on service credited under this article in excess of the portion paid from member contributions shall be paid from the contributions of the employer in whose employment the service was rendered or the right to receive the service credit for an employment constituting public service was acquired, whichever the case may be. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  31. 21037.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 5. Credit for Public Service [21020 - 21039] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Members and certain survivors may cancel installment payments for service credit prospectively if specified conditions are met, with strict filing deadlines and no refund for prior installment payments.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Credit for Public Service [21020 - 21039] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21037. Notwithstanding any other provision of law, the following shall apply: (a) A member who has elected to receive credit for service by contributing in installments and who retires for disability on or after January 1, 2004, when the election for service credit does not increase the member’s allowance payable, may elect to cancel the installments prospectively. The member’s election may be received by the system no more than 30 days after the date on which the member’s retirement for disability is approved. The effective date of the member’s election shall be the effective date of the member’s retirement for disability. No refund of contributions paid in installments prior to the effective date of the member’s election may be payable to a member or retired member as a result of an election made by a member pursuant to this section. (b) A member’s election pursuant to this section shall be void, and installment payments shall resume, upon a member’s reinstatement from retirement for disability. The remaining balance due shall be recalculated to include interest during the disability retirement period. (c) On or after January 1, 2004, the survivor of a member who elected to receive credit for service by contributing in installments, when the survivor is eligible to receive an allowance subject to Section 21541, may elect to cancel the installments prospectively when the election for service credit does not increase the survivor’s allowance payable. The survivor’s election shall be received by the system no more than 30 days after the member’s date of death. The effective date of the survivor’s election shall be the member’s date of death. No refund of contributions paid in installments prior to the member’s date of death may be payable as a result of an election made by a survivor pursuant to this section. (d) A survivor’s election pursuant to this section shall be void, and installment payments shall resume, upon a determination that the death was not industrial, following payment of a temporary special death benefit allowance, provided that the survivor is then entitled to a monthly allowance under Section 21546, 21547, 21547.7, or 21548. The remaining balance due shall be recalculated to include interest during the temporary special death benefit period. (e) A member who retired for disability prior to January 1, 2004, or the survivor of a deceased disability retiree who began receiving a postretirement death benefit allowance prior to January 1, 2004, or the survivor of a member who began receiving an allowance subject to Section 21541 prior to January 1, 2004, may elect to cancel installments prospectively when the election for service credit does not increase the allowance payable. The effective date of the election shall be the date that the election is received by this system. No refund of contributions paid in installments prior to the effective date of the election may be payable pursuant to this section. (f) Notwithstanding any other provision of this section, any election with an effective date on or after January 1, 2020, shall be subject to subdivision (e) of Section 20776. (Amended by Stats. 2018, Ch. 168, Sec. 2. (AB 2196) Effective January 1, 2019.)
  32. 21038.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 5. Credit for Public Service [21020 - 21039] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    All member contributions under this article are treated and administered as normal contributions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Credit for Public Service [21020 - 21039] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21038. All contributions of a member under this article shall be considered to be and shall be administered as normal contributions. (Repealed and added by Stats. 1996, Ch. 906, Sec. 128. Effective January 1, 1997.)
  33. 21039.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 5. Credit for Public Service [21020 - 21039] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A qualifying safety member may stop installment payments for service credit prospectively if the member retired or retires due to industrial disability and the election does not increase the allowance payable.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 5. Credit for Public Service [21020 - 21039] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21039. (a) Notwithstanding any other provision of law, a safety member, as defined in subdivision (b) of Section 20371, who has elected to receive credit for service by making contributions in installment payments and who retires or has retired due to industrial disability while making those payments, may elect to cancel the payments prospectively if the election to receive credit for service does not increase the member’s allowance payable. The effective date of the member’s election to cancel payments shall be the first day of the month following receipt of the election by the system. No refund of contributions paid in installments prior to the effective date of the member’s election to cancel the payments shall be payable to a member or retired member as a result of an election made by a member pursuant to this section. (b) A member’s election pursuant to this section shall be void, and the installment payments shall resume, upon a member’s reinstatement from retirement for industrial disability. The remaining balance due shall be recalculated to include interest during the industrial disability retirement period. (c) Except as set forth in subdivision (d), nothing in this section shall be construed to limit any right or benefit granted pursuant to Section 20776 or 21037, as amended by Senate Bill 268 of the 2003–04 Regular Session. (d) Notwithstanding any other provision of this section, any election with an effective date on or after January 1, 2020, shall be subject to subdivision (e) of Section 20776. (Amended by Stats. 2018, Ch. 168, Sec. 3. (AB 2196) Effective January 1, 2019.)
  34. 21050.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 6. Service Credit Election and Cost Calculation [21050 - 21054] ( Article 6 added by Stats. 2000, Ch. 489, Sec. 18. )

    Verify source ↗

    Members can elect service credit payment options only if paired with the required payment method, and there are limits on suspending, canceling, and repurchasing installment-based 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 6. Service Credit Election and Cost Calculation [21050 - 21054] ( Article 6 added by Stats. 2000, Ch. 489, Sec. 18. ) ## 21050. (a) An election by a member to receive credit for service under this part, in addition to his or her current and prior service credit, shall be effective only if accompanied by a lump-sum payment or an authorization for payments, other than a lump-sum payment, in accordance with regulations of the board. (b) If a member electing to receive credit for service under this part is authorized to pay for that service in installment payments beginning on or after January 1, 2004, the amount of the installment payments shall include an actuarial adjustment, as determined by the chief actuary, as necessary to take into account the provisions of Section 21037. The amount of the actuarial adjustment may not exceed one-half of 1 percent of the total installment payment. (c) (1) A member authorized to pay for credit for service in after-tax installments may elect in writing, including by verified electronic transaction, at any time prior to retirement, to suspend after-tax installment payments for a period not to exceed 12 months. Installment payments shall automatically resume at the end of the suspension period, or earlier if requested by the member. A member may not elect an additional suspension of those installment payments for the same service for three years following the resumption of installment payments. (2) The balance due at the end of a suspension period shall be recalculated to include interest accrued during the suspension. (3) (A) A member who retires during the suspension period may, prior to retirement, elect to do one of the following: (i) Make a lump-sum payment for the recalculated balance due. (ii) Cancel installment payments in the manner specified in subdivision (d). (iii) On or after January 1, 2020, reduce his or her allowance by the actuarial equivalent of the recalculated balance remaining unpaid by the member. (B) Failure by a member to make an election under subparagraph (A) shall result in the resumption of installment payments as of his or her date of retirement, or for elections with an initial effective date on or after January 1, 2020, the member shall have his or her allowance reduced by the actuarial equivalent of the recalculated balance remaining unpaid by the member. (d) A member authorized to pay for credit for service in after-tax installments may elect in writing, including by verified electronic transaction, at any time prior to retirement, to prospectively cancel payment of the remaining unpaid balance for those installment payments. (1) An election shall be effective upon the earlier of the member’s retirement date, or the first day of the month following approval by the system of the election. (2) Service credited to the member’s account shall be reduced in proportion to the balance of the total amount remaining unpaid on the effective date of the cancellation. If the member elects to cancel during or at the end of a suspension period, the balance shall include any interest accrued and unpaid during the suspension period. (3) Installment payments shall not be canceled for any of the following: (A) Contribution or service credit adjustments required by law or agreement. (B) A tier election pursuant to Article 2 (commencing with Section 21070) of Chapter 12 of Part 3 of Division 5 of Title 2. (C) The purchase of service credit subject to a community property division by way of court judgment, domestic relations, or other court order or settlement agreement. (e) If a member who has not elected to suspend installment payments pursuant to subdivision (c) fails to make after-tax installment payments when due for a period of 12 months, the board may cancel the remaining unpaid balance in the same manner and with the same effect as if the member had elected to cancel his or her installment payments pursuant to subdivision (d). (f) Prior to retirement, a member may elect to purchase that portion of the service credit not credited to his or her account as a result of a cancellation executed pursuant to subdivision (d) or (e). A member shall not make an election for three years following the effective date of the cancellation unless the member retires before the conclusion of that period. (1) A member who elects to purchase that service credit shall contribute an amount equal to the sum of the following: (A) The remaining unpaid balance of the canceled installment payments. (B) Interest from the effective date of the cancellation until the date of completion of payment. (C) If the member elects to contribute in installment payments, interest on the unpaid balance of the amount payable, beginning on the date of the election to receive credit through completion of payments. (2) Notwithstanding Section 575.1 of Title 2 of the California Code of Regulations, the interest rate applicable to the amount due for this election shall be the interest rate applicable to the canceled installment payments. (Amended by Stats. 2018, Ch. 168, Sec. 4. (AB 2196) Effective January 1, 2019.)
  35. 21051.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 6. Service Credit Election and Cost Calculation [21050 - 21054] ( Article 6 added by Stats. 2000, Ch. 489, Sec. 18. )

    Verify source ↗

    A member who elects to receive service credit under this section must pay an amount calculated from required contributions and interest.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 6. Service Credit Election and Cost Calculation [21050 - 21054] ( Article 6 added by Stats. 2000, Ch. 489, Sec. 18. ) ## 21051. (a) A member electing to receive credit for service subject to this section shall contribute, in accordance with Section 21050, an amount equal to the following: (1) The contributions the member would have made to the system for the period for which current service credit is granted, assuming that the rate of contribution under his or her employer’s formula at the rate age applicable to him or her at the beginning of his or her first subsequent period of service in membership and his or her compensation earnable on that date had applied to the member during the period for which credit is granted. (2) The interest that would have accrued on those contributions if they had been deposited at the beginning date of his or her first subsequent period of service in membership, from that date until the date of completion of payments. (3) If the member is authorized under Section 21050 to contribute in other than a lump-sum payment, interest on the unpaid balance of the amounts payable under paragraphs (1) and (2), which interest shall begin to accrue as of the date of the election to receive credit. (b) The beginning date of the first subsequent period of service, for purposes of computation of contributions and interest, shall be deemed to be the end of the period of service credited for a member who has no subsequent return to service. (Amended by Stats. 2003, Ch. 10, Sec. 23. Effective May 14, 2003.)
  36. 21052.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 6. Service Credit Election and Cost Calculation [21050 - 21054] ( Article 6 added by Stats. 2000, Ch. 489, Sec. 18. )

    Verify source ↗

    A member or retired former employee who elects service credit under this section must pay a contribution based on the increase in employer liability, and the chief actuary and board handle the methodology for calculating 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 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 6. Service Credit Election and Cost Calculation [21050 - 21054] ( Article 6 added by Stats. 2000, Ch. 489, Sec. 18. ) ## 21052. A member or retired former employee who elects to receive service credit subject to this section shall contribute, in accordance with Section 21050, an amount equal to the increase in employer liability, using the payrate and other factors affecting liability on the date of the request for costing of the service credit. The methodology for calculating the amount of the contribution shall be determined by the chief actuary and approved by the board. A member or retired former employee electing to receive service credit for service subject to Section 21076, 21076.5, or 21077 shall pay the contributions as described. (Amended by Stats. 2013, Ch. 526, Sec. 17. (SB 220) Effective January 1, 2014.)
  37. 21052.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 6. Service Credit Election and Cost Calculation [21050 - 21054] ( Article 6 added by Stats. 2000, Ch. 489, Sec. 18. )

    Verify source ↗

    A qualifying National Guard member may choose to receive service credit under specified code sections or under a contribution-paying 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 6. Service Credit Election and Cost Calculation [21050 - 21054] ( Article 6 added by Stats. 2000, Ch. 489, Sec. 18. ) ## 21052.5. A person who is solely a National Guard member or who retires from membership in this system solely as a National Guard member may elect to receive service credit under either of the following: (a) The National Guard member elects to receive service credit pursuant to Section 20750, 20751, 20751.5, or 20753. (b) The National Guard member elects to receive service credit pursuant to a provision that requires the member to pay contributions as described in Sections 21050 and 21052. (Added by Stats. 2007, Ch. 355, Sec. 21. Effective January 1, 2008.)
  38. 21053.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 6. Service Credit Election and Cost Calculation [21050 - 21054] ( Article 6 added by Stats. 2000, Ch. 489, Sec. 18. )

    Verify source ↗

    Contributions of a member under this article must be treated and administered as normal contributions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 11. Service Credit [20890 - 21054] ( Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 6. Service Credit Election and Cost Calculation [21050 - 21054] ( Article 6 added by Stats. 2000, Ch. 489, Sec. 18. ) ## 21053. All contributions of a member under this article shall be deemed to be and shall be administered as normal contributions. (Added by Stats. 2000, Ch. 489, Sec. 18. Effective January 1, 2001.)
  39. 21054.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 6. Service Credit Election and Cost Calculation [21050 - 21054] ( Article 6 added by Stats. 2000, Ch. 489, Sec. 18. )

    Verify source ↗

    Certain members or retired members who bought military service credit in the stated period may ask for the cost to be recalculated before final payment, must pay the lower recalculated amount if it is lower, and cannot receive a refund from that recalculation.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 6. Service Credit Election and Cost Calculation [21050 - 21054] ( Article 6 added by Stats. 2000, Ch. 489, Sec. 18. ) ## 21054. Notwithstanding any other provision of law, a member or retired member who elected to purchase military service credit under Section 21024 or 21027 on or after January 1, 1999, and prior to January 1, 2001, may, at any time prior to making the final payment for the service credit, elect to have the cost of that service credit recalculated pursuant to Section 21052. If that cost as recalculated under Section 21052 is less than the cost as originally calculated, the member or retired member shall pay the lesser amount, with credit for the payments previously made. However, no refund shall be payable to a member or retired member as a result of the recalculation of cost pursuant to this section. (Amended by Stats. 2001, Ch. 793, Sec. 19. Effective January 1, 2002.)
  40. 21060.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. Voluntary Service Retirement [21060 - 21063] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A member may be retired for service after a written application if the member is 50 or older and has five years of state service, subject to listed exceptions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. Voluntary Service Retirement [21060 - 21063] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21060. (a) A member shall be retired for service upon his or her written application to the board if he or she has attained 50 years of age and is credited with five years of state service, except as provided in Sections 7522.20, 21061, 21062, and 21074. (b) For purposes of this section, “state service” includes service to the state for which the member, pursuant to Section 20281.5, did not receive credit. (c) For a member who has accrued service credit subject to the benefit formula in Section 7522.20 and who has also accrued service credit, within this retirement system, subject to a benefit formula with a minimum retirement age earlier than 52 years of age, the member shall receive an actuarially reduced equivalent benefit, upon retirement, for service subject to Section 7522.20, if the member retires before 52 years of age but at, or after, the minimum age of retirement permitted for other service within this retirement system and the member is credited with at least five years of service. (Amended by Stats. 2013, Ch. 526, Sec. 18. (SB 220) Effective January 1, 2014.)
  41. 21061.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. Voluntary Service Retirement [21060 - 21063] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A local safety member may be retired for service on written application to the board if the age and service requirements are met, with a special rule for certain contracting-agency 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 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. Voluntary Service Retirement [21060 - 21063] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21061. (a) A local safety member, other than one subject to Section 21362 or 21362.2, shall be retired for service upon the member’s written application to the board if the member has attained the age of 55 years, and is credited with five years of state service. (b) Subdivision (a) does not apply to the employees of any contracting agency having a contract with the board made prior to September 5, 1945, which contract specifies an age greater than the age of 55 years as the minimum age for voluntary retirement for service for local safety members, until the agency elects to make subdivision (a) applicable to its employees, by amendment to its contract made in the manner prescribed for the approval of contracts, except that an election among the employees is not required. Until the contracting agency elects to make subdivision (a) applicable to its employees, a local safety member employed by the contracting agency shall be retired for service upon the member’s written application to the board if the member has attained the minimum age for voluntary retirement specified in the contract between his or her employer and the board, and is credited with five years of state service. (Amended by Stats. 2001, Ch. 21, Sec. 8. Effective June 25, 2001. Applicable from January 1, 2000, by Sec. 37 of Ch. 21.)
  42. 21062.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. Voluntary Service Retirement [21060 - 21063] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A local safety member covered by Section 21061 must be retired for service when they apply in writing to the board, if they are at least 50 and have five years of state service.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. Voluntary Service Retirement [21060 - 21063] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21062. Notwithstanding Section 21061, a local safety member to whom Section 21061 applies shall be retired for service upon his or her written application to the board if he or she has attained age 50 and is credited with five years of state service. However, if the member retires before attaining age 55, his or her prior and current service pensions shall be reduced to that amount that the value of the pensions as deferred to that minimum age will purchase at the actual age of retirement on the basis of the mortality tables and actuarial interest rate in effect with respect to those members. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  43. 21063.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. Voluntary Service Retirement [21060 - 21063] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A member may ask the employer to hold a meeting, and the employer must explain which compensation elements are or will be reported to the board as compensation earnable.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. Voluntary Service Retirement [21060 - 21063] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21063. A member may request a meeting, to be conducted by the member’s employer, at which the employer shall explain to the member the elements of the member’s past or current compensation that have been or will be reported to the board as compensation earnable. The information provided to the member at the meeting shall be provided orally and in writing and a copy of the writing shall be provided to the member for his or her records. (Added by Stats. 2002, Ch. 1139, Sec. 4. Effective January 1, 2003.)
  44. 21070.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Second Tier Retirement—State [21070 - 21077] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Certain new or returning state miscellaneous or state industrial members are covered by Section 21354.1 unless they elect Second Tier benefits within 180 days; elections filed with the board must also be signed by the member’s spouse.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Second Tier Retirement—State [21070 - 21077] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21070.5. (a) Notwithstanding any other provision of this article, a person who, on or after January 1, 2000, becomes a state miscellaneous or state industrial member of the system because the person (1) is first employed by the state, (2) returns to employment with the state from a break in service of more than 90 days, or (3) returns to employment with the state after ceasing to be a member pursuant to Section 20340 or 21075, shall be subject to the benefits provided by Section 21354.1, unless the person elects within 180 days of membership as a state miscellaneous or state industrial member to be subject to the Second Tier benefits provided for in Section 21076 or 21076.5, as applicable. This section shall only apply to state miscellaneous and state industrial members who are (1) excluded from the definition of state employee in subdivision (c) of Section 3513, (2) employed by the executive branch of government and are not members of the civil service, or (3) included in the definition of state employee in subdivision (c) of Section 3513. (b) The effective date of the election shall be the first day of the month following the date the election is received by the system and shall be applicable to state service rendered on and after that date. Any election filed with the board pursuant to this section shall also be signed by the spouse of the member. (c) A member who makes an election authorized by this section shall not be precluded from making a subsequent election pursuant to Section 21073.7 to be subject to the benefits provided by Section 21354.1. (d) Operation and application of this section are subject to the limitations set forth in Section 21251.13. (e) For a member subject to Section 20281.5, the 180-day election period shall not commence until the first day of the first pay period commencing 24 months after becoming a member of the system. (Amended by Stats. 2013, Ch. 526, Sec. 19. (SB 220) Effective January 1, 2014. Pursuant to subd. (d), section is conditionally operative as prescribed in Section 21251.13.)
  45. 21070.6.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Second Tier Retirement—State [21070 - 21077] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Certain members may receive prior service credit at no cost, and members entitled to that credit must apply to the board and identify the relevant service periods.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Second Tier Retirement—State [21070 - 21077] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21070.6. (a) A member who is subject to Section 21076, 21076.5, or 21077 may be credited at no cost with all previous state miscellaneous or state industrial service eligible to be credited under Second Tier benefits. A member who is entitled to service credit under this section shall apply for and identify time periods for that service to the board. (b) Operation and application of this section are subject to the limitations set forth in Section 21251.13. (c) This section shall only apply to service credit associated with employment periods prior to July 1, 2013. (Amended by Stats. 2013, Ch. 526, Sec. 20. (SB 220) Effective January 1, 2014. Pursuant to subd. (b), section is conditionally operative as prescribed in Section 21251.13.)
  46. 21070.7.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Second Tier Retirement—State [21070 - 21077] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Sections 21076, 21076.5, and 21077 do not apply to California National Guard service or service as a National Guard 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 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Second Tier Retirement—State [21070 - 21077] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21070.7. Notwithstanding any other provision of this part, Sections 21076, 21076.5, and 21077 shall not apply to service with the California National Guard or service as a National Guard member regardless of any prior membership status or previous election made. (Amended by Stats. 2013, Ch. 526, Sec. 21. (SB 220) Effective January 1, 2014.)
  47. 21073.1.

    ## 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 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Second Tier Retirement—State [21070 - 21077] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A member who elects certain service credit must deposit specified contributions and interest, unless the requirement is satisfied by a future allowance reduction. The board may adopt implementing regulations, and those regulations are exempt from Office of Administrative Law review.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Second Tier Retirement—State [21070 - 21077] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21073.1. (a) Effective January 1, 2000, a member who elects to receive service credit under Section 21354.1, as authorized by Section 21073.7, for time during which the member received service credit subject to Section 21076 or 21077, shall deposit an amount equal to any accumulated contributions the member withdrew pursuant to Section 20737, plus the interest that would have been credited to the member’s account had the contributions not been withdrawn, and any contributions the member would have made, plus an amount equal to the interest that would have been credited to those contributions, had the member not been subject to Section 21076 or 21077. This deposit shall be made in a lump sum or by installments, with interest through the completion of payments, over that period and subject to minimum payment amounts as may be prescribed by regulations of the board. Alternatively, this deposit requirement may be satisfied by an election to reduce the member’s allowance by the actuarial equivalent of any balance remaining unpaid by the member at the time of retirement or preretirement death. (b) Any unpaid balance with respect to an election with an effective date on or after January 1, 2020, 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. (c) The board, in addition to its general rulemaking authority under Section 20121, may adopt regulations that implement this section. Those regulations shall be exempt from review by the Office of Administrative Law. However, the board shall transmit those regulations to the Office of Administrative Law for filing with the Secretary of State and publication in the California Code of Regulations. (d) The amendments to this section enacted during the first year of the 1999−2000 Regular Session are subject to the limitations set forth in Section 21251.13. (Amended by Stats. 2018, Ch. 168, Sec. 5. (AB 2196) Effective January 1, 2019. Pursuant to subd. (d), this section is conditionally operative as prescribed in Section 21251.13.)
  48. 21073.7.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Second Tier Retirement—State [21070 - 21077] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Certain state-employed Second Tier members may elect First Tier treatment, and some past Second Tier service can also be credited under First Tier 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 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Second Tier Retirement—State [21070 - 21077] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21073.7. (a) A member subject to the Second Tier benefits provided in Section 21076 or 21077 who is employed by the state on or after January 1, 2000, may make an irrevocable election, to be filed with the board, to be subject to the First Tier benefits provided in Section 21354.1 and to make the contributions specified in Section 20677. An election to be subject to Section 21354.1 may be made at any time prior to retirement and shall be signed by the member’s spouse. An election shall be effective the first day of the month following the date the election is received by the system and shall be applicable to state service rendered on and after that date. However an election made by a member who retires prior to or on the first day of the month following the system’s receipt of the election shall be effective one day prior to the effective date of the member’s retirement. (b) A member who is employed by the state on or after January 1, 2000, with past service credited under the Second Tier may make an irrevocable election, at any time prior to retirement, to have his or her past Second Tier service credited under Section 21354.1 by making contributions specified in Section 21073.1. This subdivision shall not apply to a Second Tier member eligible to make the election provided in subdivision (a) until after the effective date of that election. (c) A member subject to modified First Tier benefits pursuant to Section 21353.5 shall become subject to Section 21353 or 21354.1, as applicable, and make contributions as specified in Section 20677. The member’s past service and contributions credited as modified First Tier under Section 21353.5 shall be converted to First Tier service and contributions and shall be subject to Section 21353 or 21354.1, as applicable. Contributions previously credited as modified First Tier and withdrawn by the member may be redeposited under the conditions specified in Section 20750, with the service credit and contributions subject to Section 21353 or 21354.1, as applicable. (d) Operation and application of this section is subject to the limitations set forth in Section 21251.13. (Amended by Stats. 2001, Ch. 21, Sec. 10. Effective June 25, 2001. Amendment applicable from January 1, 2000, by Sec. 37 of Ch. 21. Pursuant to subd. (d), this section is conditionally operative as prescribed in Section 21251.13.)
  49. 21074.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Second Tier Retirement—State [21070 - 21077] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A qualifying state member may retire for service by written application to the board if the age and service-credit conditions are met; a narrow pre-1985 exception allows retirement with less than 10 years of service at age 50.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Second Tier Retirement—State [21070 - 21077] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21074. (a) A state member who became subject to the Second Tier shall be retired for service upon his or her written application to the board if he or she has attained age 55 and is credited with 10 years of state service. (b) A state member who elected coverage under Section 21077, shall be retired for service upon his or her written application to the board if he or she has attained 50 years of age if subject to Section 21076 and is credited with five years of state service. No benefit shall be payable for service rendered under the Second Tier retirement formula unless the member has rendered 10 years of state service except as provided in subdivision (c). (c) Notwithstanding subdivision (a) or (b), a state member in the Second Tier who is credited with five years of state service prior to January 1, 1985, may retire with less than 10 years of state service upon his or her written application to the board if he or she has attained age 50. (Amended by Stats. 2014, Ch. 237, Sec. 4. (AB 2472) Effective January 1, 2015.)
  50. 21075.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Second Tier Retirement—State [21070 - 21077] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A person covered by Sections 21076, 21076.5, or 21077 stops being a member if they have under 10 years of service credit and no retirement fund contributions at termination, unless they had five years of credited service before January 1, 1985.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Second Tier Retirement—State [21070 - 21077] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21075. Notwithstanding Section 20340, a person who is subject to Section 21076, 21076.5, or Section 21077 ceases to be a member if he or she has less than 10 years of service credit and no accumulated contributions in the retirement fund at the time of termination of service, except a member who had five years of credited service prior to January 1, 1985. (Amended by Stats. 2014, Ch. 237, Sec. 5. (AB 2472) Effective January 1, 2015.)
  51. 21076.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Second Tier Retirement—State [21070 - 21077] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section sets the service retirement allowance for certain state miscellaneous or state industrial members who elected this benefit, using a table based on age at retirement and years of state miscellaneous 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 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Second Tier Retirement—State [21070 - 21077] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21076. (a) The service retirement allowance for a state miscellaneous or state industrial member who has elected the benefits of this section is a pension equal to the fraction of one-hundredth of the member’s final compensation set forth opposite the member’s age at retirement, taken to the preceding completed quarter year in the following table, multiplied by the member’s number of years of state miscellaneous service: Age at Retirement Fraction 50 ........................ 0.5000 501/4 ........................ 0.5125 501/2 ........................ 0.5250 503/4 ........................ 0.5375 51 ........................ 0.5500 511/4 ........................ 0.5625 511/2 ........................ 0.5750 513/4 ........................ 0.5875 52 ........................ 0.6000 521/4 ........................ 0.6125 521/2 ........................ 0.6250 523/4 ........................ 0.6375 53 ........................ 0.6500 531/4 ........................ 0.6625 531/2 ........................ 0.6750 533/4 ........................ 0.6875 54 ........................ 0.7000 541/4 ........................ 0.7125 541/2 ........................ 0.7250 543/4 ........................ 0.7375 55 ........................ 0.7500 551/4 ........................ 0.7625 551/2 ........................ 0.7750 553/4 ........................ 0.7875 56 ........................ 0.8000 561/4 ........................ 0.8125 561/2 ........................ 0.8250 563/4 ........................ 0.8375 57 ........................ 0.8500 571/4 ........................ 0.8625 571/2 ........................ 0.8750 573/4 ........................ 0.8875 58 ........................ 0.9000 581/4 ........................ 0.9125 581/2 ........................ 0.9250 583/4 ........................ 0.9375 59 ........................ 0.9500 591/4 ........................ 0.9625 591/2 ........................ 0.9750 593/4 ........................ 0.9875 60 ........................ 1.0000 601/4 ........................ 1.0125 601/2 ........................ 1.0250 603/4 ........................ 1.0375 61 ........................ 1.0500 611/4 ........................ 1.0625 611/2 ........................ 1.0750 613/4 ........................ 1.0875 62 ........................ 1.1000 621/4 ........................ 1.1125 621/2 ........................ 1.1250 623/4 ........................ 1.1375 63 ........................ 1.1500 631/4 ........................ 1.1625 631/2 ........................ 1.1750 633/4 ........................ 1.1875 64 ........................ 1.2000 641/4 ........................ 1.2125 641/2 ........................ 1.2250 643/4 ........................ 1.2375 65 ........................ 1.2500 (b) This section shall not apply to a National Guard member. (c) This section shall not apply to anyone who first becomes a member on or after January 1, 2013. (Amended by Stats. 2012, Ch. 296, Sec. 25. (AB 340) Effective January 1, 2013.)
  52. 21076.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Second Tier Retirement—State [21070 - 21077] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section sets the service retirement allowance formula for certain state miscellaneous or state industrial members who first joined on or after January 1, 2013 and elected this benefit, and it does not apply to National Guard 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 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Second Tier Retirement—State [21070 - 21077] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21076.5. (a) The service retirement allowance for a state miscellaneous or state industrial member who first becomes a member on or after January 1, 2013, who has elected the benefits of this section is a pension equal to the fraction of one-hundredth of the member’s final compensation set forth opposite the member’s age at retirement, taken to the preceding completed quarter year in the following table, multiplied by the member’s number of years of state miscellaneous service: Age of RetirementFraction 52 ........................ 0.6500 521/4 ........................ 0.6600 521/2 ........................ 0.6700 523/4 ........................ 0.6800 53 ........................ 0.6900 531/4 ........................ 0.7000 531/2 ........................ 0.7100 533/4 ........................ 0.7200 54 ........................ 0.7300 541/4 ........................ 0.7400 541/2 ........................ 0.7500 543/4 ........................ 0.7600 55 ........................ 0.7700 551/4 ........................ 0.7800 551/2 ........................ 0.7900 553/4 ........................ 0.8000 56 ........................ 0.8100 561/4 ........................ 0.8200 561/2 ........................ 0.8300 563/4 ........................ 0.8400 57 ........................ 0.8500 571/4 ........................ 0.8600 571/2 ........................ 0.8700 573/4 ........................ 0.8800 58 ........................ 0.8900 581/4 ........................ 0.9000 581/2 ........................ 0.9100 583/4 ........................ 0.9200 59 ........................ 0.9300 591/4 ........................ 0.9400 591/2 ........................ 0.9500 593/4 ........................ 0.9600 60 ........................ 0.9700 601/4 ........................ 0.9800 601/2 ........................ 0.9900 603/4 ........................ 1.0000 61 ........................ 1.0100 611/4 ........................ 1.0200 611/2 ........................ 1.0300 613/4 ........................ 1.0400 62 ........................ 1.0500 621/4 ........................ 1.0600 621/2 ........................ 1.0700 623/4 ........................ 1.0800 63 ........................ 1.0900 631/4 ........................ 1.1000 631/2 ........................ 1.1100 633/4 ........................ 1.1200 64 ........................ 1.1300 641/4 ........................ 1.1400 641/2 ........................ 1.1500 643/4 ........................ 1.1600 65 ........................ 1.1700 651/4 ........................ 1.1800 651/2 ........................ 1.1900 653/4 ........................ 1.2000 66 ........................ 1.2100 661/4 ........................ 1.2200 661/2 ........................ 1.2300 663/4 ........................ 1.2400 67 ........................ 1.2500 (b) This section shall not apply to a National Guard member. (Added by Stats. 2012, Ch. 296, Sec. 26. (AB 340) Effective January 1, 2013.)
  53. 21077.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Second Tier Retirement—State [21070 - 21077] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section sets the service retirement allowance formula for a qualifying state miscellaneous or state industrial member who elects to be covered by it, and it does not apply to National Guard 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 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Second Tier Retirement—State [21070 - 21077] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21077. (a) The service retirement allowance for a state miscellaneous or state industrial member who elects to be subject to this section shall be: the sum of the allowance for service rendered under the Second Tier retirement formula, computed pursuant to Section 21076, added to the allowance for service rendered as a state miscellaneous or state industrial member covered under the First Tier formula, computed pursuant to Section 21353 or 21354.1, as applicable. (b) This section shall not apply to a National Guard member. (Amended by Stats. 2007, Ch. 355, Sec. 24. Effective January 1, 2008.)
  54. 21090.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Second Tier Retirement—Contracting Agencies [21090 - 21100] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A contracting agency’s governing body may establish a two-tiered retirement system developed 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 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Second Tier Retirement—Contracting Agencies [21090 - 21100] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21090. (a) The governing body of a contracting agency may establish a two-tiered retirement system developed by the board . (b) It is the intent of the Legislature to make a two-tiered retirement system a matter for bargaining pursuant to provisions of law relating to employer-employee relations. (Amended by Stats. 1996, Ch. 906, Sec. 133. Effective January 1, 1997.)
  55. 21091.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Second Tier Retirement—Contracting Agencies [21090 - 21100] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Some contracting agencies may amend their contracts with the board to provide an alternate level of retirement benefits, but the article does not apply to agencies whose memorandum of understanding blocks changes in retirement coverage.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Second Tier Retirement—Contracting Agencies [21090 - 21100] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21091. (a) Contracting agencies as defined in Section 20022, some or all of whose employees are miscellaneous members included in the federal system, may amend their contracts with the board to provide an alternate level of benefits pursuant to this article. The alternate level of benefits shall be provided to all local miscellaneous members of a contracting agency whose services are also covered under the federal system who first become members of this system on and after the contract amendment effective date and shall be made available by election to eligible members also covered under the federal system who were employees of the contracting agency prior to the effective date of the employer’s contract amendment as specified in Section 21099. (b) This article shall not apply to any agency with a memorandum of understanding that precludes any changes in the retirement coverage of the employee bargaining unit subject to that agreement. (Amended by Stats. 1996, Ch. 906, Sec. 134. Effective January 1, 1997.)
  56. 21092.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Second Tier Retirement—Contracting Agencies [21090 - 21100] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Sets contribution rates for certain retirement members and allows a contracting agency to pay some or all of a member’s normal contributions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Second Tier Retirement—Contracting Agencies [21090 - 21100] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21092. (a) The normal rate of contribution for a local miscellaneous member subject to this article shall be 2 percent of compensation paid the member. A contracting agency may pay all or a portion of the member’s normal contributions, pursuant to Section 20691. (b) Notwithstanding subdivision (a), a new member, as defined in Section 7522.04, shall have a contribution rate of at least 50 percent of the normal cost, pursuant to Section 7522.30. (Amended by Stats. 2013, Ch. 526, Sec. 22. (SB 220) Effective January 1, 2014.)
  57. 21093.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Second Tier Retirement—Contracting Agencies [21090 - 21100] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Some members may retire for service if they apply in writing to the board and meet the stated age and service-credit requirements.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Second Tier Retirement—Contracting Agencies [21090 - 21100] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21093. (a) Except as provided in subdivision (b), a local miscellaneous member subject to this article may be retired for service upon his or her written application to the board if he or she has attained age 55 and is credited with five years of service. (b) Any person who was a member of this system prior to the effective date of the employer’s contract amendment to be subject to this article, and who elects to become subject to this article, may be retired for service upon his or her written application to the board if he or she has attained age 50 and is credited with five years of combined service. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  58. 21094.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Second Tier Retirement—Contracting Agencies [21090 - 21100] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    For local miscellaneous members covered by this article, the service retirement allowance must be calculated under Section 21100, and final compensation is defined by Section 20037 without any reduction for inclusion 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 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Second Tier Retirement—Contracting Agencies [21090 - 21100] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21094. (a) The service retirement allowance for a local miscellaneous member subject to this article shall be calculated in accordance with Section 21100. (b) “Final compensation” for purposes of determining any benefits payable under this part for any local miscellaneous member service subject to this article shall be as defined by Section 20037 and shall not be reduced by any fraction or amount due to the inclusion in the federal system. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  59. 21095.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Second Tier Retirement—Contracting Agencies [21090 - 21100] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Eligible members may elect participation in the plan, and the election is irrevocable and takes effect on the first day of the next 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 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Second Tier Retirement—Contracting Agencies [21090 - 21100] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21095. (a) Participation in the plan afforded by this article shall be made available to any employee who was included in the federal system and who was a member of this system prior to the effective date of the employer’s contract amendment to be subject to this article. The election shall be irrevocable, shall be effective on the first day of the pay period following the member’s election, and shall apply to all future service rendered by the member with that agency. Each contracting agency shall ensure each eligible member receives sufficient information to permit an informed election, is counseled regarding the benefits provided by this article, and receives an election document. The election document shall be filed with the contracting agency, and the contracting agency shall report the member’s irrevocable election to the board. (b) A member subject to this article shall be subject to all other provisions of this part. However, in the event of a conflict, this article shall supersede and prevail over other provisions contained in this part. (Amended by Stats. 2006, Ch. 538, Sec. 296. Effective January 1, 2007.)
  60. 21096.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Second Tier Retirement—Contracting Agencies [21090 - 21100] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The board must determine the employer contribution rate for a contracting agency covered by this article, subject to the rest of the 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 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Second Tier Retirement—Contracting Agencies [21090 - 21100] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21096. The employer contribution rate of a contracting agency subject to this article shall be determined by the board as otherwise provided by this part. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  61. 21097.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Second Tier Retirement—Contracting Agencies [21090 - 21100] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Monthly allowances for members covered by this article must be adjusted each year under Section 21329, and a specified retirement-allowance percentage is set at 25 percent.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Second Tier Retirement—Contracting Agencies [21090 - 21100] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21097. (a) The monthly allowances payable to members based on service subject to this article shall be annually adjusted pursuant to Section 21329. (b) The percentage of the amount of his or her retirement allowance as it was at his or her death payable based on service credited to him or her as a member subject to Section 21624, for a member subject to this article, shall be 25 percent. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  62. 21098.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Second Tier Retirement—Contracting Agencies [21090 - 21100] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section sets how a disability retirement pension is calculated for local miscellaneous service under the 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 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Second Tier Retirement—Contracting Agencies [21090 - 21100] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21098. The disability retirement pension for local miscellaneous service subject to this article shall be one of the following: (a) Ninety percent of the factor applicable at age 65 as set forth in Section 21094 times final compensation multiplied by the number of years of service credited to him or her. (b) If the disability retirement allowance computed under subdivision (a) does not exceed one-third of his or her final compensation, 90 percent of the benefit that would be payable to the member had the member continued in employment until age 65 but in that case the retirement allowance shall not exceed one-third of the final compensation. This subdivision is not applicable to members who are not entitled, at the time of retirement, to be credited with at least 10 years of service. (c) If the disability retirement allowance is derived from this section and Section 21423, and would otherwise exceed the maximums provided by these sections, the pension payable with respect to each section shall be reduced in the same proportion as the allowance computed as though there was no limit, so that the total of the pensions shall equal the maximum allowed. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  63. 21099.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Second Tier Retirement—Contracting Agencies [21090 - 21100] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This article does not apply to a contracting agency or its employees until both a written memorandum of understanding is signed and the agency elects coverage by contract amendment or 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 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Second Tier Retirement—Contracting Agencies [21090 - 21100] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21099. This article shall not apply to a contracting agency nor its employees until, first, it is agreed to in a written memorandum of understanding entered into by an employer and representatives of employees and, second, the contracting agency elects to be subject to it by amendment to its contract made in the manner prescribed for approval of contracts or in the case of a new contract, by express provision of the contract. The operative date of this article with respect to a local miscellaneous member shall be the effective date of the amendment to his or her employer’s contract electing to be subject to this article. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  64. 21100.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Second Tier Retirement—Contracting Agencies [21090 - 21100] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section sets how a local miscellaneous member’s service retirement allowance is calculated under this article, using a table tied to age at retirement and years 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 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Second Tier Retirement—Contracting Agencies [21090 - 21100] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21100. (a) The service retirement allowance for a local miscellaneous member who is subject to this article 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-hundredth of the member’s final compensation set forth opposite the member’s age at retirement, taken to the preceding completed quarter year in the following table, multiplied by the member’s number of years of local miscellaneous service subject to this article: Fraction 50 ........................ .5000 50¼ ........................ .5167 50½ ........................ .5334 50¾ ........................ .5500 51 ........................ .5667 51¼ ........................ .5834 51½ ........................ .6000 51¾ ........................ .6167 52 ........................ .6334 52¼ ........................ .6500 52½ ........................ .6667 52¾ ........................ .6834 53 ........................ .7000 53¼ ........................ .7167 53½ ........................ .7334 53¾ ........................ .7500 54 ........................ .7667 54¼ ........................ .7834 54½ ........................ .8000 54¾ ........................ .8167 55 ........................ .8334 55¼ ........................ .8500 55½ ........................ .8667 55¾ ........................ .8834 56 ........................ .9000 56¼ ........................ .9167 56½ ........................ .9334 56¾ ........................ .9500 57 ........................ .9667 57¼ ........................ .9834 57½ ........................ 1.0000 57¾ ........................ 1.0167 58 ........................ 1.0334 58¼ ........................ 1.0500 58½ ........................ 1.0667 58¾ ........................ 1.0834 59 ........................ 1.1000 59¼ ........................ 1.1167 59½ ........................ 1.1334 59¾ ........................ 1.1500 60 ........................ 1.1667 60¼ ........................ 1.1834 60½ ........................ 1.2000 60¾ ........................ 1.2167 61 ........................ 1.2334 61¼ ........................ 1.2500 61½ ........................ 1.2667 61¾ ........................ 1.2834 62 ........................ 1.3000 62¼ ........................ 1.3167 62½ ........................ 1.3334 62¾ ........................ 1.3500 63 ........................ 1.3667 63¼ ........................ 1.3834 63½ ........................ 1.4000 63¾ ........................ 1.4167 64 ........................ 1.4334 64¼ ........................ 1.4500 64½ ........................ 1.4667 64¾ ........................ 1.4834 65 ........................ 1.5000 (b) The service retirement allowance for a local miscellaneous member who, pursuant to Section 21095, elects to be subject to this article shall be the sum of the allowance for service rendered subsequent to the effective date of the election computed pursuant to subdivision (a) of this section, added to the allowance for service rendered as a local miscellaneous member prior to the effective date of the election, computed pursuant to the formula specified in the employer’s contract with the board. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  65. 21110.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Reduced Worktime for Partial Service Retirement [21110 - 21120] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A public agency employer may, at its discretion, make reduced worktime for partial service retirement available to eligible public agency employees who do not want full-time standard hours.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Reduced Worktime for Partial Service Retirement [21110 - 21120] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21110. It is the intent of the Legislature that reduced worktime for partial service retirement may, at the discretion of a public agency employer, be made available to public agency employees eligible pursuant to Section 21111 who do not desire to work standard working hours on a full-time basis. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  66. 21111.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Reduced Worktime for Partial Service Retirement [21110 - 21120] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Certain eligible public agency employees may choose reduced worktime for partial service retirement.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Reduced Worktime for Partial Service Retirement [21110 - 21120] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21111. Any public agency employee, who is a local member of this system working standard hours on a full-time basis, and who is eligible to retire pursuant to Section 21118, may elect to participate in reduced worktime for partial service retirement pursuant to Sections 21110 through 21115. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  67. 21112.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Reduced Worktime for Partial Service Retirement [21110 - 21120] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section defines “reduced worktime for partial service retirement” as a work arrangement agreed to by both the public agency employer and the employee, with monthly worktime reduced by 20% to 60% and compensation and retirement benefits reduced proportionally.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Reduced Worktime for Partial Service Retirement [21110 - 21120] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21112. “Reduced worktime for partial service retirement” means any arrangement of worktime agreeable to both the public agency employer and the employee that aggregates no less, on a monthly basis, than a 20 percent reduction nor more than a 60 percent reduction from what would in that position be considered full-time employment, combined with the concurrent payment of proportionally reduced compensation and proportionally reduced retirement benefits. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  68. 21113.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Reduced Worktime for Partial Service Retirement [21110 - 21120] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Public agency employees in reduced worktime for partial service retirement face limits on re-participation and on how often they can change their worktime; employers may require a return to full-time only during an emergency.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Reduced Worktime for Partial Service Retirement [21110 - 21120] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21113. (a) A public agency employee who voluntarily reduces his or her worktime for partial service retirement pursuant to Sections 21110 through 21115, and who subsequently returns to a full-time work schedule pursuant to the policy of the public agency employer, shall be ineligible for five years thereafter to again participate pursuant to those sections. The public agency employer may require a participating employee to return to full-time employment only in the event of an emergency requiring his or her full-time service. (b) A public agency employee who is participating pursuant to Sections 21110 through 21115 in reduced worktime for partial service retirement may: (1) elect only once in each fiscal year to further reduce his or her worktime; (2) elect only once in five years to increase his or her worktime to another less than full-time schedule. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  69. 21114.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Reduced Worktime for Partial Service Retirement [21110 - 21120] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    People employed in reduced worktime positions for partial service retirement must receive proportionally reduced pay and pro rata 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 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Reduced Worktime for Partial Service Retirement [21110 - 21120] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21114. All persons employed in reduced worktime positions for partial service retirement pursuant to Sections 21110 through 21115 shall receive proportionally reduced compensation and, on a pro rata basis, all benefits customarily available to full-time employees of a public agency in similar classes or positions in accordance with the personnel policies of the public agency employer or pursuant to provisions of a memorandum of understanding reached pursuant to Chapter 10 (commencing with Section 3500) of Division 4 of Title 1. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  70. 21115.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Reduced Worktime for Partial Service Retirement [21110 - 21120] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A public agency employer may opt into Sections 21110 through 21115, and if it does, it must adopt the personnel policies or guidelines needed to run the reduced worktime partial retirement 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 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Reduced Worktime for Partial Service Retirement [21110 - 21120] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21115. A public agency employer may elect to make Sections 21110 through 21115 applicable to the agency and if it does so, the public agency employer shall establish other personnel policies or guidelines required for the administration of the reduced worktime for partial retirement program within the agency. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  71. 21116.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Reduced Worktime for Partial Service Retirement [21110 - 21120] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Some state and local members in reduced worktime partial service retirement are treated as members, not retired, until they elect full retirement.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Reduced Worktime for Partial Service Retirement [21110 - 21120] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21116. Except as otherwise expressly provided, and notwithstanding Section 20060, state miscellaneous members participating in reduced worktime for partial service retirement pursuant to Article 1.7 (commencing with Section 19996.30) of Chapter 7 of Part 2.6 or local members participating in reduced worktime for partial service retirement pursuant to Sections 21110 through 21115, shall be considered members and shall not be considered retired, until they elect to become fully retired. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  72. 21117.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Reduced Worktime for Partial Service Retirement [21110 - 21120] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Certain state miscellaneous or industrial members, except university members, must be partially retired for service if they apply in writing to the board and meet the partial service retirement election and age requirements.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Reduced Worktime for Partial Service Retirement [21110 - 21120] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21117. A state miscellaneous member or industrial member, other than a university member, shall be partially retired for service upon his or her written application to the board if he or she has elected to participate in partial service retirement pursuant to Article 1.7 (commencing with Section 19996.30) of Chapter 7 of Part 2.6, and has attained the applicable normal retirement age as prescribed by regulations of the board. (Amended by Stats. 2009, Ch. 130, Sec. 26. (AB 966) Effective January 1, 2010.)
  73. 21117.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Reduced Worktime for Partial Service Retirement [21110 - 21120] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A person who is solely a National Guard member cannot be partially retired for service, and California National Guard service cannot be used to qualify for the benefits referenced in Section 21117.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Reduced Worktime for Partial Service Retirement [21110 - 21120] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21117.5. Notwithstanding any other provision of law, a person who is solely a National Guard member shall not be partially retired for service, nor shall service with the California National Guard be used to qualify for benefits as described in Section 21117. (Added by Stats. 2007, Ch. 355, Sec. 25. Effective January 1, 2008.)
  74. 21118.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Reduced Worktime for Partial Service Retirement [21110 - 21120] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A local member must be partially retired for service after applying in writing to the board, if the member has elected partial service retirement and has reached the applicable normal retirement age.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Reduced Worktime for Partial Service Retirement [21110 - 21120] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21118. (a) A local member shall be partially retired for service upon his or her written application to the board if he or she has elected to participate in partial service retirement pursuant to Sections 21110 through 21115, provided he or she has attained the applicable normal retirement age as prescribed by regulations of the board. (b) This section shall not apply to a contracting agency or its employees until the contracting agency elects to be subject to it by amendment to its contract made in a manner prescribed for approval of contracts or in the case of a new contract, by express provision of the contract. The operative date of this section with respect to a local member shall be the effective date of the amendment to his or her employer’s contract electing to be subject to this section. (Amended by Stats. 2009, Ch. 130, Sec. 27. (AB 966) Effective January 1, 2010.)
  75. 21119.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Reduced Worktime for Partial Service Retirement [21110 - 21120] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Cost-of-living adjustment rules in Article 3 do not apply to employees in reduced worktime for partial service retirement.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Reduced Worktime for Partial Service Retirement [21110 - 21120] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21119. Article 3 (commencing with Section 21310) of Chapter 13, relating to cost-of-living adjustments, shall not apply to an employee who is participating in reduced worktime for partial service retirement. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  76. 21120.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Reduced Worktime for Partial Service Retirement [21110 - 21120] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Section 21546 applies to any member while in state service in partial service retirement.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Reduced Worktime for Partial Service Retirement [21110 - 21120] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21120. Section 21546 shall apply to any member while in state service in partial service retirement. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  77. 21130.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Compulsory Retirement [21130 - 21132] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Certain patrol members must retire when they turn 60, effective on the first day of the following calendar 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 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Compulsory Retirement [21130 - 21132] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21130. (a) Every patrol member subject to Section 21362, 21362.2, or 21363.1, as applicable, shall be retired on the first day of the calendar month succeeding that in which he or she attains the age of 60 years. (b) This section shall be operative April 1, 2019. (Amended (as added by Stats. 2013, Ch. 778, Sec. 4) by Stats. 2017, Ch. 20, Sec. 3. (AB 115) Effective June 27, 2017. Section operative April 1, 2019, by its own provisions.)
  78. 21131.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Compulsory Retirement [21130 - 21132] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A local contracting agency may amend its contract to set a mandatory retirement age of 60 for local safety members if it has established that age is a bona fide occupational qualification needed for the 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 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Compulsory Retirement [21130 - 21132] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21131. Notwithstanding any other provision of law, a local contracting agency may amend its contract to fix a mandatory retirement age for local safety members attaining the age of 60 when the agency also has established that the age of a safety member is a bona fide occupational qualification reasonably necessary to the normal operation of the principal services provided by safety members. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  79. 21132.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Compulsory Retirement [21130 - 21132] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    State safety members must be retired when they reach age 65, with retirement timing depending on when the age is reached or whether they were already 65 when they became 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 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Compulsory Retirement [21130 - 21132] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21132. Every state safety member shall be retired on the first day of the calendar month succeeding that in which he or she attains age 65. Every member who has attained age 65 when he or she becomes a state safety member shall be retired on the first day of the following month. This section shall not apply to members represented by State Bargaining Unit 16 or State Bargaining Unit 19. (Amended by Stats. 2006, Ch. 237, Sec. 6. Effective September 13, 2006.)
  80. 21150.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 6. Disability Retirement [21150 - 21176] ( Article 6 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A qualifying incapacitated member must be retired for disability if service-credit conditions are met, with special rules for members subject to Sections 21076, 21076.5, or 21077.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 6. Disability Retirement [21150 - 21176] ( Article 6 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21150. (a) A member incapacitated for the performance of duty shall be retired for disability pursuant to this chapter if he or she is credited with five years of state service, regardless of age, unless the person has elected to become subject to Section 21076, 21076.5, or 21077. (b) A member subject to Section 21076, 21076.5, or 21077 who becomes incapacitated for the performance of duty shall be retired for disability pursuant to this chapter if he or she is credited with 10 years of state service, regardless of age, except that a member may retire for disability if he or she had five years of state service prior to January 1, 1985. (c) For purposes of this section, “state service” includes service to the state for which the member, pursuant to Section 20281.5, did not receive credit. (Amended by Stats. 2013, Ch. 526, Sec. 23. (SB 220) Effective January 1, 2014.)
  81. 21151.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 6. Disability Retirement [21150 - 21176] ( Article 6 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Certain qualifying members must be retired for disability if they are incapacitated from duty because of an industrial disability.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 6. Disability Retirement [21150 - 21176] ( Article 6 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21151. (a) Any patrol, state safety, state industrial, state peace officer/firefighter, or local safety member incapacitated for the performance of duty as the result of an industrial disability shall be retired for disability, pursuant to this chapter, regardless of age or amount of service. (b) This section also applies to local miscellaneous members if the contracting agency employing those members elects to be subject to this section by amendment to its contract. (c) This section also applies to all of the following: (1) State miscellaneous members employed by the Department of Justice who perform the duties now performed in positions with the class title of Criminalist (Class Code 8466), or Senior Criminalist (Class Code 8478), or Criminalist Supervisor (Class Code 8477), or Criminalist Manager (Class Code 8467), Latent Print Analyst I (Class Code 8460), Latent Print Analyst II (Class Code 8472), or Latent Print Supervisor (Class Code 8473). (2) State miscellaneous members employed by the Department of the California Highway Patrol who perform the duties now performed in positions with the class title of Communications Operator I, California Highway Patrol (Class Code 1663), Communications Operator II, California Highway Patrol (Class Code 1664), Communications Supervisor I, California Highway Patrol (Class Code 1662), or Communications Supervisor II, California Highway Patrol (Class Code 1665). (3) State miscellaneous members whose disability resulted under the conditions specified in Sections 20046.5 and 20047. (4) State miscellaneous members in State Bargaining Unit 12 employed by the Department of Transportation, if a memorandum of understanding has been agreed to by the state employer and the recognized employee organization making this paragraph applicable to those members. (d) This section does not apply to local safety members described in Section 20423.6, unless this section has been made applicable to local miscellaneous members pursuant to subdivision (b). (e) This section does not apply to state safety members described in Section 20401.5. (Amended by Stats. 2005, Ch. 328, Sec. 7. Effective January 1, 2006.)
  82. 21152.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 6. Disability Retirement [21150 - 21176] ( Article 6 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Several people or bodies may apply to the board for a member’s disability retirement.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 6. Disability Retirement [21150 - 21176] ( Article 6 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21152. Application to the board for retirement of a member for disability may be made by: (a) The head of the office or department in which the member is or was last employed, if the member is a state member other than a university member. (b) The university if the member is an employee of the university. (c) The governing body, or an official designated by the governing body, of the contracting agency, if the member is an employee of a contracting agency. (d) The member or any person in his or her behalf. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  83. 21153.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 6. Disability Retirement [21150 - 21176] ( Article 6 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    An employer must not separate a disabled member who is otherwise eligible for disability retirement, and must apply for disability retirement for a member believed to be disabled unless the member waives that right and chooses another contribution option.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 6. Disability Retirement [21150 - 21176] ( Article 6 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21153. Notwithstanding any other provision of law, an employer may not separate because of disability a member otherwise eligible to retire for disability but shall apply for disability retirement of any member believed to be disabled, unless the member waives the right to retire for disability and elects to withdraw contributions or to permit contributions to remain in the fund with rights to service retirement as provided in Section 20731. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  84. 21154.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 6. Disability Retirement [21150 - 21176] ( Article 6 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A disability retirement application may be made only during specified service, leave, military-service, or incapacity periods, and the board must or may take follow-up action after receiving 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 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 6. Disability Retirement [21150 - 21176] ( Article 6 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21154. The application shall be made only (a) while the member is in state service, or (b) while the member for whom contributions will be made under Section 20997, is absent on military service, or (c) within four months after the discontinuance of the state service of the member, or while on an approved leave of absence, or (d) while the member is physically or mentally incapacitated to perform duties from the date of discontinuance of state service to the time of application or motion. On receipt of an application for disability retirement of a member, other than a local safety member with the exception of a school safety member, the board shall, or of its own motion it may, order a medical examination of a member who is otherwise eligible to retire for disability to determine whether the member is incapacitated for the performance of duty. On receipt of the application with respect to a local safety member other than a school safety member, the board shall request the governing body of the contracting agency employing the member to make the determination. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  85. 21155.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 6. Disability Retirement [21150 - 21176] ( Article 6 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    If the board requires a medical exam, the person can get reimbursed for travel, meals, and lodging when they must travel more than 50 miles one way.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 6. Disability Retirement [21150 - 21176] ( Article 6 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21155. If the board requests a person to submit to a medical examination, he or she shall be entitled to reimbursement for expenses of transportation, and meals and lodging incident to the examination if he or she is required to travel more than 50 miles one way. Standard per diem rates in effect for state employees as authorized by current law shall be used for the reimbursement; provided, that higher costs of lodging may be paid if supported by receipt and determined necessary by the board. “Expenses of transportation” with respect to the use of private transportation includes mileage fees from the person’s home to the place of examination and back to a maximum of 300 miles round trip or within the state at the appropriate current rate per mile authorized to state employees for use of private vehicles in accordance with current law plus bridge tolls. The per diem and mileage may be paid to the person by this system at the time he or she is given notification of the time and place of examination. (Amended by Stats. 1996, Ch. 907, Sec. 8. Effective January 1, 1997.)
  86. 21156.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 6. Disability Retirement [21150 - 21176] ( Article 6 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The board must retire a qualifying incapacitated member for disability, unless the member timely applies for service retirement instead. The governing body must certify incapacity on request, and disability decisions must rest on competent medical opinion; disability retirement cannot be used as a disciplinary substitute.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 6. Disability Retirement [21150 - 21176] ( Article 6 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21156. (a) (1) If the medical examination and other available information show to the satisfaction of the board, or in case of a local safety member, other than a school safety member, the governing body of the contracting agency employing the member, that the member in the state service is incapacitated physically or mentally for the performance of his or her duties and is eligible to retire for disability, the board shall immediately retire him or her for disability, unless the member is qualified to be retired for service and applies therefor prior to the effective date of his or her retirement for disability or within 30 days after the member is notified of his or her eligibility for retirement on account of disability, in which event the board shall retire the member for service. (2) In determining whether a member is eligible to retire for disability, the board or governing body of the contracting agency shall make a determination on the basis of competent medical opinion and shall not use disability retirement as a substitute for the disciplinary process. (b) (1) The governing body of a contracting agency upon receipt of the request of the board pursuant to Section 21154 shall certify to the board its determination under this section that the member is or is not incapacitated. (2) The local safety member may appeal the determination of the governing body. Appeal hearings shall be conducted by an administrative law judge of the Office of Administrative Hearings pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of this title. (Amended by Stats. 2008, Ch. 370, Sec. 3. Effective January 1, 2009.)
  87. 21157.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 6. Disability Retirement [21150 - 21176] ( Article 6 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The governing body of a contracting agency must make its determination within six months after receiving the board’s request, and a local safety member may waive this section’s requirements.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 6. Disability Retirement [21150 - 21176] ( Article 6 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21157. The governing body of a contracting agency shall make its determination within six months of the date of the receipt by the contracting agency of the request by the board pursuant to Section 21154 for a determination with respect to a local safety member. A local safety member may waive the requirements of this section. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  88. 21158.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 6. Disability Retirement [21150 - 21176] ( Article 6 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    When the board receives a disability retirement application for certain state members, it must tell the employer and the member what information is needed, and then decide the application within three months after getting all required information.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 6. Disability Retirement [21150 - 21176] ( Article 6 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21158. Upon the receipt by the board of an application for disability retirement with respect to a state peace officer/firefighter member, state patrol member, or a state safety member, the board shall inform both the employer and the member of all information required for the board to make its determination. The board shall make its determination within three months of the receipt by the board of all information required to make a determination for disability retirement on an application submitted by a state peace officer/firefighter member, state patrol member, or a state safety member for disability retirement pursuant to this article. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  89. 21159.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 6. Disability Retirement [21150 - 21176] ( Article 6 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section limits industrial disability retirement for certain state members, allows a partial disability retirement benefit in some cases, gives employees an appeal right, and lets the Director of Human Resources adopt related 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 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 6. Disability Retirement [21150 - 21176] ( Article 6 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21159. (a) Notwithstanding any other provision of law, a state member shall not be retired for industrial disability for an illness or injury that occurs on or after January 1, 1993, unless the member is incapacitated for the performance of duty in any employment with the state employer and the disability is of permanent or extended and uncertain duration, as determined by the Department of Human Resources. This section shall only apply to state safety, state industrial, and state miscellaneous members employed in any state bargaining units for which a memorandum of understanding has been agreed to by the state employer and the recognized employee organization to become subject to this section. The Director of Human Resources may adopt rules regarding job placement and other related activities necessary for the administration of this section and Section 21195. (b) A state member who, because of the enactment of this section is no longer eligible to retire for industrial disability and accepts alternate employment with the state in which the compensation is less than that received in the position held at the time of the illness or injury, shall, upon certification of the Department of Human Resources to the board, become entitled to benefits under the partial disability retirement program set forth in Section 21160. (c) The employee shall have the right of appeal to the Department of Human Resources regarding: (1) the requirement to participate or (2) the exclusion from participating in the program described in this section and Section 21160. (d) For all other disputes relative to this section and Section 21160, the employee shall seek administrative remedy from his or her appointing power through the departmental complaint process. (e) The appointing power of the affected employee shall reimburse the Department of Human Resources for any costs associated with the administration of this provision. (f) This section shall not apply to any job-related or job-incurred illness or injury that occurs on or after January 1, 2000. (Amended by Stats. 2012, Ch. 665, Sec. 128. (SB 1308) Effective January 1, 2013.)
  90. 21160.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 6. Disability Retirement [21150 - 21176] ( Article 6 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Eligible state members who take another state-service job may receive a partial disability benefit payment, and the state employer funds those payments.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 6. Disability Retirement [21150 - 21176] ( Article 6 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21160. (a) Any state member who is subject to Section 21159 and does not qualify for industrial disability retirement under this part, or is reinstated from industrial disability retirement pursuant to Section 21195, and accepts another job in state service, shall be paid a partial disability retirement program benefit payment from this system in an amount, to be calculated by the Department of Human Resources and certified to the board, that, when added to the salary earned by the employee in the current state position, would be equal to the state salary earned by the member at the time of becoming unable to perform the duties of his or her previous position. This supplemental payment shall not result in the member being deemed to be retired. (b) The partial disability retirement program benefit payments made under this section shall be paid for by the state employer in the same manner as all other state retirement benefits are funded. (c) This section shall not apply to any job-related or job-incurred illness or injury that occurs on or after January 1, 2000. (Amended by Stats. 2012, Ch. 665, Sec. 129. (SB 1308) Effective January 1, 2013.)
  91. 21161.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 6. Disability Retirement [21150 - 21176] ( Article 6 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section creates a partial disability retirement program for certain state employees and excludes it for qualifying job-related injuries or illnesses on or after January 1, 2000.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 6. Disability Retirement [21150 - 21176] ( Article 6 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21161. (a) A partial disability retirement program is established by Section 21160 for state employees subject to Section 21159. The benefits paid under this program shall be paid pursuant to Sections 21159 and 21160 and shall not be considered compensation for purposes of Section 20630. (b) This section shall not apply to any job-related or job-incurred illness or injury that occurs on or after January 1, 2000. (Amended by Stats. 2000, Ch. 402, Sec. 17. Effective September 11, 2000. Applicable from January 1, 2000, by Sec. 22 of Ch. 402.)
  92. 21162.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 6. Disability Retirement [21150 - 21176] ( Article 6 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A qualifying member may receive a disability retirement allowance, but payment is limited by several conditions and calculation 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 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 6. Disability Retirement [21150 - 21176] ( Article 6 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21162. A member whose membership continues under Section 20731 shall be retired for disability and receive a retirement allowance based on the service credited to him or her at the time of retirement during any period in which he or she receives a disability retirement allowance under a county retirement system , subject to the following conditions: (a) That the allowance shall not be paid if entry into employment resulting in membership of the county system occurred prior to October 1, 1957, or after more than 90 days of discontinuance of state service. (b) That the allowance shall not exceed an amount that, when added to the allowance paid under the other system, equals the allowance that would be paid if the member’s state service were credited under the other system where retirement is for disability not arising out of or in the course of employment subject to the other system. However, the allowance shall in any event be no less than an annuity that is the actuarial equivalent of member’s contributions. (c) That the allowance shall be an annuity that is the actuarial equivalent of accumulated contributions where retirement under the other system is for disability arising out of and in the course of employment subject to the other system. (Amended by Stats. 1996, Ch. 906, Sec. 139. Effective January 1, 1997.)
  93. 21163.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 6. Disability Retirement [21150 - 21176] ( Article 6 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A member’s retirement cannot take effect until paid sick leave and paid compensating time off are used up, unless the member asks for or agrees to an earlier retirement date or a local rule says otherwise.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 6. Disability Retirement [21150 - 21176] ( Article 6 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21163. Notwithstanding any other provision of this article, the retirement of a member who has been granted or is entitled to sick leave or who is entitled to compensating time off for overtime, shall not become effective until the expiration of the sick leave with compensation and the expiration of the compensating time off with compensation, unless the member applies for or consents to his or her retirement as of an earlier date, or unless, with respect to sick leave, the provisions of a local ordinance or resolution or the rules or regulations of the employer provide to the contrary. This section shall also be applicable to a state member who participates in the annual leave program and who has been granted annual leave for the reasons applicable to sick leave. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  94. 21164.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 6. Disability Retirement [21150 - 21176] ( Article 6 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A disability retirement for a local safety member (other than a school safety member) cannot take effect earlier than the member’s consented date limit tied to the end of disability leave or an earlier permanent-and-stationary finding.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 6. Disability Retirement [21150 - 21176] ( Article 6 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21164. Notwithstanding any other provision of this article, the retirement for disability of a local safety member, other than a school safety member, shall not be effective without the member’s consent earlier than the date upon which leave of absence without loss of salary under Section 4850 of the Labor Code because of the disability terminates, or the earlier date during the leave as of which the disability is permanent and stationary as found by the Workers’ Compensation Appeals Board. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  95. 21165.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 6. Disability Retirement [21150 - 21176] ( Article 6 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A disability retirement for a covered member cannot take effect before paid leave ends, unless the member applies for or agrees to an earlier retirement 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 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 6. Disability Retirement [21150 - 21176] ( Article 6 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21165. Notwithstanding any other provision of this article, the retirement for disability of a member, other than a local safety member, with the exception of a school safety member, who has been granted or is entitled to a leave of absence with compensation, which shall include nonindustrial disability insurance benefits payable pursuant to Article 5 (commencing with Section 19878) of Chapter 2.5 of Part 2.6, shall not become effective prior to the expiration of the leave of absence with compensation, unless the member applies for or consents to his or her retirement as of an earlier date. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  96. 21166.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 6. Disability Retirement [21150 - 21176] ( Article 6 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    If a disability retirement claim is disputed, the Workers’ Compensation Appeals Board decides whether the disability is industrial.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 6. Disability Retirement [21150 - 21176] ( Article 6 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21166. If a member is entitled to a different disability retirement allowance according to whether the disability is industrial or nonindustrial and the member claims that the disability as found by the board, or in the case of a local safety member by the governing body of his or her employer, is industrial and the claim is disputed by the board, or in case of a local safety member by the governing body, the Workers’ Compensation Appeals Board, using the same procedure as in workers’ compensation hearings, shall determine whether the disability is industrial. The jurisdiction of the Workers’ Compensation Appeals Board shall be limited solely to the issue of industrial causation, and this section shall not be construed to authorize the Workers’ Compensation Appeals Board to award costs against this system pursuant to Section 4600, 5811, or any other provision of the Labor Code. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  97. 21167.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 6. Disability Retirement [21150 - 21176] ( Article 6 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A party aggrieved by the findings, or the board, may ask for a rehearing within 20 days after service of the findings, and only on the listed grounds.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 6. Disability Retirement [21150 - 21176] ( Article 6 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21167. At any time within 20 days after the service of any findings of fact by the Workers’ Compensation Appeals Board under this part, any party aggrieved thereby, or the board, may petition for a rehearing upon one or more of the following grounds, and no other: (a) That the Workers’ Compensation Appeals Board acted without or in excess of its powers. (b) That the findings of fact were procured by fraud. (c) That the evidence does not justify the findings of fact. (d) That the petitioner has discovered new evidence material to him or her, that he or she could not, with reasonable diligence, have discovered and produced at the hearing. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  98. 21168.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 6. Disability Retirement [21150 - 21176] ( Article 6 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A person affected by the board’s findings may, within 30 days after rehearing is denied or amended findings are issued, apply to the Supreme Court or the local court of appeal for a writ of review.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 6. Disability Retirement [21150 - 21176] ( Article 6 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21168. Within 30 days after the petition for rehearing is denied, or, if the petition is granted, within 30 days after the rendition of amended findings of fact on rehearing, any person affected thereby, including this system, may apply to the Supreme Court or to the court of appeal of the appellate district in which he or she resides, for a writ of review, for the purpose of inquiring into and determining the lawfulness of the findings of the Workers’ Compensation Appeals Board. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  99. 21169.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 6. Disability Retirement [21150 - 21176] ( Article 6 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A writ of review must be returnable within 30 days after issuance, and the Workers’ Compensation Appeals Board must certify its record to the court.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 6. Disability Retirement [21150 - 21176] ( Article 6 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21169. The writ of review shall be made returnable not later than 30 days after the date of issuance thereof, and shall direct the Workers’ Compensation Appeals Board to certify its record in the case to the court. On the return day the cause shall be heard in the court unless continued for good cause. No new or additional evidence shall be introduced in the court, but the cause shall be heard on the record of the appeals board, as certified to by it. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  100. 21170.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 6. Disability Retirement [21150 - 21176] ( Article 6 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A court’s review is limited to whether the Workers’ Compensation Appeals Board acted without or beyond its powers, acted unreasonably, or acted because of fraud.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 6. Disability Retirement [21150 - 21176] ( Article 6 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21170. The review by the court shall not be extended further than to determine whether the Workers’ Compensation Appeals Board acted without or in excess of its powers, or unreasonably, or whether its act was procured by fraud. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  101. 21171.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 6. Disability Retirement [21150 - 21176] ( Article 6 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The Workers’ Compensation Appeals Board has continuing power over its determinations under Section 21166 and may rescind, alter, or amend them within five years of the date of injury, after notice and an opportunity to be heard, if good cause appears.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 6. Disability Retirement [21150 - 21176] ( Article 6 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21171. The Workers’ Compensation Appeals Board shall have continuing jurisdiction over its determinations made under Section 21166 and may at any time within five years of the date of injury, upon notice and after an opportunity to be heard is given to the parties in interest, rescind, alter, or amend the determination, good cause appearing therefor. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  102. 21172.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 6. Disability Retirement [21150 - 21176] ( Article 6 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    If a disability retiree’s allowance is canceled for a reason other than returning to state service, and the person does not return, the account is credited and refunded unless the person chooses to leave the contributions in the retirement fund. The board must also update the actuarial equivalent at least every 10 years, or more often.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 6. Disability Retirement [21150 - 21176] ( Article 6 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21172. If the retirement allowance of any person retired for disability is canceled for any cause other than reentrance into state service, and if he or she does not reenter state service, an amount that is the actuarial equivalent of his or her annuity at cancellation, based on a disabled life, but not exceeding the amount of his or her accumulated contributions at the time of his or her retirement for disability, shall be credited to his or her individual account, and shall be refunded to him or her unless he or she elects, under Section 20731, to allow his or her accumulated contributions to remain in the retirement fund. The actuarial equivalent under this section shall be adjusted by the board every 10 years, or more frequently, to agree with the interest rate and mortality tables in effect at the commencement of each such 10-year or succeeding interval. (Amended by Stats. 1996, Ch. 906, Sec. 140. Effective January 1, 1997.)
  103. 21173.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 6. Disability Retirement [21150 - 21176] ( Article 6 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A contracting agency’s governing body may delegate authority or duties under this article to a subordinate officer, and may attach 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 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 6. Disability Retirement [21150 - 21176] ( Article 6 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21173. The governing body of a contracting agency may delegate any authority or duty conferred or imposed under this article to a subordinate officer subject to conditions it may impose. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  104. 21174.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 6. Disability Retirement [21150 - 21176] ( Article 6 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The board must process retirement and pay non-industrial disability benefits when the claim is not made as industrial, or when the member requests 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 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 6. Disability Retirement [21150 - 21176] ( Article 6 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21174. If it is not claimed that the disability is industrial or if the claim is made and the member so requests, the board shall proceed with retirement and with the payment of the benefits as are payable when disability is not industrial. If the Workers’ Compensation Appeals Board subsequently determines that disability is industrial, an amount equal to the benefits paid shall be deducted from the benefits payable under this system because of the determination. No additional benefits shall be payable, however, because disability is determined to be industrial unless the application for that determination is filed with the Workers’ Compensation Appeals Board or in the office of this system in Sacramento, for transmission to the Workers’ Compensation Appeals Board within two years after the effective date of the member’s retirement. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  105. 21175.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 6. Disability Retirement [21150 - 21176] ( Article 6 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A disability retirement recipient who refuses a medical examination may have the pension portion stopped, and if the refusal lasts one year, the allowance may be canceled.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 6. Disability Retirement [21150 - 21176] ( Article 6 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21175. If any recipient of a disability retirement allowance under the minimum age for voluntary retirement for service applicable to members of his or her class refuses to submit to medical examination the pension portions of his or her allowance may be discontinued until his or her withdrawal of the refusal. If the refusal continues for one year his or her disability retirement allowance may be canceled. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  106. 21176.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 6. Disability Retirement [21150 - 21176] ( Article 6 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    If a disability retirement recipient returns to state service and qualifies for membership, the allowance is canceled and the person becomes a member immediately.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 6. Disability Retirement [21150 - 21176] ( Article 6 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21176. If a recipient of a disability retirement allowance reenters state service and is eligible for membership in this system, his or her allowance shall be canceled and he or she shall immediately become a member of this system. His or her individual account shall be credited with an amount that is the actuarial equivalent of his or her annuity at that time, as based on a disabled life, but not exceeding the amount of his or her accumulated contributions at the time of his or her retirement for disability. He or she shall receive credit for prior service in the same manner as though he or she had never been retired for disability. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  107. 21190.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 7. Reinstatement from Retirement [21190 - 21203] ( Article 7 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A retired person may be reinstated by the board, and after reinstatement may be employed by the state or a contracting agency under the laws for that service.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 7. Reinstatement from Retirement [21190 - 21203] ( Article 7 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21190. A person who has been retired under this system for service may be reinstated from retirement by the board as provided in this article, and thereafter may be employed by the state or by a contracting agency in accordance with the laws governing that service, in the same manner as a person who has not been so retired. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  108. 21191.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 7. Reinstatement from Retirement [21190 - 21203] ( Article 7 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A person retired for industrial disability must be reinstated if they apply to the board and will be employed by the state or a contracting agency as a state or local miscellaneous member, subject to 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 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 7. Reinstatement from Retirement [21190 - 21203] ( Article 7 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21191. Subject to Sections 21197 and 21201, notwithstanding any other provision of law to the contrary, a person who has been retired under this system for industrial disability shall be reinstated from retirement pursuant to this article, upon his or her application to the board, if, upon reinstatement, he or she will be employed by the state or any contracting agency as a state or local miscellaneous member. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  109. 21192.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 7. Reinstatement from Retirement [21190 - 21203] ( Article 7 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The board, or in some cases the employer’s governing body, may require a disability retirement recipient to undergo a medical exam and must arrange exams when reinstatement is requested in specified 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 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 7. Reinstatement from Retirement [21190 - 21203] ( Article 7 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21192. The board, or in case of a local safety member, other than a school safety member, the governing body of the employer from whose employment the person was retired, may require any recipient of a disability retirement allowance under the minimum age for voluntary retirement for service applicable to members of his or her class to undergo medical examination, and upon his or her application for reinstatement, shall cause a medical examination to be made of the recipient who is at least six months less than the age of compulsory retirement for service applicable to members of the class or category in which it is proposed to employ him or her. The board, or in case of a local safety member, other than a school safety member, the governing body of the employer from whose employment the person was retired, shall also cause the examination to be made upon application for reinstatement to the position held at retirement or any position in the same class, of a person who was incapacitated for performance of duty in the position at the time of a prior reinstatement to another position. The examination shall be made by a physician or surgeon, appointed by the board or the governing body of the employer, at the place of residence of the recipient or other place mutually agreed upon. Upon the basis of the examination, the board or the governing body shall determine whether he or she is still incapacitated, physically or mentally, for duty in the state agency, the university, or contracting agency, where he or she was employed and in the position held by him or her when retired for disability, or in a position in the same classification, and for the duties of the position with regard to which he or she has applied for reinstatement from retirement. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  110. 21193.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 7. Reinstatement from Retirement [21190 - 21203] ( Article 7 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    If a disability retiree is found fit for duty and the employer offers reinstatement, the retirement allowance stops immediately and the person returns to system membership; some recipients also have a right to reinstatement to their former or same-class job.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 7. Reinstatement from Retirement [21190 - 21203] ( Article 7 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21193. If the determination pursuant to Section 21192 is that the recipient is not so incapacitated for duty in the position held when retired for disability or in a position in the same classification or in the position with regard to which he or she has applied for reinstatement and his or her employer offers to reinstate that employee, his or her disability retirement allowance shall be canceled immediately, and he or she shall become a member of this system. If the recipient was an employee of the state or of the university and is so determined to be not incapacitated for duty in the position held when retired for disability or in a position in the same class, he or she shall be reinstated, at his or her option, to that position. However, in that case, acceptance of any other position shall immediately terminate any right to reinstatement. A recipient who is found to continue to be incapacitated for duty in his or her former position and class, but not incapacitated for duty in another position for which he or she has applied for reinstatement and who accepts employment in the other position, shall upon subsequent discontinuance of incapacity for service in his or her former position or a position in the same class, as determined by the board under Section 21192, be reinstated at his or her option to that position. If the recipient was an employee of a contracting agency other than a local safety member, with the exception of a school safety member, the board shall notify it that his or her disability has terminated and that he or she is eligible for reinstatement to duty. The fact that he or she was retired for disability does not prejudice any right to reinstatement to duty which he or she may claim. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  111. 21194.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 7. Reinstatement from Retirement [21190 - 21203] ( Article 7 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A partially retired person may be reinstated by the board and may then keep working full-time for the state.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 7. Reinstatement from Retirement [21190 - 21203] ( Article 7 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21194. A person who has been partially retired under this system pursuant to Article 1.7 (commencing with Section 19996.30) of Chapter 7 of Part 2.6 or pursuant to Sections 21110 through 21115 may be reinstated from partial retirement by the board as provided in this article, and thereafter may continue to be employed on a full-time basis by the state, in the same manner as a person who has not been so retired. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  112. 21195.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 7. Reinstatement from Retirement [21190 - 21203] ( Article 7 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The Department of Human Resources may reinstate certain industrial-disability retirees within 12 months if an appropriate vacant position is available, and reinstated persons become entitled to partial disability 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 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 7. Reinstatement from Retirement [21190 - 21203] ( Article 7 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21195. (a) Notwithstanding any other section in Article 6 (commencing with Section 21150) or in this article, the Department of Human Resources may reinstate a person who has retired for industrial disability pursuant to Section 21410, within 12 months after the effective date of retirement, if it has identified an available position with duties that the employee is able to perform. Upon reinstatement, the person shall become entitled to benefits under the partial disability retirement program pursuant to Section 21160. (b) This section shall not apply to any job-related or job-incurred illness or injury that occurs on or after January 1, 2000. (Amended by Stats. 2012, Ch. 665, Sec. 130. (SB 1308) Effective January 1, 2013.)
  113. 21196.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 7. Reinstatement from Retirement [21190 - 21203] ( Article 7 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The board may reinstate a person from retirement if the person applies and the board finds the person is at least six months younger than the compulsory retirement age for the class or category to be employed.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 7. Reinstatement from Retirement [21190 - 21203] ( Article 7 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21196. The board may reinstate a person from retirement upon (a) his or her application to the board for reinstatement and (b) the determination of the board that his or her age at the date of application for reinstatement is at least six months less than the age of compulsory retirement for service applicable to members of the class or category in which it is proposed to employ him or her. The provisions of clause (b) of this section shall apply only to patrol, state peace officer/firefighters, and safety members. The effective date of reinstatement for purposes of this article shall be the first day of compensated employment following approval of reinstatement. (Added by renumbering Section 21101 by Stats. 1996, Ch. 906, Sec. 135. Effective January 1, 1997.)
  114. 21197.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 7. Reinstatement from Retirement [21190 - 21203] ( Article 7 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The board may reinstate a person from industrial disability retirement to a miscellaneous member position if the person applies, medical examination shows the person is not incapacitated, and the former employer has been given notice of intent to reinstate.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 7. Reinstatement from Retirement [21190 - 21203] ( Article 7 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21197. The board may reinstate a person from industrial disability retirement to a miscellaneous member position upon all of the following: (a) His or her application to the board for reinstatement. (b) The determination of the board, based upon medical examination, that he or she is not incapacitated for the duties to be assigned to him or her. (c) The determination of the board that the employer from whose employment the person was retired for industrial disability has been furnished a notice of intent to reinstate that person, that contains information that he or she may be entitled to resume an industrial disability retirement allowance using the salaries earnable under the miscellaneous member position upon termination of the miscellaneous member employment. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  115. 21198.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 7. Reinstatement from Retirement [21190 - 21203] ( Article 7 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A qualifying person must be reinstated from retirement, repay certain retirement amounts, make required contributions, and receives state service credit for the salary-awarded 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 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 7. Reinstatement from Retirement [21190 - 21203] ( Article 7 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21198. A person who has been retired under this system for service following an involuntary termination of his or her employment, and who is subsequently reinstated to that employment pursuant to an administrative or judicial proceeding, shall be reinstated from retirement. The requirements of Section 21196 shall not apply to that reinstatement. Reinstatement shall be effective as of the date from which salary is awarded in the administrative or judicial proceedings, and his or her rights and obligations shall be as specified in this article. However, amounts paid to the person during retirement for any period after the date from which salary is awarded, shall be repaid by him or her to this system, and contributions shall be made for any period for which salary is awarded in the administrative or judicial proceedings in the amount that he or she would have contributed had his or her employment not been terminated, and he or she shall receive credit as state service for the period for which salary is awarded. (Amended by Stats. 1996, Ch. 906, Sec. 142. Effective January 1, 1997.)
  116. 21199.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 7. Reinstatement from Retirement [21190 - 21203] ( Article 7 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A retired person may be reinstated from retirement under this article if the person applies to the board and will be appointed by the Governor to a state office or job.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 7. Reinstatement from Retirement [21190 - 21203] ( Article 7 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21199. A person who has been retired under this system for service may be reinstated from retirement pursuant to this article, without regard to the requirements of Section 21196, upon his or her application to the board, if, upon reinstatement, he or she will be appointed by the Governor to any state office or employment. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  117. 21200.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 7. Reinstatement from Retirement [21190 - 21203] ( Article 7 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    If a person is reinstated from retirement under this article, the retirement allowance must be canceled and the person becomes a member of the system again on the reinstatement 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 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 7. Reinstatement from Retirement [21190 - 21203] ( Article 7 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21200. When any person is reinstated from retirement under this article, his or her retirement allowance shall be canceled immediately, and he or she shall become a member of this system as of the date of reinstatement. His or her individual account shall be credited with an amount that is the actuarial equivalent of his or her annuity at the date of reinstatement, not to exceed the amount of his or her accumulated contributions as it was at the date of retirement. His or her future rate of contributions and his or her retirement allowance upon subsequent retirement shall be determined in accordance with Chapter 8 (commencing with Section 20670) and Chapter 13 (commencing with Section 21250), respectively. The actuarial equivalent under this section shall be adjusted by the board every 10 years, or more frequently, to agree with the interest rate and mortality tables in effect at the commencement of each such 10-year or succeeding interval. (Amended by Stats. 1996, Ch. 906, Sec. 143. Effective January 1, 1997.)
  118. 21201.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 7. Reinstatement from Retirement [21190 - 21203] ( Article 7 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    When a person is reinstated from industrial disability retirement, the retirement allowance is canceled, the person becomes a member again, and the board must recalculate and resume the allowance on later retirement.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 7. Reinstatement from Retirement [21190 - 21203] ( Article 7 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21201. When any person is reinstated from industrial disability retirement under Sections 21191 and 21197, his or her retirement allowance shall be canceled immediately, and he or she shall become a member of this system as of the date of reinstatement. His or her individual account shall be credited with an amount that is the actuarial equivalent of his or her annuity at the date of reinstatement, not to exceed the amount of his or her accumulated contributions as it was at the date of retirement. Upon subsequent retirement, the board shall resume the payment of his or her previous industrial disability retirement allowance using the highest compensation earnable during any period of membership, notwithstanding Section 20036, to recalculate the industrial disability retirement allowance. The member shall receive, in addition to the disability retirement allowance from the employment in which he or she was granted the industrial disability retirement, an annuity purchased with his or her accumulated normal contributions made in respect to other employment covered by this system. If the member is qualified for service retirement, he or she shall receive his or her service retirement allowance, in lieu of the industrial retirement allowance, if the service retirement allowance is greater. (Amended by Stats. 1999, Ch. 785, Sec. 7. Effective January 1, 2000.)
  119. 21202.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 7. Reinstatement from Retirement [21190 - 21203] ( Article 7 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A person employed in violation of Section 21220 may be reinstated to membership in the affected category, as of the date of the unlawful 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 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 7. Reinstatement from Retirement [21190 - 21203] ( Article 7 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21202. A person employed in violation of Section 21220 may be reinstated to membership in the category in which, and on the date on which, the unlawful employment occurred. (Amended by Stats. 2021, Ch. 136, Sec. 1. (SB 411) Effective January 1, 2022.)
  120. 21203.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 7. Reinstatement from Retirement [21190 - 21203] ( Article 7 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A retired person may be reinstated from retirement if the person applies to the board and two 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 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 7. Reinstatement from Retirement [21190 - 21203] ( Article 7 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21203. A person who has been retired under this system for service may be reinstated from retirement pursuant to this article, without regard to the requirements of Section 21196, upon his or her application to the board if both of the following conditions occur: (a) Upon reinstatement, he or she will be appointed by a state board or commission to the position to which the board or commission is entitled to appoint an employee exempt from civil service under the provisions of Article VII of the California Constitution. (b) In the judgment of the board or commission he or she has special knowledge, experience and qualifications respecting the activities of the board or commission. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  121. 21220.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 8. Employment after Retirement [21220 - 21233] ( Article 8 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Retired people covered by this system generally may not be employed by the state, university, a school employer, or a contracting agency unless an exception applies. Employers must report and enroll certain retired members on time, and the board may charge monthly fees for failures to do so.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 8. Employment after Retirement [21220 - 21233] ( Article 8 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21220. (a) A person who has been retired under this system, for service or for disability, may not be employed in any capacity thereafter by the state, the university, a school employer, or a contracting agency, unless the employment qualifies for service credit in the University of California Retirement Plan or the State Teachers’ Retirement Plan, unless the person has first been reinstated from retirement pursuant to this chapter, or unless the employment, without reinstatement, is authorized by this article. A retired person whose employment without reinstatement is authorized by this article shall acquire no service credit or retirement rights under this part with respect to the employment. (b) Any retired member employed in violation of this article, Section 7522.56, or Section 7522.57 shall: (1) Reimburse this system for any retirement allowance received during the period or periods of employment that are in violation of law. (2) Only if reinstated pursuant to Section 21202, pay to this system an amount of money equal to the employee contributions that would otherwise have been paid during the period or periods of unlawful employment, plus interest thereon. (3) Contribute toward reimbursement of this system for administrative expenses incurred in responding to this situation, to the extent the member is determined by the executive officer to be at fault. (c) Any public employer that employs a retired member in violation of this article, Section 7522.56, or Section 7522.57 shall: (1) Only if reinstated pursuant to Section 21202, pay to this system an amount of money equal to employer contributions that would otherwise have been paid for the period or periods of time that the member is employed in violation of this article, plus interest thereon. (2) Contribute toward reimbursement of this system for administrative expenses incurred in responding to this situation, to the extent the employer is determined by the executive officer of this system to be at fault. (d) If an employer fails to enroll, solely for the administrative recordkeeping purposes of the system, a retired member employed in any capacity, without reinstatement, within 30 days of the effective date of hire, the board may assess the employer a fee of two hundred dollars ($200) per retired member per month until the retired member is enrolled in those administrative aspects of the system. (e) If an employer fails to report the pay rate and number of hours worked of a retired member employed in any capacity, without reinstatement, within 30 days following the last day of the pay period in which the retired member worked, the board may assess the employer a fee of two hundred ($200) per retired member per month until the information is reported. (f) An employer shall not pass on to an employee any fees assessed pursuant to subdivisions (d) and (e). (Amended by Stats. 2021, Ch. 136, Sec. 2. (SB 411) Effective January 1, 2022.)
  122. 21220.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 8. Employment after Retirement [21220 - 21233] ( Article 8 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A retiree below normal retirement age must have the required bona fide separation in service before working after retirement, and the board must set the regulatory criteria for when that separation is satisfied.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 8. Employment after Retirement [21220 - 21233] ( Article 8 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21220.5. A retired person who has not attained the normal retirement age shall have a bona fide separation in service to the extent required by the Internal Revenue Code, and the regulations promulgated thereunder, before working after retirement pursuant to this article. The board shall establish, by regulation, the criteria under which a bona fide separation is satisfied. (Added by Stats. 2003, Ch. 519, Sec. 19. Effective January 1, 2004.)
  123. 21221.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 8. Employment after Retirement [21220 - 21233] ( Article 8 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A retired person may take certain public jobs or appointments without being reinstated from retirement, but several role-specific conditions, pay limits, reporting duties, and hour caps apply.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 8. Employment after Retirement [21220 - 21233] ( Article 8 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21221. A retired person may serve without reinstatement from retirement or loss or interruption of benefits provided by this system, as follows: (a) As a member of any board, commission, or advisory committee, upon appointment by the Governor, the Speaker of the Assembly, the President pro Tempore of the Senate, director of a state department, or the governing board of the contracting agency. However, the appointment shall not be deemed employment within the meaning of Division 4 (commencing with Section 3200) and Division 4.5 (commencing with Section 6100) of the Labor Code, and shall not provide a basis for the payment of workers’ compensation to a retired state employee or to his or her dependents. (b) As a school crossing guard. (c) As a juror or election officer. (d) As an elective officer on and after September 15, 1961. However, all rights and immunities which may have accrued under Section 21229 as it read prior to that section’s repeal during the 1969 Regular Session of the Legislature are hereby preserved. (e) As an appointive member of the governing body of a contracting agency. However, the compensation for that office shall not exceed one hundred dollars ($100) per month. (f) Upon appointment by the Legislature, or either house, or a legislative committee to a position deemed by the appointing power to be temporary in nature. (g) Upon employment by a contracting agency to a position found by the governing body, by resolution, to be available because of a leave of absence granted to a person on payroll status for a period not to exceed one year and found by the governing body to require specialized skills. The temporary employment shall be terminated at the end of the leave of absence. Appointments under this section shall be reported to the board and shall be accompanied by the resolution adopted by the governing body. (h) Upon interim appointment by the governing body of a contracting agency to a vacant position during recruitment for a permanent appointment and deemed by the governing body to require specialized skills or during an emergency to prevent stoppage of public business. A retired person shall only be appointed once to this vacant position. These appointments, including any made concurrently pursuant to Section 21224 or 21229, shall not exceed a combined total of 960 hours for all employers each fiscal year. The compensation for the interim appointment shall not exceed the maximum monthly base salary paid to other employees performing comparable duties as listed on a publicly available pay schedule for the vacant position divided by 173.333 to equal an hourly rate. A retired person appointed to a vacant position pursuant to this subdivision shall not receive any benefits, incentives, compensation in lieu of benefits, or any other forms of compensation in addition to the hourly rate. A retired annuitant appointed pursuant to this subdivision shall not work more than 960 hours each fiscal year regardless of whether he or she works for one or more employers. (i) Upon appointment by the Administrative Director of the Courts to the position of Court Security Coordinator, a position deemed temporary in nature and requiring the specialized skills and experience of a retired professional peace officer. (Amended by Stats. 2012, Ch. 833, Sec. 8. (SB 987) Effective January 1, 2013.)
  124. 21222.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 8. Employment after Retirement [21220 - 21233] ( Article 8 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    If a retired person is elected to an elective office and the retirement allowance is based partly or entirely on service in that office, that part of the allowance is suspended while the person serves in the office. Employers other than the state must immediately notify the system of the 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 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 8. Employment after Retirement [21220 - 21233] ( Article 8 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21222. Notwithstanding Section 21221, if a retired person serves without reinstatement from retirement in an elective office and part or all of his or her retirement allowance is based on service in that elective office, the portion of the allowance based on service in that elective office shall be suspended during incumbency in that elective office. The entire retirement allowance shall be paid for time on and after the person vacates the elective office in the monthly amount payable had the allowance not been suspended. The governing body of every employer other than the state shall cause immediate notice to be given to this system of the election of any retired person to an office of the employer. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  125. 21223.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 8. Employment after Retirement [21220 - 21233] ( Article 8 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A retired person may work again for a state or contracting agency, but only with approval and without losing retirement benefits. The person may also receive per diem and necessary travel expenses, but not at a higher per-diem rate than similar workers; the retirement annuity must be deducted from per-diem pay for actual employment 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 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 8. Employment after Retirement [21220 - 21233] ( Article 8 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21223. A retired person may serve without reinstatement from retirement or loss or interruption of benefits provided under this system upon approval of the Director of Human Resources or the governing body of a contracting agency, as the case may be, under employment by any state or contracting agency in which he or she previously served while a member of this system, where by reason of actual litigation, or a proceeding before the Department of General Services or the governing body of a contracting agency, as the case may be, or where the state or contracting agency desires to perpetuate testimony in connection with any anticipated litigation involving the state or contracting agency, and adverse interests, the services of the person are or may be necessary in preparing for trial or in testifying as to matters within or based upon his or her knowledge acquired while employed. He or she may be paid a per diem and actual and necessary traveling expenses, but he or she shall not be paid at a greater rate of compensation per diem than the rate ordinarily paid other persons by state agencies or the contracting agency for similar services. However, there shall be deducted from the per diem compensation sums equal to the retirement annuity allocable to the days of actual employment under this section. (Amended by Stats. 2016, Ch. 31, Sec. 149. (SB 836) Effective June 27, 2016.)
  126. 21225.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 8. Employment after Retirement [21220 - 21233] ( Article 8 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A retired person may work as a substitute in certain California schools without reinstatement or loss of benefits, but only up to 960 hours a fiscal year and subject to exceptions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 8. Employment after Retirement [21220 - 21233] ( Article 8 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21225. (a) A retired person may serve without reinstatement from retirement or loss or interruption of benefits provided by this system as a substitute in a position requiring certification qualifications, pursuant to Section 59007 or 59113 of the Education Code, at the California School for the Deaf or the California School for the Blind, if that service does not exceed a total for all employers of 960 hours in a fiscal year. (b) (1) This section shall not apply to a retired person otherwise eligible to serve without reinstatement from retirement, if during the 12-month period prior to an appointment described in this section, that retired person receives unemployment insurance compensation arising out of prior employment subject to this section with the same employer. (2) A retired person who accepts an appointment after receiving unemployment insurance compensation as described in this subdivision shall terminate that employment on the last day of the current pay period and shall not be eligible for reappointment subject to this section for a period of 12 months following the last day of employment. The retired person shall not be subject to Section 21202 or subdivision (b) of Section 21220. (Amended by Stats. 2006, Ch. 118, Sec. 11. Effective January 1, 2007.)
  127. 21226.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 8. Employment after Retirement [21220 - 21233] ( Article 8 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A retired person may work for a California community college or the University of California without reinstatement if the service stays within 960 hours 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 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 8. Employment after Retirement [21220 - 21233] ( Article 8 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21226. (a) A retired person may serve without reinstatement from retirement or loss or interruption of benefits provided by this system as a member of the academic staff of a California community college or of the University of California, if that service does not exceed a total for all employers of 960 hours in a fiscal year. (b) (1) This section shall not apply to a retired person otherwise eligible to serve without reinstatement from retirement, if during the 12-month period prior to an appointment described in this section, that retired person receives unemployment insurance compensation arising out of prior employment subject to this section with the same employer. (2) A retired person who accepts an appointment after receiving unemployment insurance compensation as described in this subdivision shall terminate that employment on the last day of the current pay period and shall not be eligible for reappointment subject to this section for a period of 12 months following the last day of employment. The retired person shall not be subject to Section 21202 or subdivision (b) of Section 21220. (Amended by Stats. 2006, Ch. 118, Sec. 12. Effective January 1, 2007.)
  128. 21227.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 8. Employment after Retirement [21220 - 21233] ( Article 8 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A retired person may work for the California State University academic staff without reinstatement, but only within stated hour limits. If the person got unemployment insurance from the same employer in the prior 12 months, the section does not apply, and any later appointment triggers immediate end-of-pay-period termination and a 12-month reappointment ban.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 8. Employment after Retirement [21220 - 21233] ( Article 8 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21227. (a) A retired person may serve without reinstatement from retirement or loss or interruption of benefits provided by this system as a member of the academic staff of the California State University, if that service does not exceed a total for all employers of 960 hours in a fiscal year or 50 percent of the hours the member was employed during the last fiscal year of service prior to retirement, whichever is less. (b) (1) This section shall not apply to a retired person otherwise eligible to serve without reinstatement from retirement, if during the 12-month period prior to an appointment described in this section, that retired person receives unemployment insurance compensation arising out of prior employment subject to this section with the same employer. (2) A retired person who accepts an appointment after receiving unemployment insurance compensation as described in this subdivision shall terminate that employment on the last day of the current pay period and shall not be eligible for reappointment subject to this section for a period of 12 months following the last day of employment. The retired person shall not be subject to Section 21202 or subdivision (b) of Section 21220. (Amended by Stats. 2007, Ch. 130, Sec. 125. Effective January 1, 2008.)
  129. 21229.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 8. Employment after Retirement [21220 - 21233] ( Article 8 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A retired person may be appointed to work in limited emergency or specialized-skill situations without reinstatement, but strict hour and pay limits apply.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 8. Employment after Retirement [21220 - 21233] ( Article 8 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21229. (a) A retired person may serve without reinstatement from retirement or loss or interruption of benefits provided by this system upon appointment by a school employer or by the Trustees of the California State University either during an emergency to prevent stoppage of public business or because the retired person has specialized skills needed in performing work of limited duration. These appointments shall not exceed a combined total of 960 hours for all employers each fiscal year. The compensation for the appointment shall not exceed the maximum monthly base salary paid to other employees performing comparable duties as listed on a publicly available pay schedule divided by 173.333 to equal an hourly rate. A retired person appointed pursuant to this section shall not receive any benefits, incentives, compensation in lieu of benefits, or other forms of compensation in addition to the hourly rate. A retired annuitant appointed pursuant to this section shall not work more than 960 hours each fiscal year regardless of whether he or she works for one or more employers. (b) (1) This section shall not apply to a retired person otherwise eligible to serve without reinstatement from retirement, if during the 12-month period prior to an appointment described in this section, that retired person receives unemployment insurance compensation arising out of prior employment subject to this section with the same employer. (2) A retired person who accepts an appointment after receiving unemployment insurance compensation as described in this subdivision shall terminate that employment on the last day of the current pay period and shall not be eligible for reappointment subject to this section for a period of 12 months following the last day of employment. The retired person shall not be subject to Section 21202 or subdivision (b) of Section 21220. (Amended by Stats. 2012, Ch. 41, Sec. 15. (SB 1021) Effective June 27, 2012.)
  130. 21230.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 8. Employment after Retirement [21220 - 21233] ( Article 8 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A retired safety member with at least 20 years of corrections or jail service may be appointed to certain jail leadership roles without losing retirement benefits or having to reinstate service, if the appointing agency is a city without a municipal police department.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 8. Employment after Retirement [21220 - 21233] ( Article 8 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21230. (a) A safety member who is retired for service, with at least 20 years of service in corrections or at a jail, may serve without reinstatement from service retirement or loss or interruption of benefits provided by this system upon appointment by a contracting agency described in subdivision (b) to the position of superintendent, deputy superintendent, or captain of a jail or other adult correctional facility of the contracting agency to which state inmates have been transferred pursuant to an agreement, having a term of 20 years, described in Section 2910 or 2910.5 of the Penal Code. Appointments under this section shall be reported to the board and shall be accompanied by the resolution adopted by the governing body of the contracting agency. (b) This section applies only if the appointing contracting agency is a city that does not maintain a municipal police department. (Added by Stats. 2003, Ch. 861, Sec. 1. Effective January 1, 2004.)
  131. 21231.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 8. Employment after Retirement [21220 - 21233] ( Article 8 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A retired person may serve as an elective officer without reinstatement from retirement or loss of benefits, but if the retirement allowance is based partly or fully on that elective office, that portion is suspended while the person serves. Employers other than the state must immediately notify the system when a retired person is elected to an 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 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 8. Employment after Retirement [21220 - 21233] ( Article 8 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21231. (a) On and after January 1, 2013, a retired person may serve without reinstatement from retirement or loss or interruption of benefits provided by this system, as an elective officer. (b) If a retired person serves without reinstatement from retirement in an elective office and part or all of his or her retirement allowance is based on service in that elective office, the portion of the allowance based on service in that elective office shall be suspended during incumbency in that elective office. The entire retirement allowance shall be paid for time on and after the person vacates the elective office in the monthly amount payable had the allowance not been suspended. The governing body of every employer other than the state shall cause immediate notice to be given to this system of the election of any retired person to an office of the employer. (Added by Stats. 2015, Ch. 25, Sec. 33. (SB 84) Effective June 24, 2015.)
  132. 21232.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 8. Employment after Retirement [21220 - 21233] ( Article 8 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Some disability-retired people may be employed again without reinstatement, if the board finds they are not disabled for that work and the job is not the same one or same classification as before.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 8. Employment after Retirement [21220 - 21233] ( Article 8 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21232. On and after January 1, 2013, a person who has retired for disability and has not attained the mandatory age for retirement for persons in the employment in which he or she will be employed, and whom the board finds is not disabled for that employment, may be so employed by any employer without reinstatement from retirement if the position is not the position from which this person retired or a position in the same member classification. The person’s disability retirement pension shall be reduced during this employment to an amount that, when added to the compensation received, equals the maximum compensation earnable by a person holding the position that he or she held at the time of retirement. This employment shall terminate upon the person’s attainment of the mandatory retirement age for persons in that employment. A person employed under this section shall not be concurrently employed under this article. (Added by Stats. 2015, Ch. 25, Sec. 34. (SB 84) Effective June 24, 2015.)
  133. 21233.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 8. Employment after Retirement [21220 - 21233] ( Article 8 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A disability retiree may not be employed without reinstatement in certain former or restricted positions, and the employer must report details of the employment 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 12. Retirement from Employment [21060 - 21233] ( Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 8. Employment after Retirement [21220 - 21233] ( Article 8 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21233. (a) A person who has retired for disability shall not be employed, pursuant to this article or Section 7522.56, by any employer without reinstatement from retirement if the position is either of the following: (1) The position from which the person retired. (2) A position that includes duties or activities that the person was previously restricted from performing at the time of their retirement. (b) If a person who has retired for disability is employed by an employer without reinstatement pursuant to this article or Section 7522.56, the employer shall provide the board, in a form and manner determined by the board, the nature of the employment and the duties and activities of the position for which the person retired for disability will be employed. (c) This section shall not apply to a person employed by an employer pursuant to Section 21232. (Added by Stats. 2019, Ch. 98, Sec. 1. (AB 672) Effective January 1, 2020.)
  134. 21250.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 1. General Provisions [21250 - 21269] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Benefits under this part are paid in equal monthly installments, with a smaller pro rata amount allowed for part of a 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 13. Retirement Benefits [21250 - 21483] ( Chapter 13 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [21250 - 21269] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21250. A pension, an annuity, special death benefit or retirement allowance granted by this part is payable in equal monthly installments but a smaller pro rata amount may be paid for part of a month when the period of payment begins after the first or ends before the last day of the month. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  135. 21251.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 1. General Provisions [21250 - 21269] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The board may set up a special account and procedure to pay estimated benefits on an emergency 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 13. Retirement Benefits [21250 - 21483] ( Chapter 13 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [21250 - 21269] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21251. Notwithstanding Section 20172, the board may establish a special account and procedure to directly pay estimated benefits on an emergency basis. Payments under the special account shall be deducted from benefits otherwise due and payable under this part. The board shall furnish each recipient of funds from this account with notice that the payment is an estimated amount and that any adjustments necessary due to inaccuracies in estimating shall be corrected as soon as practicable. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  136. 21251.13.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 13. Retirement Benefits [21250 - 21483] ( Chapter 13 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [21250 - 21269] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Certain retirement-benefit provisions only operate if the board adopts a specified resolution, and some provisions apply only to covered employees after extra approval steps.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 1. General Provisions [21250 - 21269] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21251.13. (a) Notwithstanding any other provision of law, Sections 21070.5, 21070.6, 21073.1, 21073.7, 21354.1, 21362.2, 21363.1, and 21369.1 and the amendments to Sections 21070, 21071, 21072, 21073, 21073.5, and 21353.5, enacted during the first year of the 1999–2000 Regular Session: (1) Shall not become operative unless the board adopts a resolution that does both of the following: (A) employs, for the June 30, 1998, valuation, 95 percent of the market value of assets of the state employer as the actuarial value of the assets; and (B) amortizes the June 30, 1998, excess assets over a period of 20 years, beginning July 1, 1999. (2) Shall not apply to a state employee, as defined in subdivision (c) of Section 3513, in a bargaining unit unless and until incorporated in a memorandum of understanding, pursuant to Section 3517.5, applicable to that bargaining unit. (3) Shall not apply to excluded employees, as defined in Section 3527, unless the Department of Human Resources has approved the application of those provisions to those employees. Notwithstanding any provision of law to the contrary, any approval by the Department of Human Resources for the application of these provisions to those excluded employees is irrevocable. (b) Notwithstanding anything in a memorandum of understanding to the contrary, (1) the benefits provided under the provisions of those sections described in subdivision (a), as added or amended during the first year of the 1999–2000 Regular Session, shall not terminate upon the expiration or termination of the memorandum of understanding, and (2) the only conditions to the operation of the provisions of those sections described in subdivision (a), as added or amended during the first year of the 1999–2000 Regular Session, are contained in this section. (c) Notwithstanding Section 3517.8 or any provision of a memorandum of understanding that has been continued in effect on and after January 15, 2011, pursuant to Section 3517.8 to the contrary, the retirement formulas in Sections 21354.1, 21363.3, 21363.4, 21363.8, and 21369.1 shall only apply to state employees who were first employed and subject to those sections before January 15, 2011. Those sections shall not apply to any state employee member first employed on and after January 15, 2011. (d) Upon request by the state employer or other entity, or on its own volition, the board may change the amortization period, or take any other action the board deems necessary or appropriate, to mitigate the impact of unforeseen factors that may cause an increase in the employer contribution by the state. Nothing in this section shall be construed to limit the board’s authority under Section 17 of Article 16 of the California Constitution. (Amended by Stats. 2012, Ch. 665, Sec. 132. (SB 1308) Effective January 1, 2013.)
  137. 21251.15.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 13. Retirement Benefits [21250 - 21483] ( Chapter 13 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [21250 - 21269] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section sets how a member’s retirement allowance is calculated after a divided account, using the nonmember’s retirement timing and related service-age 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 13. Retirement Benefits [21250 - 21483] ( Chapter 13 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [21250 - 21269] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21251.15. (a) Notwithstanding any other provision of this part, when a member’s account has been divided pursuant to Section 21290, and the nonmember has not effected a refund of accumulated contributions pursuant to Section 21292 prior to the member’s effective date of retirement, and the nonmember has sufficient credited service to retire for service, the retirement allowance payable to a member who retires on or after January 1, 2004, shall be equal to the difference between (1) the allowance that would have been payable to the member had the division of the account not occurred and (2) the allowance payable to the nonmember on either (A) the effective date of the nonmember’s retirement, or (B) if the nonmember has not retired on or before the member’s effective date of retirement, the date the nonmember would have attained the age of 50 years, for service subject to Sections 21362.2, 21363.3, 21363.4, and 21363.8, and the date the nonmember would have attained the age of 55 years, or the nonmember’s actual age if older than the age of 55 years on the effective date of the member’s retirement, for all other service. (b) If the nonmember retires prior to the effective date of the member’s retirement, an actuarial adjustment shall also be made to the member’s allowance to account for the benefits received by the nonmember spouse prior to the member’s effective date of retirement. (c) In no event may the member’s retirement allowance payable under this section be less than the allowance that would otherwise be payable under this part. (Amended by Stats. 2004, Ch. 231, Sec. 3. Effective January 1, 2005.)
  138. 21252.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 1. General Provisions [21250 - 21269] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section sets when a retirement application is treated as filed and who may submit one.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 13. Retirement Benefits [21250 - 21483] ( Chapter 13 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [21250 - 21269] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21252. (a) A member’s written application for retirement, if submitted to the board within nine months after the date the member discontinued his or her state service, and, in the case of retirement for disability, if the member was physically or mentally incapacitated to perform his or her duties from the date the member discontinued state service to the time the written application for retirement was submitted to the board, shall be deemed to have been submitted on the last day for which salary was payable. The effective date of a written application for retirement submitted to the board more than nine months after the member’s discontinuance of state service shall be the first day of the month in which the member’s application is received at an office of the board or by an employee of this system designated by the board. (b) An application for retirement may only be submitted by or for a member who is living on the date the application is actually received by the system. If the member has been deemed incompetent to act on his or her own behalf continuously from the last day for which salary was payable, the effective date of retirement may not be earlier than one year prior to the month in which an application submitted by the guardian of the member’s estate is received by the system. (c) Notwithstanding any other provision of law, a member who separates from a retirement system that has established reciprocity with this system with the intention of retiring concurrently under both systems and who submits his or her application for retirement for service to the board within nine months after that separation, may have his or her application received and acted upon by this system as if the application were submitted pursuant to this section. (Amended by Stats. 2009, Ch. 130, Sec. 28. (AB 966) Effective January 1, 2010.)
  139. 21254.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 1. General Provisions [21250 - 21269] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Certain pension-related rights are exempt from taxation, including inheritance tax.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 1. General Provisions [21250 - 21269] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21254. The right of a person to a pension, retirement allowance, return of contributions, the pension, retirement allowance, any optional benefit, or any other right accrued or accruing to any person under this part are exempt from taxation, including any inheritance tax, whether state, county, municipal, or district. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  140. 21255.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 1. General Provisions [21250 - 21269] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Benefits, other rights under this part, and retirement fund money are generally protected from execution or other process, and they cannot be assigned except as this part specifically allows.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 13. Retirement Benefits [21250 - 21483] ( Chapter 13 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [21250 - 21269] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21255. The right of a person to any benefit or other right under this part and the money in the retirement fund are not subject to execution or any process whatsoever except to the extent permitted by Section 704.110 of the Code of Civil Procedure, and are unassignable, except as specifically provided in this part. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  141. 21256.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 1. General Provisions [21250 - 21269] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    An allowance may be paid directly to a trust, and the trust’s trustee may choose tax withholding elections and update the address for annuitant payments and correspondence.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 1. General Provisions [21250 - 21269] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21256. Any allowance may be paid directly to a trust. A trustee of the trust shall have the right to make tax withholding elections and to change the address for annuitant payments and correspondence. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  142. 21257.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 1. General Provisions [21250 - 21269] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Benefits payable under this system after August 4, 1943 must not be reduced or changed because of amounts paid to a retired member or beneficiary under Division 4 of the Labor Code.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 13. Retirement Benefits [21250 - 21483] ( Chapter 13 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [21250 - 21269] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21257. The benefits payable after August 4, 1943 under this system shall not be modified on account of any amounts paid to a retired member or beneficiary under Division 4 (commencing with Section 3200) of the Labor Code. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  143. 21258.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 1. General Provisions [21250 - 21269] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A member may be treated as being in the earlier membership category for disability retirement or death benefits if the later disability or death is caused by the same industrial injury or disease.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 1. General Provisions [21250 - 21269] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21258. For the purposes of determining eligibility for disability retirement, calculating disability retirement allowances, and determining and calculating death benefits, any member who, while in a membership category under which special benefits are provided by this part because a disability or death is determined industrial, and thereafter, while in a membership category under which special benefits are not so payable, is determined to be disabled because of the industrial injury or disease previously suffered or incurred or dies as a result thereof, shall be deemed to be, at the time of the disability retirement or death, in the membership category in which he or she was at the time he or she suffered the injury or incurred the disease. The member will be eligible to receive the industrial disability retirement benefit only if he or she was disabled for performance of his or her duties in the position under the membership category where industrial disability benefits are payable, from the date of discontinuance of the state service in which the industrial injury or disease occurred to the time of application. The effective date of retirement for purposes of this section shall be determined in accordance with Section 21252. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  144. 21259.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 1. General Provisions [21250 - 21269] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A qualified member keeps the right to a retirement allowance, so long as they comply with 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 13. Retirement Benefits [21250 - 21483] ( Chapter 13 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [21250 - 21269] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21259. Subject to compliance with this part, after a member has qualified as to service and disability for retirement for disability, or as to age and service for retirement for service, nothing shall deprive him or her of the right to a retirement allowance as determined under this part. (Amended by Stats. 2001, Ch. 793, Sec. 20. Effective January 1, 2002.)
  145. 21260.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 1. General Provisions [21250 - 21269] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A beneficiary or survivor receiving a monthly allowance under $10 may choose a one-time actuarial equivalent payment instead.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 1. General Provisions [21250 - 21269] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21260. In lieu of receiving a monthly allowance that is less than ten dollars ($10) per month, the beneficiary or survivor entitled to the allowance may elect to receive the actuarial equivalent of the monthly allowance in one payment. Payment of the actuarial equivalent amount pursuant to that election discharges this system from all further liability for the allowance otherwise payable. The beneficiary or survivor may make the election provided by this section within 90 days from the date this system notifies him or her of the right to make the election. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  146. 21261.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 1. General Provisions [21250 - 21269] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section says certain retirement-benefit applications and beneficiary changes need the current spouse’s signature unless the member makes a sworn written declaration that one of several listed exceptions applies.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 13. Retirement Benefits [21250 - 21483] ( Chapter 13 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [21250 - 21269] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21261. The sole purpose of this section is to notify the current spouse of the selection of benefits or change of beneficiary made by a member. This section is not intended to conflict with community property law. (a) An application for a refund of the member’s accumulated contributions, an election of optional settlement, a designation of beneficiary, or a change in beneficiary designation shall contain the signature of the current spouse of the member, unless the member declares, in writing under penalty of perjury, any of the following: (1) The member is not married. (2) The current spouse has no identifiable community property interest in the benefit. (3) The member does not know, and has taken all reasonable steps to determine, the whereabouts of the current spouse. (4) The current spouse has been advised of the application and has refused to sign the written acknowledgment. (5) The current spouse is incapable of executing the acknowledgment because of an incapacitating mental or physical condition. (6) The member and the current spouse have executed a marriage settlement agreement pursuant to Part 5 (commencing with Section 1500) of Division 4 of the Family Code that makes the community property law inapplicable to the marriage. (b) Notwithstanding subdivision (a), the designation of a member’s current spouse as the member’s sole primary beneficiary on any lump-sum beneficiary designation shall not require the signature of the member’s current spouse. (c) Notwithstanding subdivision (a), when a member makes an election of optional settlement that, upon the member’s death, provides the member’s current spouse with a monthly lifetime allowance that is the same as the monthly lifetime allowance received by the member, and the member’s current spouse is also designated as the member’s sole primary beneficiary on any lump-sum beneficiary designation, the election shall not require the signature of the member’s current spouse. (Amended by Stats. 2017, Ch. 241, Sec. 8. (SB 525) Effective January 1, 2018.)
  147. 21263.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 1. General Provisions [21250 - 21269] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )

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    When the system makes a payment or refund under this part, the payment discharges the system from adverse claims unless it first receives written notice in Sacramento from someone else claiming the money.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 1. General Provisions [21250 - 21269] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21263. Notwithstanding the provisions of Sections 751 and 1100 of the Family Code, whenever payment or refund is made by this system to a member, former member, beneficiary of a member or estate of a member pursuant to any provision of this part, or to the State Department of Social Services under the provisions of the Welfare and Institutions Code, the payment shall fully discharge this system from all adverse claims thereto unless, before the payment or refund is made, this system has received at its office in Sacramento written notice by or on behalf of some other person that the person claims to be entitled to the payment or refund. (Amended by Stats. 1996, Ch. 927, Sec. 3. Effective January 1, 1997.)
  148. 21264.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 1. General Provisions [21250 - 21269] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Retired members and certain beneficiaries may authorize deductions from retirement payments for specified premiums, credit union payments, dues, or other services, under board procedures.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 1. General Provisions [21250 - 21269] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21264. Retired members of this system, and beneficiaries who are entitled to receive allowances or benefits under this part, may authorize deductions to be made from their retirement allowance payments or from the allowances and benefits, respectively, or from either or both if both are being received, in accordance with regulations or procedures established by the board for the payment of group insurance premiums and other premiums for benefits or protection provided for under Section 1151, including employer-sponsored voluntary insurance programs, for credit union payments or shares, or for the payment, with respect to any retired member of this system, of dues or for any other services pursuant to Article 6 (commencing with Section 1150) of Chapter 1 of Division 4 of Title 4. The board shall determine the additional cost involved in making deductions under this section and the state agency, the public agency, the association, or the unit thereof, or the credit union shall pay the amount of the additional cost to the board for deposit in the retirement fund. (Amended by Stats. 2009, Ch. 130, Sec. 29. (AB 966) Effective January 1, 2010.)
  149. 21265.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 1. General Provisions [21250 - 21269] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Retired members and eligible beneficiaries may authorize deduction of charitable contributions from their retirement payments, subject to board regulations and approved plans.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 1. General Provisions [21250 - 21269] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21265. Retired members of this system, and beneficiaries who are entitled to receive allowances or benefits under this part, may authorize deductions to be made from their retirement allowance payments or from the allowances and benefits, respectively, or from either or both when both are being received in accordance with regulations established by the board for the payment of charitable contributions under any plan approved by the board. In lieu of approving individual plans, the board, at its discretion, may adopt by reference those plans approved by the Department of General Services under Section 13923. The board shall determine the additional cost involved in making deductions under this section, and the agency to receive the contributions shall pay the amount of the additional cost to the board for deposit in the retirement fund. (Amended by Stats. 2016, Ch. 31, Sec. 150. (SB 836) Effective June 27, 2016.)
  150. 21266.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 1. General Provisions [21250 - 21269] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    If proof satisfactory to the board shows a retirement-system warrant was lost, the Controller must issue a duplicate warrant for the same amount when the board requests it, and no bond from the payee is required.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 13. Retirement Benefits [21250 - 21483] ( Chapter 13 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [21250 - 21269] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21266. Upon receipt of proof, satisfactory to the board, that a warrant drawn in payment of a retirement allowance or in payment of any other account due from the retirement system has been lost, the Controller upon the request of the board shall issue a duplicate warrant in payment of the same amount, without requiring a bond from the payee, and any loss incurred in connection therewith shall be charged against the account from which the payment was derived. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  151. 21267.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 1. General Provisions [21250 - 21269] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A benefit recipient may choose direct deposit by electronic transfer into an account at a financial institution of the recipient’s choice, under the direct-deposit program in Section 21268.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 1. General Provisions [21250 - 21269] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21267. (a) Notwithstanding any other provision of law, any person entitled to the receipt of benefits from any state retirement system may authorize the payment of the benefits to be directly deposited by electronic fund transfer into the person’s account at the financial institution of his or her choice under a program for direct deposit by electronic transfer established pursuant to Section 21268. The direct deposit shall discharge the state agency’s obligation with respect to that payment. (b) Any payments directly deposited by electronic fund transfer following the date of death of a person who was entitled to the receipt of the benefits from a state retirement system shall be refunded to the retirement system. (Amended by Stats. 2004, Ch. 506, Sec. 2. Effective January 1, 2005.)
  152. 21268.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 1. General Provisions [21250 - 21269] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The Controller may set up a direct-deposit program for retirement benefits and may make agreements with participating financial institutions; if the Controller does not do so, the retirement system’s administrative body may make the agreement.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 13. Retirement Benefits [21250 - 21483] ( Chapter 13 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [21250 - 21269] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21268. The Controller may make an agreement with one or more financial institutions participating in the Automated Clearing House pursuant to the local rules, and may establish a program, for the direct deposit by electronic fund transfer of the benefits, after any withholding required by law and authorized deductions, of any person entitled to the receipt of benefits from any state retirement system who authorizes the direct deposit thereof by electronic fund transfer into the person’s account at the financial institution of his or her choice. If the Controller does not make an agreement establishing a program for direct deposit by electronic fund transfer of the retirement benefits, the administrative body of any state retirement system may make such an agreement. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  153. 21269.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 1. General Provisions [21250 - 21269] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Beneficiaries may request electronic fund transfer payment, and the board must provide monthly payment information and honor certain written requests about mailing copies.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 1. General Provisions [21250 - 21269] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21269. (a) Any person entitled to a benefit from this system may request that payment be made by deposit by electronic fund transfer in the person’s bank, savings and loan association, or credit union account. (b) If deposit pursuant to subdivision (a) is not available, deposit may be made by mail in the person’s bank, savings and loan association, or credit union account. (c) Mailing of the warrant or electronic fund transfer is a full discharge of the board and this system. (d) The board shall make available, in a manner it determines appropriate, copies of the monthly benefit payment information electronically or by mail. (1) If the board elects to mail copies of this payment information to all or a portion of persons receiving monthly benefit payments, it shall not send a copy of the benefit payment information to any person who has had payment made by electronic fund transfer or by mail pursuant to subdivision (a) or (b), if the board has received a written request from that person that it not be sent. (2) The board shall notify persons subject to this section, in the monthly benefit payment notice, of their right to request that no copy of the benefit payment information be mailed, pursuant to paragraph (1). (3) If the board does not elect to mail copies of this payment information to all or a portion of persons receiving monthly benefit payments, it shall notify a person subject to this section of his or her right to request that a copy of the benefit payment information be mailed. The board shall mail a copy of the benefit payment information if the system has received a written request to do so from that person. (Amended by Stats. 2013, Ch. 778, Sec. 5. (SB 215) Effective January 1, 2014.)
  154. 21290.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 2. Community Property [21290 - 21298] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

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    When a member’s marriage is legally separated or dissolved, the court must record the separation date and may have to split certain retirement contributions and service credit into separate accounts. The provision also requires the court to address specific rights of the nonmember, while limiting certain benefits for a nonmember.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 2. Community Property [21290 - 21298] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21290. (a) Upon the legal separation or dissolution of marriage of a member, the court shall include in the judgment or a court order the date on which the parties separated. (b) If the community property is divided in accordance with paragraph (3) of subdivision (a) of Section 2610 of the Family Code, the court shall order that the accumulated contributions and service credit attributable to periods of service during the marriage be divided into two separate and distinct accounts in the name of the member and the nonmember, respectively. Any service credit or accumulated contributions that are not explicitly awarded by the judgment or court order shall be deemed the exclusive property of the member. (c) The court shall address the rights of the nonmember to the following: (1) The right to a retirement allowance, and the consequent right to elect an optional settlement and designate a beneficiary. (2) The right to a refund of accumulated contributions. (3) The right to redeposit accumulated contributions that are eligible for redeposit by the member under Sections 20750 and 20752. (4) The right to purchase service credit that is eligible for purchase by the member under Article 4 (commencing with Section 20990) and Article 5 (commencing with Section 21020) of Chapter 11. (5) The right to designate a beneficiary to receive his or her accumulated contributions payable where death occurs prior to retirement. (6) The right to designate a beneficiary for any unpaid allowance payable at the time of the nonmember’s death. (7) The right to elect coverage in the Second Tier for that member service that is subject to the Second Tier, provided that the election is made within one year of the establishment of the nonmember account or prior to the nonmember’s retirement, whichever occurs first. Immediately upon establishment of a nonmember account, the board shall provide, by certified mail, the necessary form and information so that the election may be made. (d) In the capacity of nonmember, he or she shall not be entitled to any disability or industrial disability retirement allowance, any basic death benefit, any special death benefit, any monthly allowance for survivors of a member or retired person, any insurance benefit, or retired member lump-sum death benefit. No survivor continuance allowance shall be payable to a survivor of a nonmember. (e) (1) A nonmember whose account is credited with service subject to the Second Tier benefits provided in Section 21076 or 21077 may make an irrevocable election, to be filed with the board, to have his or her Second Tier service credited under Section 21354.1, if the following conditions are met: (A) The member is employed by the state on or after January 1, 2000. (B) If eligible, the member has made the election provided in subdivision (a) of Section 21073.7 at the time of the nonmember’s election. (2) An election under this subdivision shall be effective the first of the month following the date the election is received by the system. An election under this subdivision may be made at any time prior to the retirement of the nonmember or prior to payment of a refund of the accumulated contributions in the separate account of the nonmember. A nonmember who makes the election under this subdivision shall make the contributions specified in Section 21073.1. (3) The term “member” as used in this subdivision means the person from whose account the Second Tier service that is credited to the separate account of the nonmember was derived. (Amended by Stats. 2001, Ch. 21, Sec. 11. Effective June 25, 2001. Applicable from January 1, 2000, by Sec. 37 of Ch. 21.)
  155. 21291.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 2. Community Property [21290 - 21298] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section defines “nonmember” for this article.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 13. Retirement Benefits [21250 - 21483] ( Chapter 13 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Community Property [21290 - 21298] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21291. “Nonmember,” as used in this article, means the spouse or former spouse of a member, who as a result of petitioning the court for the division of community property, has been awarded a distinct and separate account reflecting specific credited service and accumulated contributions. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  156. 21291.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 13. Retirement Benefits [21250 - 21483] ( Chapter 13 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Community Property [21290 - 21298] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A spouse or registered domestic partner who is not an alternate payee may not receive a distribution until the member separates from 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 13. Retirement Benefits [21250 - 21483] ( Chapter 13 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Community Property [21290 - 21298] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21291.5. Notwithstanding any other provision of this article, a spouse or registered domestic partner who is not an alternate payee, as defined in Section 414(p)(8) of the Internal Revenue Code (26 U.S.C. Sec. 401 et seq.) shall not receive a distribution until the member separates from employment. (Added by Stats. 2005, Ch. 418, Sec. 13. Effective January 1, 2006.)
  157. 21292.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 2. Community Property [21290 - 21298] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A nonmember awarded a separate account can get a refund of accumulated contributions, but must apply on the system’s form. Once the refund is effective, the nonmember cannot cancel it, redeposit the refunded contributions, or buy service credit under the listed 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 13. Retirement Benefits [21250 - 21483] ( Chapter 13 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Community Property [21290 - 21298] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21292. (a) The nonmember who is awarded a separate account shall have the right to a refund of the accumulated contributions in the separate account of the nonmember. (b) The nonmember shall file an application on a form provided by this system to obtain the refund. (c) The refund shall be effective when this system deposits in the United States mail an initial warrant drawn in favor of the nonmember and addressed to the latest address for the nonmember on file with this system. (d) The nonmember is deemed to have permanently waived all rights in this system and all rights to any future retirement benefits pertaining to the service credit accumulated contributions, or both, when the refund becomes effective. (e) The nonmember may not cancel a refund once it has become effective. (f) The nonmember shall have no right to elect to redeposit the refunded accumulated contributions from the nonmember’s account after the refund is effective, and shall have no right to redeposit under Section 20750 or 20752 , or to purchase service credit under Article 4 (commencing with Section 20990) or Article 5 (commencing with Section 21020) of Chapter 11 after the refund becomes effective. (g) If at the time of the marriage dissolution or legal separation, the member does not have the necessary minimum credited service to retire, the nonmember shall receive a refund of the accumulated contributions placed in the nonmember’s account. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  158. 21293.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 2. Community Property [21290 - 21298] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A nonmember with a separate account may redeposit certain refunded contributions, but only under the court’s determination and 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 13. Retirement Benefits [21250 - 21483] ( Chapter 13 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Community Property [21290 - 21298] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21293. (a) The nonmember who is awarded a separate account may redeposit accumulated contributions previously refunded to the member in accordance with the determination of the court required by Section 21290. (b) The nonmember may redeposit only those accumulated contributions that were previously refunded to the member and that the court has determined to be the community property interest of the nonmember in the accumulated contributions. (c) If the nonmember elects to redeposit, he or she shall repay the accumulated contributions pursuant to Section 20750 or Section 20752. (d) An election to redeposit shall be considered an election to repay all accumulated contributions previously refunded that the nonmember is entitled to redeposit. (e) The right of the nonmember to redeposit is subject to the regulations of the board. (f) The member has no right to redeposit the share of the nonmember in the previously refunded accumulated contributions unless the nonmember has permanently waived all rights in the system by effecting a refund of accumulated contributions pursuant to Section 21292. However, any right to redeposit previously refunded accumulated contributions not explicitly awarded to the nonmember by the judgment or court order shall be deemed the exclusive property of the member. (g) If the nonmember elected to redeposit upon retirement and has subsequently died, prior to completing the redeposit, the board shall file a claim against the estate of the decedent to recover benefit payments that exceeded those for which payment was made. (Amended by Stats. 2003, Ch. 855, Sec. 8. Effective January 1, 2004.)
  159. 21294.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 2. Community Property [21290 - 21298] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A nonmember may buy certain service credit, but must pay the required contributions and interest before retirement if they choose to buy 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 13. Retirement Benefits [21250 - 21483] ( Chapter 13 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Community Property [21290 - 21298] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21294. (a) The nonmember shall have the right to purchase service credit pursuant to the determination of the court required by Section 21290. (b) The nonmember may purchase only that service credit that the court, pursuant to Section 21290 has determined to be the community property interest of the nonmember spouse. (c) If the nonmember elects to purchase service credit, he or she shall pay, prior to retirement, the contributions and interest required by Article 4 (commencing with Section 20990) and Article 5 (commencing with Section 21020) of Chapter 11 and pursuant to the regulations of the board. (d) The nonmember shall have no right to purchase the service credit after the effective date of a refund of the accumulated contributions in the separate account of the nonmember. (e) The member has no right to purchase the community property interest of the nonmember of the service credit unless the nonmember has permanently waived all rights in the system by effecting a refund of accumulated contributions pursuant to Section 21292. However, any service credit eligible for purchase that is not explicitly awarded to the nonmember by the judgment or court order shall be deemed the exclusive property of the member. (f) If the nonmember elected to purchase service credits upon retirement and has subsequently died, prior to completing the purchase, the board shall file a claim against the estate of the deceased to recover benefit payments that exceeded those for which payment was made. (Amended by Stats. 2003, Ch. 855, Sec. 9. Effective January 1, 2004.)
  160. 21295.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 2. Community Property [21290 - 21298] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A nonmember must be retired by the board when the person applies in writing 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 13. Retirement Benefits [21250 - 21483] ( Chapter 13 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Community Property [21290 - 21298] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21295. A nonmember shall be retired upon his or her written application to the board if all of the following conditions are met: (a) The nonmember has attained the minimum age prescribed by the applicable service retirement formula of the member. (b) On the date of marriage dissolution or legal separation, the member had sufficient credited service to retire for service. (c) On the date of application, the member has attained minimum retirement age to receive a service retirement allowance. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  161. 21296.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 2. Community Property [21290 - 21298] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Retirement becomes effective on the date named in the nonmember’s application, or later if a court order date is later; late receipt of the application can delay when retirement and allowance accrual start.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 2. Community Property [21290 - 21298] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21296. Retirement shall be effective and the retirement allowance shall begin to accrue as of the date designated in the nonmember’s application as the effective date of retirement, or the day following the date of court order dividing the community property of the member and nonmember, if later. If the retirement application is not received within nine months of the requested effective date, in no event shall the retirement become effective or the retirement allowance begin to accrue earlier than the first day of the month in which the nonmember’s application is received at an office of the board or by an employee of this system designated by the board, or, if the nonmember has been incompetent to act on his or her own behalf continuously from the date of dissolution or legal separation, one year prior to the month in which an application by the guardian of his or her estate is so received. An application for retirement may only be filed by or for a nonmember who is living on the date the application is actually received by this system. The effective date of a nonmember application for retirement received more than nine months after the requested effective date shall be determined in accordance with Section 20160. (Amended by Stats. 2009, Ch. 130, Sec. 30. (AB 966) Effective January 1, 2010.)
  162. 21297.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 2. Community Property [21290 - 21298] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    For a nonmember, “final compensation” is defined using the member’s highest average annual compensation, and the nonmember may choose an earlier period if the marriage and membership periods correspond.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 2. Community Property [21290 - 21298] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21297. For a nonmember, “final compensation” means the highest average annual compensation earnable by the member during the three consecutive years, or one year where applicable, prior to the date of dissolution of marriage or legal separation. The nonmember may designate an earlier period to be used where the time period of the nonmember’s marriage to the member and membership correspond. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  163. 21298.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 2. Community Property [21290 - 21298] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A qualifying nonmember must receive a retirement allowance based on the service retirement formula for the credited 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 13. Retirement Benefits [21250 - 21483] ( Chapter 13 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Community Property [21290 - 21298] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21298. (a) A nonmember entitled to receive a retirement allowance shall receive a retirement allowance based on the service retirement formula applicable to the service credited to the nonmember. (b) The retirement allowance shall consist of a pension and an annuity, the latter of which shall be derived from the nonmember’s accumulated contributions. The nonmember’s retirement allowance, based upon the service credited by the employer and the nonmember’s effective date of retirement, shall be subject to all cost-of-living increases, ad hoc increases, and increases provided by Section 21337 or 21337.1. (c) If, prior to the nonmember’s retirement, there is any increase in the service retirement formula that applies to service credited to the nonmember, that increase shall apply to the applicable service credited to the nonmember, provided that the same increase also applies to the applicable service credited to the member from whose account the nonmember’s service was derived. (Amended by Stats. 2001, Ch. 793, Sec. 21. Effective January 1, 2002.)
  164. 21310.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 3. Cost-of-Living Adjustments [21310 - 21337.1] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section states the Legislature’s purpose: to preserve the purchasing power of benefits under the Public Employees’ Retirement Law by adjusting benefits for changes in living costs.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 13. Retirement Benefits [21250 - 21483] ( Chapter 13 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Cost-of-Living Adjustments [21310 - 21337.1] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21310. It is the purpose of the Legislature in enacting this article to provide for the preservation of the purchasing power of benefits under the Public Employees’ Retirement Law through a system of adjustments in benefits based on changes in living costs. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  165. 21310.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 13. Retirement Benefits [21250 - 21483] ( Chapter 13 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Cost-of-Living Adjustments [21310 - 21337.1] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The section incorporates certain federal cost-of-living adjustment rules and keeps them applicable after a member leaves employment or starts annuity payments. It also caps the amount payable in any limitation year at the applicable federal limit.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 3. Cost-of-Living Adjustments [21310 - 21337.1] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21310.5. The cost-of-living adjustments under Section 415(d) of the Internal Revenue Code to the limits described in Section 415(b) of the Internal Revenue Code, as prescribed by the regulations of the Department of the Treasury of the United States, are hereby incorporated by reference and shall continue to apply after a member’s severance from employment or annuity starting date. The amount payable to a member in any limitation year, including any cost-of-living adjustments provided under this article, shall not be greater than the limit applicable under Section 415(b) of the Internal Revenue Code at the annuity starting date, as increased in subsequent years pursuant to Section 415(d) of the Internal Revenue Code and the associated regulations. (Added by Stats. 2009, Ch. 130, Sec. 31. (AB 966) Effective January 1, 2010.)
  166. 21311.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 3. Cost-of-Living Adjustments [21310 - 21337.1] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section defines key terms used for cost-of-living adjustments under the 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 13. Retirement Benefits [21250 - 21483] ( Chapter 13 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Cost-of-Living Adjustments [21310 - 21337.1] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21311. The following definitions shall govern the application of this article: (a) “Monthly allowance” means any allowance payable monthly to a retired person, a survivor or beneficiary of a member or a retired person, other than a monthly installment of a basic death benefit, the commuted value of an unpaid temporary annuity, or an optional settlement 1, or allowances payable under Article 3 (commencing with Section 21570) of Chapter 14. There shall be excluded from the monthly allowance, for purposes of any adjustment under this article, any portion of the allowance derived from accumulated additional contributions of a member. (b) “Base allowance” means the amount of monthly allowance that would be payable to the recipient at the time of an annual adjustment under this article had this article not been enacted. (c) Effective January 1, 1978, “Consumer Price Index” means the United States city average “Consumer Price Index for All Urban Consumers.” The “Consumer Price Index” for any period prior to January 1, 1978, means the United States city average consumer price index. Should the reference base of the consumer price indices (presently 1957–59=100) be changed, each of the indices used to determine the consumer price index as defined in this section will be the indices converted to the new base by standard statistical methods. (d) “Base year” means: (1) The calendar year 1965 for all members whose retirement occurred prior to January 1, 1966, and for the beneficiaries and survivors of those retired members. (2) The calendar year of retirement for all members whose retirement occurs after December 31, 1965, and for the beneficiaries and survivors of those members. (3) The calendar year 1965 for survivors of members whose death occurred before January 1, 1966. (4) The calendar year in which a member’s death occurs for survivors of members whose death occurred before retirement and on or after January 1, 1966. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  167. 21312.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 3. Cost-of-Living Adjustments [21310 - 21337.1] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Certain retirement allowances must be adjusted under this article, with special base-year and cutoff rules for contracts tied to specific dates.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 3. Cost-of-Living Adjustments [21310 - 21337.1] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21312. Notwithstanding Section 20481, monthly allowances payable to persons retired under a local system of a contracting agency at the time of contract shall be adjusted in accordance with this article. However, with respect to those retired persons under a contract effective on or after April 1, 1973, the “base year” shall be the year in which the contract is effective. Allowances payable for service to a public agency whose contract is terminated on or after December 1, 1969, shall be adjusted in accordance with this article subject to reduction in accordance with Section 20577. Allowances payable for service to a public agency whose contract was terminated prior to December 1, 1969, shall not be adjusted in accordance with this article. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  168. 21313.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 3. Cost-of-Living Adjustments [21310 - 21337.1] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Monthly allowances are adjusted annually using a consumer price index ratio, subject to this article’s conditions and 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 13. Retirement Benefits [21250 - 21483] ( Chapter 13 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Cost-of-Living Adjustments [21310 - 21337.1] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21313. Monthly allowances shall be adjusted annually for time commencing on April 1 and effective with the monthly allowance regularly payable on the first day of May beginning with May 1, 1969. The adjusted monthly allowance shall be equal to the base allowance multiplied by an adjustment factor which is equal to the ratio obtained by dividing the consumer price index for the immediately preceding year by the consumer price index for the recipient’s base year. The adjustments shall be subject to the conditions and limits provided in this article. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  169. 21317.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 3. Cost-of-Living Adjustments [21310 - 21337.1] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section increases certain local safety members’ monthly allowances by 15% and sets rules for employer contributions, actuarial assumptions, and agency election timing.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 3. Cost-of-Living Adjustments [21310 - 21337.1] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21317. (a) In addition to the increase of allowance authorized by and granted pursuant to Section 21313 and notwithstanding the limitation in subdivision (b) of Section 21329, any monthly allowance computed under or limited by any section other than Section 21362, as amended by Chapter 96 of the Statutes of 1971, and paid with respect to a local safety member whose retirement for service or nonindustrial death before retirement occurred prior to the date the contracting agency elected to be subject to Section 21362 as so amended, shall be increased by 15 percent. The percentage shall be applied to the allowance payable on the date this section becomes applicable to the contracting agency and the allowance as so increased shall be paid for time on and after that date and until the first day of April immediately following the date of application. The base allowance shall be increased by the same percentage for annual adjustments beginning with the adjustment effective for time commencing with that annual adjustment. (b) For the purposes of this section, all contributions, liabilities, actuarial interest rates, and other valuation factors shall be determined on the basis of actuarial assumptions and methods that, in the aggregate, are reasonable and that, in combination, offer the actuary’s best estimate of anticipated experience under the system. (c) 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 and (2) the additional contribution required to amortize the increase in accrued liability attributable to benefits elected under this section over a period of not more than 30 years from the date this section becomes effective in the contracting agency’s contract. (d) This section shall not apply to any contracting agency nor to the employees of any contracting agency unless that agency elected to be subject to the provisions of this section in its contract with the board on or before December 31, 2001. (Amended by Stats. 2001, Ch. 793, Sec. 22. Effective January 1, 2002.)
  170. 21318.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 3. Cost-of-Living Adjustments [21310 - 21337.1] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Eligible allowances are increased by 15%, and the section applies only if the contracting agency elected it in its board contract by December 31, 2001.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 3. Cost-of-Living Adjustments [21310 - 21337.1] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21318. (a) In addition to the increase of allowance authorized by and granted pursuant to Section 21313 and notwithstanding the limitation in subdivision (b) of Section 21329, any monthly allowance computed under or limited by any section other than Section 21362, as amended by Chapter 96 of the Statutes of 1971, and paid with respect to a local safety member whose retirement for service or nonindustrial death before retirement occurred, or who was granted an industrial or nonindustrial disability retirement, prior to the date the contracting agency elected to be subject to Section 21362 as so amended, shall be increased by 15 percent. The percentage shall be applied to the allowance payable on the date this section becomes applicable to the contracting agency and the allowance as so increased shall be paid for time on and after that date and until the first day of April immediately following the date of application. The base allowance shall be increased by the same percentage for annual adjustments beginning with the adjustment effective for time commencing with that annual adjustment. (b) For the purposes of this section, all contributions, liabilities, actuarial interest rates, and other valuation factors shall be determined on the basis of actuarial assumptions and methods that, in the aggregate, are reasonable and that, in combination, offer the actuary’s best estimate of anticipated experience under this system. (c) 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 and (2) the additional contribution required to amortize the increase in accrued liability attributable to benefits elected under this section over a period of not more than 30 years from the date this section becomes effective in the contracting agency’s contract. (d) This section shall not apply to any contracting agency nor to the employees of any contracting agency unless that agency elected to be subject to the provisions of this section in its contract with the board on or before December 31, 2001. (Amended by Stats. 2001, Ch. 793, Sec. 23. Effective January 1, 2002.)
  171. 21319.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 3. Cost-of-Living Adjustments [21310 - 21337.1] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Certain qualifying local miscellaneous members are entitled to a 15% increase in monthly allowance, subject to agency election and service-based 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 13. Retirement Benefits [21250 - 21483] ( Chapter 13 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Cost-of-Living Adjustments [21310 - 21337.1] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21319. (a) In addition to the increase of allowance authorized by and granted pursuant to Section 21313 and notwithstanding the limitation in subdivision (b) of Section 21329, any monthly allowance computed under or limited by a retirement formula applicable to local miscellaneous members who retired prior to July 1, 1971, or to local miscellaneous members who so retired and then were reinstated from retirement and retired again after July 1, 1971, and whose allowance is based upon such a formula and paid with respect to a local miscellaneous member whose retirement or whose initial retirement or death before retirement occurred prior to July 1, 1971, shall be increased by 15 percent. The percentage shall be applied to the allowance payable on the date this section becomes applicable to the contracting agency and the allowance as so increased shall be paid for time on and after that date and until the first day of April immediately following the date of the application. The base allowance shall be increased by the same percentage for annual adjustments beginning with the adjustment effective for time commencing with that annual adjustment. (b) This section shall apply only to the portion of the allowance that is based on service in employment with the employer electing to be subject to this section. (c) This section shall not apply to any contracting agency nor to the employees of any contracting agency unless that agency elected to be subject to the provisions of this section in its contract with the board on or before December 31, 2001. (Amended by Stats. 2001, Ch. 793, Sec. 24. Effective January 1, 2002.)
  172. 21320.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 3. Cost-of-Living Adjustments [21310 - 21337.1] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A qualifying state member’s monthly allowance is increased by 4 percent, subject to the stated timing and calculation 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 13. Retirement Benefits [21250 - 21483] ( Chapter 13 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Cost-of-Living Adjustments [21310 - 21337.1] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21320. (a) In addition to the increase in allowance authorized by and granted pursuant to Section 21313, and notwithstanding the limitation on such increases imposed by this article, the monthly allowance paid with respect to a state member, other than a school member, who retired or died prior to January 1, 1981, shall be increased by 4 percent. (b) The 4 percent shall be applied to the allowance payable on July 1, 1981, less the amount of the allowance paid pursuant to Section 21231, and the allowance as so increased shall be paid for time on and after that date and until April 1, 1982. The base allowance shall be the allowance as so increased, less payments pursuant to Section 21231, for annual adjustments effective for time commencing on April 1, 1982. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  173. 21322.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 3. Cost-of-Living Adjustments [21310 - 21337.1] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Section 21320 applies to any contracting agency that included its provisions in a contract with the board on or before December 31, 2001.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 3. Cost-of-Living Adjustments [21310 - 21337.1] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21322. Section 21320 shall apply to any contracting agency that has included the provisions of that section in its contract with the board on or before December 31, 2001. (Amended by Stats. 2001, Ch. 793, Sec. 25. Effective January 1, 2002.)
  174. 21325.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 3. Cost-of-Living Adjustments [21310 - 21337.1] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    For certain local members who retired or died before January 1, 1974, the monthly allowance is increased by set percentages based on when retirement or death occurred.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 3. Cost-of-Living Adjustments [21310 - 21337.1] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21325. (a) In addition to the increase in allowance authorized by and granted pursuant to the provisions of Section 21313, and notwithstanding the limitation on those increases imposed by this article, the monthly allowance paid with respect to a local member, other than a school member, who retired or died prior to January 1, 1974, shall be increased by the percentage set forth opposite the period in the following table during which retirement became effective or death occurred: Period during which retirement or death occurred: Percentage: On or before December 31, 1965 ........................ 15% 12 months ending December 31, 1966 ........................ 14% 12 months ending December 31, 1967 ........................ 13% 12 months ending December 31, 1968 ........................ 12% 12 months ending December 31, 1969 ........................ 9% 12 months ending December 31, 1970 ........................ 6% 12 months ending December 31, 1971 ........................ 5% 12 months ending December 31, 1972 ........................ 4% 12 months ending December 31, 1973 ........................ 3% (b) The percentage shall be applied to the allowance payable on the date this section becomes applicable to the contracting agency, and the allowance as so increased shall be paid for time on and after that date and until the first day of April immediately following the date of application. The base allowance shall be the allowance as increased under this section. The base year for annual adjustments of allowances increased by this section shall be the calendar year preceding the year of increase if the increase date is after April 1st of any calendar year, and the second calendar year preceding the year of increase if the increase date is on or before April 1st of any calendar year. (c) This section shall not apply to any contracting agency unless that agency elected to be subject to the provisions of this section in its contract with the board on or before December 31, 2001. (Amended by Stats. 2001, Ch. 793, Sec. 26. Effective January 1, 2002.)
  175. 21326.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 3. Cost-of-Living Adjustments [21310 - 21337.1] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Certain local members who retired or died before July 1, 1974 get a monthly allowance increase tied to the retirement/death period, if the section applies to the contracting 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 13. Retirement Benefits [21250 - 21483] ( Chapter 13 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Cost-of-Living Adjustments [21310 - 21337.1] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21326. (a) In addition to the increase in allowance authorized by and granted pursuant to the provisions of Section 21313, and notwithstanding the limitation on those increases imposed by this article, the monthly allowance paid with respect to a local member, other than a school member, who retired or died prior to July 1, 1974, shall be increased by the percentage set forth opposite the period in the following table during which retirement became effective or death occurred: Period during which retirement or death occurred: Percentage: On or before December 31, 1965 ........................ 7% 12 months ending December 31, 1966 ........................ 6% 12 months ending December 31, 1967 ........................ 5% 12 months ending December 31, 1968 ........................ 4% 12 months ending December 31, 1969 ........................ 3% 18 months ending June 30, 1971 ........................ 2% 36 months ending June 30, 1974 ........................ 1% (b) The percentage shall be applied to the allowance payable on the date this section becomes applicable to the contracting agency, and the allowance as so increased shall be paid for time on and after that date and until the first day of April immediately following the date of application. The base allowance shall be the allowance as increased under this section. The base year for annual adjustments of allowances increased by this section shall be the calendar year preceding the year of increase if the increase date is after April 1st of any calendar year, and the second calendar year preceding the year of increase if the increase date is on or before April 1st of any calendar year. (c) This section shall not apply to any contracting agency unless the agency elected to be subject to the provisions of this section in its contract with the board on or before December 31, 2001. (Amended by Stats. 2001, Ch. 793, Sec. 27. Effective January 1, 2002.)
  176. 21327.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 3. Cost-of-Living Adjustments [21310 - 21337.1] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Certain eligible retirement allowances are increased by fixed percentages, subject to timing rules and a contracting-agency election requirement.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 3. Cost-of-Living Adjustments [21310 - 21337.1] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21327. In addition to the increase in allowance authorized and granted pursuant to provisions of Section 21313, and notwithstanding the limitation on those increases imposed by this article, effective January 1, 1980, or the date this section becomes applicable to the contracting agency, the monthly allowance paid with respect to a state or local member, other than a school member, who retired or died prior to January 1, 1975, shall be increased by the percentage set forth opposite the year of retirement or death in the following schedule: Period during which retirement or death occurred Percentage 12 months ending December 31, 1967 ........................ 1.51 12 months ending December 31, 1968 ........................ 1.26 12 months ending December 31, 1969 ........................ 1.86 12 months ending December 31, 1970 ........................ 2.55 6 months ending June 30, 1971 ........................ 1.91 6 months ending December 31, 1971 ........................ 7.05 12 months ending December 31, 1972 ........................ 6.76 12 months ending December 31, 1973 ........................ 4.45 6 months ending June 30, 1974 ........................ 0.47 6 months ending December 31, 1974 ........................ 1.31 The percentage shall be applied to the allowance payable on January 1, 1980, or the date this section becomes applicable to the contracting agency, and the allowance as so increased shall be paid for time on and after the date and until the first day of April immediately following the date of application. The base allowance shall be the allowance as increased under this section. The base year for annual adjustments of allowances increased by this section shall be the calendar year preceding the year of increase if the increase date is after April 1st of any calendar year, and the second calendar year preceding the year of increase if the increase date is on or before April 1st of any calendar year. This section shall not apply to any contracting agency unless the agency elected to be subject to the provisions of this section in its contract with the board on or before December 31, 2001. (Amended by Stats. 2002, Ch. 664, Sec. 105. Effective January 1, 2003.)
  177. 21328.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 3. Cost-of-Living Adjustments [21310 - 21337.1] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Some retirement allowances are increased by a set percentage based on when the member retired or died, if the section applies.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 13. Retirement Benefits [21250 - 21483] ( Chapter 13 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Cost-of-Living Adjustments [21310 - 21337.1] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21328. (a) In addition to the increase in allowance authorized and granted pursuant to Section 21313, and notwithstanding the limitation on that increase imposed by this article and subdivision (b) of Section 21337 or subdivision (a) of Section 21337.1, effective January 1, 2000, or the date this section becomes applicable to the contracting agency, the monthly allowance paid with respect to a state, local, or school member who retired or died prior to January 1, 2000, or the date this section becomes applicable to the contracting agency, other than an allowance provided by Article 3 (commencing with Section 21570) of Chapter 14, shall be increased by the percentage set forth opposite the year of retirement or death in the following schedule: Period during which retirement or death occurred: Percentage: 24 months ending Dec. 31, 1999 0.0% 12 months ending Dec. 31, 1997 1.0% 24 months ending Dec. 31, 1996 2.0% 60 months ending Dec. 31, 1994 3.0% 60 months ending Dec. 31, 1989 4.0% 120 months ending Dec. 31, 1984 5.0% 12 months ending Dec. 31, 1974 or earlier 6.0% The percentage shall be applied to the allowance payable on January 1, 2000, or the date this section becomes applicable to the contracting agency, and the allowance as so increased shall be paid for time on and after that date and until the first day of April immediately following the date of application. The base allowance shall be the allowance as increased under this section. Notwithstanding Section 21337 or 21337.1 to the contrary, this increase shall not be included in determining the initial monthly allowance upon which a supplemental benefit is payable pursuant to Section 21337 or 21337.1. (b) This section shall not apply to any contracting agency unless and until the agency elects to be subject to its provisions by amendment to its contract, made in the manner prescribed for approval of contracts, or, in the case of contracts made after the effective date of this section, by an express provision in the contract making the contracting agency subject to the provisions of this section. (Amended by Stats. 2001, Ch. 793, Sec. 29. Effective January 1, 2002.)
  178. 21329.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 3. Cost-of-Living Adjustments [21310 - 21337.1] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Cost-of-living adjustments under this article are limited by minimum and maximum percentage rules and by an actuarial interest-rate condition.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 3. Cost-of-Living Adjustments [21310 - 21337.1] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21329. The adjustments provided by this article are subject to the following limitations: (a) No adjustment shall be made for any year for which the adjustment is less than 1 percent of the base allowance, and the adjustment for any year shall not exceed 6 percent of the base allowance. (b) No monthly allowance in any year may exceed an amount equal to the base allowance increased by 2 percent per year compounded for the number of years intervening between the end of the base year and the beginning of the calendar year in which the adjustment is made. (c) No monthly allowance in any year shall be less than the base allowance. (d) No adjustment shall be made in any year in which the actuarial interest rate is less than 4.5 percent. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  179. 21330.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 3. Cost-of-Living Adjustments [21310 - 21337.1] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The Second Tier monthly allowance must be adjusted every year starting with the second calendar year after retirement, using a 3% compounded increase, and paid on the first day of May.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 3. Cost-of-Living Adjustments [21310 - 21337.1] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21330. Notwithstanding anything to the contrary in this article, the monthly allowance for service credited under the Second Tier shall be adjusted annually beginning with the second calendar year following retirement for time commencing on April 1 and payable on the first day of May. The adjusted monthly allowance shall be equal to the base allowance increased by 3 percent per year compounded for the number of years intervening between the end of the base year and the beginning of the calendar year in which the adjustment is made. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  180. 21331.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 3. Cost-of-Living Adjustments [21310 - 21337.1] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    An adjustment to a monthly allowance must come from or be credited to employer contributions, and if the allowance is a retirement allowance, the adjustment is applied to current and prior service pensions as an increase or decrease.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 3. Cost-of-Living Adjustments [21310 - 21337.1] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21331. An adjustment in a monthly allowance under this article shall be derived from or credited to contributions of the employer, and if the monthly allowance is a retirement allowance the adjustment shall be applied as an increase or decrease, as the case may be, in the current and prior service pensions. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  181. 21335.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 3. Cost-of-Living Adjustments [21310 - 21337.1] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section limits cost-of-living adjustments for local members’ allowances and gives a contracting agency authority to set and later increase the applicable percentage by contract amendment.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 13. Retirement Benefits [21250 - 21483] ( Chapter 13 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Cost-of-Living Adjustments [21310 - 21337.1] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21335. Notwithstanding Section 21329, the adjustments in allowances for local members provided by this article for the time commencing on and after the annual adjustment date following the date specified by the contracting agency in its contract shall be subject to the following limitations: (a) No adjustment shall be made for any year for which the adjustment is less than 1 percent of the base allowance. (b) No monthly allowance in any year may exceed an amount equal to the base allowance increased by 3, 4, or 5 percent per year compounded for the number of years intervening between the end of the base year and the beginning of the calendar year in which the adjustment is made. A contracting agency shall designate the applicable percentage and may amend its contract to increase the percentage. (c) No monthly allowance in any year shall be less than the base allowance. (d) No adjustment shall be made in any year in which the actuarial interest rate is less than 5.25 percent. However, the adjusted allowances in years following the year in which the contract of an agency subject to this section is terminated may not exceed the adjusted allowance in the year of contract termination or the amount determined in accordance with subdivision (b) of Section 21329, whichever is the greater. For the purposes of this section, all contributions, liabilities, actuarial interest rates, and other valuation factors shall be determined on the basis of actuarial assumptions and methods that, in the aggregate, are reasonable and that, in combination, offer the actuary’s best estimate of anticipated experience under this system. The additional employer contributions required as a result of making this section applicable 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 and (2) the additional contribution required to amortize the increase in accrued liability attributable to benefits elected under this section over a period of not more than 30 years from the date this section becomes effective in the public agency’s contract. This section shall not apply to any contracting agency, unless and until the agency elects to be subject to this section by amendment to its contract made in the manner prescribed for approval of contracts or, in the case of contracts made after January 1, 1975, by express provision in the contract making the contracting agency subject to this section. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  182. 21337.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 3. Cost-of-Living Adjustments [21310 - 21337.1] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The board must transfer funds annually to supplemental accounts for retiree purchasing-power protection, using the lesser of two specified amounts, and must implement the subdivision 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 13. Retirement Benefits [21250 - 21483] ( Chapter 13 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Cost-of-Living Adjustments [21310 - 21337.1] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21337. (a) On an annual basis, the board shall transfer funds to separate supplemental state and school accounts, to fund the purchasing power protection allowance of retirees, survivors, and beneficiaries of state or school employers, respectively. The amounts transferred shall be the lesser of the following: (1) The amount necessary to increase all monthly allowances paid by this system to retirees, survivors, and beneficiaries of state or school employers to 75 percent of the purchasing power of the initial monthly allowances. (2) One and one-tenth percent of state or school member contributions, as determined by Section 20178. (b) The funds transferred to the two separate supplemental accounts shall be utilized to increase all monthly allowances paid by this system to retirees, survivors, and beneficiaries of state and school employers, up to a maximum of 75 percent of the purchasing power, as determined by the board, of the initial monthly allowances, notwithstanding the benefit provided by Section 21328, that were received by every retired state or school member or survivor or beneficiary of a state or school member or retiree who was eligible to receive any allowance at the end of each fiscal year. Funds remaining in the state or school account after the payment of benefits under this section shall be transferred to the respective state or school employer accounts. (c) Annual adjustments in the purchasing power protection allowance shall be effective with the monthly allowance regularly payable on the first day of May, provided that in the first year after enactment of the act adding this subdivision, the purchasing power protection allowance adjustment to the monthly allowance payable on the first day of May shall also reflect an adjustment for the period from January 1 through April 30. The board shall implement the provisions of this subdivision on or before January 1, 2012, unless the board determines that the implementation tasks cannot be completed until a later date, in which case, the board shall be prepared to implement the provisions of this section no later than July 1, 2013. (Amended by Stats. 2017, Ch. 241, Sec. 9. (SB 525) Effective January 1, 2018.)
  183. 21337.1.

    ## 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 13. Retirement Benefits [21250 - 21483] ( Chapter 13 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 3. Cost-of-Living Adjustments [21310 - 21337.1] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The system must annually increase certain monthly allowances to 80% of the initial allowance’s purchasing power, and it must also make a one-time lump-sum payment to eligible recipients on or after January 1, 2001.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 3. Cost-of-Living Adjustments [21310 - 21337.1] ( Article 3 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21337.1. (a) All monthly allowances paid by the system to retirees of contracting public agencies, and to survivors and beneficiaries of members and retirees of those agencies, shall annually be increased to 80 percent of the purchasing power of the initial monthly allowance as determined by the board. Adjustments in the purchasing power protection allowance shall be effective with the monthly allowance regularly payable on the first day of May, provided that, in the first year after enactment of the act amending this subdivision, the purchasing power protection allowance adjustment to the monthly allowance payable on the first day of May shall also reflect an adjustment for the period from January 1 through April 30. (b) Notwithstanding subdivision (a), retirees of contracting public agencies, and survivors and beneficiaries of members and retirees of those agencies, who receive a monthly allowance payable by this system shall also receive, on or after January 1, 2001, a one-time lump-sum payment in an amount equal to the difference, if any, between the purchasing power protection allowance paid between January 1, 2000, and December 31, 2000, and the purchasing power protection allowance that would have been payable if this section had been operative during that period. (c) The cost of the increase in allowances paid pursuant to subdivisions (a) and (b) shall be paid from the same assets of the employer used in the determination of each employer contribution rate for each membership classification under which service was credited that affects the allowance calculation of the retirees, survivors, or beneficiaries. (Amended by Stats. 2010, Ch. 639, Sec. 6. (SB 1139) Effective January 1, 2011.)
  184. 21350.

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

    Verify source ↗

    A member retiring for service is entitled to receive a service retirement allowance.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 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. ) ## 21350. Upon retirement for service, a member is entitled to receive a service retirement allowance which shall consist of: (a) The member’s service retirement annuity, including, with respect to patrol members and solely in respect to the portion of the annuity derived from the normal accumulated contributions of those members, respectively, automatic continuance to surviving spouse, or if there is no spouse at retirement, to surviving children, or if there are no eligible surviving children at retirement, to surviving dependent parents as provided in this article. (b) The member’s current service pension. (c) The member’s prior service pension. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  185. 21351.

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

    Verify source ↗

    A member’s annuity on retirement must equal the actuarial equivalent of the member’s accumulated 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 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. ) ## 21351. The actual amount of annuity receivable by a member upon retirement shall be the actuarial equivalent of his or her accumulated contributions. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  186. 21352.

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

    Verify source ↗

    The service retirement annuity equals the sum of annuities that are actuarial equivalents of a member’s normal and additional accumulated contributions at retirement.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 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. ) ## 21352. The service retirement annuity is the sum of the annuities which are the actuarial equivalents of the normal and additional accumulated contributions of a member at the time of his or her retirement. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  187. 21353.

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

    Verify source ↗

    This section sets a pension formula for certain public retirement members, allows a one-third reduction for some federally covered service on the first $400 per month of final compensation, and gives the Legislature and the Director of Human Resources limited discretion 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 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.)
  188. 21354.

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

    Verify source ↗

    For local miscellaneous members, the pension formula is based on a table by retirement age, with a one-third reduction for the part of final compensation up to $400 per month in some federal-system 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 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. ) ## 21354. The combined current and prior service pensions for a local miscellaneous member is a pension derived from the contribution 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 local miscellaneous member with which the member is entitled to be credited at retirement: Age of Retirement Fraction 50 ........................ 0.713 50¼ ........................ 0.725 50½ ........................ 0.737 50¾ ........................ 0.749 51 ........................ 0.761 51¼ ........................ 0.775 51½ ........................ 0.788 51¾ ........................ 0.801 52 ........................ 0.814 52¼ ........................ 0.828 52½ ........................ 0.843 52¾ ........................ 0.857 53 ........................ 0.871 53¼ ........................ 0.886 53½ ........................ 0.902 53¾ ........................ 0.917 54 ........................ 0.933 54¼ ........................ 0.950 54½ ........................ 0.966 54¾ ........................ 0.983 55 ........................ 1.000 55¼ ........................ 1.007 55½ ........................ 1.013 55¾ ........................ 1.020 56 ........................ 1.026 56¼ ........................ 1.033 56½ ........................ 1.039 56¾ ........................ 1.046 57 ........................ 1.052 57¼ ........................ 1.059 57½ ........................ 1.065 57¾ ........................ 1.072 58 ........................ 1.078 58¼ ........................ 1.085 58½ ........................ 1.091 58¾ ........................ 1.098 59 ........................ 1.105 59¼ ........................ 1.111 59½ ........................ 1.118 59¾ ........................ 1.124 60 ........................ 1.131 60¼ ........................ 1.137 60½ ........................ 1.144 60¾ ........................ 1.150 61 ........................ 1.157 61¼ ........................ 1.163 61½ ........................ 1.170 61¾ ........................ 1.176 62 ........................ 1.183 62¼ ........................ 1.189 62½ ........................ 1.196 62¾ ........................ 1.202 63 ........................ 1.209 The fraction specified in the above table shall be reduced by one-third as applied to that part of final compensation that does not exceed four hundred dollars ($400) per month for all services 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 who 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. This section shall supersede Section 21353 with respect to all local miscellaneous members who retire after the date this section becomes applicable to their respective employers. This section shall not apply to a contracting agency nor its employees until the contracting agency elects to make all local miscellaneous members subject to it by amendment to its contract made in the manner prescribed for approval of contracts or in the case of a new contract, by express provision of the contract. The operative date of this section with respect to a local miscellaneous member shall be the effective date of the amendment to his or her employer’s contract electing to be subject to this section. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  189. 21354.1.

    ## 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 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. )

    Verify source ↗

    This section sets a pension formula for certain school, state miscellaneous, state industrial, and university members, and gives the Director of Human Resources discretion to approve status in writing for some related 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 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. ) ## 21354.1. (a) The combined current and prior service pensions for school members, state miscellaneous or state industrial members, or university members who are subject to the provisions of this section is a pension derived from the contributions of the employer sufficient, when added to the service retirement annuity that is derived from the accumulated normal contributions of the member at the date of retirement, to equal the fraction of one-fiftieth of the member’s final compensation set forth opposite the member’s age at retirement, taken to the preceding completed quarter year, in the following table, multiplied by the number of years of current and prior service, except service in a category of membership other than that of a school member, state miscellaneous or state industrial member, or university member or service covered under this retirement formula with which the member is entitled to be credited at retirement: Age at retirement Fraction 50 ........................ 0.550 50¼ ........................ 0.573 50½ ........................ 0.595 50¾ ........................ 0.618 51 ........................ 0.640 51¼ ........................ 0.663 51½ ........................ 0.685 51¾ ........................ 0.708 52 ........................ 0.730 52¼ ........................ 0.753 52½ ........................ 0.775 52¾ ........................ 0.798 53 ........................ 0.820 53¼ ........................ 0.843 53½ ........................ 0.865 53¾ ........................ 0.888 54 ........................ 0.910 54¼ ........................ 0.933 54½ ........................ 0.955 54¾ ........................ 0.978 55 ........................ 1.000 55¼ ........................ 1.008 55½ ........................ 1.016 55¾ ........................ 1.024 56 ........................ 1.032 56¼ ........................ 1.040 56½ ........................ 1.048 56¾ ........................ 1.055 57 ........................ 1.063 57¼ ........................ 1.071 57½ ........................ 1.079 57¾ ........................ 1.086 58 ........................ 1.094 58¼ ........................ 1.102 58½ ........................ 1.110 58¾ ........................ 1.118 59 ........................ 1.125 59¼ ........................ 1.134 59½ ........................ 1.141 59¾ ........................ 1.149 60 ........................ 1.157 60¼ ........................ 1.165 60½ ........................ 1.173 60¾ ........................ 1.180 61 ........................ 1.188 61¼ ........................ 1.196 61½ ........................ 1.203 61¾ ........................ 1.211 62 ........................ 1.219 62¼ ........................ 1.227 62½ ........................ 1.235 62¾ ........................ 1.243 63 and over ........................ 1.250 (b) The fraction specified in the above table shall be reduced by one-third as applied to that part of final compensation that does not exceed four hundred dollars ($400) per month for all service of a member any of whose service has been included in the federal system. This subdivision shall not apply to school members whose service is included in the federal system with respect to service performed on or after January 1, 2001. (c) This section shall supersede Section 21353 for all school members, all university members, and all state miscellaneous members, with respect to service rendered for the California State University or the legislative or judicial branch of government, who retire on or after January 1, 2000. (d) This section shall also supersede Section 21353 for state miscellaneous or state industrial members, for service not subject to subdivision (c), who are employed by the state on or after January 1, 2000, and who do not elect under Section 21070.5 to be subject to Second Tier benefits. (e) Operation and application of this section are subject to the limitations set forth in Section 21251.13. (f) Notwithstanding any other provision of this section, this section shall not 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. (g) Notwithstanding any other provision of this section, this section shall not 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. (h) (1) Notwithstanding Section 3517.8 or any provision of an expired memorandum of understanding, or any other provision of this section, this section shall not 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. (Amended by Stats. 2012, Ch. 665, Sec. 134. (SB 1308) Effective January 1, 2013. Pursuant to subd. (e), section is conditionally operative as prescribed in Section 21251.13.)
  190. 21354.3.

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

    Verify source ↗

    This section sets the pension formula for local miscellaneous members and says the section only applies when a contracting agency elects coverage by contract amendment or new contract.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 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. ) ## 21354.3. (a) The combined current and prior service pensions for a local miscellaneous 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 local miscellaneous member with which the member is entitled to be credited at retirement: Age at Retirement Fraction 50 ........................ 1.0000 50¼ ........................ 1.0125 50½ ........................ 1.0250 50¾ ........................ 1.0375 51 ........................ 1.0500 51¼ ........................ 1.0625 51½ ........................ 1.0750 51¾ ........................ 1.0875 52 ........................ 1.1000 52¼ ........................ 1.1125 52½ ........................ 1.1250 52¾ ........................ 1.1375 53 ........................ 1.1500 53¼ ........................ 1.1625 53½ ........................ 1.1750 53¾ ........................ 1.1875 54 ........................ 1.2000 54¼ ........................ 1.2125 54½ ........................ 1.2250 54¾ ........................ 1.2375 55 ........................ 1.2500 55¼ ........................ 1.2625 55½ ........................ 1.2750 55¾ ........................ 1.2875 56 ........................ 1.3000 56¼ ........................ 1.3125 56½ ........................ 1.3250 56¾ ........................ 1.3375 57 ........................ 1.3500 57¼ ........................ 1.3625 57½ ........................ 1.3750 57¾ ........................ 1.3875 58 ........................ 1.4000 58¼ ........................ 1.4125 58½ ........................ 1.4250 58¾ ........................ 1.4375 59 ........................ 1.4500 59¼ ........................ 1.4625 59½ ........................ 1.4750 59¾ ........................ 1.4875 60 and over ........................ 1.5000 (b) The fraction specified in the above table shall be reduced by one-third as applied to that part of final compensation that does not exceed four hundred dollars ($400) per month for all services 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 who elects not to be subject to this subdivision 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) This section shall supersede Sections 21353, 21354, 21354.1, 21354.4, and 21354.5 with respect to a local miscellaneous member who is employed by a contracting agency on or after the date this section becomes applicable to the contracting agency. (d) This section shall not apply to a contracting agency nor its employees until the contracting agency elects to make all local miscellaneous members subject to it by amendment to its contract made in the manner prescribed for approval of contracts or in the case of a new contract, by express provision of the contract. The operative date of this section with respect to a local miscellaneous member shall be the effective date of the amendment to his or her employer’s contract electing to be subject to this section. (e) (1) Notwithstanding subdivision (d) and for purposes of this subdivision, “Riverside County contracting agency” means any of the following: (A) County of Riverside. (B) County of Riverside Regional Park and Open-Space District. (C) County of Riverside Waste Resources Management District. (D) County of Riverside Flood Control and Water Conservation District. (2) This section shall apply to a former employee of a Riverside County contracting agency if that former employee is currently employed by another Riverside County contracting agency. This section shall not apply to a Riverside County contracting agency nor the current or former employees of that Riverside County contracting agency until the Riverside County contracting agency elects to make all local miscellaneous members subject to this section by amendment to the contract of that Riverside County contracting agency, made in the manner prescribed for approval of contracts, or in the case of a new contract, by express provision of the contract. The provisions of this section shall apply with respect to a local miscellaneous member on the effective date of the amendment to the Riverside County contracting agency’s contract electing to be subject to this section. (Amended by Stats. 2006, Ch. 846, Sec. 1. Effective September 30, 2006.)
  191. 21354.4.

    ## 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 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. )

    Verify source ↗

    This section sets how a local miscellaneous member’s combined retirement pensions are calculated, including age-based fractions, a reduction for some service covered by the federal system, and an exception where the reduction does not apply.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 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. ) ## 21354.4. (a) The combined current and prior service pensions for a local miscellaneous 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 local miscellaneous member with which the member is entitled to be credited at retirement: Age at Retirement Fraction 50 ........................ 1.0000 50¼ ........................ 1.0125 50½ ........................ 1.0250 50¾ ........................ 1.0375 51 ........................ 1.0500 51¼ ........................ 1.0625 51½ ........................ 1.0750 51¾ ........................ 1.0875 52 ........................ 1.1000 52¼ ........................ 1.1125 52½ ........................ 1.1250 52¾ ........................ 1.1375 53 ........................ 1.1500 53¼ ........................ 1.1625 53½ ........................ 1.1750 53¾ ........................ 1.1875 54 ........................ 1.2000 54¼ ........................ 1.2125 54½ ........................ 1.2250 54¾ ........................ 1.2375 55 and over ........................ 1.2500 (b) The fraction specified in the above table shall be reduced by one-third as applied to that part of final compensation that does not exceed four hundred dollars ($400) per month for all service of a member 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 who elects not to be subject to this subdivision 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) This section shall supersede Sections 21353, 21354, and 21354.1, with respect to a local miscellaneous member who is employed by a contracting agency on or after the date this section becomes applicable to the contracting agency. (d) This section shall not apply to a contracting agency nor its employees until the contracting agency elects to make all local miscellaneous members subject to it by amendment to its contract made in the manner prescribed for approval of contracts or in the case of a new contract, by express provision of the contract. The operative date of this section with respect to a local miscellaneous member shall be the effective date of the amendment to his or her employer’s contract electing to be subject to this section. (Amended by Stats. 2006, Ch. 118, Sec. 16. Effective January 1, 2007.)
  192. 21354.5.

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

    Verify source ↗

    This section sets the retirement benefit formula for a local miscellaneous member and describes when a reduced fraction applies or does not apply.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 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. ) ## 21354.5. (a) The combined current and prior service pensions for a local miscellaneous 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 a local miscellaneous member, with which the member is entitled to be credited at retirement: Age at Retirement Fraction 50 ........................ 1.0000 50¼ ........................ 1.0175 50½ ........................ 1.0350 50¾ ........................ 1.0525 51 ........................ 1.0700 51¼ ........................ 1.0875 51½ ........................ 1.1050 51¾ ........................ 1.1225 52 ........................ 1.1400 52¼ ........................ 1.1575 52½ ........................ 1.1750 52¾ ........................ 1.1925 53 ........................ 1.2100 53¼ ........................ 1.2275 53½ ........................ 1.2450 53¾ ........................ 1.2625 54 ........................ 1.2800 54¼ ........................ 1.2975 54½ ........................ 1.3150 54¾ ........................ 1.3325 55 and over ........................ 1.3500 (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 subdivision 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) This section shall supersede Sections 21353, 21354, 21354.1, and 21354.4 with respect to a local miscellaneous member who is employed by a contracting agency on or after the date this section becomes applicable to the contracting agency. (d) This section shall not apply to a contracting agency nor its employees until the contracting agency elects to make all local miscellaneous members subject to it by amendment to its contract made in the manner prescribed for approval of contracts or in the case of a new contract, by express provision of the contract. The operative date of this section with respect to a local miscellaneous member shall be the effective date of the amendment to his or her employer’s contract electing to be subject to this section. (Amended by Stats. 2006, Ch. 118, Sec. 17. Effective January 1, 2007.)
  193. 21355.

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

    Verify source ↗

    For certain members, any reduction in the fraction of final compensation applies only to service after the member’s federal-system coverage became effective.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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. ) ## 21355. Notwithstanding Sections 21353, 21354, and 21354.1, if the modification to the federal-state agreement occurred on or after July 1, 1971, whenever the fraction of final compensation is reduced pursuant to Section 21353, 21354, or 21354.1 because service of a member has been included in the federal system, the reduction shall apply only as to service after the effective date of the member’s coverage under the federal system. This section shall apply to those members whose effective date of retirement is on or after July 1, 1971. (Amended by Stats. 2001, Ch. 21, Sec. 14. Effective June 25, 2001. Applicable from January 1, 2000, by Sec. 37 of Ch. 21.)
  194. 21356.

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

    Verify source ↗

    A member taking partial service retirement gets a reduced service retirement allowance, and service credit continues to accrue for the covered reduced-worktime 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 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. ) ## 21356. (a) A member who elects, pursuant to Article 1.7 (commencing with Section 19996.30) of Chapter 7 of Part 2.6 or pursuant to Sections 21110 through 21115, to participate in partial service retirement, while so participating, shall receive a reduced service retirement allowance. The reduced service retirement allowance shall be the amount of the service retirement allowance to which the employee would otherwise have been entitled had he or she fully retired on the effective date of the partial service retirement, reduced by the percentage of the employee’s full-time work which the employee has elected to work while on partial service retirement. (b) Article 6 (commencing with Section 21450) and Article 7 (commencing with Section 21470) shall not apply to an employee who is participating in reduced worktime for partial service retirement. (c) For a member who elects pursuant to Article 1.7 (commencing with Section 19996.30) of Chapter 7 of Part 2.6 or pursuant to Sections 21110 through 21115 to become fully retired, the current service pension, or current and prior service pensions, as the case may be, upon his or her full service retirement shall be (1) the sum of a current service pension calculated on the basis of service rendered during participation in reduced worktime in accordance with the formula applicable to his or her current service pension, plus his or her current service pension, or current and prior service pensions, as the case may be, as it was prior to his or her full service retirement, provided that full service retirement occurs before he or she renders, while participating in reduced worktime for partial service retirement, one year of state service credited under this system; or (2) if he or she has rendered one year or more of state service while participating in reduced worktime for partial service retirement, a current service pension, or current and prior service pensions, as the case may be, based on the total years of service with which the member is entitled to be credited, calculated on the basis of the formula currently applicable to the employment in which the service was rendered. A member shall receive service credit for service during participation in reduced worktime for partial retirement and service credited at the time of the election to participate in reduced worktime for partial retirement. (Amended by Stats. 2016, Ch. 199, Sec. 1. (AB 2404) Effective January 1, 2017.)
  195. 21357.

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

    Verify source ↗

    This section sets how a reinstated member’s pension is recalculated after later retirement, including special rules for prior benefits, federal coverage, and minimum service or age 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 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. ) ## 21357. (a) For a member reinstated from service retirement or partial service retirement, the current service pension, or current and prior service pensions, as the case may be, upon his or her service retirement subsequent to the reinstatement, shall be the sum of (1) a current service pension calculated on the basis of service rendered after reinstatement in accordance with the formula applicable to him or her in that service and membership, plus, (2) if the subsequent retirement occurs before he or she renders, after his or her reinstatement, at least one year of state service credited under this system, or if the subsequent service or disability retirement occurs after his or her reinstatement from service or disability retirement pursuant to an election under Section 21465 or 21483, his or her current service pension, or current and prior service pensions, as the case may be, as it was prior to his or her reinstatement, adjusted for any service on which the pension was based that was included in coverage of the federal system during reinstatement according to the formula applicable to the service in employment for which he or she was retired, and further adjusted according to any change after reinstatement in the provisions governing the calculation of his or her pension that would have applied to him or her had he or she continued in retirement but been subject to the formula applied in the first adjustment; or, for state miscellaneous and state industrial service subject to Section 21076, in lieu of (2), plus (3) a current service pension, or current and prior service pensions, as the case may be, as it would have been prior to his or her reinstatement under the formula applicable to Section 21076, adjusted for any service on which the pension was based that was included in coverage of the federal system during reinstatement according to the formula applicable to the service in employment for which he or she was retired, and further adjusted according to any change after reinstatement in the provisions governing the calculations of his or her pension that would have applied to him or her had he or she continued in retirement and been subject to the formula applicable to Section 21076, or if he or she has rendered one year or more of state service after reinstatement, in lieu of (2) or (3), plus (4), a current service pension based on current service rendered prior to reinstatement, calculated on the basis of the formula currently applicable to the employment in which the service was rendered but on the basis of an age taken to the preceding completed quarter year but not less than the minimum retirement age applicable to him or her at his or her last retirement and determined by deducting from his or her age at his or her subsequent retirement, the aggregate time during which he or she was under retirement. For a member reinstated from nonindustrial disability retirement, the current service pension upon his or her service retirement after attaining an age one year less than the minimum age at which he or she could have retired without an actuarial discount because of age in the employment from which he or she was last retired, or upon his or her disability retirement after attaining the minimum age, and subsequent to reinstatement, shall be calculated in the manners described in the preceding sentence, but the age determined upon subsequent retirement after rendering at least one year of state service credited under this system shall not be taken at less than one year less than the minimum age if the subsequent retirement is for service, or the minimum age if the retirement is for disability. (b) The current service pension otherwise payable under this section to a member whose allowance prior to reinstatement was paid pursuant to his or her election under Section 21461, 21461.5, 21479, or 21480 shall be reduced by the actuarial equivalent, on the date of retirement subsequent to reinstatement, of the amount (converted as below), if any, by which: (1) The total amount paid in the period during which a temporary annuity was included in the payments, reduced by the total amount that would have been payable during that period had the election not been made, exceeds (2) The excess of the total amount that would have been payable, had the election not been made, during the time subsequent to that period and prior to reinstatement, over the total amount actually paid during that time. The amount determined by the above formula shall be converted to an amount equaling the actuarial equivalent on the date of reinstatement and this latter amount shall be the basis of the actuarial equivalent on the date of retirement subsequent to reinstatement. Actuarial equivalents required by this section shall be based on the interest rate and mortality tables in use by this system on the date of retirement subsequent to reinstatement. (c) Notwithstanding this section, or any other provision of this part, the current service pension payable to any member subject to this section who rendered one year or more of state service credited under this system after reinstatement on retirement for service subsequent to reinstatement from service retirement for any credited service for which a current service pension was paid prior to reinstatement shall not be less than the current service pension that would be payable on the date of the subsequent retirement had the member not been reinstated. For state miscellaneous and state industrial service subject to Section 21076, the current service pension payable for any credited service for which a current service pension was paid prior to reinstatement shall not be less than the current service pension that would have been payable on the date of the subsequent retirement had the member’s retirement been subject to the formula under Section 21076 and had not been reinstated, adjusted, however, by any reduction under this section because of an election under Section 21461, 21461.5, 21479, or 21480 and, for any service so credited that was included in coverage of the federal system during reinstatement, according to the formula applicable to the service in employment from which he or she was retired. (Amended by Stats. 2016, Ch. 199, Sec. 2. (AB 2404) Effective January 1, 2017.)
  196. 21358.

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

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    For certain state members, the retirement allowance may not include service credited under Section 20963 when the retirement follows reinstatement within one year after an earlier retirement of six months or less.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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. ) ## 21358. Notwithstanding Section 21357, the retirement allowance of a state member, other than a university member, payable upon retirement within one year of reinstatement from an earlier retirement of six months or less and based on service prior to reinstatement shall not include any allowance based on service credited under Section 20963. This section shall not apply to school members. (Amended by Stats. 1996, Ch. 906, Sec. 162. Effective January 1, 1997.)
  197. 21359.

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

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    For certain reemployed university employees who lacked the right to elect membership in this system when rehired, post-reemployment service under the University of California Retirement Plan counts as service under this system when calculating later 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 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. ) ## 21359. Notwithstanding Section 21357, in determining the method of calculation of subsequent retirement benefits for a university employee who, on the date of reemployment and reinstatement from retirement, did not have the right to elect membership in this system, the service rendered under the University of California Retirement Plan after reemployment and reinstatement shall be considered service rendered under this system. (Amended by Stats. 2005, Ch. 328, Sec. 14. Effective January 1, 2006.)
  198. 21362.

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

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    This section sets pension formulas and maximum benefit caps for patrol members, local safety members, and certain 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 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. ) ## 21362. (a) The current service pension for patrol members and the combined current and prior service pensions for local safety members with respect to local safety service rendered to a contracting agency that is subject to this section is a pension derived from the contributions of the employer sufficient when added to the service retirement annuity that is derived from the accumulated normal contributions of the patrol member or local safety member at the date of his or her retirement to equal the fraction of one-fiftieth of his or her final compensation set forth opposite his or her age at retirement taken to the preceding completed quarter year, in the following table, multiplied by the number of years of patrol service and local safety service subject to this section with which he or she is credited at retirement: Age at retirement Fraction 50 ........................ 1.0000 50¼ ........................ 1.0175 50½ ........................ 1.0350 50¾ ........................ 1.0525 51 ........................ 1.0700 51¼ ........................ 1.0875 51½ ........................ 1.1050 51¾ ........................ 1.1225 52 ........................ 1.1400 52¼ ........................ 1.1575 52½ ........................ 1.1750 52¾ ........................ 1.1925 53 ........................ 1.2100 53¼ ........................ 1.2275 53½ ........................ 1.2450 53¾ ........................ 1.2625 54 ........................ 1.2800 54¼ ........................ 1.2975 54½ ........................ 1.3150 54¾ ........................ 1.3325 55 and over ........................ 1.3500 (b) (1) Except as otherwise provided in this subdivision, the current service pension and the combined current and prior service pensions under this section for all service to all employers shall not exceed an amount that, when added to the service retirement annuity related to that service, equals 75 percent of final compensation. (2) For state members, with respect to service for all state employers under this section, the benefit shall not exceed: (A) Eighty percent of final compensation for state members who retire on or after January 1, 1995, and prior to January 1, 1999. (B) Eighty-five percent of final compensation for state members who retire on or after January 1, 1999, and prior to January 1, 2000. (C) Ninety percent of final compensation for state members who retire on or after January 1, 2000. (3) For local safety members who retire on or after January 1, 2000, the benefit shall not exceed 85 percent of final compensation. (4) If the pension relates to service to more than one employer and would otherwise exceed that maximum, the pension payable with respect to each employer shall be reduced in the same proportion as the allowance based on service to that employer bears to the total allowance computed as though there were no limit, so that the total of the pensions shall equal the maximum. Where a state or local member retiring on or after January 1, 1995, has service under this section with both state and local agency employers, the higher maximum shall apply and the additional benefit shall be funded by increasing the member’s pension payable with respect to the employer for whom the member performed the service subject to the higher maximum. (c) This section shall not apply to any contracting agency, unless and until the agency elects to be subject to the provisions of this section by amendment to its contract made in the manner prescribed for approval of contracts or, in the case of contracts made after the date this section is operative, by express provision in the contract making the contracting agency subject to the provisions of this section. (d) This section shall supersede Section 21363, 21366, 21368, 21369, or 21370, whichever is then applicable, with respect to patrol and local safety members who retire after the date this section becomes applicable to their respective employers. (e) This section shall not apply to state safety or state peace officer/firefighter members. (f) With respect to patrol members, this section shall only apply to patrol members who are not employed by the state on or after January 1, 2000. (g) The Legislature reserves, with respect to any member subject to this section, the right to provide for the adjustment of industrial disability retirement allowances because of earnings of a retired person and modification of the conditions and qualifications required for retirement for disability as it may find appropriate because of the earlier ages of service retirement made possible by the benefits under this section. (Amended by Stats. 2001, Ch. 21, Sec. 16. Effective June 25, 2001. Applicable from January 1, 2000, by Sec. 37 of Ch. 21.)
  199. 21362.2.

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

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    This section sets pension rules for certain state patrol and local safety members, including a 3% benefit calculation and caps on the total pension.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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. ) ## 21362.2. (a) Upon attaining the age of 50 years or more, the combined current and prior service pension for state patrol members and for local safety members with respect to local safety service rendered to a contracting agency that is subject to the provisions of this section is a pension derived from the contributions of the employer sufficient when added to the service retirement annuity that is derived from the accumulated normal contributions of the member at the date of his or her retirement to equal 3 percent of his or her final compensation at retirement, multiplied by the number of years of patrol service or local safety service subject to this section with which he or she is credited at retirement. (b) In no event shall the current service pension and the combined current and prior service pensions under this section for all service to all employers exceed an amount that, when added to the service retirement annuity related to that service, equals 85 percent of final compensation. For state patrol members with respect to service for all state employers under this section, the benefit shall not exceed 90 percent of final compensation. If the pension relates to service to more than one employer and would otherwise exceed that maximum, the pension payable with respect to each employer shall be reduced in the same proportion as the allowance based on service to that employer bears to the total allowance computed as though there were no limit, so that the total of the pensions shall equal the maximum. Where a state or local member has service under this section with both state and local agency employers, the higher maximum shall apply and the additional benefit shall be funded by increasing the member’s pension payable with respect to the employer for whom the member performed the service subject to the higher maximum. (c) For patrol members employed by the state on or after January 1, 2000, this section shall supersede Section 21362. (d) This section shall not apply to state safety or state peace officer/firefighter members. (e) This section shall not apply to any contracting agency nor its employees unless and until the agency elects to be subject to the provisions of this section by amendment to its contract made in the manner prescribed for approval of contracts or, in the case of contracts made after the date this section becomes operative, by express provision in the contract making the contracting agency subject to this section. The operative date of this section for a local safety member shall be the effective date of the amendment to his or her employer’s contract electing to be subject to this section. (f) This section shall supersede Section 21362, 21363, 21363.1, 21366, 21368, 21369, or 21370, whichever is then applicable, with respect to local safety members who retire after the date this section becomes applicable to their respective employers. (g) The Legislature reserves, with respect to any member subject to this section, the right to provide for the adjustment of industrial disability retirement allowances because of earnings of a retired person and modification of the conditions and qualifications required for retirement for disability as it may find appropriate because of the earlier ages of service retirement made possible by the benefits under this section. (h) Operation and application of this section is subject to the limitations set forth in Section 21251.13. (i) Notwithstanding any other provision of this section, this section shall not apply to a state patrol member who is employed by the state for the first time and becomes a state patrol member of the system on or after October 31, 2010, and is represented by State Bargaining Unit 5. With respect to related state patrol 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. (Amended by Stats. 2012, Ch. 665, Sec. 135. (SB 1308) Effective January 1, 2013. Pursuant to subd. (h), section is conditionally operative as prescribed in Section 21251.13.)
  200. 21362.3.

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

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    For the California Highway Patrol Commissioner, the benefit under Section 21362.2 may not exceed 100% of final compensation.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 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. ) ## 21362.3. (a) Notwithstanding subdivision (b) of Section 21362.2, for the California Highway Patrol Commissioner, with respect to service to all state employers under Section 21362.2, the benefit may not exceed 100 percent of final compensation. (b) This section shall become inoperative on January 1, 2008, unless a later enacted statute deletes or extends that date. (Amended by Stats. 2003, Ch. 62, Sec. 137. Effective January 1, 2004. Inoperative January 1, 2008, by its own provisions.)

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