Government Code — Part 29 | GOV — United States — California law | Esheria

Government Code

Part 29 of 107 · provisions 5,601–5,800

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

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Provisions of Government Code

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  1. 21363.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2.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 caps for certain state peace officer/firefighter and local safety members, and makes local contracting-agency coverage depend on a memorandum of understanding and contract 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 PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2.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 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. ) ## 21363. (a) The combined current and prior service pensions for state peace officer/firefighter members subject to this section with respect to state peace officer/firefighter service 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 state peace officer/firefighter 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 state peace officer/firefighter service or local safety service subject to this section with which he or she is credited at retirement: Age at Retirement Fraction 50 ........................ 1.0000 50 1/4 ........................ 1.0125 50 1/2 ........................ 1.0250 50 3/4 ........................ 1.0375 51 ........................ 1.0500 51 1/4 ........................ 1.0625 51 1/2 ........................ 1.0750 51 3/4 ........................ 1.0875 52 ........................ 1.1000 52 1/4 ........................ 1.1125 52 1/2 ........................ 1.1250 52 3/4 ........................ 1.1375 53 ........................ 1.1500 53 1/4 ........................ 1.1625 53 1/2 ........................ 1.1750 53 3/4 ........................ 1.1875 54 ........................ 1.2000 54 1/4 ........................ 1.2125 54 1/2 ........................ 1.2250 54 3/4 ........................ 1.2375 55 and over ........................ 1.2500 (b) (1) 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 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. (B) Eighty-five percent of final compensation for state peace officer/firefighter members in State Bargaining Units 6 and 8 who retire on or after January 1, 1999, and prior to January 1, 2000. (C) Ninety percent of final compensation for state peace officer/firefighter 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. If the pension relates to service to more than one employer, or this section and Section 21369, and would otherwise exceed that maximum, the pension payable with respect to each section or employer shall be reduced in the same proportion as the allowance 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, if any, 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) 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 age of service retirement made possible by the benefits under this section. (d) This section may be applied to related supervisory classes or confidential positions for the respective bargaining units specified in this section. (e) (1) This section shall be operative with respect to state peace officer/firefighter members in Corrections Bargaining Unit No. 6, Protective Services and Public Safety Bargaining Unit No. 7, or Firefighters Bargaining Unit No. 8, in accordance with a memorandum of understanding reached between the state and the exclusive bargaining agent in the respective unit pursuant to Chapter 10.3 (commencing with Section 3512) of Division 4 of Title 1. (2) This section also shall be operative with respect to the state peace officer/firefighter members employed by a California State University police department who are in Public Safety Unit No. 8 in accordance with a memorandum of understanding reached between the Trustees of the California State University and the recognized employee organization pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1. (3) This section shall also be operative with respect to a “state peace officer/firefighter member” defined in subdivision (a) of Section 20396 if authorized by, and in accordance with, a memorandum of understanding reached between the Trustees of the California State University and the recognized employee organization pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1. (4) Nothing in this section or in any other provision of law affected by Chapter 1320 of the Statutes of 1984 or Chapter 234 of the Statutes of 1986 shall be construed as authorizing any future negotiation with respect to whether or not any bargaining unit specified in this section whose memorandum of understanding was previously approved by the Legislature pursuant to law and this section, shall continue to remain within the state peace officer/firefighter membership category. (5) The operative date of this section with respect to members in each of the bargaining units specified in this section shall be as provided for in the memorandum of understanding. (6) With the exception of state peace officer/firefighter members for service rendered for the California State University or the legislative or judicial branch of government, this section shall apply to state peace officer/firefighter members who are not employed by the state on or after January 1, 2000. (f) This section shall be known as, and may be cited as, the State Peace Officers’ and Fire Fighters’ Retirement Act. (g) The Legislature reserves the right to subsequently modify or amend this part in order to completely effectuate the intent and purposes of this section and the right to not provide any new comparable advantages if disadvantages to employees result from any modification or amendment. (h) This section 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 section with respect to 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. However, this section shall not apply to any local safety member in the employ of an employer not subject to this section on January 1, 2000. (i) Notwithstanding Section 3517.8 or any provision of an expired memorandum of understanding, this section shall apply to a state peace officer/firefighter member who is employed by the state for the first time and becomes a state peace officer/firefighter member of the system on or after January 15, 2011, and is represented by State Bargaining Unit 6 or 7. With respect to related state peace officer/firefighter 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. (j) (1) This section shall also apply to a state peace officer/firefighter member who is employed by the California State University or judicial branch of government or the Legislature for the first time and becomes a state peace officer/firefighter member 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. (k) Subdivisions (i) and (j) do not apply to: (1) Former state, legislative, judicial branch, or California State University employees employed before January 15, 2011, who return to state or university employment on or after January 15, 2011, and who were not previously subject to this section. (2) State employees hired prior to January 15, 2011, who were subject to Section 20281.5 during the first 24 months of state employment and who were not previously subject to this section. (3) State employees hired prior to January 15, 2011, who become subject to representation by State Bargaining Unit 6 or 7 on or after January 15, 2011, and who were not previously subject to this section. (4) State, legislative, judicial branch, or California State University employees on an approved leave of absence 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. 136. (SB 1308) Effective January 1, 2013.)
  2. 21363.1.

    ## 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. )

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    This section sets pension formulas and caps for certain state peace officer/firefighter and local safety retirement benefits, and gives the Legislature and the Director of Human Resources limited discretion in some related matters.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 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. ) ## 21363.1. (a) The combined current and prior service pensions for state peace officer/firefighter members subject to this section with respect to state peace officer/firefighter service, and 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 state peace officer/firefighter member or local safety member at the date of his or her retirement to equal the fraction of 3 percent 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 state peace officer/firefighter service or local safety service subject to this section with which he or she is credited at retirement: Age at Retirement Fraction 50 ........................ .800 50¼ ........................ .810 50½ ........................ .820 50¾ ........................ .830 51 ........................ .840 51¼ ........................ .850 51½ ........................ .860 51¾ ........................ .870 52 ........................ .880 52¼ ........................ .890 52½ ........................ .900 52¾ ........................ .910 53 ........................ .920 53¼ ........................ .930 53½ ........................ .940 53¾ ........................ .950 54 ........................ .960 54¼ ........................ .970 54½ ........................ .980 54¾ ........................ .990 55 and over ........................ 1.000 (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 peace officer/firefighter 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) This section shall supersede Section 21363 for state peace officer/firefighter members with respect to service rendered for the California State University or the legislative or judicial branch of government. (d) This section shall also supersede Section 21363 for state peace officer/firefighter members, for service not subject to subdivision (c), who are employed by the state on or after January 1, 2000. (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 21363, 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 age of service retirement made possible by the benefits under this section. (h) The Legislature reserves the right to subsequently modify or amend this part in order to completely effectuate the intent and purposes of this section and the right to not provide any new comparable advantages if disadvantages to employees result from any modification or amendment. (i) Operation and application of this section are subject to the limitations set forth in Section 21251.13. (j) This section shall 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. (k) This section shall apply to a state peace officer/firefighter member who is employed by the state for the first time and becomes a state peace officer/firefighter member of the system on or after October 31, 2010, and is represented by State Bargaining Unit 8. With respect to related state peace officer/firefighter 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. (l) Subdivisions (j) and (k) do not apply to: (1) Former state employees previously employed before October 31, 2010, who return to state employment on or after October 31, 2010. (2) State employees hired prior to October 31, 2010, who were subject to Section 20281.5 during the first 24 months of state employment. (3) State employees hired prior to October 31, 2010, who become subject to representation by State Bargaining Unit 5 or 8 on or after October 31, 2010. (4) State employees on an approved leave of absence employed before October 31, 2010, who return to active employment on or after October 31, 2010. (m) (1) Notwithstanding any other provision of this section, this section shall not apply to a peace officer/firefighter member who is employed for the first time by the California State University or the legislative or judicial branch and becomes a state peace officer/firefighter 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. (n) 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 those peace officer/firefighter members in State Bargaining Units 6 and 7 first employed by the state on or after January 15, 2011. (Amended by Stats. 2012, Ch. 665, Sec. 137. (SB 1308) Effective January 1, 2013. Pursuant to subd. (i), section is conditionally operative as prescribed in Section 21251.13.)
  3. 21363.2.

    ## 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 applies only to patrol members in State Bargaining Unit 5, and certain previously classified members are entitled to have past service credited without cost.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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. ) ## 21363.2. (a) This section shall apply only to patrol members in State Bargaining Unit 5. (b) Patrol members who were previously classified as peace officer/firefighter members shall have their past service under Section 21363 credited, at no cost to the member, under Section 21363.1. (Added by Stats. 1999, Ch. 778, Sec. 3. Effective October 10, 1999.)
  4. 21363.3.

    ## 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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    This section sets how certain state peace officer/firefighter pensions are calculated and limits the total pension 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 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. ) ## 21363.3. (a) The combined current and prior service pensions for state peace officer/firefighter members described in Section 20394 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 the age of 50 years, multiplied by the number of years of state peace officer/firefighter 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 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 peace officer/firefighter member has service under this section, or other safety retirement formulas pursuant to this part with state or 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 state employer. (c) This section shall apply to state peace officer/firefighter members described in Section 20394 if authorized by, and in accordance with, a memorandum of understanding reached between the Trustees of the California State University and the recognized employee organization pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1. This section may also apply to sworn peace officer/firefighter members described in Section 20394 in related management positions, if the Trustees of the California State University have approved the application in writing to the Board of Administration of the Public Employees’ Retirement System. (d) This section shall supersede Section 21363.1 with respect to peace officer/firefighter service for members employed by the California State University police department on or after the date a memorandum of understanding, or action by the Trustees of the California State University regarding related management positions, makes this section applicable to these members. (e) This section may not prevent a subsequent memorandum of understanding, or subsequent action by the Trustees of the California State University regarding related management positions, from making this section inapplicable to peace officer/firefighter members first employed by the California State University police department on or after a date specified in a subsequent memorandum of understanding, or subsequent action by the Trustees of the California State University regarding related management positions. (f) (1) Notwithstanding any other provision of this section, this section shall not apply to a state peace officer/firefighter member described in Section 20394 who is employed for the first time and becomes a state peace officer/firefighter 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. 2010, 6th Ex. Sess., Ch. 3, Sec. 7. (SB 22 6x) Effective January 7, 2011.)
  5. 21363.4.

    ## 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. )

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    This section sets pension rules for certain state peace officer/firefighter members, including a benefit formula, a 90% cap, and exceptions for some later-hires.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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. ) ## 21363.4. (a) Upon attaining the age of 50 years or more, the combined current and prior service pension for a state peace officer/firefighter member described in subdivision (c) who retires or dies on or after January 1, 2006, 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 state peace officer/firefighter service, as defined in subdivision (d), subject to this section with which he or she is credited at retirement. (b) For state peace officer/firefighter members, with respect to service for all state employers under this section, the current service pension and the combined current and prior service pension under this section shall not exceed an amount that, when added to the service retirement annuity related to that service, equals 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. (c) For purposes of this section, “state peace officer/firefighter member” means state peace officer/firefighter members under this part who, on or after January 1, 2006, are employed by the state and are members of State Bargaining Unit 6 or State Bargaining Unit 8, and may include state peace officer/firefighter members in related managerial, supervisory, or confidential positions and officers or employees of the executive branch of state government who are not members of the civil service, provided the Department of Human Resources has approved their inclusion in writing to the board. (d) For purposes of this section, “state peace officer/firefighter service” means service performed by a state peace officer/firefighter member while a member of State Bargaining Unit 6 or State Bargaining Unit 8, and may include state peace officer/firefighter service in related managerial, supervisory, or confidential positions or as officers or employees of the executive branch of state government who are not members of the civil service, provided the Department of Human Resources has approved their inclusion in writing to the board. (e) This section shall supersede Section 21363 or 21363.1, whichever is applicable, with respect to state peace officer/firefighter members and service as defined herein. (f) 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. (g) Notwithstanding any other provision of this section, this section shall not apply to a state peace officer/firefighter member who is employed by the state for the first time and becomes a state peace officer/firefighter member of the system on or after October 31, 2010, and is represented by State Bargaining Unit 8. With respect to related state peace officer/firefighter 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) 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 peace officer/firefighter member who is employed by the state for the first time and becomes a state peace officer/firefighter member of the system on or after January 15, 2011, and is represented by State Bargaining Unit 6. With respect to related state peace officer/firefighter 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. 138. (SB 1308) Effective January 1, 2013.)
  6. 21363.8.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 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 peace officer/firefighter members, including a 3%-of-final-compensation formula, a 90% cap, and some approval-based inclusion 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 4. Retirement for Service [21350 - 21390] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21363.8. (a) Upon attaining the age of 50 years or more, the combined current and prior service pension for a state peace officer/firefighter member described in subdivision (c) who retires or dies on or after January 1, 2004, 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 state peace officer/firefighter service, as defined in subdivision (d), subject to this section with which he or she is credited at retirement. (b) For state peace officer/firefighter members, with respect to service for all state employers under this section, the current service pension and the combined current and prior service pension under this section may not exceed an amount that, when added to the service retirement annuity related to that service, equals 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. (c) (1) This section shall apply to state peace officer/firefighter members under this part who, on or after January 1, 2004, are employed by the state and are members of State Bargaining Unit 7. (2) This section may also apply to state peace officer/firefighter members in managerial, supervisory, or confidential positions that are related to the members described in paragraph (1) and to officers or employees of the executive branch of state government who are not members of the civil service and who are in positions that are related to the members described in paragraph (1), if the Department of Human Resources has approved their inclusion in writing to the board. (d) (1) For purposes of this section, “state peace officer/firefighter service” means service performed by a state peace officer/firefighter member while a member of State Bargaining Unit 7. (2) That service may include state peace officer/firefighter service in managerial, supervisory, or confidential positions that are related to the members described in paragraph (1) or as officers or employees of the executive branch of state government who are not members of the civil service and who are in positions that are related to the members described in paragraph (1), provided the Department of Human Resources has approved their inclusion in writing to the board. (e) This section shall supersede Section 21363 or 21363.1, whichever is applicable, with respect to state peace officer/firefighter members subject to this section and state peace officer/firefighter service as defined herein. (f) 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. (g) 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 peace officer/firefighter member who is employed by the state for the first time and becomes a state peace officer/firefighter member of the system on or after January 15, 2011, and is represented by State Bargaining Unit 7. With respect to related state peace officer/firefighter 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. 139. (SB 1308) Effective January 1, 2013.)
  7. 21364.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 contracting agency may choose to apply certain retirement service sections, but only for specified local safety members.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 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. ) ## 21364. A contracting agency may elect to be subject to Section 21362, 21362.2, or 21363.1 with respect to only those local safety members who are local police officers, those who are local firefighters, and those who are local safety members as defined in Section 20421 as local safety members. (Amended by Stats. 2001, Ch. 21, Sec. 23. Effective June 25, 2001. Applicable from January 1, 2000, by Sec. 37 of Ch. 21.)
  8. 21365.

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

    Kings County may choose to have Section 21362 apply to certain county peace officers, but the section does not apply until the county makes that election in the required contract form.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 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. ) ## 21365. If, pursuant to Chapter 10 (commencing with Section 3500) of Division 4 of Title 1, Kings County enters into a binding memorandum of understanding and agrees to the application of this section, the county may elect to be subject to Section 21362 with respect to only those local safety members who are county peace officers as defined by Section 20436. This section shall not apply to Kings County until the county 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 on or after January 1, 1988, by express provision in the contract making the contracting agency subject to this section. (Amended by Stats. 1996, Ch. 906, Sec. 167. Effective January 1, 1997.)
  9. 21366.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 certain patrol and local safety members’ retirement pensions are calculated, mainly for retirement at or after age 55, with special rules for earlier retirement and some exclusions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 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. ) ## 21366. The combined prior and current service pensions for patrol members and local safety members, other than local safety members to whom Section 21362, 21368, or 21369 applies, upon retirement at or after age 55 is a pension derived from contributions of the employer that, when added to that portion of the service retirement annuity that is derived from the accumulated normal contributions of the member, shall equal a percentage of his or her final compensation, multiplied by the number of years of patrol, fire, police, or county peace officer service, the percentage to be 21/2 or, if less, the percentage obtained by division of 50 percent by the difference between age 55 and the member’s age at his or her birthday nearest to the date of his or her first entry into any service to which this section, former Section 21252.10, as amended by Chapter 1657 of the Statutes of 1971, or former Section 21252.2, as amended by Chapter 752 of the Statutes of 1969, prior to their repeal by Chapter 1098 of the Statutes of 1972 applied, whether or not the service is credited at retirement, increased, as to service following an absence from employment to which any of those sections applies, by the number of completed years of the absence. Any member entering that service at or after age 55 shall be deemed, for purposes of this section, to have entered the service at age 54. Upon retirement for service prior to attaining age 55, the percentage of final compensation payable for each year of credited service that is subject to this section shall be the product of the percentage that would become payable at age 55 or, if greater, the age at which the member would complete 20 years of service under Section 21366 were he or she to continue in employment, multiplied by the factor set forth in the following table for his or her actual age at retirement: If retirement occurs at age: The percent for each year of credited service is: 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 The amendment to this section by Chapter 941 of the Statutes of 1968 shall apply only to those members retiring on and after December 1, 1968. Current and prior service pensions of those members retired prior to December 1, 1968 shall be continued in accordance with the provisions of this part as they existed on November 30, 1968. This section shall not apply to any local safety member in the employ of an employer not subject to this section on March 4, 1972. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  10. 21367.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 local safety members, the pension calculation amount is reduced by one-third for the portion of final compensation up to $400 per month.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 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. ) ## 21367. The fraction or percentage of final compensation, for purposes of calculating the combined prior and current service pensions under Section 21362 or 21366 for a local safety member retiring after the effective date of his or her coverage under the federal system, but prior to termination of the coverage for members in his or her employment, shall be reduced by one-third as applied to that part of the member’s final compensation that does not exceed four hundred dollars ($400) per month. 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 amendment to its contract made in the manner prescribed for approval of contracts, or, in the case of contracts made after October 1, 1965, by express provision in the contract making the contracting agency subject to this section. This section and Section 21362 or 21366, as the case may be, shall supersede Section 21368 with respect to all service to a contracting agency electing to be subject hereto. However, members in employment of the contracting agency on the effective date of the contract amendment subjecting the agency and its employees to this section and Section 21366 may elect, in accordance with board rules, to continue to be subject to Section 21368, and the contracting agency shall be subject to Section 21368 rather than this section with respect to members who so elect. The election shall cease to be effective if, prior to the member’s retirement, his or her employer elects to be subject to Section 21362 or 21369 or elects to terminate coverage of the federal system for persons in the member’s employment. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  11. 21368.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 qualifying local safety members of contracting agencies, and says the temporary annuity is paid monthly until age 65.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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. ) ## 21368. The combined current and prior service pensions for a local safety member who is an employee of a contracting agency that is subject to this section, is an annual pension that when added to the service retirement annuity that is derived from the accumulated normal contributions of the member shall equal the sum of the following: (a) A temporary annuity based on age at retirement and length of service computed according to the following formula: (1) 0.50 times the product of his or her age at retirement and his or her years of credited prior and current service not in excess of 20 years, plus (2) 0.40 times the product of his or her age at retirement and his or her years of credited prior and current service in excess of 20 years. (b) The percentage of final compensation set forth opposite his or her age at retirement in the following table multiplied by the number of years of credited current and prior service as a safety member in the employ of all contracting agencies subject to this section at the time of his or her retirement: If retirement occurs at age: The percent for each year of credited service is: 50 ........................ 0.619 50¼ ........................ 0.629 50½ ........................ 0.640 50¾ ........................ 0.650 51 ........................ 0.661 51¼ ........................ 0.673 51½ ........................ 0.684 51¾ ........................ 0.695 52 ........................ 0.708 52¼ ........................ 0.719 52½ ........................ 0.731 52¾ ........................ 0.744 53 ........................ 0.756 53¼ ........................ 0.769 53½ ........................ 0.783 53¾ ........................ 0.796 54 ........................ 0.810 54¼ ........................ 0.824 54½ ........................ 0.839 54¾ ........................ 0.853 55 ........................ 0.868 55¼ ........................ 0.884 55½ ........................ 0.900 55¾ ........................ 0.916 56 ........................ 0.931 56¼ ........................ 0.949 56½ ........................ 0.966 56¾ ........................ 0.983 57 ........................ 1.001 57¼ ........................ 1.020 57½ ........................ 1.039 57¾ ........................ 1.058 58 ........................ 1.076 58¼ ........................ 1.098 58½ ........................ 1.118 58¾ ........................ 1.138 59 ........................ 1.159 59¼ ........................ 1.183 59½ ........................ 1.205 59¾ ........................ 1.228 60 ........................ 1.250 60¼ ........................ 1.275 60½ ........................ 1.300 60¾ ........................ 1.325 61 ........................ 1.350 61¼ ........................ 1.375 61½ ........................ 1.400 61¾ ........................ 1.425 62 ........................ 1.450 62¼ ........................ 1.475 62½ ........................ 1.500 62¾ ........................ 1.525 63 ........................ 1.550 63¼ ........................ 1.575 63½ ........................ 1.600 63¾ ........................ 1.625 64 ........................ 1.650 64¼ ........................ 1.675 64½ ........................ 1.700 64¾ ........................ 1.725 65 ........................ 1.750 The temporary annuity under subdivision (a) of this section shall not be subject to the optional settlements under Article 6 (commencing with Section 21450) and shall be payable monthly until the retired member attains or would have attained age 65. Should his or her death occur prior to age 65, the commuted value of any remaining installments shall be paid to his or her designated beneficiary in the manner provided in former Section 21332.5, as added by Chapter 1264 of the Statutes of 1953, for payment of death benefits under optional settlement one. The agency’s liability for prior service shall be in the same proportion to the total reserves required as the years of credited prior service bear to the total years of credited service. The agency’s liability for current service shall consist of the remainder of the total reserves required after deducting the liability for prior service and the accumulated normal contributions of the member. This section shall apply only to a contracting agency that elected prior to October 1, 1965, by express provision of its contract or amendment thereto to be subject hereto. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  12. 21369.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 retirement benefit formulas and limits for state safety and local safety members, including age-based calculations, maximum percentages, and special applicability 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 4. Retirement for Service [21350 - 21390] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21369. (a) The combined prior and current service pension for a state safety member, and a local safety member with respect to service to a contracting agency subject to this section, upon retirement after attaining the age of 55 years, is a pension derived from contributions of an employer sufficient, when added to that portion of 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 one-fiftieth of his or her final compensation multiplied by the number of years of state safety, police, fire, or county peace officer service that is credited to him or her as a state safety member or a local safety member subject to this section at retirement. Notwithstanding the preceding sentence, this section shall apply to the current and prior service pension for any other state safety member based on service to which it would have applied had the member, on July 1, 1971, been in employment described in Section 20403 or 20404. (b) Upon retirement for service prior to attaining the age of 55 years, the percentage of final compensation payable for each year of credited service that is subject to this section shall be the product of 2 percent multiplied by the factor set forth in the following table for his or her actual age at retirement: If the retirement age occurs at: The percent for each year of credited service is: 50 ........................ 0.713 50 1/4 ........................ 0.725 50 1/2 ........................ 0.737 50 3/4 ........................ 0.749 51 ........................ 0.761 51 1/4 ........................ 0.775 51 1/2 ........................ 0.788 51 3/4 ........................ 0.801 52 ........................ 0.814 52 1/4 ........................ 0.828 52 1/2 ........................ 0.843 52 3/4 ........................ 0.857 53 ........................ 0.871 53 1/4 ........................ 0.886 53 1/2 ........................ 0.902 53 3/4 ........................ 0.917 54 ........................ 0.933 54 1/4 ........................ 0.950 54 1/2 ........................ 0.966 54 3/4 ........................ 0.983 (c) In no event shall the total pension for all service under this section exceed an amount that, when added to the service retirement annuity related to that service, equals 75 percent of final compensation. For state members who retire on or after January 1, 1995, and with respect to service for all state employers under this section, the benefit shall not exceed 80 percent of final compensation. For local members who retire on or after January 1, 2000, the benefit shall not exceed 85 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 those 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. (d) This section shall not apply to a person whose effective date of retirement is prior to July 1, 1971. (e) 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 age of service retirement made possible by the benefits under this section. (f) The percentage of final compensation provided in this section shall be reduced by one-third as applied to that part of the member’s final compensation that does not exceed four hundred dollars ($400) per month for service after the effective date of coverage of a member under the federal system. This subdivision shall not apply to a member who retires after the date upon which coverage under the federal system of persons in his or her employment terminates. It shall not apply to a local safety member employed by a contracting agency electing to be subject to this section after March 7, 1973, unless the agency elects to be subject to this paragraph by amendment to its contract or by appropriate provision of a contract entered into after this provision is effective and as to any member, the reduction in the percentage of final compensation shall apply to all local safety service to the agency, if any of the local safety service has been included in the federal system. (g) With the exception of state safety members for service rendered for the California State University, this section shall apply to state safety members who are not employed by the state on or after January 1, 2000. (h) This section shall not apply to a contracting agency nor its employees until the 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 section with respect to 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. (i) (1) Notwithstanding Section 3517.8 or any provision of an expired memorandum of understanding, this section shall also apply to a state safety member who is employed by the state or the California State University for the first time and becomes a state safety member of the system on or after January 15, 2011. With respect to related state safety 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) 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. (j) This section does not apply to: (1) Former state or California State University employees employed before January 15, 2011, who return to state or university employment on or after January 15, 2011, and who were not previously subject to this section. (2) State employees hired prior to January 15, 2011, who were subject to Section 20281.5 during the first 24 months of state employment, and who were not previously subject to this section. (3) State or California State University employees on an approved leave of absence before January 15, 2011, who return to active employment on or after January 15, 2011, and who were not previously subject to this section. (4) State employees who are subject to Section 21369.2 so long as their memorandum of understanding is in effect. Upon expiration of the memorandum of understanding, notwithstanding Section 3517.8, this section shall be controlling and may not be superseded by a subsequent memorandum of understanding. (Amended by Stats. 2012, Ch. 665, Sec. 140. (SB 1308) Effective January 1, 2013.)
  13. 21369.1.

    ## 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. )

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    This section sets the pension formula for state safety members, caps the benefit at 80% of final compensation for certain service, and gives the Legislature and the Director of Human Resources specific discretionary powers.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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. ) ## 21369.1. (a) The combined current and prior service pensions for state safety members subject to this section with respect to state safety service 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 state 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 state safety service subject to this section with which he or she is credited at retirement. Age at Retirement Fraction 50 ........................ 0.8500 50¼ ........................ 0.8625 50½ ........................ 0.8750 50¾ ........................ 0.8875 51 ........................ 0.9000 51¼ ........................ 0.9125 51½ ........................ 0.9250 51¾ ........................ 0.9375 52 ........................ 0.9500 52¼ ........................ 0.9625 52½ ........................ 0.9750 52¾ ........................ 0.9875 53 ........................ 1.0000 53¼ ........................ 1.0320 53½ ........................ 1.0630 53¾ ........................ 1.0940 54 ........................ 1.1250 54¼ ........................ 1.1570 54½ ........................ 1.1880 54¾ ........................ 1.2190 55 and over ........................ 1.2500 (b) For state safety members with respect to service for all state employers under this section, the benefit shall not exceed 80 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. (c) This section shall supersede Section 21369 for state safety members with respect to service rendered for the California State University. (d) This section shall also supersede Section 21369 for state safety members, for service not subject to subdivision (c), who are employed by the state on or after January 1, 2000. (e) 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 age of service retirement made possible by the benefits under this section. (f) The Legislature reserves the right to subsequently modify or amend this part in order to completely effectuate the intent and purposes of this section and the right to not provide any new comparable advantages if disadvantages to employees result from any modification or amendment. (g) Operation and application of this section are subject to the limitations set forth in Section 21251.13. (h) Notwithstanding any other provision of this section, this section shall not apply to a state safety member who is employed by the state for the first time and becomes a state safety 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 safety 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. (i) (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 safety member who is employed by the state or the California State University for the first time and becomes a state safety member of the system on or after January 15, 2011. With respect to related state safety 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) 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. 141. (SB 1308) Effective January 1, 2013. Pursuant to subd. (g), section is conditionally operative as prescribed in Section 21251.13.)
  14. 21369.2.

    ## 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. )

    Verify source ↗

    This section sets the pension formula and limits for state safety members, including a 55-and-over retirement rule, an age-based reduction table for earlier retirement, and an 80% of final compensation cap.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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. ) ## 21369.2. (a) The combined prior and current service pension for a state safety member, upon retirement after attaining the age of 55 years, is a pension derived from contributions of an employer sufficient, when added to that portion of 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 one-fiftieth of his or her final compensation multiplied by the number of years of state safety service, that is credited to him or her as a state safety member subject to this section at retirement. (b) Upon retirement for service prior to attaining the age of 55 years, the percentage of final compensation payable for each year of credited service that is subject to this section shall be the product of 2 percent multiplied by the factor set forth in the following table for his or her actual age at retirement: Age at 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 ........................ 1.0000 55¼ ........................ 1.0125 55½ ........................ 1.0250 55¾ ........................ 1.0375 56 ........................ 1.0500 56¼ ........................ 1.0625 56½ ........................ 1.0750 56¾ ........................ 1.0875 57 ........................ 1.1000 57¼ ........................ 1.1125 57½ ........................ 1.1250 57¾ ........................ 1.1375 58 ........................ 1.1500 58¼ ........................ 1.1625 58½ ........................ 1.1750 58¾ ........................ 1.1875 59 ........................ 1.2000 59¼ ........................ 1.2125 59½ ........................ 1.2250 59¾ ........................ 1.2375 60 and over ........................ 1.2500 (c) In no event shall the total pension for all service under this section exceed an amount that, when added to the service retirement annuity related to that service, equals 80 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 those pensions shall equal the maximum. Where a state 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. (d) 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 age of service retirement made possible by the benefits under this section. (e) This section shall apply to a state safety member who is employed by the state for the first time and becomes a state safety member of the system on or after the first day of the pay period following the effective date of this section, and is represented by State Bargaining Unit 12, 16, 18, or 19. With respect to related state safety 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. (f) This section does not apply to: (1) 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. (2) 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. (3) 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 this subdivision. (4) 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 this subdivision. (Amended (as amended by Stats. 2011, Ch. 296, Sec. 129) by Stats. 2012, Ch. 665, Sec. 143. (SB 1308) Effective January 1, 2013.)
  15. 21370.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 retirement pension formula for local safety members, with limits and exceptions based on age, retirement date, and employer participation.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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. ) ## 21370. (a) The combined prior and current service pension for local safety members with respect to service to a contracting agency subject to this section, upon retirement after attaining 56 years of age, is a pension derived from contributions of an employer sufficient, when added to that portion of 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 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 service credited to him or her as a local safety member subject to this section at retirement. (b) Upon retirement for service prior to attaining 56 years of age, the percentage of final compensation payable for each year of credited service that is subject to this section shall be the product of 2 percent multiplied by the factor set forth in the following table for the actual age at retirement: If retirement occurs at age: The percent for each year of credited service is: 50 ........................ .8565 50¼ ........................ .8650 50½ ........................ .8740 50¾ ........................ .8830 51 ........................ .8920 51¼ ........................ .9020 51½ ........................ .9120 51¾ ........................ .9222 52 ........................ .9330 52¼ ........................ .9410 52½ ........................ .9490 52¾ ........................ .9570 53 ........................ .9650 53¼ ........................ .9675 53½ ........................ .9700 53¾ ........................ .9725 54 ........................ .9750 54¼ ........................ .9810 54½ ........................ .9870 54¾ ........................ .9935 55 ........................ 1.0000 55¼ ........................ 1.0435 55½ ........................ 1.0870 55¾ ........................ 1.1310 56 ........................ 1.1750 (c) This section shall apply only to local police officers and county peace officers who are local safety members. (d) This section shall not apply to persons whose effective date of retirement is prior to January 1, 1985. (e) 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 age of service retirement made possible by the benefits under this section. (f) The percentage of final compensation provided in this section shall be reduced by one-third as applied to that part of the member’s final compensation that does not exceed four hundred dollars ($400) per month for service after the effective date of coverage of a member under the federal system. This paragraph shall not apply to a member who retires after the date upon which coverage under the federal system of persons in his or her employment terminates. (g) For members who retire prior to January 1, 2000, in no event shall the total pension for all service under this section exceed an amount that, when added to the service retirement annuity related to the service, equals 75 percent of final compensation. For members who retire on or after January 1, 2000, the allowance shall not exceed 85 percent of final compensation. If the pension relates to service for more than one employer and would otherwise exceed the maximum, the pension payable with respect to each employer shall be reduced in the same proportion as the allowance based on service to the employer bears to the total allowance computed as though there were no limit, so that the total of the pensions shall equal the maximum. (h) This section shall only apply as an optional contributory retirement formula for this system for local safety groups whose group participated in Federal Old Age and Survivors’ Insurance provisions of the Social Security Act on April 1983. (i) This section shall not apply to a contracting agency nor its employees until the agency and the representative employee organization agree by memorandum of understanding to be subject to it by amendment to its contract made in the manner prescribed for approval of contracts. It shall also be required that the representative employee organizations agree to be subject to this provision. (j) The operative date of this section with respect to a local safety member shall be the effective date of the amendment to the employer’s contract electing to be subject to this section. However, this section shall not apply to any local safety member in the employ of an employer not subject to this section on January 1, 2000. (Amended by Stats. 2000, Ch. 135, Sec. 74. Effective January 1, 2001.)
  16. 21371.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 fixes the pension or allowance for certain retired members who retired before April 1, 1973 and were forestry, warden, or law enforcement members on March 31, 1973, using the version that applied to them on that date, subject to later adjustment under Article 3.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 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. ) ## 21371. The combined current and prior service pensions, disability retirement allowance or continued allowance with respect to a retired member whose effective date of retirement was prior to April 1, 1973, and who was a forestry, warden, or law enforcement member on March 31, 1973, is his or her current service pension, prior service pension, or combined prior and current service pension, disability retirement allowance or continued allowance as it was under this part as it read and applied to him or her on March 31, 1973, subject to adjustment under Article 3 (commencing with Section 21310). (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  17. 21372.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 state safety members who were forestry members on March 31, 1973, pension treatment stays under the rules as they then applied, unless the member later takes a qualifying appointment in another state 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 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. ) ## 21372. The combined current and prior service pensions of a state safety member who on March 31, 1973, was a forestry member not subject to former Section 21252.3, as added by Chapter 131 of the Statutes of 1970, shall be determined in accordance with this part as it read and applied to him or her on March 31, 1973, and the member shall not become subject to Section 21369 or 21369.1 unless he or she thereafter accepts appointment to a position in another state department in which he or she is a state safety member, and in that event he or she shall be subject to Section 21369 or 21369.1, as applicable, with respect to all of his or her state safety service. (Amended by Stats. 1999, Ch. 555, Sec. 41. Effective January 1, 2000.)
  18. 21373.

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

    Some state safety members can have their pensions determined under the older rules instead of Section 21369, unless they file a written election to use Section 21369 within 30 calendar days after April 1, 1973.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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. ) ## 21373. The combined current and prior service pensions for a state safety member who on March 31, 1973, was a law enforcement member not subject to Section 21369, shall be determined in accordance with this part as it read and applied to him or her on March 31, 1973, rather than Section 21369 if under those provisions he or she is entitled to a retirement allowance exceeding 2 percent of final compensation per year of his or her law enforcement service, unless he or she elects in writing to be subject to Section 21369 and the election is filed in the office of the board within 30 calendar days following April 1, 1973. Any member who does not so elect and thereafter accepts appointment to a position in another state department in which he or she is a state safety member shall become subject, upon that acceptance, to Section 21369 or 21369.1, as applicable, with respect to all of his or her state safety service. (Amended by Stats. 1999, Ch. 555, Sec. 42. Effective January 1, 2000.)
  19. 21374.

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

    Certain state safety members’ pensions are calculated under the rules in effect on March 31, 1973, unless they file a written election to be subject to Section 21369 within 30 calendar days after April 1, 1973.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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. ) ## 21374. The combined current and prior service pensions for a state safety member who on March 31, 1973, was a warden member shall be determined in accordance with this part as it read and applied to him or her on March 31, 1973, if on March 31, 1973, he or she was either: (a) in compensated employment in which he or she was a warden member, or (b) on leave of absence from that employment and who either: (1) has attained the age of 55 years, or (2), if on that date he or she was subject to former Section 21252.2, as amended by Chapter 752 of the Statutes of 1969, he or she entered warden service after attaining the age of 35 years, unless he or she elects in writing to be subject to Section 21369 and the election is filed in the office of the board within 30 calendar days following April 1, 1973. Any member who thereafter accepts an appointment to a position in another state department in which he or she is a state safety member shall become subject to Section 21369 or 21369.1, as applicable, with respect to all of his or her state safety service. (Amended by Stats. 1999, Ch. 555, Sec. 43. Effective January 1, 2000.)
  20. 21375.

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

    If a contracting agency amends its contract, certain members and former members must make written elections within 90 days about which retirement section will apply to their 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. ) ## 21375. Notwithstanding any other provision of law, and with respect only to an election by a contracting agency to amend its contract to become subject to Section 21369, 21370, or 21363, instead of Section 21366, the following shall apply: (a) Members who are on the amending agency’s active payroll on the effective date of the contract amendment shall elect in writing, within 90 days after the notification by the board of the amendment, to be subject to Section 21363, 21366, or 21370, as applicable, or Section 21369 with respect to all safety service performed for the contracting agency. (b) Members on the effective date who are former employees of the amending agency and whose service for the amending agency was subject to Section 21366 or Section 21369, shall retain their rights under the formula in effect at the time their service was credited. (c) Former members who upon reentry into state service elect to redeposit contributions, shall be subject to Section 21363, 21369, or 21370, as applicable, with respect to all safety service performed for the amending agency prior to the effective date of the contract amendment. (d) Notwithstanding Section 21357, a former member who reinstates to the amending agency as a local safety member shall elect within 90 days of the reinstatement whether to be subject to Section 21363, 21369, or 21370, as applicable, or Section 21366 with respect to all service with that contracting agency prior to the effective date of the contract amendment. The election shall be effective only if the reinstated member remains in the employment for at least one year subsequent to reinstatement. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  21. 21376.

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

    When a contracting agency changes coverage to Section 21370, certain members must make a written election within 90 days after board notification to stay under Section 21366 or move to Section 21370.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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. ) ## 21376. Whenever a contracting agency amends its contract to become subject to Section 21370 instead of Section 21369, a member who previously elected, pursuant to Section 21375, to remain subject to Section 21366, or a member who entered employment under Section 21366 after attaining age 30 and continued to be subject to that section, shall elect in writing within 90 days of notification by the board whether to be subject to Section 21366 or Section 21370. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  22. 21380.

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

    If a state safety member retires for service before age 55, the pension is reduced. A similar reduction applies to certain warden and forestry members retiring under the age 60 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 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. ) ## 21380. If a state safety member retires for service before attaining age 55, or, in the case of the member who continues subject to the current and prior service pension provision for retirement of warden and forestry members at age 60, his or her prior and current service pensions shall be reduced to that amount that the value of the pensions as deferred to age 55, or age 60, respectively, will purchase at the actual age of retirement on the basis of the mortality tables and actuarial interest rate in effect on December 1, 1970, under this system with respect to those members. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  23. 21381.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 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 says the retirement allowance does not include the part bought with accumulated additional contributions, and in some cases a member’s pension must be raised to reach $1,200 per year or final compensation, whichever is 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. ) ## 21381. (a) The retirement allowance referred to in this section excludes that portion of a member’s service retirement annuity that was purchased by his or her accumulated additional contributions. (b) If a member entitled to credit for prior service retires after attaining the compulsory age for service retirement applicable to him or her, or if there is no compulsory age for service retirement applicable to the member and the member attains age 70, or if a member is entitled to be credited with 20 years of continuous state service and retires after attaining age 60, and his or her retirement allowance is less than one thousand two hundred dollars ($1,200) per year and less than his or her final compensation, his or her prior or current service pension, as the case may be, shall be increased so as to cause his or her total retirement allowance from this system, and from the retiring annuities system of the university, if any, to amount to one thousand two hundred dollars ($1,200) per year, or his or her final compensation, whichever is less. If a member to whom this section applies is employed by more than one employer, his or her aggregate retirement allowances shall be taken into account irrespective of the employer. (Amended by Stats. 1996, Ch. 906, Sec. 172. Effective January 1, 1997.)
  24. 21383.

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

    Prior service pensions for state members come from state 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. ) ## 21383. The prior service pensions for state members are derived from contributions of the state. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  25. 21384.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 prior service pension for local members is treated as a pension from the employing contracting agency’s contributions, as provided in the contract between the board and that 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 4. Retirement for Service [21350 - 21390] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21384. The prior service pension for local members is a pension derived from the contributions of the employing contracting agency if and as provided for in the contract between the board and the contracting agency. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  26. 21385.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 prior service pension is recalculated after 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 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. ) ## 21385. The prior service pension of a member reinstated from service retirement, upon his or her subsequent service retirement, shall be in the same amount as his or her prior service pension 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 from which he or she was retired, and further adjusted according to any change in the provisions governing the calculation of the pensions, using the formula applied in the first adjustment, made after the reinstatement and applicable to pensions being paid at the date of the change 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. Otherwise, the prior service pension calculated 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 such a member reinstated from nonindustrial disability retirement, the prior 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, 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. The prior 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, if any (converted as below), by which: (a) The total amount paid in the period during which a temporary annuity was included in the payments, the amount being reduced by the total amount that would have been payable during the period had the election not been made; exceeds (b) The excess of the total amount that would have been payable, had the election not been made, during the time subsequent to the 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. The 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. Notwithstanding this section, or any other provision of this part, the prior 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 prior service pension was paid prior to reinstatement shall not be less than the prior service pension that would be payable on the date of the subsequent retirement had the member 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. 3. (AB 2404) Effective January 1, 2017.)
  27. 21390.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 covered local safety members retiring on or after January 1, 2002, the benefit limit is 90% 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. ) ## 21390. Notwithstanding Sections 21362, 21362.2, 21363, 21363.1, 21369, 21370, and 21389, for local safety members who retire on or after January 1, 2002, and with respect to all local safety service rendered to a contracting agency that is subject to any of those sections, the benefit limit shall be 90 percent of final compensation. (Added by Stats. 2001, Ch. 796, Sec. 1. Effective January 1, 2002.)
  28. 21400.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 5. Disability Retirement Benefits [21400 - 21432] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A qualifying safety member retiring on or after January 1, 2013, for industrial disability is entitled to a disability retirement benefit based on the greater of several listed formulas.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 5. Disability Retirement Benefits [21400 - 21432] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21400. A safety member who retires on or after January 1, 2013, for industrial disability shall receive a disability retirement benefit equal to the greater of the following: (a) Fifty percent of the member’s final compensation, plus an annuity purchased with their accumulated additional contributions, if any. (b) A service retirement allowance, if the member is qualified for service retirement. (c) An actuarially reduced factor, as determined by the actuary, for each quarter year that the member’s service age is less than 50 years, multiplied by the number of years of safety service subject to the applicable formula, if the member is not qualified for service retirement. (d) Nothing in this section shall require a member to receive a lower benefit than the member would have received prior to January 1, 2013, as the law provided prior to that date. (Amended by Stats. 2022, Ch. 404, Sec. 1. (AB 1722) Effective January 1, 2023.)
  29. 21404.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 5. Disability Retirement Benefits [21400 - 21432] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A local miscellaneous member retiring for disability must receive a service retirement allowance if the member is not subject to Section 21427 and has reached the minimum service retirement age without an actuarial discount.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 5. Disability Retirement Benefits [21400 - 21432] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21404. Upon retirement for disability, a local miscellaneous member who is not subject to Section 21427 and who has attained the minimum age at which he or she may retire for service without an actuarial discount because of age, shall receive his or her service retirement allowance. (Amended by Stats. 2000, Ch. 1002, Sec. 6. Effective January 1, 2001.)
  30. 21405.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 5. Disability Retirement Benefits [21400 - 21432] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A local safety member who retires for nonindustrial disability and has reached the minimum service-retirement age 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 5. Disability Retirement Benefits [21400 - 21432] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21405. Upon retirement for nonindustrial disability, a local safety member who has attained the minimum age at which he or she may retire for service without an actuarial discount because of age, shall receive his or her service retirement allowance. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  31. 21406.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 5. Disability Retirement Benefits [21400 - 21432] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A patrol member retiring for industrial disability is entitled to a disability retirement allowance, with a possible service retirement allowance if that would be greater after subtracting the annuity.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 5. Disability Retirement Benefits [21400 - 21432] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21406. Upon retirement of a patrol member for industrial disability he or she shall receive a disability retirement allowance of 50 per cent of his or her final compensation plus an annuity purchased with his or her accumulated additional contributions, if any, or, if qualified for service retirement, he or she shall receive his or her service retirement allowance if the allowance, after deducting the annuity, is greater. (Repealed (by Ch. 850) and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  32. 21407.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 5. Disability Retirement Benefits [21400 - 21432] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Eligible retired members receive a disability allowance based on 50% of final compensation, plus any annuity from additional contributions, or the service retirement allowance if it is higher after the annuity is deducted.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 13. Retirement Benefits [21250 - 21483] ( Chapter 13 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Disability Retirement Benefits [21400 - 21432] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21407. Upon retirement of a state peace officer/firefighter member or a local safety member subject to Section 21363, 21363.1, 21363.3, or 21363.4 for industrial disability, the member shall receive a disability allowance of 50 percent of his or her final compensation plus an annuity purchased with his or her accumulated additional contributions, if any, or, if qualified for service retirement, the member shall receive his or her service retirement allowance if the allowance, after deducting the annuity, is greater. (Amended by Stats. 2003, Ch. 10, Sec. 27. Effective May 14, 2003.)
  33. 21408.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 5. Disability Retirement Benefits [21400 - 21432] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A qualifying state miscellaneous member who retires on industrial disability gets a disability allowance set at 50% of final compensation plus an annuity from additional contributions, or the service retirement allowance if that is higher.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 5. Disability Retirement Benefits [21400 - 21432] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21408. Upon the industrial disability retirement of a state miscellaneous member subject to Section 21151, the disability allowance shall be 50 percent of his or her final compensation plus an annuity purchased with his or her accumulated additional contributions, if any, or, if qualified for service retirement, he or she shall receive his or her service retirement allowance, if the allowance, after deducting the annuity, is greater. (Amended by Stats. 2004, Ch. 231, Sec. 4. Effective January 1, 2005.)
  34. 21409.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 5. Disability Retirement Benefits [21400 - 21432] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section sets the disability allowance for certain state retirement members at 50% of final compensation, plus any purchased annuity, with a possible switch to service retirement allowance if that is higher.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 5. Disability Retirement Benefits [21400 - 21432] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21409. Upon the industrial disability retirement of a state miscellaneous member within Section 21151, or a state industrial member whose service is subject to Section 21076 or 21076.5, the disability allowance shall be 50 percent of his or her final compensation plus an annuity purchased with his or her accumulated additional contribution, if any, or if qualified for service retirement, he or she shall receive his or her service retirement allowance, if the allowance, after deducting the annuity, is greater. (Amended by Stats. 2017, Ch. 241, Sec. 10. (SB 525) Effective January 1, 2018.)
  35. 21410.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 5. Disability Retirement Benefits [21400 - 21432] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Certain eligible state members may receive a disability retirement allowance calculated under this section.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 13. Retirement Benefits [21250 - 21483] ( Chapter 13 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Disability Retirement Benefits [21400 - 21432] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21410. Notwithstanding Sections 21406, 21407, 21408, 21409, and 21411, any state member who becomes subject to Section 21159 on or after January 1, 1993, and retires for industrial disability because of incapacity for the performance of duties in any employment with the state employer, as determined by the Department of Human Resources, shall receive a disability retirement allowance of 60 percent of the member’s final compensation plus an annuity purchased with the member’s accumulated additional contributions, if any, or, if qualified for service retirement, the member shall receive the service retirement allowance if the allowance, after deducting the annuity, is greater. Benefits payable under this section are payable solely to state members employed in state bargaining units subject to Section 21159. (Amended by Stats. 2012, Ch. 665, Sec. 144. (SB 1308) Effective January 1, 2013.)
  36. 21411.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 5. Disability Retirement Benefits [21400 - 21432] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A retiring state safety member disabled by industrial injury is entitled to a disability retirement allowance, generally equal to 50% of final compensation plus any annuity from accumulated additional contributions; if service retirement pays more after annuity deduction, that amount applies 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 5. Disability Retirement Benefits [21400 - 21432] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21411. Upon retirement of a state safety member for industrial disability he or she shall receive a disability retirement allowance of 50 percent of his or her final compensation plus an annuity purchased with his or her accumulated additional contributions, if any, or, if qualified for service retirement, he or she shall receive his or her service retirement allowance if the allowance, after deducting the annuity, is greater. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  37. 21412.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 5. Disability Retirement Benefits [21400 - 21432] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A state industrial member retiring for industrial disability must receive a disability retirement allowance equal to 50% of final compensation plus any annuity purchased with additional contributions, unless a higher service retirement allowance 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 5. Disability Retirement Benefits [21400 - 21432] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21412. Upon retirement of a state industrial member for industrial disability he or she shall receive a disability retirement allowance of 50 percent of his or her final compensation plus an annuity purchased with his or her accumulated additional contributions, if any, or, if qualified for service retirement, he or she shall receive his or her service retirement allowance if the allowance, after deducting the annuity, is greater. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  38. 21413.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 5. Disability Retirement Benefits [21400 - 21432] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A local safety member retired for industrial disability is entitled to a disability retirement allowance, generally equal to 50% of final compensation plus any annuity from additional 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 5. Disability Retirement Benefits [21400 - 21432] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21413. Upon retirement of a local safety member for industrial disability he or she shall receive a disability retirement allowance of 50 percent of his or her final compensation plus an annuity purchased with his or her accumulated additional contributions, if any, or, if qualified for service retirement, he or she shall receive his or her service retirement allowance if the allowance, after deducting the annuity, is greater. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  39. 21414.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 5. Disability Retirement Benefits [21400 - 21432] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A local miscellaneous member retiring for industrial disability is entitled to a disability allowance based on 50% of final compensation, plus an annuity from accumulated additional contributions, if any, or the service retirement allowance if that is higher after subtracting the annuity.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 5. Disability Retirement Benefits [21400 - 21432] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21414. Upon retirement of a local miscellaneous member for industrial disability, he or she shall receive a disability allowance of 50 percent of his or her final compensation plus an annuity purchased with his or her accumulated additional contributions, if any, or, if qualified for service retirement, he or she shall receive his or her service retirement allowance if the allowance, after deducting the annuity, is greater. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  40. 21415.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 5. Disability Retirement Benefits [21400 - 21432] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Some retired state safety or peace officer/firefighter members may switch to an industrial disability retirement allowance if they meet the listed 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 5. Disability Retirement Benefits [21400 - 21432] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21415. Notwithstanding any provision of this part to the contrary, a retired state safety or state peace officer/firefighter member who, before January 1, 1986, was eligible for an industrial disability allowance and was living on or after December 30, 1989, but elected, instead, for a nonindustrial disability allowance may elect for an industrial disability retirement allowance. A change in retirement status pursuant to this section does not, in itself, constitute a basis for a change in the optional settlement or the beneficiary designation. The industrial disability allowance shall be calculated as if former Section 21293.5, as repealed by Chapter 557 of the Statutes of 1985, was never enacted and in no event shall be in an amount less than his or her nonindustrial disability allowance. The allowance elected pursuant to this section shall be paid only on and after the effective date of the election and nothing in this section shall be construed as providing for any increase in benefits payable prior to the effective date of the election, or for any claim for the increase. The effective date of an election shall be no earlier than the first day of the month following the month in which the election is received by the board. Any state safety member who applies for an election pursuant to this section shall have the burden of proving that he or she was, by competent medical evidence, industrially disabled at retirement and the duties of his or her job at retirement. The board has no duty to identify, locate, or notify any annuitant who may be eligible for the benefits provided by this section. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  41. 21416.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 5. Disability Retirement Benefits [21400 - 21432] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Certain qualified state safety members can receive a disability allowance when they retire for industrial disability after meeting the service-credit 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 5. Disability Retirement Benefits [21400 - 21432] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21416. Notwithstanding any provision of this part, a state safety member employed by the Department of Corrections or the Department of the Youth Authority with 25 years or more of service credit as such, shall, upon retirement on or after January 1, 1982, for industrial disability, receive the disability allowance provided for in Section 21411 or a disability allowance equal to 1/50 th of final compensation multiplied by the number of years of state safety member service in the Department of Corrections or the Department of the Youth Authority with which the member is credited at retirement. This section shall not become operative for any eligible member, until it is first agreed to in a memorandum of understanding reached between the state and the exclusive representatives of the employees in State Bargaining Unit No. 6 pursuant to Chapter 10.3 (commencing with Section 3512) of Division 4 of Title 1, and approved by the Legislature pursuant to law. Payment of benefits pursuant to this section for any eligible member shall be retroactive to the effective date of the retirement of the member. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  42. 21418.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 5. Disability Retirement Benefits [21400 - 21432] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A disability retirement allowance for certain safety-related members retired because of industrial disability is calculated from the member’s accumulated normal contributions and 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 13. Retirement Benefits [21250 - 21483] ( Chapter 13 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Disability Retirement Benefits [21400 - 21432] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21418. The disability retirement allowance for a patrol, state safety, state peace officer/firefighter, state industrial, or local safety member retired because of industrial disability shall be derived from his or her accumulated normal contributions and the contributions of his or her employer. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  43. 21419.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 5. Disability Retirement Benefits [21400 - 21432] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This system must deduct certain advanced disability pension payments from a member’s retroactive disability allowance and reimburse the local agency. If that allowance is not enough, up to 10% of the member’s monthly disability allowance may be deducted until repayment is complete.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 5. Disability Retirement Benefits [21400 - 21432] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21419. This system shall deduct the amount of advanced disability pension payments made to a local safety member pursuant to Section 4850.3 or 4850.4 of the Labor Code from the member’s retroactive disability allowance, and reimburse the local agency that has made the advanced disability pension payments. If the retroactive disability allowance is not sufficient to reimburse the total advanced disability pension payments, an amount no greater than 10 percent of the member’s monthly disability allowance shall be deducted and reimbursed to the local agency until the total advanced disability pension payments have been repaid. The local safety member and this system may agree to any other arrangement or schedule for the member to repay the advanced disability pension payments. (Amended by Stats. 2002, Ch. 877, Sec. 1. Effective January 1, 2003.)
  44. 21419.5.

    ## 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 5. Disability Retirement Benefits [21400 - 21432] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The system must deduct interim disability allowance payments from a member’s retroactive disability allowance and reimburse the state agency, subject to a 10% monthly cap if the allowance is not enough. If the disability application is denied, the system does not have to reimburse the interim 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 13. Retirement Benefits [21250 - 21483] ( Chapter 13 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Disability Retirement Benefits [21400 - 21432] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21419.5. The system shall deduct the amount of interim disability allowance made to a state member pursuant to subdivision (i) of Section 19253.5 from the member’s retroactive disability allowance, and reimburse the state agency that has made the interim disability allowance payments. If the retirement disability allowance is not sufficient to reimburse the total interim disability allowance payments, an amount no greater than 10 percent of the member’s monthly disability allowance shall be deducted and reimbursed to the state agency until the total interim disability allowance payments have been repaid. The state member and this system may agree to any other arrangements or schedule for the member to repay the interim disability allowance payments. If the disability application is denied, the system shall not be responsible for reimbursing the amount of interim disability allowance paid to the member by the state agency. (Added by Stats. 1999, Ch. 310, Sec. 19. Effective January 1, 2000.)
  45. 21420.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 5. Disability Retirement Benefits [21400 - 21432] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A member retired for industrial disability is entitled to an annuity from accumulated normal contributions made in another membership category, if those contributions were for service in that other category.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 5. Disability Retirement Benefits [21400 - 21432] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21420. If a member retired for industrial disability has made contributions in respect to service rendered in a category of membership other than the category in which he or she was at the time he or she suffered the disability or incurred the disease causing his or her retirement for industrial disability, in addition to the disability retirement allowance to which he or she is otherwise entitled under this article, he or she shall receive an annuity purchased with his or her accumulated normal contributions made in respect to service rendered in the other category of membership. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  46. 21422.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 5. Disability Retirement Benefits [21400 - 21432] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Eligible disability retirees receive a disability retirement allowance made up of an annuity, and possibly an employer-funded pension component if the board finds the disability was not caused by intemperance, willful misconduct, or violation of law.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 13. Retirement Benefits [21250 - 21483] ( Chapter 13 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Disability Retirement Benefits [21400 - 21432] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21422. Every member retired for disability for whom a different disability retirement allowance is not prescribed by any other provision of this article, including a member who is entitled to an industrial disability retirement allowance if the disability is industrial but who retires for nonindustrial disability shall receive a disability retirement allowance which shall consist of: (a) An annuity that is the actuarial equivalent of his or her accumulated contributions at the time of retirement; and (b) If, in the opinion of the board, his or her disability is not due to intemperance, willful misconduct or violation of law on his or her part, a disability retirement pension derived from the contributions of the employer. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  47. 21423.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 5. Disability Retirement Benefits [21400 - 21432] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section sets the formula for a member’s disability retirement pension and gives a service-retirement fallback if that amount is higher.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 5. Disability Retirement Benefits [21400 - 21432] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21423. The disability retirement pension, other than an industrial disability retirement pension, for a member, other than a member who is subject to Section 21424 or 21427, shall be such an amount as with that portion of his or her annuity provided by his or her accumulated normal contributions, shall make his or her disability retirement allowance equal to one of the following: (a) Ninety percent of one-fiftieth of his or her 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 one-fiftieth of his or her final compensation multiplied by the number of years of service that would be creditable to him or her if his or her service were to continue until attainment by him or her of the age of 60 years, but in that case the retirement allowance shall not exceed one-third of 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 state service. (c) If qualified for service retirement, the member shall receive his or her service retirement allowance if that allowance is greater than the disability retirement allowance provided by this section. (Amended by Stats. 2002, Ch. 664, Sec. 110. Effective January 1, 2003.)
  48. 21424.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 5. Disability Retirement Benefits [21400 - 21432] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section sets how a state miscellaneous or state industrial service nonindustrial disability retirement pension is calculated, including an alternative formula, a 10-year state service condition for one formula, and a rule that the member gets the service retirement allowance if it is higher.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 5. Disability Retirement Benefits [21400 - 21432] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21424. The nonindustrial disability retirement pension for state miscellaneous or state industrial service subject to Section 21076 or 21076.5 shall be one of the following: (a) Ninety percent of one-eightieth of his or her final compensation, multiplied by the number of years of service credited to him or her. (b) If the nonindustrial disability retirement allowance computed under subdivision (a) does not exceed one-third of his or her final compensation, 90 percent of one-eightieth of his or her final compensation multiplied by the number of years of service that would be creditable to him or her if his or her service were to continue until attainment by him or her of the age of 65 years, but in that case the retirement allowance may not exceed one-third of the final compensation. This subdivision is not applicable to members who have not been credited, at the time of retirement, with at least 10 years of state service. (c) If the nonindustrial 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 bears to the total allowance computed as if there were no limit, so that the total of the pensions shall equal the maximum allowed. (d) If qualified for service retirement, the member shall receive his or her service retirement allowance if that allowance is greater than the nonindustrial disability retirement allowance provided by this section. (Amended by Stats. 2017, Ch. 241, Sec. 11. (SB 525) Effective January 1, 2018.)
  49. 21426.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 5. Disability Retirement Benefits [21400 - 21432] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The disability retirement pension cannot be set above the amount needed to avoid exceeding the member’s service retirement allowance at age 60, with certain annuities excluded from the comparison.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 5. Disability Retirement Benefits [21400 - 21432] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21426. In no event shall the disability retirement pension under Sections 21422 and 21423 be more than sufficient to make the disability retirement allowance, exclusive of any annuity provided by accumulated additional contributions, exceed the service retirement allowance, exclusive of any annuity purchased by accumulated additional contributions, receivable by the member should he or she retire at age 60. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  50. 21427.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 5. Disability Retirement Benefits [21400 - 21432] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section increases certain disability retirement allowances for eligible local miscellaneous and local safety members and places the added cost on employers subject to the section.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 13. Retirement Benefits [21250 - 21483] ( Chapter 13 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Disability Retirement Benefits [21400 - 21432] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21427. The disability retirement allowance of a local miscellaneous and local safety member whose effective date of retirement for nonindustrial disability is after June 14, 1975, and whose last employment preceding retirement was with an employer subject to this section shall be increased by an amount that, when added to the disability retirement allowance otherwise payable under this part will make his or her disability retirement allowance, exclusive of the annuity payable from accumulated additional contributions, equal to 30 percent of final compensation if he or she has five years of service plus 1 percent of final compensation for each year of service in excess of five years to a maximum of 50 percent of final compensation. In no event shall the disability retirement pension be more than sufficient to make the disability allowance equal the service retirement allowance, exclusive of any annuity purchased by accumulated additional contributions, receivable by the member were he or she to continue in service and retire at age 60. The added amount payable under this section shall be a liability solely of employers subject to this section. In the case of a member who has service with more than one employer, the liability for the disability retirement pension provided by this section shall be apportioned on the basis of the member’s service to any employers who have elected to be subject to this section. This section shall not apply to any contracting agency nor to the employees of any contracting agency unless and until the agency elects to be subject to the provisions of this section by amendments to its contract made in the manner prescribed for approval of contracts, except that an election among the employees is not required, or, in the case of contracts made after June 14, 1975, by express provision in the contract making the contracting agency subject to the provisions of this section. This section shall only apply to members who retire for disability on and after the date the agency elects to be subject to this section. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  51. 21428.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 5. Disability Retirement Benefits [21400 - 21432] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Certain local safety and miscellaneous members retiring for industrial disability and found totally disabled must receive a disability retirement allowance of 75% of final compensation, plus any annuity from accumulated additional 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 5. Disability Retirement Benefits [21400 - 21432] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21428. Upon retirement of a local safety member or a local miscellaneous member for industrial disability, if the member is totally disabled he or she shall receive in lieu of the allowance otherwise provided by this article a disability retirement allowance equal to 75 percent of his or her final compensation plus an annuity purchased with his or her accumulated additional contributions, if any. For purposes of this section, “totally disabled” means inability to perform substantial gainful employment and the presumptions contained in Section 4662 of the Labor Code shall also be applied to the determination of total disability. This section shall not apply to any contracting agency nor to the employees of 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 January 1, 1974, by express provision in the contract making the contracting agency subject to the provisions of this section. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  52. 21428.1.

    ## 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 5. Disability Retirement Benefits [21400 - 21432] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A patrol member retired for industrial disability from a single serious bodily injury must receive the higher benefit provided here or under Section 21406, subject to exceptions and a 90% cap 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 5. Disability Retirement Benefits [21400 - 21432] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21428.1. (a) Upon retirement of a patrol member for industrial disability as the result of a single event that results in serious bodily injury, the member shall receive the higher of the allowance provided by Section 21406, or, the disability allowance otherwise provided pursuant to this section equal to 3 percent of his or her final compensation multiplied by the number of years of patrol service credited to him or her plus an annuity purchased with his or her accumulated additional contributions, if any. This section shall not apply to a disability that manifests more than six months after the effective date for the industrial disability retirement. This section does not entitle the member to an industrial disability retirement if the member would not otherwise be eligible for an industrial disability retirement. (b) This section shall apply only to serious bodily injuries, and shall not be applied to disabilities that are the result of any of the following: (1) Cumulative trauma. (2) Cumulative injuries, including, but not limited to, heart conditions, stroke, stress, anxiety, or diabetes. (3) Presumptive injuries or illnesses as described in Chapter 1 (commencing with Section 3200) of Part 1 of Division 4 of the Labor Code. (4) Stress-related disabilities. (5) Physical disability having mental origin. (c) If a patrol member has other service credit as a state peace officer/firefighter member, state safety member, local safety member, state miscellaneous, state industrial, or local miscellaneous member under this system, the cumulative benefit pursuant to this section, including an annuity purchased with his or her accumulated contributions, shall not exceed 90 percent of final compensation. (d) For purposes of this section, “serious bodily injury” includes any of the following: (1) Total loss of sight in one or both eyes. (2) Total loss of hearing in both ears. (3) Amputation or total loss of function in a hand, arm, foot, or leg. (4) A spinal cord injury resulting in paralysis which causes the complete loss of function in a hand, arm, foot, or leg. (5) Physical injury to the brain resulting in serious cognitive disorders or paralysis which causes the complete loss of function in a hand, arm, foot, or leg. (6) Injury to a major internal organ which substantially limits one or more “major life activities.” Major life activities are functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, breathing, learning, and performing substantial gainful employment. (7) Any other serious physical injury that results in the inability to perform substantial gainful employment. (e) This section applies only to those patrol members who are described by at least one of the following: (1) Employed in a state bargaining unit for which a memorandum of understanding has been agreed to by the state employer and the recognized employee organization to become subject to this section. (2) Excluded from the definition of state employee in subdivision (c) of Section 3513. (3) Employed by the executive branch of government and not a member of the civil service. (f) In the event of a dispute regarding the applicability of this section, the board shall proceed with retirement pursuant to any other section that may apply and with the payment of any benefits that are payable pursuant to any other section when this section is not applicable. If the board subsequently determines that this section is applicable, an amount equal to the benefits paid shall be deducted from the benefits payable pursuant to this section because of the determination. (Added by Stats. 2006, Ch. 240, Sec. 7. Effective September 13, 2006.)
  53. 21430.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 5. Disability Retirement Benefits [21400 - 21432] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A local safety member retiring for industrial disability must receive a disability retirement allowance, calculated from the disability percentage and limited to between 50% and 90% 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 5. Disability Retirement Benefits [21400 - 21432] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21430. Upon retirement of a local safety member for industrial disability, the member shall receive in lieu of the allowance otherwise provided by this article a disability retirement allowance in the amount of the percentage of final compensation equal to the percentage of permanent disability determined by the Workers’ Compensation Appeals Board for the purposes of permanent disability payments pursuant to Article 3 (commencing with Section 4650) of Chapter 2 of Part 2 of the Labor Code with respect solely to the injury resulting in the disability retirement and giving effect to Section 4750 of the Labor Code, but not less than 50 percent nor in excess of 90 percent of the member’s final compensation. This section shall not apply to any contracting agency nor to the employees of 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 June 14, 1975, by express provision in such contract making the contracting agency subject to the provisions of this section. This section shall only apply to members who retire for disability on and after the date the agency elects to be subject to this section. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  54. 21432.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 5. Disability Retirement Benefits [21400 - 21432] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The board must reduce a disability retirement pension if the recipient works in non-state employment before minimum retirement age, and the recipient must provide earnings information when requested.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 13. Retirement Benefits [21250 - 21483] ( Chapter 13 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Disability Retirement Benefits [21400 - 21432] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21432. If, prior to attaining the minimum age for voluntary retirement for service applicable to members of his or her class, a recipient of a disability retirement allowance, other than one for industrial disability, engages in a gainful occupation not in state service, the board shall reduce his or her monthly disability retirement pension to an amount that, when added to the compensation earned monthly by him or her, shall not exceed the amount of the maximum compensation earnable by a person holding the position that he or she held at the time of his or her retirement, or if that position has been abolished, the maximum compensation earnable by a person holding it immediately prior to its abolition. If his or her earnings are further altered, the board may further alter his or her disability retirement pension to the lower of the following amounts: (a) The amount of the disability retirement pension upon which he or she was originally retired. (b) An amount that, when added to the compensation earned by him or her shall equal the amount of the maximum compensation earnable by a person holding the position that he or she held at the time of his or her retirement, or, if that position has been abolished, the maximum compensation earnable by a person holding it immediately prior to its abolition. The recipient of a disability allowance shall furnish earnings information as requested by the board to administer this section. If the recipient fails to furnish requested information, the disability retirement pension shall be discontinued until such time as the requested information is furnished. If the requested information is furnished, the disability retirement pension shall be reinstated. When he or she reaches the minimum age for voluntary retirement for service applicable to members of his or her class his or her retirement allowance shall be made equal to the amount it would be if not reduced under this section, and shall not again be modified for any cause. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  55. 21450.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 6. Optional Settlements Prior to January 1, 2018 [21450 - 21465] ( Heading of Article 6 amended by Stats. 2016, Ch. 199, Sec. 4. )

    Verify source ↗

    If a member asks for retirement materials, the system must give a written explanation of how optional settlement, beneficiary, and survivor-benefit choices affect health 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 6. Optional Settlements Prior to January 1, 2018 [21450 - 21465] ( Heading of Article 6 amended by Stats. 2016, Ch. 199, Sec. 4. ) ## 21450. This system shall provide to any member who requests materials relating to retirement, a written explanation of the effects, if any, of each possible decision relating to the selection of optional settlements, beneficiaries, and survivor benefits upon health benefits that are provided pursuant to Part 5 (commencing with Section 22750). This section shall apply to any member who retires on or before December 31, 2017. (Amended by Stats. 2016, Ch. 199, Sec. 5. (AB 2404) Effective January 1, 2017.)
  56. 21451.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 6. Optional Settlements Prior to January 1, 2018 [21450 - 21465] ( Heading of Article 6 amended by Stats. 2016, Ch. 199, Sec. 4. )

    Verify source ↗

    A member or retired member may elect, revoke, or change an optional settlement election before the prior election is approved.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 6. Optional Settlements Prior to January 1, 2018 [21450 - 21465] ( Heading of Article 6 amended by Stats. 2016, Ch. 199, Sec. 4. ) ## 21451. In lieu of the retirement allowance for his or her life alone, a member or retired member may elect, or revoke or change a previous election prior to the approval of the previous election, to have the actuarial equivalent of his or her retirement allowance as of the date of retirement applied to a lesser retirement allowance, in accordance with one of the optional settlements specified in this article. The election or revocation or change thereof, with respect to a member subject to Section 21624, 21629, or 21630 at retirement, shall apply to all of the retirement allowance, if, at the effective date of retirement, the member has no spouse, children, or dependent parents who would qualify for an allowance under Section 21624, 21629, or 21630, as applicable, after the death of the member; or, if at retirement there are persons who would so qualify, then the election, or revocation, or change thereof, with respect to any optional settlement other than optional settlement one, shall apply only to the portion of the allowance that exceeds the amount of the allowance payable to the survivor. An actuarial equivalent under this article may be adjusted by the board for the intervals and upon the effective dates determined by the board. This section shall apply to any member who retires on or before December 31, 2017. (Amended by Stats. 2016, Ch. 199, Sec. 6. (AB 2404) Effective January 1, 2017.)
  57. 21452.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 6. Optional Settlements Prior to January 1, 2018 [21450 - 21465] ( Heading of Article 6 amended by Stats. 2016, Ch. 199, Sec. 4. )

    Verify source ↗

    For certain pre-1965 law enforcement retirees with federal benefits, the retirement allowance must be calculated as actuarially equivalent, and the board must estimate or recalculate the federal benefit in specified situations.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 6. Optional Settlements Prior to January 1, 2018 [21450 - 21465] ( Heading of Article 6 amended by Stats. 2016, Ch. 199, Sec. 4. ) ## 21452. The lesser retirement allowance under an optional settlement elected at retirement for law enforcement members whose retirement is effective prior to October 1, 1965, and who are entitled to receive benefits under the federal system, shall be actuarially equivalent to that part of the retirement allowance that is subject to option pursuant to Section 21451 that would have been payable at retirement had no optional settlement been elected after taking into consideration the reduction in the allowance provided for in former Section 21252.10, as amended by Chapter 1657 of the Statutes of 1971. Upon the election of an optional settlement by a member who has not attained the federal retirement age the board shall estimate the federal benefit upon the basis of information then available to it. If the death of the member should occur before he or she has attained the federal retirement age payments under the optional settlement elected shall be as estimated. If the member attains the federal retirement age, the board shall then recalculate the lesser retirement allowance payable under the optional settlement upon the basis of the age of the member and the beneficiary on the effective date of retirement, actuarial tables then in use and the federal benefit. This section shall apply to any member who retires on or before December 31, 2017. (Amended by Stats. 2016, Ch. 199, Sec. 7. (AB 2404) Effective January 1, 2017.)
  58. 21453.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 6. Optional Settlements Prior to January 1, 2018 [21450 - 21465] ( Heading of Article 6 amended by Stats. 2016, Ch. 199, Sec. 4. )

    Verify source ↗

    A member must make an election, revocation, or change of election within 30 calendar days after the first retirement-allowance payment, including after certain retirement-status changes.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 13. Retirement Benefits [21250 - 21483] ( Chapter 13 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 6. Optional Settlements Prior to January 1, 2018 [21450 - 21465] ( Heading of Article 6 amended by Stats. 2016, Ch. 199, Sec. 4. ) ## 21453. An election, revocation, or change of election shall be made within 30 calendar days after the making of the first payment on account of any retirement allowance or, in the event of a change of retirement status after retirement, within 30 calendar days after the making of the first payment on account of any retirement allowance following the change in retirement status. “Change in retirement status” includes, but is not limited to, change from service to disability retirement, from disability retirement to service retirement, from nonindustrial disability retirement to industrial disability retirement, or from industrial to nonindustrial disability retirement. For purposes of this section, payment shall be deemed to have been made on the date a warrant is mailed, or the date funds are electronically transferred to a bank, savings and loan association, or credit union account for deposit in the member’s account. This section shall not be construed to authorize a member to change his or her retirement status after the election, revocation, or change of election provided in this section. This section shall apply to any member who retires on or before December 31, 2017. (Amended by Stats. 2016, Ch. 199, Sec. 8. (AB 2404) Effective January 1, 2017.)
  59. 21454.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 6. Optional Settlements Prior to January 1, 2018 [21450 - 21465] ( Heading of Article 6 amended by Stats. 2016, Ch. 199, Sec. 4. )

    Verify source ↗

    This section lets certain optional retirement settlement elections be modified after divorce, legal separation, or annulment, and it applies only to members who retire on or before December 31, 2017.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 6. Optional Settlements Prior to January 1, 2018 [21450 - 21465] ( Heading of Article 6 amended by Stats. 2016, Ch. 199, Sec. 4. ) ## 21454. Notwithstanding Section 21453, an election of optional settlement 2 or 3, or optional settlement 4 involving life contingency in which a spouse is designated as the beneficiary, may be modified as provided in this section in the event of a dissolution of marriage or a legal separation in which the division of the community property awards the total interest in the retirement system to the retired member, or in an annulment of the marriage in which a court confirms the annulment. The modification shall provide that payment shall be continued during the retired person’s lifetime in accordance with the optional settlement then in effect but that no monthly allowance shall be paid following the retired person’s death, and in lieu thereof there shall be paid in a lump sum to the member’s estate or a beneficiary designated by him or her the amount, if any, by which the member’s accumulated contributions at retirement exceed the total payments made to the retired person to the date of his or her death. This section shall apply to any member who retires on or before December 31, 2017. (Amended by Stats. 2017, Ch. 241, Sec. 12. (SB 525) Effective January 1, 2018.)
  60. 21455.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 6. Optional Settlements Prior to January 1, 2018 [21450 - 21465] ( Heading of Article 6 amended by Stats. 2016, Ch. 199, Sec. 4. )

    Verify source ↗

    Eligible retiring members have a right to an optional settlement that pays a retirement allowance until death, with any unpaid balance at death paid to a beneficiary or estate.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 6. Optional Settlements Prior to January 1, 2018 [21450 - 21465] ( Heading of Article 6 amended by Stats. 2016, Ch. 199, Sec. 4. ) ## 21455. Optional settlement 1 consists of the right to have a retirement allowance paid to the member until his or her death and if the member dies before he or she receives in annuity payments the amount of his or her accumulated contributions at retirement, to have the balance at death paid to his or her beneficiary or estate. This section shall apply to any member who retires on or before December 31, 2017. (Amended by Stats. 2016, Ch. 199, Sec. 10. (AB 2404) Effective January 1, 2017.)
  61. 21456.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 6. Optional Settlements Prior to January 1, 2018 [21450 - 21465] ( Heading of Article 6 amended by Stats. 2016, Ch. 199, Sec. 4. )

    Verify source ↗

    Optional settlement 2 gives a member the right to a retirement allowance for life, with later payment to the beneficiary for life.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 6. Optional Settlements Prior to January 1, 2018 [21450 - 21465] ( Heading of Article 6 amended by Stats. 2016, Ch. 199, Sec. 4. ) ## 21456. Optional settlement 2 consists of the right to have a retirement allowance paid to a member until his or her death and thereafter to his or her beneficiary for life. If the beneficiary predeceases the member and the member elected this section to be effective on or after January 1, 1990, the member’s allowance shall be adjusted effective the first of the month following the death of the beneficiary, to reflect the benefit that would have been paid had the member not selected an optional settlement. If a nonspouse beneficiary waives entitlement to this allowance and the member elected this section to be effective on or after January 1, 1993, the member’s allowance shall be adjusted effective the first of the month following the receipt of the waiver of the allowance entitlement from the nonspouse beneficiary to reflect the benefit that would have been paid had the member not selected an optional settlement. If the marriage of a member is dissolved or annulled or there is a legal separation between the member and the beneficiary spouse and the judgment dividing the community property awards the total interest in this system to the member, and the member elects this section to be effective on or after January 1, 1994, the member’s allowance shall be adjusted effective the first of the month following the filing of the judgment with the board to reflect the benefit that would have been paid had the member not selected an optional settlement. If the beneficiary spouse predeceases the member on or after January 1, 1990, and the member elected this section to be effective prior to January 1, 1990, the member’s allowance shall be adjusted effective the first of the month following the death of the beneficiary spouse to reflect a new allowance as calculated below. If the nonspouse beneficiary waives entitlement to this allowance on or after January 1, 1993, and the member elected this section to be effective prior to January 1, 1993, the member’s allowance shall be adjusted, effective the first of the month following receipt by the board of the waiver of entitlement from the nonspouse beneficiary, to reflect a new allowance as calculated below. If the marriage of a member is dissolved or annulled or there is a legal separation between the member and the beneficiary spouse and the judgment dividing the community property awards the total interest in the retirement system to the member, and the member elected this section to be effective prior to January 1, 1994, the member’s allowance shall be adjusted, effective the first of the month following the filing of the judgment with the board to reflect a new allowance as calculated below. The qualifying event shall be the date on which the judgment is filed with the board. A percentage factor shall be applied to the difference between the member’s unmodified allowance and optional settlement 2 allowance, both of which shall include applicable cost-of-living increases. The product of this equation shall then be added to the member’s optional settlement 2 allowance and the total amount shall become the member’s base allowance. The percentage factor applicable to each member shall be determined by the time between the member’s retirement effective date and the date of death of the beneficiary spouse or by the time between the member’s retirement effective date and the date of the receipt of either the waiver of the allowance entitlement or the judgment of dissolution, annulment, or legal separation according to the following table: Period between the member’s retirement effective date and the date of the qualifying event Percentage Less than 12 months 95% 12 months through 23 months 85% 24 months through 35 months 75% 36 months through 47 months 65% 48 months through 59 months 55% 60 months through 71 months 45% 72 months through 83 months 35% 84 months through 95 months 25% 96 months through 107 months 15% 108 months through 119 months 5% 120 months or more 0% Nothing in this section shall result in additional cost to the employer. This section shall apply to any member who retires on or before December 31, 2017. (Amended by Stats. 2016, Ch. 199, Sec. 11. (AB 2404) Effective January 1, 2017.)
  62. 21457.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 6. Optional Settlements Prior to January 1, 2018 [21450 - 21465] ( Heading of Article 6 amended by Stats. 2016, Ch. 199, Sec. 4. )

    Verify source ↗

    Optional settlement 3 gives a member the right to have a retirement allowance paid during life, then half of that allowance paid to the beneficiary for life.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 6. Optional Settlements Prior to January 1, 2018 [21450 - 21465] ( Heading of Article 6 amended by Stats. 2016, Ch. 199, Sec. 4. ) ## 21457. Optional settlement 3 consists of the right to have a retirement allowance paid to a member until his or her death, and thereafter to have one-half of his or her retirement allowance paid to his or her beneficiary for life. If the beneficiary predeceases the member and the member elected this section to be effective on or after January 1, 1990, the member’s allowance shall be adjusted effective the first of the month following the death of the beneficiary, to reflect the benefit that would have been paid had the member not selected an optional settlement. If the marriage of a member is dissolved or annulled or there is a legal separation between the member and the beneficiary spouse and the judgment dividing the community property awards the total interest in this system to the member, and the member elects this section to be effective on or after January 1, 1994, the member’s allowance shall be adjusted effective the first of the month following the filing of the judgment with the board to reflect the benefit that would have been paid had the member not selected an optional settlement. If a nonspouse beneficiary waives entitlement to this allowance and the member elected this section to be effective on or after January 1, 1993, the member’s allowance shall be adjusted, effective the first of the month following the receipt of the waiver of the allowance entitlement from the nonspouse beneficiary, to reflect the benefit that would have been paid had the member not selected an optional settlement. If the beneficiary spouse predeceases the member on or after January 1, 1990, and the member elected this section to be effective prior to January 1, 1990, the member’s allowance shall be adjusted effective the first of the month following the death of the beneficiary spouse to reflect a new allowance as calculated below. If the marriage of a member is dissolved or annulled or there is a legal separation between the member and the beneficiary spouse and the judgment dividing the community property awards the total interest in the retirement system to the member, and the member elected this section to be effective prior to January 1, 1994, the member’s allowance shall be adjusted, effective the first of the month following the filing of the judgment with the board to reflect a new allowance as calculated below. The qualifying event shall be the date on which the judgment is filed with the board. If the nonspouse beneficiary waives entitlement to this allowance on or after January 1, 1993, and the member elected this section to be effective prior to January 1, 1993, the member’s allowance shall be adjusted, effective the first of the month following receipt by the board of the waiver of entitlement from the nonspouse beneficiary, to reflect a new allowance as calculated below. A percentage factor shall be applied to the difference between the member’s unmodified allowance and optional settlement 3 allowance, both of which shall include applicable cost-of-living increases. The product of this equation shall then be added to the member’s optional settlement 3 allowance and the total amount shall become the member’s base allowance. The percentage factor applicable to each member shall be determined by the time between the member’s retirement effective date and the date of death of the beneficiary spouse or by the time between the member’s retirement effective date and the date of the receipt of either the waiver of the allowance entitlement or the judgment of dissolution, annulment, or legal separation according to the following table: Period between the member’s retirement effective date and the date of the qualifying event Percentage Less than 12 months 95% 12 months through 23 months 85% 24 months through 35 months 75% 36 months through 47 months 65% 48 months through 59 months 55% 60 months through 71 months 45% 72 months through 83 months 35% 84 months through 95 months 25% 96 months through 107 months 15% 108 months through 119 months 5% 120 months or more 0% Nothing in this section shall result in additional cost to the employer. This section shall apply to any member who retires on or before December 31, 2017. (Amended by Stats. 2016, Ch. 199, Sec. 12. (AB 2404) Effective January 1, 2017.)
  63. 21458.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 6. Optional Settlements Prior to January 1, 2018 [21450 - 21465] ( Heading of Article 6 amended by Stats. 2016, Ch. 199, Sec. 4. )

    Verify source ↗

    Members may select optional settlement 4 only with board approval, and the board must put a specific illustration of that option in each member benefit booklet.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 6. Optional Settlements Prior to January 1, 2018 [21450 - 21465] ( Heading of Article 6 amended by Stats. 2016, Ch. 199, Sec. 4. ) ## 21458. Optional settlement 4 consists of such other benefits as are the actuarial equivalent of a member’s retirement allowance, that he or she may select subject to the approval of the board. However, the actuarial equivalent of benefits under this optional settlement payable to the member’s beneficiary shall not exceed the actuarial equivalent of the benefits which would be payable to that beneficiary if the member had elected optional settlement 2 and Section 21459. The board shall include in each member benefit booklet a specific illustration of the benefits available under optional settlement 4. This section shall apply to any member who retires on or before December 31, 2017. (Amended by Stats. 2016, Ch. 199, Sec. 13. (AB 2404) Effective January 1, 2017.)
  64. 21459.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 6. Optional Settlements Prior to January 1, 2018 [21450 - 21465] ( Heading of Article 6 amended by Stats. 2016, Ch. 199, Sec. 4. )

    Verify source ↗

    A member taking optional settlement 2 or 3 may irrevocably waive an allowance increase tied to a beneficiary’s death or certain marital events.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 6. Optional Settlements Prior to January 1, 2018 [21450 - 21465] ( Heading of Article 6 amended by Stats. 2016, Ch. 199, Sec. 4. ) ## 21459. A member who elects to receive optional settlement 2 or 3 may concurrently and irrevocably elect to waive the provision for an increase to his or her allowance due to the death of his or her beneficiary, a dissolution of marriage or a legal separation in which the judgment dividing the community property awards the total interest in this retirement system to the member, or in an annulment of the marriage in which a court confirms the annulment, or if the nonspouse beneficiary waives entitlement to this allowance and shall, instead, have his or her allowance based upon the waiver of this benefit. This section shall apply to any member who retires on or before December 31, 2017. (Amended by Stats. 2017, Ch. 241, Sec. 13. (SB 525) Effective January 1, 2018.)
  65. 21460.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 6. Optional Settlements Prior to January 1, 2018 [21450 - 21465] ( Heading of Article 6 amended by Stats. 2016, Ch. 199, Sec. 4. )

    Verify source ↗

    A qualifying member may elect a qualified joint and survivor annuity, with the spouse as beneficiary, if the listed survivor-benefit and 50% benefit 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 6. Optional Settlements Prior to January 1, 2018 [21450 - 21465] ( Heading of Article 6 amended by Stats. 2016, Ch. 199, Sec. 4. ) ## 21460. A member who elects to receive the unmodified allowance or optional settlement 1, or optional settlement 2, 3, or 4 with or without making the election specified in Section 21459, and who names his or her spouse as the option beneficiary, and whose spouse is also an eligible survivor for the benefits provided by Section 21624, 21626, 21627, 21628, 21629, or 21630, and where the total benefit to the surviving spouse is at least 50 percent of the member’s unmodified allowance, may concurrently and irrevocably elect to have his or her allowance paid as a “qualified joint and survivor annuity.” Notwithstanding any other provision of this part, upon the election, the survivor allowance shall be paid only to the member’s spouse and shall continue to be paid upon the remarriage of the spouse. Any cost due to this election shall be paid by the member through an actuarial reduction to his or her allowance. For purposes of this section, a member’s retirement allowance shall be determined without regard to any limitation required pursuant to Section 415 of Title 26 of the United States Code but the amount payable to the spouse shall be subject to those limits as if it were the retirement allowance of the member. This section shall apply to any member who retires on or before December 31, 2017. (Amended by Stats. 2016, Ch. 199, Sec. 15. (AB 2404) Effective January 1, 2017.)
  66. 21461.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 6. Optional Settlements Prior to January 1, 2018 [21450 - 21465] ( Heading of Article 6 amended by Stats. 2016, Ch. 199, Sec. 4. )

    Verify source ↗

    A retiring member may choose a two-part retirement payment, but the temporary annuity cannot cut the unmodified allowance by more than 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 13. Retirement Benefits [21250 - 21483] ( Chapter 13 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 6. Optional Settlements Prior to January 1, 2018 [21450 - 21465] ( Heading of Article 6 amended by Stats. 2016, Ch. 199, Sec. 4. ) ## 21461. (a) A member retiring for service may elect to have the actuarial equivalent of his or her unmodified service retirement allowance paid in two parts as follows: (1) A temporary annuity in an amount specified by the member but which shall not result in a reduction to his or her unmodified allowance by more than 50 percent. (2) A life income consisting of his or her service retirement annuity plus the pension provided by the actuarial value of his or her current and prior service pensions remaining after providing the temporary annuity in paragraph (1). (b) The temporary annuity under subdivision (a) shall not be subject to further optional settlement under this article and shall be payable monthly as an addition to the member’s monthly life income beginning on his or her effective date of retirement and continuing until the member reaches 59 years and six months of age or any whole age between 60 and 68 years of age, as designated by the member at the time of his or her retirement. If his or her death occurs prior to that age, the commuted value of any remaining installments shall be paid to his or her designated beneficiary in a lump sum. This section shall apply to any member who retires on or before December 31, 2017. (Amended by Stats. 2016, Ch. 199, Sec. 16. (AB 2404) Effective January 1, 2017.)
  67. 21461.5.

    ## 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 6. Optional Settlements Prior to January 1, 2018 [21450 - 21465] ( Heading of Article 6 amended by Stats. 2016, Ch. 199, Sec. 4. )

    Verify source ↗

    Certain retiring members may choose to receive their service retirement allowance in two parts.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 6. Optional Settlements Prior to January 1, 2018 [21450 - 21465] ( Heading of Article 6 amended by Stats. 2016, Ch. 199, Sec. 4. ) ## 21461.5. (a) Notwithstanding Section 21461, a member retiring for service who became a member of the system on or after January 1, 2002, and who is covered under the federal system but is not yet receiving a retirement or disability benefit under that system, may elect to have the actuarial equivalent of his or her unmodified service retirement allowance paid in two parts as follows: (1) A temporary annuity that shall not exceed the primary social security benefit that is anticipated the member shall be entitled to receive at social security retirement age, which age shall be designated by the member. (2) A life income consisting of the member’s service retirement annuity plus the pension provided by the actuarial value of the member’s current and prior service pensions remaining after providing the temporary annuity in paragraph (1). (b) The temporary annuity under paragraph (1) of subdivision (a) shall not be subject to further optional settlement under this article and shall be payable monthly as an addition to the member’s monthly life income beginning on the member’s effective date of retirement and continuing until the retired member attains the age designated by the member under subdivision (a). If the member dies prior to the designated age, the commuted value of any installments payable for the period remaining until the member would have attained that age shall be paid to the member’s designated beneficiary in a lump sum. This section shall apply to any member who retires on or before December 31, 2017. (Amended by Stats. 2016, Ch. 199, Sec. 17. (AB 2404) Effective January 1, 2017.)
  68. 21462.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 6. Optional Settlements Prior to January 1, 2018 [21450 - 21465] ( Heading of Article 6 amended by Stats. 2016, Ch. 199, Sec. 4. )

    Verify source ↗

    This section lets certain retired members change an optional settlement election and beneficiary after specified life events, but the election is irrevocable and must follow timing and filing 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 6. Optional Settlements Prior to January 1, 2018 [21450 - 21465] ( Heading of Article 6 amended by Stats. 2016, Ch. 199, Sec. 4. ) ## 21462. (a) (1) Notwithstanding any other provision of this part, a member who elected to receive optional settlement 2, 3, or 4 at retirement, involving a life contingency of the beneficiary, may, if the beneficiary predeceases the member or if the member marries and the former spouse was not named as beneficiary, or, if a former spouse was named, in the event of a dissolution of marriage or a legal separation in which the judgment dividing the community property awards the total interest in the retirement system to the retired member, or in an annulment of marriage in which the court confirms the annulment, elect to have the actuarial equivalent reflecting any selection against the fund resulting from the election as of the date of election of the allowance payable for the remainder of the member’s lifetime under the optional settlement previously chosen applied to a lesser allowance during the member’s remaining lifetime under one of the optional settlements specified in this article and name a different beneficiary. (2) Notwithstanding paragraph (1), a member who elected to receive optional settlement 2, 3, or 4 at retirement, involving a life contingency of the beneficiary, may, if the member marries and a former spouse was named as beneficiary, in the event of a dissolution of marriage or a legal separation in which the judgment dividing the community property awards only a portion of the interest in the retirement system to the retired member, elect to convert to a multiple life contingency option to add their new spouse and have the actuarial equivalent reflecting any selection against the fund resulting from the election as of the date of election of the allowance payable for the remainder of the member’s lifetime under the optional settlement previously chosen applied to a lesser allowance during the member’s remaining lifetime consisting of the right to have a retirement allowance paid to the member until their death and thereafter to have a monthly allowance paid to their new spouse for life for the remaining interest in the retirement system available to be allocated. Notwithstanding the foregoing, the combined allowance payable to the member’s named beneficiary or beneficiaries and the member’s survivor pursuant to Section 21624, 21629, or 21630, if applicable, shall not exceed the amount of the member’s allowance. The member may elect this option only once. No election shall be made in derogation of the former spouse’s interest in the retirement system. This paragraph shall become operative on January 1, 2026. (3) Notwithstanding paragraph (1), for an election under this section that occurs on or after January 1, 2014, a member may name the same beneficiary as previously designated, provided that the resulting benefit to the member and the named beneficiary otherwise meets the requirements of this section. (b) The election provided by this section is irrevocable and shall be made within 12 months following the death of the beneficiary who predeceased the member, within 12 months of the date of entry of the annulment of marriage or judgment dividing the community property of the parties, or within 12 months following marriage if the spouse is named as beneficiary. The election shall become effective on the date specified on the election, provided that this date is not earlier than the day following receipt of the election in this system under this section. (c) A member who has a qualifying event prior to January 1, 1988, and who fails to elect by January 1, 1989, or a member who has a qualifying event on or after January 1, 1988, and who fails to elect within 12 months, shall retain the right to make an election under this section. However, this election shall become effective no earlier than 12 months after the date it is filed with the board, provided that neither the member nor the designated beneficiary die prior to the effective date of the election. (d) This section shall not be construed to mean that designation of a new beneficiary causes the selection of an optional settlement. An optional settlement shall be selected by a member in a writing filed by the member with the board. (e) Nothing in this section shall be construed to permit any election that will result in additional costs to the employer. (f) This section shall apply to any member who retires on or before December 31, 2017. (Amended by Stats. 2024, Ch. 350, Sec. 1. (AB 1246) Effective January 1, 2025.)
  69. 21463.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 6. Optional Settlements Prior to January 1, 2018 [21450 - 21465] ( Heading of Article 6 amended by Stats. 2016, Ch. 199, Sec. 4. )

    Verify source ↗

    Some retirees who chose optional settlement 2 or 3 may receive an increased allowance if their beneficiary dies first, unless they waived that increase.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 6. Optional Settlements Prior to January 1, 2018 [21450 - 21465] ( Heading of Article 6 amended by Stats. 2016, Ch. 199, Sec. 4. ) ## 21463. A member who elected to receive optional settlement 2 or 3 and whose beneficiary predeceases him or her, shall be entitled to receive the increased allowance pursuant to Section 21456 or Section 21457, as applicable, unless the member elected to waive the provision for an increase to his or her allowance pursuant to Section 21459. This section shall apply to any member who retires on or before December 31, 2017. (Amended by Stats. 2016, Ch. 199, Sec. 19. (AB 2404) Effective January 1, 2017.)
  70. 21464.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 6. Optional Settlements Prior to January 1, 2018 [21450 - 21465] ( Heading of Article 6 amended by Stats. 2016, Ch. 199, Sec. 4. )

    Verify source ↗

    Some retired members may elect a new optional settlement after marriage, but the election is subject to timing and filing 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 6. Optional Settlements Prior to January 1, 2018 [21450 - 21465] ( Heading of Article 6 amended by Stats. 2016, Ch. 199, Sec. 4. ) ## 21464. Notwithstanding any provision of this part, a retired member who chose no optional settlement or optional settlement one at retirement and who marries after retirement may elect to have the actuarial equivalent, as of the date of the election, of the allowance payable for the remainder of the member’s lifetime applied to a lesser allowance during the member’s remaining lifetime under one of the optional settlements specified in this article and name the member’s spouse as beneficiary. The election provided by this section is irrevocable and shall be made within 12 months following a member’s marriage if the spouse is named as beneficiary. The election shall become effective on the date specified on the election, provided that this date is not earlier than the day following receipt of the election in this system pursuant to this section. A member who married prior to or after January 1, 1988, who fails to elect within 12 months, shall retain the right to make an election under this section. However, the election shall become effective no earlier than 12 months after the date it is filed with the board, provided that neither the member nor the designated beneficiary die prior to the effective date of the election. This section shall not be construed to mean that designation of a new beneficiary causes the selection of an optional settlement. An optional settlement shall be selected by a member in a writing filed by the member with the board. This section shall apply to any member who retires on or before December 31, 2017. (Amended by Stats. 2019, Ch. 330, Sec. 15. (SB 782) Effective January 1, 2020.)
  71. 21465.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 6. Optional Settlements Prior to January 1, 2018 [21450 - 21465] ( Heading of Article 6 amended by Stats. 2016, Ch. 199, Sec. 4. )

    Verify source ↗

    This section lets a qualifying member choose a partial lump-sum settlement of retirement benefits, subject to percentage limits and other 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 6. Optional Settlements Prior to January 1, 2018 [21450 - 21465] ( Heading of Article 6 amended by Stats. 2016, Ch. 199, Sec. 4. ) ## 21465. (a) Optional settlement 5 consists of a partial distribution of the actuarial present value of the portion, as specified in this section, of the member’s unmodified monthly allowance, as prescribed in Section 21362, 21362.2, 21363, 21363.1, 21363.4, or 21423, when a service retirement allowance is payable. The actuarial present value shall be based upon the investment return and postretirement mortality assumptions adopted by the board for that purpose. The member may elect to receive the actuarial present value of no less than 20 percent and no more than 50 percent of his or her unmodified allowance. The member may elect to receive the remaining portion of the unmodified allowance, not distributed as a lump-sum payment, under one of the settlements specified in this article for the remainder of his or her lifetime and thereafter to his or her designated beneficiary, unless this amount is solely limited to the survivor continuance portion. The portion of the unmodified allowance equivalent to the survivor continuance pursuant to Section 21624 may not be distributed as a lump-sum payment. The benefits provided under this section may not exceed the benefits that would have otherwise been provided under any other section in this article. (b) This section shall only apply to the following members who retire on or after January 1, 1999, and on or before December 31, 2017: (1) State peace officer/firefighter members in State Bargaining Unit 6. (2) State peace officer/firefighter members in State Bargaining Unit 8 and state patrol members in State Bargaining Unit 5, if a memorandum of understanding has been agreed upon by the state and the recognized employee organization to become subject to this section. (3) This section shall also apply to state peace officer/firefighter members and state patrol members in related supervisory and confidential positions, if the Department of Human Resources has approved their inclusion. (Amended by Stats. 2016, Ch. 199, Sec. 21. (AB 2404) Effective January 1, 2017.)
  72. 21470.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 7. Optional Settlements On and After January 1, 2018 [21470 - 21483] ( Article 7 added by Stats. 2016, Ch. 199, Sec. 22. )

    Verify source ↗

    The system must give certain retiring members a written explanation of how optional settlement, beneficiary, and survivor benefit choices may affect health 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 7. Optional Settlements On and After January 1, 2018 [21470 - 21483] ( Article 7 added by Stats. 2016, Ch. 199, Sec. 22. ) ## 21470. This system shall provide to any member who retires on or after January 1, 2018, and requests materials relating to retirement, a written explanation of the effects, if any, of each possible decision relating to the selection of optional settlements, beneficiaries, and survivor benefits upon health benefits that are provided pursuant to Part 5 (commencing with Section 22750). (Added by Stats. 2016, Ch. 199, Sec. 22. (AB 2404) Effective January 1, 2017.)
  73. 21471.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 7. Optional Settlements On and After January 1, 2018 [21470 - 21483] ( Article 7 added by Stats. 2016, Ch. 199, Sec. 22. )

    Verify source ↗

    For members retiring on or after January 1, 2018, the unmodified allowance pays the maximum retirement allowance to the member until death.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 13. Retirement Benefits [21250 - 21483] ( Chapter 13 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 7. Optional Settlements On and After January 1, 2018 [21470 - 21483] ( Article 7 added by Stats. 2016, Ch. 199, Sec. 22. ) ## 21471. (a) The unmodified allowance consists of the right to have the maximum retirement allowance paid to a member until his or her death. There is no continuing allowance to a beneficiary and there is no return of unused accumulated contributions after the death of the member. (b) This section shall apply to any member who retires on or after January 1, 2018. (Added by Stats. 2016, Ch. 199, Sec. 22. (AB 2404) Effective January 1, 2017.)
  74. 21471.1.

    ## 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 7. Optional Settlements On and After January 1, 2018 [21470 - 21483] ( Article 7 added by Stats. 2016, Ch. 199, Sec. 22. )

    Verify source ↗

    A retiring member may choose an optional settlement instead of the unmodified allowance, and the board may adjust actuarial equivalents.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 7. Optional Settlements On and After January 1, 2018 [21470 - 21483] ( Article 7 added by Stats. 2016, Ch. 199, Sec. 22. ) ## 21471.1. (a) In lieu of electing the unmodified allowance, a member may elect to have the actuarial equivalent of his or her unmodified allowance as of the date of retirement applied to a lesser retirement allowance, in accordance with one of the optional settlements specified in this article. The election with respect to a member subject to Section 21624, 21629, or 21630 at retirement, shall apply to all of the retirement allowance, if, at the effective date of retirement, the member has no spouse, children, or dependent parents who would qualify for an allowance under Section 21624, 21629, or 21630, as applicable, after the death of the member; or, if at retirement there are persons who would so qualify, then the election with respect to any optional settlement other than the optional settlement in Section 21474, shall apply only to the portion of the allowance that exceeds the amount of the allowance payable to the survivor. (b) An actuarial equivalent under this article may be adjusted by the board for the intervals and upon the effective dates determined by the board. (c) This section shall apply to any member who retires on or after January 1, 2018. (Added by Stats. 2016, Ch. 199, Sec. 22. (AB 2404) Effective January 1, 2017.)
  75. 21471.2.

    ## 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 7. Optional Settlements On and After January 1, 2018 [21470 - 21483] ( Article 7 added by Stats. 2016, Ch. 199, Sec. 22. )

    Verify source ↗

    If a member chooses an optional settlement for a beneficiary, the total allowance paid to the beneficiary and survivor cannot be more than the member’s own monthly 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 7. Optional Settlements On and After January 1, 2018 [21470 - 21483] ( Article 7 added by Stats. 2016, Ch. 199, Sec. 22. ) ## 21471.2. If a member elects an optional settlement that provides for a monthly allowance for his or her named beneficiary or beneficiaries, the combined allowance payable to the member’s named beneficiary or beneficiaries and the member’s survivor pursuant to Section 21624, 21629, or 21630, if applicable, cannot exceed the amount of the member’s monthly allowance. (Added by Stats. 2016, Ch. 199, Sec. 22. (AB 2404) Effective January 1, 2017.)
  76. 21472.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 7. Optional Settlements On and After January 1, 2018 [21470 - 21483] ( Article 7 added by Stats. 2016, Ch. 199, Sec. 22. )

    Verify source ↗

    A member must make, revoke, or change a retirement election within 30 calendar days after the first retirement payment, with a special timing rule if the member’s retirement status changes after 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 7. Optional Settlements On and After January 1, 2018 [21470 - 21483] ( Article 7 added by Stats. 2016, Ch. 199, Sec. 22. ) ## 21472. (a) An election, revocation, or change of election shall be made within 30 calendar days after the making of the first payment on account of any retirement allowance or, in the event of a change of retirement status after retirement, within 30 calendar days after the making of the first payment on account of any retirement allowance following the change in retirement status. “Change in retirement status” includes, but is not limited to, change from service to disability retirement, from disability retirement to service retirement, from nonindustrial disability retirement to industrial disability retirement, or from industrial to nonindustrial disability retirement (b) For purposes of this section, payment shall be deemed to have been made on the date a warrant is mailed, or the date funds are electronically transferred to a bank, savings and loan association, or credit union account for deposit in the member’s account. (c) This section shall not be construed to authorize a member to change his or her retirement status after the election, revocation, or change of election provided in this section. (d) This section shall apply to any member who retires on or after January 1, 2018. (Added by Stats. 2016, Ch. 199, Sec. 22. (AB 2404) Effective January 1, 2017.)
  77. 21473.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 7. Optional Settlements On and After January 1, 2018 [21470 - 21483] ( Article 7 added by Stats. 2016, Ch. 199, Sec. 22. )

    Verify source ↗

    For certain retirement elections with a spouse beneficiary, the election may be modified after divorce, legal separation, or annulment, and the payment terms change if the modification 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 7. Optional Settlements On and After January 1, 2018 [21470 - 21483] ( Article 7 added by Stats. 2016, Ch. 199, Sec. 22. ) ## 21473. (a) Notwithstanding Section 21472, the election of an optional settlement in Section 21475, 21475.5, 21476, 21476.5, or 21477 in which a spouse is designated as the beneficiary, may be modified as provided in this section in the event of a dissolution of marriage or a legal separation in which the division of the community property awards the total interest in the retirement system to the retired member, or in an annulment of marriage in which a court confirms the annulment. The modification shall provide that payment shall be continued during the retired member’s lifetime in accordance with the optional settlement then in effect but that no monthly allowance shall be paid following the retired member’s death, and in lieu thereof there shall be paid in a lump sum to the member’s estate or a beneficiary designated by him or her the amount, if any, by which the member’s accumulated contributions at retirement exceed the total payments made to the retired member to the date of his or her death. (b) This section shall apply to any member who retires on or after January 1, 2018. (Amended by Stats. 2017, Ch. 241, Sec. 15. (SB 525) Effective January 1, 2018.)
  78. 21474.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 7. Optional Settlements On and After January 1, 2018 [21470 - 21483] ( Article 7 added by Stats. 2016, Ch. 199, Sec. 22. )

    Verify source ↗

    A retiring member covered by this section has a right to receive a retirement allowance until death, and if the member dies before receiving all accumulated contributions through annuity payments, the remaining balance is paid to the beneficiary or beneficiaries.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 13. Retirement Benefits [21250 - 21483] ( Chapter 13 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 7. Optional Settlements On and After January 1, 2018 [21470 - 21483] ( Article 7 added by Stats. 2016, Ch. 199, Sec. 22. ) ## 21474. (a) The Return of Remaining Contributions Option 1 consists of the right to have a retirement allowance paid to a member until his or her death and if he or she dies before he or she receives in annuity payments the amount of his or her accumulated contributions at retirement, to have the balance at death paid to his or her beneficiary or beneficiaries. (b) This section shall apply to any member who retires on or after January 1, 2018. (Added by Stats. 2016, Ch. 199, Sec. 22. (AB 2404) Effective January 1, 2017.)
  79. 21475.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 7. Optional Settlements On and After January 1, 2018 [21470 - 21483] ( Article 7 added by Stats. 2016, Ch. 199, Sec. 22. )

    Verify source ↗

    This section gives a member the 100 Percent Beneficiary Option 2: the retirement allowance is paid to the member for life, then to the named beneficiary for life.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 7. Optional Settlements On and After January 1, 2018 [21470 - 21483] ( Article 7 added by Stats. 2016, Ch. 199, Sec. 22. ) ## 21475. (a) The 100 Percent Beneficiary Option 2 consists of the right to have a retirement allowance paid to a member until his or her death, and thereafter to have the same monthly allowance paid to his or her named beneficiary for life; provided that with respect to a member subject to Section 21624, 21629, or 21630 at retirement, the named beneficiary shall receive a monthly allowance equal to that portion of the member’s allowance that exceeds the amount of the allowance deemed payable to a survivor. (b) Upon the death of both the member and the named beneficiary, any remaining balance of the member’s accumulated contributions at retirement not used to fund the allowances paid to the member and the named beneficiary will be paid in a lump sum to a secondary beneficiary or beneficiaries named by the member. (c) This section shall apply to any member who retires on or after January 1, 2018. (Added by Stats. 2016, Ch. 199, Sec. 22. (AB 2404) Effective January 1, 2017.)
  80. 21475.5.

    ## 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 7. Optional Settlements On and After January 1, 2018 [21470 - 21483] ( Article 7 added by Stats. 2016, Ch. 199, Sec. 22. )

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    This section gives qualifying members an optional retirement benefit that continues payments to a named beneficiary after the member’s death, with specific adjustment rules in certain events.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 7. Optional Settlements On and After January 1, 2018 [21470 - 21483] ( Article 7 added by Stats. 2016, Ch. 199, Sec. 22. ) ## 21475.5. (a) The 100 Percent Beneficiary Option 2 with Benefit Allowance Increase consists of the right to have a retirement allowance paid to a member until his or her death and thereafter to have the same monthly allowance paid to his or her named beneficiary for life; provided that with respect to a member subject to Section 21624, 21629, or 21630 at retirement, the named beneficiary shall receive a monthly allowance equal to that portion of the member’s allowance that exceeds the amount of the allowance deemed payable to a survivor. (1) If the beneficiary predeceases the member, the member’s allowance shall be adjusted effective the first of the month following the death of the beneficiary, to reflect the benefit that would have been paid had the member not selected an optional settlement. (2) If a nonspouse beneficiary waives entitlement to this allowance, the member’s allowance shall be adjusted effective the first of the month following the receipt of the waiver of the allowance entitlement from the nonspouse beneficiary to reflect the benefit that would have been paid had the member not selected an optional settlement. (3) If the marriage of a member is dissolved or there is a legal separation between the member and the beneficiary spouse and the judgment dividing the community property awards the total interest in this system to the member, or in the event of an annulment of marriage in which the court confirms the annulment, the member’s allowance shall be adjusted effective the first of the month following the filing of the judgment with the board to reflect the benefit that would have been paid had the member not selected an optional settlement. (b) Nothing in this section shall result in additional cost to the employer. (c) This section shall apply to any member who retires on or after January 1, 2018. (Amended by Stats. 2017, Ch. 241, Sec. 16. (SB 525) Effective January 1, 2018.)
  81. 21476.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 7. Optional Settlements On and After January 1, 2018 [21470 - 21483] ( Article 7 added by Stats. 2016, Ch. 199, Sec. 22. )

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    This section gives a member the 50 Percent Beneficiary Option 3: the member receives a retirement allowance for life, then the named beneficiary receives half the member’s monthly allowance for life, with a special calculation for certain members. It applies to members who retire on or after January 1, 2018.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 13. Retirement Benefits [21250 - 21483] ( Chapter 13 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 7. Optional Settlements On and After January 1, 2018 [21470 - 21483] ( Article 7 added by Stats. 2016, Ch. 199, Sec. 22. ) ## 21476. (a) The 50 Percent Beneficiary Option 3 consists of the right to have a retirement allowance paid to a member until his or her death, and thereafter to have one-half of the member’s monthly allowance paid to his or her named beneficiary for life; provided that with respect to a member subject to Section 21624, 21629, or 21630 at retirement, the named beneficiary shall receive a monthly allowance equal to one-half of that portion of the member’s allowance that exceeds the amount of the allowance deemed payable to a survivor. (b) Upon the death of both the member and the named beneficiary, any remaining balance of the member’s accumulated contributions at retirement not used to fund the allowances paid to the member and the named beneficiary will be paid in a lump sum to the secondary beneficiary or beneficiaries named by the member. (c) This section shall apply to any member who retires on or after January 1, 2018. (Added by Stats. 2016, Ch. 199, Sec. 22. (AB 2404) Effective January 1, 2017.)
  82. 21476.5.

    ## 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 7. Optional Settlements On and After January 1, 2018 [21470 - 21483] ( Article 7 added by Stats. 2016, Ch. 199, Sec. 22. )

    Verify source ↗

    This section gives certain retirement members a beneficiary option that pays the member during life and then pays part of the allowance to the named beneficiary after death, with adjustments if circumstances change.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 7. Optional Settlements On and After January 1, 2018 [21470 - 21483] ( Article 7 added by Stats. 2016, Ch. 199, Sec. 22. ) ## 21476.5. (a) The 50 Percent Beneficiary Option 3 with Benefit Allowance Increase consists of the right to have a retirement allowance paid to a member until his or her death, and thereafter to have one-half of the member’s monthly allowance paid to his or her named beneficiary for life; provided that with respect to a member subject to Section 21624, 21629, or 21630 at retirement, the named beneficiary shall receive a monthly allowance equal to one-half of that portion of the member’s allowance that exceeds the amount of the allowance deemed payable to a survivor. (1) If the beneficiary predeceases the member, the member’s allowance shall be adjusted effective the first of the month following the death of the beneficiary, to reflect the benefit that would have been paid had the member not selected an optional settlement. (2) If the marriage of a member is dissolved or there is a legal separation between the member and the beneficiary spouse and the judgment dividing the community property awards the total interest in this system to the member, or in the event of an annulment of marriage in which the court confirms the annulment, the member’s allowance shall be adjusted effective the first of the month following the filing of the judgment with the board to reflect the benefit that would have been paid had the member not selected an optional settlement. (3) If a nonspouse beneficiary waives entitlement to this allowance, the member’s allowance shall be adjusted, effective the first of the month following the receipt of the waiver of the allowance entitlement from the nonspouse beneficiary, to reflect the benefit that would have been paid had the member not selected an optional settlement. (b) Nothing in this section shall result in additional cost to the employer. (c) This section shall apply to any member who retires on or after January 1, 2018. (Amended by Stats. 2017, Ch. 241, Sec. 17. (SB 525) Effective January 1, 2018.)
  83. 21477.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 7. Optional Settlements On and After January 1, 2018 [21470 - 21483] ( Article 7 added by Stats. 2016, Ch. 199, Sec. 22. )

    Verify source ↗

    This section gives a member an optional beneficiary settlement that continues payments after the member’s death, and lets the member choose among listed payment structures.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 7. Optional Settlements On and After January 1, 2018 [21470 - 21483] ( Article 7 added by Stats. 2016, Ch. 199, Sec. 22. ) ## 21477. (a) The Flexible Beneficiary Option 4 consists of the right to have a retirement allowance paid to a member until his or her death, and thereafter to have a monthly allowance paid to his or her named beneficiary or beneficiaries for life. Subject to Section 21471.2, the member may select the monthly allowance payable to the named beneficiary or beneficiaries from the options below: (1) Specific Dollar Amount to a Beneficiary or Beneficiaries. The member may specify that upon his or her death after retirement, a monthly allowance in an amount determined by the member be paid to a named beneficiary or beneficiaries for life. (2) Specific Percentage to a Beneficiary or Beneficiaries. The member may specify that upon his or her death after retirement, a monthly allowance in an amount equivalent to a specified percentage of the member’s allowance be paid to a named beneficiary or beneficiaries for life. (3) Court Ordered Community Property. Upon receipt of documentation by the board and solely for purposes of dividing community property in connection with the legal separation or dissolution of marriage, a court may order the member to select this option to provide the nonmember spouse with a lifetime monthly allowance equal to the nonmember spouse’s system interest as defined in the court order. This order shall comply with Section 2610 of the Family Code. (A) Any portion of the member’s unmodified benefit that is not awarded to the nonmember spouse shall be the member’s separate benefit. (B) The actuarial reduction necessary to provide a lifetime benefit to the nonmember spouse shall be based on the joint lives of both the member and the nonmember spouse as determined by the board. Unless the court order provides otherwise, the actuarial reduction will be applied to the nonmember spouse’s system interest. (C) A member who selects this option shall have the right to receive his or her separate interest for his or her life alone or may designate another beneficiary or beneficiaries to receive a benefit after the member’s death as set forth in Section 21471 or 21474, or this section. (D) This section is not intended to limit the parties’ rights to obtain a court order providing for any other division of the community property interest acceptable to the board in accordance with Section 2610 of the Family Code or for the selection of a different optional settlement. (b) This section shall apply to any member who retires on or after January 1, 2018. (Amended by Stats. 2017, Ch. 241, Sec. 18. (SB 525) Effective January 1, 2018.)
  84. 21478.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 7. Optional Settlements On and After January 1, 2018 [21470 - 21483] ( Article 7 added by Stats. 2016, Ch. 199, Sec. 22. )

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    A qualifying member may choose a qualified joint and survivor annuity for the allowance, if the listed survivor and benefit 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 7. Optional Settlements On and After January 1, 2018 [21470 - 21483] ( Article 7 added by Stats. 2016, Ch. 199, Sec. 22. ) ## 21478. (a) A member who elects to receive the unmodified allowance or the optional settlement in Section 21474, or the optional settlement in Section 21475, 21475.5, 21476, 21476.5, or 21477, and who names his or her spouse as the option beneficiary, and whose spouse is also an eligible survivor for the benefits provided by Section 21624, 21626, 21627, 21628, 21629, or 21630, and if the total benefit to the surviving spouse is at least 50 percent of the member’s unmodified allowance, may concurrently and irrevocably elect to have his or her allowance paid as a “qualified joint and survivor annuity.” Notwithstanding any other provision of this part, upon the election, the survivor allowance shall be paid only to the member’s spouse and shall continue to be paid upon the remarriage of the spouse. Any cost due to this election shall be paid by the member through an actuarial reduction to his or her allowance. (b) For purposes of this section, a member’s retirement allowance shall be determined without regard to any limitation required pursuant to Section 415 of Title 26 of the United States Code but the amount payable to the spouse shall be subject to those limits as if it were the retirement allowance of the member. (c) This section shall apply to any member who retires on or after January 1, 2018. (Added by Stats. 2016, Ch. 199, Sec. 22. (AB 2404) Effective January 1, 2017.)
  85. 21479.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 7. Optional Settlements On and After January 1, 2018 [21470 - 21483] ( Article 7 added by Stats. 2016, Ch. 199, Sec. 22. )

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    A retiring member may choose to receive retirement benefits in two parts: a temporary annuity and a life income, subject to limits and timing rules.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 13. Retirement Benefits [21250 - 21483] ( Chapter 13 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 7. Optional Settlements On and After January 1, 2018 [21470 - 21483] ( Article 7 added by Stats. 2016, Ch. 199, Sec. 22. ) ## 21479. (a) A member retiring for service may elect to have the actuarial equivalent of his or her unmodified service retirement allowance paid in two parts as follows: (1) A temporary annuity in an amount specified by the member but which shall not result in a reduction to his or her unmodified allowance by more than 50 percent. (2) A life income consisting of his or her service retirement annuity plus the pension provided by the actuarial value of his or her current and prior service pensions remaining after providing the temporary annuity in paragraph (1). (b) The temporary annuity under subdivision (a) shall not be subject to further optional settlement under this article and shall be payable monthly as an addition to the member’s monthly life income beginning on his or her effective date of retirement and continuing until the member reaches 59 years and six months of age or any whole age between 60 and 68 years of age, as designated by the member at the time of his or her retirement. If his or her death occurs prior to that age, the commuted value of any remaining installments shall be paid to his or her designated beneficiary in a lump sum. (c) This section shall apply to any member who retires on or after January 1, 2018. (Added by Stats. 2016, Ch. 199, Sec. 22. (AB 2404) Effective January 1, 2017.)
  86. 21480.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 7. Optional Settlements On and After January 1, 2018 [21470 - 21483] ( Article 7 added by Stats. 2016, Ch. 199, Sec. 22. )

    Verify source ↗

    Certain eligible retiring members may choose to receive their service retirement allowance in two parts, subject to the listed 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 7. Optional Settlements On and After January 1, 2018 [21470 - 21483] ( Article 7 added by Stats. 2016, Ch. 199, Sec. 22. ) ## 21480. (a) Notwithstanding Section 21479, a member retiring for service who became a member of the system on or after January 1, 2002, and who is covered under the federal system but is not yet receiving a retirement or disability benefit under that system, may elect to have the actuarial equivalent of his or her unmodified service retirement allowance paid in two parts as follows: (1) A temporary annuity that shall not exceed the primary social security benefit that is anticipated the member shall be entitled to receive at social security retirement age, which age shall be designated by the member. (2) A life income consisting of the member’s service retirement annuity plus the pension provided by the actuarial value of the member’s current and prior service pensions remaining after providing the temporary annuity in paragraph (1). (b) The temporary annuity under paragraph (1) of subdivision (a) shall not be subject to further optional settlement under this article and shall be payable monthly as an addition to the member’s monthly life income beginning on the member’s effective date of retirement and continuing until the retired member attains the age designated by the member under subdivision (a). If the member dies prior to the designated age, the commuted value of any installments payable for the period remaining until the member would have attained that age shall be paid to the member’s designated beneficiary in a lump sum. (c) This section shall apply to any member who retires on or after January 1, 2018. (Added by Stats. 2016, Ch. 199, Sec. 22. (AB 2404) Effective January 1, 2017.)
  87. 21481.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 7. Optional Settlements On and After January 1, 2018 [21470 - 21483] ( Article 7 added by Stats. 2016, Ch. 199, Sec. 22. )

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    A qualifying member may change beneficiary and settlement options after certain family-status events, but must follow filing deadlines and cannot increase employer 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 7. Optional Settlements On and After January 1, 2018 [21470 - 21483] ( Article 7 added by Stats. 2016, Ch. 199, Sec. 22. ) ## 21481. (a) (1) Notwithstanding any other provision of this part, a member who elected the optional settlement in Section 21475, 21475.5, 21476, 21476.5, or 21477 at retirement, may, if the beneficiary predeceases the member or if the member marries and the former spouse was not named as beneficiary, or, if a former spouse was named, in the event of a dissolution of marriage or a legal separation in which the judgment dividing the community property awards the total interest in the retirement system to the retired member, or in an annulment of marriage in which the court confirms the annulment, elect to have the actuarial equivalent reflecting any selection against the fund resulting from the election as of the date of election of the allowance payable for the remainder of the member’s lifetime under the optional settlement previously chosen applied to a lesser allowance during the member’s remaining lifetime under one of the optional settlements specified in this article and name a different beneficiary. (2) Notwithstanding paragraph (1), a member who elected to receive the optional settlement in Section 21475, 21475.5, 21476, 21476.5, or 21477 at retirement, may, if the member marries and a former spouse was named as beneficiary, in the event of a dissolution of marriage or a legal separation in which the judgment dividing the community property awards only a portion of the interest in the retirement system to the retired member, elect to convert to a multiple life contingency option to add their new spouse and have the actuarial equivalent reflecting any selection against the fund resulting from the election as of the date of election of the allowance payable for the remainder of the member’s lifetime under the optional settlement previously chosen applied to a lesser allowance during the member’s remaining lifetime consisting of the right to have a retirement allowance paid to the member until their death and thereafter to have a monthly allowance paid to their new spouse for life for the remaining interest in the retirement system available to be allocated. Notwithstanding the foregoing, the combined allowance payable to the member’s named beneficiary or beneficiaries and the member’s survivor pursuant to Section 21624, 21629, or 21630, if applicable, shall not exceed the amount of the member’s allowance. The member may elect this option only once. No election shall be made in derogation of the former spouse’s interest in the retirement system. This paragraph shall become operative on January 1, 2026. (3) Notwithstanding paragraph (1), for an election under this section that occurs on or after January 1, 2014, a member may name the same beneficiary as previously designated, provided that the resulting benefit to the member and the named beneficiary otherwise meets the requirements of this section. (b) The election provided by this section is irrevocable and shall be made within 12 months following the death of the beneficiary who predeceased the member or within 12 months of the date of entry of the annulment of marriage or judgment dividing the community property of the parties, or within 12 months following marriage if the spouse is named as beneficiary. The election shall become effective on the date specified on the election, provided that this date is not earlier than the day following receipt of the election in this system under this section. (c) A member who has a qualifying event and who fails to elect within 12 months, shall retain the right to make an election under this section. However, this election shall become effective no earlier than 12 months after the date it is filed with the board, provided that neither the member nor the designated beneficiary die prior to the effective date of the election. (d) This section shall not be construed to mean that designation of a new beneficiary causes the selection of an optional settlement. An optional settlement shall be selected by a member in a writing filed by the member with the board. (e) Nothing in this section shall be construed to permit any election that will result in additional costs to the employer. (f) This section shall apply to any member who retires on or after January 1, 2018. (Amended by Stats. 2024, Ch. 350, Sec. 2. (AB 1246) Effective January 1, 2025.)
  88. 21482.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 7. Optional Settlements On and After January 1, 2018 [21470 - 21483] ( Article 7 added by Stats. 2016, Ch. 199, Sec. 22. )

    Verify source ↗

    A retired member who marries after retirement may elect a different optional settlement and name the spouse as beneficiary, but the election is irrevocable and must generally be made within 12 months of the marriage.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 7. Optional Settlements On and After January 1, 2018 [21470 - 21483] ( Article 7 added by Stats. 2016, Ch. 199, Sec. 22. ) ## 21482. (a) Notwithstanding any provision of this part, a retired member who chose no optional settlement or the optional settlement in Section 21474 at retirement and who marries after retirement may elect to have the actuarial equivalent, as of the date of the election, of the allowance payable for the remainder of the member’s lifetime applied to a lesser allowance during the member’s remaining lifetime under one of the optional settlements specified in this article and name the member’s spouse as beneficiary. (b) The election provided by this section is irrevocable and shall be made within 12 months following a member’s marriage if the spouse is named as beneficiary. The election shall become effective on the date specified on the election, provided that this date is not earlier than the day following receipt of the election in this system pursuant to this section. (c) A member who married prior to or after January 1, 1988, who fails to elect within 12 months, shall retain the right to make an election under this section. However, the election shall become effective no earlier than 12 months after the date it is filed with the board, provided that neither the member nor the designated beneficiary die prior to the effective date of the election. (d) This section shall not be construed to mean that designation of a new beneficiary causes the selection of an optional settlement. An optional settlement shall be selected by a member in a writing filed by the member with the board. (e) This section shall apply to any member who retires on or after January 1, 2018. (Amended by Stats. 2019, Ch. 330, Sec. 16. (SB 782) Effective January 1, 2020.)
  89. 21483.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 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 7. Optional Settlements On and After January 1, 2018 [21470 - 21483] ( Article 7 added by Stats. 2016, Ch. 199, Sec. 22. )

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    Certain eligible members may elect Optional Settlement 5, which allows a partial lump-sum payment and payment of the rest under another settlement 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 13. Retirement Benefits [21250 - 21483] ( Chapter 13 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 7. Optional Settlements On and After January 1, 2018 [21470 - 21483] ( Article 7 added by Stats. 2016, Ch. 199, Sec. 22. ) ## 21483. (a) Optional settlement 5 consists of a partial distribution of the actuarial present value of the portion, as specified in this section, of the member’s unmodified monthly allowance, as prescribed in Section 21362, 21362.2, 21363, 21363.1, 21363.4, or 21423, when a service retirement allowance is payable. The actuarial present value shall be based upon the investment return and postretirement mortality assumptions adopted by the board for that purpose. The member may elect to receive the actuarial present value of no less than 20 percent and no more than 50 percent of his or her unmodified allowance. The member may elect to receive the remaining portion of the unmodified allowance, not distributed as a lump-sum payment, under one of the settlements specified in this article for the remainder of his or her lifetime and thereafter to his or her designated beneficiary, unless this amount is solely limited to the survivor continuance portion. The portion of the unmodified allowance equivalent to the survivor continuance pursuant to Section 21624 may not be distributed as a lump-sum payment. The benefits provided under this section may not exceed the benefits that would have otherwise been provided under any other section in this article. (b) This section shall only apply to the following members who retire on or after January 1, 2018: (1) State peace officer/firefighter members in State Bargaining Unit 6. (2) State peace officer/firefighter members in State Bargaining Unit 8 and state patrol members in State Bargaining Unit 5, if a memorandum of understanding has been agreed upon by the state and the recognized employee organization to become subject to this section. (3) State peace officer/firefighter members and state patrol members in supervisory and confidential positions related to the members described in paragraph (1) or (2), if the Department of Human Resources has approved their inclusion. (Added by Stats. 2016, Ch. 199, Sec. 22. (AB 2404) Effective January 1, 2017.)
  90. 21490.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [21490 - 21510] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A member may designate a beneficiary by filing a writing with the board, but certain designations are barred if they would violate a nonmember spouse’s community property share or the rights of unmarried dependent children under 18.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [21490 - 21510] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21490. (a) Except as provided in subdivision (b), a member may at any time, including, but not limited to, at any time after reaching retirement age, designate a beneficiary to receive the benefits as may be payable to his or her beneficiary or estate under this part, by a writing filed with the board. (b) (1) No designation may be made in derogation of the community property share of any nonmember spouse when any benefit is derived, in whole or in part, from community property contributions or service credited during the period of marriage, unless the nonmember spouse has previously obtained an alternative order for division pursuant to Section 2610 of the Family Code. (2) No designation may be made by an unmarried member who has attained the minimum age for voluntary service retirement applicable to the member in his or her last employment preceding death if that designation is in derogation of the rights of the member’s unmarried, dependent children who are under the age of 18 years at the time of the member’s death. (c) The designation, subject to conditions imposed by board rule, may be by class, in which case the members of the class at the time of the member’s death shall be entitled as beneficiaries. The designation shall also be subject to the board’s conclusive determination, upon evidence satisfactory to it, of the existence, identity or other facts relating to entitlement of any person designated as beneficiary, and payment made by this system in reliance on any determination made in good faith, notwithstanding that it may not have discovered a beneficiary otherwise entitled to share in the benefit, shall constitute a complete discharge and release of this system for further liability for the benefit. (Amended by Stats. 2000, Ch. 1002, Sec. 7. Effective January 1, 2001.)
  91. 21491.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [21490 - 21510] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A survivor receiving a monthly allowance may name a beneficiary, but the designation must be filed in writing with the board to be effective. The survivor may revoke the designation at any time.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [21490 - 21510] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21491. A person who is entitled to receive a monthly allowance as a survivor of a deceased person may designate a beneficiary to receive the pro rata allowance payable following his or her death. The beneficiary designation shall be filed by the survivor with the board in writing in order to be effective, and the designation shall be subject to all laws applicable to designations of beneficiaries. A survivor may revoke his or her beneficiary designation at any time. A beneficiary designation by a survivor shall not be subject to the automatic revocation of designation provisions of Section 21492. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  92. 21492.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [21490 - 21510] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section says when a beneficiary designation becomes irrevocable, when it can be revoked, what events automatically revoke it, and how a member may name a new beneficiary after revocation.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [21490 - 21510] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21492. The designation of a beneficiary under the optional settlements in Sections 21456, 21457, 21459, 21475, 21475.5, 21476, 21476.5, and 21477, and in Section 21458, if a benefit involving the life contingency of the beneficiary is provided, is irrevocable from the time of the first payment on account of any retirement allowance. Otherwise a designation of beneficiary under this system is revocable at the pleasure of the member who made it. A member’s marriage, dissolution of marriage, annulment of his or her marriage, the birth of his or her child, or his or her adoption of a child shall constitute an automatic revocation of his or her previous revocable designation of beneficiary. A member’s termination of employment and withdrawal of contributions shall constitute an automatic revocation of the previous revocable designation of beneficiary. Subsequent reemployment or reinstatement from retirement to employment covered by this system shall not reinstate the previous designation of beneficiary. Upon revocation of any beneficiary designation, a member may designate the same or another beneficiary by a writing filed with the board, except as otherwise provided in Section 21490. (Amended by Stats. 2016, Ch. 199, Sec. 23. (AB 2404) Effective January 1, 2017.)
  93. 21493.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [21490 - 21510] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    If there is no beneficiary designation, the benefit must be paid to survivors in a set order; if there are none, it goes to the estate, trust, or next of kin depending on the remaining 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 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [21490 - 21510] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21493. (a) If a person had no beneficiary designation in effect on the date of death, any benefit payable shall be paid to the survivors of the person in the following order: (1) The decedent’s spouse. (2) The decedent’s natural or adopted children, including a natural child adopted by another who meets the following criteria: (A) The natural parent and adopted child lived together at any time as parent and child or the natural parent was married to or was cohabiting with the other natural parent at the time the child was conceived and died before the birth of the child; and (B) The child was adopted by the spouse of either of the natural parents or after the death of either of the natural parents or the child is a natural child adopted by another as that phrase is defined or construed by the Probate Code. (3) The decedent’s parents. (4) The decedent’s brothers and sisters. (b) If a deceased person had no effective beneficiary designation and there are no survivors in the groups specified in subdivision (a) who are entitled to the benefit under this section, the benefit shall be paid to the estate of the decedent, if the estate is either probated or subject to probate. Any benefit payable by this system may be paid either to the estate or to the duly authorized representative or representatives of the estate upon receipt by this system of a court order appointing an executor, administrator, or personal representative, or, in the case of an estate with a total value not exceeding the amount prescribed in paragraph (2) of subdivision (a) of Section 7660 of the Probate Code, to a public administrator upon receipt by this system of a written certification of authority for summary administration from that public administrator. (c) If there are no survivors in the groups specified in subdivision (a) and the estate of the person described in subdivision (b) does not require probate, irrespective of whether probate is filed, the benefit shall be paid directly to the decedent’s trust. (d) If there are no survivors in the groups specified in subdivision (a) and the estate of the person described by subdivision (b) does not require probate, irrespective of whether probate is filed, and the decedent has not established a trust as described by subdivision (c), the benefit shall be paid directly to the surviving next of kin in the following order: (1) Stepchildren. (2) Grandchildren, including stepgrandchildren. (3) Nieces and nephews. (4) Great grandchildren. (5) Cousins. (e) For purposes of determining the application of subdivisions (b), (c), and (d), the amount of the benefit payable from this system shall not be included in calculating the worth of the estate. (f) For purposes of this section, the term “stepchild” shall mean a person who had a regular parent-child relationship with the deceased person. (Amended by Stats. 2011, Ch. 440, Sec. 12. (AB 1028) Effective January 1, 2012.)
  94. 21494.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [21490 - 21510] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section tells the retirement system how to pay death benefits when the decedent’s estate is named as beneficiary, including when probate is required and when payment may go to a will beneficiary, trust successor trustee, public administrator, or next of kin.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [21490 - 21510] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21494. If, upon the death of a person there is a valid beneficiary designation on file with the board naming the decedent’s estate as beneficiary, and the estate will be probated, benefits shall be paid to the estate or to the duly authorized representative or representatives of the estate upon receipt by this system of a court order appointing an executor, administrator, or personal representative, or in the case of an estate with a total value not exceeding the amount prescribed in paragraph (2) of subdivision (a) of Section 7660 of the Probate Code, to a public administrator upon receipt by this system of a written certification of authority for summary administration from that public administrator. If the deceased person had a will, but the estate does not require probate, benefits may, in the judgment of the board, be paid to the beneficiary or beneficiaries, as specified in the will, notwithstanding any other provision of law. If the deceased person left no will but had a trust, but the estate does not require probate, benefits may, in the judgment of the board, be paid to the successor trustee as named in the trust. If the deceased person left no will or trust and the estate does not require probate, but the decedent designated his or her estate as the beneficiary, the benefit shall be paid to the next of kin pursuant to Section 21493. (Amended by Stats. 2011, Ch. 440, Sec. 13. (AB 1028) Effective January 1, 2012.)
  95. 21495.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [21490 - 21510] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Benefit payments may not be made to lower-ranking beneficiaries when eligible living recipients in a higher-ranking class exist.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [21490 - 21510] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21495. (a) Payment of any benefit shall not be made to those persons covered by Section 21493 if there are eligible recipients who are living members of a higher ranking class of beneficiaries as set forth in that section. (b) Payments made pursuant to Section 21493, 21494, or 21506, upon the board’s good faith determination of entitlement based on satisfactory evidence of entitlement, shall constitute a complete discharge and release of this system from liability for those payments. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  96. 21496.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [21490 - 21510] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The board must base its good-faith payment entitlement decision on specified evidence, and may accept a sworn statement when that evidence is unavailable.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [21490 - 21510] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21496. The board’s good faith determination of entitlement to payment pursuant to Section 21493, 21494, or 21506 shall be based upon such evidence as a death certificate, marriage certificate, or birth certificate for persons in a higher ranking group of statutory beneficiaries. However, where the evidence is not available, the board may accept a sworn statement by one claiming to be a beneficiary that there are no living individuals in any of the higher ranking groups of statutory beneficiaries, that the estate does not require probate, or that the relationship of the claimant to the decedent is as claimed. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  97. 21497.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [21490 - 21510] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )

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    The board must limit beneficiaries and choose recipients by the order claims are filed when benefit amounts would otherwise fall below the board-set 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 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [21490 - 21510] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21497. If the total value of the benefit to be paid pursuant to Section 21493, 21494, or 21506 is less than an amount determined by the board, the benefit may be paid to the first member of the entitled class of beneficiaries who files a claim. If the total value of the benefit pursuant to any of these sections exceeds the amount established by the board but the number of qualifying beneficiaries under these sections is such that any individual benefit will be less than the amount established by the board, the board shall limit the number of beneficiaries so that no individual’s benefit will be less than the amount established by the board. The board shall determine the recipients on the basis of the order in which claims are made. (Amended by Stats. 1999, Ch. 785, Sec. 13. Effective January 1, 2000.)
  98. 21498.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [21490 - 21510] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The board may set a reasonable time for filing certain benefit claims, and anyone given a claim form must get the same filing time as other claimants.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [21490 - 21510] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21498. The board may fix such time as it deems reasonable during which claims for benefits pursuant to Sections 21493, 21494, and 21506 may be made. Anyone who is provided a claim form shall be given the same amount of time in which to file it as any other claimant. The board shall have no duty to identify or locate any member of any class of beneficiaries. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  99. 21499.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [21490 - 21510] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The system must authorize certain death-benefit payments to the Controller within 45 days after it receives all required information, if the payment is $10 or more. Late payments must also include interest at the constitutional default interest rate.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [21490 - 21510] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21499. (a) Notwithstanding Section 21498, when either an initial payment of a preretirement or postretirement death allowance or a preretirement or postretirement lump-sum benefit is payable in an amount of ten dollars ($10) or more, it shall be authorized to the Controller within 45 days of receipt by this system of all the necessary information, including the return of warrants issued or any overpayment outstanding after the date of the death of the annuitant. (b) If any payment is not made within that time limitation, the payment shall also include interest at the default interest rate established in Section 1 of Article XV of the California Constitution for time following the expiration of that time limitation. (Amended by Stats. 2016, Ch. 415, Sec. 30. (AB 2375) Effective January 1, 2017.)
  100. 21499.1.

    ## 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 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [21490 - 21510] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The system must deduct post-death overpayments from later death-related payments or 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 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [21490 - 21510] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21499.1. Any overpayment, issued after the date of death to a member, retired member, or beneficiary, made to or on behalf of any member, retired member, or beneficiary, including, but not limited to, contributions, interest, retirement allowance, payments of any kind, or federal or state tax, shall be deducted from any subsequent payment or benefit that is payable by this system as a result of the death. (Added by Stats. 2021, Ch. 186, Sec. 10. (SB 634) Effective January 1, 2022.)
  101. 21500.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [21490 - 21510] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Unclaimed retirement benefits or certain canceled warrants must be held or redeposited, and unclaimed proceeds later move to a reserve; the board may return them if proper information is provided.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [21490 - 21510] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21500. (a) Whenever a person entitled to payment of a member’s accumulated contributions or any other benefit fails to claim the payment or cannot be located or a warrant in payment is canceled pursuant to Section 17070, the amount owed from the retirement fund shall be administered in accordance with subdivision (c). (b) Whenever the amount of a benefit payable by this system cannot be determined because the recipient cannot be identified or information necessary to determination of the benefit to be paid cannot be ascertained, the accumulated contributions of the member on whose account the benefit is payable shall be administered in accordance with subdivision (c). (c) Notwithstanding any provision of law to the contrary, the amounts described in subdivisions (a) and (b) shall be held, or if a warrant has been drawn the warrant shall be redeposited in the retirement fund and held for the claimant without further accumulation of interest, and the redeposit shall not operate to reinstate the membership of the person with respect to whose membership the refund or benefit was payable in this system. If the proceeds are not claimed within four years after the date of redeposit, they shall revert to and become a part of the reserve established pursuant to Section 20174. Transfer to this reserve shall be made as of the June 30th next following the expiration of the four-year period. The board may at any time after transfer of proceeds to the described reserve upon receipt of proper information satisfactory to it, return the proceeds so held in reserve to the credit of the claimant, to be administered in the manner provided under this system. (d) For lump-sum death benefits administered in accordance with subdivision (c), where this system has made a diligent effort to identify or locate the person entitled to payment and that person cannot be found, payment may be made to the next entitled beneficiary or beneficiaries, upon receipt of valid claims, if two years have passed since the date of death. Payment made by this system in good faith and in reliance on those claims, notwithstanding that it may fail to discover a person otherwise entitled to share in the benefits, shall constitute a complete discharge and release of this system for further liability for the benefits. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  102. 21501.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [21490 - 21510] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A parent with custody of eligible surviving children does not have to become their guardian to receive the children’s benefits on their behalf.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [21490 - 21510] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21501. Notwithstanding any other provision of law, a parent having custody of surviving children eligible to receive an allowance or a lump-sum payment payable under this part shall not be required to become the guardian of those children in order to be paid, on behalf of their children, the benefits prescribed for those children. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  103. 21502.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [21490 - 21510] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    If a minor beneficiary has no estate guardian, the board may pay the benefit to the minor’s custodian or to probate court under stated limits and filings, and the recipient must later account to the minor.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [21490 - 21510] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21502. If any person entitled to a benefit from this system is a minor who has no guardian of the estate, the board, if within the limits as to amount of payment and value of the minor’s estate specified as of the time of payment under the provisions of the Probate Code authorizing payment to a parent of a minor entitled to the minor’s custody, may pay it to the person entitled to custody of the minor to hold for the minor, if the person files with the board a verified statement that the total estate of the minor does not exceed the value so specified or, if in excess of those limits, may pay it to the probate court, and the court may order that the money be deposited in a bank or banks, or a trust company or companies, or invested in an account or accounts in an insured savings and loan association or associations, subject to withdrawal only on order of the probate court, or it may require a guardian of the estate to be appointed and the money paid to the guardian, or prescribe other conditions as the court in its discretion deems to be in the best interest of the minor. Payment so made is a full discharge of the board and this system. The person shall account to the minor for the money when the minor reaches the age of majority. The term “account in an insured savings and loan association” used in this section has the same meaning as in Section 23 of the Probate Code. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  104. 21503.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [21490 - 21510] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The board may choose an optional retirement settlement for a surviving spouse in qualifying 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 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [21490 - 21510] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21503. The board may select an optional settlement under Article 6 (commencing with Section 21450) or Article 7 (commencing with Section 21470) of Chapter 13, as applicable, on behalf of the surviving spouse of a member who applied for retirement but who died prior to the mailing of a retirement allowance warrant and prior to an election in accordance with that article if all of the following conditions are met: (a) The application for retirement was received by this system, prior to the date of death. (b) The document containing the application for retirement received by this system did not provide for a temporary election of the optional settlement in Sections 21456 and 21459, or in Section 21475. (c) The deceased member had separated from state service at least one day prior to the effective date of retirement. (d) The deceased member was alive on the effective date of retirement. (e) The beneficiary designated on the application for retirement is the surviving spouse who requests in writing that the board make the selection. Upon formal action by the board approving the request, the request shall become irrevocable. A retirement allowance provided in accordance with this section shall be calculated as if the member had elected Sections 21456 and 21459 if his or her retirement date is on or before December 31, 2017, or Section 21475 if his or her retirement date is on or after January 1, 2018. (Amended by Stats. 2016, Ch. 199, Sec. 24. (AB 2404) Effective January 1, 2017.)
  105. 21504.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [21490 - 21510] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section says certain surviving spouses or minor-child representatives may elect benefits in specified cases, but people other than the member generally cannot elect an optional settlement.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [21490 - 21510] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21504. If a member dies on or after the effective date of retirement and prior to the mailing of a retirement allowance warrant and if the member has elected the optional settlement in Section 21456, 21457, 21459, 21475, 21475.5, 21476, 21476.5, or 21477, or an optional settlement in Section 21458, involving payment of an allowance throughout the life of the beneficiary, or the member elected the unmodified allowance or the optional settlement in either Section 21455 or 21474 and if a partially continued retirement allowance under Sections 21624 through 21631, is payable, the death shall be considered to be death after retirement and the applicable benefits shall be payable. However, if the beneficiary designated on the election for retirement is either (1) the surviving unmarried minor child or children of the member and there is no surviving spouse eligible for a partially continued retirement allowance under Sections 21624 through 21631, or (2) the surviving spouse of the member, the surviving spouse so named or the legal representative of the minor child or children so named may elect to receive benefits that would have been payable had the death occurred under the conditions of Section 21530. Except as provided in Section 21503, nothing in this part permits a surviving spouse, surviving children, or any person other than a member to elect an optional settlement. (Amended by Stats. 2016, Ch. 199, Sec. 25. (AB 2404) Effective January 1, 2017.)
  106. 21505.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [21490 - 21510] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    If a service-retired member dies within 30 days after mandatory retirement and did not elect certain optional settlements, the death is treated as a pre-retirement death for benefit purposes.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [21490 - 21510] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21505. If a member who has been retired for service because he or she has attained the mandatory age of retirement applicable to members of his or her category dies within 30 days after the date upon which his or her retirement was mandatory, and without having elected the optional settlement in Section 21456, 21457, 21459, 21475, 21475.5, 21476, 21476.5, or 21477, or an optional settlement in Section 21458, involving payment of an allowance throughout the life of a beneficiary, and if no part of the allowance of the member is automatically continued by this part after his or her death, his or her death shall be considered as that of a member before retirement, and the basic death benefit shall be payable, or, if the circumstances are such that a special death benefit would be payable if the death had occurred prior to retirement, the special death benefit shall be payable. (Amended by Stats. 2016, Ch. 199, Sec. 26. (AB 2404) Effective January 1, 2017.)
  107. 21506.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [21490 - 21510] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    When certain unpaid retirement-related amounts are owed after a person’s death, this system must pay them in a specified order of recipients.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [21490 - 21510] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21506. Any monthly allowance payable to a person, that had accrued and remained unpaid at the time of his or her death, or any uncashed warrant issued prior to the date of death of the person that has been returned to this system, or any balance of prepaid complementary health premiums received pursuant to Section 21691 or prepaid complementary annuitant health plan premiums received pursuant to Section 22802, shall be paid in the following order: (a) In the event of the death of a retired person, to one of the following: (1) The beneficiary entitled to payment in accordance with an optional settlement chosen by the member. (2) The survivor entitled to payment of the survivor continuance benefit provided under Section 21624. (3) The beneficiary entitled to receive the lump-sum death benefit provided upon death of a retired person if the person had not chosen an optional settlement and there was no survivor who was entitled to receive the survivor continuance benefit. (b) In the event of the death of a person receiving a survivor benefit, that benefit shall be paid to the beneficiary designated by the survivor of a member under Section 21491. (c) If there is no beneficiary entitled to receive payment under either subdivision (a) or (b), the benefit shall be paid to either the estate of the deceased person or the duly authorized representative or representatives of the estate upon receipt by this system of a court order appointing an executor, administrator, personal representative, or, in the case of an estate with a total value not exceeding the amount prescribed in paragraph (2) of subdivision (a) of Section 7660 of the Probate Code, to a public administrator upon receipt by this system of a written certification of authority for summary administration from that public administrator. If the estate does not require probate and the deceased person had a trust, benefits may, in the judgment of the board, be paid to the successor trustee as named in the trust. (d) If there is no beneficiary entitled to receive payment of benefits under subdivision (a), (b), or (c), the benefits shall be paid to the surviving next of kin of the person pursuant to the order of distribution specified in Section 21493. (Amended by Stats. 2011, Ch. 440, Sec. 14. (AB 1028) Effective January 1, 2012.)
  108. 21507.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [21490 - 21510] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    If a beneficiary dies before a lump-sum benefit is paid, the system must pay it to the beneficiary’s estate, or in some cases may pay a representative, public administrator, or trustee, and otherwise must pay surviving next of kin.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [21490 - 21510] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21507. Any lump-sum benefit, or any uncashed lump-sum death benefit warrant, payable by this system to a beneficiary shall be paid to the estate of the beneficiary if he or she dies prior to payment of the benefit. The benefit may be paid to a representative of the deceased beneficiary’s estate, upon demonstration by court documents that the person is authorized to act in that capacity, or, in the case of an estate with a total value not exceeding the amount prescribed in paragraph (2) of subdivision (a) of Section 7660 of the Probate Code, to a public administrator upon receipt by this system of a written certification of authority for summary administration from that public administrator. If the estate does not require probate and the deceased beneficiary was the trustor of a trust, benefits may, in the judgment of the board, be paid to the trustee as named in the trust. If the estate is not probated, and the deceased beneficiary was not the trustor of a trust, benefits shall be paid to the deceased beneficiary’s surviving next of kin, in the order specified in Section 21493. (Amended by Stats. 2011, Ch. 440, Sec. 15. (AB 1028) Effective January 1, 2012.)
  109. 21508.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [21490 - 21510] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    If certain estate and beneficiary conditions are met, the board may pay body-disposition expenses, but only up to the amount otherwise payable to the estate or beneficiary.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [21490 - 21510] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21508. If any benefit is payable by this system to the estate of a deceased person, and the estate would not be probated if no amount were due from this system, but there is no surviving person in any of the groups specified in Section 21493 or 21494, or if no beneficiary can be found by the board, the board may in its discretion pay expenses of the disposition of the body as evidenced by itemized statements or documents the board may require. Payment may not exceed the amount payable under this system to the estate or beneficiary. Payment so made is a full discharge of the board and system for the amount so paid. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  110. 21509.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [21490 - 21510] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    When applicable, Probate Code Part 5 governs how money payable under this retirement system is distributed after death.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [21490 - 21510] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21509. The provisions of Part 5 (commencing with Section 220) of Division 2 of the Probate Code, when applicable, govern the distribution of money payable under this system, including but not limited to retirement allowance accrued but not received prior to death and refund of member contributions. In applying Part 5 (commencing with Section 220) of Division 2 of the Probate Code with respect to benefits payable to a beneficiary, membership in this system shall be considered as having the same status as an insurance policy issued after December 31, 1984. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  111. 21510.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [21490 - 21510] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Payments of benefits made by warrant after the recipient’s death must be refunded to the retirement system.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [21490 - 21510] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21510. Any payment of benefits by warrant issued after the date of death of the benefit recipient shall be refunded to the retirement system. (Added by Stats. 2004, Ch. 506, Sec. 3. Effective January 1, 2005.)
  112. 21530.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Preretirement Death Benefits [21530 - 21554] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The retirement system must pay either the basic/special death benefit or, in some cases, only a limited death benefit when a member dies under the listed 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 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Preretirement Death Benefits [21530 - 21554] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21530. (a) This system is liable for either the basic or special death benefit upon the death of a member in any of the following circumstances: (1) Before the effective date of retirement, and (A) while in state service, or (B) while absent on military service, provided the member has made contributions during the absence under Section 20991 or has had contributions made on his or her behalf under Section 20997, or (C) within four months after discontinuance of state service, or (D) while on an approved leave of absence, or (E) while physically or mentally incapacitated for the performance of duty, if the incapacity has been continuous from discontinuance of state service, or (F) while employed as a member of a county retirement system; provided, the employment resulting in membership was begun on or after October 1, 1957, and within 90 days after discontinuance of state service. (2) While in state service in partial service retirement pursuant to Article 1.7 (commencing with Section 19996.30) of Chapter 7 of Part 2.6 or Sections 21110 through 21115. (3) On or after the effective date of retirement and before the mailing of a retirement allowance warrant and either within four months of discontinuance of state service or while physically or mentally incapacitated for the performance of duty if the incapacity has been continuous from discontinuance of state service, and providing all of the following conditions exist: (A) The retirement of the member was not compulsory under Article 5 (commencing with Section 21130) of Chapter 12. (B) The member has not elected the optional settlement in Section 21456, 21457, 21459, 21475, 21475.5, 21476, 21476.5, or 21477, or an optional settlement in Section 21458, involving payment of an allowance throughout the life of a beneficiary. (C) A partially continued allowance under Sections 21624 through 21631, is not payable. (b) This system is liable for a limited death benefit, which consists only of the accumulated contributions of the member payable to his or her beneficiary or estate, under the following circumstances: (1) Upon the death of a member before the effective date of his or her retirement or, with respect to (A) any member whose retirement was not compulsory under Article 5 (commencing with Section 21130) of Chapter 12, and (B) any member who has not elected the optional settlement in Section 21456, 21457, 21459, 21475, 21475.5, 21476, 21476.5, or 21477, or an optional settlement in Section 21458 involving payment of an allowance throughout the life of a beneficiary, on or after that effective date and before the mailing of the first retirement allowance warrant. (2) Under those circumstances in which this system is not liable for either the basic or special death benefit provided in subdivision (a) of this section, and a partially continued allowance under Sections 21624 through 21631, is not payable. (Amended by Stats. 2016, Ch. 199, Sec. 27. (AB 2404) Effective January 1, 2017.)
  113. 21531.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Preretirement Death Benefits [21530 - 21554] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The basic and limited death benefits must be paid to the member’s designated beneficiary under 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 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Preretirement Death Benefits [21530 - 21554] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21531. The basic death benefit and the limited death benefit shall be paid as provided in this article to the beneficiary designated by the member under Section 21490 or 21492. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  114. 21532.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Preretirement Death Benefits [21530 - 21554] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The basic death benefit is payable when the retirement system is liable for a death benefit under Section 21530 and the special death benefit is not 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 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Preretirement Death Benefits [21530 - 21554] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21532. The basic death benefit is payable in all cases where the retirement system is liable under Section 21530 for either the basic or a special death benefit and the special death benefit is not payable. The basic death benefit shall consist of: (a) The accumulated contributions of the member. (b) If the member is not an insured member, or is an insured member eligible for service retirement or the member is subject to benefits pursuant to Section 21547, an amount, provided from contributions by the state, or a contracting agency, equal to one-twelfth of the annual compensation earnable by the deceased during the 12 months immediately preceding his or her death, or the compensation earnable by the member at the time of becoming eligible for benefits pursuant to Section 21160 if higher, multiplied by the number of completed years of current service credited to the member, but not to exceed one-half of the annual compensation. If the member is an insured member who is ineligible for service retirement and is also credited with service as a local member only that service shall be used in computing the amount under this subdivision and that amount shall not be a part of the basic death benefit payable with respect to the insured member. (c) If the member is a state member, other than a school member, who dies after becoming eligible for retirement with more than five but less than six years credited service, an amount equal to 50 percent of the annual compensation earnable by the deceased member during the 12 months immediately preceding his or her death. The basic death benefit for a member who dies under the circumstances described in subparagraph (F) of paragraph (1) of subdivision (a) of Section 21530 shall not exceed an amount that, when added to the death benefit paid for the member under the other system, equals the maximum death benefit payable under that system, if the death is not the result of injury or disease arising out of and in the course of his or her employment under that system. However, the benefit shall be at least equal to his or her accumulated contributions. The basic death benefit for the member shall be the amount of his or her accumulated contributions if death is the result of disease or injury arising out of and in the course of employment under the other system. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  115. 21533.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Preretirement Death Benefits [21530 - 21554] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    If a California State University academic employee dies while on paid leave, or within 12 months after paid leave, the death benefit is calculated using the member’s full compensation earnable when not on 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 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Preretirement Death Benefits [21530 - 21554] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21533. Notwithstanding Section 20636, if a member who is an academic employee of the California State University dies while on a leave with pay, or within 12 months following a leave with pay, during which the member received compensation in an amount less than the full compensation earnable by him or her when not on leave with pay, the benefit payable under subdivision (b) of Section 21532 shall be based on the full compensation earnable by the member when not on leave with pay. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  116. 21533.5.

    ## 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 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Preretirement Death Benefits [21530 - 21554] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    If a member dies while performing qualified military service, the survivors may be entitled to certain additional benefits, and the death is not treated as service-connected.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Preretirement Death Benefits [21530 - 21554] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21533.5. (a) To the extent required by Section 401(a) of Title 26 of the United States Code, if a member dies while performing qualified military services, the survivors of the member shall be entitled to any additional benefits, as determined under Section 401(a)(37) of Title 26 of the United States Code, that would have been provided under the system had the member resumed his or her prior employment with an employer that maintains the system and then terminated employment on account of death. Death of a member while performing qualified military service shall not be treated as a service-connected death or disability. Service for vesting shall be credited to a member affected by this section for the period of his or her qualified military service. (b) “Additional benefits” under this section shall not include benefit accruals relating to the period of qualified military service. (Added by Stats. 2011, Ch. 440, Sec. 16. (AB 1028) Effective January 1, 2012.)
  117. 21534.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Preretirement Death Benefits [21530 - 21554] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The system’s liability for preretirement death benefits applies to certain academic employees of the California State University who die while on, or within 12 months after, a leave with pay paid below full 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 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Preretirement Death Benefits [21530 - 21554] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21534. Liability imposed on this system with respect to the death of a member who is an academic employee of the California State University while on, or within 12 months following, a leave with pay during which the member received compensation in an amount less than the full compensation earnable by him or her when not on leave with pay shall extend to the death of the members occurring on or after January 1, 1973, and to any benefit for which there would have been liability with respect to the death had Section 21533 been effective on that date. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  118. 21535.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Preretirement Death Benefits [21530 - 21554] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    If the actuarial interest rate is above 6%, the member’s accumulated contributions are increased by a board-determined factor; if it is below 6%, no increase is allowed under this section.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Preretirement Death Benefits [21530 - 21554] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21535. Notwithstanding Section 20178, for member deaths occurring on or after January 1, 1994, if the actuarial interest rate exceeds 6 percent, the accumulated contributions of a member payable pursuant to subdivision (a) of Section 21532 shall be increased by a factor determined by the board that is based on the difference between the current actuarial interest rate defined in Section 20014 and the 6 percent interest crediting rate on member contributions. If the actuarial interest rate is less than 6 percent, no increase may be provided under this section. (Amended by Stats. 2003, Ch. 10, Sec. 30. Effective May 14, 2003.)
  119. 21536.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Preretirement Death Benefits [21530 - 21554] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    For certain local members, service with a discontinued local retirement system must be counted when calculating completed years of service for the basic death benefit. The section does not apply to contracting agency employees unless the agency opts in or its contract already makes them subject to it.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Preretirement Death Benefits [21530 - 21554] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21536. In the determination of the portion of the basic death benefit provided in subdivision (b) of Section 21532, for local members who were members of a local retirement system at the time of that system’s discontinuance wholly or in part as provided in Section 20483, service included in the calculation of the completed years of service shall not be limited to service under this system, but instead service rendered as members of the local system, shall also be included. This section shall not apply to employees of any contracting agency nor to any such agency unless and until the contracting agency elects to be subject to its provisions by amendment to its contract with the board, made as provided in Section 20474, or unless the agency’s contract with the board includes at its effective date, a provision making the agency and its employees subject to the provisions of this section. (Amended by Stats. 1996, Ch. 906, Sec. 189. Effective January 1, 1997.)
  120. 21537.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Preretirement Death Benefits [21530 - 21554] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section makes the special death benefit payable only in specified cases and lets the Workers’ Compensation Appeals Board decide disputed questions about whether the death was 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 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Preretirement Death Benefits [21530 - 21554] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21537. (a) The special death benefit is payable if the deceased was a patrol, state peace officer/firefighter, state safety, state industrial, or local safety member, if his or her death was industrial and if there is a survivor who qualifies under subdivision (b) of Section 21541. The Workers’ Compensation Appeals Board, using the same procedures as in workers’ compensation hearings, shall in disputed cases determine whether the death of a member was industrial. (b) 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. (c) This section does not apply to state safety members described in Section 20401.5 or local safety members described in Section 20423.6. (d) (1) For purposes of this section, the special death benefit is payable as of the effective date of the industrial disability retirement of the member if the death of the member occurred from a single event injury arising out of and in the course of his or her official duties which, based on competent medical opinion, rendered the member into a persistent vegetative state devoid of cognitive function at the time of injury until the time of death. (2) This subdivision applies only to a member who retired and then died on or after July 3, 2006. (Amended by Stats. 2008, Ch. 74, Sec. 1. Effective January 1, 2009.)
  121. 21537.5.

    ## 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 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Preretirement Death Benefits [21530 - 21554] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A special death benefit is payable only if the deceased met the listed employment and injury conditions, and disputed causation is decided by the Workers’ Compensation Appeals 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 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Preretirement Death Benefits [21530 - 21554] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21537.5. (a) The special death benefit is payable if the deceased was a state miscellaneous member in State Bargaining Unit 12 employed by the Department of Transportation, if his or her death occurred as a direct result of injury arising out of and in the course of his or her official duties with the department working on the California highway system performing highway maintenance, and if there is a survivor who qualifies under subdivision (b) of Section 21541. The Workers’ Compensation Appeals Board, using the same procedures as in workers’ compensation hearings, shall in disputed cases determine whether the death of the member occurred as a result of that injury. (b) The jurisdiction of the Workers’ Compensation Appeals Board shall be limited solely to the issue of industrial causation, and this section may 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. (c) This section shall not become operative unless and until a memorandum of understanding has been agreed to by the state employer and the recognized employee organization making this section applicable to those members described in subdivision (a). (Amended by Stats. 2006, Ch. 210, Sec. 6. Effective September 6, 2006.)
  122. 21538.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Preretirement Death Benefits [21530 - 21554] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section makes a special death benefit payable in certain cases involving a state member who died from an injury or disease arising from official duties in a state prison or Department of Corrections facility.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Preretirement Death Benefits [21530 - 21554] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21538. The special death benefit is also payable if the deceased was a state member appointed by the Governor, the Director of Corrections, or the Board of Prison Terms, if his or her death occurred as a result of injury or disease arising out of and in the course of his or her official duties within a state prison or facility of the Department of Corrections, and if there is a survivor who qualifies under subdivision (b) of Section 21541. The Workers’ Compensation Appeals Board, using the same procedure as in workers’ compensation hearings, shall in disputed cases determine whether the death of the member occurred as a result of the injury or disease. 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 or 5811 or any other provision of the Labor Code. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  123. 21539.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Preretirement Death Benefits [21530 - 21554] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A qualifying special death benefit must be continued under the older rules that applied before March 7, 1973.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Preretirement Death Benefits [21530 - 21554] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21539. The special death benefit payable with respect to a member who at death prior to March 7, 1973, was a warden, forestry, harbor police, or law enforcement member shall be continued in accordance with the provisions of this part as they read and applied to that benefit on the day preceding that date. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  124. 21540.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Preretirement Death Benefits [21530 - 21554] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The special death benefit is payable only in specified official-duty death cases, and the Workers’ Compensation Appeals Board decides disputed causation questions. A natural parent does not have to become a guardian to receive the children’s 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 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Preretirement Death Benefits [21530 - 21554] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21540. The special death benefit is also payable if the deceased was the Secretary of the Youth and Adult Corrections Agency, or was a state member appointed by the Secretary of the Youth and Adult Corrections Agency, the Department of the Youth Authority, the Superintendent of the California Institution for Women, or the Women’s Board of Terms and Paroles, the Board of Corrections, or was a member of the Board of Corrections or the Department of the Youth Authority not already classified as a prison member, provided that his or her death occurred as a result of misconduct of an inmate of a state prison, correctional school, or facility of the Department of Corrections or the Department of the Youth Authority, or a parolee therefrom. The special death benefit provided by this section is not payable unless the death of the member arose out of and was in the course of his or her official duties and unless there is a survivor who qualifies under subdivision (b) of Section 21541. The Workers’ Compensation Appeals Board, using the same procedure as in workers’ compensation hearings, shall, in disputed cases, determine whether the member’s death arose out of and in the course of his or her official duties. A natural parent of surviving children eligible to receive an allowance payable under this section shall not be required to become the guardian of surviving unmarried children under 18 years of age in order to be paid the benefits prescribed for those children. 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 or 5811 or any other provision of the Labor Code. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  125. 21540.5.

    ## 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 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Preretirement Death Benefits [21530 - 21554] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A special death benefit is payable in certain violent-duty-death cases, with limited Board jurisdiction over disputed causation and an exception for contracting agencies unless they elect coverage.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Preretirement Death Benefits [21530 - 21554] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21540.5. (a) The special death benefit is also payable if the deceased was a state, school, or local miscellaneous member, a local safety member described in Section 20423.6, or a state safety member described in Section 20401.5, if the death of the member was a direct consequence of a violent act perpetrated on his or her person that arose out of and was in the course of his or her official duties and there is a survivor who qualifies under paragraph (2) of subdivision (a) of Section 21541. The Workers’ Compensation Appeals Board, using the same procedure as in workers’ compensation hearings, shall, in disputed cases determine whether the member’s death was a direct consequence of a violent act perpetrated on his or her person that arose out of and in the course of his or her official duties. (b) A natural parent of surviving children eligible to receive an allowance payable under this section is not required to become the guardian of surviving unmarried children under 18 years of age in order to be paid the benefits prescribed for those children. (c) The jurisdiction of the Workers’ Compensation Appeals Board shall be limited solely to the issue of industrial causation, and this section may not be construed to authorize the Workers’ Compensation Appeals Board to award costs against this system pursuant to Section 4600 or 5811 or any other provision of the Labor Code. (d) This section does not apply to a contracting agency nor its employees unless and until the 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. (Amended by Stats. 2005, Ch. 328, Sec. 16. Effective January 1, 2006.)
  126. 21541.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Preretirement Death Benefits [21530 - 21554] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section sets the special death benefit rules, including who gets paid, how much, and when the employer must report salary rates.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Preretirement Death Benefits [21530 - 21554] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21541. (a) The special death benefit consists of the following: (1) An amount equal to and derived from the same source as the basic death benefit exclusive of the contributions from which the annuity provided under paragraph (4) is paid. (2) An amount sufficient, when added to the amount provided under paragraph (1), to provide, when applied according to tables adopted by the board, a monthly death allowance equal to one-half of the member’s final compensation in the membership category applicable to them at the time of the injury, or the onset of the disease, causing death, as adjusted pursuant to subdivision (b), which amount shall be payable to the surviving spouse to whom the member was married either continuously for at least one year before death, or before sustaining the injury or disease resulting in death, as long as the surviving spouse lives; or, if there is no surviving spouse or if the spouse dies before all children of the deceased member attain 22 years of age, to the member’s children under 22 years of age collectively until every child shall have died, married, or attained 22 years of age. However, no child shall receive any part of the allowance after marrying or attaining 22 years of age. The increases described in this section shall only apply to spouses of deceased members who would have been less than 50 years of age, if still living on January 1, 2001. (3) (A) An additional percentage of the death benefit allowed by this section, exclusive of the annuity under paragraph (4), shall be paid to the spouse of a member who is killed in the performance of their duty or who dies as a result of an accident or an injury caused by external violence or physical force, incurred in the performance of their duty, for each of the member’s children during the lifetime of the child, or until the child marries or reaches 22 years of age, as follows: for one child, 25 percent; for two children, 40 percent; and for three or more children, 50 percent. (B) Notwithstanding Section 7522.44, upon the death of a member on or after January 1, 2013, if the member does not have a surviving spouse, but the provisions of subparagraph (A) otherwise apply to the member, or if the surviving spouse dies before every child of the member has died, married, or reached 22 years of age, the additional benefit described by subparagraph (A) shall be paid to the person having custody of the member’s child or children. (4) An annuity that is the actuarial equivalent, assuming monthly payments for life to the surviving spouse, of the deceased’s accumulated additional contributions at the date of their death, plus their accumulated contributions at that date based on compensation earned in any membership category other than the category applicable to them at the time of the injury or the onset of the disease causing death. (b) For purposes of this section only, the deceased member’s final compensation shall be deemed to increase, and the death benefit under paragraph (2) of subdivision (a) shall be increased correspondingly, at any time and to the extent the compensation is increased for then-active members employed in the job classification and membership category that was applicable to the deceased member at the time of the injury, or the onset of the disease, causing death. The deceased member’s final compensation shall be deemed to be subject to further increases hereunder only until the earlier of (1) the death of the surviving spouse or (2) the date that the deceased member would have attained the age of 50 years. (c) Monthly allowances shall be adjusted annually for time commencing on the first day of September and effective with the monthly allowance regularly payable on the first day of the October beginning with October 1, 2001. The employer of the deceased member shall be responsible for reporting and certifying top range salary rates by the first day of July, beginning with July 1, 2001. (d) If the surviving spouse does not have custody of the member’s children, the additional amount payable pursuant to this section shall be payable to the person having custody of the children for each child during the lifetime of the child, or until the child marries or reaches 22 years of age. (e) The computation for time before entering the membership category applicable to the deceased at the time of the injury, or the onset of the disease, causing death shall be based on the compensation earnable by the member in the position first held by them in that category. (f) For purposes of this section: (1) “Child” means a natural or adopted child of the deceased member, or a stepchild living or domiciled with the deceased member at the time of their death. (2) “Spouse” means a wife or husband. (g) This section shall apply to all contracting agencies and to the employees of all contracting agencies. (h) For purposes of Section 21313, 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 the adjustment. (i) The amount of the death benefit payable pursuant to this section on and after January 1, 2001, with respect to any member who died before that date, shall be recalculated on and after that date pursuant to subdivision (b). (Repealed and added by Stats. 2022, Ch. 219, Sec. 2. (SB 850) Effective January 1, 2023.)
  127. 21541.5.

    ## 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 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Preretirement Death Benefits [21530 - 21554] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Some adopted children get restored benefits under Section 21541, including a lump-sum payment and, if eligible on January 1, 2001, ongoing benefits from that 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 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Preretirement Death Benefits [21530 - 21554] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21541.5. Any child whose benefits under Section 21541 were terminated upon his or her adoption, pursuant to that section as it read prior to January 1, 2001, shall have those benefits restored as follows: (a) The child shall receive a lump-sum payment in the amount that would have paid, if he or she had not been adopted, from the date of adoption to the earlier of (1) the date his or her eligibility for benefits under Section 21541 would have otherwise terminated had he or she not been adopted or (2) January 1, 2001. (b) If on January 1, 2001, the child is eligible for benefits under Section 21541, he or she shall receive benefits from and after that date pursuant to Section 21541. (Added by Stats. 2000, Ch. 1031, Sec. 2. Effective January 1, 2001.)
  128. 21542.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Preretirement Death Benefits [21530 - 21554] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The special death benefit starts accruing the day after the member dies and is paid monthly to the surviving spouse and children. Before the first payment, the surviving spouse or a guardian for minor children may choose the basic death benefit instead, but that election is irrevocable.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Preretirement Death Benefits [21530 - 21554] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21542. The special death benefit shall begin to accrue on the day next following the date of the member’s death, and shall be paid in monthly installments to the surviving spouse and children as prescribed in Section 21541. The surviving spouse or the guardian of the minor child or children entitled to the special death benefit may elect, before the first payment, to receive the basic death benefit in lieu of the special death benefit. The election precludes a claim to benefits under Section 4707 of the Labor Code as the special death benefit is deemed payable by this system and is irrevocable. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  129. 21543.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Preretirement Death Benefits [21530 - 21554] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    If the special death benefit stops before reaching the basic death benefit, a lump sum for the shortfall must be paid to the deceased member’s surviving children, or to the estate if there are no children.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Preretirement Death Benefits [21530 - 21554] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21543. If payment of the special death benefit is stopped because of death of the surviving spouse or death, marriage, or attainment of the age of 22 years by a child before the sum of the monthly payment made, exclusive of the annuity derived from the accumulated additional contribution of the deceased, equals the basic death benefit, a lump sum equal to the difference shall be paid to the surviving children of the deceased member, share and share alike, or if there are no children, to the estate of the person last entitled to the allowance. In that event, the accumulated additional contributions of the deceased, as they were at his or her death, less the annuity paid as derived from those contributions, and plus interest credited to the accumulated additional contributions, shall be paid in the manner provided in this article for the payments of amounts due in the absence of a designated beneficiary. (Amended by Stats. 2004, Ch. 231, Sec. 9. Effective January 1, 2005.)
  130. 21544.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Preretirement Death Benefits [21530 - 21554] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    When notice of a potentially payable special death benefit is received and a qualifying survivor exists, the board must decide whether the death was industrial and temporarily pay the special death benefits while that issue is pending.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Preretirement Death Benefits [21530 - 21554] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21544. Upon notice of a death as a result of which the special death benefit may be payable, and when there is a survivor who would qualify under subdivision (b) of Section 21541, the board, or in disputed cases, the Workers’ Compensation Appeals Board, shall determine whether the death was industrial, and pending final determination of the issue, the board shall temporarily pay special death benefits. The temporary payments shall be deducted from any other death benefits otherwise payable if the death is determined not to be industrial. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  131. 21546.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Preretirement Death Benefits [21530 - 21554] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section pays a monthly survivor allowance after a member’s death, usually to a surviving spouse or eligible children, subject to age, marital-status, and benefit-election 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 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Preretirement Death Benefits [21530 - 21554] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21546. (a) Upon the death of a member who has attained the minimum age for voluntary service retirement applicable to the member in his or her last employment preceding death, and who is eligible to retire and in circumstances in which the basic death benefit is payable other than solely that of membership in a county retirement system, or a retirement system maintained by the university, a monthly allowance shall be payable as follows: (1) To the member’s surviving spouse as long as the spouse lives. (2) To the children under the age of 18 years collectively if there is no surviving spouse or if the surviving spouse dies before all children of the deceased member attain the age of 18 years, until every child dies or attains the age of 18 years. No child shall receive any allowance after marrying or attaining the age of 18 years. (b) The monthly allowance under this section shall be equal to one-half of, and derived from the same source as, the unmodified retirement allowance the member would have been entitled to receive if he or she had retired for service on the date of death. If, however, the member made a specific beneficiary designation under Section 21490, the monthly allowance shall be equal to one-half of that portion of the member’s unmodified retirement allowance that would have been derived from the nonmember spouse’s community property interest in the member’s contributions and service credit. (c) If a member does not have a surviving spouse nor any children under the age of 18 years at the time of death, no allowance shall be payable under this section. (d) No allowance shall be payable under this section if a special death benefit is payable. (e) (1) The allowance provided by this section shall be paid in lieu of the basic death benefit but a surviving spouse qualifying for the allowance may elect, before the first payment on account of it, to receive the basic death benefit in lieu of the allowance. (2) The allowance provided by this section shall be paid in lieu of the basic death benefit but the guardian of the minor child or children qualifying for the allowance may elect, before the first payment on account of it, to receive the basic death benefit in lieu of the allowance. If an election of the basic death benefit is made, the basic death benefit shall be paid to all the member’s surviving children, regardless of age or marital status, in equal shares. (f) If the total of the payments made pursuant to this section are less than the basic death benefit that was otherwise payable on account of the member’s death, the amount of the basic death benefit less any payments made pursuant to this section shall be paid in a lump sum to the surviving children of the member, share and share alike, or if there are no children, to the estate of the person last entitled to the allowance. (g) The board shall compute the amount by which benefits paid pursuant to this section exceed the benefits that would otherwise be payable and shall charge any excess against the contributions of the state so that there shall be no increase in contributions of members by reason of benefits paid pursuant to this section. (h) As used in this section, “a surviving spouse” means a spouse who was either married to the member for at least one year prior to the member’s death, or was married to the member prior to the occurrence of the injury or the onset of the illness that resulted in death, and “child” includes a posthumously born child of the member. (i) On and after April 1, 1972, this section shall apply to all contracting agencies and to the employees of those agencies with respect to deaths occurring after April 1, 1972, whether or not the agencies have previously elected to be subject to this section. (Amended by Stats. 2000, Ch. 1002, Sec. 8. Effective January 1, 2001.)
  132. 21547.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Preretirement Death Benefits [21530 - 21554] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    If a state member dies after January 1, 1993 with 20+ years of state service, a surviving spouse or, if there is none, eligible children may receive a monthly allowance instead of the basic death benefit.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Preretirement Death Benefits [21530 - 21554] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21547. (a) Notwithstanding any other provision of this article requiring attainment of the minimum age for voluntary service retirement to the member in his or her last employment preceding death, upon the death of a state member on or after January 1, 1993, who is credited with 20 years or more of state service, the surviving spouse, or eligible children if there is no surviving spouse, may receive a monthly allowance in lieu of the basic death benefit. The board shall notify the eligible survivor, as defined in Section 21546, of this alternate death benefit. The board shall calculate the monthly allowance that shall be payable as follows: (1) To the member’s surviving spouse, an amount equal to the amount the member would have received if the member had retired for service at minimum retirement age on the date of death and had elected the optional settlement in Section 21456 and Section 21459. (2) If the member made a specific beneficiary designation under Section 21490, the monthly allowance shall be based only on that portion of the amount the member would have received described in paragraph (1) that would have been derived from the nonmember spouse’s community property interest in the member’s contributions and service credit. (3) If there is no surviving spouse or the spouse dies before all of the children of the deceased member attain the age of 18 years, to the surviving children, under the age of 18 years, collectively, an amount equal to one-half of, and derived from the same source as, the unmodified allowance the member would have received if he or she had retired for service at minimum retirement age on the date of death. No child shall receive any allowance after marrying or attaining the age of 18 years. As used in this paragraph, “surviving children” includes a posthumously born child or children of the member. (b) This section shall only apply to members employed in 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, members who are excluded from the definition of state employees in subdivision (c) of Section 3513, and members employed by the executive branch of government who are not members of the civil service. (c) For purposes of this section, “state service” means service rendered as a state employee, as defined in Section 19815. This section shall not apply to any contracting agency nor to the employees of any contracting agency. (d) 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. 2016, Ch. 199, Sec. 28. (AB 2404) Effective January 1, 2017.)
  133. 21547.5.

    ## 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 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Preretirement Death Benefits [21530 - 21554] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A survivor receiving a Section 21547 monthly allowance before January 1, 2000 must have that allowance adjusted as of January 1, 2000, and the adjusted amount is payable only from that date forward.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Preretirement Death Benefits [21530 - 21554] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21547.5. For any survivor receiving a monthly allowance pursuant to Section 21547 prior to January 1, 2000, that allowance shall be adjusted as of January 1, 2000, to equal the amount that the survivor would have been entitled to receive if the member’s death had occurred on or after January 1, 2000. The adjusted allowance shall be payable only on and after January 1, 2000. (Added by Stats. 1999, Ch. 457, Sec. 15. Effective September 21, 1999.)
  134. 21547.7.

    ## 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 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Preretirement Death Benefits [21530 - 21554] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section lets a surviving spouse, or eligible children if there is no eligible spouse, receive a monthly allowance instead of the basic death benefit when a covered local firefighter member dies and the stated service/age 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 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Preretirement Death Benefits [21530 - 21554] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21547.7. (a) Notwithstanding any other provision of this article requiring attainment of the minimum age for voluntary service retirement applicable to him or her in his or her last employment preceding death, upon the death of a local firefighter member while in the employ of an agency subject to this section on or after January 1, 2001, who is credited with 20 years or more of state service, the surviving spouse, or eligible children, if there is no eligible spouse, may receive a monthly allowance in lieu of the basic death benefit. The board shall notify the eligible survivor, as defined in Section 21546, of this alternate death benefit. The board shall calculate the monthly allowance that shall be payable as follows: (1) To the member’s surviving spouse, an amount equal to the amount the member would have received if he or she had retired for service at the minimum retirement age on the date of death and had elected the optional settlement in Section 21456 and Section 21459. The retirement allowance shall be calculated using all service earned by the member in this system. (2) If the member made a specific beneficiary designation under Section 21490, the monthly allowance shall be based only on that portion of the amount the member would have received described in paragraph (1) that would have been derived from the nonmember spouse’s community property interest in the member’s contributions and service credit. (3) If there is no surviving spouse or the spouse dies before all of the children of the deceased member attain the age of 18 years, to the surviving children, under the age of 18 years, collectively, an amount equal to one-half of, and derived from the same source as, the unmodified allowance the member would have received if he or she had retired for service at the minimum retirement age on the date of death. No child shall receive any allowance after marrying or attaining the age of 18 years. As used in this paragraph, “surviving children” includes a posthumously born child or children of the member. The retirement allowance shall be calculated using all service earned by the member in this system. (4) The cost of the allowance paid pursuant to this subdivision shall be paid from the assets of the employer at the member’s date of death. All member contributions made by the member to this system shall be transferred to the plan assets of the employer liable for the funding of this benefit. (b) (1) Upon the death of a local firefighter member while in the employ of an agency subject to this section on or after January 1, 2001, who is credited with 20 years or more of state service and who has attained the minimum age for voluntary service retirement applicable to him or her in his or her last employment preceding death, the surviving spouse may elect to receive a monthly allowance that is equal to the amount that member would have received if the member had been retired from service on the date of death and had elected the optional settlement in Section 21456 and Section 21459 in lieu of the basic death benefit. The retirement allowance shall be calculated using all service earned by the member in this system. (2) If the member made a specific beneficiary designation under Section 21490, the monthly allowance shall be based only on that portion of the amount the member would have received described in paragraph (1) that would have been derived from the nonmember spouse’s community property interest in the member’s contributions and service credit. (3) If there is no surviving spouse or the spouse dies before all of the children of the deceased member attain the age of 18 years, the allowance shall continue to the surviving children, under the age of 18 years, collectively, in an amount equal to one-half of, and derived from the same source as, the unmodified allowance the member would have received if he or she had been retired from service on the date of death. No child shall receive any allowance after marrying or attaining the age of 18 years. As used in this paragraph, “surviving children” includes a posthumously born child or children of the member. The retirement allowance will be calculated using all service earned by the member in this system. (4) The cost of the increase in service allowance paid pursuant to this subdivision shall be paid from the assets of the employer at the member’s date of death. (c) This section shall not apply to any contracting agency, nor to the employees of 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, except that an election among the employees is not required. (Amended by Stats. 2016, Ch. 199, Sec. 29. (AB 2404) Effective January 1, 2017.)
  135. 21548.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Preretirement Death Benefits [21530 - 21554] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section lets an eligible surviving spouse receive a survivor allowance instead of certain death benefits, with some choices 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 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Preretirement Death Benefits [21530 - 21554] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21548. (a) The surviving spouse of a member who has attained the minimum age for voluntary service retirement applicable to the member in his or her last employment preceding death, and who is eligible to receive an allowance pursuant to Section 21546, shall instead receive an allowance that is equal to the amount that the member would have received if the member had been retired from service on the date of death and had elected the optional settlement in Section 21456 and Section 21459. (b) The surviving spouse of a member who has attained the minimum age for voluntary service retirement applicable to the member in his or her last employment preceding death, and who is eligible to receive a special death benefit in lieu of an allowance under Section 21546, may elect to instead receive an allowance that is equal to the amount that the member would have received if the member had been retired from service on the date of death and had elected the optional settlement in Section 21456 and Section 21459. (c) If the member made a specific beneficiary designation under Section 21490, the allowance under this section shall be based only on that portion of the amount the member would have received described in subdivision (a) or (b) that would have been derived from the nonmember spouse’s community property interest in the member’s contributions and service credit. (d) The allowance provided by this section shall be payable as long as the surviving spouse lives. Upon the death of the surviving spouse, the benefit shall be continued to minor children, as defined in Section 6500 of the Family Code, or a lump sum shall be paid as provided under circumstances specified in Section 21546 or in Sections 21541 and 21543, as the case may be. (e) The allowance provided by this section shall be paid in lieu of the basic death benefit, but the surviving spouse qualifying for the allowance may elect before the first payment on account of it to receive the basic death benefit in lieu of the allowance. (f) This section shall apply with respect to state members whose death occurs on and after July 1, 1976. (g) All references in this code to Section 21546 shall be deemed to include this section in the alternative. (h) This section shall not apply to any contracting agency nor to the employees of 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, except that an election among the employees is not required, or, in the case of contracts made after January 1, 1985, by express provision in the contract making the contracting agency subject to this section. (Amended by Stats. 2016, Ch. 199, Sec. 30. (AB 2404) Effective January 1, 2017.)
  136. 21551.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Preretirement Death Benefits [21530 - 21554] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Certain surviving spouse benefits do not stop because of remarriage, and some discontinued allowances must be restored.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Preretirement Death Benefits [21530 - 21554] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21551. Notwithstanding any other provision of this part, the benefits payable to a surviving spouse pursuant to Sections 21541, 21546, 21547, 21548, and Article 3 (commencing with Section 21570), do not cease upon remarriage if the remarriage occurs on or after September 19, 1989, for surviving spouses of deceased state members, January 1, 1991, for surviving spouses of deceased school members, upon the date a contracting agency elected to be subject to this section for deceased local members, or January 1, 2000, for spouses of deceased local members if the contracting agency has not elected to be subject to this section. Any surviving spouse who elected the reduction specified in Section 21500 as it read prior to January 1, 2000, shall be restored to the lifetime allowance to which he or she was originally entitled effective September 19, 1989, for state members, January 1, 1991, for school members, upon the date a contracting agency elected to be subject to this section, or January 1, 2000, if the contracting agency has not elected to be subject to this section. Pursuant to Section 22822, the surviving spouse who remarries may not enroll his or her new spouse or stepchildren as family members under the continued health benefits coverage of the surviving spouse. Any surviving spouse whose allowance has been discontinued as a result of remarriage prior to the effective date of this section shall have that allowance restored and resumed on January 1, 2000, or the first of the month, following receipt by the board of a written application from the spouse for resumption of the allowance, whichever is later. The amount of the benefits due shall be calculated as though the allowance had never been reduced or discontinued because of remarriage, and is not payable for the period between the date of discontinuance because of remarriage and January 1, 2000. The board has no duty to identify, locate, or notify a spouse who previously had his or her allowance discontinued because of remarriage. (Amended by Stats. 2004, Ch. 69, Sec. 16. Effective June 24, 2004.)
  137. 21552.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Preretirement Death Benefits [21530 - 21554] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A surviving spouse’s remarriage does not reduce or stop a monthly allowance in this situation.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Preretirement Death Benefits [21530 - 21554] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21552. Notwithstanding any other provision of this part, on and after the effective date of this section, the remarriage of any surviving spouse of any deceased local safety member who was a firefighter, or peace officer as described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, who died in the line of duty, shall not result in the reduction or cessation of any monthly allowance the spouse was receiving pursuant to Section 21541 and Article 3 (commencing with Section 21570). (Added by Stats. 1996, Ch. 1120, Sec. 2. Effective September 30, 1996.)
  138. 21553.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Preretirement Death Benefits [21530 - 21554] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A surviving spouse can get a restored monthly allowance after remarriage if the spouse applies in writing, and the board must resume payment on the later of the section’s effective date or the first month after the application is received.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Preretirement Death Benefits [21530 - 21554] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21553. (a) The monthly allowance pursuant to Section 21541 and Article 3 (commencing with Section 21570), paid to the surviving spouse of any deceased local safety member who was a firefighter, or peace officer as described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, who died in the line of duty, shall be restored if that allowance has been reduced or discontinued upon the spouse’s remarriage. The allowance shall be resumed on the effective date of this section, or the first of the month, following receipt by the board of a written application from the spouse for resumption of the allowance, whichever is later. (b) The amount of the benefits due shall be calculated as though the allowance had never been reduced or discontinued because of remarriage, and shall not be payable for the period between the date of reduction or discontinuance and the effective date of resumption. (c) The board has no duty to identify, locate, or notify a spouse who previously had his or her allowance reduced or discontinued because of remarriage. (d) Any surviving spouse shall be entitled to restoration of terminated or diminished benefits upon application to the system if he or she previously qualified for special death benefits because his or her spouse died in the line of duty. (Added by Stats. 1996, Ch. 1120, Sec. 3. Effective September 30, 1996.)
  139. 21554.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Preretirement Death Benefits [21530 - 21554] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A surviving spouse can get terminated death benefits restored after remarriage if they apply, and the board must resume the monthly allowance when the application is received, subject to the timing rule in the section.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Preretirement Death Benefits [21530 - 21554] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21554. (a) The monthly allowance pursuant to Section 21541 and Article 3 (commencing with Section 21570), paid to the surviving spouse of any deceased patrol, state safety, or state peace officer/firefighter member, who died in the line of duty shall be restored if that allowance has been discontinued upon the spouse’s remarriage. The allowance shall be resumed on the effective date of this section, or the first of the month, following receipt by the board of a written application from the spouse for resumption of the allowance, whichever is later. (b) The amount of the benefits due shall be calculated as though the allowance had never been discontinued because of remarriage, and shall not be payable for the period between the date of discontinuance and the effective date of resumption. (c) The board has no duty to identify, locate, or notify a spouse who previously had his or her allowance discontinued because of a remarriage. (d) Any surviving spouse shall be entitled to restoration of terminated benefits upon application to the system if he or she previously qualified for special death benefits because his or her spouse died in the line of duty. (Added by Stats. 1998, Ch. 719, Sec. 1. Effective January 1, 1999.)
  140. 21600.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Preretirement Group Term Life Insurance [21600 - 21605] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section says the article provides group term life insurance benefits for state and university employees in the system, but it does not apply to school members or other local 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 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Preretirement Group Term Life Insurance [21600 - 21605] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21600. (a) The purpose of this article is to provide group term life insurance benefits for members of this system who are employees of the state or the university. Notwithstanding any other provision of this part, this article shall not apply to a school member, or any other local member. (b) If this section is in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without further legislative action, except that if the provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  141. 21601.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Preretirement Group Term Life Insurance [21600 - 21605] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A separate Insurance Benefits Account must be set up in the retirement fund, and the money in it may be used only to pay insurance benefits under 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 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Preretirement Group Term Life Insurance [21600 - 21605] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21601. A separate account shall be established in the retirement fund to be known as the Insurance Benefits Account. Moneys in the account shall be expended for the sole purpose of payment of insurance benefits under this article. Interest shall be credited to the account at the annual rate and in the same manner as interest is credited to employer and employee contributions in the retirement fund. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  142. 21602.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Preretirement Group Term Life Insurance [21600 - 21605] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The board must transfer a calculated amount to the Insurance Benefits Account every July 1 during any period of insurance.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Preretirement Group Term Life Insurance [21600 - 21605] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21602. (a) The board shall transfer annually on July 1 during any period of insurance from accumulated state contributions on account of current service to the Insurance Benefits Account the amount estimated to be necessary for payment during that fiscal year, of the portion of the insurance benefit prescribed in subdivision (b) of Section 21605 plus any deficiency in the transfer for the previous fiscal year for that purpose. (b) If this section is in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without further legislative action, except that if the provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  143. 21603.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Preretirement Group Term Life Insurance [21600 - 21605] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section defines an insured member for this part as a system member who is a state or university employee and whose death occurs under conditions in Section 21604.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Preretirement Group Term Life Insurance [21600 - 21605] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21603. An insured member, for purposes of this part, is a member of this system who is a state or university employee and whose death occurs under conditions specified in Section 21604. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  144. 21604.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Preretirement Group Term Life Insurance [21600 - 21605] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The insurance benefit is paid to the beneficiary entitled to the basic or special death benefit when the member dies 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 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Preretirement Group Term Life Insurance [21600 - 21605] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21604. The insurance benefit shall be paid upon death of an insured member of this system to the beneficiary entitled to receive the basic or special death benefit if all of the following conditions occur: (a) Death occurs during any of the following: (1) While in state service. (2) While absent from state service on military service or on approved leave of absence. (3) Within four months of discontinuance of state service. (4) While physically or mentally incapacitated for performance of duty continuously from discontinuance of state service. (b) If either of the following exists: (1) Death occurs while a member and before the effective date of retirement. (2) If the optional settlement in Section 21456, 21457, 21459, 21475, 21475.5, 21476, 21476.5, or 21477, or an optional settlement in Section 21458, involving payment of an allowance throughout the life of the beneficiary, has not been elected and if an allowance under Section 21624, 21627, 21629, or 21630 is not payable, and death occurs on or after the effective date of retirement and before the mailing of a retirement allowance warrant. (c) Death occurs during a period of insurance. (d) Death occurs under circumstances other than those described in subparagraph (F) of paragraph (1) of subdivision (a) of Section 21530. If this section is in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without further legislative action, except that, if the provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Amended by Stats. 2016, Ch. 199, Sec. 31. (AB 2404) Effective January 1, 2017.)
  145. 21605.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Preretirement Group Term Life Insurance [21600 - 21605] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The insurance benefit is the sum of a $5,000 amount and a separate amount based on the member’s compensation, with some exclusions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 4. Preretirement Group Term Life Insurance [21600 - 21605] ( Article 4 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21605. The insurance benefit shall be the sum of the following amounts: (a) Five thousand dollars ($5,000). (b) An amount equal to 50 percent of the annual compensation earnable by the deceased member during the 12 months immediately preceding his or her death or the compensation earnable by the member at the time of becoming eligible for benefits pursuant to Section 21160 if higher, or if a member also has state service in an employment in which employees are ineligible to be insured members, a proportionate part of that amount in the ratio of eligible service to total service. No amount shall be paid under this subdivision if the member is eligible for service retirement or the member is subject to benefits pursuant to Section 21547. If this section is in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without further legislative action, except that if the provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  146. 21620.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Postretirement Death Benefits [21620 - 21635.5] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A postretirement death benefit must be paid to the nominated beneficiary, generally $500, increased to $2,000 for deaths on or after July 1, 2023.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Postretirement Death Benefits [21620 - 21635.5] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21620. (a) Upon the death of any person, after retirement and while receiving a retirement allowance from this system, there shall be paid to the person’s beneficiary as nominated by written designation duly executed and filed with the board, the sum of five hundred dollars ($500), to be provided from contributions by the state or contracting agency, as the case may be. (b) Notwithstanding Section 7522.44, the benefit amount authorized in subdivision (a) shall be increased to two thousand dollars ($2,000) for any death occurring on or after July 1, 2023. (c) This section shall apply to all contracting agencies and to the employees of those agencies. (Amended by Stats. 2022, Ch. 193, Sec. 1. (SB 1168) Effective January 1, 2023.)
  147. 21621.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Postretirement Death Benefits [21620 - 21635.5] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A designated beneficiary may not receive this system’s lump-sum death benefit if they are entitled to a comparable lump-sum death benefit from another public retirement system under the stated conditions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Postretirement Death Benefits [21620 - 21635.5] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21621. If the beneficiary of a member retired under this system is entitled to receive a comparable lump-sum death benefit from any other retirement system supported, in whole or in part, by public funds in which he or she was a member in employment subsequent to his or her last employment in which he or she was a member of this system, no payment shall be made under Section 21620, 21622, 21623, 21623.5, or 21623.6 providing for payment of a lump-sum death benefit to a member’s designated beneficiary. (Amended by Stats. 2003, Ch. 10, Sec. 31. Effective May 14, 2003.)
  148. 21622.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Postretirement Death Benefits [21620 - 21635.5] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A nominated beneficiary must be paid $600 when a retired person dies while receiving a retirement allowance, subject to this section’s election and contract 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 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Postretirement Death Benefits [21620 - 21635.5] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21622. (a) In lieu of benefits provided by Section 21620, upon the death of any person, after retirement and while receiving a retirement allowance from this system, there shall be paid to the beneficiary whom he or she shall nominate by written designation duly executed and filed with the board, the sum of six hundred dollars ($600), to be provided from contributions by the employer. (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, except for those contracting agencies that are school employers and those school districts or community college districts, as defined in subdivision (i) of Section 20057, until the agency elects to be subject to this section by amendment to its contract made in the manner prescribed for approval of contracts, except an election among the employees is not required, or, in the case of contracts made after January 1, 1981, by express provision in the contract making the contracting agency subject to this section. (Amended by Stats. 2000, Ch. 1002, Sec. 14.5. Effective January 1, 2001.)
  149. 21623.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Postretirement Death Benefits [21620 - 21635.5] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section provides a $2,000 death benefit for a nominated beneficiary when a retired state or school member dies after retirement while receiving a retirement allowance, and it applies only in specified school-employer situations.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Postretirement Death Benefits [21620 - 21635.5] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21623. (a) In lieu of benefits provided by Section 21620 or 21622, upon the death of any retired state or school member, after retirement and while receiving a retirement allowance from this system, there shall be paid to the beneficiary whom he or she shall nominate by written designation duly executed and filed with the board, the sum of two thousand dollars ($2,000), to be provided from contributions by the employer. (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. (d) This section shall apply to a school employer and a retired school member whose death after retirement occurs on or after January 1, 2001. This section shall not apply to any contracting agency or local member, except those contracting agencies that are school employers and those school districts or community college districts as defined in subdivision (i) of Section 20057. (Amended by Stats. 2000, Ch. 1002, Sec. 15.5. Effective January 1, 2001.)
  150. 21623.5.

    ## 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 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Postretirement Death Benefits [21620 - 21635.5] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The section sets postretirement death benefits for a local member and lets the employer’s contract choose one of four fixed dollar amounts to be paid to the nominated beneficiary, subject to the contracting agency’s election into the section.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Postretirement Death Benefits [21620 - 21635.5] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21623.5. (a) In lieu of benefits provided by Sections 21620 and 21622 upon the death of any local member, after retirement and while receiving a retirement allowance from this system, there shall be paid to the beneficiary whom he or she shall nominate by written designation duly executed and filed with the board, the sum of two thousand dollars ($2,000), three thousand dollars ($3,000), four thousand dollars ($4,000), or five thousand dollars ($5,000), whichever amount is designated by the employer in its contract, to be provided from contributions by the employer. (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. (d) This section shall not apply to a 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, except an election among the employees is not required or in the case of contracts made on or after January 1, 1999, except by express provision in the contract making the contracting agency subject to this section. (Amended by Stats. 2000, Ch. 1002, Sec. 16.5. Effective January 1, 2001.)
  151. 21623.6.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Postretirement Death Benefits [21620 - 21635.5] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The section pays a designated beneficiary a fixed death benefit of $3,000, $4,000, or $5,000 when a qualifying school member dies after retirement while receiving a retirement allowance, and it does not apply to a school employer unless the employer 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 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Postretirement Death Benefits [21620 - 21635.5] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21623.6. (a) In lieu of benefits provided by Sections 21620, 21622, and 21623, upon the death of any school member, after retirement and while receiving a retirement allowance from this system, there shall be paid to the beneficiary whom he or she shall nominate by written designation duly executed and filed with the board, the sum of three thousand dollars ($3,000), four thousand dollars ($4,000), or five thousand dollars ($5,000), whichever amount is designated by the employer in its contract, to be provided from contributions by the employer. (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. (d) This section shall not apply to a school employer unless and until it 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 on or after January 1, 2001, except by express provision in the contract making the school employer subject to this section. (Added by Stats. 2000, Ch. 947, Sec. 6. Effective January 1, 2001.)
  152. 21624.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Postretirement Death Benefits [21620 - 21635.5] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section pays a monthly survivor allowance to a qualifying surviving spouse, then to eligible children, then to dependent parents, with different percentages depending on the type 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 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Postretirement Death Benefits [21620 - 21635.5] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21624. Upon the death of a patrol, state peace officer/firefighter, or state safety member whose retirement for service or disability is effective on or after April 1, 1973, a monthly allowance derived from employer contributions equal to a percentage of the amount of his or her retirement allowance as it was at his or her death based on service credited to him or her as a member subject to this section, but excluding any portion of the retirement allowance derived from additional contributions of the member, shall be paid to the surviving spouse throughout life. The percentage shall be 25 percent for an allowance based on service for which the allowance is reduced because the service was also covered under the federal system and 50 percent for an allowance based on any other service. If there is no surviving spouse, or upon the death of the surviving spouse, the allowance shall be paid collectively to every unmarried child of the deceased member who has not attained age 18, or who is disabled by a condition that disabled that child prior to attaining age 18 and that has continued without interruption after age 18, until the disability ceases. If, at the time of the retired member’s death, there is no eligible surviving spouse or children, the allowance shall be paid to a parent, or collectively to parents, of the deceased member dependent upon him or her for support. If, on the effective date of his or her retirement, the member has no surviving spouse, eligible children, or dependent parents and elected an optional settlement, no allowance under this section shall be paid. “Surviving spouse,” for purposes of service retirements subject to this section, means a husband or wife who was married to the member for a continuous period beginning at least one year prior to his or her retirement and ending on the date of his or her death and, for purposes of disability retirements subject to this section, means a husband or wife who was married to the member on the date of his or her retirement and continuously to the date of his or her death. (Amended by Stats. 1999, Ch. 800, Sec. 10. Effective January 1, 2000.)
  153. 21625.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Postretirement Death Benefits [21620 - 21635.5] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    If the member elects to be subject to Section 21460 or 21478, the listed death benefits are payable only to the member’s eligible surviving spouse for that spouse’s lifetime.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Postretirement Death Benefits [21620 - 21635.5] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21625. Notwithstanding any other provision of this part, upon the member’s election to be subject to Section 21460 or 21478, the benefits provided by Section 21624, 21626, 21627, 21628, 21629, or 21630, as applicable, shall be payable only to the member’s eligible surviving spouse and for his or her lifetime. The benefit shall not cease upon the remarriage of the surviving spouse. (Amended by Stats. 2016, Ch. 199, Sec. 32. (AB 2404) Effective January 1, 2017.)
  154. 21626.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Postretirement Death Benefits [21620 - 21635.5] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section defines “member” for Section 21624 and defines “surviving spouse” for certain disability retirees.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Postretirement Death Benefits [21620 - 21635.5] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21626. “Member” for purposes of Section 21624 also includes those local miscellaneous members and local safety members who on March 31, 1973 were subject to former Sections 21264, as amended by Chapter 249 of the Statutes of 1971 and 21264.1, as added by Chapter 150 of the Statutes of 1971, as those sections read prior to their repeal on April 1, 1973. “Member” shall not include any other local miscellaneous or local safety member or apply to any contracting agency employing the member until the agency elects to be subject to Section 21624 by amendment to its contract made in the manner prescribed for approval of contracts, except that an election among employees shall not be required or, in the case of contracts made on or after April 1, 1973, by express provision of the contract. The election may be exercised separately with respect to local safety members who are firefighters, local safety members who are police officers, local safety members other than police officers or firefighters, and local miscellaneous members. The operative date of Section 21624 for purposes of application to that section to those local members shall be the effective date of the contract or contract amendment. “Surviving spouse” shall mean, for a member subject to Section 21624, who retires for disability retirement on or after January 1, 1995, a husband or wife who was married to the member on the date of his or her retirement and continuously to the date of his or her death. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  155. 21626.5.

    ## 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 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Postretirement Death Benefits [21620 - 21635.5] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )

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    This section says certain surviving domestic partners and same-gender spouses must be treated like surviving spouses for specified retirement death-benefit purposes if 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 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Postretirement Death Benefits [21620 - 21635.5] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21626.5. (a) For purposes of Section 21624, 21626, 21627, 21629, or 21630, a surviving domestic partner shall be treated in the same manner as a surviving spouse if either: (1) The domestic partnership was registered for one year prior to the member’s service retirement date or at the disability retirement date and continuously until the date of the member’s death. (2) The member retired prior to January 1, 2006, and both the member and his or her domestic partner, who currently are in a state-registered domestic partnership, sign an affidavit stating that, at the time prescribed by the retirement system for married spouses to qualify for survivor continuance, the member and the domestic partner would have qualified to be registered as domestic partners pursuant to Section 297 of the Family Code. (b) For purposes of Section 21624, 21626, 21627, 21629, or 21630, an individual who is the same gender as the member shall be treated in the same manner as a surviving spouse if the following conditions are satisfied: (1) The individual entered into marriage with the member on or after the date when individuals of the same gender were legally allowed to enter into marriage and was married continuously until the date of the member’s death. (2) Either of the following applies: (A) The member retired prior to the date when individuals of the same gender were legally allowed to enter into marriage, and both the member and his or her spouse, who are currently married, sign an affidavit stating that, at the time prescribed by the retirement system for spouses to qualify for a survivor continuance, the member and the individual would have qualified to be legally married had it been legally possible for people of the same gender to marry. (B) The individual originally qualified to become a surviving spouse under subdivision (a). (Amended by Stats. 2016, Ch. 415, Sec. 31. (AB 2375) Effective January 1, 2017.)
  156. 21627.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Postretirement Death Benefits [21620 - 21635.5] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )

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    This section pays survivor benefits to certain survivors of state safety members, with different rules depending on retirement and death dates and the survivor’s relationship to the 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 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Postretirement Death Benefits [21620 - 21635.5] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21627. (a) An eligible survivor of a state safety member who retired prior to April 1, 1973, and died prior to September 28, 1987, shall receive a monthly survivor’s allowance, derived solely from employer contributions and not from any contributions from the member, equal to 50 percent of the amount of the member’s retirement allowance payable to the member at the time of his or her death. The member’s monthly allowance shall have been based on his or her credited service. An eligible survivor of a state safety member who retired prior to April 1, 1973, and died on or after September 28, 1987, shall receive a monthly survivor’s allowance determined pursuant to Section 21624. (b) The benefit provided by this section shall not be offset by any entitlement of the survivor under the federal system. (c) The benefit is payable to the surviving spouse for life. (d) If there is no surviving spouse of the retired member, or upon the death of a surviving spouse, the benefit authorized by this section shall be paid to an eligible child or to eligible children. (e) If, at the time of the death of the retired member there is no surviving spouse or eligible child or children, the benefit authorized by this section shall be paid to the parent or parents of the deceased member who were dependent upon the member for support. (f) If, at the effective date of his or her retirement, the member was unmarried, or if, at the time of his or her death, the member had no eligible child or children, had no dependent parent or parents, and had elected an optional settlement, no survivor’s allowance authorized by this section shall vest in or be paid to any individual. (g) “Surviving spouse,” for purposes of this section, means a husband or wife who was married to the member for a period of time beginning one year or more prior to his or her retirement and continuing without interruption until the death of the member. (h) “Eligible child,” for purposes of this section, means an unmarried child of the deceased member who (1) has not attained age 18, or (2) is over age 18 but disabled due to a condition that existed and disabled the child prior to his or her 18th birthday and that has continuously disabled the person after having reached age 18. Eligibility of the child for the benefits of this section shall terminate upon the earlier of the following: (1) Attainment of age 18, unless the disability exemption applies. (2) Marriage of the child prior to age 18. (3) Cessation of a child’s disability. (4) Death of a child. (i) The allowance paid pursuant to this section shall be adjusted to reflect a one-half continuance allowance with no offset by reason of participation in the federal system. The adjustment provided by this section shall be applied to any survivor receiving a continuance allowance on September 28, 1987. Nothing in this section was or is intended to, or shall be construed to, impair any vested rights of any eligible survivor of a state safety member who retired prior to April 1, 1973, and who died on or after September 28, 1987. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  157. 21628.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Postretirement Death Benefits [21620 - 21635.5] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )

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    Some retirement allowances and beneficiary payments must be increased by 15 percent, subject to the listed settlement and employer-election 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 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Postretirement Death Benefits [21620 - 21635.5] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21628. The allowance provided by Section 21624 shall be paid with respect to a local miscellaneous or local safety member whose retirement was effective prior to his or her employer’s election to be subject to the section with respect to employees in his or her employment, if at retirement he or she did not elect the optional settlement in Section 21456, 21457, 21459, 21475, 21475.5, 21476, 21476.5, or 21477 or an optional settlement involving life contingency in Section 21458. The retirement allowance payable to a retired member who elected any of these optional settlements, or to a beneficiary of a retired member, shall be increased by 15 percent, for time on and after the operative date and prior to the next annual adjustment under Article 3 (commencing with Section 21310) of Chapter 13 and the base allowance shall be increased by 15 percent for purpose of that and all subsequent annual adjustments. The amount payable to the beneficiary under the optional settlement shall be increased by the same percentage and in the same manner as the increase provided for the payment to the member. The increased allowance provided by this section shall not be payable to a beneficiary who is receiving an allowance pursuant to this article or Article 4 (commencing with Section 21350) of Chapter 13 on September 29, 1980, until the employer of the retired member elects to be subject to this section as so amended by amendment to its contract made in the manner prescribed for approval of contracts, except that an election among employees shall not be required. In the case of contracts made on or after September 29, 1980, the operative date of Section 21624, for purposes of application of that section to local members, shall be the effective date of the contract or contract amendment. (Amended by Stats. 2016, Ch. 199, Sec. 33. (AB 2404) Effective January 1, 2017.)
  158. 21629.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Postretirement Death Benefits [21620 - 21635.5] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )

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    This section pays a survivor allowance after a retired member dies, first to a surviving spouse, then to eligible children, then to dependent parents, subject to the stated eligibility 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 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Postretirement Death Benefits [21620 - 21635.5] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21629. Upon the death, after the effective date of retirement, of a state miscellaneous member none of whose service rendered in state employment has been included in the federal system and whose retirement is effective on or after July 1, 1974, or of a school member or school safety member none of whose service rendered in school service or school safety service has been included in the federal system and whose retirement is effective on or after July 1, 1983, a monthly allowance derived from employer contributions equal to 50 percent of the amount of his or her retirement allowance as it was at his or her death and based on service credited to him or her as a member subject to this section but excluding any portion of the retirement allowance derived from additional contributions of the member shall be paid to the surviving spouse throughout life. If there is no surviving spouse, or upon the death of the surviving spouse, the allowance shall be paid collectively to every unmarried child of the deceased member who has not attained age 18, or who is disabled by a condition which disabled that child prior to attaining age 18 and which has continued without interruption after age 18, until the disability ceases. If at the time of the retired member’s death there is no eligible surviving spouse or children, the allowance shall be paid to a parent, or collectively to parents, of the deceased member dependent upon him or her for support. If on the effective date of retirement there is a person who will be eligible if the person survives, the member’s election of an optional settlement other than the optional settlement in Section 21455 or 21474 shall apply only to a portion of his or her allowance as provided in Section 21451 or 21471.1. If on the effective date of his or her retirement the member has no surviving spouse, eligible children, or dependent parents and elected an optional settlement, no allowance under this section shall be paid. “Surviving spouse,” for purposes of service retirement subject to this section, means a husband or wife who was married to the member for a continuous period beginning at least one year prior to his or her retirement and ending on the date of his or her death and, for purposes of disability retirement subject to this section where the member retired on or after January 1, 1995, means a husband or wife who was married to the member on the date of his or her retirement and continuously to the date of his or her death. (Amended by Stats. 2016, Ch. 199, Sec. 34. (AB 2404) Effective January 1, 2017.)
  159. 21630.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Postretirement Death Benefits [21620 - 21635.5] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )

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    This section provides a postretirement death allowance to a surviving spouse, then to eligible unmarried children, then to dependent parents, and bars payment if no eligible survivor exists and an optional settlement was elected.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Postretirement Death Benefits [21620 - 21635.5] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21630. Upon death after the effective date of retirement of a state miscellaneous member some of whose service rendered in state employment has been included in the federal system and whose retirement is effective on or after July 1, 1975, or of a school member or school safety member some of whose service rendered in school employment has been included in the federal system and whose retirement is effective on or after July 1, 1983, a monthly allowance, derived from employer contributions, equal to a percentage of the amount of his or her retirement allowance as it was at his or her death based on service credited to him or her as a member subject to this section but excluding any portion of the retirement allowance derived from additional contributions of the member shall be paid to the surviving spouse throughout life. The percentage shall be 25 percent for an allowance based on service that was also covered under the federal system and 50 percent for an allowance based on any other service, except that the percentage shall be 50 percent for the allowance of a member whose service was subject to Section 21076 or 21077 and who had become a member prior to November 1, 1988. If there is no surviving spouse, or upon the death of the surviving spouse, the allowance shall be paid collectively to every unmarried child of the deceased member who has not attained age 18, or who is disabled by a condition that disabled that child prior to attaining age 18 and that has continued without interruption after age 18, until the disability ceases. If at the time of the retired member’s death there is no eligible surviving spouse or children, the allowance shall be paid to a parent, or collectively to parents, of the deceased member dependent upon him or her for support. If on the effective date of retirement there is a person who will be eligible if the person survives, the member’s election of an optional settlement, other than the optional settlement in Section 21455 or 21474, shall apply only to a portion of the allowance as provided in Section 21451 or 21471.1. If on the effective date of his or her retirement the member has no surviving spouse, eligible children, or dependent parents and elected an optional settlement, no allowance under this section shall be paid. “Surviving spouse,” for purposes of service retirement subject to this section, means a husband or wife who was married to the member for a continuous period beginning at least one year prior to his or her retirement and ending on the date of his or her death and, for purposes of disability retirement subject to this section where the member retired on or after January 1, 1995, means a husband or wife who was married to the member on the date of his or her retirement and continuously to the date of his or her death. (Amended by Stats. 2016, Ch. 199, Sec. 35. (AB 2404) Effective January 1, 2017.)
  160. 21631.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Postretirement Death Benefits [21620 - 21635.5] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )

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    This section says when death benefits and monthly allowances are payable for certain retired school members and eligible survivors, and it limits the board’s duty to search for or contact survivors.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Postretirement Death Benefits [21620 - 21635.5] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21631. (a) The monthly allowance provided by Sections 21629 and 21630 shall be paid on account of retired school members who did not at retirement elect the optional settlement in Section 21456, 21457, 21459, 21475, 21475.5, 21476, 21476.5, or 21477 or an optional settlement involving life contingency in Section 21458. (b) Upon receipt of a written application for benefits at the office of the board, the benefits provided by this section shall be payable to eligible survivors of retired school members who are not receiving a monthly allowance on account of miscellaneous service as a state member. (c) When there are no records in the board’s possession that contain necessary data for determining the retirement benefit claimed, the applicant or applicants for the benefit shall be required to establish entitlement to the benefit upon evidence satisfactory to the board. That data, at a minimum, shall be sufficient to establish the date of the retired member’s death and the amount of the retired member’s monthly allowance payable at the time of his or her death. The net benefit payable to the retired school member at the date of death may be determined by the board on the basis of the evidence submitted or upon other evidence if that evidence allows the board to determine the unmodified allowance payable on the date of death. The board shall use available evidence, whether from information provided by the applicant, partial records in possession of the board, or from other sources, as the basis for assumptions that are necessary in order to calculate the allowance payable to the eligible survivor or survivors. (d) The benefits provided by this section shall be subject to the same eligibility and termination provisions that apply to members at their retirement and shall be paid commencing on the first day of the month succeeding the month in which the application for the benefits of this section is received by the board. (e) The board has no duty to identify, locate, or notify any survivor of a retired school member who may potentially be eligible for the benefits of this section. The board has no duty to provide the name or address of any potential survivor to any person, agency, or entity for the purpose of notifying survivors who may potentially be eligible for the benefits of this section. (f) The cost of the additional benefits provided pursuant to the trial court decision in California State Employees Association, et al. v. Board of Administration of the Public Employees’ Retirement System et al. (Sacramento County Superior Court, Case No. 332315) shall be paid out of the reserve against deficiencies established by Section 20174. (Amended by Stats. 2016, Ch. 199, Sec. 36. (AB 2404) Effective January 1, 2017.)
  161. 21632.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Postretirement Death Benefits [21620 - 21635.5] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )

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    The board must pay certain postretirement death benefits to eligible survivors after a written application, and payment starts from the first day of the month after the application is received.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Postretirement Death Benefits [21620 - 21635.5] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21632. (a) The monthly allowances provided by Sections 21629 and 21630 shall be paid on account of retired state miscellaneous members who did not at retirement elect the optional settlement in Section 21456, 21457, or 21459, or an optional settlement involving life contingency in Section 21458, and whose retirement dates were effective before July 1, 1974, with respect to members who were not covered by the federal system, and before July 1, 1975, with respect to members who were covered under the federal system. Upon receipt of a written application by the board, the benefits provided by this section shall be payable to eligible survivors of retired members who are not receiving a monthly allowance on account of miscellaneous service as a state member. However, if, on the date the application is received by the board, there is no longer in existence a record in the board’s possession setting forth the retirement data relating to the retired member, the applicant survivor or survivors of the retired member shall be required, as a condition precedent to his or her entitlement to the benefit provided by this section, to furnish documentary evidence satisfactory to the board to enable it to determine the date of the retired member’s death and the amount of the member’s allowance that was currently payable at the time of death. The net benefit payable to the retired member at the time of death shall be determined on the basis of the evidence submitted, unless the board is able to determine the unmodified allowance payable at the time of death. If the allowance payable to an eligible survivor is based on evidence furnished by the survivor or partial member records in the board’s possession, or both, the board shall use that information to assume any additional factors required to calculate the allowance payable. The benefits shall be subject to the same eligibility and termination provisions that apply to members at retirement and shall, subject to subdivision (b), be paid only for the period of time commencing on the first of the month following receipt by the board of the application for the benefits. The board has no duty to locate or notify any potential survivor or to provide the name or address of any potential survivor to any person, agency, or entity for the purpose of notifying survivors. (b) Upon receipt of a written application pursuant to subdivision (a), the benefits provided by this section shall be paid both prospectively and retroactively for the period of time commencing with the first day of the month following receipt of the application. (c) The payment of benefits pursuant to this section, as amended by Chapter 788 of the Statutes of 1984, shall commence no sooner than January 1, 1985. (Amended by Stats. 2016, Ch. 199, Sec. 37. (AB 2404) Effective January 1, 2017.)
  162. 21633.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Postretirement Death Benefits [21620 - 21635.5] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )

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    This section requires payment of certain retirement death benefits and survivor benefits, subject to specified eligibility rules and a written application to the board.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Postretirement Death Benefits [21620 - 21635.5] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21633. The monthly allowance provided by Section 21624 shall be paid on account of patrol and state safety members retired for nonindustrial disability with effective dates of retirement prior to April 1, 1972, and who did not at retirement elect the optional settlement in Section 21456, 21457, or 21459 or an optional settlement involving life contingency in Section 21458. Upon receipt of a written application by the board, the benefits provided by this section shall also be payable to eligible survivors of retired members who are not receiving a monthly allowance on account of service as a patrol or state safety member if the retired member was alive and receiving a monthly allowance on June 30, 1974. The benefits shall be subject to the same eligibility and termination provisions that apply to members at retirement and shall be paid only for the period of time commencing on the first of the month following receipt by the board of the application for those benefits. (Amended by Stats. 2016, Ch. 199, Sec. 38. (AB 2404) Effective January 1, 2017.)
  163. 21634.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Postretirement Death Benefits [21620 - 21635.5] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A marriage-length condition for a surviving spouse’s allowance is treated as satisfied in certain mandatory-retirement 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 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Postretirement Death Benefits [21620 - 21635.5] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21634. Any provision of this article or Article 4 (commencing with Section 21350) of Chapter 13 imposing as a condition for payment of an allowance to a surviving spouse that he or she have been married to the member for at least one year prior to retirement shall be deemed satisfied if the member was required to retire because of attainment of mandatory retirement age within one year following an amendment to the retirement law or the contracting agency’s contract lowering the mandatory retirement age for his or her category of membership, and the surviving spouse was married to the member on the date of the amendment. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  164. 21635.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Postretirement Death Benefits [21620 - 21635.5] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Survivor continuance allowances generally do not stop when the surviving spouse remarries, subject to the stated date rules and health-coverage 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 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Postretirement Death Benefits [21620 - 21635.5] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21635. Notwithstanding any other provisions of this part, survivor continuance allowances payable to surviving spouses upon death after retirement of a member do not cease upon remarriage if the remarriage occurs on or after January 1, 1985, in the case of local members of contracting agencies that elected to be subject to this section, or all members on or after January 1, 2000. However, pursuant to Section 22822, the surviving spouse may not add the new spouse or stepchildren as family members under the continued health benefits coverage of the surviving spouse. The survivor continuance allowance shall be restored if that allowance has been discontinued upon the spouse’s remarriage prior to January 1, 2000. (a) The allowance shall be resumed on January 1, 2000, or the first of the month, following receipt by the board of a written application from the spouse for resumption of the allowance, whichever is later. (b) The amount of the benefits due shall be calculated as though the allowance had never been discontinued because of remarriage, and is not payable for the period between the date of discontinuance because of remarriage and the effective date of resumption. (c) The board has no duty to identify, locate, or notify a spouse who previously had his or her allowance discontinued because of remarriage. (Amended by Stats. 2004, Ch. 69, Sec. 17. Effective June 24, 2004.)
  165. 21635.5.

    ## 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 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Postretirement Death Benefits [21620 - 21635.5] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A surviving spouse who remarries after January 1, 1998 may keep survivor continuance benefits, but cannot add the new spouse or stepchildren to continued health coverage; the board does not have to track down or notify eligible remarried spouses.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 14. Death Benefits [21490 - 21635.5] ( Chapter 14 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 5. Postretirement Death Benefits [21620 - 21635.5] ( Article 5 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21635.5. (a) Notwithstanding any other provision of this part, on and after the effective date of this section, the remarriage of the surviving spouse of a deceased local safety member who was a firefighter, or peace officer as described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, whose death after retirement was due to injuries which resulted in industrial disability retirement, may not result in the reduction or cessation of any survivor continuance if the remarriage occurs on or after January 1, 1998. However, pursuant to Section 22822, the surviving spouse may not add the new spouse or stepchildren as family members under the continued health benefits coverage of the surviving spouse. (b) The surviving spouse of a deceased retired local safety member whose death after retirement was due to injuries which resulted in industrial disability retirement who previously lost entitlement due to remarriage shall be entitled to resume payment of the benefit effective either on January 1, 1999, or the first of the month following receipt by the board of a written application for resumption of benefits, whichever date is later. The amount of the benefit payable shall be calculated as though the benefit had been paid without interruption from the date of remarriage through the benefit resumption effective date. (c) The board has no duty to identify, locate, or notify a remarried spouse who previously lost entitlement about the resumption of benefits provided in this section. The board has no duty to provide the name or address of any remarried spouse to any person, agency, or entity for the purpose of notifying those who may be eligible under this section. (d) Nothing in this section may be construed to imply that the benefits addressed will be paid retroactively. (Amended by Stats. 2004, Ch. 69, Sec. 18. Effective June 24, 2004.)
  166. 21660.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 15. Long-Term Care [21660 - 21664] ( Chapter 15 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section says the chapter may be cited as the Public Employees’ Long-Term Care Act.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 15. Long-Term Care [21660 - 21664] ( Chapter 15 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21660. This chapter may be cited as the Public Employees’ Long-Term Care Act. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  167. 21661.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 15. Long-Term Care [21660 - 21664] ( Chapter 15 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The board must contract for long-term care insurance plans, set eligibility and underwriting rules, and make the plans available during open enrollment 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 15. Long-Term Care [21660 - 21664] ( Chapter 15 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21661. (a) For purposes of this section: (1) “Adult children” means children who are at least 18 years of age. (2) “Domestic partners” means adults in a domestic partnership as defined in Section 22771. (3) “Siblings” means siblings who are at least 18 years of age. (4) “Spouses” means parties in a marital relationship recognized under the Internal Revenue Code, including, but not limited to, Section 7702B(f)(2) of Title 26 of the United States Code, or any other applicable authority that governs eligibility for a federally qualified state long-term care plan. (b) The board shall contract with carriers offering long-term care insurance plans. The long-term care insurance plans shall be made available periodically during open enrollment periods as determined by the board. (c) The board shall award contracts to carriers who are qualified to provide long-term care benefits, and may develop and administer self-funded long-term care insurance plans. The board may offer one or more long-term care insurance plans. (d) The long-term care insurance plans shall include home, community, and institutional care and shall, to the extent determined by the board, provide substantially equivalent coverage to that required under Chapter 2.6 (commencing with Section 10231) of Part 2 of Division 2 of the Insurance Code, if the carrier has been approved by the Department of Managed Health Care pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code. (e) Except as prohibited by the Internal Revenue Code, including, but not limited to, Section 7702B(f)(2) of Title 26 of the United States Code, or any other authority that governs eligibility for a federally qualified state long-term care plan, the classes of persons who shall be eligible to enroll are: (1) Active and retired members and annuitants of the Public Employees’ Retirement System, and their spouses, domestic partners, parents, siblings, adult children, and spouses’ parents. (2) Active and retired members and annuitants of the State Teachers’ Retirement Plan, and their spouses, domestic partners, parents, siblings, adult children, and spouses’ parents. (3) Active and retired members and annuitants of the Judges’ Retirement System, and their spouses, domestic partners, parents, siblings, adult children, and spouses’ parents. (4) Active and retired members and annuitants of the Judges’ Retirement System II, and their spouses, domestic partners, parents, siblings, adult children, and spouses’ parents. (5) Active and retired members and annuitants of the Legislators’ Retirement System, and their spouses, domestic partners, parents, adult children, siblings, and spouses’ parents. (6) Members of the California Assembly and Senate and their spouses, domestic partners, parents, siblings, adult children, and spouses’ parents. (7) Active and retired members and annuitants, and other classes of employees of a public agency that is located in this state, and their spouses, domestic partners, parents, siblings, adult children, and spouses’ parents. (f) The board may expand eligibility to all classes of persons who meet the requirements of this section, applicable provisions of the Internal Revenue Code, or any other authority that governs eligibility for a federally qualified state long-term care plan. (g) An individual specified in subdivision (e) or (f) shall not be eligible unless he or she resides in the United States, its territories and possessions, or in a country in which a provider network can be established comparable in quality and effectiveness to those established in the United States. (h) Notwithstanding subdivision (e) or (f), a person shall not be enrolled unless he or she meets the eligibility and underwriting criteria established by the board. (i) Notwithstanding subdivision (e) or (f), enrollment of active employees of the State of California shall be subject to Section 19867. (j) The board shall establish eligibility criteria for enrollment, establish appropriate underwriting criteria for potential enrollees, define the scope of covered benefits, define the criteria to receive benefits, and set any other standards as needed. (k) The long-term care insurance plans shall not become part of, or subject to, the retirement or health benefits programs administered by the system. (l) For any self-funded long-term care plan developed by the board, the premiums shall be deposited in the Public Employees’ Long-Term Care Fund. (Amended by Stats. 2013, Ch. 768, Sec. 1. (AB 373) Effective January 1, 2014.)
  168. 21662.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 15. Long-Term Care [21660 - 21664] ( Chapter 15 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The board must consult specified employer and employee representatives, and the board and each employer may recover administrative costs of the long-term care insurance program from insurance carriers and premiums.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 15. Long-Term Care [21660 - 21664] ( Chapter 15 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21662. The board shall consult with employer and employee representatives of the state and local government entities for whom the board administers retirement benefits. The board and each employer is authorized to recover the administrative costs of the long-term care insurance program from insurance carriers and premiums. Costs recovered by the board from insurance carriers and premiums shall be deposited in the Public Employees’ Long-Term Care Fund. (Amended by Stats. 2002, Ch. 871, Sec. 3. Effective January 1, 2003.)
  169. 21663.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 15. Long-Term Care [21660 - 21664] ( Chapter 15 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The board may contract for long-term care services, but the Department of General Services must review and approve those contracts.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 15. Long-Term Care [21660 - 21664] ( Chapter 15 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21663. (a) The board may enter into contracts with long-term care insurance carriers, pursuant to Section 21661, and with entities offering services relating to the administration of long-term care plans, without compliance with any provisions of law relating to competitive bidding. (b) The board may fix the beginning and ending dates of the contracts in a manner it deems consistent with administration of this part. The board shall periodically review each contract according to a reasonable schedule mutually agreed upon by the parties. Irrespective of any agreed-upon termination date or period for review, the board may terminate a contract at any time under conditions determined by the board, and may automatically renew a contract from term to term, or for any lesser period it deems appropriate. (c) The Department of General Services shall review and approve all contracts entered into pursuant to this section, to ensure that each written instrument contains the principal necessary provisions and proper technical terms and phrases, is formally correct, is arranged in proper and methodical order, and is adapted to the specific requirements of the agreement between the parties. The department’s review and approval does not supersede the board’s authority to negotiate and reach agreement with long-term care insurance carriers or with entities offering services relating to the administration of long-term care plans, with respect to the rates, terms, and conditions of contracts entered into pursuant to this section. (Amended by Stats. 2003, Ch. 519, Sec. 27. Effective January 1, 2004.)
  170. 21664.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 15. Long-Term Care [21660 - 21664] ( Chapter 15 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The board controls and can invest the Long-Term Care Fund, set premiums, and recover program costs from carriers and premiums; fund income is credited back to the fund.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 15. Long-Term Care [21660 - 21664] ( Chapter 15 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21664. (a) The Public Employees’ Long-term Care Fund is established for the purpose of administering any self-funded long-term care plan developed by the board and for recovering the administrative costs of the long-term care program from insurance carriers and premiums. Notwithstanding Section 13340, the Public Employees’ Long-term Care Fund is continuously appropriated, without regard to fiscal years, to the board to carry out the purposes of this article, consistent with its fiduciary duty. Funding for the board’s administrative costs is subject to appropriation by the Legislature and shall be paid out of the Public Employees’ Long-term Care Fund. (b) The board may set the premiums for any self-funded long-term care plan and assess charges against carriers and the premiums to recover the administrative costs of the long-term care program. (c) The board shall have the exclusive control of the administration and investment of the Public Employees’ Long-term Care Fund. The board may invest funds in the Public Employees’ Long-term Care Fund pursuant to the law governing its investment of the retirement fund. The board may authorize its investment staff, or may contract with independent investment managers, to manage the investments of the Public Employees’ Long-term Care Fund. (d) Income, of whatever nature, earned on the Public Employees’ Long-term Care Fund during any fiscal year, shall be credited to the fund. (e) The Legislature finds and declares that the Public Employees’ Long-term Care Fund is a trust fund held for the exclusive benefit of enrollees in the long-term care plans offered pursuant to this article. (f) It is the intent of the Legislature to provide, in the future, appropriate resources to properly administer the long-term care program. (Amended by Stats. 2002, Ch. 871, Sec. 4. Effective January 1, 2003.)
  171. 21670.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 16. Deferred Compensation [21670 - 21685] ( Chapter 16 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The board may create tax-preferred retirement savings programs for California public 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 16. Deferred Compensation [21670 - 21685] ( Chapter 16 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21670. The board may establish one or more tax-preferred retirement savings programs for California public employees. These programs shall be made available to all employees of a participating employer under procedures established by the board unless participation is subject to the terms of any memorandums of understanding between the employer and the employees. (Amended by Stats. 2010, Ch. 639, Sec. 7. (SB 1139) Effective January 1, 2011.)
  172. 21671.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 16. Deferred Compensation [21670 - 21685] ( Chapter 16 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A tax-preferred retirement savings program may offer the maximum federal tax-preferred savings opportunities and may allow employer and employee contributions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 16. Deferred Compensation [21670 - 21685] ( Chapter 16 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21671. A tax-preferred retirement savings program established pursuant to Section 21670 may grant the maximum tax-preferred retirement savings opportunities available under current federal law, and may provide for employer as well as employee contributions. The program may include, but is not limited to, one or more of the following plans: (a) A deferred compensation plan described under Section 457 of Title 26 of the United States Code. (b) A program described under Section 403(b) of Title 26 of the United States Code. Section 770.3 of the Insurance Code shall not apply to the board for the purposes of contracting for those annuities. (c) Any other form of a tax-preferred retirement savings arrangement authorized by the provisions of Title 26 of the United States Code and approved by the board. (Amended by Stats. 2010, Ch. 639, Sec. 8. (SB 1139) Effective January 1, 2011.)
  173. 21671.5.

    ## 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 16. Deferred Compensation [21670 - 21685] ( Chapter 16 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A retirement savings program established under Section 21670 must comply with applicable federal tax law.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 16. Deferred Compensation [21670 - 21685] ( Chapter 16 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21671.5. The design and administration of a tax-preferred retirement savings program established pursuant to Section 21670 shall conform with the applicable provisions of Title 26 of the United States Code. (Added by Stats. 2010, Ch. 639, Sec. 9. (SB 1139) Effective January 1, 2011.)
  174. 21672.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 16. Deferred Compensation [21670 - 21685] ( Chapter 16 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    A tax-preferred retirement savings program may include specified investment, annuity, and service components.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 16. Deferred Compensation [21670 - 21685] ( Chapter 16 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21672. A tax-preferred retirement savings program may include one or more of the following components: (a) Investment fund options for participants, as part of the deferred compensation program administered for state employees by the Department of Human Resources. (b) Investment fund options for other participants. (c) Annuity contracts on behalf of all participants. (d) Asset management, administrative, or related services. (Amended by Stats. 2012, Ch. 665, Sec. 146. (SB 1308) Effective January 1, 2013.)
  175. 21673.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 16. Deferred Compensation [21670 - 21685] ( Chapter 16 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The board must research investment options for members, including whether to create an option for investment in the Section 20200 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 16. Deferred Compensation [21670 - 21685] ( Chapter 16 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21673. (a) The investment fund options under subdivision (b) of Section 21672 may include, but not be limited to, any or all of the following: (1) Mortgage-backed securities funds, including securities backed by California residential real estate mortgages. (2) Equity funds. (3) Balanced funds. (4) Corporate bond funds. (5) Government bond funds. (6) Stable principal funds, including certificates of deposit and money market accounts. (7) Guaranteed investment contracts. (b) The board shall research any one or combination of investment options for offer to members, including the feasibility of creating an option for investment in the program established under Section 20200. (Amended by Stats. 1996, Ch. 906, Sec. 199. Effective January 1, 1997.)
  176. 21674.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 16. Deferred Compensation [21670 - 21685] ( Chapter 16 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The board and the Department of Human Resources must use a written interagency agreement for certain investment fund options. Participating employers must sign a written contract with the board, and participants must enter required contractual agreements to take part in a tax-preferred retirement savings 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 16. Deferred Compensation [21670 - 21685] ( Chapter 16 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21674. (a) Investment fund options under subdivision (a) of Section 21672 shall be provided through a written interagency agreement between the board and the Department of Human Resources. (b) Except for investments made pursuant to subdivision (a), participating employers shall enter into a written contractual agreement with the board. (c) Participants shall enter into contractual agreements that are required to effectuate participation in a tax-preferred retirement savings program, including employees participating under a program described in subdivision (a) or (b) of Section 21671, or any other program that provides for the deferral of compensation program or written salary reduction agreements with their employers, for the purpose of making deferrals or for annuity contracts. (Amended by Stats. 2012, Ch. 665, Sec. 147. (SB 1308) Effective January 1, 2013.)
  177. 21675.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 16. Deferred Compensation [21670 - 21685] ( Chapter 16 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Employers and plan participants must pay all development and administration costs of tax-preferred retirement savings programs.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 16. Deferred Compensation [21670 - 21685] ( Chapter 16 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21675. All development and administration costs of tax-preferred retirement savings programs shall be paid by employers and plan participants. (Amended by Stats. 2010, Ch. 639, Sec. 12. (SB 1139) Effective January 1, 2011.)
  178. 21676.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 16. Deferred Compensation [21670 - 21685] ( Chapter 16 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The board may set up and use accounts, trusts, and similar vehicles for the fund, hire banks or trust companies to hold or service them, and the fund’s money is continuously appropriated to the board for this chapter.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 16. Deferred Compensation [21670 - 21685] ( Chapter 16 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21676. The Public Employees’ Deferred Compensation Fund is hereby established. Notwithstanding any other provision of law, the board may: (a) Establish one or more accounts, trusts, group trusts, or similar vehicles within the fund. (b) Retain a bank, trust company, or similar entity to serve as repository of the fund, or of any account, trust, group trust, or other similar vehicle within the fund. The board may also retain a bank or trust company to serve as a custodian for safekeeping, recordkeeping, delivery, securities valuation, investment performance reporting, or other services in connection with investment of the fund or of any account, trust, group trust, or similar vehicle within the fund. Notwithstanding Section 13340, all moneys in the fund are continuously appropriated, without regard to fiscal years, to the board to carry out the purposes of this chapter. (Amended by Stats. 2010, Ch. 639, Sec. 13. (SB 1139) Effective January 1, 2011.)
  179. 21677.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 16. Deferred Compensation [21670 - 21685] ( Chapter 16 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section sets out where the Public Employees’ Deferred Compensation Fund comes from and gives the board control over administering and investing 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 16. Deferred Compensation [21670 - 21685] ( Chapter 16 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21677. The Public Employees’ Deferred Compensation Fund shall consist of the following sources and receipts, for which disbursements shall be accounted for as set forth below: (a) Fees determined by the board and paid by employers and plan participants for the cost of administering the tax-preferred retirement savings programs. (b) Asset management fees as determined by the board assessed against investment earnings of investment options or other investment funds provided by the board to either the state or other public employers. Asset management fees shall be disclosed to participants. (c) (1) Deferrals or contributions to be paid monthly by participating employers or participants for investment by the board pursuant to this chapter. The moneys shall be deposited in the appropriate account, trust, group trust, or similar vehicle within the Public Employees’ Deferred Compensation Fund, and invested in accordance with the fund option or fund selected by the participants. (2) Deferrals or contributions paid by a contracting agency shall be paid through an electronic funds transfer method prescribed by the board. This payment requirement is effective upon declaration by the board. (3) A contracting agency that is unable, for good cause, to comply with paragraph (2), may apply to the board for a waiver that allows the agency to pay in an alternate manner as prescribed by the board, but not by credit card payment. (d) Disbursements shall be paid from the appropriate account, trust, group trust, or similar vehicle within the Public Employees’ Deferred Compensation Fund, in accordance with the provisions of this chapter, the documents and instruments governing the tax-preferred retirement savings program, and current federal law pertaining to tax-preferred savings programs. (e) The board shall offer a savings account equivalent program among those deferred compensation accounts made payable to participants. (f) Net earnings on the Public Employees’ Deferred Compensation Fund shall be credited to the appropriate account, trust, group trust, or similar vehicle. Participant accounts shall be individually posted to reflect net asset value for each fund in which the participant invests. (g) The board has the exclusive control of the administration and investment of the Public Employees’ Deferred Compensation Fund. (Amended by Stats. 2010, Ch. 639, Sec. 14. (SB 1139) Effective January 1, 2011.)
  180. 21678.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 16. Deferred Compensation [21670 - 21685] ( Chapter 16 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The board may spend money from a specified fund account, if another statute authorizes it, for retirement-benefit studies, startup benefit programs, positions, or employee 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 16. Deferred Compensation [21670 - 21685] ( Chapter 16 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21678. The board, if authorized by another statute, may make expenditures from the asset management and services account in the Public Employees’ Deferred Compensation Fund to conduct studies of other retirement-related benefits for the participants in this system, expend moneys to start up new retirement-related benefit programs for participants, to fund positions, or compensate employees. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  181. 21679.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 16. Deferred Compensation [21670 - 21685] ( Chapter 16 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Officers and employees of the system must act solely in participants’ interest when administering the tax-preferred retirement savings 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 16. Deferred Compensation [21670 - 21685] ( Chapter 16 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21679. The officers and employees of this system shall discharge their duties with respect to the tax-preferred retirement savings program solely in the interest of the participants in the following manner: (a) For the exclusive purpose of providing tax-preferred retirement savings to participants and defraying reasonable expenses of administering the program. (b) In the selection of investment options with the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with those matters would use in the conduct of an enterprise of a like character and with like aims. (c) By diversifying the investment options available to participants so as to minimize the risk of large losses and by using reasonable diligence to accurately inform all employees and participants as to all options. (d) In accordance with the documents and instruments governing the programs insofar as those documents and instruments are consistent with this chapter. (Amended by Stats. 2010, Ch. 639, Sec. 15. (SB 1139) Effective January 1, 2011.)
  182. 21680.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 16. Deferred Compensation [21670 - 21685] ( Chapter 16 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    System officers and employees generally may not make prohibited transactions involving a tax-preferred retirement savings program when they know or should know the transaction falls within the listed conduct.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 16. Deferred Compensation [21670 - 21685] ( Chapter 16 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21680. Except as otherwise provided by law, the officers and employees of this system shall not engage in a transaction with regard to a tax-preferred retirement savings program if they know or should know that the transaction constitutes, directly or indirectly, any of the following: (a) The sale, exchange, or leasing of any property from the program to a participant for less than adequate consideration, or from a participant to the program for more than adequate consideration. (b) The lending of money or other extension of credit from the program to a participant without the receipt of adequate security and a reasonable rate of interest, or from a participant to the program with the provision of excessive security or an unreasonably high rate of interest. (c) The furnishing of goods, services, or facilities from the program to a participant for less than adequate consideration, or from a participant to the program for more than adequate consideration. (d) The transfer to, or use by or for the benefit of, a participant of any assets of the program for less than adequate consideration. (Amended by Stats. 2010, Ch. 639, Sec. 16. (SB 1139) Effective January 1, 2011.)
  183. 21681.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 16. Deferred Compensation [21670 - 21685] ( Chapter 16 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Officers and employees of this system must not use program assets for their own benefit, act for adverse parties in transactions involving the program, or accept consideration or gifts from parties dealing with the program in such transactions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 16. Deferred Compensation [21670 - 21685] ( Chapter 16 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21681. The officers and employees of this system shall not do any of the following: (a) Deal with the assets of the program in their own interest or for their own account. (b) In their individual or in any other capacity, act in any transaction involving the program on behalf of a party, or represent a party, whose interests are adverse to the interests of the program or the interests of the participants. (c) Receive any consideration for their personal account, or any gift, from any party dealing with the program in connection with a transaction involving the assets of the program. (Amended by Stats. 2010, Ch. 639, Sec. 17. (SB 1139) Effective January 1, 2011.)
  184. 21682.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 16. Deferred Compensation [21670 - 21685] ( Chapter 16 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This chapter does not bar officers and employees of this system from joining a tax-preferred retirement savings 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 16. Deferred Compensation [21670 - 21685] ( Chapter 16 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21682. This chapter shall not be construed to prohibit officers and employees of this system from participating in a tax-preferred retirement savings program, on the same terms as other state employees or participants. (Amended by Stats. 2010, Ch. 639, Sec. 18. (SB 1139) Effective January 1, 2011.)
  185. 21683.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 16. Deferred Compensation [21670 - 21685] ( Chapter 16 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The system may require certain contract or appointed investment managers and recordkeepers to follow the duties listed in Section 21679.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 16. Deferred Compensation [21670 - 21685] ( Chapter 16 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21683. This system may require an investment manager or recordkeeper under contract with, or appointed by, this system be subject to the duties set forth in Section 21679. (Amended by Stats. 2010, Ch. 639, Sec. 19. (SB 1139) Effective January 1, 2011.)
  186. 21684.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 16. Deferred Compensation [21670 - 21685] ( Chapter 16 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section says the article does not reduce the personal liability of system officers and employees for criminal acts or gross negligence.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 16. Deferred Compensation [21670 - 21685] ( Chapter 16 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21684. Nothing in this article is intended to lessen the scope of personal liability of the officers and employees of this system as it pertains to acts or conduct of a criminal nature or acts or conduct constituting gross negligence. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  187. 21685.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 16. Deferred Compensation [21670 - 21685] ( Chapter 16 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section defines “participating employer,” “employer,” and “participant” for the chapter.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 16. Deferred Compensation [21670 - 21685] ( Chapter 16 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21685. Notwithstanding any other provision of this part, the following definitions govern the construction of this chapter: (a) “Participating employer” means any California public agency, including, but not limited to, any office of the county superintendent of schools, school district, community college district, or public agency defined by Section 20056 that has elected to contract for a tax-preferred retirement savings program for any or all of its employees. (b) “Employer” means any city, county, city and county, district, school district, community college district, county superintendent of schools, and other public authority or body within this state. (c) “Participant” means any person enrolled in a tax-preferred retirement savings program established by this chapter. (Amended by Stats. 2010, Ch. 639, Sec. 20. (SB 1139) Effective January 1, 2011.)
  188. 21690.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 17. Complementary Health Premium Program for Retired Members [21690 - 21692] ( Chapter 17 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section defines “complementary health premium” as an additional premium paid by certain retired 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 17. Complementary Health Premium Program for Retired Members [21690 - 21692] ( Chapter 17 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21690. As used in this part, “complementary health premium” means the additional premium paid by retired members whose health insurance premiums are paid under Section 21264 and whose allowances fall below the premium required to continue the health benefit plan coverage provided by their employers. (Added by Stats. 2005, Ch. 328, Sec. 18. Effective January 1, 2006.)
  189. 21691.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 17. Complementary Health Premium Program for Retired Members [21690 - 21692] ( Chapter 17 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    Some retired members may keep their health coverage by paying the remaining premium and administrative costs to the board, and they must pay quarterly in advance.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 17. Complementary Health Premium Program for Retired Members [21690 - 21692] ( Chapter 17 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21691. (a) Any retired member whose health insurance premium is paid under Section 21264 and whose allowance is not sufficient to pay his or her contributions for the health benefit plan coverage provided by his or her employer may continue that coverage by paying to the board the balance of the premium owed plus administrative costs, as determined by the board. (b) The retired member shall pay the complementary health premium by remitting to the board quarterly payments in advance. (c) The board has no duty to identify, locate, or notify any retired member who may be eligible for programs established by this chapter. (d) All moneys received pursuant to this chapter shall be deposited in the Public Employees’ Contingency Reserve Fund established by Section 22910. (Added by Stats. 2005, Ch. 328, Sec. 19. Effective January 1, 2006.)
  190. 21692.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 17. Complementary Health Premium Program for Retired Members [21690 - 21692] ( Chapter 17 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The board may charge participating retired members who choose to pay the complementary health premium a one-time setup charge and a monthly maintenance charge, and those members must pay the program’s development and administrative 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 17. Complementary Health Premium Program for Retired Members [21690 - 21692] ( Chapter 17 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 21692. (a) The board may charge each participating retired member who elects to pay the complementary health premium a one-time setup charge and a monthly maintenance charge, in amounts sufficient to ensure the ongoing support of the program. (b) All development and administrative costs of the program shall be paid by the participating retired members. (Added by Stats. 2005, Ch. 328, Sec. 20. Effective January 1, 2006.)
  191. 21700.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 18. California Public Employees Retirement System School Employees Alternative System [21700 - 21703] ( Chapter 18 added by Stats. 1997, Ch. 951, Sec. 10. )

    Verify source ↗

    The board may create a plan for certain classified school employees excluded from this retirement system, and the plan must be offered on board-set terms and conditions, unless participation is limited by a memorandum of understanding between the employer and employees.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 18. California Public Employees Retirement System School Employees Alternative System [21700 - 21703] ( Chapter 18 added by Stats. 1997, Ch. 951, Sec. 10. ) ## 21700. The board may establish a plan for classified school employees who are excluded from membership in this system pursuant to Section 20305. The plan shall be made available under terms and conditions established by the board, except to the extent participation is subject to any memorandums of understanding between the employer and the employees. (Added by Stats. 1997, Ch. 951, Sec. 10. Effective January 1, 1998.)
  192. 21701.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 18. California Public Employees Retirement System School Employees Alternative System [21700 - 21703] ( Chapter 18 added by Stats. 1997, Ch. 951, Sec. 10. )

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    The plan must be designed and implemented to comply with applicable federal Internal Revenue Code provisions and IRS regulations and guidelines.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 18. California Public Employees Retirement System School Employees Alternative System [21700 - 21703] ( Chapter 18 added by Stats. 1997, Ch. 951, Sec. 10. ) ## 21701. The plan shall be designed and implemented to comply with pertinent provisions of the federal Internal Revenue Code and federal Internal Revenue Service regulations and guidelines. (Added by Stats. 1997, Ch. 951, Sec. 10. Effective January 1, 1998.)
  193. 21702.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 18. California Public Employees Retirement System School Employees Alternative System [21700 - 21703] ( Chapter 18 added by Stats. 1997, Ch. 951, Sec. 10. )

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    The board may create a plan fund, hire a bank or trust company to hold or safeguard it, and controls the fund’s administration and investment.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 18. California Public Employees Retirement System School Employees Alternative System [21700 - 21703] ( Chapter 18 added by Stats. 1997, Ch. 951, Sec. 10. ) ## 21702. Notwithstanding any other provision of law, the board may establish a plan fund, and retain a bank or trust company to serve as repository of the fund. The board may also retain a bank or trust company to serve as a custodian for safekeeping, recordkeeping, delivery, securities valuation, investment performance reporting, or other services in connection with investment of the fund. The board has exclusive control of the administration and investment of the fund. Notwithstanding Section 13340, all moneys in the plan fund are continuously appropriated, without regard to fiscal years, for the purposes of this chapter. (Added by Stats. 1997, Ch. 951, Sec. 10. Effective January 1, 1998.)
  194. 21703.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 18. California Public Employees Retirement System School Employees Alternative System [21700 - 21703] ( Chapter 18 added by Stats. 1997, Ch. 951, Sec. 10. )

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    School employers and members must pay the development and administration costs of the alternative retirement plan, as the board determines.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 18. California Public Employees Retirement System School Employees Alternative System [21700 - 21703] ( Chapter 18 added by Stats. 1997, Ch. 951, Sec. 10. ) ## 21703. All development and administration costs of the alternative retirement plan authorized by this chapter shall be paid by school employers and members, as determined by the board. (Amended by Stats. 2000, Ch. 882, Sec. 2. Effective January 1, 2001.)
  195. 21710.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 19. California Employers’ Pension Prefunding Trust Program [21710 - 21716] ( Chapter 19 added by Stats. 2018, Ch. 665, Sec. 1. )

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    This section defines key terms used in the chapter, including participating employer, prefunding plan, and required pension 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 19. California Employers’ Pension Prefunding Trust Program [21710 - 21716] ( Chapter 19 added by Stats. 2018, Ch. 665, Sec. 1. ) ## 21710. For purposes of this chapter, the following definitions shall apply: (a) “Participating employer” means an employer that is authorized and has elected to participate in the prefunding plan. (b) “Prefunding plan” means the California Employers’ Pension Prefunding Trust Fund, a trust fund administered by the board, for the purpose of investing employer payments toward their required pension contributions to a defined benefit pension plan and that is intended to meet the requirements of Section 115 of the Internal Revenue Code. (c) “Required pension contributions” means future contributions to a defined benefit pension plan required to fund the present value of plan benefits, calculated in compliance with Actuarial Standards of Practice of the American Academy of Actuaries. (Amended by Stats. 2019, Ch. 330, Sec. 17. (SB 782) Effective January 1, 2020.)
  196. 21711.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 19. California Employers’ Pension Prefunding Trust Program [21710 - 21716] ( Chapter 19 added by Stats. 2018, Ch. 665, Sec. 1. )

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    The board administers and invests the California Employers’ Pension Prefunding Trust Fund, and income earned on the fund must be credited back to it.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 19. California Employers’ Pension Prefunding Trust Program [21710 - 21716] ( Chapter 19 added by Stats. 2018, Ch. 665, Sec. 1. ) ## 21711. (a) The California Employers’ Pension Prefunding Trust Fund is hereby established as a special trust fund in the State Treasury for the purpose of allowing state and local public agency employers that provide a defined benefit pension plan to their employees to prefund their required pension contributions. Notwithstanding Section 13340, all moneys in the California Employers’ Pension Prefunding Trust Fund are continuously appropriated to the board without regard to fiscal years to carry out the purpose of this chapter, consistent with the board’s fiduciary duty. (b) The board shall have the sole and exclusive control of the administration and investment of the California Employers’ Pension Prefunding Trust Fund and shall have the authority to make investments pursuant to Part 3 (commencing with Section 20000). (c) Income, of whatever nature, earned on the California Employers’ Pension Prefunding Trust Fund, shall be credited to the fund. (d) Notwithstanding subdivision (b), the board shall offer participating employers investment options for funds in the California Employers’ Pension Prefunding Trust Fund consisting of cost-effective, diversified investment portfolios that do not exceed the risk and return profiles of the investment options available for the investment of funds in the Annuitants’ Health Care Coverage Fund, administratively referred to as the California Employers’ Retiree Benefit Trust Fund, established pursuant to Section 22940. (Added by Stats. 2018, Ch. 665, Sec. 1. (SB 1413) Effective January 1, 2019.)
  197. 21712.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 19. California Employers’ Pension Prefunding Trust Program [21710 - 21716] ( Chapter 19 added by Stats. 2018, Ch. 665, Sec. 1. )

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    Each participating employer must pay an amount for plan administrative and asset management costs, capped at the reasonable administrative costs determined by the board. The board must deposit those received amounts into the California Employers’ Pension Prefunding Trust Fund.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 19. California Employers’ Pension Prefunding Trust Program [21710 - 21716] ( Chapter 19 added by Stats. 2018, Ch. 665, Sec. 1. ) ## 21712. Each participating employer shall pay an amount, not to exceed the reasonable administrative costs, as determined by the board, for administrative and asset management of the prefunding plan established by this chapter. The board shall deposit to the credit of the California Employers’ Pension Prefunding Trust Fund all amounts received by the board for those administrative and asset management costs. (Added by Stats. 2018, Ch. 665, Sec. 1. (SB 1413) Effective January 1, 2019.)
  198. 21713.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 19. California Employers’ Pension Prefunding Trust Program [21710 - 21716] ( Chapter 19 added by Stats. 2018, Ch. 665, Sec. 1. )

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    An employer authorized by the board may choose to participate in the prefunding plan.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 19. California Employers’ Pension Prefunding Trust Program [21710 - 21716] ( Chapter 19 added by Stats. 2018, Ch. 665, Sec. 1. ) ## 21713. An employer authorized by the board may elect to participate in the prefunding plan established by this chapter. (Added by Stats. 2018, Ch. 665, Sec. 1. (SB 1413) Effective January 1, 2019.)
  199. 21714.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 19. California Employers’ Pension Prefunding Trust Program [21710 - 21716] ( Chapter 19 added by Stats. 2018, Ch. 665, Sec. 1. )

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    The board may allow an employer to join the prefunding plan, and the employer’s governing body must sign a contract with the board setting the participation terms.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 19. California Employers’ Pension Prefunding Trust Program [21710 - 21716] ( Chapter 19 added by Stats. 2018, Ch. 665, Sec. 1. ) ## 21714. The board may, in its discretion and upon terms and conditions set by the board, authorize an employer to participate in the prefunding plan established by this chapter. The governing body of a participating employer shall enter into a contract with the board, setting forth the terms and conditions of that employer’s participation in the prefunding plan, including, but not limited to, funding, expenditures, and actuarial, accounting, reporting, and investment considerations. (Added by Stats. 2018, Ch. 665, Sec. 1. (SB 1413) Effective January 1, 2019.)
  200. 21714.5.

    ## 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 19. California Employers’ Pension Prefunding Trust Program [21710 - 21716] ( Chapter 19 added by Stats. 2018, Ch. 665, Sec. 1. )

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    An employer may request a disbursement from its trust fund account and direct the funds into the retirement fund, subject to board-established terms and conditions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 19. California Employers’ Pension Prefunding Trust Program [21710 - 21716] ( Chapter 19 added by Stats. 2018, Ch. 665, Sec. 1. ) ## 21714.5. Pursuant to terms and conditions established by the board, an employer may request a disbursement of funds from its account in the California Employers’ Pension Prefunding Trust Fund, as set forth in Section 21711, and transfer those funds directly into the Public Employees’ Retirement Fund, as set forth in Section 20170. The board shall certify to the Controller the total amount to be transferred and the Controller shall transfer that amount from the California Employers’ Pension Prefunding Trust Fund to the Public Employees’ Retirement Fund. (Added by Stats. 2023, Ch. 159, Sec. 5. (SB 885) Effective January 1, 2024.)

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