Government Code — Part 92 | GOV — United States — California law | Esheria

Government Code

Part 92 of 107 · provisions 18,201–18,400

This act is named the Government Code.

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About this statute

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

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Provisions of Government Code

Showing 200 of 21,333

  1. 7306.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17.7. Open-Space Land Dedication [7301 - 7309] ( Heading of Chapter 17.7 renumbered from Chapter 17.5 (as added by Stats. 1978, Ch. 1144) by Stats. 1979, Ch. 373. )

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    If an offer of land is accepted under this chapter, the secretary must send certification of that acceptance to the Controller.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17.7. Open-Space Land Dedication [7301 - 7309] ( Heading of Chapter 17.7 renumbered from Chapter 17.5 (as added by Stats. 1978, Ch. 1144) by Stats. 1979, Ch. 373. ) ## 7306. Upon acceptance of an offer of land pursuant to this chapter, the secretary shall forward appropriate certification of such acceptance to the Controller. (Amended by Stats. 1982, Ch. 220, Sec. 3.)
  2. 7307.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17.7. Open-Space Land Dedication [7301 - 7309] ( Heading of Chapter 17.7 renumbered from Chapter 17.5 (as added by Stats. 1978, Ch. 1144) by Stats. 1979, Ch. 373. )

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    Land accepted by the state under this chapter must be kept and preserved forever as open-space land, unless Section 7308 allows otherwise.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17.7. Open-Space Land Dedication [7301 - 7309] ( Heading of Chapter 17.7 renumbered from Chapter 17.5 (as added by Stats. 1978, Ch. 1144) by Stats. 1979, Ch. 373. ) ## 7307. Land accepted by the state pursuant to this chapter shall be maintained and preserved in perpetuity as open-space land, except as provided in Section 7308. (Added by Stats. 1978, Ch. 1144.)
  3. 7308.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17.7. Open-Space Land Dedication [7301 - 7309] ( Heading of Chapter 17.7 renumbered from Chapter 17.5 (as added by Stats. 1978, Ch. 1144) by Stats. 1979, Ch. 373. )

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    State land received under this chapter may be transferred only when the secretary finds the state has received comparable land, or money plus land, equal in value to the land being transferred, unless acceptance terms or land encumbrances provide otherwise.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17.7. Open-Space Land Dedication [7301 - 7309] ( Heading of Chapter 17.7 renumbered from Chapter 17.5 (as added by Stats. 1978, Ch. 1144) by Stats. 1979, Ch. 373. ) ## 7308. Unless otherwise provided in the terms of acceptance or prohibited by encumbrances on the land, real property conveyed to the state under this chapter may be conveyed, transferred, exchanged, or granted only if the secretary finds that the state has received in exchange land of comparable significance or a combination of money and land of comparable significance, at least equal to the fair market value of the land conveyed, transferred, exchanged, or granted. The findings of the secretary as to land of comparable significance or of money and land of comparable significance, and of fair market value, shall be conclusively presumed in favor of any person to whom the land is conveyed, transferred, exchanged, or granted. (Amended by Stats. 1979, Ch. 195.)
  4. 7309.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17.7. Open-Space Land Dedication [7301 - 7309] ( Heading of Chapter 17.7 renumbered from Chapter 17.5 (as added by Stats. 1978, Ch. 1144) by Stats. 1979, Ch. 373. )

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    Inheritance tax on land offered to the state under this chapter is not delinquent until 160 days after the secretary receives the offer.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17.7. Open-Space Land Dedication [7301 - 7309] ( Heading of Chapter 17.7 renumbered from Chapter 17.5 (as added by Stats. 1978, Ch. 1144) by Stats. 1979, Ch. 373. ) ## 7309. Notwithstanding Section 14103 of the Revenue and Taxation Code, inheritance tax imposed on land offered to the state pursuant to this chapter shall not be delinquent until 160 days after receipt of an offer by the secretary. (Added by Stats. 1978, Ch. 1144.)
  5. 7310.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17.8. Housing Contracts [7310 - 7311] ( Chapter 17.8 added by Stats. 2017, Ch. 17, Sec. 6. )

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    Some local governments and local law enforcement agencies may not enter into new federal contracts, or expand existing ones, for housing or detaining noncitizens in locked local detention facilities for civil immigration custody.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17.8. Housing Contracts [7310 - 7311] ( Chapter 17.8 added by Stats. 2017, Ch. 17, Sec. 6. ) ## 7310. (a) A city, county, city and county, or local law enforcement agency that does not, as of June 15, 2017, have a contract with the federal government or any federal agency to detain adult noncitizens for purposes of civil immigration custody, is prohibited from entering into a contract with the federal government or any federal agency, to house or detain in a locked detention facility owned and operated by a local entity, noncitizens for purposes of civil immigration custody. (b) A city, county, city and county, or local law enforcement agency that, as of June 15, 2017, has an existing contract with the federal government or any federal agency to detain adult noncitizens for purposes of civil immigration custody, shall not renew or modify that contract in such a way as to expand the maximum number of contract beds that may be utilized to house or detain in a locked detention facility noncitizens for purposes of civil immigration custody. (Amended by Stats. 2017, Ch. 363, Sec. 4. (SB 112) Effective September 28, 2017.)
  6. 7311.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17.8. Housing Contracts [7310 - 7311] ( Chapter 17.8 added by Stats. 2017, Ch. 17, Sec. 6. )

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    Some local public agencies may not start or expand federal contracts to house minors in locked detention facilities, with a narrow exception for certain temporary less restrictive housing.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17.8. Housing Contracts [7310 - 7311] ( Chapter 17.8 added by Stats. 2017, Ch. 17, Sec. 6. ) ## 7311. (a) A city, county, city and county, or local law enforcement agency that does not, as of June 15, 2017, have a contract with the federal government or any federal agency to house or detain any accompanied or unaccompanied minor in the custody of or detained by the federal Office of Refugee Resettlement or the United States Immigration and Customs Enforcement is prohibited from entering into a contract with the federal government or any federal agency to house minors in a locked detention facility. (b) A city, county, city and county, or local law enforcement agency that, as of June 15, 2017, has an existing contract with the federal government or any federal agency to house or detain any accompanied or unaccompanied minor in the custody of or detained by the federal Office of Refugee Resettlement or the United States Immigration and Customs Enforcement shall not renew or modify that contract in such a way as to expand the maximum number of contract beds that may be utilized to house minors in a locked detention facility. (c) This section does not apply to temporary housing of any accompanied or unaccompanied minor in less restrictive settings when the State Department of Social Services certifies a necessity for a contract based on changing conditions of the population in need and if the housing contract meets the following requirements: (1) It is temporary in nature and nonrenewable on a long-term or permanent basis. (2) It meets all applicable federal and state standards for that housing. (Added by Stats. 2017, Ch. 17, Sec. 6. (AB 103) Effective June 27, 2017.)
  7. 7320.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17.95. Private Detention Facilities [7320 - 7321] ( Chapter 17.95 added by Stats. 2020, Ch. 190, Sec. 2. )

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    Private detention facility operators must follow the care and confinement standards in their facility contracts.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17.95. Private Detention Facilities [7320 - 7321] ( Chapter 17.95 added by Stats. 2020, Ch. 190, Sec. 2. ) ## 7320. (a) Any private detention facility operator shall comply with, and adhere to, the detention standards of care and confinement agreed upon in the facility’s contract for operations. (b) (1) “Detention facility” means any facility in which persons are incarcerated or otherwise involuntarily confined for purposes of execution of a punitive sentence imposed by a court or detention pending a trial hearing or other judicial or administrative proceeding. However, a “detention facility” does not include, and this section does not apply to, any of the following: (A) Any facility providing rehabilitative, counseling, treatment, mental health, educational, or medical services to a juvenile that is under the jurisdiction of the juvenile court pursuant to Part 1 (commencing with Section 100) of Division 2 of the Welfare and Institutions Code. (B) Any facility providing evaluation or treatment services to a person who has been detained, or is subject to an order of commitment by a court, pursuant to Section 1026 of the Penal Code, or pursuant to Division 5 (commencing with Section 5000) or Division 6 (commencing with Section 6000) of the Welfare and Institutions Code. (C) Any facility providing educational, vocational, medical, or other ancillary services to an inmate in the custody of, and under the direct supervision of, the Department of Corrections and Rehabilitation or a county sheriff or other law enforcement agency. (D) A residential care facility licensed pursuant to Division 2 (commencing with Section 1200) of the Health and Safety Code. (E) Any school facility used for the disciplinary detention of a pupil. (F) Any facility used for the quarantine or isolation of persons for public health reasons pursuant to Division 105 (commencing with Section 120100) of the Health and Safety Code. (G) Any facility used for the temporary detention of a person detained or arrested by a merchant, private security guard, or other private person pursuant to Section 490.5 or 837 of the Penal Code. (2) “Private detention facility” means a detention facility that is operated by a private, nongovernmental, for-profit entity pursuant to a contract or agreement with a governmental entity. (3) “Private detention facility operator” means any private person, corporation, or business entity that operates a private detention facility. (4) “Detention standards of care and confinement” refers to any regulations, policies, or standards specified in the contract for services in the facility. (5) “Tortious action” means any act or willful misconduct that violates a duty of care, as specified in Section 1714 of the Civil Code. (c) If a private detention facility operator, or agent of a private detention facility, or person acting on behalf of a detention facility operator, commits a tortious action which violates subdivision (a), an individual who has been injured by that tortious action may bring a civil action for relief. In civil actions brought pursuant to this section, the court, in its discretion, may award the prevailing plaintiff reasonable attorney’s fees and costs, including expert witness fees. (Added by Stats. 2020, Ch. 190, Sec. 2. (AB 3228) Effective January 1, 2021.)
  8. 7321.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17.95. Private Detention Facilities [7320 - 7321] ( Chapter 17.95 added by Stats. 2020, Ch. 190, Sec. 2. )

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    A private detention facility operator must follow all local and state public health orders and occupational safety and health regulations.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 17.95. Private Detention Facilities [7320 - 7321] ( Chapter 17.95 added by Stats. 2020, Ch. 190, Sec. 2. ) ## 7321. (a) A private detention facility operator shall comply with, and adhere to, all local and state public health orders and occupational safety and health regulations. (b) As used in this section, “private detention facility operator” and “private detention facility” have the same meaning as in Section 7320. (c) This section shall not be construed to limit or otherwise modify the authority, powers, or duties of state or local public health officers or other officials with regard to state prisons, county jails, or other state or local correctional facilities. (d) This section is declaratory of existing law. (Added by Stats. 2021, Ch. 294, Sec. 2. (AB 263) Effective September 24, 2021.)
  9. 73640.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 10. County-Specific Provisions [73640 - 74988] ( Chapter 10 heading repealed and added by Stats. 2020, Ch. 210, Sec. 29. ) ## ARTICLE 9. El Cajon Judicial District [73640 - 73643] ( Article 9 repealed and added by Stats. 2002, Ch. 784, Sec. 416. )

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    This article applies to the municipal court in a district that includes the Judicial District of El Cajon.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 10. County-Specific Provisions [73640 - 74988] ( Chapter 10 heading repealed and added by Stats. 2020, Ch. 210, Sec. 29. ) ## ARTICLE 9. El Cajon Judicial District [73640 - 73643] ( Article 9 repealed and added by Stats. 2002, Ch. 784, Sec. 416. ) ## 73640. This article applies to the municipal court established in a district embracing the Judicial District of El Cajon. (Repealed and added by Stats. 2002, Ch. 784, Sec. 416. Effective January 1, 2003. Repealed as of January 1, 2074, pursuant to Section 73643.)
  10. 73642.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 10. County-Specific Provisions [73640 - 74988] ( Chapter 10 heading repealed and added by Stats. 2020, Ch. 210, Sec. 29. ) ## ARTICLE 9. El Cajon Judicial District [73640 - 73643] ( Article 9 repealed and added by Stats. 2002, Ch. 784, Sec. 416. )

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    Municipal court judges must receive specified insurance and benefit packages, with one benefit option subject to approval by the board of supervisors.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 10. County-Specific Provisions [73640 - 74988] ( Chapter 10 heading repealed and added by Stats. 2020, Ch. 210, Sec. 29. ) ## ARTICLE 9. El Cajon Judicial District [73640 - 73643] ( Article 9 repealed and added by Stats. 2002, Ch. 784, Sec. 416. ) ## 73642. (a) In addition to any other compensation and benefits, each judge of the municipal court shall receive the same life insurance, accidental death and dismemberment insurance, comprehensive annual physical examinations, executive flexible benefits plan, except that if deferred compensation is selected, no adjustment based on retirement tier shall apply, and dental and vision insurance as provided by the County of San Diego for the classification of chief administrative officer. Changes in these benefits shall be effective on the same date as those for the classification of chief administrative officer. (b) Subject to approval by the board of supervisors, each judge of the municipal court shall receive one or more of the following benefits: the same long-term disability insurance as provided by the County of San Diego for the classification of chief administrative officer or retiree health benefits whereby each judge of the municipal court serving on or after October 1, 1987, who retires from the municipal court on or after January 1, 1989, shall receive the same amount of insurance premium for retiree health benefits under the Public Employees’ Medical and Hospital Care Act (Part 5 (commencing with Section 22750) of Title 2) that the state provides to retired superior court judges under that act. (Amended by Stats. 2004, Ch. 69, Sec. 28. Effective June 24, 2004. Repealed as of January 1, 2074, pursuant to Section 73643.)
  11. 73643.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 10. County-Specific Provisions [73640 - 74988] ( Chapter 10 heading repealed and added by Stats. 2020, Ch. 210, Sec. 29. ) ## ARTICLE 9. El Cajon Judicial District [73640 - 73643] ( Article 9 repealed and added by Stats. 2002, Ch. 784, Sec. 416. )

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    This article stays in force until January 1, 2074, when it is repealed.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 10. County-Specific Provisions [73640 - 74988] ( Chapter 10 heading repealed and added by Stats. 2020, Ch. 210, Sec. 29. ) ## ARTICLE 9. El Cajon Judicial District [73640 - 73643] ( Article 9 repealed and added by Stats. 2002, Ch. 784, Sec. 416. ) ## 73643. (a) This article shall remain in effect only until January 1, 2074, and as of that date is repealed. (b) The repeal of this article does not affect any right or benefit to which a person was entitled on the date of repeal. (Added by Stats. 2023, Ch. 478, Sec. 48. (AB 1756) Effective January 1, 2024. Repealed as of January 1, 2074, by its own provisions. Note: Repeal affects Article 9, commencing with Section 73640.)
  12. 73758.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 10. County-Specific Provisions [73640 - 74988] ( Chapter 10 heading repealed and added by Stats. 2020, Ch. 210, Sec. 29. ) ## ARTICLE 11.6. Madera County [73758- 73758.] ( Article 11.6 repealed and added by Stats. 2002, Ch. 784, Sec. 427. )

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    The Sheriff of Madera County must arrange transportation for certain prisoners and must contract with the county department of corrections to provide those services.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 10. County-Specific Provisions [73640 - 74988] ( Chapter 10 heading repealed and added by Stats. 2020, Ch. 210, Sec. 29. ) ## ARTICLE 11.6. Madera County [73758- 73758.] ( Article 11.6 repealed and added by Stats. 2002, Ch. 784, Sec. 427. ) ## 73758. The Sheriff of Madera County shall be responsible for the transportation of prisoners held in the county’s adult correctional facility to and from necessary court appearances, medical and dental trips, and transfers to or from local, state, or federal correctional facilities. To meet this responsibility, the Sheriff of Madera County shall contract with the county department of corrections, pursuant to Section 831.6 of the Penal Code, to provide these transportation services by qualified personnel of the county department of corrections. (Repealed and added by Stats. 2002, Ch. 784, Sec. 427. Effective January 1, 2003.)
  13. 73950.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 10. County-Specific Provisions [73640 - 74988] ( Chapter 10 heading repealed and added by Stats. 2020, Ch. 210, Sec. 29. ) ## ARTICLE 16. North County Judicial District [73950 - 73953] ( Article 16 repealed and added by Stats. 2002, Ch. 784, Sec. 439. )

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    This article applies to the Municipal Court of the North County Judicial District.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 10. County-Specific Provisions [73640 - 74988] ( Chapter 10 heading repealed and added by Stats. 2020, Ch. 210, Sec. 29. ) ## ARTICLE 16. North County Judicial District [73950 - 73953] ( Article 16 repealed and added by Stats. 2002, Ch. 784, Sec. 439. ) ## 73950. This article applies to the Municipal Court of the North County Judicial District. (Repealed and added by Stats. 2002, Ch. 784, Sec. 439. Effective January 1, 2003. Repealed as of January 1, 2074, pursuant to Section 73953.)
  14. 73952.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 10. County-Specific Provisions [73640 - 74988] ( Chapter 10 heading repealed and added by Stats. 2020, Ch. 210, Sec. 29. ) ## ARTICLE 16. North County Judicial District [73950 - 73953] ( Article 16 repealed and added by Stats. 2002, Ch. 784, Sec. 439. )

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    Municipal court judges are entitled to specified County of San Diego-style benefits, subject in one part to board of supervisors approval and some date-based conditions.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 10. County-Specific Provisions [73640 - 74988] ( Chapter 10 heading repealed and added by Stats. 2020, Ch. 210, Sec. 29. ) ## ARTICLE 16. North County Judicial District [73950 - 73953] ( Article 16 repealed and added by Stats. 2002, Ch. 784, Sec. 439. ) ## 73952. (a) In addition to any other compensation and benefits, each judge of the municipal court shall receive the same life insurance, accidental death and dismemberment insurance, comprehensive annual physical examinations, executive flexible benefits plan, except that if deferred compensation is selected, no adjustment based on retirement tier shall apply, and dental and vision insurance as provided by the County of San Diego for the classification of chief administrative officer. Changes in these benefits shall be effective on the same date as for those for the classification of chief administrative officer. (b) Subject to approval by the board of supervisors, each judge of the municipal court shall receive one or more of the following benefits: the same long-term disability insurance as provided by the County of San Diego for the classification of chief administrative officer or retiree health benefits whereby each judge of the municipal court serving on or after October 1, 1987, who retires from the municipal court on or after January 1, 1989, shall receive the same amount of insurance premium for retiree health benefits under the Public Employees’ Medical and Hospital Care Act (Part 5 (commencing with Section 22750) of Title 2) that the state provides to retired superior court judges under that act. (Amended by Stats. 2004, Ch. 69, Sec. 29. Effective June 24, 2004. Repealed as of January 1, 2074, pursuant to Section 73953.)
  15. 73953.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 10. County-Specific Provisions [73640 - 74988] ( Chapter 10 heading repealed and added by Stats. 2020, Ch. 210, Sec. 29. ) ## ARTICLE 16. North County Judicial District [73950 - 73953] ( Article 16 repealed and added by Stats. 2002, Ch. 784, Sec. 439. )

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    This article stays in effect until January 1, 2074, when it is repealed.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 10. County-Specific Provisions [73640 - 74988] ( Chapter 10 heading repealed and added by Stats. 2020, Ch. 210, Sec. 29. ) ## ARTICLE 16. North County Judicial District [73950 - 73953] ( Article 16 repealed and added by Stats. 2002, Ch. 784, Sec. 439. ) ## 73953. (a) This article shall remain in effect only until January 1, 2074, and as of that date is repealed. (b) The repeal of this article does not affect any right or benefit to which a person was entitled on the date of repeal. (Added by Stats. 2023, Ch. 478, Sec. 49. (AB 1756) Effective January 1, 2024. Repealed as of January 1, 2074, by its own provisions. Note: Repeal affects Article 16, commencing with Section 73950.)
  16. 7400.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 18. Bidding and Outreach Programs [7400 - 7401] ( Chapter 18 added by Stats. 2016, Ch. 870, Sec. 2. )

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    Governmental agencies are intended to run general recruitment and outreach programs for everyone, including economically disadvantaged people.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 18. Bidding and Outreach Programs [7400 - 7401] ( Chapter 18 added by Stats. 2016, Ch. 870, Sec. 2. ) ## 7400. (a) (1) The Legislature finds and declares that subdivision (a) of Section 31 of Article I of the California Constitution prohibits state and local government agencies from discriminating against or granting preferential treatment to any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, and public contracting. The Legislature finds that this prohibition does not prevent governmental agencies from engaging in inclusive public sector outreach and recruitment programs that, as a component of general recruitment, may include, but not be limited to, focused outreach and recruitment of minority groups and women if any group is underrepresented in entry level positions of a public sector employer. (2) The Legislature also finds and declares that increasing the number of businesses that participate in the bidding process in public contracting results in more vigorous competition, and thus assists state and local agencies in obtaining the desired quality of work at a lower cost. (3) It is the intent of this section that all governmental agencies shall engage in general recruitment and outreach programs to all individuals, including persons who are economically disadvantaged. (b) For purposes of this section, underrepresentation shall be determined by comparing the minority group or the number of women at the governmental agency with that group’s representation in the current civilian labor force in the jurisdiction of the governmental agency. (c) State government employment shall use current state civilian labor force data to implement this section. (d) It is the intent of this section to allow public sector employers to conduct outreach efforts with a goal of supplementing word-of-mouth recruitment that should result in increasing diversity of the public sector workforce. (e) The type of recruitment activities allowed would include, but not be limited to, placement of job announcements in the following media instruments: (1) General circulation newspapers, general circulation publications, and general market radio and television stations, including electronic media. (2) Local and regional community newspapers. (3) Newspapers, publications, and radio and television stations that provide information in languages other than English and whose primary audience is residents of minority and low-income communities. (4) Publications, including electronic media, that are distributed to the general market and to newspapers, publications, and radio and television stations whose primary audience is comprised of minority groups or women. (5) Recruitment booths at job fairs or conferences oriented to both the general market and the economically disadvantaged as well as those events drawing a significant participation by minorities or women. (Added by Stats. 2016, Ch. 870, Sec. 2. (SB 1442) Effective January 1, 2017.)
  17. 7401.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 18. Bidding and Outreach Programs [7400 - 7401] ( Chapter 18 added by Stats. 2016, Ch. 870, Sec. 2. )

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    State and local departments and agencies may use focused outreach, alongside general outreach, when contracting and procuring specified goods and services.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 18. Bidding and Outreach Programs [7400 - 7401] ( Chapter 18 added by Stats. 2016, Ch. 870, Sec. 2. ) ## 7401. (a) The Governor’s Task Force on Diversity and Outreach, in its August 1, 2000, report, concluded that data on minority business participation is not currently available, and that lack of useful data on minority business participation in state contracting is an overarching issue to be addressed. (b) In contracting for and procuring goods, services, information technology, construction, architecture, and engineering consulting, and other consulting services, state and local departments and agencies are authorized to engage in focused outreach activities in addition to general outreach, for purposes of increasing participation by California’s small business sector and increasing diversity in the state’s contracting and procurement activities. (c) Outreach activities may include, but are not limited to, the following: (1) Invitations to bid distributed by state and local departments and agencies to state and local small business and trade associations and chambers of commerce, including ethnic chambers of commerce, and other business and professional associations, including professional minority, women, and disabled veteran-owned businesses and professional groups and associations, as appropriate. (2) Publication of advertising concerning state and local contracting and procurement opportunities in trade papers and other publications focusing on small business enterprises, including publications and newspapers in languages other than English and those whose primary readership is minority, women, or disabled veteran-owned businesses. (3) Outreach by small business advocates in each state or local government department or agency to state and local small business and trade associations and chambers of commerce, including ethnic chambers of commerce, and other business and professional associations, including professional minority, women, and disabled veteran-owned businesses and professional groups and associations, as appropriate. (Added by Stats. 2016, Ch. 870, Sec. 2. (SB 1442) Effective January 1, 2017.)
  18. 7405.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 18.1. Electronic and Information Technology [7405- 7405.] ( Chapter 18.1 added by Stats. 2016, Ch. 870, Sec. 3. )

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    State governmental entities must follow federal accessibility requirements when handling electronic or information technology, and contractors must agree to address accessibility complaints.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 18.1. Electronic and Information Technology [7405- 7405.] ( Chapter 18.1 added by Stats. 2016, Ch. 870, Sec. 3. ) ## 7405. The Legislature finds and declares that the ability to utilize electronic or information technology is often an essential function for successful employment in the current work world. (a) In order to improve accessibility of existing technology, and therefore increase the successful employment of individuals with disabilities, particularly blind and visually impaired and deaf and hard-of-hearing persons, state governmental entities, in developing, procuring, maintaining, or using electronic or information technology, either indirectly or through the use of state funds by other entities, shall comply with the accessibility requirements of Section 508 of the federal Rehabilitation Act of 1973, as amended (29 U.S.C. Sec. 794d), and regulations implementing that act as set forth in Part 1194 of Title 36 of the Federal Code of Regulations. (b) Any entity that contracts with a state or local entity subject to Section 11135 for the provision of electronic or information technology or for the provision of related services shall agree to respond to, and resolve any complaint regarding accessibility of, its products or services that is brought to the attention of the entity. (Added by Stats. 2016, Ch. 870, Sec. 3. (SB 1442) Effective January 1, 2017.)
  19. 74130.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 10. County-Specific Provisions [73640 - 74988] ( Chapter 10 heading repealed and added by Stats. 2020, Ch. 210, Sec. 29. ) ## ARTICLE 20. Riverside County [74130 - 74146] ( Article 20 repealed and added by Stats. 2002, Ch. 784, Sec. 443. )

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    This article applies to municipal courts established in Riverside County.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 10. County-Specific Provisions [73640 - 74988] ( Chapter 10 heading repealed and added by Stats. 2020, Ch. 210, Sec. 29. ) ## ARTICLE 20. Riverside County [74130 - 74146] ( Article 20 repealed and added by Stats. 2002, Ch. 784, Sec. 443. ) ## 74130. This article applies to the municipal courts established in Riverside County. (Repealed and added by Stats. 2002, Ch. 784, Sec. 443. Effective January 1, 2003. Repealed as of January 1, 2074, pursuant to Section 74146.)
  20. 74145.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 10. County-Specific Provisions [73640 - 74988] ( Chapter 10 heading repealed and added by Stats. 2020, Ch. 210, Sec. 29. ) ## ARTICLE 20. Riverside County [74130 - 74146] ( Article 20 repealed and added by Stats. 2002, Ch. 784, Sec. 443. )

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    Municipal court judges must receive the county flexible benefits plan, and they must receive the same long-term disability insurance as other elected county officials if the board of supervisors approves it.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 10. County-Specific Provisions [73640 - 74988] ( Chapter 10 heading repealed and added by Stats. 2020, Ch. 210, Sec. 29. ) ## ARTICLE 20. Riverside County [74130 - 74146] ( Article 20 repealed and added by Stats. 2002, Ch. 784, Sec. 443. ) ## 74145. (a) In addition to any other compensation and benefits, each judge of the municipal court shall receive the county flexible benefits plan. (b) Subject to approval by the board of supervisors, each judge of the municipal court shall receive the same long-term disability insurance as provided by the County of Riverside for other elected county officials. (Repealed and added by Stats. 2002, Ch. 784, Sec. 443. Effective January 1, 2003. Repealed as of January 1, 2074, pursuant to Section 74146.)
  21. 74146.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 10. County-Specific Provisions [73640 - 74988] ( Chapter 10 heading repealed and added by Stats. 2020, Ch. 210, Sec. 29. ) ## ARTICLE 20. Riverside County [74130 - 74146] ( Article 20 repealed and added by Stats. 2002, Ch. 784, Sec. 443. )

    Verify source ↗

    This article sunsets on January 1, 2074, when it is repealed.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 10. County-Specific Provisions [73640 - 74988] ( Chapter 10 heading repealed and added by Stats. 2020, Ch. 210, Sec. 29. ) ## ARTICLE 20. Riverside County [74130 - 74146] ( Article 20 repealed and added by Stats. 2002, Ch. 784, Sec. 443. ) ## 74146. (a) This article shall remain in effect only until January 1, 2074, and as of that date is repealed. (b) The repeal of this article does not affect any right or benefit to which a person was entitled on the date of repeal. (Added by Stats. 2023, Ch. 478, Sec. 50. (AB 1756) Effective January 1, 2024. Repealed as of January 1, 2074, by its own provisions. Note: Repeal affects Article 20, commencing with Section 74130.)
  22. 74340.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 10. County-Specific Provisions [73640 - 74988] ( Chapter 10 heading repealed and added by Stats. 2020, Ch. 210, Sec. 29. ) ## ARTICLE 25. San Diego Judicial District [74340 - 74343] ( Article 25 repealed and added by Stats. 2002, Ch. 784, Sec. 447. )

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    This article applies to the municipal court covering the part of the City of San Diego outside the South Bay Municipal Court District.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 10. County-Specific Provisions [73640 - 74988] ( Chapter 10 heading repealed and added by Stats. 2020, Ch. 210, Sec. 29. ) ## ARTICLE 25. San Diego Judicial District [74340 - 74343] ( Article 25 repealed and added by Stats. 2002, Ch. 784, Sec. 447. ) ## 74340. This article applies to the municipal court established in a district embracing that portion of the City of San Diego not included within the South Bay Municipal Court District. (Repealed and added by Stats. 2002, Ch. 784, Sec. 447. Effective January 1, 2003. Repealed as of January 1, 2074, pursuant to Section 74343.)
  23. 74342.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 10. County-Specific Provisions [73640 - 74988] ( Chapter 10 heading repealed and added by Stats. 2020, Ch. 210, Sec. 29. ) ## ARTICLE 25. San Diego Judicial District [74340 - 74343] ( Article 25 repealed and added by Stats. 2002, Ch. 784, Sec. 447. )

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    Municipal court judges in San Diego are entitled to specified county-linked insurance and benefit packages, subject to some conditions and board approval.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 10. County-Specific Provisions [73640 - 74988] ( Chapter 10 heading repealed and added by Stats. 2020, Ch. 210, Sec. 29. ) ## ARTICLE 25. San Diego Judicial District [74340 - 74343] ( Article 25 repealed and added by Stats. 2002, Ch. 784, Sec. 447. ) ## 74342. (a) In addition to any other compensation and benefits, each judge of the municipal court shall receive the same life insurance, accidental death and dismemberment insurance, comprehensive annual physical examinations, executive flexible benefits plan, except that if deferred compensation is selected, no adjustment based on retirement tier shall apply, and dental and vision insurance as provided by the County of San Diego for the classification of chief administrative officer. Changes in these benefits shall be effective on the same date as for those for the classification of chief administrative officer. (b) Subject to approval by the board of supervisors, each judge of the municipal court shall receive one or more of the following benefits: the same long-term disability insurance as provided by the County of San Diego for the classification of chief administrative officer or retiree health benefits whereby each judge of the municipal court serving on or after October 1, 1987, who retires from the municipal court on or after January 1, 1989, shall receive the same amount of insurance premium for retiree health benefits under the Public Employees’ Medical and Hospital Care Act (Part 5 (commencing with Section 22750) of Title 2) that the state provides to retired superior court judges under that act. (Amended by Stats. 2004, Ch. 69, Sec. 30. Effective June 24, 2004. Repealed as of January 1, 2074, pursuant to Section 74343.)
  24. 74343.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 10. County-Specific Provisions [73640 - 74988] ( Chapter 10 heading repealed and added by Stats. 2020, Ch. 210, Sec. 29. ) ## ARTICLE 25. San Diego Judicial District [74340 - 74343] ( Article 25 repealed and added by Stats. 2002, Ch. 784, Sec. 447. )

    Verify source ↗

    This article stays in force until January 1, 2074, when it is repealed.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 10. County-Specific Provisions [73640 - 74988] ( Chapter 10 heading repealed and added by Stats. 2020, Ch. 210, Sec. 29. ) ## ARTICLE 25. San Diego Judicial District [74340 - 74343] ( Article 25 repealed and added by Stats. 2002, Ch. 784, Sec. 447. ) ## 74343. (a) This article shall remain in effect only until January 1, 2074, and as of that date is repealed. (b) The repeal of this article does not affect any right or benefit to which a person was entitled on the date of repeal. (Added by Stats. 2023, Ch. 478, Sec. 51. (AB 1756) Effective January 1, 2024. Repealed as of January 1, 2074, by its own provisions. Note: Repeal affects Article 25, commencing with Section 74340.)
  25. 7450.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 19. Retirement System Stock Proxy Voting [7450 - 7451] ( Chapter 19 added by Stats. 1975, Ch. 1088. )

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    Certain local agencies that own common stock and use a fiduciary to manage it must ask the fiduciary to send proxies to the agency’s governing body.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 19. Retirement System Stock Proxy Voting [7450 - 7451] ( Chapter 19 added by Stats. 1975, Ch. 1088. ) ## 7450. Every local agency in this state owning common stock and whose stock is by contract managed by a fiduciary shall request such fiduciary to forward any proxies for shares owned by the agency which are to be voted in a corporate election to the governing body of such local agency. “Local agency,” for purposes of this section, includes every county, city, city and county, district, and authority, and each department, division, bureau, board, commission, agency, or instrumentality of any of the foregoing. (Added by Stats. 1975, Ch. 1088.)
  26. 7451.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 19. Retirement System Stock Proxy Voting [7450 - 7451] ( Chapter 19 added by Stats. 1975, Ch. 1088. )

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    Local agencies that own common stock must vote each proxy they return to a corporation, but they may abstain on a corporate or shareholder proposal and notify the corporation in writing.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 19. Retirement System Stock Proxy Voting [7450 - 7451] ( Chapter 19 added by Stats. 1975, Ch. 1088. ) ## 7451. Notwithstanding any other provision of the law, every local agency in this state owning common stock shall, when returning proxies to a corporation, vote each proxy that is returned to the corporation. Nothing in this section shall prohibit a local agency in this state owning common stock from abstaining on a corporate or shareholder proposal and notifying the corporation in writing of the local agency’s desire to abstain on a corporate or shareholder proposal. As used in section “local agency” includes every county, city, city and county, district, and authority, and each department, division, bureau, board, commission, agency, instrumentality or pension or retirement system of any of the foregoing. (Added by Stats. 1977, Ch. 611.)
  27. 7460.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 20. Governmental Access to Financial Records [7460 - 7493] ( Chapter 20 added by Stats. 1976, Ch. 1320. ) ## ARTICLE 1. Declaration of Policy [7460 - 7461] ( Article 1 added by Stats. 1976, Ch. 1320. )

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    This chapter is named the California Right to Financial Privacy Act.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 20. Governmental Access to Financial Records [7460 - 7493] ( Chapter 20 added by Stats. 1976, Ch. 1320. ) ## ARTICLE 1. Declaration of Policy [7460 - 7461] ( Article 1 added by Stats. 1976, Ch. 1320. ) ## 7460. This chapter shall be known as the “California Right to Financial Privacy Act.” (Added by Stats. 1976, Ch. 1320.)
  28. 7461.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 20. Governmental Access to Financial Records [7460 - 7493] ( Chapter 20 added by Stats. 1976, Ch. 1320. ) ## ARTICLE 1. Declaration of Policy [7460 - 7461] ( Article 1 added by Stats. 1976, Ch. 1320. )

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    The Legislature states that confidential relationships between financial institutions and their customers should be preserved and protected, while balancing privacy with the government’s need to obtain information under the chapter’s procedures.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 20. Governmental Access to Financial Records [7460 - 7493] ( Chapter 20 added by Stats. 1976, Ch. 1320. ) ## ARTICLE 1. Declaration of Policy [7460 - 7461] ( Article 1 added by Stats. 1976, Ch. 1320. ) ## 7461. The Legislature finds and declares as follows: (a) Procedures and policies governing the relationship between financial institutions and government agencies have in some cases developed without due regard to citizens’ constitutional rights. (b) The confidential relationships between financial institutions and their customers are built on trust and must be preserved and protected. (c) The purpose of this chapter is to clarify and protect the confidential relationship between financial institutions and their customers and to balance a citizen’s right of privacy with the governmental interest in obtaining information for specific purposes and by specified procedures as set forth in this chapter. (Added by Stats. 1976, Ch. 1320.)
  29. 7465.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 20. Governmental Access to Financial Records [7460 - 7493] ( Chapter 20 added by Stats. 1976, Ch. 1320. ) ## ARTICLE 2. Definitions [7465- 7465.] ( Article 2 added by Stats. 1976, Ch. 1320. )

    Verify source ↗

    This section defines key terms used in the chapter on governmental access to financial records.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 20. Governmental Access to Financial Records [7460 - 7493] ( Chapter 20 added by Stats. 1976, Ch. 1320. ) ## ARTICLE 2. Definitions [7465- 7465.] ( Article 2 added by Stats. 1976, Ch. 1320. ) ## 7465. For the purposes of this chapter: (a) The term “financial institution” includes state and national banks, state and federal savings associations, trust companies, industrial loan companies, and state and federal credit unions. Such term shall not include a title insurer while engaging in the conduct of the “business of title insurance” as defined by Section 12340.3 of the Insurance Code, an underwritten title company, or an escrow company. (b) The term “financial records” means any original or any copy of any record or document held by a financial institution pertaining to a customer of the financial institution. (c) The term “person” means an individual, partnership, corporation, limited liability company, association, trust, or any other legal entity. (d) The term “customer” means any person who has transacted business with or has used the services of a financial institution or for whom a financial institution has acted as a fiduciary. (e) The term “state agency” means every state office, officer, department, division, bureau, board, and commission or other state agency, including the Legislature. (f) The term “local agency” includes a county; city, whether general law or chartered; city and county; school district; municipal corporation; district; political subdivision; or any board, commission or agency thereof; or other local public agency. (g) The term “supervisory agency” means any of the following: (1) The Department of Financial Protection and Innovation. (2) The Controller. (3) The Administrator of Local Agency Security. (4) The Bureau of Real Estate. (5) The Department of Insurance. (h) The term “investigation” includes, but is not limited to, any inquiry by a peace officer, sheriff, or district attorney, or any inquiry made for the purpose of determining whether there has been a violation of any law enforceable by imprisonment, fine, or monetary liability. (i) The term “subpoena” includes subpoena duces tecum. (Amended by Stats. 2022, Ch. 452, Sec. 173. (SB 1498) Effective January 1, 2023.)
  30. 7470.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 20. Governmental Access to Financial Records [7460 - 7493] ( Chapter 20 added by Stats. 1976, Ch. 1320. ) ## ARTICLE 3. Confidentiality of, and Access to, Financial Records [7470 - 7476] ( Article 3 added by Stats. 1976, Ch. 1320. )

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    State and local agency staff generally may not request or receive a customer's financial records from a financial institution unless a listed disclosure basis applies.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 20. Governmental Access to Financial Records [7460 - 7493] ( Chapter 20 added by Stats. 1976, Ch. 1320. ) ## ARTICLE 3. Confidentiality of, and Access to, Financial Records [7470 - 7476] ( Article 3 added by Stats. 1976, Ch. 1320. ) ## 7470. (a) Except as provided in Section 7480, no officer, employee, or agent of a state or local agency or department thereof, in connection with a civil or criminal investigation of a customer, whether or not such investigation is being conducted pursuant to formal judicial or administrative proceedings, may request or receive copies of, or the information contained in, the financial records of any customer from a financial institution unless the financial records are described with particularity and are consistent with the scope and requirements of the investigation giving rise to such request and: (1) Such customer has authorized disclosure to such officer, employee or agent of such state or local agency or department thereof in accordance with Section 7473; or (2) Such financial records are disclosed in response to an administrative subpoena or summons which meets the requirements of Section 7474; or (3) Such financial records are disclosed in response to a search warrant which meets the requirements of Section 7475; or (4) Such financial records are disclosed in response to a judicial subpoena or subpoena duces tecum which meets the requirements of Section 7476. (b) Nothing in this section or in Sections 7473, 7474, 7475, and 7476 shall require a financial institution to inquire or determine that those seeking disclosure have duly complied with the requirements set forth therein, provided only that the customer authorization, administrative subpoena or summons, search warrant, or judicial subpoena or order served on or delivered to a financial institution pursuant to such sections shows compliance on its face. (c) The financial institution shall maintain for a period of five years a record of all examinations or disclosures of the financial records of a customer pursuant to this chapter, including the identity of the person examining the financial records, the state or local agency or department thereof which he represents, and a copy of the customer authorization, subpoena, summons or search warrant providing for such examination or disclosure or a copy of the certification received pursuant to subdivision (b) of Section 7480. Any record maintained pursuant to this subdivision shall be available, within five days of request, during normal business hours for review by the customer at the office or branch where the customer’s account was located when examined or disclosed. A copy of such record shall be furnished to the customer upon request and payment of the reasonable cost thereof. (d) Except as provided in Section 7480, this section is not intended to preclude a state or local law enforcement agency from initiating contact with a financial institution if there is reason to believe that the institution is a victim of a crime. After such contact by a law enforcement agency, if the financial institution believes it is a victim of a crime, it may, in its discretion, disclose relevant financial records pursuant to subdivision (c) of Section 7471. (Amended by Stats. 1978, Ch. 1346.)
  31. 7471.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 20. Governmental Access to Financial Records [7460 - 7493] ( Chapter 20 added by Stats. 1976, Ch. 1320. ) ## ARTICLE 3. Confidentiality of, and Access to, Financial Records [7470 - 7476] ( Article 3 added by Stats. 1976, Ch. 1320. )

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    Financial institutions generally may not give customer financial records to state or local agencies for a civil or criminal investigation, except as allowed by specified provisions. They may also disclose records in limited normal-course situations or, in their discretion, report suspected legal violations to appropriate agencies.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 20. Governmental Access to Financial Records [7460 - 7493] ( Chapter 20 added by Stats. 1976, Ch. 1320. ) ## ARTICLE 3. Confidentiality of, and Access to, Financial Records [7470 - 7476] ( Article 3 added by Stats. 1976, Ch. 1320. ) ## 7471. (a) Except in accordance with requirements of Title 11 (commencing with Section 14160) of Part 4 of the Penal Code or Section 7473, 7474, 7475, or 7476, no financial institution, or any director, officer, employee, or agent of a financial institution, may provide or authorize another to provide to an officer, employee, or agent of a state or local agency or department thereof, any financial records, copies thereof, or the information contained therein, if the director, officer, employee, or agent of the financial institution knows or has reasonable cause to believe that the financial records or information are being requested in connection with a civil or criminal investigation of the customer, whether or not an investigation is being conducted pursuant to formal judicial or administrative proceedings. (b) This section is not intended to prohibit disclosure of the financial records of a customer or the information contained therein incidental to a transaction in the normal course of business of a financial institution if the director, officer, employee, or agent thereof making or authorizing the disclosure has no reasonable cause to believe that the financial records or the information contained in the financial records so disclosed will be used by a state or local agency or department thereof in connection with an investigation of the customer, whether or not an investigation is being conducted pursuant to formal judicial or administrative proceedings. (c) This section shall not preclude a financial institution, in its discretion, from initiating contact with, and thereafter communicating with and disclosing customer financial records to, appropriate state or local agencies concerning suspected violation of any law. (d) A financial institution that refuses to disclose the financial records of a customer, copies thereof, or the information contained therein, in reliance in good faith upon the prohibitions of subdivision (a), or discloses the financial records of a customer, copies thereof, or the information contained therein, in reliance in good faith upon subdivision (c), subdivision (d) of Section 7470, or subdivision (b) of Section 14164 of the Penal Code, shall not be liable to its customer, to a state or local agency, or to any other person for any loss or damage caused in whole or in part by the refusal or the disclosure. (Amended by Stats. 1998, Ch. 757, Sec. 1. Effective January 1, 1999.)
  32. 7473.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 20. Governmental Access to Financial Records [7460 - 7493] ( Chapter 20 added by Stats. 1976, Ch. 1320. ) ## ARTICLE 3. Confidentiality of, and Access to, Financial Records [7470 - 7476] ( Article 3 added by Stats. 1976, Ch. 1320. )

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    Customers may authorize disclosure of financial records, but the authorization must be signed, dated, time-limited, and specific; financial institutions cannot require it as a condition of doing business.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 20. Governmental Access to Financial Records [7460 - 7493] ( Chapter 20 added by Stats. 1976, Ch. 1320. ) ## ARTICLE 3. Confidentiality of, and Access to, Financial Records [7470 - 7476] ( Article 3 added by Stats. 1976, Ch. 1320. ) ## 7473. (a) A customer may authorize disclosure under paragraph (1) of subdivision (a) of Section 7470 if those seeking disclosure furnish to the financial institution a signed and dated statement by which the customer: (1) Authorizes such disclosure for a period to be set forth in the authorization statement; (2) Specifies the name of the agency or department to which disclosure is authorized and, if applicable, the statutory purpose for which the information is to be obtained; and (3) Identifies the financial records which are authorized to be disclosed. (b) No such authorization shall be required by a financial institution as a condition of doing business with such financial institution. (c) Any officer, employee or agent of a state or local agency seeking customer authorization for disclosure of customer financial records shall include in the form which the customer signs granting authorization written notification that the customer has the right at any time to revoke such authorization, except where such authorization is required by statute. (d) (1) An agency or department examining the financial records of a customer pursuant to this section shall notify the customer in writing of such examination within 30 days of the agency or department’s receipt of any of the customer’s financial records, except that by application to a judge of a court of competent jurisdiction in the county in which the records are located upon a showing of good cause to believe that disclosure would impede the investigation, such notification requirements may be extended for two additional 30-day periods. Thereafter, by application to a court upon a showing of extreme necessity for nondisclosure, such notification requirements may be extended for three additional 30-day periods. At the end of that period or periods the agency or department shall inform the customer that he has the right to make a written request as to the reason for such examination. Such notice shall specify the financial records which were examined and, if requested, the reason for such examination. (2) Wherever practicable, an application for an additional extension of notification time shall be made to the judge who granted the first extension of notification time. In deciding whether to grant an extension of the notification time, the judge shall endeavor to provide the customer with prompt notification, consistent with the purpose of this chapter, and on the presumption that prompt notification is the rule and delayed notification the exception. (Amended by Stats. 1978, Ch. 1346.)
  33. 7474.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 20. Governmental Access to Financial Records [7460 - 7493] ( Chapter 20 added by Stats. 1976, Ch. 1320. ) ## ARTICLE 3. Confidentiality of, and Access to, Financial Records [7470 - 7476] ( Article 3 added by Stats. 1976, Ch. 1320. )

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    This section lets certain state or local officers obtain financial records only if the customer is served, the subpoena identifies the agency and purpose, and 10 days pass without a motion to quash.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 20. Governmental Access to Financial Records [7460 - 7493] ( Chapter 20 added by Stats. 1976, Ch. 1320. ) ## ARTICLE 3. Confidentiality of, and Access to, Financial Records [7470 - 7476] ( Article 3 added by Stats. 1976, Ch. 1320. ) ## 7474. (a) An officer, employee, or agent of a state or local agency or department thereof, may obtain financial records under paragraph (2) of subdivision (a) of Section 7470 pursuant to an administrative subpoena or summons otherwise authorized by law and served upon the financial institution only if: (1) The person issuing such administrative summons or subpoena has served a copy of the subpoena or summons on the customer pursuant to Chapter 4 (commencing with Section 413.10) of Title 5 of Part 2 of the Code of Civil Procedure, which copy may be served by an employee of the state or local agency or department thereof; and (2) The subpoena or summons includes the name of the agency or department in whose name the subpoena or summons is issued and the statutory purpose for which the information is to be obtained; and (3) Ten days after service pass without the customer giving notice to the financial institution that the customer has moved to quash the subpoena. (b) (1) In issuing an administrative subpoena or summons pursuant to subdivision (a), the Attorney General or the Commissioner of Financial Protection and Innovation pursuant to the enforcement of statutes within their jurisdiction, or the district attorney of any county in connection with investigations of violations of antitrust law as authorized by Section 16759 of the Business and Professions Code, may petition a court of competent jurisdiction in the county in which the records are located, and the court, upon a showing of a reasonable inference that a law subject to the jurisdiction of the petitioning agency has been or is about to be violated, may order that service upon the customer pursuant to paragraph (1) of subdivision (a) and the 10-day period provided for in paragraph (3) of subdivision (a) be waived or shortened. For the purpose of this subdivision, an “inference” is a deduction that may reasonably be drawn by the Attorney General, the Commissioner of Financial Protection and Innovation, or the district attorney from facts relevant to the investigation. (2) Such petition may be presented to the court in person or by telephoned oral statement which shall be recorded and transcribed. In the case of telephonic petition, the recording of the sworn oral statement and the transcribed statement shall be certified by the magistrate receiving it and shall be filed with the clerk of the court. (3) Where the court grants such petition, the court shall order the petitioning agency to notify the customer in writing of the examination of records within a period to be determined by the court but not to exceed 60 days of the agency’s receipt of any of the customer’s financial records. The notice shall specify the information otherwise required by paragraph (2) of subdivision (a), and shall also specify the financial records which were examined pursuant to the administrative subpoena or summons. Upon renewed petition, the time of notification may be extended for an additional 30-day period upon good cause to believe that such notification would impede the investigation. Thereafter, by application to a court upon a showing of extreme necessity for continued withholding of notification, such notification requirements may be extended for three additional 30-day periods. (4) The Attorney General shall not provide financial records obtained pursuant to the procedure authorized in this subdivision to a local law enforcement agency unless (i) that agency has independently obtained authorization to receive such financial records pursuant to the provisions of this chapter, or (ii) the Attorney General obtains such records in an investigation conducted wholly independently of the local agency and not at its instigation or request. (c) Except as provided in this subdivision, nothing in this chapter shall preclude a financial institution from notifying a customer of the receipt of an administrative summons or subpoena. A court may order a financial institution to withhold notification to a customer of the receipt of an administrative summons or subpoena when the court issues an order pursuant to subdivision (b) and makes a finding that notice to the customer by the financial institution would impede the investigation. (d) If a customer files a motion to quash an administrative subpoena or summons issued pursuant to subdivision (a), such proceedings shall be afforded priority on the court calendar and the matter shall be heard within 10 days from the filing of the motion to quash. (Amended by Stats. 2022, Ch. 452, Sec. 174. (SB 1498) Effective January 1, 2023.)
  34. 74740.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 10. County-Specific Provisions [73640 - 74988] ( Chapter 10 heading repealed and added by Stats. 2020, Ch. 210, Sec. 29. ) ## ARTICLE 30. South Bay Judicial District [74740 - 74743] ( Article 30 repealed and added by Stats. 2002, Ch. 784, Sec. 460. )

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    This section creates a municipal court in the South Bay Judicial District covering the listed cities and nearby described areas.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 10. County-Specific Provisions [73640 - 74988] ( Chapter 10 heading repealed and added by Stats. 2020, Ch. 210, Sec. 29. ) ## ARTICLE 30. South Bay Judicial District [74740 - 74743] ( Article 30 repealed and added by Stats. 2002, Ch. 784, Sec. 460. ) ## 74740. Notwithstanding Section 71040, there shall be a municipal court in a judicial district, embracing the Cities of Chula Vista, Coronado, Imperial Beach, National City, that portion of the City of San Diego lying southerly of the City of Chula Vista and the portion of the City of San Diego lying within San Diego Bay south of a westerly continuation of the northern boundary of National City to the point of intersection with the eastern boundary of the City of Coronado, and such other contiguous area as the board of supervisors may direct, designated the South Bay Judicial District. This article applies to the municipal court established pursuant to this section. (Repealed and added by Stats. 2002, Ch. 784, Sec. 460. Effective January 1, 2003. Repealed as of January 1, 2074, pursuant to Section 74743.)
  35. 74742.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 10. County-Specific Provisions [73640 - 74988] ( Chapter 10 heading repealed and added by Stats. 2020, Ch. 210, Sec. 29. ) ## ARTICLE 30. South Bay Judicial District [74740 - 74743] ( Article 30 repealed and added by Stats. 2002, Ch. 784, Sec. 460. )

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    Judges of the municipal court are entitled to specified County of San Diego-style insurance and health benefits, with some benefits subject to board approval and certain retiree health benefits limited by service and retirement dates.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 10. County-Specific Provisions [73640 - 74988] ( Chapter 10 heading repealed and added by Stats. 2020, Ch. 210, Sec. 29. ) ## ARTICLE 30. South Bay Judicial District [74740 - 74743] ( Article 30 repealed and added by Stats. 2002, Ch. 784, Sec. 460. ) ## 74742. (a) In addition to any other compensation and benefits, each judge of the municipal court shall receive the same life insurance, accidental death and dismemberment insurance, comprehensive annual physical examinations, executive flexible benefits plan, except that if deferred compensation is selected, no adjustment based on retirement tier shall apply, and dental and vision insurance as provided by the County of San Diego for the classification of chief administrative officer. Changes in those benefits shall be effective on the same date as for those for the classification of chief administrative officer. (b) Subject to approval by the board of supervisors, each judge of the municipal court shall receive one or more of the following benefits: the same long-term disability insurance as provided by the County of San Diego for the classification of chief administrative officer or retiree health benefits whereby each judge of the municipal court serving on or after October 1, 1987, who retires from the municipal court on or after January 1, 1989, shall receive the same amount of insurance premium for retiree health benefits under the Public Employees’ Medical and Hospital Care Act (Part 5 (commencing with Section 22750) of Title 2) that the state provides to retired superior court judges under that act. (Amended by Stats. 2004, Ch. 69, Sec. 31. Effective June 24, 2004. Repealed as of January 1, 2074, pursuant to Section 74743.)
  36. 74743.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 10. County-Specific Provisions [73640 - 74988] ( Chapter 10 heading repealed and added by Stats. 2020, Ch. 210, Sec. 29. ) ## ARTICLE 30. South Bay Judicial District [74740 - 74743] ( Article 30 repealed and added by Stats. 2002, Ch. 784, Sec. 460. )

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    This article stays in force only until January 1, 2074, when it is repealed.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 10. County-Specific Provisions [73640 - 74988] ( Chapter 10 heading repealed and added by Stats. 2020, Ch. 210, Sec. 29. ) ## ARTICLE 30. South Bay Judicial District [74740 - 74743] ( Article 30 repealed and added by Stats. 2002, Ch. 784, Sec. 460. ) ## 74743. (a) This article shall remain in effect only until January 1, 2074, and as of that date is repealed. (b) The repeal of this article does not affect any right or benefit to which a person was entitled on the date of repeal. (Added by Stats. 2023, Ch. 478, Sec. 52. (AB 1756) Effective January 1, 2024. Repealed as of January 1, 2074, by its own provisions. Note: Repeal affects Article 30, commencing with Section 74740.)
  37. 7475.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 20. Governmental Access to Financial Records [7460 - 7493] ( Chapter 20 added by Stats. 1976, Ch. 1320. ) ## ARTICLE 3. Confidentiality of, and Access to, Financial Records [7470 - 7476] ( Article 3 added by Stats. 1976, Ch. 1320. )

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    State and local officials may obtain certain financial records only with a search warrant. Financial institutions may notify customers of a warrant unless a court orders nondisclosure. Records must be provided within 10 days of service, unless the court extends the time on a written showing.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 20. Governmental Access to Financial Records [7460 - 7493] ( Chapter 20 added by Stats. 1976, Ch. 1320. ) ## ARTICLE 3. Confidentiality of, and Access to, Financial Records [7470 - 7476] ( Article 3 added by Stats. 1976, Ch. 1320. ) ## 7475. An officer, employee, or agent of a state or local agency or department thereof, may obtain financial records under paragraph (3) of subdivision (a) of Section 7470 only if he obtains a search warrant pursuant to Chapter 3 (commencing with Section 1523) of Title 12 of Part 2 of the Penal Code. Examination of financial records may occur as soon as the warrant is served on the financial institution. Nothing in this chapter shall preclude a financial institution from notifying a customer of the receipt of a search warrant, unless a court orders the financial institution to withhold notification to the customer upon a finding that such notice would impede the investigation. The financial records sought pursuant to this section by a search warrant shall be made available to an officer, employee, or agent of a state or local agency or department thereof within 10 days after the warrant is served on the financial institution unless prior to the expiration of such 10 days such institution makes a written showing to the court that issued the warrant that the records cannot reasonably be made available within the 10 days and that an additional period of time is required to make the records available. Upon such showing the court shall extend the period of time within which the records must be made available to whatever period of time is reasonably necessary. (Amended by Stats. 1978, Ch. 1346.)
  38. 7476.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 20. Governmental Access to Financial Records [7460 - 7493] ( Chapter 20 added by Stats. 1976, Ch. 1320. ) ## ARTICLE 3. Confidentiality of, and Access to, Financial Records [7470 - 7476] ( Article 3 added by Stats. 1976, Ch. 1320. )

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    This section lets specified state or local officials get financial records only when stated service, notice, court-order, or grand-jury conditions are met.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 20. Governmental Access to Financial Records [7460 - 7493] ( Chapter 20 added by Stats. 1976, Ch. 1320. ) ## ARTICLE 3. Confidentiality of, and Access to, Financial Records [7470 - 7476] ( Article 3 added by Stats. 1976, Ch. 1320. ) ## 7476. (a) Except as provided in subdivisions (b) and (c), an officer, employee, or agent of a state or local agency or department thereof, may obtain financial records under paragraph (4) of subdivision (a) of Section 7470 pursuant to a judicial subpoena or subpoena duces tecum only if: (1) The subpoena or subpoena duces tecum is issued and served upon the financial institution and the customer in compliance with Chapter 2 (commencing with Section 1985) of Title 3 of Part 4 of the Code of Civil Procedure and the requirements of paragraph (2) or (3) have been met. In the event actual service on the customer has not been made prior to the time the financial records are required to be produced in response to a subpoena or subpoena duces tecum the court shall, prior to turning over any records to the agency, and upon good cause shown, make a finding that due diligence has been exercised by the agency in its attempt to effect such service; and (2) Ten days after service have passed without the customer giving notice to the financial institution that the customer has moved to quash the subpoena. If testimony is to be taken, or financial records produced, before a court, the 10-day period provided for in this subdivision may be shortened by the court upon a showing of good cause. The court shall direct that all reasonable measures be taken to notify the customer within the time so shortened. The motion to quash the subpoena must be made, whenever practicable, in the judicial proceeding pending before the court; or (3) A judge or magistrate in a judicial proceeding to which the customer is a party rules that the subpoena should not be quashed. Nothing in this paragraph is intended to preclude appellate remedies which may be available under existing law. (b) (1) A deputy district attorney, deputy attorney general, or other person authorized to present evidence to a grand jury in a criminal investigation before a grand jury, or scheduled to be presented to a grand jury, may obtain financial records for return to the grand jury pursuant to a judicial subpoena duces tecum which, upon a written showing to a judge of the superior court that there exists a reasonable inference that a crime within the jurisdiction of the grand jury has been committed and that the financial records sought are reasonably necessary to the jury’s investigation of that crime, is personally signed and issued by a judge of the superior court, and meets one of the following: (A) The subpoena is issued and served upon the financial institution and the customer and 10 days after service have passed without the customer giving notice to the financial institution that the customer has moved to quash the subpoena. In the event actual service on the customer has not been made prior to the time the financial records are required to be produced in response to a subpoena duces tecum the court shall, prior to turning over any records to the grand jury, and upon good cause shown, make a finding that due diligence has been exercised by the grand jury in its attempt to effect this service. The 10-day period provided for in this subparagraph may be shortened by the court upon a showing of good cause. The court shall direct that all reasonable measures be taken to notify the customer within the time so shortened. The motion to quash the subpoena must be made wherever practicable before the judge who issued the subpoena. (B) A judge rules in a judicial proceeding to which the customer is a party that the subpoena should not be quashed. Nothing in this subparagraph is intended to preclude appellate remedies that may be available under existing law. (C) A court orders the financial institution and the grand jury to withhold notification to the customer for 30 days from the date of receipt of the judicial subpoena duces tecum after making a finding upon a written showing that notice to the customer by the financial institution and the grand jury would impede the investigation by the grand jury. The withholding of this notification may be extended for additional 30-day periods up to the end of the term of the grand jury or the filing of a criminal complaint if a court makes a finding upon a written showing, at the time of each extension, that notice to the customer by the financial institution and the grand jury would impede the investigation by the grand jury. Whenever practicable, any application for an extension of time shall be made to the judge who issued the subpoena duces tecum. (2) For the purpose of this subdivision, an “inference” is a deduction that may be reasonably drawn by the judge of the superior court from facts relevant to the investigation. (3) If notification was withheld from the customer pursuant to subparagraph (C) of paragraph (1), the state or local agency that made the presentation to the grand jury shall notify the customer in writing after the criminal investigation is terminated without the return of an indictment, or a filing of a criminal complaint. The notice shall specify the financial records that were examined and the reason for this examination. At the time of the notification to the customer, the state or local agency shall notify the financial institution of the notification to its customer. The financial institution shall not have a further obligation to notify its customer of the judicial subpoena duces tecum and the disclosure of records pursuant to the subpoena duces tecum. (4) Any showing that is required to be made pursuant to this subdivision, as well as the court record of any finding made pursuant to this showing, shall be sealed until one person named in the indictment or the criminal complaint to which the showing related has been arrested, or until the termination of the criminal investigation without the return of an indictment or the filing of a criminal complaint. However, a court may unseal a showing and court record relating thereto on a written showing of good cause and upon service of that showing upon the grand jury and the expiration of 10 days after service without the grand jury giving notice to the court that the jury moves for an in camera hearing regarding the existence of good cause. If notice is given by the grand jury the court shall conduct an in camera hearing upon any terms and with any persons present that the court deems proper. At the conclusion of the in camera hearing, the court, if it finds that good cause exists, may order the showing and court record relating thereto to be unsealed upon any terms that it deems proper. (c) In any criminal case in which an accusatory pleading is on file charging a violation of Section 476a of the Penal Code, an officer, employee, or agent of a state or local agency or department thereof, may obtain financial records under paragraph (4) of subdivision (a) of Section 7470 pursuant to a judicial subpoena or subpoena duces tecum to be returned to the court issuing the subpoena or the subpoena duces tecum only if: (1) The financial records to be produced are of the bank account or accounts as to which the defendant is alleged to have violated Section 476a of the Penal Code; (2) The subpoena or subpoena duces tecum is issued and served upon the financial institution in compliance with Chapter 2 (commencing with Section 1985) of Title 3 of Part 4 of the Code of Civil Procedure; and (3) The records are to be produced at a preliminary hearing or trial at which the defendant will have the opportunity to move to quash the subpoena or subpoena duces tecum prior to the disclosure of any information contained within said records, and to move to suppress any portion of the records which the court finds irrelevant to the charges. (Amended by Stats. 1998, Ch. 757, Sec. 2. Effective January 1, 1999.)
  39. 7480.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 20. Governmental Access to Financial Records [7460 - 7493] ( Chapter 20 added by Stats. 1976, Ch. 1320. ) ## ARTICLE 4. Exceptions [7480- 7480.] ( Article 4 added by Stats. 1976, Ch. 1320. )

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    This section lists exceptions to the chapter’s limits on access to financial records and allows specified agencies to request certain bank account information, while requiring financial institutions to furnish the listed records in several situations.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 20. Governmental Access to Financial Records [7460 - 7493] ( Chapter 20 added by Stats. 1976, Ch. 1320. ) ## ARTICLE 4. Exceptions [7480- 7480.] ( Article 4 added by Stats. 1976, Ch. 1320. ) ## 7480. Nothing in this chapter shall prohibit any of the following: (a) The dissemination of any financial information that is not identified with, or identifiable as being derived from, the financial records of a particular customer. (b) When any police, sheriff’s department, district attorney, or special agent with the Department of Justice in this state certifies to a bank, credit union, or savings association in writing that a crime report has been filed that involves the alleged fraudulent use of drafts, checks, access cards, or other orders drawn upon any bank, credit union, or savings association in this state, the police, sheriff’s department, district attorney, special agent with the Department of Justice, or a county adult protective services agency when investigating the financial abuse of an elder or dependent adult, or a long-term care ombudsperson when investigating the financial abuse of an elder or dependent adult, may request a bank, credit union, or savings association to furnish, and a bank, credit union, or savings association shall furnish, a statement setting forth the following information with respect to a customer account specified by the requesting party for a period 90 days before, and up to 60 days following, the date of occurrence of the alleged illegal act involving the account: (1) The number of items dishonored. (2) The number of items paid that created overdrafts. (3) The dollar volume of the dishonored items and items paid which created overdrafts and a statement explaining any credit arrangement between the bank, credit union, or savings association and customer to pay overdrafts. (4) The dates and amounts of deposits and debits and the account balance on these dates. (5) A copy of the signature card, including the signature and any addresses appearing on a customer’s signature card. (6) New bank cards issued. (7) Change of address requests received. (8) Power of attorney or trust documents submitted or executed. (9) The date the account opened and, if applicable, the date the account closed. (10) Surveillance photographs and video recordings of persons accessing the crime victim’s financial account via an automated teller machine (ATM) or from within the financial institution for dates on which illegal acts involving the account were alleged to have occurred. Nothing in this paragraph does any of the following: (A) Requires a financial institution to produce a photograph or video recording if it does not possess the photograph or video recording. (B) Affects any existing civil immunities as provided in Section 47 of the Civil Code or any other provision of law. (11) A bank, credit union, or savings association that provides the requesting party with copies of one or more complete account statements prepared in the regular course of business shall be deemed to be in compliance with paragraphs (1), (2), (3), and (4). (c) When any police, sheriff’s department, district attorney, or special agent with the Department of Justice in this state certifies to a bank, credit union, or savings association in writing that a crime report has been filed that involves the alleged fraudulent use of drafts, checks, access cards, or other orders drawn upon any bank, credit union, or savings association doing business in this state, the police, sheriff’s department, district attorney, special agent with the Department of Justice, a county adult protective services office when investigating the financial abuse of an elder or dependent adult, or a long-term care ombudsperson when investigating the financial abuse of an elder or dependent adult, may request, with the consent of the accountholder, the bank, credit union, or savings association to furnish, and the bank, credit union, or savings association shall furnish, a statement setting forth the following information with respect to a customer account specified by the requesting party for a period 30 days before, and up to 30 days following, the date of occurrence of the alleged illegal act involving the account: (1) The number of items dishonored. (2) The number of items paid that created overdrafts. (3) The dollar volume of the dishonored items and items paid which created overdrafts and a statement explaining any credit arrangement between the bank, credit union, or savings association and customer to pay overdrafts. (4) The dates and amounts of deposits and debits and the account balance on these dates. (5) A copy of the signature card, including the signature and any addresses appearing on a customer’s signature card. (6) The date the account opened and, if applicable, the date the account closed. (7) Surveillance photographs and video recordings of persons accessing the crime victim’s financial account via an automated teller machine (ATM) or from within the financial institution for dates on which illegal acts involving this account were alleged to have occurred. Nothing in this paragraph does any of the following: (A) Requires a financial institution to produce a photograph or video recording if it does not possess the photograph or video recording. (B) Affects any existing civil immunities as provided in Section 47 of the Civil Code or any other provision of law. (8) A bank, credit union, or savings association doing business in this state that provides the requesting party with copies of one or more complete account statements prepared in the regular course of business shall be deemed to be in compliance with paragraphs (1), (2), (3), and (4). (d) For purposes of subdivision (c), consent of the accountholder shall be satisfied if an accountholder provides to the financial institution and the person or entity seeking disclosure, a signed and dated statement containing all of the following: (1) Authorization of the disclosure for the period specified in subdivision (c). (2) The name of the agency or department to which disclosure is authorized and, if applicable, the statutory purpose for which the information is to be obtained. (3) A description of the financial records that are authorized to be disclosed. (e) (1) The Attorney General, a supervisory agency, the Franchise Tax Board, the State Board of Equalization, the Employment Development Department, the Controller, or an inheritance tax referee when administering the Prohibition of Gift and Death Taxes (Part 8 (commencing with Section 13301) of Division 2 of the Revenue and Taxation Code), a police or sheriff’s department or district attorney, a county adult protective services office when investigating the financial abuse of an elder or dependent adult, a long-term care ombudsperson when investigating the financial abuse of an elder or dependent adult, a county welfare department when investigating welfare fraud, a county auditor-controller or director of finance when investigating fraud against the county, or the Department of Financial Protection and Innovation when conducting investigations in connection with the enforcement of laws administered by the Commissioner of Financial Protection and Innovation, from requesting of an office or branch of a financial institution, and the office or branch from responding to a request, as to whether a person has an account or accounts at that office or branch and, if so, any identifying numbers of the account or accounts. (2) No additional information beyond that specified in this section shall be released to a county welfare department without either the accountholder’s written consent or a judicial writ, search warrant, subpoena, or other judicial order. (3) A county auditor-controller or director of finance who unlawfully discloses information they are authorized to request under this subdivision is guilty of the unlawful disclosure of confidential data, a misdemeanor, which shall be punishable as set forth in Section 7485. (f) The examination by, or disclosure to, any supervisory agency of financial records that relate solely to the exercise of its supervisory function. The scope of an agency’s supervisory function shall be determined by reference to statutes that grant authority to examine, audit, or require reports of financial records or financial institutions as follows: (1) With respect to the Commissioner of Financial Protection and Innovation by reference to Division 1 (commencing with Section 99), Division 1.1 (commencing with Section 1000), Division 1.2 (commencing with Section 2000), Division 1.6 (commencing with Section 4800), Division 2 (commencing with Section 5000), Division 5 (commencing with Section 14000), Division 7 (commencing with Section 18000), Division 15 (commencing with Section 31000), and Division 16 (commencing with Section 33000), of the Financial Code. (2) With respect to the Controller by reference to Title 10 (commencing with Section 1300) of Part 3 of the Code of Civil Procedure. (3) With respect to the Administrator of Local Agency Security by reference to Article 2 (commencing with Section 53630) of Chapter 4 of Part 1 of Division 2 of Title 5 of the Government Code. (g) The disclosure to the Franchise Tax Board of (1) the amount of any security interest that a financial institution has in a specified asset of a customer or (2) financial records in connection with the filing or audit of a tax return or tax information return that are required to be filed by the financial institution pursuant to Part 10 (commencing with Section 17001), Part 11 (commencing with Section 23001), or Part 18 (commencing with Section 38001), of the Revenue and Taxation Code. (h) The disclosure to the State Board of Equalization of any of the following: (1) The information required by Sections 6702, 6703, 8954, 8957, 30313, 30315, 32383, 32387, 38502, 38503, 40153, 40155, 41122, 41123.5, 43443, 43444.2, 44144, 45603, 45605, 46404, 46406, 50134, 50136, 55203, 55205, 60404, and 60407 of the Revenue and Taxation Code. (2) The financial records in connection with the filing or audit of a tax return required to be filed by the financial institution pursuant to Part 1 (commencing with Section 6001), Part 2 (commencing with Section 7301), Part 3 (commencing with Section 8601), Part 13 (commencing with Section 30001), Part 14 (commencing with Section 32001), and Part 17 (commencing with Section 37001), of Division 2 of the Revenue and Taxation Code. (3) The amount of any security interest a financial institution has in a specified asset of a customer, if the inquiry is directed to the branch or office where the interest is held. (i) The disclosure to the Controller of the information required by Section 7853 of the Revenue and Taxation Code. (j) The disclosure to the Employment Development Department of the amount of any security interest a financial institution has in a specified asset of a customer, if the inquiry is directed to the branch or office where the interest is held. (k) The disclosure by a construction lender, as defined in Section 8006 of the Civil Code, to the Registrar of Contractors, of information concerning the making of progress payments to a prime contractor requested by the registrar in connection with an investigation under Section 7108.5 of the Business and Professions Code. (l) Upon receipt of a written request from a local child support agency referring to a support order pursuant to Section 17400 of the Family Code, a financial institution shall disclose the following information concerning the account or the person named in the request, whom the local child support agency shall identify, whenever possible, by social security number: (1) If the request states the identifying number of an account at a financial institution, the name of each owner of the account. (2) Each account maintained by the person at the branch to which the request is delivered, and, if the branch is able to make a computerized search, each account maintained by the person at any other branch of the financial institution located in this state. (3) For each account disclosed pursuant to paragraphs (1) and (2), the account number, current balance, street address of the branch where the account is maintained, and, to the extent available through the branch’s computerized search, the name and address of any other person listed as an owner. (4) Whenever the request prohibits the disclosure, a financial institution shall not disclose either the request or its response, to an owner of the account or to any other person, except the officers and employees of the financial institution who are involved in responding to the request and to attorneys, employees of the local child support agencies, auditors, and regulatory authorities who have a need to know in order to perform their duties, and except as disclosure may be required by legal process. (5) No financial institution, or any officer, employee, or agent thereof, shall be liable to any person for (A) disclosing information in response to a request pursuant to this subdivision, (B) failing to notify the owner of an account, or complying with a request under this paragraph not to disclose to the owner, the request or disclosure under this subdivision, or (C) failing to discover any account owned by the person named in the request pursuant to a computerized search of the records of the financial institution. (6) The local child support agency may request information pursuant to this subdivision only when the local child support agency has received at least one of the following types of physical evidence: (A) Any of the following, dated within the last three years: (i) Form 599. (ii) Form 1099. (iii) A bank statement. (iv) A check. (v) A bank passbook. (vi) A deposit slip. (vii) A copy of a federal or state income tax return. (viii) A debit or credit advice. (ix) Correspondence that identifies the child support obligor by name, the bank, and the account number. (x) Correspondence that identifies the child support obligor by name, the bank, and the banking services related to the account of the obligor. (xi) An asset identification report from a federal agency. (B) A sworn declaration of the custodial parent during the 12 months immediately preceding the request that the person named in the request has had or may have had an account at an office or branch of the financial institution to which the request is made. (7) Information obtained by a local child support agency pursuant to this subdivision shall be used only for purposes that are directly connected with the administration of the duties of the local child support agency pursuant to Section 17400 of the Family Code. (m) (1) As provided in paragraph (1) of subdivision (c) of Section 666 of Title 42 of the United States Code, upon receipt of an administrative subpoena on the current federally approved interstate child support enforcement form, as approved by the federal Office of Management and Budget, a financial institution shall provide the information or documents requested by the administrative subpoena. (2) The administrative subpoena shall refer to the current federal Office of Management and Budget control number and be signed by a person who states that they are an authorized agent of a state or county agency responsible for implementing the child support enforcement program set forth in Part D (commencing with Section 651) of Subchapter IV of Chapter 7 of Title 42 of the United States Code. A financial institution may rely on the statements made in the subpoena and has no duty to inquire into the truth of any statement in the subpoena. (3) If the person who signs the administrative subpoena directs a financial institution in writing not to disclose either the subpoena or its response to any owner of an account covered by the subpoena, the financial institution shall not disclose the subpoena or its response to the owner. (4) No financial institution, or any officer, employee, or agent thereof, shall be liable to any person for (A) disclosing information or providing documents in response to a subpoena pursuant to this subdivision, (B) failing to notify any owner of an account covered by the subpoena or complying with a request not to disclose to the owner, the subpoena or disclosure under this subdivision, or (C) failing to discover any account owned by the person named in the subpoena pursuant to a computerized search of the records of the financial institution. (n) The dissemination of financial information and records pursuant to any of the following: (1) Compliance by a financial institution with the requirements of Section 2892 of the Probate Code. (2) Compliance by a financial institution with the requirements of Section 2893 of the Probate Code. (3) An order by a judge upon a written ex parte application by a peace officer showing specific and articulable facts that there are reasonable grounds to believe that the records or information sought are relevant and material to an ongoing investigation of a felony violation of Section 186.10 or of any felony subject to the enhancement set forth in Section 186.11. (A) The ex parte application shall specify with particularity the records to be produced, which shall be only those of the individual or individuals who are the subject of the criminal investigation. (B) The ex parte application and any subsequent judicial order shall be open to the public as a judicial record unless ordered sealed by the court, for a period of 60 days. The sealing of these records may be extended for 60-day periods upon a showing to the court that it is necessary for the continuance of the investigation. Sixty-day extensions may continue for up to one year or until termination of the investigation of the individual or individuals, whichever is sooner. (C) The records ordered to be produced shall be returned to the peace officer applicant or their designee within a reasonable time period after service of the order upon the financial institution. (D) Nothing in this subdivision shall preclude the financial institution from notifying a customer of the receipt of the order for production of records unless a court orders the financial institution to withhold notification to the customer upon a finding that the notice would impede the investigation. (E) Where a court has made an order pursuant to this paragraph to withhold notification to the customer under this paragraph, the peace officer or law enforcement agency who obtained the financial information shall notify the customer by delivering a copy of the ex parte order to the customer within 10 days of the termination of the investigation. (4) An order by a judge issued pursuant to subdivision (c) of Section 532f of the Penal Code. (5) No financial institution, or any officer, employee, or agent thereof, shall be liable to any person for any of the following: (A) Disclosing information to a probate court pursuant to Sections 2892 and 2893. (B) Disclosing information in response to a court order pursuant to paragraph (3). (C) Complying with a court order under this subdivision not to disclose to the customer, the order, or the dissemination of information pursuant to the court order. (o) Disclosure by a financial institution to a peace officer, as defined in Section 830.1 of the Penal Code, pursuant to the following: (1) Paragraph (1) of subdivision (a) of Section 1748.95 of the Civil Code, provided that the financial institution has first complied with the requirements of paragraph (2) of subdivision (a) and subdivision (b) of Section 1748.95 of the Civil Code. (2) Paragraph (1) of subdivision (a) of Section 4002 of the Financial Code, provided that the financial institution has first complied with the requirements of paragraph (2) of subdivision (a) and subdivision (b) of Section 4002 of the Financial Code. (3) Paragraph (1) of subdivision (a) of Section 22470 of the Financial Code, provided that any financial institution that is a finance lender has first complied with the requirements of paragraph (2) of subdivision (a) and subdivision (b) of Section 22470 of the Financial Code. (p) When the governing board of the Public Employees’ Retirement System or the State Teachers’ Retirement System certifies in writing to a financial institution that a benefit recipient has died and that transfers to the benefit recipient’s account at the financial institution from the retirement system occurred after the benefit recipient’s date of death, the financial institution shall furnish the retirement system with the name and address of any coowner, cosigner, or any other person who had access to the funds in the account following the date of the benefit recipient’s death, or if the account has been closed, the name and address of the person who closed the account. (q) When the retirement board of a retirement system established under the County Employees Retirement Law of 1937 certifies in writing to a financial institution that a retired member or the beneficiary of a retired member has died and that transfers to the account of the retired member or beneficiary of a retired member at the financial institution from the retirement system occurred after the date of death of the retired member or beneficiary of a retired member, the financial institution shall furnish the retirement system with the name and address of any coowner, cosigner, or any other person who had access to the funds in the account following the date of death of the retired member or beneficiary of a retired member, or if the account has been closed, the name and address of the person who closed the account. (r) When the Franchise Tax Board certifies in writing to a financial institution that (1) a taxpayer filed a tax return that authorized a direct deposit refund with an incorrect financial institution account or routing number that resulted in all or a portion of the refund not being received, directly or indirectly, by the taxpayer; (2) the direct deposit refund was not returned to the Franchise Tax Board; and (3) the refund was deposited directly on a specified date into the account of an accountholder of the financial institution who was not entitled to receive the refund, then the financial institution shall furnish to the Franchise Tax Board the name and address of any coowner, cosigner, or any other person who had access to the funds in the account following the date of direct deposit refund, or if the account has been closed, the name and address of the person who closed the account. (s) The dissemination of financial information and records pursuant to Section 6091.3 of the Business and Professions Code. (Amended by Stats. 2024, Ch. 227, Sec. 30. (AB 3279) Effective January 1, 2025.)
  40. 74820.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 10. County-Specific Provisions [73640 - 74988] ( Chapter 10 heading repealed and added by Stats. 2020, Ch. 210, Sec. 29. ) ## ARTICLE 32.3. San Joaquin County Court Security and Civil Process [74820 - 74820.3] ( Heading of Article 32.3 amended by Stats. 2020, Ch. 210, Sec. 47. )

    Verify source ↗

    This article is named the San Joaquin County Court Security and Civil Process Act and may be cited by that name.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 10. County-Specific Provisions [73640 - 74988] ( Chapter 10 heading repealed and added by Stats. 2020, Ch. 210, Sec. 29. ) ## ARTICLE 32.3. San Joaquin County Court Security and Civil Process [74820 - 74820.3] ( Heading of Article 32.3 amended by Stats. 2020, Ch. 210, Sec. 47. ) ## 74820. This article shall be known and may be cited as the San Joaquin County Court Security and Civil Process Act. (Added by Stats. 1996, Ch. 159, Sec. 1. Effective January 1, 1997.)
  41. 74820.1.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 10. County-Specific Provisions [73640 - 74988] ( Chapter 10 heading repealed and added by Stats. 2020, Ch. 210, Sec. 29. ) ## ARTICLE 32.3. San Joaquin County Court Security and Civil Process [74820 - 74820.3] ( Heading of Article 32.3 amended by Stats. 2020, Ch. 210, Sec. 47. )

    Verify source ↗

    This article applies to court security, service of process, and notice functions in the sheriff’s office.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 10. County-Specific Provisions [73640 - 74988] ( Chapter 10 heading repealed and added by Stats. 2020, Ch. 210, Sec. 29. ) ## ARTICLE 32.3. San Joaquin County Court Security and Civil Process [74820 - 74820.3] ( Heading of Article 32.3 amended by Stats. 2020, Ch. 210, Sec. 47. ) ## 74820.1. This article applies to the court security functions and service of process and notice functions in the sheriff’s office. (Amended by Stats. 2020, Ch. 210, Sec. 48. (AB 1984) Effective January 1, 2021.)
  42. 74820.2.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 10. County-Specific Provisions [73640 - 74988] ( Chapter 10 heading repealed and added by Stats. 2020, Ch. 210, Sec. 29. ) ## ARTICLE 32.3. San Joaquin County Court Security and Civil Process [74820 - 74820.3] ( Heading of Article 32.3 amended by Stats. 2020, Ch. 210, Sec. 47. )

    Verify source ↗

    San Joaquin County’s Sheriff’s Department has a court services division to provide security in the superior court.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 10. County-Specific Provisions [73640 - 74988] ( Chapter 10 heading repealed and added by Stats. 2020, Ch. 210, Sec. 29. ) ## ARTICLE 32.3. San Joaquin County Court Security and Civil Process [74820 - 74820.3] ( Heading of Article 32.3 amended by Stats. 2020, Ch. 210, Sec. 47. ) ## 74820.2. There is a court services division within the San Joaquin County Sheriff’s Department to provide security within the superior court. (Amended by Stats. 2002, Ch. 784, Sec. 468. Effective January 1, 2003.)
  43. 74820.3.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 10. County-Specific Provisions [73640 - 74988] ( Chapter 10 heading repealed and added by Stats. 2020, Ch. 210, Sec. 29. ) ## ARTICLE 32.3. San Joaquin County Court Security and Civil Process [74820 - 74820.3] ( Heading of Article 32.3 amended by Stats. 2020, Ch. 210, Sec. 47. )

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    The sheriff is the appointing authority for court services division positions and employees, and chiefs of that division are selected, appointed, and removed by majority vote of incumbent superior court judges and commissioners from a qualified candidate list.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 10. County-Specific Provisions [73640 - 74988] ( Chapter 10 heading repealed and added by Stats. 2020, Ch. 210, Sec. 29. ) ## ARTICLE 32.3. San Joaquin County Court Security and Civil Process [74820 - 74820.3] ( Heading of Article 32.3 amended by Stats. 2020, Ch. 210, Sec. 47. ) ## 74820.3. (a) The sheriff shall be the appointing authority for all court services division positions and employees. (b) Selection, appointment, and removal of chiefs of the court services division shall be made by a majority vote of the incumbent superior court judges and commissioners from a list of qualified candidates submitted by a committee comprised of the sheriff and an incumbent judge of the superior court. (Amended by Stats. 2002, Ch. 784, Sec. 469. Effective January 1, 2003.)
  44. 7485.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 20. Governmental Access to Financial Records [7460 - 7493] ( Chapter 20 added by Stats. 1976, Ch. 1320. ) ## ARTICLE 5. Penalties and Remedies [7485 - 7489] ( Article 5 added by Stats. 1976, Ch. 1320. )

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    This section makes it a misdemeanor to knowingly participate in, induce, or try to induce a violation of this chapter, and it allows certain civil sanctions for an unsupported motion to quash.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 20. Governmental Access to Financial Records [7460 - 7493] ( Chapter 20 added by Stats. 1976, Ch. 1320. ) ## ARTICLE 5. Penalties and Remedies [7485 - 7489] ( Article 5 added by Stats. 1976, Ch. 1320. ) ## 7485. (a) Any person who, with the intent to violate, knowingly participates in a violation of this chapter is guilty of a misdemeanor, and upon conviction shall be imprisoned for not more than one year, or fined not more than five thousand dollars ($5,000), or both. (b) Any person who, with the intent to violate, knowingly induces or attempts to induce a violation of this chapter is guilty of a misdemeanor and upon conviction shall be imprisoned for not more than one year, or fined not more than five thousand dollars ($5,000), or both. (c) If a customer files a motion to quash and the court finds no reasonable grounds existed for such a filing, the court in its discretion may impose such civil sanctions as are otherwise authorized by law. (Added by Stats. 1976, Ch. 1320.)
  45. 7486.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 20. Governmental Access to Financial Records [7460 - 7493] ( Chapter 20 added by Stats. 1976, Ch. 1320. ) ## ARTICLE 5. Penalties and Remedies [7485 - 7489] ( Article 5 added by Stats. 1976, Ch. 1320. )

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    If a customer wins an action to enforce liability for a violation of this chapter, the customer may recover litigation costs and reasonable attorney’s fees.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 20. Governmental Access to Financial Records [7460 - 7493] ( Chapter 20 added by Stats. 1976, Ch. 1320. ) ## ARTICLE 5. Penalties and Remedies [7485 - 7489] ( Article 5 added by Stats. 1976, Ch. 1320. ) ## 7486. In any successful action to enforce liability for a violation of the provisions of this chapter, the customer may recover the cost of the action together with reasonable attorney’s fees as determined by the court. (Added by Stats. 1976, Ch. 1320.)
  46. 7487.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 20. Governmental Access to Financial Records [7460 - 7493] ( Chapter 20 added by Stats. 1976, Ch. 1320. ) ## ARTICLE 5. Penalties and Remedies [7485 - 7489] ( Article 5 added by Stats. 1976, Ch. 1320. )

    Verify source ↗

    A customer harmed or threatened by a chapter violation may seek injunctive relief, and a successful customer action may also recover costs and reasonable attorney’s fees.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 20. Governmental Access to Financial Records [7460 - 7493] ( Chapter 20 added by Stats. 1976, Ch. 1320. ) ## ARTICLE 5. Penalties and Remedies [7485 - 7489] ( Article 5 added by Stats. 1976, Ch. 1320. ) ## 7487. In addition to any other remedy contained in this chapter or otherwise available, injunctive relief shall be available to any customer aggrieved by a violation, or threatened violation, of this chapter. In any successful action by the customer, costs together with reasonable attorney’s fees as determined by the court may be recovered. (Added by Stats. 1976, Ch. 1320.)
  47. 7488.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 20. Governmental Access to Financial Records [7460 - 7493] ( Chapter 20 added by Stats. 1976, Ch. 1320. ) ## ARTICLE 5. Penalties and Remedies [7485 - 7489] ( Article 5 added by Stats. 1976, Ch. 1320. )

    Verify source ↗

    An enforcement action under this chapter must be started within 3 years after the violation occurred.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 20. Governmental Access to Financial Records [7460 - 7493] ( Chapter 20 added by Stats. 1976, Ch. 1320. ) ## ARTICLE 5. Penalties and Remedies [7485 - 7489] ( Article 5 added by Stats. 1976, Ch. 1320. ) ## 7488. An action to enforce any provision of this chapter must be commenced within three years after the date on which the violation occurred. (Added by Stats. 1976, Ch. 1320.)
  48. 7489.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 20. Governmental Access to Financial Records [7460 - 7493] ( Chapter 20 added by Stats. 1976, Ch. 1320. ) ## ARTICLE 5. Penalties and Remedies [7485 - 7489] ( Article 5 added by Stats. 1976, Ch. 1320. )

    Verify source ↗

    Evidence obtained in violation of this chapter cannot be used in proceedings, except in a proceeding to enforce this article.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 20. Governmental Access to Financial Records [7460 - 7493] ( Chapter 20 added by Stats. 1976, Ch. 1320. ) ## ARTICLE 5. Penalties and Remedies [7485 - 7489] ( Article 5 added by Stats. 1976, Ch. 1320. ) ## 7489. Evidence obtained in violation of this chapter is inadmissible in any proceeding except a proceeding to enforce the provisions of this article. (Added by Stats. 1976, Ch. 1320.)
  49. 7490.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 20. Governmental Access to Financial Records [7460 - 7493] ( Chapter 20 added by Stats. 1976, Ch. 1320. ) ## ARTICLE 6. Miscellaneous [7490 - 7493] ( Article 6 added by Stats. 1976, Ch. 1320. )

    Verify source ↗

    A customer cannot make a valid waiver of any right or procedure under this section, except where other listed code sections allow it.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 20. Governmental Access to Financial Records [7460 - 7493] ( Chapter 20 added by Stats. 1976, Ch. 1320. ) ## ARTICLE 6. Miscellaneous [7490 - 7493] ( Article 6 added by Stats. 1976, Ch. 1320. ) ## 7490. Except as provided in Sections 6069, 10145, 10146, and 17766.5 of the Business and Professions Code, Sections 25134, 25241, 29535, and 31111 of the Corporations Code, Sections 12300.3, 14250, 14251, 14252, 14253, 14254, 14255, 14406, 14653, 17409, 18612, 18945, 18986, 22406, and 24406 of the Financial Code, Section 12586 of the Government Code, Sections 1351.1, 1352 and 1357 of the Health and Safety Code, Sections 904 and 1703 of the Insurance Code, Section 1092 of the Unemployment Insurance Code, and Section 11703.4 of the Vehicle Code, no waiver by a customer of any right or procedure hereunder shall be valid, whether oral or written, and whether with or without consideration. (Amended by Stats. 1987, Ch. 764, Sec. 6.)
  50. 7491.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 20. Governmental Access to Financial Records [7460 - 7493] ( Chapter 20 added by Stats. 1976, Ch. 1320. ) ## ARTICLE 6. Miscellaneous [7490 - 7493] ( Article 6 added by Stats. 1976, Ch. 1320. )

    Verify source ↗

    If another law would let someone violate this chapter, this chapter overrides that law, except later-enacted statutes that specifically refer to this chapter.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 20. Governmental Access to Financial Records [7460 - 7493] ( Chapter 20 added by Stats. 1976, Ch. 1320. ) ## ARTICLE 6. Miscellaneous [7490 - 7493] ( Article 6 added by Stats. 1976, Ch. 1320. ) ## 7491. Should any other law grant or appear to grant power or authority to any person to violate the provisions of this chapter, the provisions of this chapter shall supersede and pro tanto override and annul such law, except those statutes hereinafter enacted which specifically refer to this chapter. (Added by Stats. 1976, Ch. 1320.)
  51. 7492.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 20. Governmental Access to Financial Records [7460 - 7493] ( Chapter 20 added by Stats. 1976, Ch. 1320. ) ## ARTICLE 6. Miscellaneous [7490 - 7493] ( Article 6 added by Stats. 1976, Ch. 1320. )

    Verify source ↗

    If part of this chapter is invalid, the rest remains effective.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 20. Governmental Access to Financial Records [7460 - 7493] ( Chapter 20 added by Stats. 1976, Ch. 1320. ) ## ARTICLE 6. Miscellaneous [7490 - 7493] ( Article 6 added by Stats. 1976, Ch. 1320. ) ## 7492. If any provision of this chapter or the application thereof to any person or circumstance is held invalid for any reason, such invalidity shall not affect any other provisions or applications of this chapter which can be effected, without the invalid provision or application, and to this end the provisions of this chapter are severable. (Added by Stats. 1976, Ch. 1320.)
  52. 7493.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 20. Governmental Access to Financial Records [7460 - 7493] ( Chapter 20 added by Stats. 1976, Ch. 1320. ) ## ARTICLE 6. Miscellaneous [7490 - 7493] ( Article 6 added by Stats. 1976, Ch. 1320. )

    Verify source ↗

    State or local agencies are not barred by this chapter from obtaining credit reports or consumer credit reports from non-financial sources.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 20. Governmental Access to Financial Records [7460 - 7493] ( Chapter 20 added by Stats. 1976, Ch. 1320. ) ## ARTICLE 6. Miscellaneous [7490 - 7493] ( Article 6 added by Stats. 1976, Ch. 1320. ) ## 7493. Nothing in this chapter shall be construed to preclude a state or local agency from obtaining a credit report or consumer credit report from anyone other than a financial institution. (Added by Stats. 1976, Ch. 1320.)
  53. 74984.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 10. County-Specific Provisions [73640 - 74988] ( Chapter 10 heading repealed and added by Stats. 2020, Ch. 210, Sec. 29. ) ## ARTICLE 40. Shasta County [74984 - 74988] ( Article 40 repealed and added by Stats. 2002, Ch. 784, Sec. 496. )

    Verify source ↗

    Shasta County must have one marshal appointed by the Shasta County Superior Court, and marshal office fees must be deposited with the county treasurer and credited to the general fund.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 10. County-Specific Provisions [73640 - 74988] ( Chapter 10 heading repealed and added by Stats. 2020, Ch. 210, Sec. 29. ) ## ARTICLE 40. Shasta County [74984 - 74988] ( Article 40 repealed and added by Stats. 2002, Ch. 784, Sec. 496. ) ## 74984. (a) There shall be one marshal who shall be appointed by the Shasta County Superior Court. (b) The board of supervisors may transfer certain duties of the sheriff to the marshal pursuant to Section 26608.3. (c) All fees collected by the marshal’s office shall be deposited with the county treasurer and credited to the general fund. (Repealed and added by Stats. 2002, Ch. 784, Sec. 496. Effective January 1, 2003.)
  54. 74985.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 10. County-Specific Provisions [73640 - 74988] ( Chapter 10 heading repealed and added by Stats. 2020, Ch. 210, Sec. 29. ) ## ARTICLE 40. Shasta County [74984 - 74988] ( Article 40 repealed and added by Stats. 2002, Ch. 784, Sec. 496. )

    Verify source ↗

    Shasta County must give eligible marshal’s office county employees the same employment benefits it gives other county employees in equivalent categories and salary ranges.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 10. County-Specific Provisions [73640 - 74988] ( Chapter 10 heading repealed and added by Stats. 2020, Ch. 210, Sec. 29. ) ## ARTICLE 40. Shasta County [74984 - 74988] ( Article 40 repealed and added by Stats. 2002, Ch. 784, Sec. 496. ) ## 74985. Each employee of the marshal’s office who is a county employee shall be provided the same employment benefits by Shasta County as the county provides to other county employees in equivalent categories and salary ranges in the county’s merit personnel system. (Repealed and added by Stats. 2002, Ch. 784, Sec. 496. Effective January 1, 2003.)
  55. 74988.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 10. County-Specific Provisions [73640 - 74988] ( Chapter 10 heading repealed and added by Stats. 2020, Ch. 210, Sec. 29. ) ## ARTICLE 40. Shasta County [74984 - 74988] ( Article 40 repealed and added by Stats. 2002, Ch. 784, Sec. 496. )

    Verify source ↗

    The marshal and court-security employees of the marshal’s office, except reserve deputy marshals, are treated as employees of the Shasta County Superior Court.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 10. County-Specific Provisions [73640 - 74988] ( Chapter 10 heading repealed and added by Stats. 2020, Ch. 210, Sec. 29. ) ## ARTICLE 40. Shasta County [74984 - 74988] ( Article 40 repealed and added by Stats. 2002, Ch. 784, Sec. 496. ) ## 74988. The marshal and employees of the office of the marshal who provide court security services, except reserve deputy marshals, are employees of the Shasta County Superior Court for all purposes. (Repealed and added by Stats. 2002, Ch. 784, Sec. 496. Effective January 1, 2003.)
  56. 7500.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 21. Public Pension and Retirement Plans [7500 - 7522.76] ( Heading of Chapter 21 renumbered from Chapter 19 (as added by Stats. 1974, Ch. 1478) by Stats. 1977, Ch. 579. ) ## ARTICLE 1. General Provisions [7500 - 7514.7] ( Article 1 heading added by Stats. 2012, Ch. 296, Sec. 10. )

    Verify source ↗

    Certain large cities and their agencies must revise covered pension plans so men and women of the same age pay the same contributions, starting with service contributions on or after January 1, 1975.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 21. Public Pension and Retirement Plans [7500 - 7522.76] ( Heading of Chapter 21 renumbered from Chapter 19 (as added by Stats. 1974, Ch. 1478) by Stats. 1977, Ch. 579. ) ## ARTICLE 1. General Provisions [7500 - 7514.7] ( Article 1 heading added by Stats. 2012, Ch. 296, Sec. 10. ) ## 7500. Any city with a population of 1,000,000 or more, and any agency thereof, which has established any pension and retirement plan which requires officers and employees of one sex to pay greater contributions than those of another sex who are the same age shall revise the plan so that the contributions are the same commencing with contributions for service on and after January 1, 1975. This section shall not be construed as requiring or authorizing an increase in the contributions of any members of a pension and retirement plan. This section shall not be applicable to the Public Employees’ Retirement System. (Added by Stats. 1974, Ch. 1478.)
  57. 7500.5.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 21. Public Pension and Retirement Plans [7500 - 7522.76] ( Heading of Chapter 21 renumbered from Chapter 19 (as added by Stats. 1974, Ch. 1478) by Stats. 1977, Ch. 579. ) ## ARTICLE 1. General Provisions [7500 - 7514.7] ( Article 1 heading added by Stats. 2012, Ch. 296, Sec. 10. )

    Verify source ↗

    In the City of San Diego, a local public employer must provide federal-system coverage to employees who are not covered by a defined benefit plan.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 21. Public Pension and Retirement Plans [7500 - 7522.76] ( Heading of Chapter 21 renumbered from Chapter 19 (as added by Stats. 1974, Ch. 1478) by Stats. 1977, Ch. 579. ) ## ARTICLE 1. General Provisions [7500 - 7514.7] ( Article 1 heading added by Stats. 2012, Ch. 296, Sec. 10. ) ## 7500.5. (a) This section shall only apply to the City of San Diego. (b) For the purposes of this section, the following definitions shall apply: (1) “Federal system” means the old age, survivors, disability, and health insurance provisions of the federal Social Security Act (42 U.S.C. Sec. 301 et seq.). (2) “Local public employer” means the City of San Diego. (c) A local public employer shall provide coverage under the federal system to all employees who are not covered under a defined benefit plan. (d) The requirements of this section shall not apply with regard to replacing or changing an employer’s defined contribution plan that was in place on July 1, 2012, unless the defined contribution plan will replace or change the employer’s existing defined benefit plan. (Added by Stats. 2012, Ch. 853, Sec. 1. (AB 1248) Effective January 1, 2013.)
  58. 75000.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 1. General Provisions [75000 - 75006.6] ( Article 1 added by Stats. 1953, Ch. 206. )

    Verify source ↗

    This section names the chapter the “Judges’ Retirement Law” and says the retirement system it establishes is the “Judges’ Retirement System.”

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 1. General Provisions [75000 - 75006.6] ( Article 1 added by Stats. 1953, Ch. 206. ) ## 75000. This chapter shall be known and may be cited as the “Judges’ Retirement Law.” The retirement system established by this chapter shall be known and may be cited as the “Judges’ Retirement System.” (Amended by Stats. 1980, Ch. 1213.)
  59. 75001.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 1. General Provisions [75000 - 75006.6] ( Article 1 added by Stats. 1953, Ch. 206. )

    Verify source ↗

    This section says the article’s definitions and general provisions control how the chapter is interpreted, unless the context requires otherwise.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 1. General Provisions [75000 - 75006.6] ( Article 1 added by Stats. 1953, Ch. 206. ) ## 75001. Unless the context otherwise requires, the definitions and general provisions set forth in this article govern the construction of this chapter. (Added by Stats. 1953, Ch. 206.)
  60. 75002.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 1. General Provisions [75000 - 75006.6] ( Article 1 added by Stats. 1953, Ch. 206. )

    Verify source ↗

    This section defines “judge” for this chapter.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 1. General Provisions [75000 - 75006.6] ( Article 1 added by Stats. 1953, Ch. 206. ) ## 75002. “Judge” means a justice of the Supreme Court or of a court of appeal, or a judge of a superior court, municipal court, or justice court. A retired justice court judge does not acquire status as a judge for the purposes of this chapter by reason of designation as a judge pro tempore of, or assignment by the Chairperson of the Judicial Council to, any of these courts. “Judge” shall not mean a justice court judge who elected pursuant to Section 75029.5 to be restored to membership in the Public Employees’ Retirement System. (Amended by Stats. 1994, Ch. 235, Sec. 3. Effective January 1, 1995.)
  61. 75003.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 1. General Provisions [75000 - 75006.6] ( Article 1 added by Stats. 1953, Ch. 206. )

    Verify source ↗

    This section defines “salary” for a judge’s retirement law purposes.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 1. General Provisions [75000 - 75006.6] ( Article 1 added by Stats. 1953, Ch. 206. ) ## 75003. “Salary” means the compensation received by a judge as the emolument of the office of judge, and as limited by Section 75075.02, but, except as provided by Section 75076.2, does not include any additional compensation received by reason of designation as a judge pro tempore, assignment by the Chairperson of the Judicial Council, or the additional compensation pursuant to Section 68203.1. (Amended by Stats. 2001, Ch. 118, Sec. 8. Effective July 30, 2001.)
  62. 75004.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 1. General Provisions [75000 - 75006.6] ( Article 1 added by Stats. 1953, Ch. 206. )

    Verify source ↗

    “Service” means the time a person has made contributions because of holding office as a judge of one or more specified state courts, counted in years and fractions of years.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 1. General Provisions [75000 - 75006.6] ( Article 1 added by Stats. 1953, Ch. 206. ) ## 75004. “Service” means the period of time a person has made contributions by reason of holding office as a judge of any one or more of the courts of this state specified in Section 75002, computed in years and fractions of years. (Amended by Stats. 1989, Ch. 1417, Sec. 19.6.)
  63. 75004.5.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 1. General Provisions [75000 - 75006.6] ( Article 1 added by Stats. 1953, Ch. 206. )

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    In this chapter, references to a spouse, surviving spouse, or marriage also cover a domestic partner or domestic partnership, and qualifying domestic partners get the same rights and responsibilities as a spouse or surviving spouse.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 1. General Provisions [75000 - 75006.6] ( Article 1 added by Stats. 1953, Ch. 206. ) ## 75004.5. All references to “spouse,” “surviving spouse,” or “marriage” in this chapter apply equally to a domestic partner or domestic partnership, as defined in Section 297 of the Family Code, and all rights and responsibilities granted to a spouse or surviving spouse shall be granted equally to a domestic partner to the extent provided by Section 297.5 of the Family Code. (Added by Stats. 2012, Ch. 833, Sec. 10. (SB 987) Effective January 1, 2013.)
  64. 75005.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 1. General Provisions [75000 - 75006.6] ( Article 1 added by Stats. 1953, Ch. 206. )

    Verify source ↗

    This section puts the Board of Administration of the Public Employees’ Retirement System in charge of administering and governing the chapter, with some exceptions.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 1. General Provisions [75000 - 75006.6] ( Article 1 added by Stats. 1953, Ch. 206. ) ## 75005. Notwithstanding any other provision of law, this chapter shall be administered and governed by the Board of Administration of the Public Employees’ Retirement System in accordance with the Public Employees’ Retirement Law to the same extent and with the same effect as if those provisions are contained in the Judges’ Retirement Law, except for those provisions which provide for the payment of an allowance or other benefit and except for those provisions which conflict with any provision of the Judges’ Retirement Law. To the extent applicable, the Board of Administration of the Public Employees’ Retirement System shall also administer this chapter in conformance with the California Public Employees’ Pension Reform Act of 2013 (Article 4 (commencing with Section 7522) of Chapter 21 of Division 7 of Title 1) to the same extent and with the same effect as if the provisions of the act are contained in the Judges’ Retirement Law. If the Board of Administration of the Public Employees’ Retirement System determines that there is a conflict between the provisions of the California Public Employees’ Pension Reform Act of 2013 and this chapter, the provisions of the California Public Employees’ Pension Reform Act of 2013 shall control. “State Controller” or “Controller” as used in this chapter, or any other provision of law relating to the chapter, shall be construed to refer to and mean the “Board of Administration of the Public Employees’ Retirement System”; however, the Controller shall continue to perform the duties prescribed in Sections 75092, 75097, 75101, and 75102. All payments from the Judges’ Retirement Fund shall be made upon warrants drawn by the Controller upon demands by the Board of Administration of the Public Employees’ Retirement System. (Amended by Stats. 2013, Ch. 526, Sec. 25. (SB 220) Effective January 1, 2014.)
  65. 75006.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 1. General Provisions [75000 - 75006.6] ( Article 1 added by Stats. 1953, Ch. 206. )

    Verify source ↗

    Unpaid allowances or returned warrants are paid in a set priority order after a judge, spouse, or eligible child dies.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 1. General Provisions [75000 - 75006.6] ( Article 1 added by Stats. 1953, Ch. 206. ) ## 75006. (a) Any allowance payable to a retired judge or to a surviving spouse or to an eligible surviving child which has accrued and remained unpaid at the time of the judge’s or the surviving spouse’s or surviving child’s death, or any unclaimed warrant issued prior to the date of death and returned to the system, shall be paid pursuant to the following order: (1) The survivor entitled to an allowance payable by this system. (2) The beneficiary designated by the surviving spouse, eligible surviving child, or retired judge if there is no eligible survivor. (3) The estate of the deceased, if there is no one entitled to payment under paragraph (1) or (2). The payment to the estate shall be paid to either the estate of the deceased or the duly authorized representative or representatives of the estate when this system receives a court order appointing an executor, administrator, or personal representative. (4) If the estate does not require probate and the deceased has a trust, the payment may, in the judgment of the board, be paid to the successor trustee named in the trust. (5) If the estate does not require probate and the deceased does not have a trust, the payment may, in the judgment of the board, be paid to the beneficiary or beneficiaries of the deceased named in a valid will. (b) If there is no qualifying beneficiary pursuant to paragraphs (1) to (5), inclusive, of subdivision (a), the payment shall be paid to the surviving next of kin of the deceased pursuant to the order of distribution specified in Section 21493. (Amended by Stats. 2009, Ch. 130, Sec. 35. (AB 966) Effective January 1, 2010.)
  66. 75006.6.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 1. General Provisions [75000 - 75006.6] ( Article 1 added by Stats. 1953, Ch. 206. )

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    A qualifying surviving spouse, surviving child, or certain retired judge may name a beneficiary to receive the remaining allowance due in the month of death.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 1. General Provisions [75000 - 75006.6] ( Article 1 added by Stats. 1953, Ch. 206. ) ## 75006.6. The surviving spouse or eligible surviving child of a deceased judge who is receiving a monthly allowance from the Judges’ Retirement System, or a retired judge, if there is no spouse or eligible child, may designate a beneficiary to receive the pro rata allowance remaining payable in the month of his or her death. The designation may be made, changed or revoked at any time, provided that it is made in writing and filed with the Judges’ Retirement System. (Added by Stats. 1988, Ch. 992, Sec. 2.)
  67. 7501.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 21. Public Pension and Retirement Plans [7500 - 7522.76] ( Heading of Chapter 21 renumbered from Chapter 19 (as added by Stats. 1974, Ch. 1478) by Stats. 1977, Ch. 579. ) ## ARTICLE 1. General Provisions [7500 - 7514.7] ( Article 1 heading added by Stats. 2012, Ch. 296, Sec. 10. )

    Verify source ↗

    The Legislature states that this chapter is intended to protect the solvency of public retirement systems and funds.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 21. Public Pension and Retirement Plans [7500 - 7522.76] ( Heading of Chapter 21 renumbered from Chapter 19 (as added by Stats. 1974, Ch. 1478) by Stats. 1977, Ch. 579. ) ## ARTICLE 1. General Provisions [7500 - 7514.7] ( Article 1 heading added by Stats. 2012, Ch. 296, Sec. 10. ) ## 7501. It is the intent and purpose of the Legislature, in enacting this chapter, to safeguard the solvency of all public retirement systems and funds. The Legislature finds and declares that public agencies maintaining retirement systems can benefit from periodic and independent analysis of their financial condition. It is the purpose of Sections 7502, 7503, and 7504 to enable the State Controller to gather information to compare and evaluate the financial condition of such systems and to make such comparisons and evaluations. (Amended by Stats. 1982, Ch. 821, Sec. 1.)
  68. 7502.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 21. Public Pension and Retirement Plans [7500 - 7522.76] ( Heading of Chapter 21 renumbered from Chapter 19 (as added by Stats. 1974, Ch. 1478) by Stats. 1977, Ch. 579. ) ## ARTICLE 1. General Provisions [7500 - 7514.7] ( Article 1 heading added by Stats. 2012, Ch. 296, Sec. 10. )

    Verify source ↗

    The Controller must review certain public retirement system reports and valuations and establish an advisory committee to help carry out the section.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 21. Public Pension and Retirement Plans [7500 - 7522.76] ( Heading of Chapter 21 renumbered from Chapter 19 (as added by Stats. 1974, Ch. 1478) by Stats. 1977, Ch. 579. ) ## ARTICLE 1. General Provisions [7500 - 7514.7] ( Article 1 heading added by Stats. 2012, Ch. 296, Sec. 10. ) ## 7502. The Controller shall review the annual financial report of each state and local public retirement system submitted pursuant to Section 7504 giving particular consideration to the adequacy of funding of each system. The Controller shall also review the triennial valuation of each public retirement system submitted pursuant to Section 7504 and shall give particular consideration to the assumption concerning the inflation element in salary and wage increases, mortality, service retirement rates, withdrawal rates, disability retirement rates, and rate of return on total assets. The Controller shall establish an advisory committee that shall include actuaries who have attained the designation of Associate or Fellow of the Society of Actuaries and state and local public retirement system administrators to assist in carrying out the duties imposed by this section. (Amended by Stats. 2016, Ch. 415, Sec. 2. (AB 2375) Effective January 1, 2017.)
  69. 75025.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 2. Retirement for Service [75025 - 75035] ( Article 2 added by Stats. 1953, Ch. 206. )

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    A judge who meets one of the listed age-and-service combinations and is not barred by Section 75026 must file a retirement notice with the Judges’ Retirement System, stating the effective retirement date.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 2. Retirement for Service [75025 - 75035] ( Article 2 added by Stats. 1953, Ch. 206. ) ## 75025. Every judge who has the age and service qualifications specified in one of the following subdivisions, and who is not ineligible for retirement under Section 75026, shall be retired for service upon filing notice of retirement with the Judges’ Retirement System, specifying the date upon which his or her retirement is to become effective: (a) Age 70 or older, with an aggregate of 10 years of service as a judge within the 15 years immediately preceding the effective date of retirement. (b) Age 69, with an aggregate of 12 years of service as a judge within the 16 years immediately preceding the effective date of retirement. (c) Age 68, with an aggregate of 14 years of service as a judge within the 18 years immediately preceding the effective date of retirement. (d) Age 67, with an aggregate of 16 years of service as a judge within the 20 years immediately preceding the effective date of retirement. (e) Age 66, with an aggregate of 18 years of service as a judge within the 22 years immediately preceding the effective date of retirement. (f) Age 65, with an aggregate of 20 years of service as a judge within the 24 years immediately preceding the effective date of retirement. (g) Age 70 or older, with an aggregate of 20 years of service as a judge, the last five years of which has been served immediately preceding the effective date of retirement. (h) Age 60, with an aggregate of 20 years of service as a judge. Upon the effective date of the retirement of any judge, the judicial office from which he or she has retired shall become vacant, and a successor shall thereupon be appointed to fill the vacancy. (Amended by Stats. 1991, Ch. 90, Sec. 13. Effective June 30, 1991.)
  70. 75025.1.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 2. Retirement for Service [75025 - 75035] ( Article 2 added by Stats. 1953, Ch. 206. )

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    A judge whose service ends when a term expires may file a retirement notice or election within 90 days; a judge whose service ends for another reason must file before retirement becomes effective.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 2. Retirement for Service [75025 - 75035] ( Article 2 added by Stats. 1953, Ch. 206. ) ## 75025.1. A judge whose service is discontinued by the expiration of his term of office and who is otherwise eligible to retire under this chapter may file the notice of retirement provided for in Section 75025 or an election to retire under Section 75033.5 within 90 days after such termination, which notice or election shall be effective as though filed at the close of his term. A judge whose service is discontinued by other than the expiration of his term of office and who is otherwise eligible to retire under this chapter must file the notice of retirement provided for in Section 75025 or an election to retire under Section 75033.5 prior to the effective date of his retirement, and the effective date of his retirement cannot be earlier than the date when the notice of retirement is filed with the Judges’ Retirement System. (Amended by Stats. 1983, Ch. 395, Sec. 22.)
  71. 75026.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 2. Retirement for Service [75025 - 75035] ( Article 2 added by Stats. 1953, Ch. 206. )

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    A judge may not retire under Section 75025 unless the salary has had Judges’ Retirement Fund contributions deducted for at least 10 years, or the judge makes the required payment before retirement becomes effective.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 2. Retirement for Service [75025 - 75035] ( Article 2 added by Stats. 1953, Ch. 206. ) ## 75026. Except as provided in Section 75029, no judge shall be eligible to retire under Section 75025 if he or she has not received a salary from which contributions for the Judges’ Retirement Fund have been deducted for a period or periods aggregating at least 10 years unless, prior to the effective date of his or her retirement, he or she has paid into the Judges’ Retirement Fund a sum equal to the contributions which would have been deducted from his or her salary during the period of 10 years immediately preceding the effective date of his or her retirement if he or she had received a salary subject to deduction of contributions for the Judges’ Retirement Fund during all of that period, excluding any time within the 10-year period during which contributions for the Judges’ Retirement Fund were actually deducted from his or her salary, any time in that period in respect to which he or she has made payment under Section 75029, and any time in that period which is included in the computation of his or her service under Section 75031. The sum payable shall be computed by applying the rate or rates of deduction applicable to judges’ salaries during that time to the salary which the judge last received as the incumbent of a judicial office to which he or she was elected by the people. (Amended by Stats. 1989, Ch. 1417, Sec. 19.8.)
  72. 75027.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 2. Retirement for Service [75025 - 75035] ( Article 2 added by Stats. 1953, Ch. 206. )

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    If a judge’s term ends within 60 days before retirement service or retirement age is reached, the judge is treated as having already met that service or age requirement.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 2. Retirement for Service [75025 - 75035] ( Article 2 added by Stats. 1953, Ch. 206. ) ## 75027. Any judge whose term of office expires within 60 days before he or she has rendered the minimum service required for retirement at his or her age shall be deemed to have rendered that minimum service. Any judge whose term of office expires within 60 days before he or she attains the age required for his or her retirement, shall be deemed to have attained that age at any time during the 60-day period immediately preceding his or her actual attainment of that age. (Amended by Stats. 1989, Ch. 292, Sec. 1.)
  73. 75028.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 2. Retirement for Service [75025 - 75035] ( Article 2 added by Stats. 1953, Ch. 206. )

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    This section says judge pro tempore designations or assignments by the Judicial Council Chairperson do not change a person’s judge status for this chapter, except as stated in other cited sections. It also says a retiring judge who takes senior judge full-time service must be paid by the state at the applicable full-judge rate, and may receive certain travel, board, and lodging expenses.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 2. Retirement for Service [75025 - 75035] ( Article 2 added by Stats. 1953, Ch. 206. ) ## 75028. (a) Except as provided in Sections 75060.6, 75080, and 68543.5, any designation as a judge pro tempore or any assignment by the Chairperson of the Judicial Council shall be disregarded for purposes of this chapter. For the purposes of this chapter no person shall acquire status as a judge, nor shall any person’s status as a judge be affected, by any such designation or assignment. (b) A judge who elects to be available for full-time service on senior judge status after the effective date of retirement, shall be compensated by the state for that time at a rate equal to the full compensation of a judge of the court from which he or she retired or, at the judge’s election, at a rate equal to the full compensation of a judge of the court to which he or she is assigned. A judge serving on senior judge status also shall be eligible for travel, board, and lodging expenses, as provided in Section 68543.5. (Amended by Stats. 1988, Ch. 1310, Sec. 3.)
  74. 75028.1.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 2. Retirement for Service [75025 - 75035] ( Article 2 added by Stats. 1953, Ch. 206. )

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    Certain judges and retired judges may apply to the Chairperson of the Judicial Council for senior judge status if they meet the stated age and service conditions.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 2. Retirement for Service [75025 - 75035] ( Article 2 added by Stats. 1953, Ch. 206. ) ## 75028.1. (a) At the time of the filing of a notice of retirement under the Judges’ Retirement Law to be effective after 691/2 years of age but before the end of the term of office during which the judge attains 70 years of age, a judge may apply to the chairperson of the Judicial Council for senior judge status. (b) A retired judge who retired under the Judges’ Retirement Law before July 1, 1985, and who has attained 60 years of age, may apply to the Chairperson of the Judicial Council for senior judge status. (c) A judge who has left office at 60 years of age or older on or after July 1, 1985, and who has 20 years or more of retirement service credit under the Judges’ Retirement Law, may apply to the Chairperson of the Judicial Council for senior judge status. (d) A judge serving on senior judge status shall serve full time as assigned for up to five consecutive years and by accepting that status waives the right to refuse any assignment as otherwise provided by law. A judge who elects to retire under this section is deemed retired, and the judicial office from which the judge retired shall become vacant and a successor shall then be appointed to fill the vacancy. (Amended by Stats. 1992, Ch. 1032, Sec. 11. Effective January 1, 1993.)
  75. 75028.2.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 2. Retirement for Service [75025 - 75035] ( Article 2 added by Stats. 1953, Ch. 206. )

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    A retired judge on senior judge status may not receive a retirement allowance, except for generally available health and welfare benefits. The Controller must administer salary payments and make appropriate deductions.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 2. Retirement for Service [75025 - 75035] ( Article 2 added by Stats. 1953, Ch. 206. ) ## 75028.2. A retired judge on senior judge status shall not receive a retirement allowance, except for health and welfare benefits generally available to judges of courts on which the judge served as an active judge. The Controller shall administer payment of salary to retired judges on senior judge status and for making any appropriate deductions. (Amended by Stats. 1988, Ch. 544, Sec. 2.)
  76. 75028.3.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 2. Retirement for Service [75025 - 75035] ( Article 2 added by Stats. 1953, Ch. 206. )

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    Senior judge status ends after five years, unless it ends earlier because the judge asks to end it, fails assigned service, or the Commission on Judicial Performance orders it.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 2. Retirement for Service [75025 - 75035] ( Article 2 added by Stats. 1953, Ch. 206. ) ## 75028.3. Notwithstanding any other provision of law, senior judge status shall terminate at the end of five years, except that the status shall terminate earlier when any of the following occurs: (a) The judge on senior judge status requests termination. (b) The judge fails to perform service as assigned. (c) The Commission on Judicial Performance so orders. (Amended by Stats. 1992, Ch. 1032, Sec. 12. Effective January 1, 1993.)
  77. 75028.4.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 2. Retirement for Service [75025 - 75035] ( Article 2 added by Stats. 1953, Ch. 206. )

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    If a judge’s senior judge status ends, the judge may elect the retirement benefits available when senior judge status was chosen. If the status ends within five years because the judge dies, any payable surviving spouse benefit must be paid.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 2. Retirement for Service [75025 - 75035] ( Article 2 added by Stats. 1953, Ch. 206. ) ## 75028.4. (a) A judge whose senior judge status is terminated may elect to receive the retirement benefits for which the judge was eligible at the time he or she elected senior judge status. (b) If the senior judge status is terminated before the end of five years because of the judge’s death, any surviving spouse benefit that is payable, as provided in the section under which the judge retired prior to electing the senior judge status, shall be paid. (Amended by Stats. 1992, Ch. 1032, Sec. 13. Effective January 1, 1993.)
  78. 75028.5.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 2. Retirement for Service [75025 - 75035] ( Article 2 added by Stats. 1953, Ch. 206. )

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    If a judge took out accumulated contributions after leaving service, that service will not count if the judge later returns, unless the judge repays the withdrawn amount plus interest into the Judges’ Retirement Fund.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 2. Retirement for Service [75025 - 75035] ( Article 2 added by Stats. 1953, Ch. 206. ) ## 75028.5. After a judge has withdrawn his or her accumulated contributions upon discontinuance of his or her service, that service shall not count in the event he or she later becomes a judge again, until he or she pays into the Judges’ Retirement Fund the amount of accumulated contributions withdrawn by him or her, plus interest thereon at the rate of interest then being required to be paid by members of the Public Employees’ Retirement System under Section 20750 from the date of withdrawal to the date of his or her payment. (Amended by Stats. 2009, Ch. 130, Sec. 36. (AB 966) Effective January 1, 2010.)
  79. 75028.6.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 2. Retirement for Service [75025 - 75035] ( Article 2 added by Stats. 1953, Ch. 206. )

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    The senior judge status program ends on January 1, 1997, and after that date no person may elect senior judge status or use its rights, except that people already holding that status on that date may exercise the termination rights in Section 75028.4.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 2. Retirement for Service [75025 - 75035] ( Article 2 added by Stats. 1953, Ch. 206. ) ## 75028.6. The senior judge status program shall terminate on January 1, 1997. No person may elect senior judge status or exercise any of the rights thereof on or after that date, except that all persons holding senior judge status on that date may exercise the termination rights specified in Section 75028.4. (Added by Stats. 1992, Ch. 1032, Sec. 14. Effective January 1, 1993.)
  80. 75029.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 2. Retirement for Service [75025 - 75035] ( Article 2 added by Stats. 1953, Ch. 206. )

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    A judge who previously served in an excluded court can count that service toward judicial service years if the judge pays the required amount into the Judges’ Retirement Fund before retirement becomes effective.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 2. Retirement for Service [75025 - 75035] ( Article 2 added by Stats. 1953, Ch. 206. ) ## 75029. For any judge who, prior to becoming a judge, served as a “judge of an excluded court” as defined below, there shall be included in the computation of the number of years of service as a judge the number of years he or she served as a “judge of an excluded court” if prior to the effective date of his or her retirement he or she has paid into the Judges’ Retirement Fund a sum equal to the amount that would have been deducted from his or her salary and paid into that fund had he or she been a judge, during the time he or she was a “judge of an excluded court,” computed by applying to the rate of salary that he or she actually received during his or her first year of service as a judge the rate of deduction applicable to judges’ salaries during that year. As used in this section “judge of an excluded court” means a judge of a justice court or a judge, justice of the peace, or recorder of a court provided for by law prior to January 1, 1952. A judge shall not, under this section, receive credit for that portion, if any, of his or her service as a judge of an excluded court, if other provisions of this chapter provide for the inclusion of that service in the computation of his or her years of service as a judge. (Amended by Stats. 2002, Ch. 664, Sec. 127.1. Effective January 1, 2003.)
  81. 75029.1.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 2. Retirement for Service [75025 - 75035] ( Article 2 added by Stats. 1953, Ch. 206. )

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    From January 1, 1990, only certain judges may elect credit for prior service as a judge of an excluded court.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 2. Retirement for Service [75025 - 75035] ( Article 2 added by Stats. 1953, Ch. 206. ) ## 75029.1. On and after January 1, 1990, the right to elect to receive credit for prior service as a judge of an excluded court pursuant to Section 75029 shall apply only to a justice of the Supreme Court or a court of appeal or a judge of a superior or municipal court. (Added by Stats. 1989, Ch. 1417, Sec. 20.)
  82. 75029.5.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 2. Retirement for Service [75025 - 75035] ( Article 2 added by Stats. 1953, Ch. 206. )

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    Certain justice court judges may elect to be restored to Public Employees’ Retirement System membership, and the board must give affected members an election period.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 2. Retirement for Service [75025 - 75035] ( Article 2 added by Stats. 1953, Ch. 206. ) ## 75029.5. Notwithstanding any other provision of law, any justice court judge who was a member of the Public Employees’ Retirement System on December 31, 1989, and became a member of this system on January 1, 1990, pursuant to Chapter 1417 of the Statutes of 1989, may irrevocably elect to be restored to membership in the Public Employees’ Retirement System effective January 1, 1990. The board shall provide the affected members with an election period commencing on July 1, 1992, and ending on September 30, 1992. Any justice court judge who elects membership in the Public Employees’ Retirement System pursuant to this section shall be refunded his or her accumulated contributions in this system for the period January 1, 1990, through the date of election and deposit in the Public Employees’ Retirement Fund the amount required by that system. (Added by Stats. 1992, Ch. 176, Sec. 3. Effective July 13, 1992.)
  83. 7503.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 21. Public Pension and Retirement Plans [7500 - 7522.76] ( Heading of Chapter 21 renumbered from Chapter 19 (as added by Stats. 1974, Ch. 1478) by Stats. 1977, Ch. 579. ) ## ARTICLE 1. General Provisions [7500 - 7514.7] ( Article 1 heading added by Stats. 2012, Ch. 296, Sec. 10. )

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    State and local public retirement systems must prepare an annual report using generally accepted accounting principles.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 21. Public Pension and Retirement Plans [7500 - 7522.76] ( Heading of Chapter 21 renumbered from Chapter 19 (as added by Stats. 1974, Ch. 1478) by Stats. 1977, Ch. 579. ) ## ARTICLE 1. General Provisions [7500 - 7514.7] ( Article 1 heading added by Stats. 2012, Ch. 296, Sec. 10. ) ## 7503. All state and local public retirement systems shall prepare an annual report in accordance with generally accepted accounting principles. (Amended by Stats. 1978, Ch. 388.)
  84. 75030.10.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 2. Retirement for Service [75025 - 75035] ( Article 2 added by Stats. 1953, Ch. 206. )

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    Certain eligible judicial candidates may choose to pay contributions and receive service credit for prior public legal officer service.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 2. Retirement for Service [75025 - 75035] ( Article 2 added by Stats. 1953, Ch. 206. ) ## 75030.10. Any person who filed a declaration of candidacy for a judicial office pursuant to Section 8023 or 8201 of the Elections Code prior to May 1, 1962, and was elected to that office at the subsequent election, may elect pursuant to the provisions of Section 75030.5 to make contribution for, and receive credit in this system as service, time served as a public legal officer as defined in Section 75030.5. The contributions authorized by this section shall be made at the rate provided in Section 75102 on the effective date of this section. (Amended by Stats. 1994, Ch. 923, Sec. 103. Effective January 1, 1995.)
  85. 75030.5.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 2. Retirement for Service [75025 - 75035] ( Article 2 added by Stats. 1953, Ch. 206. )

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    Certain judges may elect to buy retirement credit for prior service, but they must file a written election before retirement and pay the required amount plus 3% annual interest.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 2. Retirement for Service [75025 - 75035] ( Article 2 added by Stats. 1953, Ch. 206. ) ## 75030.5. (a) Any judge who first becomes a judge on or after May 1, 1962, and who has served as an elected state constitutional officer before becoming a judge, or any judge who first became a judge prior to that date who has served as a constitutional officer or as a public legal officer before becoming a judge, has a right to elect, by written election filed with the Judges’ Retirement System at any time prior to retirement, to make contributions pursuant to this section for, and receive credit in this system as, service for all or any part of the time the judge served as that officer, excluding any period of time for which the judge is receiving, or is entitled to receive, a retirement allowance from any other public retirement system. (b) As used in this chapter: (1) “Elected state constitutional officer” means the holder of the office of Member of the Senate or Assembly, Governor, Lieutenant Governor, Secretary of State, Controller, Treasurer, Attorney General, Superintendent of Public Instruction, or member of the State Board of Equalization. (2) “Constitutional officer” means the holder of an office created by the California Constitution, and “public legal officer” means the holder of any legal office of the state or any agency of the state or of any county or city in the state who is paid a salary or other fixed regular compensation and who is admitted and licensed to practice law in the State of California during the time of holding the office and whose principal duties in the office are legal in nature, such as the Attorney General, Legislative Counsel, Commissioner of Financial Protection and Innovation, a district attorney, county counsel, city attorney, city prosecutor, public defender, or a deputy of any such office, or a secretary to the Governor whose duties include the hearing of extradition matters, admitted and licensed to practice law in the State of California during the time of holding the office and whose principal duties in the office are legal in nature. (c) Every judge electing to receive credit for service pursuant to this section shall at the time of filing the judge’s election, and as a condition to receiving that credit, pay into the Judges’ Retirement Fund a sum equal to the amount which would have been deducted from the judge’s salary and paid into that fund pursuant to Section 75102 had the judge been a judge during the time for which the judge elects to receive credit for service, computed by applying the rates of deduction applicable to judges’ salaries during that time to the rate of salary the judge actually received during the first year as a judge, plus interest at 3 percent a year, to the date of the judge’s payment, upon the amounts of the deductions and from the respective dates they would have been paid had the judge been a judge during the time for which the judge elects to receive credit for service. The amount and interest shall be determined by the Judges’ Retirement System in accordance with this section. Funds transferred to the Judges’ Retirement Fund pursuant to Section 9356.5 shall be deducted from the payment. Any funds so transferred which are in excess of the amount required by this section shall be refunded to the judge. (d) This section shall not apply to any person who, on or after January 1, 1986, first becomes or continues as an elected state constitutional officer, in a term which commences on or after January 1, 1986. (Amended by Stats. 2022, Ch. 452, Sec. 192. (SB 1498) Effective January 1, 2023.)
  86. 75030.6.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 2. Retirement for Service [75025 - 75035] ( Article 2 added by Stats. 1953, Ch. 206. )

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    A judge may elect to receive credit for service only if the judge meets the section’s service or office-based eligibility conditions, and the section excludes certain judges and elected state constitutional officers.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 2. Retirement for Service [75025 - 75035] ( Article 2 added by Stats. 1953, Ch. 206. ) ## 75030.6. On and after October 1, 1961, the right to elect to receive credit for service pursuant to Section 75030.5 shall apply only to a judge who has served as a judge as defined by Section 75002 for at least six years or who is elected to the office of judge as defined by Section 75002. This section shall not apply to any judge who is a member of this system on September 30, 1961, or to any person who, on or after January 1, 1986, first becomes or continues as an elected state constitutional officer, as defined by Section 75030.5, in a term which commences on or after January 1, 1986. (Amended by Stats. 1985, Ch. 1359, Sec. 4.)
  87. 75030.7.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 2. Retirement for Service [75025 - 75035] ( Article 2 added by Stats. 1953, Ch. 206. )

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    A judge may file a written election before retirement to buy service credit for time served as a federal judicial officer, but must pay the required amount into the Judges’ Retirement Fund when filing.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 2. Retirement for Service [75025 - 75035] ( Article 2 added by Stats. 1953, Ch. 206. ) ## 75030.7. Any judge has a right to elect, by written election filed with the Judges’ Retirement System at any time prior to retirement, to make contributions pursuant to this section for, and receive service credit in this system for all of the time he or she served as a federal judicial officer, excluding any period of time for which the judge is receiving, or is entitled to receive, a retirement allowance from any other public retirement system. As used in this section, the term “federal judicial officer” means federal justice, federal judge, and federal magistrate judge. Every judge electing to receive credit for service pursuant to this section shall at the time of filing his or her election, pay into the Judges’ Retirement Fund a sum equal to actuarial present value of the increase in benefit due to the additional service. The amount shall be determined by the Judges’ Retirement System in accordance with this section. (Added by Stats. 1998, Ch. 996, Sec. 8. Effective January 1, 1999.)
  88. 75030.8.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 2. Retirement for Service [75025 - 75035] ( Article 2 added by Stats. 1953, Ch. 206. )

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    A judge may file a written election before retirement to pay contributions and receive service credit for prior full-time subordinate judicial officer service, except for periods tied to another public retirement allowance.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 2. Retirement for Service [75025 - 75035] ( Article 2 added by Stats. 1953, Ch. 206. ) ## 75030.8. (a) A judge may elect, by written election filed with the board at any time prior to retirement, to make contributions and receive service credit for all of the time he or she served as a full-time subordinate judicial officer, as defined in Section 71601, prior to becoming a judge, excluding any period of time for which the judge is receiving, or is entitled to receive, a retirement allowance from any other public retirement system. (b) A judge electing to receive credit for service pursuant to subdivision (a) shall, at the time of filing his or her election, pay to the Judges’ Retirement Fund, a sum equal to the actuarial present value of the increase in benefits due to the additional service. The amount shall be determined by the Judges’ Retirement System in accordance with this section. (Added by renumbering Section 75030.9 (as added by Stats. 2001, Ch. 433) by Stats. 2003, Ch. 10, Sec. 34. Effective May 14, 2003.)
  89. 75030.9.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 2. Retirement for Service [75025 - 75035] ( Article 2 added by Stats. 1953, Ch. 206. )

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    Certain Senate or Assembly members with judge contributions on deposit may elect to make contributions, gain service credit, and be retired as judges if they meet the stated conditions.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 2. Retirement for Service [75025 - 75035] ( Article 2 added by Stats. 1953, Ch. 206. ) ## 75030.9. A Member of the Senate or Assembly whose contributions as a judge remain on deposit in the fund under Section 75033, shall, during the term of office for which he or she was elected: (a) Have a right under Section 75030.5 to elect by written election filed with the Judges’ Retirement System at any time prior to his or her retirement, to make contributions pursuant to Section 75030.5 and to receive credit in this system as service rendered for all or any part of his or her service as an elected state constitutional officer, or as a public legal officer, as defined in Section 75030.5, either before or after his or her service as a judge, excluding any period of time for which he or she is receiving or is entitled to receive a retirement allowance from any other public retirement system. This subdivision does not apply to any person who, on or after January 1, 1986, first becomes or continues as an elected state constitutional officer, as defined by Section 75030.5, in a term which commences on or after January 1, 1986. (b) Be retired as a judge under Section 75025 upon attaining, as provided in this section, the age and service requirements specified in that section. For the purposes of this section, “service as an elected state constitutional officer” includes all or any portion of the term of office for which he or she was duly elected as an elected state constitutional officer as specified by law at the time of his or her election. (Amended (as amended by Stats. 1986, Ch. 115) by Stats. 2002, Ch. 664, Sec. 127.2. Effective January 1, 2003.)
  90. 75031.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 2. Retirement for Service [75025 - 75035] ( Article 2 added by Stats. 1953, Ch. 206. )

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    Military-service absence time counts toward a judge’s retirement service, including certain retroactive cases.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 2. Retirement for Service [75025 - 75035] ( Article 2 added by Stats. 1953, Ch. 206. ) ## 75031. In computing the number of years a person has been a judge for the purposes of retirement under Sections 75025 or 75060, there shall be included any time as he or she was absent from his or her position as judge by reason of service with the armed forces of the United States during a war involving the United States as a belligerent or in any other national emergency, and for six months thereafter. This section shall be retroactively applied to extend its benefits to all judges who served in the military service in time of war, including the period September 16, 1940, to December 7, 1941, and who return or have returned to their positions upon the termination of their military service or within six months thereafter. The provisions of this section apply to any person who resigned judicial office to enter military service in time of national emergency declared by the President prior to the authorization by law of military leave, if he or she returned to judicial office within 90 days after his or her separation from military service. (Amended by Stats. 2002, Ch. 664, Sec. 127.3. Effective January 1, 2003.)
  91. 75031.5.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 2. Retirement for Service [75025 - 75035] ( Article 2 added by Stats. 1953, Ch. 206. )

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    A judge may elect to buy service credit for qualifying prior military or Merchant Marine service, subject to filing requirements, payment, service-length limits, and exclusions.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 2. Retirement for Service [75025 - 75035] ( Article 2 added by Stats. 1953, Ch. 206. ) ## 75031.5. (a) A judge may elect, in writing filed with the Judges’ Retirement System, to make contributions and receive service credit in this system for active service, performed prior to entering the system, of not less than one year in the Armed Forces of the United States or not less than one year in the Merchant Marine of the United States prior to January 1, 1950, excluding any period of that active service for which the judge is receiving, or is entitled to receive, a retirement allowance from any other retirement system supported wholly or in part by public funds. The service credit for that service may be granted on the basis of one year of credit for each year of credited service in this system, but may not exceed a total of four years of service credit regardless of the number of years of either that service or subsequent judicial service. A judge electing to receive credit for that service shall have at least one year of judicial service credited on the date of election or the date of retirement. If the service described in this subdivision terminated with a dishonorable discharge, service credit in the system may not be granted under this section. (b) For purposes of this section, a judge means a judge as defined in Section 75002 or a judge who has retired pursuant to Section 75025 or has elected a deferred retirement subject to Section 75033.5. (c) The retirement allowance of a retired judge who elects to receive service credit pursuant to this section shall be increased only with respect to the allowance payable on and after the date of election. (d) A judge who elects to receive credit for service pursuant to this section shall contribute to the Judges’ Retirement Fund a sum equal to the actuarial present value of the increase in benefits due to the additional service, as determined by the chief actuary and approved by the board. (e) An election by a judge to receive credit for service under this section shall be effective only if accompanied by a lump-sum payment or an authorization for payment, other than a lump-sum payment, in accordance with regulations adopted by the board. (Added by Stats. 2004, Ch. 231, Sec. 11. Effective January 1, 2005.)
  92. 75032.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 2. Retirement for Service [75025 - 75035] ( Article 2 added by Stats. 1953, Ch. 206. )

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    Retired judges covered by this section must receive a lifetime allowance equal to half the salary of the judge then holding the office, and the state must pay it on the same schedule and in the same manner as Supreme Court justices’ salaries.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 2. Retirement for Service [75025 - 75035] ( Article 2 added by Stats. 1953, Ch. 206. ) ## 75032. Every judge who has retired or who retires pursuant to Section 75025 before or after September 11, 1957, shall, during the remainder of his or her life, receive an allowance equal to one-half the salary payable, at the time payment of the allowance falls due, to the judge holding the judicial office to which he or she was last appointed or elected by the people. The allowance shall be paid by the state at the times and in the manner provided for the payment of salaries of justices of the Supreme Court. This amendment to this section enacted by the Legislature at its 1957 Regular Session does not give any retired judge a claim against the state for any increase in retirement allowance or other benefit for time prior to September 11, 1957. (Amended by Stats. 1986, Ch. 115, Sec. 6.)
  93. 75032.5.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 2. Retirement for Service [75025 - 75035] ( Article 2 added by Stats. 1953, Ch. 206. )

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    Retired judges and eligible beneficiaries may authorize deductions from retirement allowance payments to pay group life insurance premiums, subject to Controller regulations.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 2. Retirement for Service [75025 - 75035] ( Article 2 added by Stats. 1953, Ch. 206. ) ## 75032.5. Retired judges, and beneficiaries, who are entitled to receive allowances under the provisions of this chapter, may authorize deductions to be made from their retirement allowance payments, in accordance with regulations established by the Controller for payment of group life insurance premiums for a group life insurance plan approved by the Director of Finance. (Added by Stats. 1963, Ch. 1627.)
  94. 75033.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 2. Retirement for Service [75025 - 75035] ( Article 2 added by Stats. 1953, Ch. 206. )

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    A judge whose service ends for reasons other than the listed ones may file a written election within 90 days to leave accumulated contributions in the fund, and if that choice is made and the judge applies, retirement and a benefit calculation rule follow at age 65.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 2. Retirement for Service [75025 - 75035] ( Article 2 added by Stats. 1953, Ch. 206. ) ## 75033. Notwithstanding any other provision of this chapter, if the service of a judge, who has been elected or appointed as such, is discontinued by any means other than death, resignation, recall, impeachment, or retirement pursuant to this chapter, he or she shall have the right to elect in writing filed with the Judges’ Retirement System within 90 days thereafter, and without right of revocation, whether to allow his or her accumulated contributions to remain in the fund. A judge who after the effective date of the 1972 amendments to this section leaves his or her office to accept any lucrative office under the United States within the purview of Section 7 of Article VII of the California Constitution shall not be eligible for deferred retirement under this section. Failure to make the election shall be deemed an irrevocable election to withdraw his or her accumulated contributions. A judge who so elects to allow his or her accumulated contributions to remain in the fund shall, upon his or her application therefor to the Judges’ Retirement System be retired, and after attaining age 65 receive a retirement allowance based upon the judicial service with which he or she is credited, in the same manner as other judges, except that his or her retirement allowance is an annual amount equal to 5 percent of the compensation payable, at the time payments of the allowance fall due, to the judge holding the office that the retired judge last held prior to the discontinuance of his or her service as judge, multiplied by the number of years and fractions of years of service with which the retired judge is entitled to be credited at the time of such discontinuance of his or her service, not to exceed eight years. This section does not apply to any person who becomes a judge after January 1, 1974. The amendments to this section during 1977 are also applicable to persons who elected to allow their accumulated contributions to remain in the fund prior to January 1, 1978. (Amended by Stats. 2002, Ch. 664, Sec. 127.4. Effective January 1, 2003.)
  95. 75033.1.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 2. Retirement for Service [75025 - 75035] ( Article 2 added by Stats. 1953, Ch. 206. )

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    A judge removed from office by the Supreme Court cannot receive Section 75033 benefits, but the judge must be paid their accumulated contributions by the Judges’ Retirement System.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 2. Retirement for Service [75025 - 75035] ( Article 2 added by Stats. 1953, Ch. 206. ) ## 75033.1. Any judge who is removed from office by the Supreme Court shall not receive any of the benefits provided by Section 75033. The amount of his accumulated contributions shall be paid to him by the Judges’ Retirement System. This section shall be applicable only to a person who becomes a judge after the effective date of this section. (Amended by Stats. 1986, Ch. 115, Sec. 8.)
  96. 75033.2.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 2. Retirement for Service [75025 - 75035] ( Article 2 added by Stats. 1953, Ch. 206. )

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    A judge who meets the stated conviction conditions may not receive Judges’ Retirement System benefits, but accumulated contributions must still be paid out.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 2. Retirement for Service [75025 - 75035] ( Article 2 added by Stats. 1953, Ch. 206. ) ## 75033.2. A judge who pleads guilty or no contest or is found guilty of a crime committed while holding judicial office which is punishable as a felony under California or federal law and which either involves moral turpitude under that law or was committed in the course and scope of performing the judge’s duties, and the conviction becomes final shall not receive any benefits from the Judges’ Retirement System, except that the amount of his or her accumulated contributions shall be paid to him or her by the Judges’ Retirement System. (Added by Stats. 1988, Ch. 993, Sec. 1.)
  97. 75033.5.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 2. Retirement for Service [75025 - 75035] ( Article 2 added by Stats. 1953, Ch. 206. )

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    Judges meeting the service and age rules may retire and receive a retirement allowance, with special calculations for part-time and shorter service, and the election to retire is irrevocable once filed.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 2. Retirement for Service [75025 - 75035] ( Article 2 added by Stats. 1953, Ch. 206. ) ## 75033.5. Notwithstanding any other provision of this chapter, any judge with at least five years of service, may retire, and upon his or her application therefor to the Judges’ Retirement System after reaching the age which would have permitted him or her to retire for age and length of service under Section 75025 had he or she remained continuously in service as a judge up to that age, receive a retirement allowance based upon the judicial service as a judge of a court of record, with which he or she is credited, in the same manner as other judges, except as otherwise provided by this section the retirement allowance is an annual amount equal to 3.75 percent of the compensation payable, at the time payments of the allowance fall due, to the judge holding the office which the retired judge last held prior to his or her discontinuance of his or her service as judge, multiplied by the number of years and fractions of years of service with which the retired judge is entitled to be credited at the time of his or her retirement, not to exceed 20 years. A judge of a justice court who renders part-time service after January 1, 1990, shall receive a reduced retirement allowance based upon actual service rendered. If a judge has served more than five years but less than 12 years, the above percentage of compensation payable shall be reduced 0.25 percent for each year that the service of the judge is less than 12 years. For the purposes of calculating the percentage of compensation payable, part-time service shall be the equivalent of full-time service. No judge shall be eligible to receive an allowance pursuant to this section until the attainment of at least age 63 unless the judge is credited with 20 years of judicial service and has attained age 60. The surviving spouse of any judge who has so elected to retire under this section shall receive for life an allowance equal to one-half of the retirement allowance that would be payable to the judge were he or she living and receiving the benefits accorded by this section, commencing with the day following the date of the death, if the judge dies after commencement of receipt of benefits, or the date the judge would have been able to commence receipt of benefits but for his or her death, if his or her death occurs prior to commencement of receipt of benefits. An election to retire under this section shall be made in writing and filed with the Judges’ Retirement System, and shall be without right of revocation, and upon that filing the judge shall be deemed retired with receipt of benefits deferred until herein provided, and the judicial office from which he or she has retired shall become vacant. The notice and election of retirement shall be sufficient if it states in substance that the judge elects to retire under the benefits of this section. A judge who leaves his or her office prior to July 21, 1997, to accept any lucrative office under the United States within the purview of Section 7 of Article VII of the Constitution shall have any benefits receivable hereunder reduced by the amount of any salary or retirement benefits he or she receives by virtue of his or her service in that office. This paragraph shall not apply to any judge who left office on or after July 21, 1997. (Amended by Stats. 1998, Ch. 212, Sec. 1. Effective January 1, 1999.)
  98. 75033.6.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 2. Retirement for Service [75025 - 75035] ( Article 2 added by Stats. 1953, Ch. 206. )

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    If a judge retires under Section 75033 or 75033.5 and the judge’s ex-spouse has been awarded a community property benefit, the judge’s retirement allowance percentage is reduced by the ex-spouse’s percentage factor, and the combined percentages may not exceed the maximum allowed.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 2. Retirement for Service [75025 - 75035] ( Article 2 added by Stats. 1953, Ch. 206. ) ## 75033.6. If a judge retires pursuant to Section 75033 or 75033.5 and there has been a community property benefit awarded to the judge’s ex-spouse pursuant to Article 2.5 (commencing with Section 75050), the retirement allowance percentage payable to the judge shall be calculated at the rate specified in Section 75033 or 75033.5 less the percentage factor awarded to the ex-spouse. In no instance, regardless of the total number of years of credited service in the Judges’ Retirement System, shall the retirement allowance percentage awarded the judge, when combined with the percentage awarded the ex-spouse, exceed the maximum amount allowable under the pertinent section under which the judge retired. (Added by Stats. 1989, Ch. 1379, Sec. 1. Applicable from June 1, 1988, by Sec. 7 of Ch. 1379.)
  99. 75035.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 2. Retirement for Service [75025 - 75035] ( Article 2 added by Stats. 1953, Ch. 206. )

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    For this article, a resignation does not include one made to accept an elective or appointive public office.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 2. Retirement for Service [75025 - 75035] ( Article 2 added by Stats. 1953, Ch. 206. ) ## 75035. “Resignation,” as used in this article, does not include a resignation, express or implied, which is for the purpose of accepting an elective or appointive public office. (Added by Stats. 1967, Ch. 853.)
  100. 7504.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 21. Public Pension and Retirement Plans [7500 - 7522.76] ( Heading of Chapter 21 renumbered from Chapter 19 (as added by Stats. 1974, Ch. 1478) by Stats. 1977, Ch. 579. ) ## ARTICLE 1. General Provisions [7500 - 7514.7] ( Article 1 heading added by Stats. 2012, Ch. 296, Sec. 10. )

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    State and local public retirement systems must regularly hire an actuary and a qualified auditor, submit audited financial statements to the Controller, and follow the Controller’s reporting rules.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 21. Public Pension and Retirement Plans [7500 - 7522.76] ( Heading of Chapter 21 renumbered from Chapter 19 (as added by Stats. 1974, Ch. 1478) by Stats. 1977, Ch. 579. ) ## ARTICLE 1. General Provisions [7500 - 7514.7] ( Article 1 heading added by Stats. 2012, Ch. 296, Sec. 10. ) ## 7504. (a) All state and local public retirement systems shall, not less than triennially, secure the services of an actuary. For the purposes of this section, “actuary” means an actuary who satisfies the qualification standards for actuaries issuing statements of actuarial opinion in the United States with regard to pensions or other postemployment benefits and who has demonstrated experience in public retirement systems. The actuary shall perform a valuation of the system utilizing actuarial assumptions and techniques established by the agency that are, in the aggregate, reasonably related to the experience and the actuary’s best estimate of anticipated experience under the system. Any differences between the actuarial assumptions and techniques used by the actuary that differ significantly from those established by the agency shall be disclosed in the actuary’s report and the effect of the differences on the actuary’s statement of costs and obligations shall be shown. (b) All state and local public retirement systems shall secure the services of a qualified person to perform an attest audit of the system’s financial statements. A qualified person means any of the following: (1) A person who is licensed to practice as a certified public accountant in this state by the California Board of Accountancy. (2) A person who is registered and entitled to practice as a public accountant in this state by the California Board of Accountancy. (3) A county auditor in any county subject to the County Employees Retirement Law of 1937 (Chapter 3 (commencing with Section 31450) of Part 3 of Division 4 of Title 3). (4) A county auditor in any county having a pension trust and retirement plan established pursuant to Section 53216. (c) All state and local public retirement systems shall submit audited financial statements to the Controller at the earliest practicable opportunity within six months of the close of each fiscal year. However, the Controller may delay the filing date for reports due in the first year until the time as report forms have been developed that, in his or her judgment, will satisfy the requirements of this section. The financial statements shall be prepared in accordance with generally accepted accounting principles in the form and manner prescribed by the Controller. The penalty prescribed in Section 53895 shall be invoked for failure to comply with this section. Upon a satisfactory showing of good cause, the Controller may waive the penalty for late filing provided by this subdivision. (d) The Controller shall compile and publish a report annually on the financial condition of all state and local public retirement systems containing, but not limited to, the data required in Section 7502. The report shall be published within 12 months of the receipt of the information, and in no case later than 18 months after the end of the fiscal year upon which the information in the report is based. (Amended by Stats. 2016, Ch. 415, Sec. 3. (AB 2375) Effective January 1, 2017.)
  101. 7505.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 21. Public Pension and Retirement Plans [7500 - 7522.76] ( Heading of Chapter 21 renumbered from Chapter 19 (as added by Stats. 1974, Ch. 1478) by Stats. 1977, Ch. 579. ) ## ARTICLE 1. General Provisions [7500 - 7514.7] ( Article 1 heading added by Stats. 2012, Ch. 296, Sec. 10. )

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    Public retirement systems must allow benefit recipients to direct their payments to a bank, savings and loan association, or credit union.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 21. Public Pension and Retirement Plans [7500 - 7522.76] ( Heading of Chapter 21 renumbered from Chapter 19 (as added by Stats. 1974, Ch. 1478) by Stats. 1977, Ch. 579. ) ## ARTICLE 1. General Provisions [7500 - 7514.7] ( Article 1 heading added by Stats. 2012, Ch. 296, Sec. 10. ) ## 7505. Every state and local public retirement system shall permit any person entitled to the receipt of benefits to designate that payment of such benefits shall be transmitted to a bank, savings and loan association, or credit union for deposit in the person’s account, and the transmittal of such payment pursuant to this section shall discharge the public agency’s obligations in respect to such payment. (Added by Stats. 1979, Ch. 454.)
  102. 75050.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 2.5. Community Property [75050 - 75059.1] ( Article 2.5 added by Stats. 1989, Ch. 1379, Sec. 2. )

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    When a marriage is legally separated or dissolved, the court must state the separation date in the judgment or order. If the court divides community property in the retirement system, the marriage-period contributions and service credit must be split into separate member and nonmember accounts. The board then determines the nonmember’s rights, but the nonmember is not entitled to any disability retirement allowance.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 2.5. Community Property [75050 - 75059.1] ( Article 2.5 added by Stats. 1989, Ch. 1379, Sec. 2. ) ## 75050. (a) Upon the legal separation or dissolution of marriage of a member, the court shall include in the judgment or a court order the date on which the parties separated. (b) If the court orders the division of the community property interest in the system pursuant to paragraph (3) of subdivision (a) of Section 2610 of the Family Code, the accumulated contributions and service credit attributable to periods of service during the marriage shall be divided into two separate and distinct accounts in the name of the member and nonmember, respectively. Any service credit or accumulated contributions which are not explicitly awarded by the judgment or court order shall be deemed the exclusive property of the member. (c) Upon receipt of the court order separating the account of the member and the nonmember pursuant to this section, the board shall determine the rights of the nonmember, taking into consideration the court order and the account of the member. These rights may include the following: (1) The right to a retirement allowance. (2) The right to a refund of accumulated retirement contributions. (3) The right to redeposit accumulated contributions which are eligible for redeposit by the member under Section 75028.5. (4) The right to purchase service credit which is eligible for purchase by the member under Sections 75029 to 75030.5. (5) The right to designate a beneficiary to receive his or her accumulated contributions payable where death occurs prior to retirement. (6) The right to designate a beneficiary for any unpaid allowance payable at the time of the nonmember’s death. (d) In the capacity of nonmember, the nonmember shall not be entitled to any disability retirement allowance. (Amended by Stats. 1998, Ch. 932, Sec. 36. Effective January 1, 1999.)
  103. 75051.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 2.5. Community Property [75050 - 75059.1] ( Article 2.5 added by Stats. 1989, Ch. 1379, Sec. 2. )

    Verify source ↗

    This section defines “nonmember” for this article.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 2.5. Community Property [75050 - 75059.1] ( Article 2.5 added by Stats. 1989, Ch. 1379, Sec. 2. ) ## 75051. “Nonmember,” as used in this article, means the spouse or former spouse of a member, who as a result of petitioning the court for the division of community property, has been awarded a distinct and separate account reflecting specific credited service and accumulated contributions. (Added by Stats. 1989, Ch. 1379, Sec. 2. Applicable from June 1, 1988, by Sec. 7 of Ch. 1379.)
  104. 75052.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 2.5. Community Property [75050 - 75059.1] ( Article 2.5 added by Stats. 1989, Ch. 1379, Sec. 2. )

    Verify source ↗

    A nonmember awarded a separate account has a right to a refund, must apply on the system’s form, and cannot cancel or redeposit the refund after it becomes effective.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 2.5. Community Property [75050 - 75059.1] ( Article 2.5 added by Stats. 1989, Ch. 1379, Sec. 2. ) ## 75052. (a) The nonmember who is awarded a separate account shall have the right to a refund of accumulated retirement contributions in the separate account of the nonmember. (b) The nonmember shall file an application on a form provided by the system to obtain the refund. (c) The refund is effective when the system deposits in the United States mail an initial warrant drawn in favor of the nonmember and addressed to the latest address for the nonmember on file in the system. (d) The nonmember is deemed to have permanently waived all rights in the system and all rights to any future retirement benefits pertaining to the service credit, accumulated contributions, or both, when the refund becomes effective. (e) The nonmember may not cancel a refund once the refund has become effective. (f) The nonmember shall have no right to elect to redeposit the refunded accumulated contributions from the nonmember’s account after the refund is effective, and shall have no right to redeposit under Section 75028.5, or to purchase service credit under Section 75029 or Section 75030.5. (g) If at the time the parties separate, the member does not have the necessary minimum credited service to retire, the nonmember shall receive a refund of the accumulated contributions placed in the nonmember’s account. “Minimum credited service” means at least five years of service credit under the Judges’ Retirement System. (Added by Stats. 1989, Ch. 1379, Sec. 2. Applicable from June 1, 1988, by Sec. 7 of Ch. 1379.)
  105. 75052.5.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 2.5. Community Property [75050 - 75059.1] ( Article 2.5 added by Stats. 1989, Ch. 1379, Sec. 2. )

    Verify source ↗

    If a nonmember withdraws accumulated contributions under Section 75052, the member may redeposit those contributions.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 2.5. Community Property [75050 - 75059.1] ( Article 2.5 added by Stats. 1989, Ch. 1379, Sec. 2. ) ## 75052.5. If the nonmember withdraws accumulated contributions in accordance with Section 75052, the member may redeposit those contributions pursuant to this part. (Added by Stats. 1991, Ch. 892, Sec. 10. Effective October 14, 1991.)
  106. 75053.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 2.5. Community Property [75050 - 75059.1] ( Article 2.5 added by Stats. 1989, Ch. 1379, Sec. 2. )

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    A qualifying nonmember may redeposit certain refunded retirement contributions, but only within the court-determined community property share; if the nonmember redeposits, the nonmember must repay under Section 75028.5.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 2.5. Community Property [75050 - 75059.1] ( Article 2.5 added by Stats. 1989, Ch. 1379, Sec. 2. ) ## 75053. (a) The nonmember who is awarded a separate account may redeposit accumulated contributions previously refunded to the member in accordance with the determination of the court required by Section 75050. (b) The nonmember may redeposit only those accumulated contributions which were previously refunded to the member and which the court has determined to be the community property interest of the nonmember in the accumulated retirement contributions. (c) If the nonmember elects to redeposit, he or she shall repay the accumulated contributions pursuant to Section 75028.5. (d) An election to redeposit shall be considered an election to repay all accumulated contributions previously refunded that the nonmember is entitled to redeposit. (e) The right of the nonmember spouse to redeposit is subject to the regulations of the Board of Administration of the Public Employees’ Retirement System which administers the Judges’ Retirement System. (f) The member has no right to redeposit the share of the nonmember in the previously refunded accumulated contributions whether or not the nonmember elects to redeposit. However, any right to redeposit previously refunded accumulated contributions not explicitly awarded to the nonmember by the judgment or court order shall be deemed the exclusive property of the member. (g) If the nonmember elected to redeposit upon retirement and has subsequently died, prior to completing the redeposit, the board shall file a claim against the estate of the decedent to recover benefit payments which exceeded those for which payment was made. (Added by Stats. 1989, Ch. 1379, Sec. 2. Applicable from June 1, 1988, by Sec. 7 of Ch. 1379.)
  107. 75054.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 2.5. Community Property [75050 - 75059.1] ( Article 2.5 added by Stats. 1989, Ch. 1379, Sec. 2. )

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    A nonmember may buy certain service credit, but only as determined by the court, and must pay the required contributions and interest before retirement if they elect to buy it.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 2.5. Community Property [75050 - 75059.1] ( Article 2.5 added by Stats. 1989, Ch. 1379, Sec. 2. ) ## 75054. (a) The nonmember shall have the right to purchase service credit pursuant to the determination of the court required by Section 75050. (b) The nonmember may purchase only that service credit which the court, pursuant to Section 75050 has determined to be the community property interest of the nonmember spouse. (c) If the nonmember elects to purchase service credit, he or she shall pay, prior to retirement the contributions and interest required. (d) The nonmember shall have no right to purchase service credit after the effective date of a refund of the accumulated contributions in the separate account of the nonmember. (e) The member has no right to purchase the community property interest of the nonmember in the service credit whether or not the nonmember elects to purchase the service credit. However, any service credit eligible for purchase that is not explicity awarded to the nonmember by the judgment or court order shall be deemed the exclusive property of the member. (f) If the nonmember elected to purchase service credit upon retirement and has subsequently died, prior to completing the purchase, the board shall file a claim against the estate of the deceased to recover benefit payments which exceeded those for which payment was made. (Added by Stats. 1989, Ch. 1379, Sec. 2. Applicable from June 1, 1988, by Sec. 7 of Ch. 1379.)
  108. 75055.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 2.5. Community Property [75050 - 75059.1] ( Article 2.5 added by Stats. 1989, Ch. 1379, Sec. 2. )

    Verify source ↗

    A nonmember is entitled to be retired if they apply in writing to the board and meet the listed conditions.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 2.5. Community Property [75050 - 75059.1] ( Article 2.5 added by Stats. 1989, Ch. 1379, Sec. 2. ) ## 75055. A nonmember shall be retired upon his or her written application to the board if all of the following conditions are met: (a) The nonmember has attained the age of 50. (b) On the date the parties separated, the member had at least five years’ credited service, as defined by Section 75004. (c) On the date of application of the nonmember, the member is eligible to retire and receive an allowance as provided in Section 75025, 75032, 75033, or 75033.5. (Amended by Stats. 1992, Ch. 176, Sec. 5. Effective July 13, 1992. Applicable from June 1, 1988, by Sec. 13 of Ch. 176.)
  109. 75056.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 2.5. Community Property [75050 - 75059.1] ( Article 2.5 added by Stats. 1989, Ch. 1379, Sec. 2. )

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    A retirement application for a nonmember may be filed only if the nonmember is alive when the system actually receives it, and retirement cannot take effect before the first day of that month.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 2.5. Community Property [75050 - 75059.1] ( Article 2.5 added by Stats. 1989, Ch. 1379, Sec. 2. ) ## 75056. Retirement shall be effective and the retirement allowance shall begin to accrue as of the date designated in the nonmember’s application as the effective date of retirement, or the day following the date of the court order dividing the community property of the member and nonmember, if later. In no event shall the retirement become effective or the retirement allowance begin to accrue earlier than the first day of the month in which the nonmember’s application is received at an office of the board or by an employee of the system designated by the board, or, if the nonmember has been incompetent to act on his or her own behalf continuously from the date of dissolution or legal separation, one year prior to the month in which an application by the guardian of his or her estate is so received. An application for retirement may only be filed by or for a nonmember who is living on the date the application is actually received by this system. (Added by Stats. 1989, Ch. 1379, Sec. 2. Applicable from June 1, 1988, by Sec. 7 of Ch. 1379.)
  110. 75057.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 2.5. Community Property [75050 - 75059.1] ( Article 2.5 added by Stats. 1989, Ch. 1379, Sec. 2. )

    Verify source ↗

    For a nonmember, the retirement allowance is based on the salary payable when the allowance becomes due, for the judge who holds the relevant judicial office.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 2.5. Community Property [75050 - 75059.1] ( Article 2.5 added by Stats. 1989, Ch. 1379, Sec. 2. ) ## 75057. For a nonmember, the retirement allowance shall be based on the salary payable, at the time payment of the allowance falls due, to the judge holding the judicial office to which the member judge was last appointed or elected, or from which the member is eligible to retire. (Amended by Stats. 1992, Ch. 176, Sec. 6. Effective July 13, 1992. Applicable from June 1, 1988, by Sec. 13 of Ch. 176.)
  111. 75058.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 2.5. Community Property [75050 - 75059.1] ( Article 2.5 added by Stats. 1989, Ch. 1379, Sec. 2. )

    Verify source ↗

    A nonmember is entitled to a retirement allowance tied to the judge’s marital service, and the amount is calculated using the judge’s applicable percentages and court-ordered service years, capped at 20 years.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 2.5. Community Property [75050 - 75059.1] ( Article 2.5 added by Stats. 1989, Ch. 1379, Sec. 2. ) ## 75058. (a) A nonmember shall be entitled to a retirement allowance based on service accrued by the judge during their years of marriage and in accordance with the community property settlement. The retirement allowance percentage to the nonmember shall be calculated based upon the applicable percentages available to the judge at the time he or she becomes eligible to retire and to receive an allowance, multiplied by the number of years and fraction of years of service specified in the court order, not to exceed 20 years. (b) If the nonmember chooses to retire before attaining age 60, his or her percent of salary shall be reduced by an additional 2 percent for each year by which the nonmember’s age at the time of retirement is below age 60. (Repealed and added by Stats. 1992, Ch. 176, Sec. 8. Effective July 13, 1992.)
  112. 75059.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 2.5. Community Property [75050 - 75059.1] ( Article 2.5 added by Stats. 1989, Ch. 1379, Sec. 2. )

    Verify source ↗

    The court must record the separation date in judgments or orders for a retired member’s legal separation or divorce, and the section controls how retirement benefits are divided and paid.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 2.5. Community Property [75050 - 75059.1] ( Article 2.5 added by Stats. 1989, Ch. 1379, Sec. 2. ) ## 75059. (a) Upon the legal separation or dissolution of marriage of a retired member, the court shall include in a judgment or court order the date on which the parties separated. (b) If the court orders the division of the community property interest in the system pursuant to paragraph (4) of subdivision (a) of Section 2610 of the Family Code, the retirement allowance payable to the member attributable to periods of service during the marriage shall be irrevocably divided into two separate and distinct payments in the names of the member and nonmember former spouse, respectively. Benefits under this section shall be based on the actuarial equivalent of the member’s retirement allowance as of the effective date of the order dividing the benefit. The share of the actuarially reduced monthly allowance payable to the former spouse pursuant to that division shall be a lifetime benefit, and the former spouse shall have the right to designate a beneficiary for any unpaid allowance payable at the time of his or her death. (c) Any retirement allowance not explicitly awarded by the judgment or court order shall be deemed the exclusive property of the member. (d) Any survivor benefits payable to any eligible surviving spouse of a retired member whose allowance was reduced under this section shall be based solely on the reduced allowance. (Added by Stats. 2000, Ch. 988, Sec. 1. Effective January 1, 2001.)
  113. 75059.1.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 2.5. Community Property [75050 - 75059.1] ( Article 2.5 added by Stats. 1989, Ch. 1379, Sec. 2. )

    Verify source ↗

    A qualifying former spouse may receive benefits under this section, the monthly allowance is a lifetime benefit, and the former spouse may designate a beneficiary for unpaid amounts.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 2.5. Community Property [75050 - 75059.1] ( Article 2.5 added by Stats. 1989, Ch. 1379, Sec. 2. ) ## 75059.1. (a) A former spouse of a judge retired or deceased as of January 1, 2001, shall be eligible for the benefits provided by this section if the community property interest in the system was divided by court order pursuant to paragraph (4) of subdivision (a) of Section 2610 of the Family Code, the former spouse retained an interest in the system, and the parties did not divide the member’s account pursuant to Section 75050. The monthly allowance payable pursuant to that division to the former spouse shall be a lifetime benefit and the former spouse shall have the right to designate a beneficiary for any unpaid allowance payable at the time of his or her death. (b) The section shall apply retroactively to establish eligibility for a former spouse to the benefits provided by this section, but any payment made to the former spouse shall be prospective and shall commence no earlier than (1) the first day of the month in which the application was received by the system in those cases where the member is deceased, or (2) the first day of the month in which a valid court order is received in cases where the retired judge is still living. (c) The board has no duty to locate or notify the members or former spouses who may be eligible to apply for the benefits under this section. (d) The benefits provided by this section shall be applicable to persons otherwise eligible who notify the system in writing prior to January 1, 2002. (Amended by Stats. 2001, Ch. 159, Sec. 123. Effective January 1, 2002.)
  114. 7506.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 21. Public Pension and Retirement Plans [7500 - 7522.76] ( Heading of Chapter 21 renumbered from Chapter 19 (as added by Stats. 1974, Ch. 1478) by Stats. 1977, Ch. 579. ) ## ARTICLE 1. General Provisions [7500 - 7514.7] ( Article 1 heading added by Stats. 2012, Ch. 296, Sec. 10. )

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    A person entitled to state retirement benefits may authorize those benefits to be paid by direct electronic deposit into an account of their choice.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 21. Public Pension and Retirement Plans [7500 - 7522.76] ( Heading of Chapter 21 renumbered from Chapter 19 (as added by Stats. 1974, Ch. 1478) by Stats. 1977, Ch. 579. ) ## ARTICLE 1. General Provisions [7500 - 7514.7] ( Article 1 heading added by Stats. 2012, Ch. 296, Sec. 10. ) ## 7506. Notwithstanding any other provision of law, any person entitled to the receipt of benefits from any state retirement system may authorize the payment of the benefits to be directly deposited by electronic fund transfer into the person’s account at the financial institution of his or her choice under a program for direct deposit by electronic transfer established by the Controller pursuant to Section 7506.5. The direct deposit shall discharge the state agency’s obligation in respect to that payment. (Added by Stats. 1982, Ch. 1317, Sec. 1.)
  115. 7506.5.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 21. Public Pension and Retirement Plans [7500 - 7522.76] ( Heading of Chapter 21 renumbered from Chapter 19 (as added by Stats. 1974, Ch. 1478) by Stats. 1977, Ch. 579. ) ## ARTICLE 1. General Provisions [7500 - 7514.7] ( Article 1 heading added by Stats. 2012, Ch. 296, Sec. 10. )

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    The Controller must arrange direct-deposit payments for eligible state retirement benefits through participating financial institutions.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 21. Public Pension and Retirement Plans [7500 - 7522.76] ( Heading of Chapter 21 renumbered from Chapter 19 (as added by Stats. 1974, Ch. 1478) by Stats. 1977, Ch. 579. ) ## ARTICLE 1. General Provisions [7500 - 7514.7] ( Article 1 heading added by Stats. 2012, Ch. 296, Sec. 10. ) ## 7506.5. The Controller shall make an agreement with one or more financial institutions participating in the Automated Clearing House pursuant to the local rules, and shall establish a program, for the direct deposit by electronic fund transfer of the benefits, after any withholding required by law and authorized deductions, of any person entitled to the receipt of benefits from any state retirement system who authorizes the direct deposit thereof by electronic fund transfer into the person’s account at the financial institution of his or her choice. (Amended by Stats. 1985, Ch. 1344, Sec. 1. Operative January 1, 1987, by Sec. 3 of Ch. 1344.)
  116. 75060.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 3. Disability Retirement [75060 - 75064] ( Article 3 added by Stats. 1953, Ch. 206. )

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    A judge with a permanent or likely permanent mental or physical disability may be retired from office if the judge consents and the Chief Justice or Acting Chief Justice and the Commission on Judicial Performance approve.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 3. Disability Retirement [75060 - 75064] ( Article 3 added by Stats. 1953, Ch. 206. ) ## 75060. (a) Any judge who is unable to discharge efficiently the duties of his or her office by reason of mental or physical disability that is or is likely to become permanent may, with his or her consent and with the approval of the Chief Justice or Acting Chief Justice and the Commission on Judicial Performance, be retired from office. The consent of the judge shall be made on a written application to the Commission on Judicial Performance. The retirement shall be effective upon approval by the designated officers, except as provided in subdivision (b). A certificate evidencing the approval shall be filed with the Secretary of State. Upon the filing of the certificate, a successor shall be appointed to fill the vacancy. (b) Any judge who dies after executing an application evidencing his or her consent that has been received in the office of the commission and before the approval of both of the designated officers has been obtained shall be deemed to have retired on the date of his or her death if the designated officers, prior to the filling of the vacancy created by the judge’s death, file with the Secretary of State their certificate of approval. (c) No retirement under this section may be approved unless a written statement by a physician or psychiatrist that he or she has personally examined the judge applying for retirement under this section and that he or she is of the opinion that the judge is unable to discharge efficiently the duties of the judge’s office by reason of a mental or physical disability that is or is likely to become permanent is presented to the persons having the responsibility to approve or disapprove the retirement. (Amended by Stats. 1987, Ch. 56, Sec. 98.)
  117. 75060.1.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 3. Disability Retirement [75060 - 75064] ( Article 3 added by Stats. 1953, Ch. 206. )

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    Judges retired for disability must receive the retirement allowance they would have received if they had retired after this section took effect.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 3. Disability Retirement [75060 - 75064] ( Article 3 added by Stats. 1953, Ch. 206. ) ## 75060.1. Notwithstanding any provision of law to the contrary, every judge retired for disability before or after the effective date of this section shall receive a retirement allowance in an amount that he or she would have received had he or she retired after the effective date of this section. This section does not give any retired judge a claim against the state for any increase in retirement allowance or other benefit for time prior to the effective date of this section. (Amended by Stats. 2002, Ch. 664, Sec. 127.5. Effective January 1, 2003.)
  118. 75060.5.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 3. Disability Retirement [75060 - 75064] ( Article 3 added by Stats. 1953, Ch. 206. )

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    Certain judges retired under Section 75060 keep receiving the Section 75061 retirement allowance despite that section’s repeal, and they may not receive the Section 75060.6 allowance instead.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 3. Disability Retirement [75060 - 75064] ( Article 3 added by Stats. 1953, Ch. 206. ) ## 75060.5. Every judge retired under Section 75060, who on the ninetieth day after the final adjournment of the 1957 Regular Session of the Legislature is receiving a retirement allowance computed pursuant to Section 75061, shall, notwithstanding the repeal of Section 75061, continue to receive such allowance pursuant to the terms of Section 75061 as if such section were not repealed and shall not receive the retirement allowance provided for by Section 75060.6. (Added by Stats. 1957, Ch. 2065.)
  119. 75060.6.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 3. Disability Retirement [75060 - 75064] ( Article 3 added by Stats. 1953, Ch. 206. )

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    The Commission on Judicial Performance may require certain judges under 65 who receive this allowance to undergo a medical examination, but no more than once every two years.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 3. Disability Retirement [75060 - 75064] ( Article 3 added by Stats. 1953, Ch. 206. ) ## 75060.6. The Commission on Judicial Performance, in its discretion, but not more often than once every two years, may require any judge who is receiving an allowance under this section and who is under the age of 65 years to undergo medical examination. The examination shall be made by one or more physicians or surgeons, appointed by the Commission on Judicial Performance, at the place of residence of the judge or other place mutually agreed upon. Upon the basis of the examination the commission shall determine whether he or she is still incapacitated, physically or mentally, for service as a judge. If the commission determines, on the basis of the results of the medical examination, that he or she is not so incapacitated, he or she shall be a judicial officer of the state, but shall not exercise any of the powers of a justice or judge except while under assignment to a court by the Chairman of the Judicial Council. The allowance of the judge shall cease if he or she refuses an assignment while he or she is not so incapacitated. The provisions of Section 68543.5 are applicable to such a judge. The provisions of this section and of Section 75060 are applicable to all judges of courts of record in this state. (Amended by Stats. 1988, Ch. 993, Sec. 3.)
  120. 75061.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 3. Disability Retirement [75060 - 75064] ( Article 3 added by Stats. 1953, Ch. 206. )

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    Judges who begin service in the listed periods cannot be retired for disability unless they meet the required years of judicial service or the disability resulted from injury or disease in the course of judicial service.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 3. Disability Retirement [75060 - 75064] ( Article 3 added by Stats. 1953, Ch. 206. ) ## 75061. (a) Any person who becomes a judge during the period of January 1, 1980, through December 31, 1988, shall not be eligible to be retired for disability unless the judge is credited with at least two years of judicial service or unless the disability is a result of injury or disease arising out of and in the course of judicial service. (b) Any person who becomes a judge on or after January 1, 1989, shall not be eligible to be retired for disability unless the judge is credited with at least four years of judicial service or unless the disability is a result of injury or disease arising out of and in the course of judicial service. (Amended by Stats. 1989, Ch. 986, Sec. 1.)
  121. 75062.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 3. Disability Retirement [75060 - 75064] ( Article 3 added by Stats. 1953, Ch. 206. )

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    A judge seeking disability retirement, while a felony charge or conviction is pending, is presumed not disabled, must meet a clear-and-convincing-evidence standard before the commission, and must submit written statements from at least two physicians or two psychiatrists before the application is approved.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 3. Disability Retirement [75060 - 75064] ( Article 3 added by Stats. 1953, Ch. 206. ) ## 75062. A judge who applies for disability retirement and against whom there is pending a criminal charge of the commission of, or who has been convicted of, a felony under California or federal law (allegedly committed or committed while holding judicial office), prior to the approval of the application: (a) Shall be presumed not to be disabled and this presumption is a presumption affecting the burden of proof. (b) Shall, in a disability retirement proceeding before the commission, be subject to the standard of proof of clear and convincing evidence sufficient to sustain a claim to a reasonable certainty. (c) Shall support the application with written statements described in subdivision (c) of Section 75060 from each of at least two physicians or two psychiatrists. (Added by Stats. 1988, Ch. 993, Sec. 5.)
  122. 75063.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 3. Disability Retirement [75060 - 75064] ( Article 3 added by Stats. 1953, Ch. 206. )

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    A judge with certain disciplinary or misconduct history must be presumed not disabled, must meet a clear-and-convincing-evidence standard in a commission proceeding, and must support a disability retirement application with written statements from at least two physicians or psychiatrists.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 3. Disability Retirement [75060 - 75064] ( Article 3 added by Stats. 1953, Ch. 206. ) ## 75063. A judge against whom there is pending a disciplinary proceeding which could lead to his or her removal from office or who has been removed from office for judicial misconduct, prior to the approval of his or her application for disability retirement: (a) Shall be presumed not to be disabled and this presumption is a presumption affecting the burden of proof. (b) Shall, in a disability retirement proceeding before the commission, be subject to the standard of proof of clear and convincing evidence sufficient to sustain a claim to a reasonable certainty. (c) Shall support the application with written statements described in subdivision (c) of Section 75060 from each of at least two physicians or two psychiatrists. (Added by Stats. 1988, Ch. 993, Sec. 6.)
  123. 75064.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 3. Disability Retirement [75060 - 75064] ( Article 3 added by Stats. 1953, Ch. 206. )

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    A defeated member applying for disability retirement is presumed not disabled, must meet a clear-and-convincing-evidence standard in commission proceedings, and must submit written statements from at least two physicians or two psychiatrists.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 3. Disability Retirement [75060 - 75064] ( Article 3 added by Stats. 1953, Ch. 206. ) ## 75064. A member who is defeated at an election and who either had submitted, prior to the date of the election, an application for disability retirement or submits, on or after the date of the election, an application for disability retirement: (a) Shall be presumed not to be disabled and this presumption is a presumption affecting the burden of proof. (b) Shall, in a disability retirement proceeding before the commission, be subject to the standard of proof of clear and convincing evidence sufficient to sustain a claim to a reasonable certainty. (c) Shall support the application with written statements described in subdivision (c) of Section 75060 from each of at least two physicians or two psychiatrists. (Added by Stats. 1988, Ch. 993, Sec. 7.)
  124. 7507.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 21. Public Pension and Retirement Plans [7500 - 7522.76] ( Heading of Chapter 21 renumbered from Chapter 19 (as added by Stats. 1974, Ch. 1478) by Stats. 1977, Ch. 579. ) ## ARTICLE 1. General Provisions [7500 - 7514.7] ( Article 1 heading added by Stats. 2012, Ch. 296, Sec. 10. )

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    Before changing public retirement or other postemployment benefits, covered public bodies must get an actuary’s impact statement, publicly disclose the costs, and avoid putting the adoption on a consent calendar.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 21. Public Pension and Retirement Plans [7500 - 7522.76] ( Heading of Chapter 21 renumbered from Chapter 19 (as added by Stats. 1974, Ch. 1478) by Stats. 1977, Ch. 579. ) ## ARTICLE 1. General Provisions [7500 - 7514.7] ( Article 1 heading added by Stats. 2012, Ch. 296, Sec. 10. ) ## 7507. (a) For the purpose of this section: (1) “Actuary” means an actuary as defined in Section 7504. (2) “Future annual costs” includes, but is not limited to, annual dollar changes, or the total dollar changes involved when available, as well as normal cost and any change in accrued liability. (b) (1) Except as provided in paragraph (2), the Legislature and local legislative bodies, including community college district governing boards, when considering changes in retirement benefits or other postemployment benefits, shall secure the services of an actuary to provide a statement of the actuarial impact upon future annual costs, including normal cost and any additional accrued liability, before authorizing changes in public retirement plan benefits or other postemployment benefits. (2) The requirements of this subdivision do not apply to: (A) An annual increase in a premium that does not exceed 3 percent under a contract of insurance. (B) A change in postemployment benefits, other than pension benefits, mandated by the state or federal government or made by an insurance carrier in connection with the renewal of a contract of insurance. (c) (1) (A) With regard to local legislative bodies, including community college district governing boards, the future costs of changes in retirement benefits or other postemployment benefits, as determined by the actuary, shall be made public at a public meeting at least two weeks prior to the adoption of any changes in public retirement plan benefits or other postemployment benefits. If the future costs of the changes exceed one-half of 1 percent of the future annual costs, as defined in paragraph (2) of subdivision (a), of the existing benefits for the legislative body, an actuary shall be present to provide information as needed at the public meeting at which the adoption of a benefit change shall be considered. The adoption of any benefit to which this section applies shall not be placed on a consent calendar. (B) The requirements of this paragraph do not apply to: (i) An annual increase in a premium that does not exceed 3 percent under a contract of insurance. (ii) A change in postemployment benefits, other than pension benefits, mandated by the state or federal government or made by an insurance carrier in connection with the renewal of a contract of insurance. (2) With regard to the Legislature, the future costs as determined by the actuary shall be made public at the policy and fiscal committee hearings to consider the adoption of any changes in public retirement plan benefits or other postemployment benefits. The adoption of any benefit to which this section applies shall not be placed on a consent calendar. (d) Upon the adoption of any benefit change to which this section applies, the person with the responsibilities of a chief executive officer in an entity providing the benefit, however that person is denominated, shall acknowledge in writing that he or she understands the current and future cost of the benefit as determined by the actuary. For the adoption of benefit changes by the state, this person shall be the Director of Human Resources. (e) The requirements of this section do not apply to a school district or a county office of education, which shall instead comply with requirements regarding public notice of, and future cost determination for, benefit changes that have been enacted to regulate these entities. These requirements include, but are not limited to, those enacted by Chapter 1213 of the Statutes of 1991 and by Chapter 52 of the Statutes of 2004. (Amended by Stats. 2016, Ch. 415, Sec. 4. (AB 2375) Effective January 1, 2017.)
  125. 7507.2.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 21. Public Pension and Retirement Plans [7500 - 7522.76] ( Heading of Chapter 21 renumbered from Chapter 19 (as added by Stats. 1974, Ch. 1478) by Stats. 1977, Ch. 579. ) ## ARTICLE 1. General Provisions [7500 - 7514.7] ( Article 1 heading added by Stats. 2012, Ch. 296, Sec. 10. )

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    Creates the California Actuarial Advisory Panel and requires it to give information, meet quarterly, and report annually.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 21. Public Pension and Retirement Plans [7500 - 7522.76] ( Heading of Chapter 21 renumbered from Chapter 19 (as added by Stats. 1974, Ch. 1478) by Stats. 1977, Ch. 579. ) ## ARTICLE 1. General Provisions [7500 - 7514.7] ( Article 1 heading added by Stats. 2012, Ch. 296, Sec. 10. ) ## 7507.2. (a) There is hereby enacted the California Actuarial Advisory Panel. The panel shall provide impartial and independent information on pensions, other postemployment benefits, and best practices to public agencies and shall meet quarterly. (b) The responsibilities of the California Actuarial Advisory Panel shall include, but are not limited to: (1) Defining the range of actuarial model policies and best practices for public retirement plan benefits, including pensions and other postemployment benefits. (2) Developing pricing and disclosure standards for California public sector benefit improvements. (3) Developing quality control standards for California public sector actuaries. (4) Gathering model funding policies and practices. (5) Replying to policy questions from public retirement systems in California. (6) Providing comment upon request by public agencies. (c) The California Actuarial Advisory Panel shall consist of eight members. Each member shall be an actuary who has attained the designation of Associate or Fellow of the Society of Actuaries and who has demonstrated experience with public sector clients. Members shall be appointed by the entities listed below, and each member shall serve a three-year term, provided that, in the initial appointments only, the panelists named by the University of California, the Senate, and one of the panelists named by the Governor shall serve two-year terms. The Governor shall appoint two panelists, and one panelist shall be appointed by each of the following: (1) The Teachers’ Retirement Board. (2) The Board of Administration of the Public Employees’ Retirement System. (3) The State Association of County Retirement Systems. (4) The Board of Regents of the University of California. (5) The Speaker of the Assembly. (6) The Senate Committee on Rules. (d) The California Actuarial Advisory Panel shall be located in the Controller’s office, which shall provide support staff to the panel. (e) The opinions of the California Actuarial Advisory Panel are nonbinding and advisory only. The opinions of the panel shall not, in any case, be used as the basis for litigation. (f) A member of the California Actuarial Advisory Panel shall receive reimbursement for expenses that shall be paid by the authority that appointed the member. (g) The California Actuarial Advisory Panel shall report to the Legislature on or before February 1 of each year. (Amended by Stats. 2016, Ch. 415, Sec. 5. (AB 2375) Effective January 1, 2017.)
  126. 7507.5.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 21. Public Pension and Retirement Plans [7500 - 7522.76] ( Heading of Chapter 21 renumbered from Chapter 19 (as added by Stats. 1974, Ch. 1478) by Stats. 1977, Ch. 579. ) ## ARTICLE 1. General Provisions [7500 - 7514.7] ( Article 1 heading added by Stats. 2012, Ch. 296, Sec. 10. )

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    The Regents of the University of California must give written notice of certain proposed retirement system changes at least 60 days before they take effect.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 21. Public Pension and Retirement Plans [7500 - 7522.76] ( Heading of Chapter 21 renumbered from Chapter 19 (as added by Stats. 1974, Ch. 1478) by Stats. 1977, Ch. 579. ) ## ARTICLE 1. General Provisions [7500 - 7514.7] ( Article 1 heading added by Stats. 2012, Ch. 296, Sec. 10. ) ## 7507.5. It is the intent of the Legislature that the Regents of the University of California provide written notice to the Legislature of any proposed changes to retirement plan benefits, employer or employee contribution rates, or actuarial assumptions affecting the University of California Retirement System, at least 60 days prior to the effective date thereof. The written notice shall be provided to the Joint Legislative Budget Committee and the fiscal subcommittees and shall consist of: (a) A description and explanation of each specific proposed change to the benefit structure, contribution rates, or actuarial assumptions. (b) The actuarial impact upon future annual costs of each proposed change. (Added by Stats. 1984, Ch. 268, Sec. 16.95. Effective June 29, 1984.)
  127. 75070.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 3.5. Payment of Benefits [75070 - 75074.5] ( Article 3.5 added by Stats. 1953, Ch. 1592. )

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    A judge may choose an optional retirement settlement instead of the unmodified lifetime allowance, but the choice, revocation, or change must be filed in writing with the Judges’ Retirement System within 30 calendar days after the first retirement payment.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 3.5. Payment of Benefits [75070 - 75074.5] ( Article 3.5 added by Stats. 1953, Ch. 1592. ) ## 75070. In lieu of electing the unmodified allowance for his or her life alone, a judge may elect 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 Section 75071 when the judge retires on or before December 31, 2017, or Section 75071.5 when the judge retires on or after January 1, 2018. That election, revocation, or change of election shall be made by a writing filed with the Judges’ Retirement System within 30 calendar days after the making of the first payment on account of any retirement allowance. If a person qualifies for the survivor allowance under Section 75077 or 75096.3, then the election with respect to any optional settlement other than the optional settlement in subdivision (a) of Section 75071 or subdivision (b) of Section 75071.5, shall apply only to the portion of the retirement allowance that exceeds the amount of the allowance deemed payable to the survivor. (Amended by Stats. 2016, Ch. 199, Sec. 40. (AB 2404) Effective January 1, 2017.)
  128. 75070.5.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 3.5. Payment of Benefits [75070 - 75074.5] ( Article 3.5 added by Stats. 1953, Ch. 1592. )

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    If a judge chooses an optional settlement with a monthly allowance for named beneficiaries, the combined allowance for the beneficiaries and the judge’s survivor cannot be more than the judge’s monthly allowance.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 3.5. Payment of Benefits [75070 - 75074.5] ( Article 3.5 added by Stats. 1953, Ch. 1592. ) ## 75070.5. If a judge elects an optional settlement that provides for a monthly allowance for his or her named beneficiary or beneficiaries, the combined allowance payable to the judge’s named beneficiary or beneficiaries and the judge’s survivor pursuant to Section 75077 or 75096.3, if applicable, shall not exceed the amount of the judge’s monthly allowance. (Added by Stats. 2016, Ch. 199, Sec. 41. (AB 2404) Effective January 1, 2017.)
  129. 75071.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 3.5. Payment of Benefits [75070 - 75074.5] ( Article 3.5 added by Stats. 1953, Ch. 1592. )

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    This section lets qualifying judges choose among several retirement benefit options, including survivor benefits and, for one option, a choice subject to approval by the Judges’ Retirement System.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 3.5. Payment of Benefits [75070 - 75074.5] ( Article 3.5 added by Stats. 1953, Ch. 1592. ) ## 75071. This section shall apply to any judge who retires on or before December 31, 2017. (a) Optional settlement one consists of the right to have a retirement allowance paid to the judge for life and if the judge dies before receiving the amount of the judge’s accumulated contributions at retirement, to have the balance at death paid to the judge’s designated beneficiary or, if no beneficiary designation is in effect on the date of death, to the judge’s estate. (b) (1) Optional settlement two consists of the right to have a retirement allowance paid to the judge for life and thereafter to the judge’s designated beneficiary for life. (2) If the judge’s designated beneficiary predeceases the judge and the judge elected this optional settlement to be effective on or after January 1, 2002, the judge’s allowance shall be adjusted effective the first day of the month following the death of the beneficiary to reflect the benefit that would have been paid had the judge not elected an optional settlement. (3) If the designated beneficiary is a spouse and the marriage is dissolved or a legal separation filed, and the judgment dividing the community property between the judge and the beneficiary awards the total interest in this system to the retired judge, or the marriage is annulled and confirmed by a court, and the judge elected this optional settlement to be effective on or after January 1, 2002, the retired judge’s allowance shall be adjusted effective the first day of the month following the filing of the judgment with the board to reflect the benefit that would have been paid had the judge not elected an optional settlement. (c) (1) Optional settlement three consists of the right to have a retirement allowance paid to the judge for life, and thereafter to have one-half of the judge’s retirement allowance paid to the judge’s designated beneficiary for life. (2) If the judge’s designated beneficiary predeceases the judge and the judge elected this optional settlement to be effective on or after January 1, 2002, the judge’s allowance shall be adjusted effective the first day of the month following the death of the beneficiary to reflect the benefit that would have been paid had the judge not elected an optional settlement. (3) If the designated beneficiary is a spouse and the marriage is dissolved or a legal separation filed, and the judgment dividing the community property between the judge and the beneficiary awards the total interest in this system to the retired judge, or the marriage is annulled and confirmed by a court, and the retired judge elected this optional settlement to be effective on or after January 1, 2002, the retired judge’s allowance shall be adjusted effective the first day of the month following the filing of the judgment with the board to reflect the benefit that would have been paid had the judge not elected an optional settlement. (d) Optional settlement four consists of other benefits that are the actuarial equivalent of the judge’s retirement allowance, that the judge may select subject to the approval of the Judges’ Retirement System. (e) When a judge elects, on or after January 1, 2003, to receive benefits provided by paragraph (2) of subdivision (b) or paragraph (2) of subdivision (c), and the judge and judge’s optional settlement beneficiary both die before receiving in annuity payments the full amount of the judge’s accumulated contributions at retirement, the balance of the judge’s accumulated contributions shall be paid to the beneficiary designated by the judge. If the judge had no designated beneficiary in effect on the date of death, payment shall be made to the judge’s estate. (Amended by Stats. 2019, Ch. 330, Sec. 25. (SB 782) Effective January 1, 2020.)
  130. 75071.5.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 3.5. Payment of Benefits [75070 - 75074.5] ( Article 3.5 added by Stats. 1953, Ch. 1592. )

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    Judges retiring on or after January 1, 2018 can receive one of several retirement allowance options, including life-only, survivor, and beneficiary-payment options.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 3.5. Payment of Benefits [75070 - 75074.5] ( Article 3.5 added by Stats. 1953, Ch. 1592. ) ## 75071.5. This section shall apply to any judge who retires on or after January 1, 2018. (a) The unmodified allowance consists of the right to have the maximum retirement allowance paid to the judge for his or her life alone. There is no continuing allowance to a beneficiary and there is no return of unused accumulated contributions after the death of the judge. (b) The Return of Remaining Contributions Option 1 consists of the right to have a retirement allowance paid to the judge 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 designated beneficiary or estate. (c) (1) The 100 Percent Beneficiary Option 2 consists of the right to have a retirement allowance paid to the judge until his or her death, and thereafter to have the same monthly allowance paid to his or her designated beneficiary for life; provided that with respect to a judge subject to Section 75077 or 75096.3 at retirement, the beneficiary shall receive a monthly allowance equal to that portion of the judge’s monthly allowance that exceeds the amount of the allowance deemed payable to the judge’s survivor. (2) Upon the death of both the judge and the designated beneficiary, any remaining balance of the judge’s accumulated contributions at retirement not used to fund the allowances paid to the judge and the designated beneficiary will be paid in a lump sum to the secondary beneficiary or beneficiaries designated by the judge. (d) (1) The 100 Percent Beneficiary Option 2 with Benefit Allowance Increase consists of the right to have a retirement allowance paid to the judge until his or her death and thereafter to have the same monthly allowance paid to his or her designated beneficiary for life; provided that with respect to a judge subject to Section 75077 or 75096.3 at retirement, the beneficiary shall receive a monthly allowance equal to that portion of the judge’s monthly allowance that exceeds the amount of the allowance deemed payable to the judge’s survivor. (2) If the judge’s designated beneficiary predeceases the judge and the judge elected this optional settlement, the judge’s allowance shall be adjusted effective the first day of the month following the death of the beneficiary to reflect the benefit that would have been paid had the judge not elected an optional settlement. (3) If the designated beneficiary is a spouse and the marriage is dissolved or a legal separation filed, and the judgment dividing the community property between the judge and the beneficiary awards the total interest in this system to the retired judge, or the marriage is annulled and confirmed by a court, the retired judge’s allowance shall be adjusted effective the first day of the month following the filing of the judgment with the board to reflect the benefit that would have been paid had the judge not elected an optional settlement. (e) (1) The 50 Percent Beneficiary Option 3 consists of the right to have a retirement allowance paid to the judge until his or her death, and thereafter to have one-half of the monthly allowance paid to his or her designated beneficiary for life, provided that, with respect to a judge subject to Section 75077 or 75096.3 at retirement, the beneficiary shall receive a monthly allowance equal to one-half of that portion of the judge’s allowance that exceeds the amount of the allowance deemed payable to the judge’s survivor. (2) Upon the death of both the judge and the designated beneficiary, any remaining balance of the judge’s accumulated contributions at retirement not used to fund the allowances paid to the judge and the designated beneficiary will be paid in a lump sum to the secondary beneficiary or beneficiaries designated by the judge. (f) (1) The 50 Percent Beneficiary Option 3 with Benefit Allowance Increase consists of the right to have a retirement allowance paid to the judge until his or her death and thereafter to have one-half of the monthly allowance paid to his or her designated beneficiary for life; provided that with respect to a judge subject to Section 75077 or 75096.3 at retirement, the beneficiary shall receive a monthly allowance equal to one-half of that portion of the judge’s monthly allowance that exceeds the amount of the allowance deemed payable to the judge’s survivor. (2) If the judge’s designated beneficiary predeceases the judge and the judge elected this optional settlement, the judge’s allowance shall be adjusted effective the first day of the month following the death of the beneficiary to reflect the benefit that would have been paid had the judge not elected an optional settlement. (3) If the designated beneficiary is a spouse and the marriage is dissolved or a legal separation filed, and the judgment dividing the community property between the judge and the beneficiary awards the total interest in this system to the retired judge, or the marriage is annulled and confirmed by a court, the retired judge’s allowance shall be adjusted effective the first day of the month following the filing of the judgment with the board to reflect the benefit that would have been paid had the judge not elected an optional settlement. (g) The Flexible Beneficiary Option 4 consists of the right to have a retirement allowance paid to a judge until his or her death, and thereafter to have a monthly allowance paid to his or her designated beneficiary or beneficiaries for life. Subject to Section 75070.5, the judge may select the monthly allowance payable to the designated beneficiary or beneficiaries from the options below: (1) Specific Dollar Amount to a Beneficiary or Beneficiaries. The judge may specify that upon his or her death after retirement, a monthly allowance in an amount determined by the judge be paid to a designated beneficiary or beneficiaries for life. (2) Specific Percentage to a Beneficiary or Beneficiaries. The judge may specify that upon his or her death after retirement, a monthly allowance in an amount equivalent to a specified percentage of the judge’s allowance be paid to a designated beneficiary or beneficiaries for life. (Amended by Stats. 2017, Ch. 241, Sec. 21. (SB 525) Effective January 1, 2018.)
  131. 75072.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 3.5. Payment of Benefits [75070 - 75074.5] ( Article 3.5 added by Stats. 1953, Ch. 1592. )

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    If a judge’s compensation increases, related retirement benefits under an optional settlement must be recomputed and increased. Past increases are not payable for periods before the incumbent judge’s compensation increase.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 3.5. Payment of Benefits [75070 - 75074.5] ( Article 3.5 added by Stats. 1953, Ch. 1592. ) ## 75072. If, during the life of a judge who has elected to receive an optional settlement in lieu of a retirement allowance for his or her life alone, or during the life of a beneficiary under an optional settlement upon whose life contingency the optional settlement elected depends, the compensation payable to the judge holding the judicial office to which the retired judge was last appointed or elected by the people prior to his or her retirement is increased, the amounts payable to the retired judge or to his or her beneficiary, or both, shall be recomputed and increased to be the actuarial equivalent of the increased amount of the retirement allowance to which the retired judge would be entitled if he or she had not elected an optional settlement. However, this section does not give any retired judge or his or her beneficiary any claim against the state for any increase in retirement allowance or other benefit for time prior to the increase in the compensation of the incumbent judge. (Amended by Stats. 2002, Ch. 661, Sec. 3. Effective January 1, 2003.)
  132. 75073.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 3.5. Payment of Benefits [75070 - 75074.5] ( Article 3.5 added by Stats. 1953, Ch. 1592. )

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    A judge who chooses optional settlement two or three may waive the allowance increase and then receive the allowance based on that waiver.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 3.5. Payment of Benefits [75070 - 75074.5] ( Article 3.5 added by Stats. 1953, Ch. 1592. ) ## 75073. A judge who elects to receive optional settlement two or three in Section 75071 may concurrently and irrevocably elect to waive the provision for an increase to his or her allowance, as specified in subdivisions (b) and (c) of Section 75071, and shall, instead, have his or her allowance based upon the waiver of this benefit. This section shall apply to any judge who retires on or before December 31, 2017. (Amended by Stats. 2016, Ch. 199, Sec. 44. (AB 2404) Effective January 1, 2017.)
  133. 75074.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 3.5. Payment of Benefits [75070 - 75074.5] ( Article 3.5 added by Stats. 1953, Ch. 1592. )

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    A judge may designate a beneficiary for benefits by filing a writing with the board, but may not do so in a way that defeats a nonmember spouse’s community property share unless an alternative division order already exists.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 3.5. Payment of Benefits [75070 - 75074.5] ( Article 3.5 added by Stats. 1953, Ch. 1592. ) ## 75074. (a) Except as provided in subdivision (b), a judge 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 under this article, by a writing filed with the board. (b) 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. (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 judge’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. (Added by Stats. 2002, Ch. 661, Sec. 4. Effective January 1, 2003.)
  134. 75074.5.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 3.5. Payment of Benefits [75070 - 75074.5] ( Article 3.5 added by Stats. 1953, Ch. 1592. )

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    Certain designated beneficiaries of a judge may receive the judge’s optional settlement benefit if the designation was properly filed within the stated dates and the judge dies in office.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 3.5. Payment of Benefits [75070 - 75074.5] ( Article 3.5 added by Stats. 1953, Ch. 1592. ) ## 75074.5. (a) Notwithstanding any other provision of law, the designated beneficiary or beneficiaries of any judge who designated a beneficiary to receive an optional settlement benefit by a writing filed with the board, in compliance with Section 75074, on or after January 1, 2003, and before January 1, 2007, and who dies while in office, shall be entitled to receive the optional settlement benefit the judge elected pursuant to Section 75071, subject to the provisions of subdivisions (b) and (c). (b) The benefit payable under this section shall be actuarially adjusted to an amount equal in value to the amount the judge would have received if the judge retired on the date of death. If the judge was not eligible to retire on the date of death, the allowance shall not be payable until the date upon which the judge would have been eligible to begin receiving a service retirement allowance under Section 75025. (c) If the designated beneficiary of a judge who dies while in office receives an allowance pursuant to this section, no person shall have any other claim to benefits otherwise available to the judge’s designated or statutory beneficiaries with respect to the Judges’ Retirement Fund or with respect to any other provision of the Judges’ Retirement Law. However, if the judge’s surviving spouse is eligible for an allowance under Section 75104.4, the allowance provided for by Section 75104.4 shall be paid and the allowance payable under this section shall be actuarially adjusted to reflect the benefit provided by Section 75104.4. All benefits paid under this section are subject to the provisions of subdivision (b) of Section 75074. (d) This section does not prevent a beneficiary from claiming or receiving payments to which he or she may be entitled under the Extended Service Incentive Program set forth in Article 4.5 (commencing with Section 75085). (Added by Stats. 2008, Ch. 1, Sec. 1. Effective January 1, 2009.)
  135. 75075.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 3.6. Benefits Payable [75075 - 75079.5] ( Article 3.6 added by Stats. 1959, Ch. 1363. )

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    Judges retiring under the cited sections may choose these benefits, but qualifying judges are treated as having chosen them unless they file a written contrary notice with the Judges’ Retirement System before retirement.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 3.6. Benefits Payable [75075 - 75079.5] ( Article 3.6 added by Stats. 1959, Ch. 1363. ) ## 75075. Any judge hereafter retiring pursuant to Section 75025 or 75060 may elect to receive the benefits accorded by this article if he or she retires for service or disability. Every judge who qualifies under this section shall be deemed to elect to receive the benefits accorded by this article, unless he or she makes an election to the contrary by filing written notice thereof with the Judges’ Retirement System at or prior to retirement. Any judge whose service would qualify him or her for any benefits under this article if the total of the service included an additional 60 days, shall be deemed to have credited to him or her, sufficient service to qualify for the benefit. (Amended by Stats. 1998, Ch. 212, Sec. 2. Effective January 1, 1999.)
  136. 75075.01.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 3.6. Benefits Payable [75075 - 75079.5] ( Article 3.6 added by Stats. 1959, Ch. 1363. )

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    Retirement benefits are limited by Internal Revenue Code Section 415 rules, with different limits depending on when a member first joined.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 3.6. Benefits Payable [75075 - 75079.5] ( Article 3.6 added by Stats. 1959, Ch. 1363. ) ## 75075.01. (a) Notwithstanding any other provision of this part, the benefits payable to any person who for the first time becomes a member on or after January 1, 1990, shall be subject to the limitations set forth in Section 415 of the Internal Revenue Code. (b) Notwithstanding any other law, the benefits payable to any person who became a member prior to January 1, 1990, shall be subject to the greater of the following limitations as provided in Section 415(b)(10) of the Internal Revenue Code: (1) The limitations set forth in Section 415 of the Internal Revenue Code. (2) The accrued benefit of a member under this system (determined without regard to any amendment to the system made after October 14, 1987). (Added by Stats. 1989, Ch. 1305, Sec. 4. Effective October 2, 1989.)
  137. 75075.02.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 3.6. Benefits Payable [75075 - 75079.5] ( Article 3.6 added by Stats. 1959, Ch. 1363. )

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    Benefits for certain new system members may not exceed the federal Section 401(a) limits, and compensation calculations must follow the annual compensation limit in effect for the relevant year.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 3.6. Benefits Payable [75075 - 75079.5] ( Article 3.6 added by Stats. 1959, Ch. 1363. ) ## 75075.02. The benefits payable to any person who first becomes a member of this system on or after July 1, 1996, shall not exceed the limitations in Section 401(a) of Title 26 of the United States Code upon public retirement systems, as that section may be amended from time to time and as that limit may be adjusted by the Commissioner of Internal Revenue for increases in cost of living. The determination of compensation for each 12-month period shall be subject to the annual compensation limit in effect for that calendar year. In a determination of average annual compensation over more than one 12-month period, the amount of compensation taken into account for each 12-month period shall be subject to the applicable annual compensation limit. (Added by Stats. 1995, Ch. 829, Sec. 14. Effective January 1, 1996.)
  138. 75075.03.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 3.6. Benefits Payable [75075 - 75079.5] ( Article 3.6 added by Stats. 1959, Ch. 1363. )

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    This section limits a judge’s benefit amount, requires cost-of-living adjustments to continue applying in the stated way, and increases a judge’s retirement allowance only when the stated conditions are met.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 3.6. Benefits Payable [75075 - 75079.5] ( Article 3.6 added by Stats. 1959, Ch. 1363. ) ## 75075.03. (a) The cost-of-living adjustments under Section 415(d) of the Internal Revenue Code to the limits described in Section 415(b) of the Internal Revenue Code, as prescribed by the regulations of the Department of the Treasury of the United States, are hereby incorporated by reference and shall continue to apply after a judge’s severance from employment or annuity starting date. The amount payable to a judge in any limitation year, including cost-of-living adjustments provided under this chapter, shall not exceed the limit applicable under Section 415(b) of the Internal Revenue Code at the annuity starting date, as increased in subsequent years pursuant to Section 415(d) of the Internal Revenue Code and the associated regulations. (b) Notwithstanding any other law, and except as provided in subdivision (a), the retirement allowance of a judge shall be increased to reflect cost-of-living adjustments to the limits contained in Section 415 of Title 26 of the United States Code as provided in Section 415(d) of that code, provided that the judge’s allowance determined without regard to Section 415 equals or exceeds the applicable limit as indexed. Nothing in this section is intended to, nor shall be construed to, entitle a retired judge to an adjustment to their allowance in excess of that provided pursuant to this chapter. (c) Nothing in this section shall change the formula used to calculate benefits under this chapter. (Added by Stats. 2021, Ch. 304, Sec. 2. (AB 1293) Effective January 1, 2022.)
  139. 75076.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 3.6. Benefits Payable [75075 - 75079.5] ( Article 3.6 added by Stats. 1959, Ch. 1363. )

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    Eligible judges receive a retirement allowance of 65% of salary, or 75% if they meet the 20-year service-and-contribution condition.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 3.6. Benefits Payable [75075 - 75079.5] ( Article 3.6 added by Stats. 1959, Ch. 1363. ) ## 75076. (a) A judge who qualifies, as prescribed in Section 75075, to receive the benefits accorded by this article shall receive a retirement allowance equal to 65 percent of the salary payable, at the time payment of the allowance falls due, to the judge holding the judicial office to which he or she was last elected or appointed; except that if upon retirement a judge has received credit for 20 or more years of service rendered prior to the expiration of the time within which the judge is eligible to elect to receive the benefits accorded by this article and for which he or she has contributed to the Judges’ Retirement Fund his or her retirement allowance shall equal 75 percent of that salary. (b) Any judge retiring after July 7, 1960, who has or shall become entitled to credit for service as a judge of a court of record prior to the inclusion of the judges of those courts, or of all of those courts, under the Judges’ Retirement Law, or as a “judge of an excluded court” as defined by Section 75029, or as a “constitutional officer” or “public legal officer” as defined by Section 75030.5, without having contributed therefor to the Judges’ Retirement Fund, may at any time prior to retirement contribute for all or any part of that service by paying into the fund a sum of money computed by applying to the rate of salary which he or she actually received during his or her first year of service as a judge the rate of deduction first applicable to his or her salary as a judge after the inclusion of the judges of his or her court under the Judges’ Retirement Law, multiplied by the period of service for which contributions are elected to be made, plus interest at 3 percent a year to the date of his or her payment upon the amounts of the deductions and from the respective dates they would have been made if he or she had been the holder of a judicial office subject to the provisions of the Judges’ Retirement Law at the time of the rendition of the services for which he or she has received or hereafter receives that credit. The amount of any contribution authorized by this subdivision and interest thereon shall be determined by the Judges’ Retirement System in accordance with this subdivision. (c) If the judge retires pursuant to Section 75025, the allowance is payable during the remainder of his or her life; if pursuant to Section 75060, it is payable as provided in Section 75060.6. (Amended by Stats. 1998, Ch. 212, Sec. 3. Effective January 1, 1999.)
  140. 75076.1.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 3.6. Benefits Payable [75075 - 75079.5] ( Article 3.6 added by Stats. 1959, Ch. 1363. )

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    If a judge’s ex-spouse was awarded a community property benefit, the judge’s retirement allowance is calculated as 65% of salary payable, or 75% if the judge has at least 20 years of service, minus the ex-spouse’s awarded percentage, subject to a maximum cap.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 3.6. Benefits Payable [75075 - 75079.5] ( Article 3.6 added by Stats. 1959, Ch. 1363. ) ## 75076.1. If a community property benefit has been awarded to a judge’s ex-spouse pursuant to Article 2.5 (commencing with Section 75050), the percent of the salary payable to the judge who retires under Section 75025 or 75060 shall be computed at the rate of 65 percent of the salary payable, at the time payment of the allowance falls due, to the judge holding the judicial office to which he or she was last elected or appointed, less the percentage awarded to the ex-spouse, or 75 percent of the salary payable less the percentage of the amount awarded to the ex-spouse if the judge has served at least 20 years of service at the time of his or her retirement. In no instance, regardless of the total number of years of judicial service, shall the retirement allowance percentage awarded the judge when combined with the percentage awarded the ex-spouse exceed the maximum amount allowable under the pertinent section under which the judge retired. (Added by Stats. 1989, Ch. 1379, Sec. 3. Applicable from June 1, 1988, by Sec. 7 of Ch. 1379.)
  141. 75076.2.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 3.6. Benefits Payable [75075 - 75079.5] ( Article 3.6 added by Stats. 1959, Ch. 1363. )

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    A judge who does part-time service after January 1, 1990 must receive a reduced retirement allowance.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 3.6. Benefits Payable [75075 - 75079.5] ( Article 3.6 added by Stats. 1959, Ch. 1363. ) ## 75076.2. A judge who renders part-time service after January 1, 1990, shall receive a reduced retirement allowance. The reduction shall be based upon the relationship between the actual service rendered by the judge, including service rendered by reason of sitting on assignment, and a full-time judge’s service during the period from January 1, 1990, until the date of retirement. Computations under this section and subdivision (a) of Section 75076 shall consider the salary payable to the judge of a municipal or justice court to be equal to 91.3225 percent of the salary of a superior court judge. For purposes of qualifying for retirement, part-time service shall be the equivalent of full-time service. (Amended by Stats. 2002, Ch. 784, Sec. 498. Effective January 1, 2003.)
  142. 75076.5.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 3.6. Benefits Payable [75075 - 75079.5] ( Article 3.6 added by Stats. 1959, Ch. 1363. )

    Verify source ↗

    A retired judge’s allowance cannot be reduced below a specified percentage of the highest salary the judge previously earned, if salaries are reduced.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 3.6. Benefits Payable [75075 - 75079.5] ( Article 3.6 added by Stats. 1959, Ch. 1363. ) ## 75076.5. Notwithstanding any other provision of law, in no event shall an allowance payable pursuant to this chapter to a retired member on the effective date of a reduction in judges’ salaries ever be reduced to an amount less than the amount produced by multiplying the amount of the highest salary the retired member was paid while serving as a judge by the following percentages: (a) For an allowance computed pursuant to Section 75032, 50 percent. (b) For an allowance computed pursuant to the first clause of subdivision (a) of Section 75076, 65 percent. (c) For an allowance computed pursuant to the second clause of subdivision (a) of Section 75076, 75 percent. (d) For an allowance computed pursuant to Section 75033 or 75033.5, the percentage used to calculate the original retirement allowance pursuant to Section 75033 or 75033.5. (Amended by Stats. 1988, Ch. 992, Sec. 8.)
  143. 75077.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 3.6. Benefits Payable [75075 - 75079.5] ( Article 3.6 added by Stats. 1959, Ch. 1363. )

    Verify source ↗

    A qualifying judge’s surviving spouse is entitled to an allowance equal to half of the judge’s retirement allowance, payable until death if the judge dies during retirement.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 3.6. Benefits Payable [75075 - 75079.5] ( Article 3.6 added by Stats. 1959, Ch. 1363. ) ## 75077. The surviving spouse of a judge who qualifies, as prescribed in Section 75075, to receive the benefits accorded by this article and who dies during retirement shall receive, until death, an allowance equal to one-half of the retirement allowance that would be payable to the judge if he or she were living and receiving the benefits accorded by this article. (Amended by Stats. 2004, Ch. 231, Sec. 13. Effective January 1, 2005.)
  144. 75077.5.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 3.6. Benefits Payable [75075 - 75079.5] ( Article 3.6 added by Stats. 1959, Ch. 1363. )

    Verify source ↗

    A judge’s spouse may receive surviving-spouse retirement benefits only if the judge died after retirement and the marriage met the section’s timing requirements.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 3.6. Benefits Payable [75075 - 75079.5] ( Article 3.6 added by Stats. 1959, Ch. 1363. ) ## 75077.5. For a judge who dies after retirement, the spouse of a judge at death may receive benefits payable to a surviving spouse under this chapter only if the spouse was married to the judge as of January 1, 1980, or continuously for a period beginning one year prior to the date of retirement and ending with the judge’s death. It is the intent of the Legislature that this section apply to all judges first appointed or elected to office on and after January 1, 1980, or to any judge who marries on or after January 1, 1980. (Added by Stats. 1979, Ch. 709.)
  145. 75078.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 3.6. Benefits Payable [75075 - 75079.5] ( Article 3.6 added by Stats. 1959, Ch. 1363. )

    Verify source ↗

    The State must pay the allowance to the judge and the judge’s surviving spouse, following the same timing and payment method used for Supreme Court justices’ salaries.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 3.6. Benefits Payable [75075 - 75079.5] ( Article 3.6 added by Stats. 1959, Ch. 1363. ) ## 75078. The allowance to the judge and to his surviving spouse under this article shall be paid by the State at the times and in the manner provided for the payment of salaries of justices of the Supreme Court. (Added by Stats. 1959, Ch. 1363.)
  146. 75079.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 3.6. Benefits Payable [75075 - 75079.5] ( Article 3.6 added by Stats. 1959, Ch. 1363. )

    Verify source ↗

    A judge who qualifies for these benefits cannot choose an optional settlement, may elect an actuarially reduced lifetime retirement allowance, and must file that election in writing within 30 days after the first payment. A qualifying judge’s surviving spouse may receive a one-half allowance if the judge chose the reduced allowance and dies during retirement.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 3.6. Benefits Payable [75075 - 75079.5] ( Article 3.6 added by Stats. 1959, Ch. 1363. ) ## 75079. (a) When a judge elects and becomes entitled to receive the benefits accorded by this article, he or she does not have the right to select an optional settlement under the provisions of Article 3.5 (commencing with Section 75070) of this chapter. (b) When a judge becomes entitled on and after January 1, 1987, to receive the benefits accorded by this article, the judge may instead elect an actuarially reduced retirement allowance payable for life and if the judge dies before he or she receives the amount of his or her accumulated contributions at retirement, the remaining unpaid amount of his or her accumulated contributions shall be paid to his or her designated beneficiary, if he or she has so designated, and if none, to his or her estate. The election shall be made in writing and filed with the Judges’ Retirement System within 30 calendar days after the making of the first payment on account of any retirement allowance. (c) The surviving spouse of a judge who qualifies, as prescribed in Section 75075, to receive the benefits accorded by Section 75076 but who elected to receive the actuarially reduced retirement allowance as provided in subdivision (b) and who dies during retirement shall receive, until death, an allowance equal to one-half of the retirement allowance that would have been payable to the judge if he or she were living and had elected to receive the benefits accorded by Section 75076. (Amended by Stats. 2014, Ch. 237, Sec. 10. (AB 2472) Effective January 1, 2015.)
  147. 75079.5.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 3.6. Benefits Payable [75075 - 75079.5] ( Article 3.6 added by Stats. 1959, Ch. 1363. )

    Verify source ↗

    A qualifying judge has the right to choose an optional settlement under Article 3.5.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 3.6. Benefits Payable [75075 - 75079.5] ( Article 3.6 added by Stats. 1959, Ch. 1363. ) ## 75079.5. Notwithstanding any other provision of this part, a judge who retires on or after January 1, 2002, and who elects to retire pursuant to Section 75025 shall have the right to elect an optional settlement pursuant to Article 3.5 (commencing with Section 75070). (Added by Stats. 2001, Ch. 433, Sec. 8. Effective January 1, 2002.)
  148. 7508.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 21. Public Pension and Retirement Plans [7500 - 7522.76] ( Heading of Chapter 21 renumbered from Chapter 19 (as added by Stats. 1974, Ch. 1478) by Stats. 1977, Ch. 579. ) ## ARTICLE 1. General Provisions [7500 - 7514.7] ( Article 1 heading added by Stats. 2012, Ch. 296, Sec. 10. )

    Verify source ↗

    A qualifying retired state retirement system member may serve on a public board or commission and may receive per diem, travel expenses, and continued benefits, if the service stays within 50 meeting days.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 21. Public Pension and Retirement Plans [7500 - 7522.76] ( Heading of Chapter 21 renumbered from Chapter 19 (as added by Stats. 1974, Ch. 1478) by Stats. 1977, Ch. 579. ) ## ARTICLE 1. General Provisions [7500 - 7514.7] ( Article 1 heading added by Stats. 2012, Ch. 296, Sec. 10. ) ## 7508. A retired member of a state retirement system, other than the University of California Retirement System, the Judges’ Retirement System, the Judges’ Retirement System II, and the State Teachers’ Retirement System, may, notwithstanding Section 9359.12, serve on a public board or commission and be entitled to receive for that service, per diem compensation for every day or portion thereof of actual attendance at meetings of the board or commission or any committee thereof, and necessary traveling expenses incurred in connection with the performance of his or her official duties, without loss or interruption of benefits provided by the system, so long as the service does not exceed a total of 50 meeting days. This section shall not apply to service as a member of a board or commission the annual salary for which is prescribed by Chapter 6 (commencing with Section 11550) of Division 3 of Title 2. (Amended by Stats. 1994, Ch. 879, Sec. 1. Effective September 27, 1994. Operative November 9, 1994, by Sec. 16 of Ch. 879.)
  149. 7508.5.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 21. Public Pension and Retirement Plans [7500 - 7522.76] ( Heading of Chapter 21 renumbered from Chapter 19 (as added by Stats. 1974, Ch. 1478) by Stats. 1977, Ch. 579. ) ## ARTICLE 1. General Provisions [7500 - 7514.7] ( Article 1 heading added by Stats. 2012, Ch. 296, Sec. 10. )

    Verify source ↗

    Certain former retirement board officials may not, for two years after leaving office, for compensation represent others before the pension system on matters meant to influence action.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 21. Public Pension and Retirement Plans [7500 - 7522.76] ( Heading of Chapter 21 renumbered from Chapter 19 (as added by Stats. 1974, Ch. 1478) by Stats. 1977, Ch. 579. ) ## ARTICLE 1. General Provisions [7500 - 7514.7] ( Article 1 heading added by Stats. 2012, Ch. 296, Sec. 10. ) ## 7508.5. Except as otherwise provided in Section 20098 or 31528 of this code, or Section 22212.5 of the Education Code, an individual who was a member of the retirement board of a public pension or retirement system, as defined in subdivision (h) of Section 17 of Article XVI of the California Constitution, or an administrator, executive officer, investment officer, or general counsel of that board, shall not, for a period of two years after leaving that position, for compensation, act as agent or attorney for, or otherwise represent, any other person except the public entity maintaining that pension or retirement system, by making any formal or informal appearance before, or any oral or written communication to, the pension or retirement system, or any officer or employee thereof, if the appearance or communication is made for the purpose of influencing administrative or legislative action, or any action or proceeding involving the issuance, amendment, awarding, or revocation of a permit, license, grant, contract, or sale or purchase of goods or property. (Added by Stats. 2009, Ch. 301, Sec. 2. (AB 1584) Effective October 11, 2009.)
  150. 75080.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 4. Employment of Retired Judges [75080 - 75083] ( Article 4 added by Stats. 1953, Ch. 206. )

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    Retired judges with disability retirement may keep receiving benefits, but the allowance can be reduced or stopped if they work, earn too much, or get certain court-assignment salary; the section also requires compensation reporting.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 4. Employment of Retired Judges [75080 - 75083] ( Article 4 added by Stats. 1953, Ch. 206. ) ## 75080. (a) If, after retirement for disability, a retired judge engages in the practice of law or other gainful occupation, the retirement allowance otherwise payable to him or her shall continue and shall not be reduced, except as provided in this section. (b) If a retired judge becomes entitled to any salary for assignment to a court by the Chairperson of the Judicial Council after retirement under Section 75060, the retirement allowance otherwise payable to him or her shall, during the time he or she is entitled to receive that salary or other compensation, be reduced by the amount of that salary or compensation. (c) Except as provided in subdivision (d), if a judge who is retired for disability engages in the practice of law or any other gainful occupation in which the compensation earned in any month when combined with the judge’s allowance exceeds 75 percent of the salary payable to the judge holding the judicial office to which the retired judge was last elected or appointed, the retirement allowance otherwise payable to the judge shall be reduced by the amount of any earnings in excess of that amount. The judge shall report the compensation earned during each month to the board by the eighth day of the following month. (d) If a judge who is retired for disability engages in the practice of law or other gainful occupation that requires the discharge of duties substantially similar to those duties that he or she was found, pursuant to Section 75060, to be unable to discharge efficiently because of his or her mental or physical disability, the retirement allowance otherwise payable to him or her shall cease permanently. (e) Persons affected by this section shall report all compensation earned in a form and manner required by the Board of Administration of the Public Employees’ Retirement System under penalty of perjury. The board shall have the authority to require these persons to grant the board permission to request wage information for the purposes of verifying the reported compensation earned. The Employment Development Department shall report compensation in a form and manner required by the board in accordance with Section 1798.24 of the Civil Code. The board shall reimburse the Employment Development Department for the costs that the department incurs in searching for and providing that information. (f) When a person described in subdivision (c) reaches the age at which he or she would have been eligible for retirement, pursuant to Section 75025, had he or she not incurred the disability, his or her retirement allowance shall be made equal to the amount it would be if not reduced under that subdivision, and shall not again be modified for any cause. (g) A judge who is retired for disability or becomes entitled to any salary for assignment to a court by the Chairperson of the Judicial Council after retirement under Section 75060 shall not be eligible to receive service credit in another public retirement system or under this chapter or to be reinstated to this system. (h) The Legislature reserves the right to increase or reduce the benefits prescribed by this section as it may find appropriate. (Amended by Stats. 1999, Ch. 671, Sec. 2. Effective January 1, 2000.)
  151. 75080.5.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 4. Employment of Retired Judges [75080 - 75083] ( Article 4 added by Stats. 1953, Ch. 206. )

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    A retired person who is appointed or elected as a judge must reinstate from retirement and rejoin the Judges’ Retirement System, unless the retired judge is serving under Section 68543.5.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 4. Employment of Retired Judges [75080 - 75083] ( Article 4 added by Stats. 1953, Ch. 206. ) ## 75080.5. (a) Except as described in subdivision (b), if a person who is retired under this system is appointed or elected to serve as a judge, he or she shall reinstate from retirement and again become a member of the Judges’ Retirement System pursuant to this chapter. (b) This section shall not apply to a retired judge who is assigned to serve in a court pursuant to Section 68543.5, and he or she shall not earn service credit or be entitled to retirement benefits under this part for that assignment. (Added by Stats. 2009, Ch. 130, Sec. 37. (AB 966) Effective January 1, 2010.)
  152. 75083.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 4. Employment of Retired Judges [75080 - 75083] ( Article 4 added by Stats. 1953, Ch. 206. )

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    A retired judge appointed as a master or referee must be paid extra compensation, and possible travel, board, and lodging expenses, with the state bearing those costs.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 4. Employment of Retired Judges [75080 - 75083] ( Article 4 added by Stats. 1953, Ch. 206. ) ## 75083. Any judge retired pursuant to this chapter who is appointed by the Supreme Court or any court of appeal, or division thereof, to act as a master or referee in any proceeding pending before those courts or before the Commission on Judicial Performance, shall be paid while so acting, in addition to his or her retirement allowance (taken without reduction on account of any election pursuant to Article 3.5 (commencing with Section 75070)) the difference, if any, between the retirement allowance and the compensation of a judge of the court from which he or she retired. When appointed to act as referee in a county other than that in which he or she resides, he or she shall also be allowed his or her necessary expenses for travel, board, and lodging incurred in the discharge of that appointment. The extra compensation and expenses, if any, shall be chargeable to the state. (Amended by Stats. 2002, Ch. 664, Sec. 127.7. Effective January 1, 2003.)
  153. 75085.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 4.5. Extended Service Incentive Program [75085 - 75089.1] ( Article 4.5 added by Stats. 2000, Ch. 961, Sec. 1. )

    Verify source ↗

    This section creates the Extended Service Incentive Program for eligible judges and provides a lump-sum payment to certain judges who retire with more than 23 years of creditable service.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 4.5. Extended Service Incentive Program [75085 - 75089.1] ( Article 4.5 added by Stats. 2000, Ch. 961, Sec. 1. ) ## 75085. The Extended Service Incentive Program is hereby created to provide an incentive to judges who are eligible to receive the maximum retirement benefit to remain in public service. The program is intended to address the growing problem of judges retiring when they are first eligible to do so. The people of California are continuing to lose vital judicial resources and experience when long-serving judges leave public service. The Extended Service Incentive Program shall provide certain judges who retire with more than 23 years of creditable service with a lump sum payment in addition to their normal monthly retirement allowance. It is intended that the program shall operate at no cost to the state, due to the anticipated delayed retirement of the participating judges. (Added by Stats. 2000, Ch. 961, Sec. 1. Effective January 1, 2001.)
  154. 75085.1.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 4.5. Extended Service Incentive Program [75085 - 75089.1] ( Article 4.5 added by Stats. 2000, Ch. 961, Sec. 1. )

    Verify source ↗

    The Extended Service Incentive Program must be designed and administered in line with applicable federal tax law and California Revenue and Taxation Code provisions.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 4.5. Extended Service Incentive Program [75085 - 75089.1] ( Article 4.5 added by Stats. 2000, Ch. 961, Sec. 1. ) ## 75085.1. The design and administration of the Extended Service Incentive Program shall conform to the applicable provisions of Title 26 of the United States Code and the Revenue and Taxation Code. (Added by Stats. 2000, Ch. 961, Sec. 1. Effective January 1, 2001.)
  155. 75085.2.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 4.5. Extended Service Incentive Program [75085 - 75089.1] ( Article 4.5 added by Stats. 2000, Ch. 961, Sec. 1. )

    Verify source ↗

    If part of this article is invalid, the rest still applies if it can work without the invalid part.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 4.5. Extended Service Incentive Program [75085 - 75089.1] ( Article 4.5 added by Stats. 2000, Ch. 961, Sec. 1. ) ## 75085.2. If any provision of this article or application thereof to any person or circumstance is held invalid, that invalidity shall not affect other provisions or applications of this article that can be given effect without the invalid provision or application, and to this end the provisions of this article are severable. (Added by Stats. 2000, Ch. 961, Sec. 1. Effective January 1, 2001.)
  156. 75085.3.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 4.5. Extended Service Incentive Program [75085 - 75089.1] ( Article 4.5 added by Stats. 2000, Ch. 961, Sec. 1. )

    Verify source ↗

    The board must implement the Extended Service Incentive Program by July 1, 2001, unless it resolves that more time is needed, in which case the deadline becomes January 1, 2002.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 4.5. Extended Service Incentive Program [75085 - 75089.1] ( Article 4.5 added by Stats. 2000, Ch. 961, Sec. 1. ) ## 75085.3. The board shall implement the Extended Service Incentive Program pursuant to the provisions of this article no later than July 1, 2001, unless the board determines, by resolution, that the implementation tasks cannot be completed until a later date, in which case the board shall implement the program pursuant to this article no later than January 1, 2002. (Added by Stats. 2000, Ch. 961, Sec. 1. Effective January 1, 2001.)
  157. 75085.4.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 4.5. Extended Service Incentive Program [75085 - 75089.1] ( Article 4.5 added by Stats. 2000, Ch. 961, Sec. 1. )

    Verify source ↗

    The board may adopt regulations to implement the program.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 4.5. Extended Service Incentive Program [75085 - 75089.1] ( Article 4.5 added by Stats. 2000, Ch. 961, Sec. 1. ) ## 75085.4. The board may adopt regulations to implement the program. (Added by Stats. 2000, Ch. 961, Sec. 1. Effective January 1, 2001.)
  158. 75085.5.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 4.5. Extended Service Incentive Program [75085 - 75089.1] ( Article 4.5 added by Stats. 2000, Ch. 961, Sec. 1. )

    Verify source ↗

    “Program” means the Extended Service Incentive Program.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 4.5. Extended Service Incentive Program [75085 - 75089.1] ( Article 4.5 added by Stats. 2000, Ch. 961, Sec. 1. ) ## 75085.5. “Program” means the Extended Service Incentive Program. (Added by Stats. 2000, Ch. 961, Sec. 1. Effective January 1, 2001.)
  159. 75085.6.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 4.5. Extended Service Incentive Program [75085 - 75089.1] ( Article 4.5 added by Stats. 2000, Ch. 961, Sec. 1. )

    Verify source ↗

    This section defines “extended service calculation date” as the later of January 1, 2001, or the date a judge first becomes eligible to participate in the program under Section 75086.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 4.5. Extended Service Incentive Program [75085 - 75089.1] ( Article 4.5 added by Stats. 2000, Ch. 961, Sec. 1. ) ## 75085.6. “Extended service calculation date” means the later of (a) January 1, 2001, or (b) the date the judge first becomes eligible to participate in the program pursuant to Section 75086. (Added by Stats. 2000, Ch. 961, Sec. 1. Effective January 1, 2001.)
  160. 75085.7.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 4.5. Extended Service Incentive Program [75085 - 75089.1] ( Article 4.5 added by Stats. 2000, Ch. 961, Sec. 1. )

    Verify source ↗

    “Extended service period” is the period starting on the extended service calculation date and ending at the earlier of the judge’s retirement or 120 months later.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 4.5. Extended Service Incentive Program [75085 - 75089.1] ( Article 4.5 added by Stats. 2000, Ch. 961, Sec. 1. ) ## 75085.7. “Extended service period” means a period of time commencing on the extended service calculation date and ending (a) on the date of the judge’s retirement or his or her earlier termination of service, as provided in subdivision (b) of Section 75086.1, or (b) 120 months after the extended service calculation date, whichever is earlier. Nothing in this article shall be deemed to prohibit a judge from continuing to perform creditable service beyond the extended service period. (Added by Stats. 2000, Ch. 961, Sec. 1. Effective January 1, 2001.)
  161. 75085.8.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 4.5. Extended Service Incentive Program [75085 - 75089.1] ( Article 4.5 added by Stats. 2000, Ch. 961, Sec. 1. )

    Verify source ↗

    “Program payment” means the amount paid to a judge because of participation in the program, as calculated under Section 75087.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 4.5. Extended Service Incentive Program [75085 - 75089.1] ( Article 4.5 added by Stats. 2000, Ch. 961, Sec. 1. ) ## 75085.8. “Program payment” means the amount to be paid to the judge as a result of his or her participation in the program, as calculated in Section 75087. (Added by Stats. 2000, Ch. 961, Sec. 1. Effective January 1, 2001.)
  162. 75086.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 4.5. Extended Service Incentive Program [75085 - 75089.1] ( Article 4.5 added by Stats. 2000, Ch. 961, Sec. 1. )

    Verify source ↗

    A judge may participate in the program if the judge has at least 20 years of creditable service and is at least 60 years old.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 4.5. Extended Service Incentive Program [75085 - 75089.1] ( Article 4.5 added by Stats. 2000, Ch. 961, Sec. 1. ) ## 75086. A judge shall be eligible to participate in the program if the judge has performed at least 20 years of creditable service and is at least 60 years of age. (Added by Stats. 2000, Ch. 961, Sec. 1. Effective January 1, 2001.)
  163. 75086.1.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 4.5. Extended Service Incentive Program [75085 - 75089.1] ( Article 4.5 added by Stats. 2000, Ch. 961, Sec. 1. )

    Verify source ↗

    A qualifying judge may receive a program payment when employment ends and retirement occurs, if creditable service continued for at least 36 months after the extended service calculation date.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 4.5. Extended Service Incentive Program [75085 - 75089.1] ( Article 4.5 added by Stats. 2000, Ch. 961, Sec. 1. ) ## 75086.1. (a) A judge described in Section 75086 shall be entitled to receive a program payment at the time of his or her termination of employment and retirement if the judge continued to perform creditable service for at least 36 months after the extended service calculation date. (b) Notwithstanding subdivision (a), if a judge described in Section 75086 ceases to perform creditable service within 36 months after the extended service calculation date due to the judge’s death or disability, or because the judge was unsuccessful in his or her efforts to be reelected or retained in office, the judge, or the judge’s beneficiary, shall be entitled to receive a program payment. No program payment shall be distributed pursuant to this subdivision prior to the implementation of the program as provided in Section 75085.3. (Added by Stats. 2000, Ch. 961, Sec. 1. Effective January 1, 2001.)
  164. 75086.2.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 4.5. Extended Service Incentive Program [75085 - 75089.1] ( Article 4.5 added by Stats. 2000, Ch. 961, Sec. 1. )

    Verify source ↗

    The judge’s retirement contribution must continue during the extended service period.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 4.5. Extended Service Incentive Program [75085 - 75089.1] ( Article 4.5 added by Stats. 2000, Ch. 961, Sec. 1. ) ## 75086.2. The judge’s retirement contribution shall continue during the extended service period. (Added by Stats. 2000, Ch. 961, Sec. 1. Effective January 1, 2001.)
  165. 75087.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 4.5. Extended Service Incentive Program [75085 - 75089.1] ( Article 4.5 added by Stats. 2000, Ch. 961, Sec. 1. )

    Verify source ↗

    The system must calculate the program payment using the judge’s monthly salary, with different percentages for different months of the extended service period, plus indexed monthly interest.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 4.5. Extended Service Incentive Program [75085 - 75089.1] ( Article 4.5 added by Stats. 2000, Ch. 961, Sec. 1. ) ## 75087. The program payment shall be calculated by the system as an aggregate amount equal to a percentage of the judge’s monthly salary for each month of the extended service period, taking into account any salary increases occurring during the period, plus monthly interest thereon at a rate indexed to 30 year United States Treasury Bonds. For the first to the 60th month, inclusive, of the extended service period, the calculation amount shall be 20 percent of the judge’s monthly salary. For the 61st to the 120th month, inclusive, of the extended service period, the calculation amount shall be 8 percent of the judge’s monthly salary. (Added by Stats. 2000, Ch. 961, Sec. 1. Effective January 1, 2001.)
  166. 75088.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 4.5. Extended Service Incentive Program [75085 - 75089.1] ( Article 4.5 added by Stats. 2000, Ch. 961, Sec. 1. )

    Verify source ↗

    When an eligible judge leaves employment and retires, the judge must receive the program payment as a single lump-sum payment.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 4.5. Extended Service Incentive Program [75085 - 75089.1] ( Article 4.5 added by Stats. 2000, Ch. 961, Sec. 1. ) ## 75088. Upon the termination of employment and retirement of a judge who is entitled to a program payment, as described in subdivision (a) of Section 75086.1, the judge shall receive the program payment, calculated pursuant to Section 75087, in the form of a single, lump-sum payment, in addition to any other retirement benefit to which the judge is entitled pursuant to this chapter. (Added by Stats. 2000, Ch. 961, Sec. 1. Effective January 1, 2001.)
  167. 75088.3.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 4.5. Extended Service Incentive Program [75085 - 75089.1] ( Article 4.5 added by Stats. 2000, Ch. 961, Sec. 1. )

    Verify source ↗

    This section sets deadlines for when certain judge retirement distributions must be paid.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 4.5. Extended Service Incentive Program [75085 - 75089.1] ( Article 4.5 added by Stats. 2000, Ch. 961, Sec. 1. ) ## 75088.3. The required beginning date of distributions that reflect the entire interest of the judge shall be as follows: (a) In the case of a lump-sum distribution to the judge, the lump-sum payment shall be made not later than April 1 of the calendar year following the later of the calendar year in which the judge attains the age prescribed by Section 401(a)(9) of the Internal Revenue Code or the calendar year in which the judge terminates employment. (b) In the case of a program payment payable on account of the judge’s death, the distribution shall be made no later than December 31 of the calendar year in which the fifth anniversary of the judge’s date of death occurs unless the beneficiary is the judge’s spouse in which case distributions shall commence on or before the later of either: (1) December 31 of the calendar year immediately following the calendar year in which the judge dies. (2) December 31 of the calendar year in which the judge would have attained the age prescribed by Section 401(a)(9) of the Internal Revenue Code. (Amended by Stats. 2023, Ch. 159, Sec. 17. (SB 885) Effective January 1, 2024.)
  168. 75088.4.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 4.5. Extended Service Incentive Program [75085 - 75089.1] ( Article 4.5 added by Stats. 2000, Ch. 961, Sec. 1. )

    Verify source ↗

    A judge covered by this section may file a beneficiary designation with the board to receive benefits payable under this article, but the designation cannot reduce a nonmember spouse’s community property share in certain cases.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 4.5. Extended Service Incentive Program [75085 - 75089.1] ( Article 4.5 added by Stats. 2000, Ch. 961, Sec. 1. ) ## 75088.4. A judge described in Section 75086 may, at any time, designate a beneficiary to receive the benefits that may be payable to his or her beneficiary or estate under this article by a writing filed with the board, except that 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. If a judge has not filed a beneficiary designation with the board, all benefits payable pursuant to this article shall be paid to the survivors of the judge in the order set forth in Section 21493. (Added by Stats. 2000, Ch. 961, Sec. 1. Effective January 1, 2001.)
  169. 75089.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 4.5. Extended Service Incentive Program [75085 - 75089.1] ( Article 4.5 added by Stats. 2000, Ch. 961, Sec. 1. )

    Verify source ↗

    A judge has no vested rights under this article until the judge meets the eligibility requirements in Section 75086, and the Legislature keeps the power to later modify or repeal the article.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 4.5. Extended Service Incentive Program [75085 - 75089.1] ( Article 4.5 added by Stats. 2000, Ch. 961, Sec. 1. ) ## 75089. Notwithstanding any other provision of law, a judge shall have no vested rights under this article unless and until the judge satisfies the eligibility requirements specified in Section 75086. Nothing in this article shall be construed to limit the right of the Legislature to subsequently modify or repeal any provision of this article as it relates, or may relate, to all other judges subject to this chapter. (Added by Stats. 2000, Ch. 961, Sec. 1. Effective January 1, 2001.)
  170. 75089.1.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 4.5. Extended Service Incentive Program [75085 - 75089.1] ( Article 4.5 added by Stats. 2000, Ch. 961, Sec. 1. )

    Verify source ↗

    The Judicial Council must report to the Legislature by January 1, 2006 on the Extended Service Incentive Program, and the board must also conduct an actuarial valuation and report the results by that date.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 4.5. Extended Service Incentive Program [75085 - 75089.1] ( Article 4.5 added by Stats. 2000, Ch. 961, Sec. 1. ) ## 75089.1. The Judicial Council shall, on or before January 1, 2006, prepare a report to the Legislature that analyzes the effects of the Extended Service Incentive Program, including the effect, if any, of the program on the length of service of judges. The report shall include recommendations on ways to encourage long service by judges in the Judges’ Retirement System II, including whether and how to establish an Extended Service Incentive Program for members of the Judges’ Retirement System II. The recommendations should also ensure that the Judges’ Retirement System and the Judges’ Retirement System II provide appropriate incentives to attract and retain judges of the highest quality from all areas of legal practice. In addition, the board shall, on or before January 1, 2006, conduct an actuarial valuation to determine the costs of the program and report the results thereof to the Legislature. (Added by Stats. 2000, Ch. 961, Sec. 1. Effective January 1, 2001.)
  171. 7509.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 21. Public Pension and Retirement Plans [7500 - 7522.76] ( Heading of Chapter 21 renumbered from Chapter 19 (as added by Stats. 1974, Ch. 1478) by Stats. 1977, Ch. 579. ) ## ARTICLE 1. General Provisions [7500 - 7514.7] ( Article 1 heading added by Stats. 2012, Ch. 296, Sec. 10. )

    Verify source ↗

    State or local public retirement systems are exempt from the California Constitution’s interest-rate restrictions for their loans and forbearances.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 21. Public Pension and Retirement Plans [7500 - 7522.76] ( Heading of Chapter 21 renumbered from Chapter 19 (as added by Stats. 1974, Ch. 1478) by Stats. 1977, Ch. 579. ) ## ARTICLE 1. General Provisions [7500 - 7514.7] ( Article 1 heading added by Stats. 2012, Ch. 296, Sec. 10. ) ## 7509. (a) The restrictions upon rates of interest contained in Section 1 of Article XV of the California Constitution shall not apply to any loans made by, or forbearances of, any state or local public retirement system, including, but not limited to, any public retirement system authorized and regulated by the State Teachers’ Retirement Law, the Public Employees’ Retirement Law, the County Employees Retirement Law of 1937, any public retirement system administered by the Teachers Retirement Board or Board of Administration of the Public Employees’ Retirement System, or any public retirement system acting pursuant to the laws of this state or the laws of any local agency. (b) For the purposes of this section, “local agency” means county, city, city and county, district, school district, or any public or municipal corporation, political subdivision, or other public agency of the state, or any instrumentality of one or more of these agencies. (c) This section creates and authorizes any state or local retirement system as an exempt class of persons pursuant to Section 1 of Article XV of the California Constitution. (Amended by Stats. 2006, Ch. 538, Sec. 236. Effective January 1, 2007.)
  172. 75090.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 5. Survivor Benefits [75090 - 75094] ( Article 5 added by Stats. 1961, Ch. 2136. )

    Verify source ↗

    Survivor benefits under this article are payable only to the surviving spouse of a judge who elects coverage, and certain judges must make that election by specified deadlines.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 5. Survivor Benefits [75090 - 75094] ( Article 5 added by Stats. 1961, Ch. 2136. ) ## 75090. The benefits of this article are payable only to the surviving spouse of a judge who elects to come within this article. Any person who becomes a judge after August 22, 1964, may elect to come within this article within six months after becoming a judge or three months after notice is mailed to him or her by the Judges’ Retirement System, except as otherwise provided in this section. Election to come within this article is made by filing written notice thereof with the Judges’ Retirement System. Any election by a judge may thereafter be revoked by the judge and a reelection may be made at any time after that revocation. Any judge who was married prior to January 1, 1990, and who had not previously elected to come within this article, shall exercise his or her election prior to April 1, 1990. A judge so electing shall pay all the contributions he or she would have made pursuant to Section 75092 had he or she been covered by this article as soon as originally eligible pursuant to this section. (Amended by Stats. 1989, Ch. 1379, Sec. 4.)
  173. 75091.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 5. Survivor Benefits [75090 - 75094] ( Article 5 added by Stats. 1961, Ch. 2136. )

    Verify source ↗

    A qualifying judge’s surviving spouse is entitled to a monthly allowance from the Judges’ Retirement Fund if the judge dies before retiring while still serving.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 5. Survivor Benefits [75090 - 75094] ( Article 5 added by Stats. 1961, Ch. 2136. ) ## 75091. (a) If a judge who is credited with at least 10 years of service but less than 20 years of service under this chapter dies prior to retiring under this chapter, and while serving as a judge, his or her surviving spouse shall receive a monthly allowance, payable from the Judges’ Retirement Fund, equal to 1.625 percent of the monthly salary payable, at the time payment of the allowance falls due, to the judge holding the judicial office to which the deceased judge was last elected or appointed multiplied by the number of years of service of the deceased judge. (b) If a judge who is credited with 20 years or more of service under this chapter dies prior to retiring under this chapter, and while serving as a judge, his or her surviving spouse shall receive a monthly allowance, payable from the Judges’ Retirement Fund, equal to 371/2 percent of the monthly salary payable, at the time the payment of the allowance falls due, to the judge holding the judicial office to which the deceased judge was last elected or appointed. (c) For the purposes of this section any fraction of a year equals one year. The allowance is payable commencing upon the death of the judge and continuing until the death of the surviving spouse. (d) If the surviving spouse is eligible for an allowance under Section 75104.4, the allowance provided for by Section 75104.4 shall be paid and no allowance shall be made under this article. If an allowance is paid under this section, no payment shall be made pursuant to Section 75104 or 75104.5. (Amended by Stats. 2004, Ch. 231, Sec. 15. Effective January 1, 2005.)
  174. 75092.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 5. Survivor Benefits [75090 - 75094] ( Article 5 added by Stats. 1961, Ch. 2136. )

    Verify source ↗

    A judge who elects to come within this article must pay $2 each month to the Judges’ Retirement Fund.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 5. Survivor Benefits [75090 - 75094] ( Article 5 added by Stats. 1961, Ch. 2136. ) ## 75092. Any judge electing to come within this article shall contribute two dollars ($2) a month to the Judges’ Retirement Fund. Such contribution shall be deducted from the monthly salary of each judge so electing by the State Controller and each county auditor in the same manner as deductions are made pursuant to Sections 75102 and 75103. The Legislature reserves the right to increase the rate of contribution prescribed by this section in such amount as it may find appropriate. (Added by Stats. 1961, Ch. 2136.)
  175. 75093.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 5. Survivor Benefits [75090 - 75094] ( Article 5 added by Stats. 1961, Ch. 2136. )

    Verify source ↗

    A surviving spouse of a judge who died in office on or after January 1, 1987 must receive a monthly allowance equal to 25% of the judge’s monthly salary, subject to the section’s election and offset rules.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 5. Survivor Benefits [75090 - 75094] ( Article 5 added by Stats. 1961, Ch. 2136. ) ## 75093. (a) Notwithstanding any other provisions of this article to the contrary, the surviving spouse of any judge who died in office on or after January 1, 1987, shall receive a monthly allowance, equal to 25 percent of the monthly salary payable at the time payment of the allowance falls due, to the judge last holding the judicial office to which the deceased judge was last elected or appointed. (b) A surviving spouse who receives an allowance pursuant to this section shall have no other claim with respect to the Judges’ Retirement Fund or with respect to any other provisions of the Judges’ Retirement Law except that a surviving spouse who receives an allowance pursuant to this section on account of a death in office on or after January 1, 1987, and who was eligible to elect the allowance payable pursuant to Section 75091, may elect, within a 24-month period after the date of the death of the judge, to become subject to Section 75091 in lieu of the benefit payable pursuant to this section, and that any surviving spouse who was, prior to January 1, 1987, eligible to elect the monthly allowance provided by Section 75091 but, instead, had elected at the time of the judge’s death, the monthly allowance payable pursuant to this section, may elect, within a 24-month period after the date of the death of the judge, to receive the monthly allowance provided by Section 75091 in lieu of the benefit payable pursuant to this section. An election revoking the benefit payable pursuant to this section and electing to receive the monthly allowance payable pursuant to Section 75091 shall be filed with the Judges’ Retirement System and the effective date of payment provided by Section 75091 shall be the first of the month following the date on which that election was filed. (c) This section does not prevent a surviving spouse from claiming or receiving any payments to which he or she may be entitled as a beneficiary under the Extended Service Incentive Program set forth in Article 4.5 (commencing with Section 75085). (d) If the surviving spouse has received a benefit under Division 4 (commencing with Section 3201) of the Labor Code, on account of the death of a judge, the amount of that benefit shall be deducted from the allowance payable under this section. (e) The allowance provided by this section shall be payable commencing with the day following the date of the judge’s death. (f) This section does not apply to the death of any retired judge while serving on assignment in any court. (Amended by Stats. 2003, Ch. 10, Sec. 35. Effective May 14, 2003.)
  176. 75094.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 5. Survivor Benefits [75090 - 75094] ( Article 5 added by Stats. 1961, Ch. 2136. )

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    A qualifying judge’s surviving spouse must receive a survivor allowance, and the judge may elect this section while in office; once elected, the choice cannot be changed.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 5. Survivor Benefits [75090 - 75094] ( Article 5 added by Stats. 1961, Ch. 2136. ) ## 75094. (a) Notwithstanding any other provision of this article to the contrary, the surviving spouse of a judge shall receive an allowance that is equal to the amount that the judge would have received had the judge been retired from service on the date of his or her death and had elected the optional settlement specified in subdivision (b) of Section 75071 and 75073, if all of the following apply to the judge: (1) The judge died in office on or after January 1, 2005. (2) The judge had attained the minimum age for service retirement applicable to the judge preceding his or her death, with a minimum of 20 years of service. (3) The judge was eligible to receive an allowance pursuant to Section 75025 or 75033.5. (b) A surviving spouse receiving an allowance pursuant to this section shall have no other claim to benefits with respect to the Judges’ Retirement Fund or with respect to any other provision of the Judges’ Retirement Law. (c) The benefits provided by this section are only payable to the surviving spouse of a judge who elects to come within this section. Notwithstanding Section 75090, that election may be made at any time while the judge is in office and, once made, the election is irrevocable. (d) This section does not prevent a surviving spouse from claiming or receiving any payments to which he or she may be entitled as a beneficiary under the Extended Service Incentive Program set forth in Article 4.5 (commencing with Section 75085). (Amended by Stats. 2016, Ch. 199, Sec. 45. (AB 2404) Effective January 1, 2017.)
  177. 75095.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 5.1. Surviving Children Benefits [75095 - 75098] ( Article 5.1 added by Stats. 1970, Ch. 1100. )

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    Surviving children benefits are payable only if a judge elects coverage under this article.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 5.1. Surviving Children Benefits [75095 - 75098] ( Article 5.1 added by Stats. 1970, Ch. 1100. ) ## 75095. The benefits of this article are payable only to the surviving children of a judge who elects to come within this article. Any person who becomes a judge after November 23, 1970, may elect to come within this article within six months after becoming a judge, or within six months of accepting or acquiring a legal duty to support one or more eligible children, whether his or her own or those of another person. Any judge who accepted or acquired a legal duty to support one or more eligible children prior to January 1, 1988, and who had not previously elected to come within this article, shall exercise his or her election prior to July 1, 1988. A judge so electing shall pay all the contributions he or she would have made pursuant to Section 75097 had he or she been covered by this article as soon as originally eligible pursuant to this section. Any person who is a judge on November 23, 1970, may elect to come within the provisions of this article on or before July 1, 1971. (Amended by Stats. 1987, Ch. 1380, Sec. 1.)
  178. 75096.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 5.1. Surviving Children Benefits [75095 - 75098] ( Article 5.1 added by Stats. 1970, Ch. 1100. )

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    This section directs who receives a monthly survivor allowance for a judge’s surviving unmarried children, including minors, full-time students, and certain disabled children.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 5.1. Surviving Children Benefits [75095 - 75098] ( Article 5.1 added by Stats. 1970, Ch. 1100. ) ## 75096. The monthly allowance payable pursuant to Section 75091 shall be paid to the guardian of surviving unmarried children while under 18 years of age and the surviving unmarried children over age 18 and under the age of 22 who are full-time students, and to the child or guardian of a surviving unmarried child over age 18 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, of a judge who dies prior to retirement under this chapter without a surviving spouse or in the event that the surviving spouse of a judge dies after his or her death. The amount paid shall be divided equally among the children. “Children,” for the purposes of this section, shall be limited to dependent children and stepchildren of the judge at the time of his or her death. “Disabled” or “disability” means, with respect to qualification for an allowance to a surviving child, inability to engage in any substantial gainful occupation by reason of any physical or mental impairment which is determined by the board, on the basis of competent medical or psychiatric opinion, to be of permanent or extended duration. Election to come within this article shall be made by filing a written notice thereof with the Judges’ Retirement System. Any election by a judge may thereafter be revoked by the judge and a reelection may be made at any time after revocation. The benefit payable under this section to a disabled child shall not exceed 25 percent of the compensation payable, at the time payments of the allowance fall due, to the judge holding the office which the judge last held prior to discontinuance of service as a judge. The amendments to this section made during the 1991–92 Regular Session shall be applicable to any retired judge who elects to be subject to the amended provisions of this section on or before January 1, 1993. (Amended by Stats. 1992, Ch. 176, Sec. 9. Effective July 13, 1992.)
  179. 75096.1.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 5.1. Surviving Children Benefits [75095 - 75098] ( Article 5.1 added by Stats. 1970, Ch. 1100. )

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    Certain surviving unmarried children, or their guardian, may elect a survivor allowance instead of other children’s benefits, and the electing judge must make contributions as provided elsewhere.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 5.1. Surviving Children Benefits [75095 - 75098] ( Article 5.1 added by Stats. 1970, Ch. 1100. ) ## 75096.1. Notwithstanding any other provisions of this article to the contrary, the guardian of surviving unmarried children while under 18 years of age and the surviving unmarried children over age 18 and under age 22 who are full-time students, of a judge who dies prior to retirement without a surviving spouse, or in the event that the surviving spouse of such judge dies after his death while receiving an allowance payable pursuant to Section 75093, may elect to receive in lieu of any other surviving children’s benefits an allowance equivalent to that payable pursuant to Section 75093, including, in the event of the death of the judge without a surviving spouse, the deduction therein provided. The amount paid shall be divided equally among the children. “Children” for the purposes of this section shall be limited to dependent children and stepchildren of the judge at the time of his death. Election to come within the benefits of this article as provided in Section 75096 shall be deemed to include the judge’s election that his children should enjoy the election granted by this section, and contributions shall be made by the judge so electing as provided in Section 75097. (Amended by Stats. 1983, Ch. 395, Sec. 26.)
  180. 75096.2.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 5.1. Surviving Children Benefits [75095 - 75098] ( Article 5.1 added by Stats. 1970, Ch. 1100. )

    Verify source ↗

    A qualifying judge’s survivors may receive a monthly allowance paid to the guardian of certain surviving unmarried children instead of other surviving children’s benefits.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 5.1. Surviving Children Benefits [75095 - 75098] ( Article 5.1 added by Stats. 1970, Ch. 1100. ) ## 75096.2. A monthly allowance equivalent to the allowance payable pursuant to Section 75104.4 shall be paid, in lieu of the allowance provided in Section 75096, or any other surviving children’s benefits, to the guardian of surviving unmarried children while under 18 years of age and the surviving unmarried children over age 18 and under age of 22 who are full-time students, of a judge who, although eligible for retirement, dies prior to retirement under this chapter without a surviving spouse, or in the event that the surviving spouse dies after his death while receiving an allowance payable pursuant to Section 75104.4. The amount paid shall be divided equally among the children. “Children” for the purposes of this section shall be limited to dependent children and stepchildren of the judge at the time of his death. Election to come within the benefits of this article as provided in Section 75096 shall be deemed to include an election to enjoy the benefit of this section, and contributions shall be made by the judge so electing as provided in Section 75097. (Amended by Stats. 1983, Ch. 395, Sec. 27.)
  181. 75096.3.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 5.1. Surviving Children Benefits [75095 - 75098] ( Article 5.1 added by Stats. 1970, Ch. 1100. )

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    A monthly survivor allowance must be paid to qualifying guardians and children of a retired judge in specified circumstances, with the amount shared equally among the children and capped for a disabled child.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 5.1. Surviving Children Benefits [75095 - 75098] ( Article 5.1 added by Stats. 1970, Ch. 1100. ) ## 75096.3. A monthly allowance equivalent to the allowance payable pursuant to Section 75077 shall be paid, in lieu of any other surviving children’s benefits, to the guardian of surviving unmarried children while under 18 years of age and the surviving unmarried children over age 18 and under age 22 who are full-time students, and to the guardian of a surviving unmarried child over age 18 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, of a judge who dies after retirement under this chapter without a surviving spouse or in the event that the surviving spouse of a judge dies after his or her death while receiving an allowance payable pursuant to Section 75077. The amount paid shall be divided equally among the children. “Children,” for the purposes of this section, shall be limited to dependent children and stepchildren of the judge at the time of his or her retirement. “Disabled” or “disability” means, with respect to qualification for an allowance to a surviving child, inability to engage in any substantial gainful occupation by reason of any physical or mental impairment which is determined by the board, on the basis of competent medical or psychiatric opinion, to be of permanent or extended duration. Election to come within the benefits of this article as provided in Section 75096 shall be deemed to include an election to enjoy the benefits of this section, and contributions shall be made by any retired judge so electing as fixed by Section 75097 to be deducted from the judge’s retirement allowance during his or her lifetime as provided in Section 75106.5. The benefit payable under this section to a disabled child shall not exceed 25 percent of the compensation payable, at the time payments of the allowance fall due, to the judge holding the office which the retired judge last held prior to discontinuance of service as a judge. The amendments made to this section during the 1991–92 Regular Session shall be applicable to any retired judge who elects to be subject to the amended provisions of this section on or before January 1, 1993. A retired judge so electing shall pay all the contributions he or she would have made pursuant to Section 75097 had he or she been covered by this article at the time of retirement. (Amended by Stats. 1992, Ch. 176, Sec. 10. Effective July 13, 1992.)
  182. 75097.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 5.1. Surviving Children Benefits [75095 - 75098] ( Article 5.1 added by Stats. 1970, Ch. 1100. )

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    A judge who elects to come within this article must contribute $3 a month to the Judges’ Retirement Fund.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 5.1. Surviving Children Benefits [75095 - 75098] ( Article 5.1 added by Stats. 1970, Ch. 1100. ) ## 75097. Any judge electing to come within this article shall contribute three dollars ($3) a month to the Judges’ Retirement Fund. The contribution shall be deducted from the monthly salary of each judge so electing by the Controller and each county auditor in the same manner as deductions are made pursuant to Sections 75102 and 75103. The Legislature reserves the right to increase the rate of contribution prescribed by this section in such amount as it may find appropriate. (Amended by Stats. 1992, Ch. 176, Sec. 11. Effective July 13, 1992.)
  183. 75098.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 5.1. Surviving Children Benefits [75095 - 75098] ( Article 5.1 added by Stats. 1970, Ch. 1100. )

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    If an allowance is paid under this article, no payment is made under Sections 75104 or 75104.5, unless the lower article allowance and the children’s beneficiary designation allow the guardian of children under 18 and the children over 18 to elect the other amount and waive this allowance.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11. Judges’ Retirement Law [75000 - 75111] ( Chapter 11 added by Stats. 1953, Ch. 206. ) ## ARTICLE 5.1. Surviving Children Benefits [75095 - 75098] ( Article 5.1 added by Stats. 1970, Ch. 1100. ) ## 75098. If an allowance is paid under this article no payment shall be made pursuant to Section 75104 or Section 75104.5, provided however, that if the prospective allowance payable to the children under the provisions of this article upon the death of a judge or retired judge without a surviving spouse is less than the aggregate amount payable under the provisions of Sections 75104 and 75104.5, and the judge has designated his children as his beneficiaries, the guardian of the children under age 18 and the children over 18 may elect to take the latter amount and waive the allowance otherwise payable under this article. (Amended by Stats. 1983, Ch. 395, Sec. 29.)
  184. 7510.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 21. Public Pension and Retirement Plans [7500 - 7522.76] ( Heading of Chapter 21 renumbered from Chapter 19 (as added by Stats. 1974, Ch. 1478) by Stats. 1977, Ch. 579. ) ## ARTICLE 1. General Provisions [7500 - 7514.7] ( Article 1 heading added by Stats. 2012, Ch. 296, Sec. 10. )

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    A public retirement system with qualifying real property investments must pay an annual fee to the city or county, unless a stated exception applies.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 21. Public Pension and Retirement Plans [7500 - 7522.76] ( Heading of Chapter 21 renumbered from Chapter 19 (as added by Stats. 1974, Ch. 1478) by Stats. 1977, Ch. 579. ) ## ARTICLE 1. General Provisions [7500 - 7514.7] ( Article 1 heading added by Stats. 2012, Ch. 296, Sec. 10. ) ## 7510. (a) (1) Except as provided in subdivision (b), a public retirement system, which has invested assets in real property and improvements thereon for business or residential purposes for the production of income, shall pay annually to the city or county, in whose jurisdiction the real property is located and has been removed from the secured roll, a fee for general governmental services equal to the difference between the amount that would have accrued as real property secured taxes and the amount of possessory interest unsecured taxes paid for that property. The governing bodies of local entities may adopt ordinances and regulations authorizing retirement systems to invest assets in real property subject to the foregoing requirements. (2) This subdivision shall not apply to any retirement system which is established by a local governmental entity if that entity is presently authorized by statute or ordinance to invest retirement assets in real property. (3) This subdivision shall not apply to property owned by any state public retirement system. (b) (1) Whenever a state public retirement system, which has invested assets in real property and improvements thereon for business or residential purposes for the production of income, leases the property, the lease shall provide, pursuant to Section 107.6 of the Revenue and Taxation Code, that the lessee’s possessory interest may be subject to property taxation and that the party in whom the possessory interest is vested may be subject to the payment of property taxes levied on that interest. The lease shall be valued in accordance with Section 21 of Title 18 of the California Code of Regulations, as that section was in effect on January 1, 2015, for the valuation of taxable possessory interests. (2) Except as provided in this subdivision, the property shall be assessed and its taxes computed and collected in the same manner as privately owned property. The lessee’s possessory interest shall be placed on the unsecured roll and the tax on the possessory interest shall be subject to the collection procedures for unsecured property taxes. (3) An investment by a state public retirement system in a legal entity that invests assets in real property and improvements thereon shall not constitute an investment by the state public retirement system of assets in real property and improvements thereon. For purposes of this paragraph, “legal entity” includes, but is not limited to, partnership, joint venture, corporation, trust, or association. When a state public retirement system invests in a legal entity, the state public retirement system shall be deemed to be a person for the purpose of determining a change in ownership under Section 64 of the Revenue and Taxation Code. (4) Notwithstanding any other provision of law, fees charged pursuant to this section and collected prior to July 1, 1992, shall be deemed valid and not refundable under any circumstance. Notwithstanding any other provision of law, fees, interest and penalties, if any, asserted to be due pursuant to this section that were not charged or collected prior to July 1, 1992, shall be deemed invalid and not collectable under any circumstance. (5) This subdivision shall apply to the assessment, computation, and collection of taxes for the fiscal year beginning on July 1, 1992, and each fiscal year thereafter. For the 1992–93 and 1993–94 fiscal years, in the case where a lessee’s possessory interest existed for less than the full fiscal year for which the tax was levied, the amount of tax shall be prorated in accordance with the number of months for which the lessee’s interest existed. (Amended by Stats. 2015, Ch. 454, Sec. 1. (SB 803) Effective January 1, 2016.)
  185. 7510.5.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 21. Public Pension and Retirement Plans [7500 - 7522.76] ( Heading of Chapter 21 renumbered from Chapter 19 (as added by Stats. 1974, Ch. 1478) by Stats. 1977, Ch. 579. ) ## ARTICLE 1. General Provisions [7500 - 7514.7] ( Article 1 heading added by Stats. 2012, Ch. 296, Sec. 10. )

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    The board must analyze material climate-related financial risk and publicly report on that analysis on a recurring schedule.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 21. Public Pension and Retirement Plans [7500 - 7522.76] ( Heading of Chapter 21 renumbered from Chapter 19 (as added by Stats. 1974, Ch. 1478) by Stats. 1977, Ch. 579. ) ## ARTICLE 1. General Provisions [7500 - 7514.7] ( Article 1 heading added by Stats. 2012, Ch. 296, Sec. 10. ) ## 7510.5. (a) For purposes of this section, the following definitions apply: (1) “Board” means the Board of Administration of the Public Employees’ Retirement System or the Teachers’ Retirement Board. (2) “Climate-related financial risk” means risk that may include material financial risk posed to the fund by the effects of the changing climate, such as intense storms, rising sea levels, higher global temperatures, economic damages from carbon emissions, and other financial and transition risks due to public policies to address climate change, shifting consumer attitudes, changing economics of traditional carbon-intense industries. (3) “Fund” means the Public Employees’ Retirement Fund described in Section 20062 or the Teachers’ Retirement Fund described in Section 22167 of the Education Code. (b) To the extent the board identifies climate-related financial risk as a material risk to the fund, that risk shall be analyzed. (c) By January 1, 2020, and every three years thereafter, the board shall publicly report on its analysis of the climate-related financial risk of its public market portfolio, including the alignment of the fund with the Paris climate agreement and California climate policy goals and the exposure of the fund to long-term risks. (d) The board shall include in the reports pursuant to subdivision (c) the methods and results of the board’s engagement related to climate-related financial risk with publicly traded companies that are the most carbon intense, such as utilities, oil, and gas producers, within the fund. This component of the reports shall include both of the following: (1) A summary of climate-related financial risk-related engagement activities undertaken. (2) A description of additional action taken, or planned to be taken, by the board to address climate-related financial risk, including a list of proxy votes and shareholder proposals initiated by the board. (e) Nothing in this section shall require the board to take action as described in this section unless the board determines in good faith that the action described in this section is consistent with the fiduciary responsibilities of the board as described in Section 17 of Article XVI of the California Constitution. (f) This section shall remain in effect only until January 31, 2035, and as of that date is repealed. (Added by Stats. 2018, Ch. 731, Sec. 2. (SB 964) Effective January 1, 2019. Repealed as of January 31, 2035, by its own provisions.)
  186. 7511.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 21. Public Pension and Retirement Plans [7500 - 7522.76] ( Heading of Chapter 21 renumbered from Chapter 19 (as added by Stats. 1974, Ch. 1478) by Stats. 1977, Ch. 579. ) ## ARTICLE 1. General Provisions [7500 - 7514.7] ( Article 1 heading added by Stats. 2012, Ch. 296, Sec. 10. )

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    This section lets certain parties buy insurance to cover fiduciary liability, subject to stated conditions.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 21. Public Pension and Retirement Plans [7500 - 7522.76] ( Heading of Chapter 21 renumbered from Chapter 19 (as added by Stats. 1974, Ch. 1478) by Stats. 1977, Ch. 579. ) ## ARTICLE 1. General Provisions [7500 - 7514.7] ( Article 1 heading added by Stats. 2012, Ch. 296, Sec. 10. ) ## 7511. Notwithstanding any other provision to the contrary: (a) A public retirement system may purchase insurance for its fiduciaries or for itself to cover liability or losses occurring by reason of the act or omission of a fiduciary, if the insurance permits recourse by the insurer against the fiduciary in the case of a breach of a fiduciary obligation by the fiduciary. (b) A fiduciary may purchase insurance to cover liability under this section from and for his or her own account. (c) An employer or an employee organization may purchase insurance to cover potential liability of one or more persons who serve in a fiduciary capacity with regard to an employee benefit plan. (Added by Stats. 1984, Ch. 1503, Sec. 4.)
  187. 7512.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 21. Public Pension and Retirement Plans [7500 - 7522.76] ( Heading of Chapter 21 renumbered from Chapter 19 (as added by Stats. 1974, Ch. 1478) by Stats. 1977, Ch. 579. ) ## ARTICLE 1. General Provisions [7500 - 7514.7] ( Article 1 heading added by Stats. 2012, Ch. 296, Sec. 10. )

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    Public pension and retirement systems must provide a concise annual report to requesting members after the annual audit, and local systems may charge a cost-based fee.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 21. Public Pension and Retirement Plans [7500 - 7522.76] ( Heading of Chapter 21 renumbered from Chapter 19 (as added by Stats. 1974, Ch. 1478) by Stats. 1977, Ch. 579. ) ## ARTICLE 1. General Provisions [7500 - 7514.7] ( Article 1 heading added by Stats. 2012, Ch. 296, Sec. 10. ) ## 7512. Each state and local public pension or retirement system shall, on and after the 90th day following the completion of the annual audit of the system, mail or otherwise provide to any member who makes a request therefor and pays, if required, a fee, a concise annual report on the investments and earnings of the system and other related matters. The report shall be published in a low-cost format. Each local public pension or retirement system may impose a fee for each copy of the report in an amount sufficient to pay all costs incurred in the preparation and dissemination of the report. (Amended by Stats. 1991, Ch. 281, Sec. 1.)
  188. 7513.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 21. Public Pension and Retirement Plans [7500 - 7522.76] ( Heading of Chapter 21 renumbered from Chapter 19 (as added by Stats. 1974, Ch. 1478) by Stats. 1977, Ch. 579. ) ## ARTICLE 1. General Provisions [7500 - 7514.7] ( Article 1 heading added by Stats. 2012, Ch. 296, Sec. 10. )

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    A qualifying person may choose a direct rollover of an eligible distribution, and the plan must pay the chosen amount directly to the eligible retirement plan specified.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 21. Public Pension and Retirement Plans [7500 - 7522.76] ( Heading of Chapter 21 renumbered from Chapter 19 (as added by Stats. 1974, Ch. 1478) by Stats. 1977, Ch. 579. ) ## ARTICLE 1. General Provisions [7500 - 7514.7] ( Article 1 heading added by Stats. 2012, Ch. 296, Sec. 10. ) ## 7513. (a) In the case of a state or local retirement system or plan that is subject to Section 401(a)(31) of the Internal Revenue Code, if, under the terms of the system or plan, a person becomes entitled to a distribution that constitutes an “eligible rollover distribution” within the meaning of Section 401(a)(31)(C) of the Internal Revenue Code, the person may elect, under terms and conditions to be established by the administrator of the system or plan, to have the distribution or a portion thereof paid directly to a plan that constitutes an “eligible retirement plan” within the meaning of Section 401(a)(31)(D) of the Internal Revenue Code, as specified by the person. Upon the exercise of the election by a person with respect to a distribution or portion thereof, the distribution by the system or plan of the amount so designated, once distributable under the terms of the system or plan, shall be made in the form of a direct rollover to the eligible retirement plan so specified. (b) The purpose and intent of this section is to enable the state and local retirement systems and plans that are subject to Section 401(a)(31) of the Internal Revenue Code of 1986, as amended, to comply with the requirements of that section regarding the provision of an election for direct rollover of certain plan distributions. (Added by Stats. 1992, Ch. 1047, Sec. 1. Effective January 1, 1993.)
  189. 7513.5.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 21. Public Pension and Retirement Plans [7500 - 7522.76] ( Heading of Chapter 21 renumbered from Chapter 19 (as added by Stats. 1974, Ch. 1478) by Stats. 1977, Ch. 579. ) ## ARTICLE 1. General Provisions [7500 - 7514.7] ( Article 1 heading added by Stats. 2012, Ch. 296, Sec. 10. )

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    Two retirement boards must report yearly to the Legislature on Northern Ireland-related employment practices, review invested companies, and support certain shareholder resolutions when feasible.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 21. Public Pension and Retirement Plans [7500 - 7522.76] ( Heading of Chapter 21 renumbered from Chapter 19 (as added by Stats. 1974, Ch. 1478) by Stats. 1977, Ch. 579. ) ## ARTICLE 1. General Provisions [7500 - 7514.7] ( Article 1 heading added by Stats. 2012, Ch. 296, Sec. 10. ) ## 7513.5. (a) On or before the first day of March of each year, the Teachers’ Retirement Board and the Board of Administration of the Public Employees’ Retirement System, respectively, shall investigate and report to the Legislature on the extent to which United States and international corporations operating in Northern Ireland, in which the assets of the State Teachers’ Retirement System and the Public Employees’ Retirement System are invested, adhere, in compliance with the law applicable in Northern Ireland, to the principles of nondiscrimination in employment and freedom of workplace opportunity. (b) The Teachers’ Retirement Board and the Board of Administration of the Public Employees’ Retirement System, respectively, shall compile a list of domestic and international corporations that, directly or through a subsidiary, do business in Northern Ireland, and in whose stocks or obligations it has invested, and determine whether each corporation on the list has, during the preceding year, taken substantial action, in compliance with the law applicable in Northern Ireland, designed to lead toward the achievement of the following goals: (1) Increased representation of individuals from underrepresented religious groups in the work force, including managerial, supervisory, administrative, clerical, and technical jobs. (2) Adequate security for the protection of minority employees both at the workplace and while traveling to and from work. (3) Banning of provocative religious or political emblems from the workplace. (4) Public advertisement of all job openings and the use of special recruitment efforts to attract applicants from underrepresented religious groups. (5) Establishment of layoff, recall, and termination procedures which do not, in practice, favor particular religious groupings. (6) Abolition of job reservations, apprenticeship restrictions, and differential employment criteria, which discriminate on the basis of religion or ethnic origin. (7) The development of training programs that will prepare substantial numbers of current minority employees for skilled jobs, including the expansion of existing programs and the creation of new programs to train, upgrade, and improve the skills of minority employees. (8) The establishment of procedures to assess, identify, and actively recruit minority employees with potential for further advancement. (9) The appointment of senior management staff members to oversee affirmative action efforts and the setting up of timetables to carry out affirmative action principles. (c) Whenever feasible and consistent with their fiduciary responsibility, the Teachers’ Retirement Board and the Board of Administration of the Public Employees’ Retirement System, respectively, shall support shareholder resolutions designed to encourage domestic and international corporations in which the Teachers’ Retirement Board and the Board of Administration of the Public Employees’ Retirement System, respectively, has invested to pursue, in compliance with the law applicable in Northern Ireland, a policy of affirmative action in Northern Ireland in accordance with the goals listed in subdivision (b). (Added by Stats. 1999, Ch. 341, Sec. 2. Effective January 1, 2000.)
  190. 7513.6.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 21. Public Pension and Retirement Plans [7500 - 7522.76] ( Heading of Chapter 21 renumbered from Chapter 19 (as added by Stats. 1974, Ch. 1478) by Stats. 1977, Ch. 579. ) ## ARTICLE 1. General Provisions [7500 - 7514.7] ( Article 1 heading added by Stats. 2012, Ch. 296, Sec. 10. )

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    The board may not invest public employee retirement funds in certain companies doing business in Sudan, and it must investigate, notify, monitor, report, and eventually divest when the section’s conditions are met.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 21. Public Pension and Retirement Plans [7500 - 7522.76] ( Heading of Chapter 21 renumbered from Chapter 19 (as added by Stats. 1974, Ch. 1478) by Stats. 1977, Ch. 579. ) ## ARTICLE 1. General Provisions [7500 - 7514.7] ( Article 1 heading added by Stats. 2012, Ch. 296, Sec. 10. ) ## 7513.6. (a) As used in this section, the following definitions shall apply: (1) “Active business operations” means a company engaged in business operations that provide revenue to the government of Sudan or a company engaged in oil-related activities. (2) “Board” means the Board of Administration of the Public Employees’ Retirement System or the Teachers’ Retirement Board of the State Teachers’ Retirement System, as applicable. (3) “Business operations” means maintaining, selling, or leasing equipment, facilities, personnel, or any other apparatus of business or commerce in Sudan, including the ownership or possession of real or personal property located in Sudan. (4) “Company” means a sole proprietorship, organization, association, corporation, partnership, venture, or other entity, its subsidiary or affiliate that exists for profitmaking purposes or to otherwise secure economic advantage. “Company” also means a company owned or controlled, either directly or indirectly, by the government of Sudan, that is established or organized under the laws of or has its principal place of business in the Republic of the Sudan. (5) “Government of Sudan” means the government of Sudan or its instrumentalities. (6) “Invest” or “investment” means the purchase, ownership, or control of stock of a company, association, or corporation, the capital stock of a mutual water company or corporation, bonds issued by the government or a political subdivision of Sudan, corporate bonds or other debt instruments issued by a company, or the commitment of funds or other assets to a company, including a loan or extension of credit to that company. (7) “Military equipment” means weapons, arms, or military defense supplies. (8) “Oil-related activities” means, but is not limited to, the export of oil, extracting or producing oil, exploration for oil, or the construction or maintenance of a pipeline, refinery, or other oil field infrastructure. (9) “Public employee retirement funds” means the Public Employees’ Retirement Fund described in Section 20062 of this code, and the Teachers’ Retirement Fund described in Section 22167 of the Education Code. (10) “Research firm” means a reputable, neutral third-party research firm. (11) “Substantial action” means a boycott of the government of Sudan, curtailing business in Sudan until that time described in subdivision (m), selling company assets, equipment, or real and personal property located in Sudan, or undertaking significant humanitarian efforts in the eastern, southern, or western regions of Sudan. (12) “Sudan” means the Republic of the Sudan, a territory under the administration or control of the Sudan, including but not limited to, the Darfur region, or an individual, company, or public agency located in Khartoum, northern Sudan, or the Nile River Valley that supports the Republic of the Sudan. (b) The board shall not invest public employee retirement funds in a company with business operations in Sudan that meets all of the following criteria: (1) The company is engaged in active business operations in Sudan. If that company is not engaged in oil-related activities, that company also lacks significant business operations in the eastern, southern, and western regions of Sudan. (2) Either of the following apply: (A) The company is engaged in oil-related activities or energy or power-related operations, or contracts with another company with business operations in the oil, energy, and power sectors of Sudan, and the company failed to take substantial action related to the government of Sudan because of the Darfur genocide. (B) The company has demonstrated complicity in the Darfur genocide. (c) Notwithstanding subdivision (b), the board shall not invest public employee retirement funds in a company that supplies military equipment within the borders of Sudan. If a company provides equipment within the borders of Sudan that may be readily used for military purposes, including, but not limited to, radar systems and military-grade transport vehicles, there shall also be a strong presumption against investing in that company unless that company implements safeguards to prevent the use of that equipment for military purposes. (d) (1) The board shall, without regard to the provisions regarding competitive bidding, contract with a research firm or firms to determine those companies that have business operations in Sudan. Those research firms shall, in the aggregate, obtain data on a majority of companies with business operations in Sudan. On or before March 30, 2007, those research firms shall report any findings to the board and those research firms shall submit further findings to the board if there is a change of circumstances in Sudan. (2) In addition to the reports described in paragraph (1), the board shall take all of the following actions no later than March 30, 2007: (A) Review publicly available information regarding companies with business operations in Sudan. (B) Contact other institutional investors that invest in companies with business operations in Sudan. (C) Send written notice to a company with business operations in Sudan that the company may be subject to this section. (e) (1) The board shall determine, by the next applicable board meeting and based on the information and reports described in subdivision (d), if a company meets the criteria described in subdivision (b) or (c). If the board plans to invest or has investments in a company that meets the criteria described in subdivision (b) or (c), that planned or existing investment shall be subject to subdivisions (g) and (h). (2) Investments of the board in a company that does not meet the criteria described in subdivision (b) or (c) or does not have active business operations in Sudan are not subject to subdivision (h), provided that the company does not subsequently meet the criteria described in subdivision (b) or (c) or engage in active business operations. The board shall identify the reasons why that company does not satisfy the criteria described in subdivision (b) or (c) or does not engage in active business operations in the report to the Legislature described in subdivision (i). (f) (1) Notwithstanding subdivision (e), if the board’s investment in a company described in subdivision (b) or (c) is limited to investment via an externally and actively managed commingled fund, the board shall contact that fund manager in writing and request that the fund manager remove that company from the fund as described in subdivision (h). On or before June 30, 2007, if the fund or account manager creates a fund or account devoid of companies described in subdivision (b) or (c), the transfer of board investments from the prior fund or account to the fund or account devoid of companies with business operations in Sudan shall be deemed to satisfy subdivision (h). (2) If the board’s investment in a company described in subdivision (b) or (c) is limited to an alternative fund or account, the alternative fund or account manager creates an actively managed commingled fund that excludes companies described in subdivision (b) or (c), and the new fund or account is deemed to be financially equivalent to the existing fund or account, the transfer of board investments from the existing fund or account to the new fund or account shall be deemed to satisfy subdivision (h). If the board determines that the new fund or account is not financially equivalent to the existing fund, the board shall include the reasons for that determination in the report described in subdivision (i). (3) The board shall make a good faith effort to identify any private equity investments that involve companies described in subdivision (b) or (c) or are linked to the government of Sudan. If the board determines that a private equity investment clearly involves a company described in subdivision (b) or (c) or is linked to the government of Sudan, the board shall consider, at its discretion, if those private equity investments shall be subject to subdivision (h). If the board determines that a private equity investment clearly involves a company described in subdivision (b) or (c) or is linked to the government of Sudan and the board does not take action as described in subdivision (h), the board shall include the reasons for its decision in the report described in subdivision (i). (g) Except as described in subdivision (f) or paragraph (2) of subdivision (e), the board, in the board’s capacity of shareholder or investor, shall notify any company described in paragraph (1) of subdivision (e) that the company is subject to subdivision (h) and permit that company to respond to the information and reports described in subdivision (d). The board shall request that the company take substantial action no later than 90 days from the date the board notified the company under this subdivision. If the board determines that a company has taken substantial action or has made sufficient progress towards substantial action before the expiration of that 90-day period, that company shall not be subject to subdivision (h). The board shall, at intervals not to exceed 90 days, continue to monitor and review the progress of the company until that company has taken substantial action in Sudan. A company that fails to complete substantial action or continue to make sufficient progress towards substantial action by the next time interval shall be subject to subdivision (h). (h) If a company described in paragraph (1) of subdivision (e) fails to complete substantial action by the time described in subdivision (g), the board shall take the following actions: (1) The board shall not make additional or new investments or renew existing investments in that company. (2) The board shall liquidate the investments of the board in that company no later than 18 months after this subdivision applies to that company. The board shall liquidate those investments in a manner to address the need for companies to take substantial action in Sudan and consistent with the board’s fiduciary responsibilities as described in Section 17 of Article XVI of the California Constitution. (i) On or before January 1, 2008, and every year thereafter, the board shall file a report with the Legislature. The report shall describe the following: (1) A list of investments the board has in companies with business operations in Sudan, including, but not limited to, the issuer, by name, of the stock, bonds, securities, and other evidence of indebtedness. (2) A detailed summary of the business operations a company described in paragraph (1) has in Sudan and whether that company satisfies all of the criteria in subdivision (b) or (c). (3) Whether the board has reduced its investments in a company that satisfies the criteria in subdivision (b) or (c). (4) If the board has not completely reduced its investments in a company that satisfies the criteria in subdivision (b) or (c), when the board anticipates that the board will reduce all investments in that company or the reasons why a sale or transfer of investments is inconsistent with the fiduciary responsibilities of the board as described in Section 17 of Article XVI of the California Constitution. (5) Any information described in subdivision (e). (6) A detailed summary of investments that were transferred to funds or accounts devoid of companies with business operations in Sudan as described in subdivision (f). (j) If the board voluntarily sells or transfers all of its investments in a company with business operations in Sudan, this section shall not apply except that the board shall file a report with the Legislature related to that company as described in subdivision (i). (k) Nothing in this section shall require the board to take action as described in this section unless the board determines, in good faith, that the action described in this section is consistent with the fiduciary responsibilities of the board as described in Section 17 of Article XVI of the California Constitution. (l) Subdivision (h) shall not apply to any of the following: (1) Investments in a company that is primarily engaged in supplying goods or services intended to relieve human suffering in Sudan. (2) Investments in a company that promotes health, education, journalistic, or religious activities in or welfare in the western, eastern, or southern regions of Sudan. (3) Investments in a United States company that is authorized by the federal government to have business operations in Sudan. (m) This section shall remain in effect only until one of the following occurs, and as of the date of that action, is repealed: (1) The government of Sudan halts the genocide in Darfur for 12 months as determined by both the Department of State and the Congress of the United States. (2) The United States revokes its current sanctions against Sudan. (Added by Stats. 2006, Ch. 442, Sec. 2. Effective January 1, 2007. Repealed conditionally by its own provisions.)
  191. 7513.7.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 21. Public Pension and Retirement Plans [7500 - 7522.76] ( Heading of Chapter 21 renumbered from Chapter 19 (as added by Stats. 1974, Ch. 1478) by Stats. 1977, Ch. 579. ) ## ARTICLE 1. General Provisions [7500 - 7514.7] ( Article 1 heading added by Stats. 2012, Ch. 296, Sec. 10. )

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    The board must avoid and divest certain investments in companies with business operations in Iran, and must report annually to the Legislature.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 21. Public Pension and Retirement Plans [7500 - 7522.76] ( Heading of Chapter 21 renumbered from Chapter 19 (as added by Stats. 1974, Ch. 1478) by Stats. 1977, Ch. 579. ) ## ARTICLE 1. General Provisions [7500 - 7514.7] ( Article 1 heading added by Stats. 2012, Ch. 296, Sec. 10. ) ## 7513.7. (a) As used in this section, the following definitions shall apply: (1) “Board” means the Board of Administration of the Public Employees’ Retirement System or the Teachers’ Retirement Board of the State Teachers’ Retirement System, as applicable. (2) “Business operations” means maintaining, selling, or leasing equipment, facilities, personnel, or any other apparatus of business or commerce in Iran, including the ownership or possession of real or personal property located in Iran. (3) “Company” means a sole proprietorship, organization, association, corporation, partnership, venture, or other entity, its subsidiary or affiliate that exists for profitmaking purposes or to otherwise secure economic advantage. “Company” also means a company owned or controlled, either directly or indirectly, by the government of Iran, that is established or organized under the laws of or has its principal place of business in Iran. (4) “Energy sector of Iran” means activities to develop petroleum or natural gas resources or nuclear power in Iran. (5) “Invest” or “investment” means the purchase, ownership, or control of stock of a company, association, or corporation, the capital stock of a mutual water company or corporation, bonds issued by the government or a political subdivision of Iran, corporate bonds or other debt instruments issued by a company, or the commitment of funds or other assets to a company, including a loan or extension of credit to that company. (6) “Iran” means the government of Iran and any agency or instrumentality of Iran. (7) “Public employee retirement funds” means the Public Employees’ Retirement Fund described in Section 20062 of this code, and the Teachers’ Retirement Fund described in Section 22167 of the Education Code. (8) “Substantial action” means a boycott of the government of Iran, curtailing business in Iran until that time described in subdivision (m), or selling company assets, equipment, or real and personal property located in Iran. (b) The board shall not invest public employee retirement funds in a company which has business operations in Iran as identified by the board through, as the board deems appropriate, publicly available information including, but not limited to, information provided by nonprofit and other organizations and government entities, that meets either of the following criteria: (1) The company (A) is invested in or engaged in business operations with entities in the defense or nuclear sectors of Iran or (B) has an investment of twenty million dollars ($20,000,000) or more in the energy sector of Iran, including in a company that provides oil or liquefied natural gas tankers, or products used to construct or maintain pipelines used to transport oil or liquefied natural gas, for the energy sector of Iran, and that company is subject to sanctions under Public Law 104-172, as renewed and amended in 2001 and 2006. (2) The company has demonstrated complicity with an Iranian organization that has been labeled as a terrorist organization by the United States government. (c) Annually, on or before June 30, the board shall review its investment portfolio and determine which companies are subject to divestment. (d) After the determination described in subdivision (c), the board shall determine, by the next applicable board meeting, if a company meets the criteria described in subdivision (b). If the board plans to invest or has investments in a company that meets the criteria described in subdivision (b), that planned or existing investment shall be subject to subdivisions (g) and (h). (e) Investments of the board in a company that does not meet the criteria described in subdivision (b) are not subject to subdivision (h) if the company does not subsequently meet the criteria described in subdivision (b). The board shall identify the reasons why that company does not satisfy the criteria described in subdivision (b) in the report to the Legislature described in subdivision (i). (f) (1) Notwithstanding subdivisions (d) and (e), if the board’s investment in a company described in subdivision (b) is limited to investment via an externally and actively managed commingled fund, the board shall contact that fund manager in writing and request that the fund manager remove that company from the fund as described in subdivision (h). On or before June 30, if the fund or account manager creates a fund or account devoid of companies described in subdivision (b), the transfer of board investments from the prior fund or account to the fund or account devoid of companies with business operations in Iran shall be deemed to satisfy subdivision (h). (2) If the board’s investment in a company described in subdivision (b) is limited to an alternative fund or account, the alternative fund or account manager creates an actively managed commingled fund that excludes companies described in subdivision (b), and the new fund or account is deemed to be financially equivalent to the existing fund or account, the transfer of board investments from the existing fund or account to the new fund or account shall be deemed to satisfy subdivision (h). If the board determines that the new fund or account is not financially equivalent to the existing fund, the board shall include the reasons for that determination in the report described in subdivision (i). (3) The board shall make a good faith effort to identify any private equity investments that involve companies described in subdivision (b), or are linked to the government of Iran. If the board determines that a private equity investment clearly involves a company described in subdivision (b), or is linked to the government of Iran, the board shall consider, at its discretion, if those private equity investments shall be subject to subdivision (h). If the board determines that a private equity investment clearly involves a company described in subdivision (b), or is linked to the government of Iran and the board does not take action as described in subdivision (h), the board shall include the reasons for its decision in the report described in subdivision (i). (g) Except as described in subdivisions (e) and (f), the board, in the board’s capacity of shareholder or investor, shall notify any company described in subdivision (d) that the company is subject to subdivision (h) and permit that company to respond to the board. The board shall request that the company take substantial action no later than 90 days from the date the board notified the company under this subdivision. If the board determines based on credible information available to the public that a company has taken substantial action or has made sufficient progress toward substantial action before the expiration of that 90-day period, that company shall not be subject to subdivision (h). The board shall, at intervals not to exceed 90 days, continue to monitor and review the progress of the company until that company has taken substantial action in Iran. Any determination made at each 90-day interval that a company has taken substantial action shall be supported by findings adopted by a rollcall vote of the board following a presentation and discussion of the findings in open session, during a properly noticed public hearing of the full board. All proposed findings of the board shall be made public 72 hours before they are considered by the board, and the board shall maintain a list of interested parties who shall be notified of proposed findings 72 hours before the board’s consideration. The findings and any public comments regarding the adopted findings and determinations made pursuant to this subdivision shall be included in the report to the Legislature required by subdivision (i). A company that fails to complete substantial action within one year from the date of the initial notice by the board shall be subject to subdivision (h). (h) If a company described in subdivision (d) fails to complete substantial action by the time described in subdivision (g), the board shall take the following actions: (1) The board shall not make additional or new investments or renew existing investments in that company. (2) The board shall liquidate the investments of the board in that company no later than 18 months after this subdivision applies to that company. The board shall liquidate those investments in a manner to address the need for companies to take substantial action in Iran and consistent with the board’s fiduciary responsibilities as described in Section 17 of Article XVI of the California Constitution. (i) On or before January 1, 2009, and every year thereafter, the board shall file a report with the Legislature. The report shall describe the following: (1) A list of investments the board has in companies with business operations that satisfy the criteria in subdivision (b), including, but not limited to, the issuer, by name, of the stock, bonds, securities, and other evidence of indebtedness. (2) A detailed summary of the business operations a company described in paragraph (1) has in Iran. (3) Whether the board has reduced its investments in a company that satisfies the criteria in subdivision (b). (4) If the board has not completely reduced its investments in a company that satisfies the criteria in subdivision (b), when the board anticipates that the board will reduce all investments in that company or the findings adopted in support of a determination made pursuant to subdivision (k) pertaining to why a sale or transfer of investments is inconsistent with the fiduciary responsibilities of the board as described in Section 17 of Article XVI of the California Constitution. (5) Any information described in subdivisions (d) and (e). (6) A detailed summary of investments that were transferred to funds or accounts devoid of companies with business operations in Iran as described in subdivision (f). (7) An annual calculation of any costs or investment losses or other financial results incurred in compliance with the provisions of this section. (j) If the board voluntarily sells or transfers all of its investments in a company with business operations in Iran, this section shall not apply except that the board shall file a report with the Legislature related to that company as described in subdivision (i). (k) Nothing in this section shall require the board to take action as described in this section if the board determines, and adopts findings, in good faith and based on credible information available to the public, that the action described in this section would fail to satisfy the fiduciary responsibilities of the board as described in Section 17 of Article XVI of the California Constitution. Any adopted findings shall demonstrate how divestment disadvantages the fund and that any feasible investment alternatives would yield a lower rate of return with commensurate degrees of risk, or create a higher degree of risk with commensurate rates of return. Notwithstanding any other law, any determination that an action would fail to satisfy the fiduciary responsibilities of the board as described in Section 17 of Article XVI of the California Constitution shall require a recorded rollcall vote of the full board, following a presentation and discussion of findings in open session, during a properly noticed public hearing of the full board. All proposed findings of the board shall be made public 72 hours before they are considered by the board, and the board shall maintain a list of interested parties who shall be notified of proposed findings 72 hours before board consideration. The findings and any public comments regarding the adopted findings and determinations made pursuant to this subdivision shall be included in the report to the Legislature required by subdivision (i). (l) This section shall cease to be operative if the President of the United States has made the certifications specified in paragraphs (1) and (2) of subdivision (a) of Section 8551 of Title 22 of the United States Code. (m) This section shall be known and may be cited as the California Public Divest from Iran Act. (n) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (Amended by Stats. 2011, Ch. 441, Sec. 2. (AB 1151) Effective January 1, 2012. Conditionally inoperative by its own provisions in subd. (l).)
  192. 7513.72.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 21. Public Pension and Retirement Plans [7500 - 7522.76] ( Heading of Chapter 21 renumbered from Chapter 19 (as added by Stats. 1974, Ch. 1478) by Stats. 1977, Ch. 579. ) ## ARTICLE 1. General Provisions [7500 - 7514.7] ( Article 1 heading added by Stats. 2012, Ch. 296, Sec. 10. )

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    The board must file a report with the Legislature and the Governor by April 1, 2018, with specified investment and engagement information.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 21. Public Pension and Retirement Plans [7500 - 7522.76] ( Heading of Chapter 21 renumbered from Chapter 19 (as added by Stats. 1974, Ch. 1478) by Stats. 1977, Ch. 579. ) ## ARTICLE 1. General Provisions [7500 - 7514.7] ( Article 1 heading added by Stats. 2012, Ch. 296, Sec. 10. ) ## 7513.72. (a) As used in this section: (1) “Board” means the Board of Administration of the Public Employees’ Retirement System or the Teachers’ Retirement Board of the State Teachers’ Retirement System, as applicable. (2) “Company” means a sole proprietorship, organization, association, corporation, partnership, venture, or other entity, or its subsidiary or affiliate, that exists for profitmaking purposes or to otherwise secure economic advantage. (3) “Dakota Access Pipeline” means the oil pipeline connecting the Bakken oil fields in northwest North Dakota to Illinois, traveling through South Dakota and Iowa, that runs north and upstream of the Standing Rock Sioux Reservation. (4) “Investment” means the purchase, ownership, or control of publicly issued stock, corporate bonds, or other debt instruments issued by a company. (5) “Public employee retirement funds” means the Public Employees’ Retirement Fund described in Section 20062 of this code and the Teachers’ Retirement Fund described in Section 22167 of the Education Code. (b) On or before April 1, 2018, the board shall file a report with the Legislature, in compliance with Section 9795, and the Governor that shall include the following: (1) A list of investments the board has in companies constructing, or funding the construction of, the Dakota Access Pipeline. (2) A list of companies identified pursuant to paragraph (1) with which the board has constructively engaged, including: (A) A detailed description of the board and its staff’s engagement activities with each company, including, but not limited to, the number of engagement interactions with each company. (B) A detailed description of the results of the engagement, including, but not limited to, agreements reached between the board and the company. (C) An evaluation as to the efficacy of the engagement, including, but not limited to, whether the engagement resulted in a change of action by the investing firm or company with which funds were invested. (c) It is the intent of the Legislature that on or before April 1, 2018, the board review and consider factors related to tribal sovereignty and indigenous tribal rights as part of the board’s investment policies related to environmental, social, and governance issues. (d) Nothing in this section shall require a board to take action as described in this section unless the board determines in good faith that the action described in this section is consistent with the fiduciary responsibilities of the board described in Section 17 of Article XVI of the California Constitution. (Added by Stats. 2017, Ch. 575, Sec. 2. (AB 20) Effective January 1, 2018.)
  193. 7513.74.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 21. Public Pension and Retirement Plans [7500 - 7522.76] ( Heading of Chapter 21 renumbered from Chapter 19 (as added by Stats. 1974, Ch. 1478) by Stats. 1977, Ch. 579. ) ## ARTICLE 1. General Provisions [7500 - 7514.7] ( Article 1 heading added by Stats. 2012, Ch. 296, Sec. 10. )

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    The board must stop new or renewed investments in covered Turkey-related investment vehicles when the specified federal sanctions trigger occurs, then liquidate those investments and report to the Legislature and Governor on deadline.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 21. Public Pension and Retirement Plans [7500 - 7522.76] ( Heading of Chapter 21 renumbered from Chapter 19 (as added by Stats. 1974, Ch. 1478) by Stats. 1977, Ch. 579. ) ## ARTICLE 1. General Provisions [7500 - 7514.7] ( Article 1 heading added by Stats. 2012, Ch. 296, Sec. 10. ) ## 7513.74. (a) As used in this section, the following terms have the following meanings: (1) “Board” means the Board of Administration of the Public Employees’ Retirement System or the Teachers’ Retirement Board of the State Teachers’ Retirement System, as applicable. (2) “Government of Turkey” means the government of Turkey or its instrumentalities or political subdivisions. (3) “Public employee retirement funds” means the Public Employees’ Retirement Fund described in Section 20062 and the Teachers’ Retirement Fund described in Section 22167 of the Education Code. (4) “Turkey” means the Republic of Turkey. (b) Upon passage of a federal law by both the United States House of Representatives and the United States Senate, and signed by the President of the United States, imposing sanctions on the government of Turkey for failure to officially acknowledge its responsibility for the Armenian Genocide, the board shall not make additional or new investments or renew existing investments of public employee retirement funds in any investment vehicle in the government of Turkey that meets either of the following criteria: (1) The investment vehicle is issued by the government of Turkey. (2) The investment vehicle is owned by the government of Turkey. (c) The board shall liquidate investments as described in subdivision (b), within 18 months of the passage of a federal law, pursuant to subdivision (b), that imposes sanctions on the government of Turkey for failure to officially acknowledge its responsibility for the Armenian Genocide. (d) Within one year of the passage of a federal law pursuant to subdivision (b) imposing sanctions on the government of Turkey for failure to officially acknowledge its responsibility for the Armenian Genocide, the board shall file a report with the Legislature, in compliance with Section 9795, and with the Governor, that shall include the following: (1) A list of investment vehicles in the government of Turkey of which the board has liquidated its investments pursuant to subdivision (c). (2) A list of investment vehicles in the government of Turkey of which the board has not liquidated its investments as a result of a determination made pursuant to subdivision (e) that a sale or transfer of investments is inconsistent with the fiduciary responsibilities of the board as described in Section 17 of Article XVI of the California Constitution and the board’s findings adopted in support of that determination. (e) Nothing in this section shall require a board to take action as described in this section unless the board determines in good faith that the action described in this section is consistent with the fiduciary responsibilities of the board described in Section 17 of Article XVI of the California Constitution. (f) (1) Before an extension of the operation of this section, the board shall, using methods or processes as determined by the board, reevaluate the merit of continuing the prescribed divestment action, including, but not limited to, the financial effects of the divestment action on the fiduciary responsibilities of the board pursuant to Section 17 of Article XVI of the California Constitution. (2) On or before January 1, 2035, the board shall submit a report to the Legislature with the information described in paragraph (1) on the merit of continuing the prescribed divestment action. (3) A report submitted pursuant to this subdivision shall be submitted in compliance with Section 9795. (g) This section shall be repealed on the earlier of the following dates: (1) Upon a determination by the board, the United States Department of State, the Congress of the United States, or other appropriate federal agency, that the government of Turkey has officially acknowledged its responsibility for the Armenian Genocide. (2) January 1, 2035. (Amended by Stats. 2023, Ch. 159, Sec. 2. (SB 885) Effective January 1, 2024. Conditionally repealed on or before January 1, 2035, as prescribed by its own provisions.)
  194. 7513.75.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 21. Public Pension and Retirement Plans [7500 - 7522.76] ( Heading of Chapter 21 renumbered from Chapter 19 (as added by Stats. 1974, Ch. 1478) by Stats. 1977, Ch. 579. ) ## ARTICLE 1. General Provisions [7500 - 7514.7] ( Article 1 heading added by Stats. 2012, Ch. 296, Sec. 10. )

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    The board must not make or renew investments in thermal coal companies, must liquidate those investments by July 1, 2017, and must report certain divestment and engagement information to the Legislature and Governor by January 1, 2018.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 21. Public Pension and Retirement Plans [7500 - 7522.76] ( Heading of Chapter 21 renumbered from Chapter 19 (as added by Stats. 1974, Ch. 1478) by Stats. 1977, Ch. 579. ) ## ARTICLE 1. General Provisions [7500 - 7514.7] ( Article 1 heading added by Stats. 2012, Ch. 296, Sec. 10. ) ## 7513.75. (a) The Legislature finds and declares all of the following: (1) The combustion of coal resources is the single largest contributor to global climate change in the United States. (2) Climate change affects all parts of the California economy and environment, and the Legislature has adopted numerous laws to mitigate greenhouse gas emissions and to adapt to a changing climate. (3) The purpose of this section is to require the Public Employees’ Retirement System and the State Teachers’ Retirement System, consistent with, and not in violation of, their fiduciary responsibilities, to divest their holding of thermal coal power as one part of the state’s broader efforts to decarbonize the California economy and to transition to clean, pollution free energy resources. (b) As used in this section, the following definitions apply: (1) “Board” means the Board of Administration of the Public Employees’ Retirement System or the Teachers’ Retirement Board of the State Teachers’ Retirement System, as applicable. (2) “Company” means a sole proprietorship, organization, association, corporation, partnership, venture, or other entity, or its subsidiary or affiliate, that exists for profit-making purposes or to otherwise secure economic advantage. (3) “Investment” means the purchase, ownership, or control of publicly issued stock, corporate bonds, or other debt instruments issued by a company. (4) “Public employee retirement funds” means the Public Employees’ Retirement Fund described in Section 20062 of this code, and the Teachers’ Retirement Fund described in Section 22167 of the Education Code. (5) “Thermal coal” means coal used to generate electricity, such as that which is burned to create steam to run turbines. Thermal coal does not mean metallurgical coal or coking coal used to produce steel. (6) “Thermal coal company” means a publicly traded company that generates 50 percent or more of its revenue from the mining of thermal coal, as determined by the board. (c) The board shall not make additional or new investments or renew existing investments of public employee retirement funds in a thermal coal company. (d) The board shall liquidate investments in a thermal coal company on or before July 1, 2017. In making a determination to liquidate investments, the board shall constructively engage with a thermal coal company to establish whether the company is transitioning its business model to adapt to clean energy generation, such as through a decrease in its reliance on thermal coal as a revenue source. (e) On or before January 1, 2018, the board shall file a report with the Legislature, in compliance with Section 9795, and the Governor, which shall include the following: (1) A list of thermal coal companies of which the board has liquidated its investments pursuant to subdivision (d). (2) A list of companies with which the board engaged pursuant to subdivision (d) that the board established were transitioning to clean energy generation, with supporting documentation to substantiate the board’s determination. (3) A list of thermal coal companies of which the board has not liquidated its investments as a result of a determination made pursuant to subdivision (f) that a sale or transfer of investments is inconsistent with the fiduciary responsibilities of the board as described in Section 17 of Article XVI of the California Constitution and the board’s findings adopted in support of that determination. (f) Nothing in this section shall require a board to take action as described in this section unless the board determines in good faith that the action described in this section is consistent with the fiduciary responsibilities of the board described in Section 17 of Article XVI of the California Constitution. (Added by Stats. 2015, Ch. 605, Sec. 1. (SB 185) Effective January 1, 2016.)
  195. 7513.8.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 21. Public Pension and Retirement Plans [7500 - 7522.76] ( Heading of Chapter 21 renumbered from Chapter 19 (as added by Stats. 1974, Ch. 1478) by Stats. 1977, Ch. 579. ) ## ARTICLE 1. General Provisions [7500 - 7514.7] ( Article 1 heading added by Stats. 2012, Ch. 296, Sec. 10. )

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    This section defines several terms used in related public pension investment rules, including board, external manager, investment fund, investment vehicle, person, and placement agent.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 21. Public Pension and Retirement Plans [7500 - 7522.76] ( Heading of Chapter 21 renumbered from Chapter 19 (as added by Stats. 1974, Ch. 1478) by Stats. 1977, Ch. 579. ) ## ARTICLE 1. General Provisions [7500 - 7514.7] ( Article 1 heading added by Stats. 2012, Ch. 296, Sec. 10. ) ## 7513.8. As used in this section and Sections 7513.85, 7513.86, 7513.87, 7513.9, and 7513.95: (a) “Board” means the retirement board of a public pension or retirement system, as defined in subdivision (h) of Section 17 of Article XVI of the California Constitution. (b) “External manager” means either of the following: (1) A person who is seeking to be, or is, retained by a board or an investment vehicle to manage a portfolio of securities or other assets for compensation. (2) A person who manages an investment fund and who offers or sells, or has offered or sold, an ownership interest in the investment fund to a board or an investment vehicle. (c) (1) “Investment fund” means a private equity fund, public equity fund, venture capital fund, hedge fund, fixed income fund, real estate fund, infrastructure fund, or similar pooled investment entity that is, or holds itself out as being, engaged primarily, or proposes to engage primarily, in the business of investing, reinvesting, owning, holding, or trading securities or other assets. (2) Notwithstanding paragraph (1), an investment company that is registered with the Securities and Exchange Commission pursuant to the Investment Company Act of 1940 (15 U.S.C. Sec. 80a-1 et seq.) and that makes a public offering of its securities is not an investment fund. (d) “Investment vehicle” means a corporation, partnership, limited partnership, limited liability company, association, or other entity, either domestic or foreign, managed by an external manager in which a board is the majority investor and that is organized in order to invest with, or retain the investment management services of, other external managers. (e) “Person” means an individual, corporation, partnership, limited partnership, limited liability company, or association, either domestic or foreign. (f) (1) “Placement agent” means any person directly or indirectly hired, engaged, or retained by, or serving for the benefit of or on behalf of, an external manager or an investment fund managed by an external manager, and who acts or has acted for compensation as a finder, solicitor, marketer, consultant, broker, or other intermediary in connection with the offer or sale to a board or an investment vehicle either of the following: (A) In the case of an external manager within the meaning of paragraph (1) of subdivision (b), the investment management services of the external manager. (B) In the case of an external manager within the meaning of paragraph (2) of subdivision (b), an ownership interest in an investment fund managed by the external manager. (2) Notwithstanding paragraph (1), an individual who is an employee, officer, director, equityholder, partner, member, or trustee of an external manager and who spends one-third or more of his or her time, during a calendar year, managing the securities or assets owned, controlled, invested, or held by the external manager is not a placement agent. (Amended by Stats. 2011, Ch. 704, Sec. 1. (SB 398) Effective October 9, 2011.)
  196. 7513.85.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 21. Public Pension and Retirement Plans [7500 - 7522.76] ( Heading of Chapter 21 renumbered from Chapter 19 (as added by Stats. 1974, Ch. 1478) by Stats. 1977, Ch. 579. ) ## ARTICLE 1. General Provisions [7500 - 7514.7] ( Article 1 heading added by Stats. 2012, Ch. 296, Sec. 10. )

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    The board must create a disclosure policy for payments to placement agents, and the system may not contract with an external manager unless it agrees in writing to follow the policy.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 21. Public Pension and Retirement Plans [7500 - 7522.76] ( Heading of Chapter 21 renumbered from Chapter 19 (as added by Stats. 1974, Ch. 1478) by Stats. 1977, Ch. 579. ) ## ARTICLE 1. General Provisions [7500 - 7514.7] ( Article 1 heading added by Stats. 2012, Ch. 296, Sec. 10. ) ## 7513.85. (a) The board shall develop and implement, on or before June 30, 2010, a policy requiring the disclosure of payments to placement agents in connection with system investments in or through external managers. The policy shall include, but not be limited to, the following requirements: (1) Disclosure of the existence of relationships between external managers and placement agents. (2) A resume for each officer, partner, or principal of the placement agent detailing the person’s education, professional designations, regulatory licenses, and investment and work experience. (3) A description of any and all compensation of any kind provided, or agreed to be provided, to a placement agent. (4) A description of the services to be performed by the placement agent. (5) A statement whether the placement agent, or any of its affiliates, are registered with the Securities and Exchange Commission or the Financial Industry Regulatory Association, or any similar regulatory agent in a country other than the United States, and the details of that registration or explanation as to why no registration is required. (6) A statement whether the placement agent, or any of its affiliates, is registered as a lobbyist with any state or national government. (b) Any external manager or placement agent that violates the policy shall not solicit new investments from the system for five years after the violation was committed. However, this prohibition may be reduced by a majority vote of the board at a public session upon a showing of good cause. (c) The system shall not enter into any agreement with an external manager that does not agree in writing to comply with the policy. (d) Nothing in this section shall require the board to take action as described in this section unless the board determines, in good faith, that the action described in this section is consistent with the fiduciary responsibilities of the board as described in Section 17 of Article XVI of the California Constitution. (Added by Stats. 2009, Ch. 301, Sec. 4. (AB 1584) Effective October 11, 2009.)
  197. 7513.86.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 21. Public Pension and Retirement Plans [7500 - 7522.76] ( Heading of Chapter 21 renumbered from Chapter 19 (as added by Stats. 1974, Ch. 1478) by Stats. 1977, Ch. 579. ) ## ARTICLE 1. General Provisions [7500 - 7514.7] ( Article 1 heading added by Stats. 2012, Ch. 296, Sec. 10. )

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    A person may not act as a placement agent for a potential investment by a state public retirement system unless the person is a registered lobbyist and fully complies with the Political Reform Act of 1974 as it applies to lobbyists.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 21. Public Pension and Retirement Plans [7500 - 7522.76] ( Heading of Chapter 21 renumbered from Chapter 19 (as added by Stats. 1974, Ch. 1478) by Stats. 1977, Ch. 579. ) ## ARTICLE 1. General Provisions [7500 - 7514.7] ( Article 1 heading added by Stats. 2012, Ch. 296, Sec. 10. ) ## 7513.86. Except as provided in subdivisions (b) and (c) of Section 82047.3, a person shall not act as a placement agent in connection with any potential system investment made by a state public retirement system unless that person is registered as a lobbyist in accordance with Chapter 6 (commencing with Section 86100) of Title 9 and is in full compliance with the Political Reform Act of 1974 (Title 9 (commencing with Section 81000)) as that act applies to lobbyists. (Added by Stats. 2010, Ch. 668, Sec. 2. (AB 1743) Effective January 1, 2011.)
  198. 7513.87.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 21. Public Pension and Retirement Plans [7500 - 7522.76] ( Heading of Chapter 21 renumbered from Chapter 19 (as added by Stats. 1974, Ch. 1478) by Stats. 1977, Ch. 579. ) ## ARTICLE 1. General Provisions [7500 - 7514.7] ( Article 1 heading added by Stats. 2012, Ch. 296, Sec. 10. )

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    A placement agent for a potential local public retirement system investment must file applicable reports with the local agency that handles lobbyist registration and must follow applicable requirements under Section 81013.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 21. Public Pension and Retirement Plans [7500 - 7522.76] ( Heading of Chapter 21 renumbered from Chapter 19 (as added by Stats. 1974, Ch. 1478) by Stats. 1977, Ch. 579. ) ## ARTICLE 1. General Provisions [7500 - 7514.7] ( Article 1 heading added by Stats. 2012, Ch. 296, Sec. 10. ) ## 7513.87. (a) A person acting as a placement agent in connection with any potential system investment made by a local public retirement system shall file any applicable reports with a local government agency that requires lobbyists to register and file reports and shall comply with any applicable requirements imposed by a local government agency pursuant to Section 81013. (b) This section does not apply to either of the following: (1) An individual who is an employee, officer, director, equityholder, partner, member, or trustee of an external manager who spends one-third or more of his or her time, during a calendar year, managing the securities or assets owned, controlled, invested, or held by the external manager. (2) An employee, officer, or director of an external manager, or of an affiliate of an external manager, if all of the following apply: (A) The external manager is registered as an investment adviser or a broker-dealer with the Securities and Exchange Commission or, if exempt from or not subject to registration with the Securities and Exchange Commission, any appropriate state securities regulator. (B) The external manager is participating in a competitive bidding process, such as a request for proposals, or has been selected through that process and is providing services pursuant to a contract executed as a result of that competitive bidding process. (C) The external manager, if selected through a competitive bidding process described in subparagraph (B), has agreed to a fiduciary standard of care, as defined by the standards of conduct applicable to the retirement board of a public pension or retirement system and set forth in Section 17 of Article XVI of the California Constitution, when managing a portfolio of assets of a public retirement system in California. (Amended by Stats. 2011, Ch. 704, Sec. 2. (SB 398) Effective October 9, 2011.)
  199. 7513.9.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 21. Public Pension and Retirement Plans [7500 - 7522.76] ( Heading of Chapter 21 renumbered from Chapter 19 (as added by Stats. 1974, Ch. 1478) by Stats. 1977, Ch. 579. ) ## ARTICLE 1. General Provisions [7500 - 7514.7] ( Article 1 heading added by Stats. 2012, Ch. 296, Sec. 10. )

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    Placement agents must disclose certain campaign contributions and gifts to the board before acting on a potential system investment, and must also disclose later contributions or gifts made while being paid for that investment.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 21. Public Pension and Retirement Plans [7500 - 7522.76] ( Heading of Chapter 21 renumbered from Chapter 19 (as added by Stats. 1974, Ch. 1478) by Stats. 1977, Ch. 579. ) ## ARTICLE 1. General Provisions [7500 - 7514.7] ( Article 1 heading added by Stats. 2012, Ch. 296, Sec. 10. ) ## 7513.9. (a) Any placement agent, prior to acting as a placement agent in connection with any potential system investment, shall disclose to the board all campaign contributions made by the placement agent to any elected member of the board during the prior 24-month period. Additionally, any subsequent campaign contribution made by the placement agent to an elected member of the board during the time the placement agent is receiving compensation in connection with a system investment shall also be disclosed. (b) Any placement agent, prior to acting as a placement agent in connection with any potential system investment, shall disclose to the board all gifts, as defined in Section 82028, given by the placement agent to any member of the board during the prior 24-month period. Additionally, any subsequent gift given by the placement agent to any member of the board during the time the placement agent is receiving compensation in connection with a system investment shall also be disclosed. (Added by Stats. 2009, Ch. 301, Sec. 5. (AB 1584) Effective October 11, 2009.)
  200. 7513.95.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 21. Public Pension and Retirement Plans [7500 - 7522.76] ( Heading of Chapter 21 renumbered from Chapter 19 (as added by Stats. 1974, Ch. 1478) by Stats. 1977, Ch. 579. ) ## ARTICLE 1. General Provisions [7500 - 7514.7] ( Article 1 heading added by Stats. 2012, Ch. 296, Sec. 10. )

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    Board members and employees must not sell or provide certain investment products to public retirement systems in California.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 21. Public Pension and Retirement Plans [7500 - 7522.76] ( Heading of Chapter 21 renumbered from Chapter 19 (as added by Stats. 1974, Ch. 1478) by Stats. 1977, Ch. 579. ) ## ARTICLE 1. General Provisions [7500 - 7514.7] ( Article 1 heading added by Stats. 2012, Ch. 296, Sec. 10. ) ## 7513.95. A member or employee of the board shall not, directly or indirectly, by himself or herself, or as an agent, partner, or employee of a person or entity other than the board, sell or provide any investment product that would be considered an asset of the fund to any public retirement system in California. (Added by Stats. 2009, Ch. 301, Sec. 6. (AB 1584) Effective October 11, 2009.)

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