Government Code — Part 93 | GOV — United States — California law | Esheria

Government Code

Part 93 of 107 · provisions 18,401–18,600

This act is named the Government Code.

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About this statute

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

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Provisions of Government Code

Showing 200 of 21,333

  1. 7513.97.

    ## 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 retirement-related terms used in Article VII, including actuarial equivalent, beneficiary, salary, and unmodified pension or retirement allowance.

    ## 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. ) ## 7513.97. As used in Section 11 of Article VII of the Constitution, the following terms have the following meanings: (a) “Actuarial equivalent” means a benefit of equal value when computed upon the basis of the mortality tables adopted and the actuarial interest rate fixed by the Board of Administration of the Public Employees’ Retirement System. (b) “Beneficiary” means any person or corporation designated by a member, a retired member, or statute, or the estate of a member or retired member designated by the member or retired member, to receive a benefit under the retirement system, on account of the death of the member or retired member. (c) “Salary” means the actual wages paid but shall not include any other benefits, such as, but not limited to, health and dental benefits, retirement benefits, vacation pay, and per diem. (d) “Unmodified pension or retirement allowance” means the maximum pension or retirement allowance receivable, prior to any selection of an optional settlement and includes any cost-of-living adjustment and any other increase granted subsequent to retirement. (Added by renumbering Section 7514 (as added by Stats. 1984, Ch. 220) by Stats. 2011, Ch. 296, Sec. 117. (AB 1023) Effective January 1, 2012.)
  2. 7514.

    ## 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 may invest assets in certain foreign-government-guaranteed debt, if the prudent investment standard is 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. ) ## 7514. (a) Notwithstanding any other provision of law except Chapter 7 (commencing with Section 16649.80) of Part 2 of Division 4 of Title 2, any state or local public retirement system may invest, subject to and consistent with the standard for prudent investment set forth in Section 17 of Article XVI of the California Constitution, its assets in the bonds or other evidences of indebtedness unconditionally guaranteed by any foreign government that has met the payments of similar bonds or other evidences of indebtedness when due. (b) A portion of the assets invested pursuant to this section may be used to purchase rated or unrated bonds, notes, or other instruments unconditionally guaranteed by Canada, Israel, Mexico, or South Africa. (Amended by Stats. 1994, Ch. 46, Sec. 1. Effective January 1, 1995.)
  3. 7514.1.

    ## 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, and the state and its political subdivisions, may invest in certain rated bonds and similar obligations, subject to a prudent-investment standard and 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. ) ## 7514.1. Notwithstanding any other provision of law except Chapter 7 (commencing with Section 16649.80) of Part 2 of Division 4 of Title 2, any state or local public retirement system may invest, subject to and consistent with the standard for prudent investment set forth in Section 17 of Article XVI of the California Constitution, and the state and any political subdivision of the state may, invest its assets in rated bonds, notes, or other obligations issued, assumed, or unconditionally guaranteed by the African Development Bank, the Asian Development Bank, the Caribbean Development Bank, the Inter-American Development Bank, the International Finance Corporation, the International Bank for Reconstruction and Development, the European Bank for Reconstruction and Development, and any other international financial institution that has met the payments of similar bonds, notes, or other obligations when due and in which the United States is a member. (Amended by Stats. 1995, Ch. 91, Sec. 45. Effective January 1, 1996.)
  4. 7514.2.

    ## 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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    A board may choose to invest in an in-state infrastructure project over a comparable out-of-state project if it stays consistent with its fiduciary duties and prudent investment standards.

    ## 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. ) ## 7514.2. (a) As used in this section, the following definitions shall apply: (1) “Board” means the Board of Administration of the Public Employees’ Retirement System, the Teachers’ Retirement Board, or the board of retirement or board of investments of a retirement system established pursuant to the County Employees Retirement Law of 1937 (Chapter 3 (commencing with Section 31450) of Part 3 of Division 4 of Title 3). (2) “Infrastructure” includes, but is not limited to, telecommunications, power, transportation, ports, petrochemical, and utilities. (b) A board may, subject to and consistent with its fiduciary duties and the standard for prudent investment set forth in Section 20190 of this code, Section 22203 of the Education Code, and Section 17 of Article XVI of the California Constitution, prioritize investment in an in-state infrastructure project over a comparable out-of-state project. (c) The Legislature encourages each board to prioritize investment in in-state infrastructure projects over alternative out-of-state infrastructure projects if the investments in the in-state projects are consistent with the board’s fiduciary duties to minimize the risk of loss and to maximize the rate of return. (d) Nothing in this section shall require a board to take action that is inconsistent with its plenary authority and fiduciary responsibilities, as described in Section 17 of Article XVI of the California Constitution. (Amended by Stats. 2013, Ch. 766, Sec. 1. (AB 205) Effective January 1, 2014.)
  5. 7514.3.

    ## 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 pension systems may set up credit enhancement programs, if they stay consistent with fiduciary duties and prudent investment standards. Any such program must comply with Internal Revenue Code Section 503.

    ## 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. ) ## 7514.3. Notwithstanding any other provision of law, state pension systems may, subject to and consistent with their fiduciary duties and the standard for prudent investment set forth in Section 20190 of this code and Section 17 of Article XVI of the California Constitution, establish credit enhancement programs to assist entities of state and local government and other issuers of municipal and public finance debt to secure more favorable financing terms through a variety of types of credit enhancement including, but not limited to, enhancement of the credit of bonds, notes, and other indebtedness. Any credit enhancement program shall comply with the requirements of Section 503 of the Internal Revenue Code. (Added by Stats. 2004, Ch. 266, Sec. 1. Effective August 23, 2004.)
  6. 7514.5.

    ## 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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    This section changes how the required time period is measured for certain retirement-system members who move from full-time elective office to membership in one of the listed retirement systems.

    ## 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. ) ## 7514.5. Notwithstanding any other provision of law, whenever the rights of a member of the Public Employees’ Retirement System, the State Teachers’ Retirement System, or a retirement system established under the County Employees Retirement Law of 1937, because of membership in another retirement system, are conditional upon employment within a specified period of time after termination of service in another retirement system, that specified period shall be the period of service in full-time elective office on and after November 6, 1990, if the member was a full-time elective officer on or after that date and becomes a member of any of those retirement systems within 120 days after termination of the full-time elective office. (Added by Stats. 1998, Ch. 1074, Sec. 1. Effective September 30, 1998.)
  7. 7514.7.

    ## 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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    Public investment funds must require annual disclosures from alternative investment vehicles and must also report the information publicly at least once a year.

    ## 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. ) ## 7514.7. (a) Every public investment fund shall require each alternative investment vehicle in which it invests to make the following disclosures at least annually: (1) The fees and expenses that the public investment fund pays directly to the alternative investment vehicle, the fund manager, or related parties. (2) The public investment fund’s pro rata share of fees and expenses not included in paragraph (1) that are paid from the alternative investment vehicle to the fund manager or related parties. The public investment fund may independently calculate this information based on information contractually required to be provided by the alternative investment vehicle to the public investment fund. If the public investment fund independently calculates this information, then the alternative investment vehicle shall not be required to provide the information identified in this paragraph. (3) The public investment fund’s pro rata share of carried interest distributed to the fund manager or related parties. (4) The public investment fund’s pro rata share of aggregate fees and expenses paid by all of the portfolio companies held within the alternative investment vehicle to the fund manager or related parties. (5) Any additional information described in subdivision (c) of Section 7928.710. (b) Every public investment fund shall disclose the information provided pursuant to subdivision (a) at least once annually in a report presented at a meeting open to the public. The public investment fund’s report required pursuant to this subdivision shall also include the gross and net rate of return of each alternative investment vehicle, since inception, in which the public investment fund participates. The public investment fund may report the gross and net rate of return and information required by subdivision (a) based on its own calculations or based on calculations provided by the alternative investment vehicle. (c) For purposes of this section: (1) “Alternative investment” means an investment in a private equity fund, venture fund, hedge fund, or absolute return fund. (2) “Alternative investment vehicle” means the limited partnership, limited liability company, or similar legal structure through which a public investment fund invests in an alternative investment. (3) “Fund manager” means the general partner, managing manager, adviser, or other person or entity with primary investment decisionmaking authority over an alternative investment vehicle and related parties of the fund manager. (4) “Carried interest” means any share of profits from an alternative investment vehicle that is distributed to a fund manager, general partner, or related parties, including allocations of alternative investment vehicle profits received by a fund manager in consideration of having waived fees that it might otherwise have been entitled to receive. (5) “Portfolio companies” means individual portfolio investments made by the alternative investment vehicle. (6) “Gross rate of return” means the internal rate of return for the alternative investment vehicle prior to the reduction of fees and expenses described in subdivision (a). (7) “Public investment fund” means any fund of any public pension or retirement system, including that of the University of California. (8) “Operational person” means any operational partner, senior adviser, or other consultant or employee whose primary activity for a relevant entity is to provide operational or back office support to any portfolio company of any alternative investment vehicle, account, or fund managed by a related person. (9) “Related person” means any current or former employee, manager, or partner of any related entity that is involved in the investment activities or accounting and valuation functions of the relevant entity or any of their respective family members. (10) “Related party” means: (A) Any related person. (B) Any operational person. (C) Any entity more than 10 percent of the ownership of which is held directly or indirectly, whether through other entities or trusts, by a related person or operational person regardless if the related person or operational person participates in the carried interest received by the general partner or the special limited partner. (D) Any consulting, legal, or other service provider regularly engaged by portfolio companies of an alternative investment vehicle, account, or fund managed by a related person and that also provides advice or services to any related person or relevant entity. (11) “Relevant entity” means the general partner, any separate carry vehicle, the investor adviser, any of the investment adviser’s parent or subsidiary entities, or any similar entity related to any other alternative investment vehicle, account, or fund advised or managed by any current or former related person. (d) (1) This section applies to all new contracts the public investment fund enters into on or after January 1, 2017, and to all existing contracts pursuant to which the public investment fund makes a new capital commitment on or after January 1, 2017. (2) With respect to existing contracts not covered by paragraph (1), the public investment fund shall undertake reasonable efforts to obtain the information described in subdivision (a) and comply with the reporting requirements contained in subdivision (b) with respect to any information obtained after January 1, 2017. (Amended by Stats. 2021, Ch. 615, Sec. 148. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Section 463 of Stats. 2021, Ch. 615.)
  8. 7515.

    ## 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 2. Joint Retirement System Investment Information Sharing [7515 - 7516] ( Article 2 heading added by Stats. 2012, Ch. 296, Sec. 12. )

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    The chapter’s intent is to authorize and encourage the Public Employees’ Retirement System and the State Teachers’ Retirement System to cooperate regularly and share information about investment strategies.

    ## 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 2. Joint Retirement System Investment Information Sharing [7515 - 7516] ( Article 2 heading added by Stats. 2012, Ch. 296, Sec. 12. ) ## 7515. It is the intent of this chapter to authorize and encourage the Public Employees’ Retirement System and the State Teachers’ Retirement System to regularly cooperate and share information that may assist both systems in developing and implementing appropriate investment strategies, with the advice of investment experts selected by the systems who are willing to share their knowledge and expertise. (Repealed and added by Stats. 2000, Ch. 320, Sec. 3. Effective January 1, 2001.)
  9. 7516.

    ## 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 2. Joint Retirement System Investment Information Sharing [7515 - 7516] ( Article 2 heading added by Stats. 2012, Ch. 296, Sec. 12. )

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    Sharing certain investment information between the two retirement systems, or with selected investment advisors, does not make the information lose its confidential status.

    ## 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 2. Joint Retirement System Investment Information Sharing [7515 - 7516] ( Article 2 heading added by Stats. 2012, Ch. 296, Sec. 12. ) ## 7516. Notwithstanding any other provision of law, confidential information or documents relating to investments in the possession of the Public Employees’ Retirement System or the State Teachers’ Retirement System shall not lose their confidential status due to the fact that the information or documents are shared with the other system or with investment advisors selected by the systems to advise on asset allocation, active verses passive management, or other investment issues of mutual interest and concern. Nothing in this chapter shall be construed to authorize the release or sharing of documents or information in violation of federal law or the terms of a contract. (Added by Stats. 2000, Ch. 320, Sec. 3. Effective January 1, 2001.)
  10. 7520.

    ## 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 3. Deposits of Public Pension and Retirement Funds [7520- 7520.] ( Article 3 heading added by Stats. 2012, Ch. 296, Sec. 14. )

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    Public pension funds and retirement systems may make certain 12-month-or-longer deposits with a savings and loan association if the association makes matching construction loans and follows the interest and fee limits.

    ## 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 3. Deposits of Public Pension and Retirement Funds [7520- 7520.] ( Article 3 heading added by Stats. 2012, Ch. 296, Sec. 14. ) ## 7520. (a) Notwithstanding any other provision of law, any public pension fund or retirement system of this state or local agency of this state may contract with a savings and loan association doing business in this state under terms by which the association shall receive deposits of money from the fund or system for a term of 12 months or longer upon the association’s agreement to offer loans for the construction of new residential structures and related improvements, including apartment buildings or other multiple-unit structures, in an amount equal to the amount of the deposit, at a rate of interest equal to the rate of interest on the deposit plus 200 basis points. The savings and loan association may require additionally an origination fee not exceeding the amount required by the savings and loan association for comparable loans not subject to this section, but in no case exceeding 5 percent of the loan amount. This fee shall not be deemed to include any expenses of the association directly related to approving, processing, or recording loans made pursuant to this section. Reasonable charges to cover those expenses may be imposed in connection with the loans. (b) Nothing in this section shall authorize a pension fund or retirement system to make deposits at less than the otherwise applicable rate of interest nor prohibit the fund or system from depositing funds with other financial institutions or under other conditions. (Amended by Stats. 2006, Ch. 538, Sec. 237. Effective January 1, 2007.)
  11. 7522.

    ## 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 4. California Public Employees’ Pension Reform Act of 2013 [7522 - 7522.76] ( Article 4 added by Stats. 2012, Ch. 296, Sec. 15. )

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    This article is named the California Public Employees’ Pension Reform Act of 2013.

    ## 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 4. California Public Employees’ Pension Reform Act of 2013 [7522 - 7522.76] ( Article 4 added by Stats. 2012, Ch. 296, Sec. 15. ) ## 7522. This article shall be known as the California Public Employees’ Pension Reform Act of 2013. (Added by Stats. 2012, Ch. 296, Sec. 15. (AB 340) Effective January 1, 2013.)
  12. 7522.02.

    ## 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 4. California Public Employees’ Pension Reform Act of 2013 [7522 - 7522.76] ( Article 4 added by Stats. 2012, Ch. 296, Sec. 15. )

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    This section says the article applies to public retirement systems and their participating employers, with specific exceptions and grandfathering rules for some entities, plans, and employees.

    ## 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 4. California Public Employees’ Pension Reform Act of 2013 [7522 - 7522.76] ( Article 4 added by Stats. 2012, Ch. 296, Sec. 15. ) ## 7522.02. (a) (1) Notwithstanding any other law, except as provided in this article, on and after January 1, 2013, this article shall apply to all state and local public retirement systems and to their participating employers, including the Public Employees’ Retirement System, the State Teachers’ Retirement System, the Legislators’ Retirement System, the Judges’ Retirement System, the Judges’ Retirement System II, county and district retirement systems created pursuant to the County Employees Retirement Law of 1937 (Chapter 3 (commencing with Section 31450) of Part 3 of Division 4 of Title 3), independent public retirement systems, and to individual retirement plans offered by public employers. However, this article shall be subject to the Internal Revenue Code and Section 17 of Article XVI of the California Constitution. The administration of the requirements of this article shall comply with applicable provisions of the Internal Revenue Code and the Revenue and Taxation Code. (2) Notwithstanding paragraph (1), this article shall not apply to the entities described in Section 9 of Article IX of, and Sections 4 and 5 of Article XI of, the California Constitution, except to the extent that these entities continue to be participating employers in any retirement system governed by state statute. Accordingly, any retirement plan approved before January 1, 2013, by the voters of any entity excluded from coverage by this section shall not be affected by this article. (3) (A) Notwithstanding paragraph (1), this article shall not apply to a public employee whose interests are protected under Section 5333(b) of Title 49 of the United States Code until a federal district court rules that the United States Secretary of Labor, or their designee, erred in determining that the application of this article precludes certification under that section, or until January 1, 2016, whichever is sooner. (B) If a federal district court upholds the determination of the United States Secretary of Labor, or their designee, that application of this article precludes them from providing a certification under Section 5333(b) of Title 49 of the United States Code, this article shall not apply to a public employee specified in subparagraph (A). (4) Notwithstanding paragraph (1), this article shall not apply to a multiemployer plan authorized by Section 302(c)(5) of the federal Taft-Hartley Act (29 U.S.C. Sec. 186(c)(5)) if the public employer began participation in that plan prior to January 1, 2013, and the plan is regulated by the federal Employee Retirement Income Security Act of 1974 (29 U.S.C. Sec. 1001 et seq.). (b) The benefit plan required by this article shall apply to public employees who are new members as defined in Section 7522.04. (c) (1) Individuals who were employed by any public employer before January 1, 2013, and who became employed by a subsequent public employer for the first time on or after January 1, 2013, shall be subject to the retirement plan that would have been available to employees of the subsequent employer who were first employed by the subsequent employer on or before December 31, 2012, if the individual was subject to concurrent membership for which creditable service was performed in the previous six months or reciprocity established under any of the following provisions: (A) Article 5 (commencing with Section 20350) of Chapter 3 of Part 3 of Division 5 of Title 2. (B) Chapter 3 (commencing with Section 31450) of Part 3 of Division 4 of Title 3. (C) Any agreement between public retirement systems to provide reciprocity to members of the systems. (D) Section 22115.2 of the Education Code. (2) An individual who was employed before January 1, 2013, and who, without a separation from employment, changed employment positions and became subject to a different defined benefit plan in a different public retirement system offered by their employer shall be subject to that defined benefit plan as it would have been available to employees who were first employed on or before December 31, 2012. (d) If a public employer, before January 1, 2013, offers a defined benefit pension plan that provides a defined benefit formula with a lower benefit factor at normal retirement age and results in a lower normal cost than the defined benefit formula required by this article, that employer may continue to offer that defined benefit formula instead of the defined benefit formula required by this article, and shall not be subject to the requirements of Section 7522.10 for pensionable compensation subject to that formula. However, if the employer adopts a new defined benefit formula on or after January 1, 2013, that formula must conform to the requirements of this article or must be determined and certified by the retirement system’s chief actuary and the retirement board to have no greater risk and no greater cost to the employer than the defined benefit formula required by this article and must be approved by the Legislature. New members of the defined benefit plan may only participate in the lower cost defined benefit formula that was in place before January 1, 2013, or a defined benefit formula that conforms to the requirements of this article or is approved by the Legislature as provided in this subdivision. (e) If a public employer, before January 1, 2013, offers a retirement benefit plan that consists solely of a defined contribution plan, that employer may continue to offer that plan instead of the defined benefit pension plan required by this article. However, if the employer adopts a new defined benefit pension plan or defined benefit formula on or after January 1, 2013, that plan or formula must conform to the requirements of this article or must be determined and certified by the retirement system’s chief actuary and the system’s board to have no greater risk and no greater cost to the employer than the defined benefit formula required by this article and must be approved by the Legislature. New members of the employer’s plan may only participate in the defined contribution plan that was in place before January 1, 2013, or a defined contribution plan or defined benefit formula that conforms to the requirements of this article. This subdivision shall not be construed to prohibit an employer from offering a defined contribution plan on or after January 1, 2013, either with or without a defined benefit plan, whether or not the employer offered a defined contribution plan prior to that date. (f) (1) If, on or after January 1, 2013, the Cities of Brea and Fullerton form a joint powers authority pursuant to the provisions of the Joint Exercise of Powers Act (Article 1 (commencing with Section 6500) of Chapter 5), that joint powers authority may provide employees the defined benefit plan or formula that those employees received from their respective employers prior to the exercise of a common power, to which the employee is associated, by the joint powers authority to any employee of the City of Brea, the City of Fullerton, or a city described in paragraph (2) who is not a new member and subsequently is employed by the joint powers authority within 180 days of the city providing for the exercise of a common power, to which the employee was associated, by the joint powers authority. (2) On or before January 1, 2017, a city in Orange County that is contiguous to the City of Brea or the City of Fullerton may join the joint powers authority described in paragraph (1) but not more than three cities shall be permitted to join. (3) The formation of a joint powers authority on or after January 1, 2013, shall not act in a manner as to exempt a new employee or a new member, as defined by Section 7522.04, from the requirements of this article. New members may only participate in a defined benefit plan or formula that conforms to the requirements of this article. (g) (1) If, on or after January 1, 2013, the Belmont Fire Protection District, the Estero Municipal Improvement District, and the City of San Mateo form a joint powers authority pursuant to the provisions of the Joint Exercise of Powers Act (Article 1 (commencing with Section 6500) of Chapter 5), that joint powers authority may provide employees the defined benefit plan or formula that those employees received from their respective employers prior to the exercise of a common power, to which the employee is associated, by the joint powers authority to any employee of the Belmont Fire Protection District, the Estero Municipal Improvement District, and the City of San Mateo who is not a new member and subsequently is employed by the joint powers authority within 180 days of the agency providing for the exercise of a common power, to which the employee was associated, by the joint powers authority. (2) The formation of a joint powers authority on or after January 1, 2013, shall not act in a manner as to exempt a new employee or a new member, as defined by Section 7522.04, from the requirements of this article. New members may only participate in a defined benefit plan or formula that conforms to the requirements of this article. (h) (1) On or after January 1, 2026, the Pajaro Regional Flood Management Agency, a joint powers authority formed pursuant to the provisions of the Joint Exercise of Powers Act (Chapter 5 (commencing with Section 6500)), may provide a defined benefit plan or formula pursuant to paragraph (2) to an employee of a member agency of the joint powers authority or of another public agency, as defined in Section 20056, who is not a new member and who is subsequently employed by the joint powers authority within 180 days of the effective date of the retirement plan contract amendment made pursuant to this section. (2) On or before April 1, 2026, the Pajaro Regional Flood Management Agency may select a defined benefit plan or formula offered by one of its member agencies prior to the exercise of a common power which the member agency offered to its employees on December 31, 2012, and designate that formula for its employees as specified in paragraph (1). (3) This subdivision does not exempt a new employee or a new member from the requirements of this article. New members may only participate in a defined benefit plan or formula that conforms to the requirements of this article. (i) The Judges’ Retirement System and the Judges’ Retirement System II shall not be required to adopt the defined benefit formula required by Section 7522.20 or 7522.25 or the compensation limitations defined in Section 7522.10. (j) This article shall not be construed to provide membership in any public retirement system for an individual who would not otherwise be eligible for membership under that system’s applicable rules or laws. (k) On and after January 1, 2013, each public retirement system shall modify its plan or plans to comply with the requirements of this article and may adopt regulations or resolutions for this purpose. (l) On and after January 1, 2024, a county and a trial court that separate their joint contract into individual contracts pursuant to Section 20471.2 may provide employees the defined benefit plan or formula that those employees received from their respective employers prior to the exercise of the option to separate, provided that the employee subsequently does not otherwise meet the definition of a new employee. (Amended by Stats. 2025, Ch. 756, Sec. 1.5. (SB 443) Effective January 1, 2026.)
  13. 7522.04.

    ## 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 4. California Public Employees’ Pension Reform Act of 2013 [7522 - 7522.76] ( Article 4 added by Stats. 2012, Ch. 296, Sec. 15. )

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    This section defines key pension terms used in the 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 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 4. California Public Employees’ Pension Reform Act of 2013 [7522 - 7522.76] ( Article 4 added by Stats. 2012, Ch. 296, Sec. 15. ) ## 7522.04. For the purposes of this article: (a) “Defined benefit formula” means a formula used by the retirement system to determine a retirement benefit based on age, years of service, and pensionable compensation earned by an employee up to the limit defined in Section 7522.10. (b) “Employee contributions” means the contributions to a public retirement system required to be paid by a member of the system, as fixed by law, regulation, administrative action, contract, contract amendment, or other written agreement recognized by the retirement system as establishing an employee contribution. (c) “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.). (d) “Member” means a public employee who is a member of any type of a public retirement system or plan. (e) “New employee” means either of the following: (1) An employee, including one who is elected or appointed, of a public employer who is employed for the first time by any public employer on or after January 1, 2013, and who was not employed by any other public employer prior to that date. (2) An employee, including one who is elected or appointed, of a public employer who is employed for the first time by any public employer on or after January 1, 2013, and who was employed by another public employer prior to that date, but who was not subject to reciprocity under subdivision (c) of Section 7522.02. (f) “New member” means any of the following: (1) An individual who becomes a member of any public retirement system for the first time on or after January 1, 2013, and who was not a member of any other public retirement system prior to that date. (2) An individual who becomes a member of a public retirement system for the first time on or after January 1, 2013, and who was a member of another public retirement system prior to that date, but who was not subject to reciprocity under subdivision (c) of Section 7522.02. (3) An individual who was an active member in a retirement system and who, after a break in service of more than six months, returned to active membership in that system with a new employer. For purposes of this subdivision, a change in employment between state entities or from one school employer to another shall not be considered as service with a new employer. (g) “Normal cost” means the portion of the present value of projected benefits under the defined benefit that is attributable to the current year of service, as determined by the public retirement system’s actuary according to the most recently completed valuation. For the purpose of determining normal cost, the system’s actuary may use a single rate of contribution or an age-based rate of contribution as is applicable to that retirement system. (h) “Public employee” means an officer, including one who is elected or appointed, or an employee of a public employer. (i) “Public employer” means: (1) The state and every state entity, including, but not limited to, the Legislature, the judicial branch, including judicial officers, and the California State University. (2) Any political subdivision of the state, or agency or instrumentality of the state or subdivision of the state, including, but not limited to, a city, county, city and county, a charter city, a charter county, school district, community college district, joint powers authority, joint powers agency, and any public agency, authority, board, commission, or district. (3) Any charter school that elects or is required to participate in a public retirement system. (j) “Public retirement system” means any pension or retirement system of a public employer, including, but not limited to, an independent retirement plan offered by a public employer that the public employer participates in or offers to its employees for the purpose of providing retirement benefits, or a system of benefits for public employees that is governed by Section 401(a) of Title 26 of the United States Code. (Amended by Stats. 2013, Ch. 528, Sec. 3. (SB 13) Effective October 4, 2013.)
  14. 7522.05.

    ## 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 4. California Public Employees’ Pension Reform Act of 2013 [7522 - 7522.76] ( Article 4 added by Stats. 2012, Ch. 296, Sec. 15. )

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    A joint powers authority in this situation may keep certain employees on their prior defined benefit plan or formula, but it cannot use its formation to exempt new hires or new members from pension reform requirements, and it must get retirement system approval before adding a new employer and enrolling employees.

    ## 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 4. California Public Employees’ Pension Reform Act of 2013 [7522 - 7522.76] ( Article 4 added by Stats. 2012, Ch. 296, Sec. 15. ) ## 7522.05. (a) A joint powers authority formed on or after January 1, 2013, and formed pursuant to the provisions of the Joint Exercise of Powers Act (Article 1 (commencing with Section 6500) of Chapter 5), where at least one member agency provided benefits on or before December 31, 2012, as described in subdivision (c) of Section 7522.02, may provide employees of that joint powers authority the defined benefit plan or formula that those employees received from their respective employers prior to the exercise of a common power where that employee was not a new member with that employer and subsequently is employed by the joint powers authority within 180 days of the member agency providing for the exercise of a common power or, if the member agency is a nonfounding member of the joint powers authority, within 180 days of the agency becoming a member agency. (b) The formation of a joint powers authority on or after January 1, 2013, shall not act in a manner as to exempt a new employee or a new member, as defined by Section 7522.04, hired by that joint powers authority from the requirements of the Public Employees’ Pension Reform Act of 2013. New members may only participate in a defined benefit plan or formula that conforms to the requirements of the Public Employees’ Pension Reform Act of 2013. (c) A joint powers authority shall obtain approval from a retirement system pursuant to procedures prescribed by the retirement system prior to adding a new employer to the joint powers authority and enrolling any of its employees into membership. (Amended by Stats. 2025, Ch. 756, Sec. 2. (SB 443) Effective January 1, 2026.)
  15. 7522.10.

    ## 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 4. California Public Employees’ Pension Reform Act of 2013 [7522 - 7522.76] ( Article 4 added by Stats. 2012, Ch. 296, Sec. 15. )

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    Public retirement systems must change their plans to follow this section, and public employers may not offer defined benefits on compensation above the stated limits.

    ## 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 4. California Public Employees’ Pension Reform Act of 2013 [7522 - 7522.76] ( Article 4 added by Stats. 2012, Ch. 296, Sec. 15. ) ## 7522.10. (a) On and after January 1, 2013, each public retirement system shall modify its plan or plans to comply with the requirements of this section for each public employer that participates in the system. (b) Whenever pensionable compensation, as defined in Section 7522.34, is used in the calculation of a benefit, the pensionable compensation shall be subject to the limitations set forth in subdivision (c). (c) The pensionable compensation used to calculate the defined benefit paid to a new member who retires from the system shall not exceed the following applicable percentage of the contribution and benefit base specified in Section 430(b) of Title 42 of the United States Code on January 1, 2013: (1) One hundred percent for a member whose service is included in the federal system. (2) One hundred twenty percent for a member whose service is not included in the federal system. (d) (1) The retirement system shall adjust the pensionable compensation described in subdivision (c) based on the annual changes to the Consumer Price Index for All Urban Consumers: U.S. City Average, calculated by dividing the Consumer Price Index for All Urban Consumers: U.S. City Average, for the month of September in the calendar year preceding the adjustment by the Consumer Price Index for All Urban Consumers: U.S. City Average, for the month of September of the previous year rounded to the nearest thousandth. The adjustment shall be effective annually on January 1, beginning in 2014. (2) The Legislature reserves the right to modify the requirements of this subdivision with regard to all public employees subject to this section, except that the Legislature may not modify these provisions in a manner that would result in a decrease in benefits accrued prior to the effective date of the modification. (e) A public employer shall not offer a defined benefit or any combination of defined benefits, including a defined benefit offered by a private provider, on compensation in excess of the limitation in subdivision (c). (f) (1) Subject to the limitation in subdivision (c) of Section 7522.42, a public employer may provide a contribution to a defined contribution plan for compensation in excess of the limitation in subdivision (c) provided the plan and the contribution meet the requirements and limits of federal law. (2) A public employee who receives an employer contribution to a defined contribution plan shall not have a vested right to continue receiving the employer contribution. (g) Any employer contributions to any employee defined contribution plan above the pensionable compensation limits in subdivision (c) shall not exceed the employer’s contribution rate, as a percentage of pay, required to fund the defined benefit plan for income subject to the limitation in subdivision (c) of Section 7522.42. (h) The retirement system shall limit the pensionable compensation used to calculate the contributions required of an employer or a new member to the amount of compensation that would be used for calculating a defined benefit as set forth in subdivision (c) or (d). (Amended by Stats. 2013, Ch. 528, Sec. 4. (SB 13) Effective October 4, 2013.)
  16. 7522.15.

    ## 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 4. California Public Employees’ Pension Reform Act of 2013 [7522 - 7522.76] ( Article 4 added by Stats. 2012, Ch. 296, Sec. 15. )

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    Public employers and public retirement systems offering defined benefit plans must offer only the defined benefit formulas set out in Sections 7522.20 and 7522.25 to new members, except as provided in Section 7522.02(d) and (e).

    ## 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 4. California Public Employees’ Pension Reform Act of 2013 [7522 - 7522.76] ( Article 4 added by Stats. 2012, Ch. 296, Sec. 15. ) ## 7522.15. Except as provided in subdivisions (d) and (e) of Section 7522.02, each public employer and each public retirement system that offers a defined benefit plan shall offer only the defined benefit formulas established pursuant to Sections 7522.20 and 7522.25 to new members. (Added by Stats. 2012, Ch. 296, Sec. 15. (AB 340) Effective January 1, 2013.)
  17. 7522.18.

    ## 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 4. California Public Employees’ Pension Reform Act of 2013 [7522 - 7522.76] ( Article 4 added by Stats. 2012, Ch. 296, Sec. 15. )

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    Public employers generally may not offer supplemental defined benefit plans after January 1, 2013, with limits on adding new employee groups and an education-code exception.

    ## 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 4. California Public Employees’ Pension Reform Act of 2013 [7522 - 7522.76] ( Article 4 added by Stats. 2012, Ch. 296, Sec. 15. ) ## 7522.18. (a) A public employer that does not offer a supplemental defined benefit plan before January 1, 2013, shall not offer a supplemental defined benefit plan for any employee on or after January 1, 2013. (b) A public employer that provides a supplemental defined benefit plan, including a defined benefit plan offered by a private provider, before January 1, 2013, shall not offer a supplemental defined benefit plan to any additional employee group to which the plan was not provided before January 1, 2013. (c) Except as provided in Chapter 38 (commencing with Section 25000) of Article 1 of Part 13 of Title 1 of the Education Code, a public employer shall not offer or provide a supplemental defined benefit plan, including a defined benefit plan offered by a private provider, to any employee hired on or after January 1, 2013. (Added by Stats. 2012, Ch. 296, Sec. 15. (AB 340) Effective January 1, 2013.)
  18. 7522.20.

    ## 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 4. California Public Employees’ Pension Reform Act of 2013 [7522 - 7522.76] ( Article 4 added by Stats. 2012, Ch. 296, Sec. 15. )

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    Retirement systems with defined benefit plans for nonsafety members must use the formula in this section, and a member may retire after five years of service and at age 52.

    ## 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 4. California Public Employees’ Pension Reform Act of 2013 [7522 - 7522.76] ( Article 4 added by Stats. 2012, Ch. 296, Sec. 15. ) ## 7522.20. (a) Each retirement system that offers a defined benefit plan for nonsafety members of the system shall use the formula prescribed by this section. The defined benefit plan shall provide a pension at retirement for service equal to the percentage of the member’s final compensation set forth opposite the member’s age at retirement, taken to the preceding quarter year, in the following table, multiplied by the number of years of service in the system as a nonsafety member. A member may retire for service under this section after five years of service and upon reaching 52 years of age. Age of RetirementFraction52 ........................ 1.000521/4 ........................ 1.025 521/2 ........................ 1.050 523/4 ........................ 1.075 53 ........................ ........................ 1.100 531/4 ........................ 1.125 531/2 ........................ 1.150 533/4 ........................ 1.175 54 ........................ 1.200 541/4 ........................ 1.225 541/2 ........................ 1.250 543/4 ........................ 1.275 55 ........................ 1.300 551/4 ........................ 1.325 551/2 ........................ 1.350 553/4 ........................ 1.375 56 ........................ 1.400 561/4 ........................ 1.425 561/2 ........................ 1.450 563/4 ........................ 1.475 57 ........................ 1.500 571/4 ........................ 1.525 571/2 ........................ 1.550 573/4 ........................ 1.575 58 ........................ 1.600 581/4 ........................ 1.625 581/2 ........................ 1.650 583/4 ........................ 1.675 59 ........................ 1.700 591/4 ........................ 1.725 591/2 ........................ 1.750 593/4 ........................ 1.775 60 ........................ 1.800 601/4 ........................ 1.825 601/2 ........................ 1.850 603/4 ........................ 1.875 61 ........................ 1.900 611/4 ........................ 1.925 611/2 ........................ 1.950 613/4 ........................ 1.975 62 ........................ 2.000 621/4 ........................ 2.025 621/2 ........................ 2.050 623/4 ........................ 2.075 63 ........................ 2.100 631/4 ........................ 2.125 631/2 ........................ 2.150 633/4 ........................ 2.175 64 ........................ 2.200 641/4 ........................ 2.225 641/2 ........................ 2.250 643/4 ........................ 2.275 65 ........................ 2.300 651/4 ........................ 2.325 651/2 ........................ 2.350 653/4 ........................ 2.375 66 ........................ 2.400 661/4 ........................ 2.425 661/2 ........................ 2.450 663/4 ........................ 2.475 67 ........................ 2.500 (b) Pensionable compensation used to calculate the defined benefit shall be limited as described in Section 7522.10. (c) A new member of the State Teachers’ Retirement System shall be subject to the formula established pursuant to Section 24202.6 of the Education Code. (Amended by Stats. 2013, Ch. 76, Sec. 74. (AB 383) Effective January 1, 2014.)
  19. 7522.25.

    ## 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 4. California Public Employees’ Pension Reform Act of 2013 [7522 - 7522.76] ( Article 4 added by Stats. 2012, Ch. 296, Sec. 15. )

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    Retirement systems and employers must use and offer specified safety member defined-benefit formulas, and employers are restricted in how they can change or impose lower plans.

    ## 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 4. California Public Employees’ Pension Reform Act of 2013 [7522 - 7522.76] ( Article 4 added by Stats. 2012, Ch. 296, Sec. 15. ) ## 7522.25. (a) Each retirement system that offers a defined benefit plan for safety members of the system shall use one or more of the defined benefit formulas prescribed by this section. A member may retire for service under any of the formulas in this section after five years of service and upon reaching 50 years of age. (b) The Basic Safety Plan shall provide a pension at retirement for service equal to the percentage of the member’s final compensation set forth opposite the member’s age at retirement, taken to the preceding quarter year, in the following table, multiplied by the number of years of service in the system as a safety member. Fraction Age at Retirement 50 ........................ 1.426 501/4 ........................ 1.447 501/2 ........................ 1.467 503/4 ........................ 1.488 51 ........................ 1.508 511/4 ........................ 1.529 511/2 ........................ 1.549 513/4 ........................ 1.570 52 ........................ 1.590 521/4 ........................ 1.611 521/2 ........................ 1.631 523/4 ........................ 1.652 53 ........................ 1.672 531/4 ........................ 1.693 531/2 ........................ 1.713 533/4 ........................ 1.734 54 ........................ 1.754 541/4 ........................ 1.775 541/2 ........................ 1.795 543/4 ........................ 1.816 55 ........................ 1.836 551/4 ........................ 1.857 551/2 ........................ 1.877 553/4 ........................ 1.898 56 ........................ 1.918 561/4 ........................ 1.939 561/2 ........................ 1.959 563/4 ........................ 1.980 57 and over ........................ 2.000 (c) The Safety Option Plan One shall provide a pension at retirement for service equal to the percentage of the member’s final compensation set forth opposite the member’s age at retirement, taken to the preceding quarter year, in the following table, multiplied by the number of years of service in the system as a safety member. Age at Retirement Fraction 50 ........................ 2.000 501/4 ........................ 2.018 501/2 ........................ 2.036 503/4 ........................ 2.054 51 ........................ 2.071 511/4 ........................ 2.089 511/2 ........................ 2.107 513/4 ........................ 2.125 52 ........................ 2.143 521/4 ........................ 2.161 521/2 ........................ 2.179 523/4 ........................ 2.196 53 ........................ 2.214 531/4 ........................ 2.232 531/2 ........................ 2.250 533/4 ........................ 2.268 54 ........................ 2.286 541/4 ........................ 2.304 541/2 ........................ 2.321 543/4 ........................ 2.339 55 ........................ 2.357 551/4 ........................ 2.375 551/2 ........................ 2.393 553/4 ........................ 2.411 56 ........................ 2.429 561/4 ........................ 2.446 561/2 ........................ 2.464 563/4 ........................ 2.482 57 and over ........................ 2.500 (d) The Safety Option Plan Two shall provide a pension at retirement for service equal to the percentage of the member’s final compensation set forth opposite the member’s age at retirement, taken to the preceding quarter year, in the following table, multiplied by the number of years of service in the system as a safety member. Fraction Age at Retirement 50 ........................ 2.000 501/4 ........................ 2.025 501/2 ........................ 2.050 503/4 ........................ 2.075 51 ........................ 2.100 511/4 ........................ 2.125 511/2 ........................ 2.150 513/4 ........................ 2.175 52 ........................ 2.200 521/4 ........................ 2.225 521/2 ........................ 2.250 523/4 ........................ 2.275 53 ........................ 2.300 531/4 ........................ 2.325 531/2 ........................ 2.350 533/4 ........................ 2.375 54 ........................ 2.400 541/4 ........................ 2.425 541/2 ........................ 2.450 543/4 ........................ 2.475 55 ........................ 2.500 551/4 ........................ 2.525 551/2 ........................ 2.550 553/4 ........................ 2.575 56 ........................ 2.600 561/4 ........................ 2.625 561/2 ........................ 2.650 563/4 ........................ 2.675 57 and over ........................ 2.700 (e) On and after January 1, 2013, an employer shall offer one or more of the safety formulas prescribed by this section to new members who are safety employees. The formula offered shall be the formula that is closest to, and provides a lower benefit at 55 years of age than, the formula provided to members in the same retirement classification offered by the employer on December 31, 2012. (f) On and after January 1, 2013, an employer and its employees subject to Safety Option Plan One or Safety Option Plan Two may agree in a memorandum of understanding to be subject to Safety Option Plan One or the Basic Safety Plan, subject to the following: (1) The lower plan shall apply to members first employed on or after the effective date of the lower plan, and shall be agreed to in a memorandum of understanding that has been collectively bargained in accordance with applicable laws. (2) A retirement plan contract amendment with a public retirement system to alter a retirement formula pursuant to this subdivision shall not be implemented by the employer in the absence of a memorandum of understanding that has been collectively bargained in accordance with applicable laws. (3) An employer shall not use impasse procedures to impose the lower plan. (4) An employer shall not provide a different defined benefit for nonrepresented, managerial, or supervisory employees than the employer provides for other public employees, including represented employees, of the same employer who are in the same membership classifications. (g) Pensionable compensation used to calculate the defined benefit shall be limited as described in Section 7522.10. (Amended by Stats. 2013, Ch. 528, Sec. 5. (SB 13) Effective October 4, 2013.)
  20. 7522.30.

    ## 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 4. California Public Employees’ Pension Reform Act of 2013 [7522 - 7522.76] ( Article 4 added by Stats. 2012, Ch. 296, Sec. 15. )

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    Public employers and certain new members must share normal pension costs, with employees paying at least 50%, subject to collective-bargaining exceptions and a limited contract-impairment delay.

    ## 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 4. California Public Employees’ Pension Reform Act of 2013 [7522 - 7522.76] ( Article 4 added by Stats. 2012, Ch. 296, Sec. 15. ) ## 7522.30. (a) This section shall apply to all public employers and to all new members. Equal sharing of normal costs between public employers and public employees shall be the standard. The standard shall be that employees pay at least 50 percent of normal costs and that employers not pay any of the required employee contribution. (b) The “normal cost rate” shall mean the annual actuarially determined normal cost for the plan of retirement benefits provided to the new member and shall be established based on the actuarial assumptions used to determine the liabilities and costs as part of the annual actuarial valuation. The plan of retirement benefits shall include any elements that would impact the actuarial determination of the normal cost, including, but not limited to, the retirement formula, eligibility and vesting criteria, ancillary benefit provisions, and any automatic cost-of-living adjustments as determined by the public retirement system. (c) New members employed by those public employers defined in paragraphs (2) and (3) of subdivision (i) of Section 7522.04, the Legislature, the California State University, and the judicial branch who participate in a defined benefit plan shall have an initial contribution rate of at least 50 percent of the normal cost rate for that defined benefit plan, rounded to the nearest quarter of 1 percent, unless a greater contribution rate has been agreed to pursuant to the requirements in subdivision (e). This contribution shall not be paid by the employer on the employee’s behalf. (d) Notwithstanding subdivision (c), once established, the employee contribution rate described in subdivision (c) shall not be adjusted on account of a change to the normal cost rate unless the normal cost rate increases or decreases by more than 1 percent of payroll above or below the normal cost rate in effect at the time the employee contribution rate is first established or, if later, the normal cost rate in effect at the time of the last adjustment to the employee contribution rate under this section. (e) Notwithstanding subdivision (c), employee contributions may be more than one-half of the normal cost rate if the increase has been agreed to through the collective bargaining process, subject to the following conditions: (1) The employer shall not contribute at a greater rate to the plan for nonrepresented, managerial, or supervisory employees than the employer contributes for other public employees, including represented employees, of the same employer who are in related retirement membership classifications. (2) The employer shall not increase an employee contribution rate in the absence of a memorandum of understanding that has been collectively bargained in accordance with applicable laws. (3) The employer shall not use impasse procedures to increase an employee contribution rate above the rate required by this section. (f) If the terms of a contract, including a memorandum of understanding, between a public employer and its public employees, that is in effect on January 1, 2013, would be impaired by any provision of this section, that provision shall not apply to the public employer and public employees subject to that contract until the expiration of that contract. A renewal, amendment, or any other extension of that contract shall be subject to the requirements of this section. (Amended by Stats. 2013, Ch. 528, Sec. 6. (SB 13) Effective October 4, 2013.)
  21. 7522.32.

    ## 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 4. California Public Employees’ Pension Reform Act of 2013 [7522 - 7522.76] ( Article 4 added by Stats. 2012, Ch. 296, Sec. 15. )

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    For retirement benefit calculations, “final compensation” means the member’s highest average annual pensionable pay over a qualifying 36-month or three-school-year period. An employer may not change a benefit plan to allow a lower calculation for covered members on or after January 1, 2013.

    ## 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 4. California Public Employees’ Pension Reform Act of 2013 [7522 - 7522.76] ( Article 4 added by Stats. 2012, Ch. 296, Sec. 15. ) ## 7522.32. For the purposes of determining a retirement benefit to be paid to a new member of a public retirement system, the following shall apply: (a) Final compensation shall mean the highest average annual pensionable compensation earned by the member during a period of at least 36 consecutive months, or at least three consecutive school years if applicable, immediately preceding his or her retirement or last separation from service if earlier, or during any other period of at least 36 consecutive months, or at least three consecutive school years if applicable, during the member’s applicable service that the member designates on the application for retirement. (b) On or after January 1, 2013, an employer shall not modify a benefit plan to permit a calculation of final compensation on a basis of less than the average annual compensation earned by the member during a consecutive 36-month period, or three school years if applicable, for members who have been subject to at least a 36-month or three-school-year calculation prior to that date. (Amended by Stats. 2013, Ch. 528, Sec. 7. (SB 13) Effective October 4, 2013.)
  22. 7522.34.

    ## 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 4. California Public Employees’ Pension Reform Act of 2013 [7522 - 7522.76] ( Article 4 added by Stats. 2012, Ch. 296, Sec. 15. )

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    This section defines “pensionable compensation” for a new member of a public retirement system and excludes several kinds of pay from that definition.

    ## 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 4. California Public Employees’ Pension Reform Act of 2013 [7522 - 7522.76] ( Article 4 added by Stats. 2012, Ch. 296, Sec. 15. ) ## 7522.34. (a) “Pensionable compensation” of a new member of any public retirement system means the normal monthly rate of pay or base pay of the member paid in cash to similarly situated members of the same group or class of employment for services rendered on a full-time basis during normal working hours, pursuant to publicly available pay schedules, subject to the limitations of subdivision (c). (b) Compensation that has been deferred shall be deemed pensionable compensation when earned rather than when paid. (c) Notwithstanding any other law, “pensionable compensation” of a new member does not include the following: (1) Any compensation determined by the board to have been paid to increase a member’s retirement benefit under that system. (2) Compensation that had previously been provided in kind to the member by the employer or paid directly by the employer to a third party other than the retirement system for the benefit of the member and which was converted to and received by the member in the form of a cash payment. (3) Any one-time or ad hoc payments made to a member. (4) Severance or any other payment that is granted or awarded to a member in connection with or in anticipation of a separation from employment, but is received by the member while employed. (5) Payments for unused vacation, annual leave, personal leave, sick leave, or compensatory time off, however denominated, whether paid in a lump sum or otherwise, regardless of when reported or paid. (6) Payments for additional services rendered outside of normal working hours, whether paid in a lump sum or otherwise. (7) Any employer-provided allowance, reimbursement, or payment, including, but not limited to, one made for housing, vehicle, or uniforms. (8) Compensation for overtime work, other than as defined in Section 207(k) of Title 29 of the United States Code. (9) Employer contributions to deferred compensation or defined contribution plans. (10) Any bonus paid in addition to the compensation described in subdivision (a). (11) Any other form of compensation a public retirement board determines is inconsistent with the requirements of subdivision (a). (12) Any other form of compensation a public retirement board determines should not be pensionable compensation. (13) (A) Any form of compensation identified that has been agreed to be nonpensionable pursuant to a memorandum of understanding for state employees bound by the memorandum of understanding. The state employer subject to the memorandum of understanding shall inform the retirement system of the excluded compensation and provide a copy of the memorandum of understanding. (B) The state employer may determine if excluded compensation identified in subparagraph (A) shall apply to nonrepresented state employees who are either excluded from the definition of state employee in Section 3513, or are nonelected officers or employees of the executive branch of government who are not members of the civil service and aligned with state employees subject to the memorandum of understanding described in subparagraph (A). The state employer shall inform the retirement system of the exclusion of this compensation and provide a copy of the public pay schedule detailing the exclusion. (d) Notwithstanding any other law, if a form of compensation is expressly designated as pensionable compensation for a new member pursuant to a memorandum of understanding for state employees, the memorandum of understanding shall be controlling as to that form of compensation without further legislative action, except that if the provisions of a memorandum of understanding require the expenditure of funds, those provisions shall not become effective unless approved by the Legislature in the annual Budget Act. This subdivision does not apply to any form of compensation that is excluded from the definition of pensionable compensation pursuant to paragraphs (1) through (9), inclusive, of subdivision (c). The state employer shall inform the retirement system of the inclusion of this form of compensation and provide a copy of the public pay schedule detailing the inclusion. (e) The state employer may determine if a form of compensation shall be designated as pensionable compensation for new members, who are nonrepresented state employees excluded from the definition of state employee in Section 3513, or are nonelected officers or employees of the executive branch of government who are not members of the civil service. This subdivision does not apply to any form of compensation that is excluded from the definition of pensionable compensation pursuant to paragraphs (1) through (9), inclusive, of subdivision (c). The state employer shall inform the retirement system of the inclusion of this form of compensation and provide a copy of the public pay schedule detailing the inclusion. (Amended by Stats. 2023, Ch. 197, Sec. 5. (SB 148) Effective September 13, 2023.)
  23. 7522.40.

    ## 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 4. California Public Employees’ Pension Reform Act of 2013 [7522 - 7522.76] ( Article 4 added by Stats. 2012, Ch. 296, Sec. 15. )

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    A public employer may not give certain public employees a better vesting schedule for employer-paid postretirement health benefits than the schedule generally available to other related employee groups.

    ## 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 4. California Public Employees’ Pension Reform Act of 2013 [7522 - 7522.76] ( Article 4 added by Stats. 2012, Ch. 296, Sec. 15. ) ## 7522.40. (a) A public employer shall not provide to a public employee who is elected or appointed, a trustee, excluded from collective bargaining, exempt from civil service, or a manager any vesting schedule for the employer contribution payable for postretirement health benefits that is more advantageous than that provided generally to other public employees, including represented employees, of the same public employer who are in related retirement membership classifications. (b) This section shall not require an employer to change the vesting schedule for the employer contribution payable for postretirement health benefits of any public employee who was subject to a specific vesting schedule pursuant to statute, collective bargaining agreement, or resolution for these employer contributions prior to January 1, 2013, or who had a contractual agreement with an employer prior to January 1, 2013, for a specific vesting schedule for these employer contributions. (Amended by Stats. 2013, Ch. 528, Sec. 9. (SB 13) Effective October 4, 2013.)
  24. 7522.42.

    ## 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 4. California Public Employees’ Pension Reform Act of 2013 [7522 - 7522.76] ( Article 4 added by Stats. 2012, Ch. 296, Sec. 15. )

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    Public employers must cap pension-related pay at the federal Section 401(a)(17) amount, may not seek an exception after January 1, 2013, and may not make certain employer contributions for employees first hired on or after that date.

    ## 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 4. California Public Employees’ Pension Reform Act of 2013 [7522 - 7522.76] ( Article 4 added by Stats. 2012, Ch. 296, Sec. 15. ) ## 7522.42. (a) In addition to any other benefit limitation prescribed by law, for the purposes of determining a public retirement benefit paid to a new member of a public retirement system, the maximum salary, compensation, or payrate taken into account under the plan for any year shall not exceed the amount permitted to be taken into account under Section 401(a)(17) of Title 26 of the United States Code or its successor. (b) A public employer shall not seek an exception to the prohibition in subdivision (a) on or after January 1, 2013. (c) For employees first hired on or after January 1, 2013, a public employer shall not make employer contributions to any qualified retirement plan or plans on behalf of an employee based on that portion of the amount of total pensionable compensation that exceeds the amount specified in Section 401(a)(17) of Title 26 of the United States Code, or its successor. (d) This section shall not apply to salary, compensation, or payrate paid to individuals who, due to their dates of hire, are not subject to the limits specified in subdivision (a). (Added by Stats. 2012, Ch. 296, Sec. 15. (AB 340) Effective January 1, 2013.)
  25. 7522.43.

    ## 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 4. California Public Employees’ Pension Reform Act of 2013 [7522 - 7522.76] ( Article 4 added by Stats. 2012, Ch. 296, Sec. 15. )

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    Public employers are barred from offering certain replacement benefit plans, with limited grandfathering for existing plans and existing employee groups.

    ## 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 4. California Public Employees’ Pension Reform Act of 2013 [7522 - 7522.76] ( Article 4 added by Stats. 2012, Ch. 296, Sec. 15. ) ## 7522.43. (a) A public employer shall not offer a plan of replacement benefits for members and any survivors or beneficiaries whose retirement benefits are limited by Section 415 of Title 26 of the United States Code. This section shall apply to new members. (b) A public retirement system may continue to administer a plan of replacement benefits for employees first hired prior to January 1, 2013. (c) A public employer that does not offer a plan of replacement benefits prior to January 1, 2013, shall not offer such a plan for any employee on or after January 1, 2013. (d) A public employer that offers a plan of replacement benefits prior to January 1, 2013, shall not offer such a plan to any additional employee group to which the plan was not provided prior to January 1, 2013. (Amended by Stats. 2013, Ch. 528, Sec. 10. (SB 13) Effective October 4, 2013.)
  26. 7522.44.

    ## 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 4. California Public Employees’ Pension Reform Act of 2013 [7522 - 7522.76] ( Article 4 added by Stats. 2012, Ch. 296, Sec. 15. )

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    This section limits certain retirement-benefit enhancements for public employees to service performed on or after the enhancement’s operative date, and it defines how the operative date is determined in collective bargaining agreements.

    ## 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 4. California Public Employees’ Pension Reform Act of 2013 [7522 - 7522.76] ( Article 4 added by Stats. 2012, Ch. 296, Sec. 15. ) ## 7522.44. This section shall apply to all public employers and to all public employees: (a) Any enhancement to a public employee’s retirement formula or retirement benefit adopted on or after January 1, 2013, shall apply only to service performed on or after the operative date of the enhancement and shall not be applied to any service performed prior to the operative date of the enhancement. (b) If a change to a member’s retirement membership classification or a change in employment results in an enhancement in the retirement formula or retirement benefit applicable to that member, that enhancement shall apply only to service performed on or after the operative date of the change and shall not be applied to any service performed prior to the operative date of the change. (c) For purposes of this section, “operative date” in a collective bargaining agreement means one of the following: (1) The date that the agreement is signed by the parties. (2) A date agreed to by the parties that will occur after the date that the agreement is signed by the parties. (3) A date designated by the parties that occurred prior to the date the agreement was signed if the most recent collective bargaining contract was expired at the time of the agreement and the date designated is not earlier than 12 months prior to the date of the agreement or the day after the last day of the expired bargaining contract, whichever occurred later. (d) For purposes of this section, an increase to a retiree’s annual cost-of-living adjustment within existing statutory limits shall not be considered to be an enhancement to a retirement benefit. (Added by Stats. 2012, Ch. 296, Sec. 15. (AB 340) Effective January 1, 2013.)
  27. 7522.46.

    ## 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 4. California Public Employees’ Pension Reform Act of 2013 [7522 - 7522.76] ( Article 4 added by Stats. 2012, Ch. 296, Sec. 15. )

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    A public retirement system must not allow purchases of nonqualified service credit, except for certain official applications received before January 1, 2013 and later approved.

    ## 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 4. California Public Employees’ Pension Reform Act of 2013 [7522 - 7522.76] ( Article 4 added by Stats. 2012, Ch. 296, Sec. 15. ) ## 7522.46. (a) A public retirement system shall not allow the purchase of nonqualified service credit, as defined by Section 415(n)(3)(C) of the Internal Revenue Code of 1986 (26 U.S.C. Sec. 415(n)(3)(C)). (b) Subdivision (a) shall not apply to an official application to purchase nonqualified service credit that is received by the public retirement system prior to January 1, 2013, that is subsequently approved by the system. (Added by Stats. 2012, Ch. 296, Sec. 15. (AB 340) Effective January 1, 2013.)
  28. 7522.48.

    ## 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 4. California Public Employees’ Pension Reform Act of 2013 [7522 - 7522.76] ( Article 4 added by Stats. 2012, Ch. 296, Sec. 15. )

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    This section sets how a member’s final compensation is calculated for pension or benefit purposes for certain city council or county board of supervisors service.

    ## 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 4. California Public Employees’ Pension Reform Act of 2013 [7522 - 7522.76] ( Article 4 added by Stats. 2012, Ch. 296, Sec. 15. ) ## 7522.48. (a) Final compensation of a member for the purpose of determining any pension or benefit resulting from service as an elective or appointed officer on a city council or a county board of supervisors accrued while in membership of a public retirement system shall be based on the highest average annual pensionable compensation earned by the member during the period of service in each elective or appointed office. Where that elective or appointed service is a consideration in the computation of any pension or benefit, the member may have more than one final compensation. (b) Any final compensation calculation shall otherwise be subject to this article except that if any individual period of elective service is less than 36 months or three years, then the entire period of that individual’s elected service shall be used to determine the final compensation for that period of service. (c) This section shall apply to a member first elected or appointed to a city council or a county board of supervisors on or after January 1, 2013. (Added by Stats. 2012, Ch. 296, Sec. 15. (AB 340) Effective January 1, 2013.)
  29. 7522.52.

    ## 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 4. California Public Employees’ Pension Reform Act of 2013 [7522 - 7522.76] ( Article 4 added by Stats. 2012, Ch. 296, Sec. 15. )

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    A public employer must make defined-benefit plan contributions, together with employee contributions, that are at least the plan’s normal cost rate for the fiscal year. A public retirement system board may suspend contributions if specific funding, tax-status, and fiduciary 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 4. California Public Employees’ Pension Reform Act of 2013 [7522 - 7522.76] ( Article 4 added by Stats. 2012, Ch. 296, Sec. 15. ) ## 7522.52. (a) In any fiscal year, a public employer’s contribution to a defined benefit plan, in combination with employee contributions to that defined benefit plan, shall not be less than the normal cost rate, as defined in Section 7522.30, for that defined benefit plan for that fiscal year. (b) The board of a public retirement system may suspend contributions when all of the following apply: (1) The plan is funded by more than 120 percent, based on a computation by the retirement system actuary in accordance with the Governmental Accounting Standards Board requirements that is included in the annual valuation. (2) The retirement system actuary, based on the annual valuation, determines that continuing to accrue excess earnings could result in disqualification of the plan’s tax-exempt status under the provisions of the federal Internal Revenue Code. (3) The board determines that the receipt of any additional contributions required under this section would conflict with its fiduciary responsibility set forth in Section 17 of Article XVI of the California Constitution. (Added by Stats. 2012, Ch. 296, Sec. 15. (AB 340) Effective January 1, 2013.)
  30. 7522.57.

    ## 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 4. California Public Employees’ Pension Reform Act of 2013 [7522 - 7522.76] ( Article 4 added by Stats. 2012, Ch. 296, Sec. 15. )

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    This section limits how certain retired public employees may serve on state boards or commissions without affecting retirement benefits.

    ## 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 4. California Public Employees’ Pension Reform Act of 2013 [7522 - 7522.76] ( Article 4 added by Stats. 2012, Ch. 296, Sec. 15. ) ## 7522.57. (a) This section shall apply to any retired person who is receiving a pension benefit from a public retirement system and is first appointed on or after January 1, 2013, to a salaried position on a state board or commission. This section shall supersede any other provision in conflict with this section. (b) A person who is retired from a public retirement system may serve without reinstatement from retirement or loss or interruption of benefits provided that appointment is to a part-time state board or commission. A retired person whose employment without reinstatement is authorized by this subdivision shall acquire no benefits, service credit, or retirement rights with respect to the employment. Unless otherwise defined in statute, for the purpose of this section, a part-time appointment shall mean an appointment with a salary of no more than $60,000 annually, which shall be increased in any fiscal year in which a general salary increase is provided for state employees. The amount of the increase provided by this section shall be comparable to, but shall not exceed, the percentage of the general salary increases provided for state employees during that fiscal year. (c) A person who is retired from the Public Employees’ Retirement System shall not serve on a full-time basis on a state board or commission without reinstatement unless that person serves as a nonsalaried member of the board or commission and receives only per diem authorized to all members of the board or commission. A person who serves as a nonsalaried member of a board or commission shall not earn any service credit or benefits in the Public Employees’ Retirement System or make contributions with respect to the service performed. (d) A person retired from a public retirement system other than the Public Employees’ Retirement System who is appointed on a full-time basis to a state board or commission shall choose one of the following options: (1) The person may serve as a nonsalaried member of the board or commission and continue to receive his or her retirement allowance, in addition to any per diem authorized to all members of the board or commission. The person shall not earn service credit or benefits in the Public Employees’ Retirement System and shall not make contributions with respect to the service performed. (2) (A) The person may suspend his or her retirement allowance or allowances and instate as a new member of the Public Employees’ Retirement System for the service performed on the board or commission. The pensionable compensation earned pursuant to this paragraph shall not be eligible for reciprocity with any other retirement system or plan. (B) Upon retiring for service after serving on the board or commission, the appointee shall be entitled to reinstatement of any suspended benefits, including employer provided retiree health benefits, that he or she was entitled to at the time of being appointed to the board or commission. (e) Notwithstanding subdivisions (c) and (d), a person who retires from a public employer may serve without reinstatement from retirement or loss or interruption of benefits provided by the retirement system upon appointment to a full-time state board pursuant to Section 5075 of the Penal Code or Section 1718 of the Welfare and Institutions Code. (Amended by Stats. 2016, Ch. 33, Sec. 4. (SB 843) Effective June 27, 2016.)
  31. 7522.70.

    ## 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 4. California Public Employees’ Pension Reform Act of 2013 [7522 - 7522.76] ( Article 4 added by Stats. 2012, Ch. 296, Sec. 15. )

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    Certain elected public officers lose pension rights and membership if convicted of specified felonies tied to official duties, unless an employer’s governing body authorizes 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 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 4. California Public Employees’ Pension Reform Act of 2013 [7522 - 7522.76] ( Article 4 added by Stats. 2012, Ch. 296, Sec. 15. ) ## 7522.70. (a) This section shall apply to any elected public officer who takes public office, or is reelected to public office, on or after January 1, 2006. (b) If an elected public officer is convicted during or after holding office of any felony involving accepting or giving, or offering to give, any bribe, the embezzlement of public money, extortion or theft of public money, perjury, or conspiracy to commit any of those crimes arising directly out of his or her official duties as an elected public officer, he or she shall forfeit all rights and benefits under, and membership in, any public retirement system in which he or she is a member, effective on the date of final conviction. (c) (1) The elected public officer described in subdivision (b) shall forfeit only that portion of his or her rights and benefits that accrued on or after January 1, 2006, on account of his or her service in the elected public office held when the felony occurred. (2) Paragraph (1) shall apply to the extent permissible by law. (d) Any contributions made by the elected public officer described in subdivision (b) to the public retirement system that arose directly from or accrued solely as a result of his or her forfeited service as an elected public officer shall be returned, without interest, to the public officer. (e) The public agency that employs an elected public officer described in subdivision (b) shall notify the public retirement system in which the officer is a member of the officer’s conviction. (f) An elected public officer shall not forfeit his or her rights and benefits pursuant to subdivision (b) if the governing body of the elected public officer’s employer, including, but not limited to, the governing body of a city, county, or city and county, authorizes the public officer to receive those rights and benefits. (g) For purposes of this section, “public officer” means an officer of the state, or an officer of a county, city, city and county, district, or authority, or any department, division, bureau, board, commission, agency, or instrumentality of any of these entities. (h) This section applies to any person appointed to service for the period of an elected public officer’s unexpired term of office. (i) On and after January 1, 2013, this section shall not apply in any instance in which Section 7522.72 or 7522.74 applies. (Amended by Stats. 2014, Ch. 238, Sec. 2. (AB 2476) Effective January 1, 2015.)
  32. 7522.72.

    ## 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 4. California Public Employees’ Pension Reform Act of 2013 [7522 - 7522.76] ( Article 4 added by Stats. 2012, Ch. 296, Sec. 15. )

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    This section requires forfeiture of public retirement benefits for certain public employees convicted of specified felonies, and it sets notification and repayment 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 4. California Public Employees’ Pension Reform Act of 2013 [7522 - 7522.76] ( Article 4 added by Stats. 2012, Ch. 296, Sec. 15. ) ## 7522.72. (a) This section shall apply to a public employee first employed by a public employer or first elected or appointed to an office before January 1, 2013, and, on and after that date, Section 7522.70 shall not apply. (b) (1) If a public employee is convicted by a state or federal trial court of any felony under state or federal law for conduct arising out of or in the performance of his or her official duties, in pursuit of the office or appointment, or in connection with obtaining salary, disability retirement, service retirement, or other benefits, he or she shall forfeit all accrued rights and benefits in any public retirement system in which he or she is a member to the extent provided in subdivision (c) and shall not accrue further benefits in that public retirement system, effective on the date of the conviction. (2) If a public employee who has contact with children as part of his or her official duties is convicted of a felony that was committed within the scope of his or her official duties against or involving a child who he or she has contact with as part of his or her official duties, he or she shall forfeit all accrued rights and benefits in any public retirement system in which he or she is a member to the extent provided in subdivision (c) and shall not accrue further benefits in that public retirement system, effective on the date of the conviction. (c) (1) A member shall forfeit all the rights and benefits earned or accrued from the earliest date of the commission of any felony described in subdivision (b) to the forfeiture date, inclusive. The rights and benefits shall remain forfeited notwithstanding any reduction in sentence or expungement of the conviction following the date of the member’s conviction. Rights and benefits attributable to service performed prior to the date of the first commission of the felony for which the member was convicted shall not be forfeited as a result of this section. (2) Paragraph (1) shall apply to the extent permissible by law. (3) For purposes of this subdivision, “forfeiture date” means the date of the conviction. (d) (1) Any contributions to the public retirement system made by the public employee described in subdivision (b) on or after the earliest date of the commission of any felony described in subdivision (b) shall be returned, without interest, to the public employee upon the occurrence of a distribution event unless otherwise ordered by a court or determined by the pension administrator. (2) Any funds returned to the public employee pursuant to subdivision (d) shall be disbursed by electronic funds transfer to an account of the public employee, in a manner conforming with the requirements of the Internal Revenue Code, and the public retirement system shall notify the court and the district attorney at least three business days before that disbursement of funds. (3) For the purposes of this subdivision, a “distribution event” means any of the following: (A) Separation from employment. (B) Death of the member. (C) Retirement of the member. (e) (1) Upon conviction, a public employee as described in subdivision (b) and the prosecuting agency shall notify the public employer who employed the public employee at the time of the commission of the felony within 60 days of the felony conviction of all of the following information: (A) The date of conviction. (B) The date of the first known commission of the felony. (2) The operation of this section is not dependent upon the performance of the notification obligations specified in this subdivision. (f) The public employer that employs or employed a public employee described in subdivision (b) and that public employee shall each notify the public retirement system in which the public employee is a member of that public employee’s conviction within 90 days of the conviction. The operation of this section is not dependent upon the performance of the notification obligations specified in this subdivision. (g) A public retirement system may assess a public employer a reasonable amount to reimburse the cost of audit, adjustment, or correction, if it determines that the public employer failed to comply with this section. (h) If a public employee’s conviction is reversed and that decision is final, the employee shall be entitled to do either of the following: (1) Recover the forfeited rights and benefits as adjusted for the contributions received pursuant to subdivision (d). (2) Redeposit those contributions and interest that would have accrued during the forfeiture period, as determined by the system actuary, and then recover the full amount of the forfeited rights and benefits. (i) The forfeiture of rights and benefits provided in this section, with respect to judges, are in addition to and supplement the forfeitures and other requirements provided in Section 75033.2, 75062, 75526, or 75563. If there is a conflict between this section and Section 75033.2, 75062, 75526, or 75563, the provisions that result in the greatest forfeiture or provide the most stringent procedural requirements to the claim of a judge shall apply. (j) A public employee first employed by a public employer or first elected or appointed to an office on or after January 1, 2013, shall be subject to Section 7522.74. (Amended by Stats. 2014, Ch. 238, Sec. 3. (AB 2476) Effective January 1, 2015.)
  33. 7522.74.

    ## 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 4. California Public Employees’ Pension Reform Act of 2013 [7522 - 7522.76] ( Article 4 added by Stats. 2012, Ch. 296, Sec. 15. )

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    This section requires notice and benefit-forfeiture steps when certain public employees are convicted of specified felonies, and it lets a retirement system assess reimbursement if an employer fails to comply.

    ## 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 4. California Public Employees’ Pension Reform Act of 2013 [7522 - 7522.76] ( Article 4 added by Stats. 2012, Ch. 296, Sec. 15. ) ## 7522.74. (a) This section shall apply to a public employee first employed by a public employer or first elected or appointed to an office on or after January 1, 2013, and on and after that date, Section 7522.70 shall not apply. (b) (1) If a public employee is convicted by a state or federal trial court of any felony under state or federal law for conduct arising out of or in the performance of his or her official duties, in pursuit of the office or appointment, or in connection with obtaining salary, disability retirement, service retirement, or other benefits, he or she shall forfeit all accrued rights and benefits in any public retirement system in which he or she is a member to the extent provided in subdivision (c) and shall not accrue further benefits in that public retirement system, effective on the date of the conviction. (2) If a public employee who has contact with children as part of his or her official duties is convicted of a felony that was committed within the scope of his or her official duties against or involving a child who he or she has contact with as part of his or her official duties, he or she shall forfeit all accrued rights and benefits in any public retirement system in which he or she is a member to the extent provided in subdivision (c) and shall not accrue further benefits in that public retirement system, effective on the date of the conviction. (c) (1) A member shall forfeit all the rights and benefits earned or accrued from the earliest date of the commission of any felony described in subdivision (b) to the forfeiture date, inclusive. The rights and benefits shall remain forfeited notwithstanding any reduction in sentence or expungement of the conviction following the date of the member’s conviction. Rights and benefits attributable to service performed prior to the date of the first commission of the felony for which the member was convicted shall not be forfeited as a result of this section. (2) Paragraph (1) shall apply to the extent permissible by law. (3) For purposes of this subdivision, “forfeiture date” means the date of the conviction. (d) (1) Any contributions to the public retirement system made by the public employee described in subdivision (b) on or after the earliest date of the commission of any felony described in subdivision (b) shall be returned, without interest, to the public employee upon the occurrence of a distribution event unless otherwise ordered by a court or determined by the pension administrator. (2) Any funds returned to the public employee pursuant to subdivision (d) shall be disbursed by electronic funds transfer to an account of the public employee, in a manner conforming with the requirements of the Internal Revenue Code, and the public retirement system shall notify the court and the district attorney at least three business days before that disbursement of funds. (3) For the purposes of this subdivision, a “distribution event” means any of the following: (A) Separation from employment. (B) Death of the member. (C) Retirement of the member. (e) (1) Upon conviction, a public employee as described in subdivision (b) and the prosecuting agency shall notify the public employer who employed the public employee at the time of the commission of the felony within 60 days of the felony conviction of all of the following information: (A) The date of conviction. (B) The date of the first known commission of the felony. (2) The operation of this section is not dependent upon the performance of the notification obligations specified in this subdivision. (f) The public employer that employs or employed a public employee described in subdivision (b) and that public employee shall each notify the public retirement system in which the public employee is a member of that public employee’s conviction within 90 days of the conviction. The operation of this section is not dependent upon the performance of the notification obligations specified in this subdivision. (g) A public retirement system may assess a public employer a reasonable amount to reimburse the cost of audit, adjustment, or correction, if it determines that the public employer failed to comply with this section. (h) If a public employee’s conviction is reversed and that decision is final, the employee shall be entitled to do either of the following: (1) Recover the forfeited rights and benefits as adjusted for the contributions received pursuant to subdivision (d). (2) Redeposit those contributions and interest that would have accrued during the forfeiture period, as determined by the system actuary, and then recover the full amount of the forfeited rights and benefits. (i) The forfeiture of rights and benefits provided in this section, with respect to judges, are in addition to and supplement the forfeitures and other requirements provided in Section 75033.2, 75062, 75526, or 75563. If there is a conflict between this section and Section 75033.2, 75062, 75526, or 75563, the provisions that result in the greatest forfeiture or provide the most stringent procedural requirements to the claim of a judge shall apply. (j) A public employee first employed by a public employer or first elected or appointed to an office before January 1, 2013, shall be subject to Section 7522.72. (Amended by Stats. 2014, Ch. 238, Sec. 4. (AB 2476) Effective January 1, 2015.)
  34. 7522.76.

    ## 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 4. California Public Employees’ Pension Reform Act of 2013 [7522 - 7522.76] ( Article 4 added by Stats. 2012, Ch. 296, Sec. 15. )

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    A public employer must keep investigating a retiring employee if the investigation suggests a crime, and must refer the matter to law enforcement; if the employee is later convicted of a felony for the described conduct, the employee forfeits accrued public retirement rights and benefits.

    ## 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 4. California Public Employees’ Pension Reform Act of 2013 [7522 - 7522.76] ( Article 4 added by Stats. 2012, Ch. 296, Sec. 15. ) ## 7522.76. (a) If a public employee, as defined in subdivision (h) of Section 7522.04, retires while under investigation by a public employer for misconduct arising out of or in the performance of the public employee’s official duties, in pursuit of the office or appointment, or in connection with obtaining salary, disability retirement, service retirement, or other benefits, the public employer shall continue the investigation even after the employee retires if the public employer’s investigation indicates that the public employee may have committed a crime. (b) If the public employer’s investigation indicates that a public employee may have committed a crime, the public employer shall refer the matter to the appropriate law enforcement agency and the public employer may then close the investigation. If the public employee is convicted of a felony for any conduct described in subdivision (a), the public employee shall forfeit all accrued rights and benefits in any public retirement system in which the employee is a member in accordance with Section 7522.70, 7522.72, or 7522.74, as applicable, effective on the date of the conviction. (Added by Stats. 2025, Ch. 388, Sec. 1. (AB 1067) Effective January 1, 2026.)
  35. 7525.

    ## 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 22. Letters and Correspondence [7525 - 7527] ( Heading of Chapter 22 renumbered from Chapter 20 (as added by Stats. 1976, Ch. 1079) by Stats. 1977, Ch. 579. )

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    Official stationery used to communicate with the public must include the entity’s telephone number.

    ## 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 22. Letters and Correspondence [7525 - 7527] ( Heading of Chapter 22 renumbered from Chapter 20 (as added by Stats. 1976, Ch. 1079) by Stats. 1977, Ch. 579. ) ## 7525. The letterhead or other prominent location on official stationery of each state agency, and county, city, including, but not limited to, a chartered city, and each school district, municipal corporation, district, political subdivision, and board, commission, and agency thereof, and every other local public agency, used in communication with the public, shall include the telephone number of such entity. The telephone number may be typed or handwritten on the letterhead or other prominent location. (Added by Stats. 1976, Ch. 1079.)
  36. 7526.

    ## 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 22. Letters and Correspondence [7525 - 7527] ( Heading of Chapter 22 renumbered from Chapter 20 (as added by Stats. 1976, Ch. 1079) by Stats. 1977, Ch. 579. )

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    Certain public agencies must put an address and telephone number on official stationery used to communicate with the public.

    ## 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 22. Letters and Correspondence [7525 - 7527] ( Heading of Chapter 22 renumbered from Chapter 20 (as added by Stats. 1976, Ch. 1079) by Stats. 1977, Ch. 579. ) ## 7526. In addition to the requirements of Section 7525, the letterhead or other prominent location on official stationery of each state agency, and county, city, including, but not limited to, a chartered city, and each school district, municipal corporation, district, political subdivision, and board, commission, and agency thereof, and every other local public agency, used in communication with the public shall include, in addition to the telephone number of the agency, the address and telephone number, if different from the telephone number of the agency otherwise required to appear thereon, to which inquiry regarding the subject matter of the specific communication may be made. The address and telephone number may be typed or handwritten on the letterhead or other prominent location. (Added by renumbering Section 7801 by Stats. 1977, Ch. 579.)
  37. 7527.

    ## 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 22. Letters and Correspondence [7525 - 7527] ( Heading of Chapter 22 renumbered from Chapter 20 (as added by Stats. 1976, Ch. 1079) by Stats. 1977, Ch. 579. )

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    State agencies must identify the writer or contact person in letters, and computer-generated letters must also include a telephone number and address.

    ## 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 22. Letters and Correspondence [7525 - 7527] ( Heading of Chapter 22 renumbered from Chapter 20 (as added by Stats. 1976, Ch. 1079) by Stats. 1977, Ch. 579. ) ## 7527. Every letter to any person from a state agency shall be signed by, or contain the name of, the writer, authorized representative, or contact person familiar with the subject area. In the case of computer-generated letters, a telephone number and an address where a person familiar with the subject area may be contacted shall be given. (Added by Stats. 1983, Ch. 511, Sec. 1.)
  38. 7530.

    ## 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 23. Public Agency Name Reform [7530- 7530.] ( Chapter 23 added by Stats. 1979, Ch. 627. )

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    Public agencies and similar local entities must identify themselves with the appropriate public name, and their letterhead or ID cards may satisfy that requirement under specified wording. A written claim-leave application must be granted if the claimant acted diligently and reasonably thought the entity was not a public agency because of its representations.

    ## 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 23. Public Agency Name Reform [7530- 7530.] ( Chapter 23 added by Stats. 1979, Ch. 627. ) ## 7530. All public agencies, public entities, districts, cities, counties, and cities and counties shall, when being identified by such entity for any purpose, be identified as a public agency, public entity, district, city, county, or city and county, whichever is appropriate. The requirements of this section shall be deemed satisfied if the words “state,” “public agency,” “public entity,” “district,” “city,” “county,” or “city and county,” whichever is appropriate, appears on all letterhead stationery of such public agency, public entity, district, city, county, or city and county, and on all identification cards used to identify a representative of a public agency, public entity, district, city, county, or city and county; provided, that this chapter is not intended to require the reprinting of letterhead stationery or identification cards and any public agency, public entity, district, city, county, or city and county shall have one year from the effective date of this chapter to use up old letterhead stationery and identification cards. The use by a school district of the name “____ City Schools” shall satisfy the requirements of this section. Notwithstanding any other provision of law, a written application for leave to present a claim pursuant to Section 911.4 shall be granted when it can be shown that the claimant acted with reasonable diligence in pursuing the claim and reasonably believed that the responsible entity was not a public agency by reason of its representations. (Amended by Stats. 1980, Ch. 1059. Effective September 26, 1980.)
  39. 7550.

    ## 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 24. Documents and Written Reports [7550 - 7550.6] ( Heading of Chapter 24 renumbered from Chapter 23 (as added by Stats. 1979, Ch. 486) by Stats. 1980, Ch. 676. )

    Verify source ↗

    Documents or written reports prepared for a state or local agency must list the numbers and dollar amounts of related contracts and subcontracts when nonemployee work costs exceed $5,000.

    ## 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 24. Documents and Written Reports [7550 - 7550.6] ( Heading of Chapter 24 renumbered from Chapter 23 (as added by Stats. 1979, Ch. 486) by Stats. 1980, Ch. 676. ) ## 7550. (a) Any document or written report prepared for or under the direction of a state or local agency, that is prepared in whole or in part by nonemployees of the agency, shall contain the numbers and dollar amounts of all contracts and subcontracts relating to the preparation of the document or written report; if the total cost for the work performed by nonemployees of the agency exceeds five thousand dollars ($5,000). The contract and subcontract numbers and dollar amounts shall be contained in a separate section of the document or written report. (b) When multiple documents or written reports are the subject or product of the contract, the disclosure section may also contain a statement indicating that the total contract amount represents compensation for multiple documents or written reports. (Amended by Stats. 2002, Ch. 370, Sec. 1. Effective January 1, 2003.)
  40. 7550.1.

    ## 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 24. Documents and Written Reports [7550 - 7550.6] ( Heading of Chapter 24 renumbered from Chapter 23 (as added by Stats. 1979, Ch. 486) by Stats. 1980, Ch. 676. )

    Verify source ↗

    A state agency must consider cost-saving options when preparing a report.

    ## 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 24. Documents and Written Reports [7550 - 7550.6] ( Heading of Chapter 24 renumbered from Chapter 23 (as added by Stats. 1979, Ch. 486) by Stats. 1980, Ch. 676. ) ## 7550.1. In an effort to reduce the cost of preparing state reports, a state agency shall, when preparing a report, consider cost reduction options, including, but not limited to, using unnecessary and expensive color graphics, color photographs, bindings, and paper. (Added by Stats. 2002, Ch. 370, Sec. 2. Effective January 1, 2003.)
  41. 7550.6.

    ## 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 24. Documents and Written Reports [7550 - 7550.6] ( Heading of Chapter 24 renumbered from Chapter 23 (as added by Stats. 1979, Ch. 486) by Stats. 1980, Ch. 676. )

    Verify source ↗

    Until June 30, 1995, a local educational agency did not have to prepare or submit certain written reports.

    ## 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 24. Documents and Written Reports [7550 - 7550.6] ( Heading of Chapter 24 renumbered from Chapter 23 (as added by Stats. 1979, Ch. 486) by Stats. 1980, Ch. 676. ) ## 7550.6. Notwithstanding any other provision of law, until June 30, 1995, no local educational agency shall be required to prepare or to submit any written report pursuant to Chapter 1.2 (commencing with Section 628) of Title 15 of Part 1 of the Penal Code. (Added by Stats. 1994, Ch. 153, Sec. 13. Effective July 11, 1994.)
  42. 75500.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 1. General Provisions [75500 - 75508] ( Article 1 added by Stats. 1994, Ch. 879, Sec. 11. )

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    This chapter is known and may be cited as the Judges’ Retirement System II Law.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 1. General Provisions [75500 - 75508] ( Article 1 added by Stats. 1994, Ch. 879, Sec. 11. ) ## 75500. (a) This chapter shall be known and may be cited as the Judges’ Retirement System II Law. (b) Chapter 11 (commencing with Section 75000) shall not apply to this chapter and shall not apply to judges, as defined in Section 75502. (Added by Stats. 1994, Ch. 879, Sec. 11. Effective September 27, 1994. Operative November 9, 1994, by Sec. 16 of Ch. 879.)
  43. 75501.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 1. General Provisions [75500 - 75508] ( Article 1 added by Stats. 1994, Ch. 879, Sec. 11. )

    Verify source ↗

    Unless the context otherwise requires, the article’s definitions and general provisions control how this chapter is interpreted.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 1. General Provisions [75500 - 75508] ( Article 1 added by Stats. 1994, Ch. 879, Sec. 11. ) ## 75501. Unless the context otherwise requires, the definitions and general provisions set forth in this article govern the construction of this chapter. (Added by Stats. 1994, Ch. 879, Sec. 11. Effective September 27, 1994. Operative November 9, 1994, by Sec. 16 of Ch. 879.)
  44. 75502.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 1. General Provisions [75500 - 75508] ( Article 1 added by Stats. 1994, Ch. 879, Sec. 11. )

    Verify source ↗

    This section defines key terms for the Judges’ Retirement System II and says who may not be a member.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 1. General Provisions [75500 - 75508] ( Article 1 added by Stats. 1994, Ch. 879, Sec. 11. ) ## 75502. (a) “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 who is first elected or appointed to judicial office on or after November 9, 1994, and is not a member of the Judges’ Retirement System pursuant to Chapter 11 (commencing with Section 75000). A retired judge does not acquire status as a judge for the purposes of this chapter by reason of designation as a temporary judge of, or assignment by the Chairperson of the Judicial Council to, any of these courts. A former member of the Judges’ Retirement System under Section 75002 who withdrew the member’s contributions upon leaving office, and who takes judicial office on or after November 9, 1994, becomes a member of the system existing under Chapter 11 (commencing with Section 75000) and does not become a member of the Judges’ Retirement System II. No person shall be a member of the Judges’ Retirement System II who is or ever has been a member of the Judges’ Retirement System pursuant to Chapter 11 (commencing with Section 75000). (b) “System” means the Judges’ Retirement System II established by this chapter. (c) “Service” means the period of time a judge received a salary and made contributions to the system by reason of holding office as a judge of any one or more of the courts of this state specified in subdivision (a), computed in years and fractions of years. (d) “Final compensation” means the average monthly salary of a judge during the 12 months immediately preceding the judge’s retirement from or otherwise leaving judicial office and as limited by Section 75572. (e) “Benefit factor” means the percentage used in calculating a judge’s monthly retirement allowance under Section 75522 or 75522.5. (f) “Contributions” means the accumulated deductions from the judge’s salary under Sections 75601 and 75602. References to payment to a judge of their contributions or to the determination of a judge’s and spouse’s shares in the contributions include both the contributions and interest thereon at the rates determined by the Board of Administration of the Public Employees’ Retirement System. (g) “Salary” means the compensation received by a judge as the emolument of the office of judge, but does not include any additional compensation received by reason of designation as a temporary judge or assignment by the Chairperson of the Judicial Council or the additional compensation pursuant to Section 68203.1. (h) “Board” means the Board of Administration of the Public Employees’ Retirement System. (i) “Fund” or “retirement fund” means the Judges’ Retirement System II Fund established pursuant to Section 75600. (j) 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. (Amended by Stats. 2023, Ch. 159, Sec. 18. (SB 885) Effective January 1, 2024.)
  45. 75505.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 1. General Provisions [75500 - 75508] ( Article 1 added by Stats. 1994, Ch. 879, Sec. 11. )

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    The chapter is administered under the Public Employees’ Retirement Law, with stated exceptions, and the Board of Administration must make demands for payments that the Controller turns into warrants.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 1. General Provisions [75500 - 75508] ( Article 1 added by Stats. 1994, Ch. 879, Sec. 11. ) ## 75505. (a) This chapter shall be administered and governed pursuant to the Public Employees’ Retirement Law to the same extent and with the same effect as if those provisions are contained in this chapter, except for those provisions that provide for the payment of an allowance or other benefit and except for those provisions that conflict with any provision of this chapter. To the extent applicable, the Board of Administration of the Public Employees’ Retirement System shall 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 System II 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. (b) All payments from the Judges’ Retirement System II 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. 26. (SB 220) Effective January 1, 2014.)
  46. 75506.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 1. General Provisions [75500 - 75508] ( Article 1 added by Stats. 1994, Ch. 879, Sec. 11. )

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    The board must send each judge an annual member statement.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 1. General Provisions [75500 - 75508] ( Article 1 added by Stats. 1994, Ch. 879, Sec. 11. ) ## 75506. The board shall, annually, send each judge a member statement which shall include information regarding accrued service credit, accrued monetary credits, retirement eligibility dates, and other pertinent information. (Added by Stats. 1994, Ch. 879, Sec. 11. Effective September 27, 1994. Operative November 9, 1994, by Sec. 16 of Ch. 879.)
  47. 75506.5.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 1. General Provisions [75500 - 75508] ( Article 1 added by Stats. 1994, Ch. 879, Sec. 11. )

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    A judge may file a written election before retirement to buy service credit for prior full-time subordinate judicial officer service, except for periods already 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 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 1. General Provisions [75500 - 75508] ( Article 1 added by Stats. 1994, Ch. 879, Sec. 11. ) ## 75506.5. (a) Any 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 this section shall, at the time of filing his or her election, pay into the Judges’ Retirement Fund II, 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 board in accordance with this section. (Added by Stats. 2001, Ch. 433, Sec. 9. Effective January 1, 2002.)
  48. 75506.6.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 1. General Provisions [75500 - 75508] ( Article 1 added by Stats. 1994, Ch. 879, Sec. 11. )

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    Judges may elect in writing to buy service credit for certain prior military or Merchant Marine service, subject to exclusions and limits.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 1. General Provisions [75500 - 75508] ( Article 1 added by Stats. 1994, Ch. 879, Sec. 11. ) ## 75506.6. (a) A judge may elect, in writing filed with the Judges’ Retirement System II, to make contributions and receive service credit in this system for active service, performed prior to entering this 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 shall 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 the 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 under Section 75502 or a judge who has retired under Section 75521, 75522, or 75522.5. (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 II 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. (Amended by Stats. 2023, Ch. 159, Sec. 19. (SB 885) Effective January 1, 2024.)
  49. 75506.7.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 1. General Provisions [75500 - 75508] ( Article 1 added by Stats. 1994, Ch. 879, Sec. 11. )

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    A judge may get retirement or survivor-benefit service credit for time away from office because of uniformed service if the judge returns within six months, elects coverage, and makes the required lump-sum contribution before retirement.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 1. General Provisions [75500 - 75508] ( Article 1 added by Stats. 1994, Ch. 879, Sec. 11. ) ## 75506.7. (a) A judge may receive service credit for the purposes of retirement under Section 75522, 75522.5, or 75560, or for purposes of calculating survivor benefits under Section 75590, for the time during which the judge was absent from their position as a judge by reason of service with the uniformed services, if the judge returns to judicial office within six months of separation from an eligible period of service in the uniformed services, as prescribed in Chapter 43 (commencing with Section 4301) of Title 38 of the United States Code, and the judge elects and satisfies the requirements of subdivision (b). (b) In order to receive service credit under subdivision (a) a judge shall contribute an amount equal to the member contributions that would have been made by the judge during the absence as required under Sections 75061 and 75602. The judge’s contributions shall be made prior to the judge’s retirement and shall be effective only if accompanied by a lump-sum payment of the contributions due for the period during which the judge was absent due to service with the uniformed services. The judge’s payment of contributions shall not exceed the amount the judge would have been required to contribute had the judge not served in the uniformed services and remained in judicial office continuously throughout the eligible period of service in the uniformed services. (c) Upon satisfaction of the requirements of subdivisions (a) and (b), the judge shall be credited with the service that would have accrued had the judge remained continuously employed and not undertaken service in the uniformed services. (d) Upon satisfaction of the requirements of subdivisions (a) and (b), the judge shall receive the monetary credits that would have accrued under Section 75520 if the member had not served in the uniformed services and had remained in judicial office continuously. (e) The system shall comply with Chapter 43 (commencing with Section 4301) of Title 38 of the United States Code, as that chapter may be amended from time to time. (f) For the purposes of this section: (1) “Uniformed services” means the Armed Forces, the Army National Guard and the Air National Guard when engaged in active duty for training, inactive duty training, or full-time National Guard duty, the commissioned corps of the Public Health Service, and any other category of persons designated by the President in time of war or national emergency. (2) “Service in the uniformed services” means the performance of duty on a voluntary or involuntary basis in a uniformed service under competent authority and includes: active duty, active duty for training, initial active duty for training, inactive duty training, full-time National Guard, or a period for which a person is absent from a position of employment for the purpose of an examination to determine the fitness of the employment for the purpose of performing funeral honors duty as provided in Section 12503 of Title 10 or Section 115 of Title 32 of the United States Code. (Amended by Stats. 2023, Ch. 159, Sec. 20. (SB 885) Effective January 1, 2024.)
  50. 75506.8.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 1. General Provisions [75500 - 75508] ( Article 1 added by Stats. 1994, Ch. 879, Sec. 11. )

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    If a qualifying judge makes the required service-credit contributions, the state must contribute an equal amount for the judge’s military-service absence, using the judge’s compensation earnable and the contribution rates in effect when the absence began.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 1. General Provisions [75500 - 75508] ( Article 1 added by Stats. 1994, Ch. 879, Sec. 11. ) ## 75506.8. When a judge that satisfies the requirements of Section 75506.7 makes the contributions required to receive service credit for service with the uniformed services, the state shall contribute an amount equal to the contributions that would have been made by the state during the judge’s absence. The state’s contribution shall be based upon the judge’s compensation earnable and the contribution rates in effect at the commencement of the absence. (Added by Stats. 2008, Ch. 626, Sec. 2. Effective September 30, 2008.)
  51. 75507.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 1. General Provisions [75500 - 75508] ( Article 1 added by Stats. 1994, Ch. 879, Sec. 11. )

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    Unpaid retirement allowances or unclaimed warrants for a deceased judge, spouse, or eligible child must be paid in a specified order of recipients.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 1. General Provisions [75500 - 75508] ( Article 1 added by Stats. 1994, Ch. 879, Sec. 11. ) ## 75507. (a) Any allowance payable to a retired judge or to a surviving spouse or to an eligible surviving child that has accrued and remained unpaid at the time of the death of the judge or the death of a surviving spouse or surviving child, or any unclaimed warrant issued prior to the date of death and returned to the board, shall be paid pursuant to the following order: (1) The survivor entitled to an allowance payable by the board. (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. 38. (AB 966) Effective January 1, 2010.)
  52. 75508.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 1. General Provisions [75500 - 75508] ( Article 1 added by Stats. 1994, Ch. 879, Sec. 11. )

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    Certain surviving spouses, surviving children, or a retired judge without such family members may name a beneficiary for the unpaid pro rata allowance for 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 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 1. General Provisions [75500 - 75508] ( Article 1 added by Stats. 1994, Ch. 879, Sec. 11. ) ## 75508. The surviving spouse or eligible surviving child of a deceased judge who is receiving a monthly allowance from the 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, and shall be in writing and filed with the system. (Added by Stats. 1994, Ch. 879, Sec. 11. Effective September 27, 1994. Operative November 9, 1994, by Sec. 16 of Ch. 879.)
  53. 7551.

    ## 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 25. Commemorative “California Gold” Medallions [7551 - 7556] ( Chapter 25 added by Stats. 1982, Ch. 826, Sec. 1. )

    Verify source ↗

    The Department of General Services must have a series of commemorative gold medallions designed.

    ## 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 25. Commemorative “California Gold” Medallions [7551 - 7556] ( Chapter 25 added by Stats. 1982, Ch. 826, Sec. 1. ) ## 7551. The Department of General Services shall cause to be designed a series of commemorative gold medallions in not less than 1 troy ounce, 0.5 troy ounce, 0.25 troy ounce, and 0.1 troy ounce sizes of .999 fine gold. As used in this chapter, a “medallion” shall also be known, and may be referred to, as a “gold piece.” (Amended by Stats. 1988, Ch. 478, Sec. 1.)
  54. 7552.

    ## 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 25. Commemorative “California Gold” Medallions [7551 - 7556] ( Chapter 25 added by Stats. 1982, Ch. 826, Sec. 1. )

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    Medallions must display specified text and design elements, meet an edge requirement, avoid resembling U.S. or foreign coins, and a contracted mint may not start a new design without Department of General Services approval.

    ## 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 25. Commemorative “California Gold” Medallions [7551 - 7556] ( Chapter 25 added by Stats. 1982, Ch. 826, Sec. 1. ) ## 7552. Each medallion shall bear: (a) On one side, the Great Seal of the State of California. (b) On the reverse side; (1) across the top, the term “California Gold;” (2) in the center, any emblem of the State of California; (3) on the lower middle right side, the date; (4) on the lower middle left side, the mint mark of the certified registered mint with which the Department of General Services has contracted; (5) on the bottom left side, the size of the medallion; (6) along the bottom right side, the term “.999 fine;” and (7) along the entire outer edge, thirty-one (31) small stars. The medallion shall have reeded or serrated edges with not less than 10 per quarter inch. The medallions shall not be in similitude in design or size, to include diameter and thickness, to any United States or foreign coin. The mint with which the Department of General Services has contracted shall not begin production of a new design without the approval of the Department of General Services. Any request for approval of a new design which has not been approved or rejected by the department within 14 calendar days after its receipt of the request shall be deemed approved. (Amended by Stats. 1987, Ch. 647, Sec. 1.)
  55. 75520.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 2. Early Retirement and Normal Retirement [75520 - 75528] ( Article 2 added by Stats. 1994, Ch. 879, Sec. 11. )

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    Judges must accrue monthly monetary credits equal to 18% of their monthly salary, and an additional monthly amount is credited based on the fund’s prior-year net earnings rate.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 2. Early Retirement and Normal Retirement [75520 - 75528] ( Article 2 added by Stats. 1994, Ch. 879, Sec. 11. ) ## 75520. (a) A judge shall, monthly, accrue monetary credits equal to 18 percent of the judge’s monthly salary. (b) To the total monetary credits in each judge’s account, an additional amount shall be credited monthly at a rate, not less than zero, equal to the annual net earnings rate achieved by the Judges’ Retirement System II Fund on its investments of moneys in the Judges’ Retirement System II Fund during the preceding fiscal year. (Amended by Stats. 1999, Ch. 785, Sec. 20. Effective January 1, 2000.)
  56. 75521.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 2. Early Retirement and Normal Retirement [75520 - 75528] ( Article 2 added by Stats. 1994, Ch. 879, Sec. 11. )

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    This section sets the payout rules when a judge leaves judicial office, based on years of service, and says some judges become eligible for certain retirement benefits.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 2. Early Retirement and Normal Retirement [75520 - 75528] ( Article 2 added by Stats. 1994, Ch. 879, Sec. 11. ) ## 75521. (a) A judge who leaves judicial office before accruing at least five years of service shall be paid the amount of the judge’s contributions to the system, and no other amount. (b) Except as provided in Section 75522.5, a judge who leaves judicial office after accruing five or more years of service and who is not eligible to elect to retire under Section 75522 shall be paid the amount of the judge’s monetary credits determined pursuant to Section 75520, including the credits added under subdivision (b) of that section computed to the last day of the month preceding the date of distribution, and no other amount. (c) Judges who leave office as described in subdivision (b) are “retired judges” for purposes of a concurrent retirement with respect to the benefits provided under Section 20639 and assignment pursuant to Article 2 (commencing with Section 68540.7) of Chapter 2 and are eligible for benefits provided under Section 22814. (d) After a judge has withdrawn their accumulated contributions or the amount of their monetary credits upon leaving judicial office, the service shall not count in the event they later become a judge again, until the judge pays into the Judges’ Retirement System II Fund the amount withdrawn, 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 payment. (Amended by Stats. 2024, Ch. 117, Sec. 10. (AB 2770) Effective January 1, 2025.)
  57. 75522.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 2. Early Retirement and Normal Retirement [75520 - 75528] ( Article 2 added by Stats. 1994, Ch. 879, Sec. 11. )

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    A judge may retire when age and service thresholds are met, must choose retirement benefits within 30 days after retirement becomes effective, and may elect between a monthly allowance or monetary credits.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 2. Early Retirement and Normal Retirement [75520 - 75528] ( Article 2 added by Stats. 1994, Ch. 879, Sec. 11. ) ## 75522. (a) A judge is eligible to retire pursuant to this section upon attaining both 65 years of age and 20 or more years of service, or upon attaining 70 years of age with a minimum of five years of service. (b) The office of a judge who retires under this section becomes vacant on the date of the retirement. (c) A judge who retires pursuant to this section shall, within 30 days after the effective date of the retirement, elect to receive either the benefits provided by subdivision (d) or the benefits provided by subdivision (e). Under rules adopted by the board, the time for the election may be extended in cases of illness or other hardship, but once made, the election shall be final and irrevocable. (d) The judge may elect to receive for life a monthly retirement allowance equal to the benefit factor multiplied by the judge’s final compensation multiplied by the number of years of service credit. (1) The benefit factor for a judge eligible to retire pursuant to this section equals 3.75 percent per year of service. (2) In no event shall the retirement allowance at the time of retirement exceed 75 percent of the judge’s final compensation. (e) The judge may elect to receive the amount of his or her monetary credits determined pursuant to Section 75520, including the credits added under subdivision (b) of that section computed to the last day of the month preceding the date of distribution. Under rules adopted by the board, the judge may elect to receive that amount in a single payment, or may direct that it be paid in an annuity of actuarially equivalent value for the judge’s life or in one of the optional forms provided for in Section 75571 if the judge retires on or before December 31, 2017, or Section 75571.5 if the judge retires on or after January 1, 2018. (f) If a retired judge fails or refuses to make an election pursuant to subdivision (c) within the time allowed, he or she shall be deemed to have elected to receive a monthly retirement allowance under subdivision (d). (Amended by Stats. 2016, Ch. 199, Sec. 46. (AB 2404) Effective January 1, 2017.)
  58. 75522.5.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 2. Early Retirement and Normal Retirement [75520 - 75528] ( Article 2 added by Stats. 1994, Ch. 879, Sec. 11. )

    Verify source ↗

    A judge may retire under this section if eligible, and must choose a benefit within 30 days after retirement takes effect.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 2. Early Retirement and Normal Retirement [75520 - 75528] ( Article 2 added by Stats. 1994, Ch. 879, Sec. 11. ) ## 75522.5. (a) On and after January 1, 2024, a judge who is not eligible to retire pursuant to Section 75522, in lieu of receiving their monetary credits pursuant to subdivision (b) of Section 75521, may elect to retire pursuant to this section, notwithstanding Section 7522.44, upon satisfying the eligibility requirements of this section. Retirement pursuant to this section shall be considered a service retirement for the purposes of Section 75580.5. (b) A judge is eligible to retire pursuant to this section upon attaining both 60 years of age and 15 years or more of service, or upon attaining 65 years of age with a minimum of 10 years of service. (c) The office of a judge who retires under this section becomes vacant on the date of retirement. (d) (1) A judge who elects to retire pursuant to this section shall, within 30 days after the effective date of the retirement, elect to receive one of the benefits provided under subdivision (f). Under rules adopted by the board, the time for the election may be extended in cases of illness or other hardship, but once made, the election shall be final and irrevocable. (2) If a retired judge fails or refuses to make an election pursuant to subdivision (f) within the time allowed, the retired judge shall be deemed to have elected to receive a monthly allowance under paragraph (1) of subdivision (f). (e) For purposes of this section, “full retirement age” means the age and years of service at which a judge would have become eligible to retire under Section 75522 if the judge had continued to accrue years of service credit rather than retire pursuant to this section. (f) Subject to the limits described in subdivision (g), a judge who elects to retire under this section shall receive, for life, a monthly retirement allowance equal to the applicable benefit factor multiplied by the judge’s final compensation multiplied by the number of years of service credit, pursuant to one of the following paragraphs: (1) This paragraph shall apply to the retirement allowance of a judge who retires prior to full retirement age and who defers to full retirement age. The benefit factor for a judge electing to retire pursuant to this paragraph shall be a percentage equal to 3.75 reduced by 0.07 for each year, taken to the preceding completed quarter year, the judge’s date of retirement is prior to the judge’s full retirement age. (2) This paragraph shall apply to the retirement allowance of a judge who retires prior to full retirement age and who defers past full retirement age. The retirement allowance shall commence on the date the judge attains full retirement age plus an additional 0.22 years for each year the judge’s date of retirement is prior to the judge’s full retirement age. The benefit factor for a judge electing to retire pursuant to this paragraph equals 3.75 percent. (g) (1) In no event shall the retirement allowance under this section calculated at the time of retirement exceed 75 percent of the judge’s final compensation. (2) The calculation of the retirement allowance under this section shall not include more than 20 years of service. (h) A monthly allowance or optional settlement payable under this chapter to a surviving spouse of a judge who elected to retire pursuant to this section, and who died before receiving a retirement allowance, shall begin the date the judge would have been eligible to receive a retirement allowance under this section and shall continue until the death of the surviving spouse. (i) This section shall only apply to judges who retire pursuant to this section before January 1, 2029. (Amended by Stats. 2023, Ch. 159, Sec. 22. (SB 885) Effective January 1, 2024.)
  59. 75523.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 2. Early Retirement and Normal Retirement [75520 - 75528] ( Article 2 added by Stats. 1994, Ch. 879, Sec. 11. )

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    Retired judges’ allowances must be adjusted each January for cost-of-living increases, with a minimum 1% increase needed and a 3% cap per year; the board may adopt implementation rules.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 2. Early Retirement and Normal Retirement [75520 - 75528] ( Article 2 added by Stats. 1994, Ch. 879, Sec. 11. ) ## 75523. (a) The retirement allowance of retired judges who have elected to receive a monthly allowance under subdivision (d) of Section 75522 or who have retired for disability and are receiving an allowance under Section 75560.4 shall be adjusted effective in January of each year after a judge has been retired under this chapter for more than six months, to reflect any increase in the cost of living occurring after January 1 of the immediately preceding fiscal year. The United States city average of the “Consumer Price Index for all Urban Consumers,” as published by the United States Bureau of Statistics, shall be used as the basis for determining changes in the cost of living. (b) The retirement allowance of a retired judge who has elected to retire under Section 75522.5 shall be adjusted effective in January of each year after a judge has received a retirement allowance under this chapter for more than six months, to reflect any increase in the cost of living occurring after January 1 of the immediately preceding fiscal year. The United States city average of the “Consumer Price Index for all Urban Consumers,” as published by the United States Bureau of Statistics, shall be used as the basis for determining changes in the cost of living. (c) An adjustment shall not be made unless the cost-of-living increase equals or exceeds 1 percent. The allowance shall not be increased more than 3 percent in a single year. Increases shall be compounded. (d) The allowance shall not be decreased as a result of the cost-of-living adjustment. (e) The board shall provide, by rule, any details needed for the implementation of this section. (Amended (as amended by Stats. 2023, Ch. 159, Sec. 23) by Stats. 2023, Ch. 538, Sec. 2. (AB 658) Effective January 1, 2024.)
  60. 75524.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 2. Early Retirement and Normal Retirement [75520 - 75528] ( Article 2 added by Stats. 1994, Ch. 879, Sec. 11. )

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    For this chapter, temporary-judge designations and assignments by the Chairperson of the Judicial Council are ignored, and they do not change a person’s status as a judge.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 2. Early Retirement and Normal Retirement [75520 - 75528] ( Article 2 added by Stats. 1994, Ch. 879, Sec. 11. ) ## 75524. Any designation as a temporary judge 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 that designation or assignment. (Added by Stats. 1994, Ch. 879, Sec. 11. Effective September 27, 1994. Operative November 9, 1994, by Sec. 16 of Ch. 879.)
  61. 75525.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 2. Early Retirement and Normal Retirement [75520 - 75528] ( Article 2 added by Stats. 1994, Ch. 879, Sec. 11. )

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    Retired judges and eligible beneficiaries may authorize deductions from their retirement allowance payments to pay group life insurance premiums, subject to board regulations and approval of the insurance plan by the Director of Finance.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 2. Early Retirement and Normal Retirement [75520 - 75528] ( Article 2 added by Stats. 1994, Ch. 879, Sec. 11. ) ## 75525. Retired judges, and beneficiaries, who are entitled to receive allowances under this chapter, may authorize deductions to be made from their retirement allowance payments, in accordance with regulations established by the board for payment of group life insurance premiums for a group life insurance plan approved by the Director of Finance. (Added by Stats. 1994, Ch. 879, Sec. 11. Effective September 27, 1994. Operative November 9, 1994, by Sec. 16 of Ch. 879.)
  62. 75526.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 2. Early Retirement and Normal Retirement [75520 - 75528] ( Article 2 added by Stats. 1994, Ch. 879, Sec. 11. )

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    A judge convicted of certain crimes committed while in judicial office must not receive benefits from the system, except that the judge’s contributions must be paid back.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 2. Early Retirement and Normal Retirement [75520 - 75528] ( Article 2 added by Stats. 1994, Ch. 879, Sec. 11. ) ## 75526. A judge who pleads guilty or no contest or is found guilty of a crime committed while holding judicial office that 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 system, except that the amount of his or her contributions to the system shall be paid to him or her by the system. (Added by Stats. 1994, Ch. 879, Sec. 11. Effective September 27, 1994. Operative November 9, 1994, by Sec. 16 of Ch. 879.)
  63. 75527.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 2. Early Retirement and Normal Retirement [75520 - 75528] ( Article 2 added by Stats. 1994, Ch. 879, Sec. 11. )

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    Benefits payable to any person are subject to the limits set by the Internal Revenue Code.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 2. Early Retirement and Normal Retirement [75520 - 75528] ( Article 2 added by Stats. 1994, Ch. 879, Sec. 11. ) ## 75527. Notwithstanding any other provision of this chapter, the benefits payable to any person shall be subject to the limitations set forth in the Internal Revenue Code. (Added by Stats. 1994, Ch. 879, Sec. 11. Effective September 27, 1994. Operative November 9, 1994, by Sec. 16 of Ch. 879.)
  64. 75527.5.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 2. Early Retirement and Normal Retirement [75520 - 75528] ( Article 2 added by Stats. 1994, Ch. 879, Sec. 11. )

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    This section ties a judge’s retirement allowance and monetary credits annuity to federal cost-of-living adjustments and caps the payable amount at the applicable federal limit.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 2. Early Retirement and Normal Retirement [75520 - 75528] ( Article 2 added by Stats. 1994, Ch. 879, Sec. 11. ) ## 75527.5. (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 any 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, or the monetary credits annuity payable to a judge, shall be increased to reflect the 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 or monetary credits annuity 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 or monetary credits annuity 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. 3. (AB 1293) Effective January 1, 2022.)
  65. 75528.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 2. Early Retirement and Normal Retirement [75520 - 75528] ( Article 2 added by Stats. 1994, Ch. 879, Sec. 11. )

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    A judge needs at least six years of judicial service to qualify for the listed concurrent retirement benefits.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 2. Early Retirement and Normal Retirement [75520 - 75528] ( Article 2 added by Stats. 1994, Ch. 879, Sec. 11. ) ## 75528. A judge must have a minimum of six years of judicial service to be eligible for benefits provided by retiring concurrently from this system and the Public Employees’ Retirement System or a retirement system subject to the County Employees Retirement Law of 1937 pursuant to Section 20639 or 31840.8. (Added by Stats. 2001, Ch. 433, Sec. 11. Effective January 1, 2002.)
  66. 7553.

    ## 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 25. Commemorative “California Gold” Medallions [7551 - 7556] ( Chapter 25 added by Stats. 1982, Ch. 826, Sec. 1. )

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    If gold producers show sufficient interest, the department must contract with a registered, certified mint to make gold medallions. Gold producers must supply the gold bullion, deliver it for processing, and pay the related costs in advance.

    ## 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 25. Commemorative “California Gold” Medallions [7551 - 7556] ( Chapter 25 added by Stats. 1982, Ch. 826, Sec. 1. ) ## 7553. Upon the showing of sufficient interest by gold producers, the department shall contract with a registered, certified mint for the minting of gold medallions in an amount and in such sizes as deemed appropriate. Gold producers shall provide all gold bullion necessary for minting and shall deliver it to the mint for processing. They shall pay in advance to the department a fee sufficient to cover all minting and handling costs; royalty fees for the use of the seal; and reimbursement costs to the department for designing the medallions. (Amended by Stats. 1983, Ch. 583, Sec. 2.)
  67. 7554.

    ## 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 25. Commemorative “California Gold” Medallions [7551 - 7556] ( Chapter 25 added by Stats. 1982, Ch. 826, Sec. 1. )

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    The Department of General Services must charge royalties for California Gold medallions used for the Great Seal of the State of 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 25. Commemorative “California Gold” Medallions [7551 - 7556] ( Chapter 25 added by Stats. 1982, Ch. 826, Sec. 1. ) ## 7554. The Department of General Services shall, for the use of the Great Seal of the State of California, charge the following royalties: (a) For each medallion in the 1 troy ounce size, four dollars ($4). (b) For each medallion in the 0.5 troy ounce size, two dollars ($2). (c) For each medallion in the 0.25 troy ounce size, one dollar ($1). (d) For each medallion in the 0.1 troy ounce size, fifty cents ($0.50). (Amended by Stats. 1986, Ch. 157, Sec. 2. Effective June 16, 1986.)
  68. 7555.

    ## 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 25. Commemorative “California Gold” Medallions [7551 - 7556] ( Chapter 25 added by Stats. 1982, Ch. 826, Sec. 1. )

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    After minting, the medallions must be returned to the producers, who have sole responsibility for distribution, marketing, and sales.

    ## 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 25. Commemorative “California Gold” Medallions [7551 - 7556] ( Chapter 25 added by Stats. 1982, Ch. 826, Sec. 1. ) ## 7555. After minting, the medallions shall be returned to the producers who, notwithstanding Section 402, shall have sole responsibility for distribution, marketing, and sales. (Added by Stats. 1982, Ch. 826, Sec. 1. Effective September 10, 1982.)
  69. 75550.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 3. Community Property [75550 - 75553] ( Article 3 added by Stats. 1994, Ch. 879, Sec. 11. )

    Verify source ↗

    This section defines “member,” “nonmember,” and “court” 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 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 3. Community Property [75550 - 75553] ( Article 3 added by Stats. 1994, Ch. 879, Sec. 11. ) ## 75550. In this article, unless the context indicates otherwise: (a) “Member” means a judge as defined in Section 75502. (b) “Nonmember” 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 monetary credits, specific credited service, and accumulated contributions. (c) “Court” means the court with jurisdiction over the marriage. (Added by Stats. 1994, Ch. 879, Sec. 11. Effective September 27, 1994. Operative November 9, 1994, by Sec. 16 of Ch. 879.)
  70. 75551.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 3. Community Property [75550 - 75553] ( Article 3 added by Stats. 1994, Ch. 879, Sec. 11. )

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    When an active judge’s marriage ends or the spouses legally separate, the court must determine service years, separation date, and the applicable share of contributions or monetary credits. The fund must then pay the nonmember the allocated amount, and the nonmember has no further interest in the fund after payment.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 3. Community Property [75550 - 75553] ( Article 3 added by Stats. 1994, Ch. 879, Sec. 11. ) ## 75551. (a) If a member’s marriage is dissolved or a member and his or her spouse are legally separated while the member is an active judge, the court shall make the following determinations: (1) The number of years of service that accrued during the marriage of the member and nonmember, down to the date of their separation. (2) The date of the parties’ separation. (3) If the member had been a judge for fewer than five years on the date of separation, the court shall determine the member’s and nonmember’s shares of the judge’s contributions to the fund, based on Section 2610 of the Family Code, and on the law generally applicable to property earned during marriage. (4) If the member had been a judge for five years or more on the date of separation, the court shall determine the member’s and nonmember’s shares of the judge’s monetary credits that have accrued pursuant to Section 75520, based on Section 2610 of the Family Code, and on the law generally applicable to property earned during marriage. The monetary credits include the credits computed pursuant to subdivision (b) of Section 75520 computed to the date the court finds appropriate. (b) The determinations made pursuant to paragraphs (1) and (2) and pursuant to paragraph (3) or (4) of subdivision (a) shall be included in the judgment of dissolution or separation. The system shall deem any portion of the judge’s contributions or of the judge’s monetary credits that were not allocated by the judgment to the nonmember, to be allocated to the member. (c) Promptly after receiving a certified copy of a judgment dissolving the marriage of a member or legally separating a member and nonmember and allocating shares of the member’s contributions pursuant to paragraph (3) of subdivision (a), the fund shall pay to the nonmember the amount allocated to him or her in the judgment. The nonmember shall have no further interest in the fund. (d) Promptly after receiving a certified copy of a judgment dissolving the marriage of a member or legally separating a member and nonmember and allocating shares of the member’s monetary credits pursuant to paragraph (4) of subdivision (a), the fund shall pay to the nonmember the amount allocated to him or her in the judgment. The nonmember shall have no further interest in the fund. (e) The amount of the payment pursuant to subdivision (c) or (d) shall be subtracted from the member’s monetary credits as computed pursuant to Section 75520. Until the amount is redeposited pursuant to Section 75552, the additional credits accorded pursuant to subdivision (b) of Section 75520 shall be computed on the amount so reduced. (Amended by Stats. 1996, Ch. 482, Sec. 3. Effective January 1, 1997.)
  71. 75552.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 3. Community Property [75550 - 75553] ( Article 3 added by Stats. 1994, Ch. 879, Sec. 11. )

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    A member may redeposit the full amount in the fund after certain payments to a nonmember, but only before retirement or leaving judicial office, and partial redeposits are not allowed.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 3. Community Property [75550 - 75553] ( Article 3 added by Stats. 1994, Ch. 879, Sec. 11. ) ## 75552. (a) After payment of a portion of the member’s contributions to a nonmember pursuant to subdivision (b) of Section 75551, the member may redeposit the full amount in the fund at any time before he or she retires or otherwise leaves judicial office. The redeposit shall include interest 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 payment to the date of redeposit. A partial redeposit shall not be accepted. (b) After payment of a portion of the member’s monetary credits to a nonmember pursuant to subdivision (c) of Section 75551, the member may redeposit the full amount in the fund at any time before he or she retires or otherwise leaves judicial office. The redeposit shall include interest at the greater of: (1) 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 payment to the date of redeposit; or (2) the compounded amounts that would have been credited to the member’s monetary account pursuant to subdivision (b) of Section 75520 had the payment not been made to the nonmember. A partial redeposit shall not be accepted. (Amended by Stats. 2014, Ch. 237, Sec. 11. (AB 2472) Effective January 1, 2015.)
  72. 75553.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 3. Community Property [75550 - 75553] ( Article 3 added by Stats. 1994, Ch. 879, Sec. 11. )

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    This section sets how a judge’s retirement fund benefits are calculated when a nonmember has already received part of the member’s contributions or monetary credits.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 3. Community Property [75550 - 75553] ( Article 3 added by Stats. 1994, Ch. 879, Sec. 11. ) ## 75553. (a) If a member leaves judicial office after a nonmember has received a share of the member’s contributions or a share of the member’s monetary credits pursuant to Section 75551, the member’s retirement fund rights shall be determined pursuant to this section. (b) If the member has redeposited the amount paid to the nonmember, with interest, pursuant to Section 75552, the payment to the nonmember shall be ignored and the member’s rights shall be determined as though the payment to the nonmember had not occurred; and subdivisions (c), (d), and (e) shall not apply. (c) If the member leaves judicial office before accruing at least five years of service, the member shall be paid the dollar amount of the member’s contributions to the system minus the amount paid to the nonmember, and no other amount. (d) If the member leaves office after accruing five or more years of service and either: (1) elects, pursuant to subdivision (e) of Section 75522, to receive the amount of the member’s monetary credits; or (2) is entitled, pursuant to subdivision (b) or (c) of Section 75521 to receive only the amount of the member’s monetary credits, the member shall be paid the amount of the member’s monetary credits as provided in Section 75521 or subdivision (e) of Section 75522, reduced as provided in subdivision (d) of Section 75551. (e) If the member elects to retire and receive a monthly allowance pursuant to either subdivision (d) of Section 75522 or Section 75522.5, the judge’s monthly allowance shall equal the monthly allowance that would have been payable pursuant to subdivision (d) of Section 75522 or Section 75522.5, as applicable, based on the judge’s service and salary, multiplied by a fraction equal to: NMS S + 50% (MS) S where: _____ “S” _____ “MS” _____ “NMS” = = = the member’s total service the member’s service while married to the nonmember prior to their separation the member’s service while not married to the nonmember (f) If, notwithstanding paragraph (1) of subdivision (a) of Section 75551, the judgment did not specify the number of years of service that accrued during the marriage or other necessary facts, the system may make its own determination in order to make the computation in subdivision (e). (Amended by Stats. 2024, Ch. 117, Sec. 11. (AB 2770) Effective January 1, 2025.)
  73. 7556.

    ## 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 25. Commemorative “California Gold” Medallions [7551 - 7556] ( Chapter 25 added by Stats. 1982, Ch. 826, Sec. 1. )

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    Only registered, certified mints that have contracted with the department may produce the medallions; other production is unlawful and a misdemeanor.

    ## 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 25. Commemorative “California Gold” Medallions [7551 - 7556] ( Chapter 25 added by Stats. 1982, Ch. 826, Sec. 1. ) ## 7556. Only registered, certified mints which have contracted with the department may produce the medallions, as ordered pursuant to the provisions of this chapter. Any other production of the medallions is unlawful and punishable as a misdemeanor. (Added by Stats. 1982, Ch. 826, Sec. 1. Effective September 10, 1982.)
  74. 75560.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 4. Disability Retirement [75560 - 75564] ( Article 4 added by Stats. 1994, Ch. 879, Sec. 11. )

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    A judge cannot be retired for disability unless the judge has at least five years of judicial service or the disability was caused by injury or disease arising out 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 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 4. Disability Retirement [75560 - 75564] ( Article 4 added by Stats. 1994, Ch. 879, Sec. 11. ) ## 75560. No judge shall be eligible to be retired for disability unless the judge is credited with at least five 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. (Added by Stats. 1994, Ch. 879, Sec. 11. Effective September 27, 1994. Operative November 9, 1994, by Sec. 16 of Ch. 879.)
  75. 75560.1.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 4. Disability Retirement [75560 - 75564] ( Article 4 added by Stats. 1994, Ch. 879, Sec. 11. )

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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 required approvals are obtained.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 4. Disability Retirement [75560 - 75564] ( Article 4 added by Stats. 1994, Ch. 879, Sec. 11. ) ## 75560.1. (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, signed by the judge or a family member or legal representative acting on the judge’s behalf. 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. (Added by Stats. 1994, Ch. 879, Sec. 11. Effective September 27, 1994. Operative November 9, 1994, by Sec. 16 of Ch. 879.)
  76. 75560.4.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 4. Disability Retirement [75560 - 75564] ( Article 4 added by Stats. 1994, Ch. 879, Sec. 11. )

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    A judge who retires for disability must receive a retirement allowance, usually the lower of two calculations, but it is fixed at 65% of final compensation if the Commission on Judicial Performance makes the specified injury finding.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 4. Disability Retirement [75560 - 75564] ( Article 4 added by Stats. 1994, Ch. 879, Sec. 11. ) ## 75560.4. (a) A judge who retires for disability shall receive a retirement allowance in an amount equal to the lower of the following: (1) The benefit factor under subdivision (d) of Section 75522 multiplied by the judge’s final compensation on the effective date of the disability retirement, multiplied by the number of years of service the judge would have been credited if the judge’s service had continued to the age the judge would have first been eligible to retire under subdivision (a) of Section 75522. (2) Sixty-five percent of the judge’s final compensation on the effective date of the disability retirement. (b) Notwithstanding subdivision (a), the retirement allowance of a judge who retires for disability shall equal 65 percent of the judge’s final compensation on the effective date of the disability retirement regardless of the judge’s age or length of service, if the Commission on Judicial Performance determines that the disability is predominantly a result of injury arising out of and in the course of judicial service. (Amended by Stats. 2006, Ch. 538, Sec. 332. Effective January 1, 2007.)
  77. 75560.6.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 4. Disability Retirement [75560 - 75564] ( Article 4 added by Stats. 1994, Ch. 879, Sec. 11. )

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    The Commission on Judicial Performance may require certain judges under 65 who receive this allowance to take a medical exam, 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 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 4. Disability Retirement [75560 - 75564] ( Article 4 added by Stats. 1994, Ch. 879, Sec. 11. ) ## 75560.6. 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 article and who is under the age of 65 years to undergo medical examination. The examination shall be made by one or more physicians and 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 the justice or judge except while under assignment to a court by the Chairperson 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. Section 68543.5 is applicable to the judge. (Added by Stats. 1994, Ch. 879, Sec. 11. Effective September 27, 1994. Operative November 9, 1994, by Sec. 16 of Ch. 879.)
  78. 75562.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 4. Disability Retirement [75560 - 75564] ( Article 4 added by Stats. 1994, Ch. 879, Sec. 11. )

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    A judge applying for disability retirement who is facing or has been convicted of a qualifying felony is presumed not disabled, must meet a clear-and-convincing proof standard, and must submit 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 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 4. Disability Retirement [75560 - 75564] ( Article 4 added by Stats. 1994, Ch. 879, Sec. 11. ) ## 75562. 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 75560.1 from each of at least two physicians or two psychiatrists. (Added by Stats. 1994, Ch. 879, Sec. 11. Effective September 27, 1994. Operative November 9, 1994, by Sec. 16 of Ch. 879.)
  79. 75563.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 4. Disability Retirement [75560 - 75564] ( Article 4 added by Stats. 1994, Ch. 879, Sec. 11. )

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    A judge in certain disciplinary or misconduct situations must be presumed not disabled before disability retirement is approved, and must provide 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 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 4. Disability Retirement [75560 - 75564] ( Article 4 added by Stats. 1994, Ch. 879, Sec. 11. ) ## 75563. A judge against whom there is pending a disciplinary proceeding that 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 75560.1 from each of at least two physicians or two psychiatrists. (Added by Stats. 1994, Ch. 879, Sec. 11. Effective September 27, 1994. Operative November 9, 1994, by Sec. 16 of Ch. 879.)
  80. 75564.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 4. Disability Retirement [75560 - 75564] ( Article 4 added by Stats. 1994, Ch. 879, Sec. 11. )

    Verify source ↗

    A defeated member applying for disability retirement must provide written statements from at least two physicians or two psychiatrists, and the application is treated as not establishing disability unless proved otherwise.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 4. Disability Retirement [75560 - 75564] ( Article 4 added by Stats. 1994, Ch. 879, Sec. 11. ) ## 75564. 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 75560.1 from each of at least two physicians or two psychiatrists. (Added by Stats. 1994, Ch. 879, Sec. 11. Effective September 27, 1994. Operative November 9, 1994, by Sec. 16 of Ch. 879.)
  81. 75570.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 5. Payment of Benefits [75570 - 75573] ( Article 5 added by Stats. 1994, Ch. 879, Sec. 11. )

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    A retiring judge may choose an optional lesser retirement allowance, but the choice must be made before retirement and any later election change must be filed in writing with the system within 30 calendar days after the first payment.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 5. Payment of Benefits [75570 - 75573] ( Article 5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## 75570. (a) In lieu of electing the unmodified allowance for the judge’s life alone, a judge who elects to retire and receive a monthly allowance under either subdivision (d) of Section 75522 or Section 75522.5 may elect, on or before the date of retirement, to have the actuarial equivalent of the judge’s 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 75571 if the judge retires on or before December 31, 2017, or Section 75571.5 if the judge retires on or after January 1, 2018. (b) That election, revocation, or change of election shall be made by a writing filed with the system within 30 calendar days after the making of the first payment on account of any retirement allowance. (c) If there is a spouse who would qualify for the survivor allowance under subdivision (b) of Section 75590, then the election, with respect to any optional settlement other than the optional settlement in subdivision (a) of Section 75571 or subdivision (b) of Section 75571.5, shall apply only to the portion of the retirement allowance that exceeds the amount of the allowance deemed payable to the surviving spouse. (Amended by Stats. 2024, Ch. 117, Sec. 12. (AB 2770) Effective January 1, 2025.)
  82. 75570.5.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 5. Payment of Benefits [75570 - 75573] ( Article 5 added by Stats. 1994, Ch. 879, Sec. 11. )

    Verify source ↗

    If a judge elects an optional settlement for a surviving spouse, the spouse’s combined allowance 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 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 5. Payment of Benefits [75570 - 75573] ( Article 5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## 75570.5. If a judge elects an optional settlement that provides for a monthly allowance for his or her surviving spouse, the combined allowance payable to the surviving spouse pursuant to the optional settlement and Section 75590, if applicable, cannot exceed the amount of the judge’s monthly allowance. (Added by Stats. 2016, Ch. 199, Sec. 48. (AB 2404) Effective January 1, 2017.)
  83. 75571.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 5. Payment of Benefits [75570 - 75573] ( Article 5 added by Stats. 1994, Ch. 879, Sec. 11. )

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    This section gives eligible judges retirement benefit options and lets a judge choose alternative benefits only with board approval.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 5. Payment of Benefits [75570 - 75573] ( Article 5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## 75571. This section shall apply to any judge who retires on or before December 31, 2017. (a) Optional settlement 1 consists of the right to have a retirement allowance paid to the judge until their death and if the judge dies before the judge receives the amount of the judge’s accumulated contributions at retirement, to have the balance at death paid to the judge’s surviving spouse, or if none, to the judge’s designated beneficiary, or if none, to the judge’s estate. (b) (1) Optional settlement 2 consists of the right to have a retirement allowance paid to the judge until the judge’s death and thereafter to the judge’s surviving spouse for life. (2) If the judge’s spouse 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 spouse to reflect the benefit that would have been paid had the judge not elected an optional settlement. (3) If the marriage of a retired judge is dissolved or a legal separation is filed, and the judgment dividing the community property between the judge and the surviving spouse 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. (c) (1) Optional settlement 3 consists of the right to have a retirement allowance paid to the judge until the judge’s death, and thereafter to have one-half of the judge’s retirement allowance paid to the judge’s surviving spouse for life. (2) If the judge’s spouse 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 spouse to reflect the benefit that would have been paid had the judge not elected an optional settlement. (3) If the marriage of a retired judge is dissolved or a legal separation is filed, and the judgment dividing the community property between the judge and the surviving spouse 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 4 consists of other benefits that are the actuarial equivalent of the judge’s retirement allowance, that they may select subject to the approval of the board. (Amended by Stats. 2023, Ch. 159, Sec. 26. (SB 885) Effective January 1, 2024.)
  84. 75571.5.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 5. Payment of Benefits [75570 - 75573] ( Article 5 added by Stats. 1994, Ch. 879, Sec. 11. )

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    This section applies to judges who retire on or after January 1, 2018, and sets out the retirement allowance and survivor-benefit options available to them.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 5. Payment of Benefits [75570 - 75573] ( Article 5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## 75571.5. 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 the judge’s life alone. A continuing allowance to the surviving spouse, other than the benefit provided in subdivision (c) or (d) of Section 75590, is not provided and there is not a 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 for the judge’s life alone and if the judge dies before the judge receives in annuity payments the amount of the judge’s accumulated contributions at retirement, to have the balance at death paid to the judge’s surviving spouse, or if none, to the judge’s designated beneficiary, or if none, to the judge’s estate. (c) (1) The 100 Percent Beneficiary Option 2 consists of the right to have a retirement allowance paid to the judge until the judge’s death and thereafter to have the same monthly allowance paid to the judge’s surviving spouse for life, provided that, with respect to a judge subject to subdivision (c) or (d) of Section 75590, the surviving spouse shall receive that portion of the judge’s monthly allowance that exceeds the amount of the allowance deemed payable pursuant to subdivision (c) or (d) of Section 75590. (2) Upon the death of both the judge and the surviving spouse, any remaining balance of the judge’s accumulated contributions at retirement not used to fund the allowances paid to the judge and the surviving spouse pursuant to this subdivision will be paid in a lump sum to the designated beneficiary of the deceased, or if none, to the estate of the deceased. (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 the judge’s death and thereafter to have the same monthly allowance paid to the judge’s surviving spouse for life; provided that with respect to a judge subject to subdivision (c) or (d) of Section 75590, the surviving spouse shall receive that portion of the judge’s monthly allowance that exceeds the amount of the allowance deemed payable pursuant to subdivision (c) or (d) of Section 75590. (2) If the judge’s spouse 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 spouse to reflect the benefit that would have been paid had the judge not elected an optional settlement. (3) If the marriage of a retired judge is dissolved or a legal separation filed, and the judgment dividing the community property between the judge and the surviving spouse 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 the judge’s death and thereafter to have one-half of the monthly allowance paid to the judge’s surviving spouse for life; provided that with respect to a judge subject to subdivision (c) or (d) of Section 75590, the surviving spouse shall receive one-half of that portion of the judge’s monthly allowance that exceeds the amount of the allowance deemed payable pursuant to subdivision (c) or (d) of Section 75590. (2) Upon the death of both the judge and the surviving spouse, any remaining balance of the judge’s accumulated contributions at retirement not used to fund the allowances paid to the judge and the surviving spouse pursuant to this subdivision will be paid in a lump sum to the designated beneficiary of the deceased, or if none, to the estate of the deceased. (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 the judge’s death and thereafter to have one-half of the monthly allowance paid to the judge’s surviving spouse for life; provided that with respect to a judge subject to subdivision (c) or (d) of Section 75590, the surviving spouse shall receive one-half of that portion of the judge’s monthly allowance that exceeds the amount of the allowance deemed payable pursuant to subdivision (c) or (d) of Section 75590. (2) If the judge’s spouse 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 spouse to reflect the benefit that would have been paid had the judge not elected an optional settlement. (3) If the marriage of a retired judge is dissolved or a legal separation filed, and the judgment dividing the community property between the judge and the surviving spouse 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 the judge’s death, and thereafter to have a monthly allowance paid to the judge’s surviving spouse for life. Subject to Section 75570.5, the judge may select the monthly allowance payable to the surviving spouse from the options below: (1) Specific Dollar Amount to a Surviving Spouse. The judge may specify that upon the judge’s death after retirement, a monthly allowance in an amount determined by the judge be paid to the judge’s surviving spouse for life. (2) Specific Percentage to a Surviving Spouse. The judge may specify that upon the judge’s death after retirement, a monthly allowance in an amount equivalent to a specified percentage of the judge’s allowance be paid to the judge’s surviving spouse for life. (Amended by Stats. 2024, Ch. 117, Sec. 13. (AB 2770) Effective January 1, 2025.)
  85. 75572.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 5. Payment of Benefits [75570 - 75573] ( Article 5 added by Stats. 1994, Ch. 879, Sec. 11. )

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    Benefits for certain system members cannot exceed the Section 401(a) limits, and compensation used for benefit calculations is capped by the annual limit in effect.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 5. Payment of Benefits [75570 - 75573] ( Article 5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## 75572. 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. 16. Effective January 1, 1996.)
  86. 75573.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 5. Payment of Benefits [75570 - 75573] ( Article 5 added by Stats. 1994, Ch. 879, Sec. 11. )

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    A judge who chooses optional settlement two or three may waive an allowance increase, and if the judge does so, the allowance must be 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 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 5. Payment of Benefits [75570 - 75573] ( Article 5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## 75573. A judge who elects to receive optional settlement two or three in Section 75571 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 75571, 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. 51. (AB 2404) Effective January 1, 2017.)
  87. 75580.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 6. Employment of Retired Judges [75580 - 75583] ( Article 6 added by Stats. 1994, Ch. 879, Sec. 11. )

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    Retired judges with disability limits on work and earnings can keep some allowance only within stated conditions, and must report compensation.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 6. Employment of Retired Judges [75580 - 75583] ( Article 6 added by Stats. 1994, Ch. 879, Sec. 11. ) ## 75580. (a) 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 the judge was found, pursuant to Section 75560.1, to be unable to perform due to mental or physical disability, the retirement allowance otherwise payable to him or her shall cease permanently, 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 for disability, the retirement allowance otherwise payable 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) A judge who is retired for disability may, without loss or reduction in allowance, engage in the practice of law or any other gainful occupation that does not require the discharge of duties substantially similar to those duties the judge was found, pursuant to Section 75560.1, to be unable to perform due to mental or physical disability, other than a public office, as long as the compensation earned in any month when combined with the judge’s allowance does not exceed 75 percent of the salary payable to the judge holding the judicial office to which the retired judge was last elected or appointed, and the retirement allowance otherwise payable to the judge shall be reduced by the amount of any earning 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) Persons affected by this section shall report all compensation earned in a form and manner required by the board 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. (e) When a judge affected by subdivision (c) reaches the age at which the judge would be eligible to retire for services pursuant to Section 75522 had the judge not retired for disability, the judge’s retirement allowance shall be made equal to the amount it would be if not reduced pursuant to this section, and may not again be modified for any cause. (f) A judge who is retired for disability pursuant to this chapter or becomes entitled to any salary for assignment to a court by the Chairperson of the Judicial Council after retirement for disability pursuant to this chapter is not eligible to receive service credit in another public retirement system or pursuant to this chapter or to be reinstated to this system. (g) The Legislature reserves the right to increase or reduce the benefits prescribed by this section as it may find appropriate. (Amended by Stats. 2003, Ch. 10, Sec. 37. Effective May 14, 2003.)
  88. 75580.5.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 6. Employment of Retired Judges [75580 - 75583] ( Article 6 added by Stats. 1994, Ch. 879, Sec. 11. )

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    Some retired judges must return to membership in the retirement system when appointed or elected as a judge, except in a stated assignment exception.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 6. Employment of Retired Judges [75580 - 75583] ( Article 6 added by Stats. 1994, Ch. 879, Sec. 11. ) ## 75580.5. (a) Except as provided in subdivision (b), if a person who is retired for service or disability 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 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 service. (Added by Stats. 2014, Ch. 237, Sec. 13. (AB 2472) Effective January 1, 2015.)
  89. 75583.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 6. Employment of Retired Judges [75580 - 75583] ( Article 6 added by Stats. 1994, Ch. 879, Sec. 11. )

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    Retired judges appointed as masters or referees must be paid extra compensation, and some travel and lodging expenses may also be covered.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 6. Employment of Retired Judges [75580 - 75583] ( Article 6 added by Stats. 1994, Ch. 879, Sec. 11. ) ## 75583. (a) 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 any such court 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 6 (commencing with Section 75570)) the difference, if any, between the retirement allowance and the compensation of a judge of the court from which he or she retired. (b) 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. (c) The extra compensation and expenses, if any, shall be chargeable to the state. (Added by Stats. 1994, Ch. 879, Sec. 11. Effective September 27, 1994. Operative November 9, 1994, by Sec. 16 of Ch. 879.)
  90. 75590.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 7. Survivor and Insurance Benefits [75590 - 75592] ( Article 7 added by Stats. 1994, Ch. 879, Sec. 11. )

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    This section lets a surviving spouse choose survivor benefits after a judge’s death, usually within 90 days, and sets the monthly allowance amounts and eligibility conditions.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 7. Survivor and Insurance Benefits [75590 - 75592] ( Article 7 added by Stats. 1994, Ch. 879, Sec. 11. ) ## 75590. (a) A surviving spouse of a judge who was eligible to retire pursuant to subdivision (a) of Section 75522 shall, within 90 days after the judge’s death, elect to receive either of the following: (1) A monthly retirement allowance equal to one-half of the judge’s benefit factor computed as stated in subdivision (d) of Section 75522 as of the date of death, multiplied by the judge’s final compensation multiplied by the number of years of service credit. This allowance shall be adjusted for changes in the cost of living as provided in Section 75523. (2) The judge’s monetary credits determined pursuant to Section 75520, including the credits added under subdivision (b) of that section computed to the last day of the month preceding the date of distribution. (b) On and after January 1, 2024, a surviving spouse of a judge who was not eligible to retire pursuant to subdivision (a) of Section 75522, but was eligible to retire pursuant to subdivision (b) of Section 75522.5, shall, within 90 days after the judge’s death, provided that the death occurs prior to January 1, 2029, elect to receive either of the following: (1) A monthly retirement allowance equal to one-half of the judge’s benefit factor computed as stated in paragraph (1) of subdivision (f) of Section 75522.5 as of the date of death, multiplied by the judge’s final compensation multiplied by the number of years of service credit. This allowance shall be adjusted for changes in the cost of living as provided in Section 75523. (2) The judge’s monetary credits determined pursuant to Section 75520, including the credits added under subdivision (b) of that section computed to the last day of the month preceding the date of distribution. (c) A surviving spouse of a retired judge who elected to receive a monthly allowance under subdivision (d) of Section 75522 or who was retired for disability and receiving an allowance under Section 75560.4 shall receive a monthly allowance equal to 50 percent of the deceased judge’s unmodified monthly retirement allowance. This allowance shall be adjusted for changes in the cost of living as provided in Section 75523. (d) (1) A surviving spouse of a retired judge who was receiving a retirement allowance under Section 75522.5 shall receive a monthly allowance equal to 50 percent of the deceased judge’s unmodified monthly retirement allowance. The surviving spouse’s allowance shall be adjusted for changes in the cost of living as provided in Section 75523. (2) A surviving spouse of a judge who elected to retire and receive a retirement allowance under Section 75522.5, but who died before receiving the retirement allowance, shall receive a monthly allowance equal to 50 percent of the unmodified monthly retirement allowance the deceased judge would have received pursuant to Section 75522.5 had the judge been living and receiving the retirement allowance, beginning the date the judge would have been eligible to receive the benefits under Section 75522.5. This allowance shall be adjusted for changes in the cost of living in the same manner as provided in Section 75523. (e) (1) Notwithstanding any other provision of this article to the contrary, the surviving spouse of a judge who (A) died in office, (B) had attained the minimum age for service retirement applicable to the judge preceding their death, with a minimum of 20 years of service, and (C) was eligible to receive an allowance pursuant to Section 75522, shall receive an allowance that is equal to the amount that the judge would have received if the judge had been retired from service on the date of death and had elected the optional settlement specified in subdivision (b) of Section 75571 and in Section 75573. (2) A surviving spouse receiving an allowance pursuant to this subdivision 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 System II Law. (3) The benefits provided by this subdivision are only payable to the surviving spouse of a judge who elects to come within this subdivision. That election may be made at any time while the judge is in office and, once made, the election is irrevocable. (f) Except as provided in paragraph (2) of subdivision (d), a monthly allowance payable to a surviving spouse pursuant to this section is payable commencing upon the death of the judge and continuing until the death of the surviving spouse. (Amended (as amended by Stats. 2022, Ch. 531, Sec. 4) by Stats. 2023, Ch. 159, Sec. 28. (SB 885) Effective January 1, 2024.)
  91. 75591.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 7. Survivor and Insurance Benefits [75590 - 75592] ( Article 7 added by Stats. 1994, Ch. 879, Sec. 11. )

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    This section gives a deceased judge’s surviving spouse, or if none then other listed survivors, the greater of the judge’s credits or three times the judge’s annual salary, paid over 36 months.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 7. Survivor and Insurance Benefits [75590 - 75592] ( Article 7 added by Stats. 1994, Ch. 879, Sec. 11. ) ## 75591. (a) A surviving spouse of a judge who dies before becoming eligible to retire pursuant to subdivision (a) of Section 75522 shall receive the greater of one of the following: (1) The judge’s monetary credits determined pursuant to Section 75520, including the credits added under subdivision (b) of that section computed to the last day of the month preceding the date of distribution. (2) Three times the judge’s annual salary at the time of his or her death. The amount shall be paid in equal monthly installments for a period of 36 months. (b) If there is no surviving spouse, the greater of the amounts prescribed in subdivision (a) shall be paid to the surviving children of the judge; or if none, to the judge’s designated beneficiary, or if none, to the judge’s estate. (Added by Stats. 1994, Ch. 879, Sec. 11. Effective September 27, 1994. Operative November 9, 1994, by Sec. 16 of Ch. 879.)
  92. 75592.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 7. Survivor and Insurance Benefits [75590 - 75592] ( Article 7 added by Stats. 1994, Ch. 879, Sec. 11. )

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    Each judge is to receive the same group term life insurance benefits as other constitutional officers and state managerial employees, and the Administrative Office of the Courts administers the benefit.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 7. Survivor and Insurance Benefits [75590 - 75592] ( Article 7 added by Stats. 1994, Ch. 879, Sec. 11. ) ## 75592. Each judge shall receive the same group term life insurance benefits as is granted to other constitutional officers and state managerial employees. The Administrative Office of the Courts shall administer the insurance benefit. (Added by Stats. 1994, Ch. 879, Sec. 11. Effective September 27, 1994. Operative November 9, 1994, by Sec. 16 of Ch. 879.)
  93. 7560.

    ## 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 26. Federal Funding [7560 - 7564] ( Heading of Chapter 26 renumbered from Chapter 25 (as renumbered from Chapter 24 by Stats. 1981, Ch. 714) by Stats. 1984, Ch. 193, Sec. 34. )

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    The Legislature states that California should receive federal funding, and that an expeditious process should exist to resolve interagency disputes when poor coordination risks that funding.

    ## 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 26. Federal Funding [7560 - 7564] ( Heading of Chapter 26 renumbered from Chapter 25 (as renumbered from Chapter 24 by Stats. 1981, Ch. 714) by Stats. 1984, Ch. 193, Sec. 34. ) ## 7560. It is the intent of the Legislature to assure receipt of federal funding by the State of California. It is also the intent of the Legislature to assure that if lack of interagency agreement or lack of coordination between state agencies jeopardizes state receipt of federal funds, including, but not limited to, funds available for services to handicapped children, an expeditious process shall exist for resolving such interagency matters. (Added by renumbering Section 7540 by Stats. 1981, Ch. 714, Sec. 165.)
  94. 75600.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 8. Fund [75600 - 75613] ( Article 8 added by Stats. 1994, Ch. 879, Sec. 11. )

    Verify source ↗

    The Judges’ Retirement System II Fund is held in the State Treasury under board control, must receive deposited assets, and pays applicable judges’ retirement allowances.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 8. Fund [75600 - 75613] ( Article 8 added by Stats. 1994, Ch. 879, Sec. 11. ) ## 75600. There is in the State Treasury, subject to the control of the board, a trust fund known as the Judges’ Retirement System II Fund. The fund shall receive all assets paid into it including, without limitation, judges’ contributions made pursuant to Sections 75601 and 75602 and the state’s contributions made pursuant to Section 75600.5. All retirement allowances payable by law to judges to whom this chapter is applicable shall be paid from that fund. Notwithstanding Section 13340, all moneys in the fund are continuously appropriated without regard to fiscal years, for payments which shall be made upon warrants drawn by the Controller upon demands made by the board. (Added by Stats. 1994, Ch. 879, Sec. 11. Effective September 27, 1994. Operative November 9, 1994, by Sec. 16 of Ch. 879.)
  95. 75600.5.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 8. Fund [75600 - 75613] ( Article 8 added by Stats. 1994, Ch. 879, Sec. 11. )

    Verify source ↗

    The Controller must make monthly transfers to the Judges’ Retirement System II Fund at a set rate, and the Board must annually review the fund and set the contribution rate process.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 8. Fund [75600 - 75613] ( Article 8 added by Stats. 1994, Ch. 879, Sec. 11. ) ## 75600.5. (a) The Controller shall at the end of each month ascertain the aggregate amount of the annual salaries, not including the additional compensation pursuant to Section 68203.1, of all judges covered by the Judges’ Retirement System II, and out of the General Fund he or she shall transfer monthly into the Judges’ Retirement System II Fund a sum equal to 18.8 percent of one-twelfth of the aggregate amount of those salaries. (b) As of June 30 of the first year this chapter is in effect, and annually thereafter, the board shall make an actuarial investigation into the fund’s experience, the ages of member judges, and other facts necessary to determine the actuarial soundness of the fund. Based on its investigation, the board shall determine the state contribution necessary to maintain or restore the actuarial soundness of the fund, stated as a percentage of judges’ salaries. (c) The state’s contribution as fixed under this chapter shall be adjusted thereafter from time to time in the annual Budget Act according to the following method. As part of the proposed budget submitted pursuant to Section 12 of Article IV of the California Constitution, the Governor shall include the contribution rate submitted by the board pursuant to subdivision (b). The Legislature shall adopt the contribution rate and authorize the appropriation in the Budget Act. (Amended by Stats. 2001, Ch. 118, Sec. 12. Effective July 30, 2001.)
  96. 75601.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 8. Fund [75600 - 75613] ( Article 8 added by Stats. 1994, Ch. 879, Sec. 11. )

    Verify source ↗

    The Controller must deduct 8% from certain judicial salaries each month and pay it into the Judges’ Retirement System II Fund, except as provided in Section 75605.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 8. Fund [75600 - 75613] ( Article 8 added by Stats. 1994, Ch. 879, Sec. 11. ) ## 75601. Except as provided in Section 75605, the Controller shall at the end of each month deduct 8 percent from the monthly salary, not including the additional compensation pursuant to Section 68203.1, of each justice of the Supreme Court and of the courts of appeal and of the portion paid by the state of the monthly salary of each judge of the superior court and shall cause this amount to be paid into the Judges’ Retirement System II Fund. (Amended by Stats. 2001, Ch. 118, Sec. 13. Effective July 30, 2001.)
  97. 75602.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 8. Fund [75600 - 75613] ( Article 8 added by Stats. 1994, Ch. 879, Sec. 11. )

    Verify source ↗

    County controllers or auditors must deduct 8% from the covered monthly salary of each superior court judge and pay it into the Judges’ Retirement System II Fund, except as provided in Section 75605.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 8. Fund [75600 - 75613] ( Article 8 added by Stats. 1994, Ch. 879, Sec. 11. ) ## 75602. Except as provided in Section 75605, the Controller or the auditor of each county shall deduct 8 percent from the portion paid by a county, or the Controller and the auditor, if appropriate, of the monthly salary, not including the additional compensation pursuant to Section 68203.1, of each judge of the superior court and cause this amount to be paid into the Judges’ Retirement System II Fund. (Amended by Stats. 2002, Ch. 784, Sec. 501. Effective January 1, 2003.)
  98. 75603.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 8. Fund [75600 - 75613] ( Article 8 added by Stats. 1994, Ch. 879, Sec. 11. )

    Verify source ↗

    The Legislature may increase the contribution rates set by Sections 75601 and 75602, in amounts it considers appropriate.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 8. Fund [75600 - 75613] ( Article 8 added by Stats. 1994, Ch. 879, Sec. 11. ) ## 75603. The Legislature reserves the right to increase the rates of contribution prescribed by Sections 75601 and 75602 in the amounts as it may find appropriate. (Added by Stats. 1994, Ch. 879, Sec. 11. Effective September 27, 1994. Operative November 9, 1994, by Sec. 16 of Ch. 879.)
  99. 75604.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 8. Fund [75600 - 75613] ( Article 8 added by Stats. 1994, Ch. 879, Sec. 11. )

    Verify source ↗

    The Legislature may reduce benefits for a person who becomes a judge subject to this chapter.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 8. Fund [75600 - 75613] ( Article 8 added by Stats. 1994, Ch. 879, Sec. 11. ) ## 75604. The Legislature reserves the right to reduce any benefits applicable to any person who becomes a judge who is subject to this chapter. (Added by Stats. 1994, Ch. 879, Sec. 11. Effective September 27, 1994. Operative November 9, 1994, by Sec. 16 of Ch. 879.)
  100. 75605.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 8. Fund [75600 - 75613] ( Article 8 added by Stats. 1994, Ch. 879, Sec. 11. )

    Verify source ↗

    The state and the county may pick up certain required judges’ retirement contributions to defer income taxes, and the payments must be reported as employer-paid normal contributions and credited to the judge’s account.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 8. Fund [75600 - 75613] ( Article 8 added by Stats. 1994, Ch. 879, Sec. 11. ) ## 75605. (a) Notwithstanding any other provision of law, the state and the county may pick up, for the sole purpose of deferring income taxes thereon, as authorized by Section 414(h)(2) of the Internal Revenue Code (26 U.S.C.A. Sec. 414(h)(2)) and Section 17501 of the Revenue and Taxation Code, all of the normal contributions required to be deducted under Sections 75601 and 75602, inclusive, and paid into the Judges’ Retirement System II Fund. The payments shall be reported as employer-paid normal contributions and shall be credited to the judge’s account. (b) Nothing in this section shall be construed to limit the authority of the state or the county to periodically eliminate the pickup by the state of all of the normal contributions required to be paid by a judge, as authorized by this section. (c) This section shall not affect the computation of a judge’s retirement allowance pursuant to this chapter. (Added by Stats. 1994, Ch. 879, Sec. 11. Effective September 27, 1994. Operative November 9, 1994, by Sec. 16 of Ch. 879.)
  101. 75605.1.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 8. Fund [75600 - 75613] ( Article 8 added by Stats. 1994, Ch. 879, Sec. 11. )

    Verify source ↗

    The state must pay the extra costs caused by increased retirement benefits and monetary credits under this section.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 8. Fund [75600 - 75613] ( Article 8 added by Stats. 1994, Ch. 879, Sec. 11. ) ## 75605.1. Calculations of retirement benefits and monetary credit under this chapter for any judge in the Voluntary Waiver of Salary Program, as described in paragraph (4) of subdivision (b) of Section 68106, shall include salary and contributions that would have been paid had the judge not been in the program. The state shall pay the costs that result from the increased benefits and monetary credits. (Added by Stats. 2009, Ch. 240, Sec. 5. (AB 399) Effective January 1, 2010.)
  102. 75606.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 8. Fund [75600 - 75613] ( Article 8 added by Stats. 1994, Ch. 879, Sec. 11. )

    Verify source ↗

    Judges in the stated situations may not withdraw their contributions under Section 75520 until the specified election, office-status, or service-end 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 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 8. Fund [75600 - 75613] ( Article 8 added by Stats. 1994, Ch. 879, Sec. 11. ) ## 75606. (a) A judge who has filed a declaration of candidacy for election or reelection to a judicial office may not withdraw his or her contributions under Section 75520 until after the election. If a judge is elected or reelected to a judicial office, he or she may not withdraw the contributions until that time as the judge has declined to accept the office or has ceased to hold the office to which he or she has been elected. (b) A judge who has been appointed, commissioned, or nominated to a judicial office of this state may not withdraw his or her contributions under Section 75520 until the judge has declined to serve or terminated his or her service in the latter office. (Amended by Stats. 2006, Ch. 118, Sec. 18. Effective January 1, 2007.)
  103. 75607.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 8. Fund [75600 - 75613] ( Article 8 added by Stats. 1994, Ch. 879, Sec. 11. )

    Verify source ↗

    The board may invest money in the Judges’ Retirement System II Fund, but only in the same manner and subject to the same restrictions as investments of the Public Employees’ Retirement Fund.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 8. Fund [75600 - 75613] ( Article 8 added by Stats. 1994, Ch. 879, Sec. 11. ) ## 75607. The board may invest the money contained in the Judges’ Retirement System II Fund in the same manner and subject to the same restrictions as investments of the Public Employees’ Retirement Fund. (Added by Stats. 1994, Ch. 879, Sec. 11. Effective September 27, 1994. Operative November 9, 1994, by Sec. 16 of Ch. 879.)
  104. 75608.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 8. Fund [75600 - 75613] ( Article 8 added by Stats. 1994, Ch. 879, Sec. 11. )

    Verify source ↗

    The Treasurer is the custodian of the Judges’ Retirement System II Fund, and the board must review retirement notices each month and arrange warrants from the State Treasury for entitled retired judges.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 8. Fund [75600 - 75613] ( Article 8 added by Stats. 1994, Ch. 879, Sec. 11. ) ## 75608. The Treasurer is the custodian of the Judges’ Retirement System II Fund. At the end of each month the board shall ascertain the written notices of voluntary retirement and the written certificates of involuntary retirement that have been filed with the Judges’ Retirement System II and cause warrants to be drawn upon the State Treasury in favor of each retired judge for the amount of the retirement allowance to which he or she is entitled. (Added by Stats. 1994, Ch. 879, Sec. 11. Effective September 27, 1994. Operative November 9, 1994, by Sec. 16 of Ch. 879.)
  105. 75609.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 8. Fund [75600 - 75613] ( Article 8 added by Stats. 1994, Ch. 879, Sec. 11. )

    Verify source ↗

    A retired judge or eligible surviving spouse may authorize deductions from the allowance for certain premiums and credit union shares or obligations.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 8. Fund [75600 - 75613] ( Article 8 added by Stats. 1994, Ch. 879, Sec. 11. ) ## 75609. A retired judge or the surviving spouse of a judge, entitled to receive an allowance pursuant to this chapter, may authorize deductions to be made from the allowance, in accordance with regulations established for the payment of group insurance premiums and other premiums provided for under Section 1157, as well as shares or obligations of any regularly chartered credit union. (Added by Stats. 1994, Ch. 879, Sec. 11. Effective September 27, 1994. Operative November 9, 1994, by Sec. 16 of Ch. 879.)
  106. 7561.

    ## 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 26. Federal Funding [7560 - 7564] ( Heading of Chapter 26 renumbered from Chapter 25 (as renumbered from Chapter 24 by Stats. 1981, Ch. 714) by Stats. 1984, Ch. 193, Sec. 34. )

    Verify source ↗

    The Superintendent of Public Instruction must supervise education and related services for handicapped children, and this chapter does not remove other state agencies’ existing duties to provide or pay for 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 26. Federal Funding [7560 - 7564] ( Heading of Chapter 26 renumbered from Chapter 25 (as renumbered from Chapter 24 by Stats. 1981, Ch. 714) by Stats. 1984, Ch. 193, Sec. 34. ) ## 7561. It is further the intent of the Legislature that there shall be a single line of responsibility with regard to the education of all handicapped children as required by Public Law 94-142. The Superintendent of Public Instruction shall be responsible for supervising education and related services for handicapped children specifically required pursuant to the federal requirements under the Education for All Handicapped Children Act of 1975, Public Law 94-142. Nothing in this chapter shall be construed to relieve another state agency from an otherwise valid obligation to provide or pay for services to a handicapped child. Furthermore, nothing in this chapter shall be interpreted so as to allow the Superintendent of Public Instruction to prescribe health care services. (Added by renumbering Section 7541 by Stats. 1981, Ch. 714, Sec. 166.)
  107. 75610.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 8. Fund [75600 - 75613] ( Article 8 added by Stats. 1994, Ch. 879, Sec. 11. )

    Verify source ↗

    Administration expenses for this article must be paid from the Judges’ Retirement System II Fund by appropriation.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 8. Fund [75600 - 75613] ( Article 8 added by Stats. 1994, Ch. 879, Sec. 11. ) ## 75610. Notwithstanding any other provision of law, all expenses of administration of this article shall be paid by appropriation from the Judges’ Retirement System II Fund. (Added by Stats. 1994, Ch. 879, Sec. 11. Effective September 27, 1994. Operative November 9, 1994, by Sec. 16 of Ch. 879.)
  108. 75611.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 8. Fund [75600 - 75613] ( Article 8 added by Stats. 1994, Ch. 879, Sec. 11. )

    Verify source ↗

    If the board finds an overpayment or excess payment by a judge, it must refund that amount to the judge.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 8. Fund [75600 - 75613] ( Article 8 added by Stats. 1994, Ch. 879, Sec. 11. ) ## 75611. If the board determines that there has been an overpayment of contributions or that any amount not required to be paid under this chapter has been paid by a judge, the board shall refund the amount of the overpayment or excess payment to the judge. So much money as may be necessary is hereby appropriated from the Judges’ Retirement System II Fund to the board for the purpose of making refunds pursuant to this section. (Added by Stats. 1994, Ch. 879, Sec. 11. Effective September 27, 1994. Operative November 9, 1994, by Sec. 16 of Ch. 879.)
  109. 75611.5.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 8. Fund [75600 - 75613] ( Article 8 added by Stats. 1994, Ch. 879, Sec. 11. )

    Verify source ↗

    This section lets the system waive collecting small underpayments, skip returning small contribution balances or overpayments, and avoid recalculating small benefit-payment differences.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 8. Fund [75600 - 75613] ( Article 8 added by Stats. 1994, Ch. 879, Sec. 11. ) ## 75611.5. (a) When there has been a payment of death benefits, a return of accumulated contributions, a contribution adjustment, or a deposit of contributions, this system may refrain from collecting an underpayment of accumulated contributions if the amount to be collected is two hundred fifty dollars ($250) or less. (b) Notwithstanding Section 75611, when there has been a payment of death benefits, a return of accumulated contributions, a contribution adjustment, or a deposit of contributions, and there is a balance of fifty dollars ($50) or less remaining posted to a member’s individual account, or an overpayment of fifty dollars ($50) or less was received, this system may dispense with a return of accumulated contributions. (c) When there is a positive or negative balance of two hundred fifty dollars ($250) or less remaining posted to a member’s individual account, or the balance exceeds two hundred fifty dollars ($250) but the difference to the monthly allowance unmodified by any optional settlement is less than five dollars ($5), this system may dispense with any recalculation of, or other adjustment to, benefit payments. (d) The dollar amounts specified in subdivisions (a) and (c) shall be adjusted in accordance with any changes in the dollar amounts specified in Section 12438. (Amended by Stats. 2019, Ch. 330, Sec. 27. (SB 782) Effective January 1, 2020.)
  110. 75612.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 8. Fund [75600 - 75613] ( Article 8 added by Stats. 1994, Ch. 879, Sec. 11. )

    Verify source ↗

    The board may assess a county a reasonable amount for late reports, and may charge interest on unpaid county payments until they are paid.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 8. Fund [75600 - 75613] ( Article 8 added by Stats. 1994, Ch. 879, Sec. 11. ) ## 75612. (a) The board may assess a county a reasonable amount to cover costs incurred because of the county’s failure to submit reports within 30 days of the date the reports are due. The payments of the assessments shall be credited to the Judges’ Retirement System II Fund. (b) The board may charge interest on the amount of any payment due and unpaid by a county until payment is received. Interest shall be charged at a rate approximating the average rate received on moneys then being invested. The interest charged shall be deemed interest earnings in the year in which received. (Added by Stats. 1994, Ch. 879, Sec. 11. Effective September 27, 1994. Operative November 9, 1994, by Sec. 16 of Ch. 879.)
  111. 75613.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 8. Fund [75600 - 75613] ( Article 8 added by Stats. 1994, Ch. 879, Sec. 11. )

    Verify source ↗

    Unclaimed retirement system payments or benefits are held or redeposited in the fund, and the board may later return the proceeds if satisfactory information is provided.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 11.5. Judges’ Retirement System II [75500 - 75613] ( Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11. ) ## ARTICLE 8. Fund [75600 - 75613] ( Article 8 added by Stats. 1994, Ch. 879, Sec. 11. ) ## 75613. (a) Whenever a person entitled to payment of a member’s contributions or any other benefit fails to claim the payment or cannot be located or a warrant in payment is canceled pursuant to Section 17070, the amount owed from the Judges’ Retirement System II Fund shall be administered pursuant to subdivision (c). (b) Whenever the amount of a benefit payable by this program cannot be determined because the recipient cannot be identified or information necessary to determination of the benefit to be paid cannot be ascertained, the contributions of the member on whose account the benefit is payable shall be administered pursuant to subdivision (c). (c) Notwithstanding any provision of law to the contrary, the amounts described in subdivisions (a) and (b) shall be held, or if a warrant has been drawn the warrant shall be redeposited in the fund and held for the claimant without accumulation of interest, and the redeposit shall not operate to reinstate the membership of the person with respect to whose membership the refund or benefit was payable in this system. If the proceeds, whether heretofore or hereafter redeposited, are not claimed within four years after the date of the redeposit, they shall revert to and become a part of the fund. Transfer to the fund shall be made as of the June 30 next following the expiration of the four-year period. (d) The board may at any time after transfer of proceeds to the fund upon receipt of proper information satisfactory to it, return the proceeds to the credit of the claimant, to be administered in the manner provided under this system. (Added by Stats. 1994, Ch. 879, Sec. 11. Effective September 27, 1994. Operative November 9, 1994, by Sec. 16 of Ch. 879.)
  112. 7562.

    ## 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 26. Federal Funding [7560 - 7564] ( Heading of Chapter 26 renumbered from Chapter 25 (as renumbered from Chapter 24 by Stats. 1981, Ch. 714) by Stats. 1984, Ch. 193, Sec. 34. )

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    If a state agency applies for federal funds to meet a mandatory legal responsibility and the application is denied, it must send specified information to three government bodies within 15 calendar days after notice of the denial.

    ## 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 26. Federal Funding [7560 - 7564] ( Heading of Chapter 26 renumbered from Chapter 25 (as renumbered from Chapter 24 by Stats. 1981, Ch. 714) by Stats. 1984, Ch. 193, Sec. 34. ) ## 7562. If any state agency applies for federal funds to meet a mandatory responsibility under federal or state law and such application is not approved, the state agency shall submit to the Department of Finance, the Office of Planning and Research and the Joint Legislative Budget Committee within 15 calendar days of its receipt of notification of the lack of approval of its application all of the following: (a) An identification of the federal program for which the application was not approved and the federal administering agency. (b) An estimate of the amount of funds affected by the lack of approval of the state agency application. (c) An indication of the reason or reasons the application was not approved. (d) A description of any issues pertaining to responsibilities or actions of other state or local agencies which have affected the lack of approval. (Added by renumbering Section 7542 by Stats. 1981, Ch. 714, Sec. 167.)
  113. 7563.

    ## 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 26. Federal Funding [7560 - 7564] ( Heading of Chapter 26 renumbered from Chapter 25 (as renumbered from Chapter 24 by Stats. 1981, Ch. 714) by Stats. 1984, Ch. 193, Sec. 34. )

    Verify source ↗

    The Joint Legislative Budget Committee must send a summary to specified legislative committees within 10 calendar days after it receives notice that an application for federal funds was not approved.

    ## 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 26. Federal Funding [7560 - 7564] ( Heading of Chapter 26 renumbered from Chapter 25 (as renumbered from Chapter 24 by Stats. 1981, Ch. 714) by Stats. 1984, Ch. 193, Sec. 34. ) ## 7563. The Joint Legislative Budget Committee shall submit to each member of the appropriate legislative policy committees and to each member of the legislative fiscal committees, within 10 calendar days of receipt of notification of a lack of approval of an application for federal funds reported to it pursuant to Section 7542, a summary of the information specified in subdivisions (a) through (d) of Section 7542. (Added by renumbering Section 7543 by Stats. 1981, Ch. 714, Sec. 168.)
  114. 7564.

    ## 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 26. Federal Funding [7560 - 7564] ( Heading of Chapter 26 renumbered from Chapter 25 (as renumbered from Chapter 24 by Stats. 1981, Ch. 714) by Stats. 1984, Ch. 193, Sec. 34. )

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    A state agency that has not gotten federal approval for a funding application must send a plan to three specified bodies within 30 calendar days after notice of the denial.

    ## 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 26. Federal Funding [7560 - 7564] ( Heading of Chapter 26 renumbered from Chapter 25 (as renumbered from Chapter 24 by Stats. 1981, Ch. 714) by Stats. 1984, Ch. 193, Sec. 34. ) ## 7564. Any state agency which has not received federal agency approval of an application for funds as described in Section 7542 shall submit to the Department of Finance, the Office of Planning and Research and the Joint Legislative Budget Committee within 30 calendar days of receipt of notification of such lack of approval a plan that includes, but is not limited to, any of the following: (a) Fostering expeditious receipt of the affected federal funds. (b) Resolving any disagreement or lack of coordination among state agencies or among local agencies which has interfered with federal agency approval of the application for federal funds. (Added by renumbering Section 7544 by Stats. 1981, Ch. 714, Sec. 169.)
  115. 7570.

    ## 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 26.5. Interagency Responsibilities for Providing Services to Children with Disabilities [7570 - 7587] ( Heading of Chapter 26.5 amended by Stats. 2002, Ch. 1168, Sec. 73. )

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    The Superintendent of Public Instruction and the Secretary of the Health and Human Services Agency share responsibility for using available state and federal resources to provide services to children with disabilities, and the Superintendent must oversee implementation of the 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 26.5. Interagency Responsibilities for Providing Services to Children with Disabilities [7570 - 7587] ( Heading of Chapter 26.5 amended by Stats. 2002, Ch. 1168, Sec. 73. ) ## 7570. Ensuring maximum utilization of all state and federal resources available to provide a child with a disability, as defined in Section 1401(3) of Title 20 of the United States Code, with a free appropriate public education, the provision of related services, as defined in Section 1401(26) of Title 20 of the United States Code, and designated instruction and services, as defined in Section 56363 of the Education Code, to a child with a disability, shall be the joint responsibility of the Superintendent of Public Instruction and the Secretary of the Health and Human Services Agency. The Superintendent of Public Instruction shall ensure that this chapter is carried out through monitoring and supervision. (Amended by Stats. 2007, Ch. 56, Sec. 95. Effective January 1, 2008.)
  116. 7571.

    ## 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 26.5. Interagency Responsibilities for Providing Services to Children with Disabilities [7570 - 7587] ( Heading of Chapter 26.5 amended by Stats. 2002, Ch. 1168, Sec. 73. )

    Verify source ↗

    The Secretary of the Health and Human Services Agency may designate a state department to take over Section 7570 responsibilities, and must designate a single county agency to coordinate Section 7572 service responsibilities.

    ## 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 26.5. Interagency Responsibilities for Providing Services to Children with Disabilities [7570 - 7587] ( Heading of Chapter 26.5 amended by Stats. 2002, Ch. 1168, Sec. 73. ) ## 7571. The Secretary of the Health and Human Services Agency may designate a department of state government to assume the responsibilities described in Section 7570. The secretary, or his or her designee, also shall designate a single agency in each county to coordinate the service responsibilities described in Section 7572. (Amended by Stats. 2007, Ch. 56, Sec. 96. Effective January 1, 2008.)
  117. 7572.

    ## 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 26.5. Interagency Responsibilities for Providing Services to Children with Disabilities [7570 - 7587] ( Heading of Chapter 26.5 amended by Stats. 2002, Ch. 1168, Sec. 73. )

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    This section requires disability-related assessment before related services are added to a child’s education plan and sets notice, participation, and review rules for parents, agencies, and team members.

    ## 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 26.5. Interagency Responsibilities for Providing Services to Children with Disabilities [7570 - 7587] ( Heading of Chapter 26.5 amended by Stats. 2002, Ch. 1168, Sec. 73. ) ## 7572. (a) A child shall be assessed in all areas related to the suspected disability by those qualified to make a determination of the child’s need for the service before any action is taken with respect to the provision of related services or designated instruction and services to a child, including, but not limited to, services in the areas of occupational therapy and physical therapy. All assessments required or conducted pursuant to this section shall be governed by the assessment procedures contained in Article 2 (commencing with Section 56320) of Chapter 4 of Part 30 of Division 4 of Title 2 of the Education Code. (b) Occupational therapy and physical therapy assessments shall be conducted by qualified medical personnel as specified in regulations developed by the State Department of Health Care Services in consultation with the State Department of Education. (c) A related service or designated instruction and service shall only be added to the child’s individualized education program by the individualized education program team, as described in Part 30 (commencing with Section 56000) of Division 4 of Title 2 of the Education Code, if a formal assessment has been conducted pursuant to this section, and a qualified person conducting the assessment recommended the service in order for the child to benefit from special education. In no case shall the inclusion of necessary related services in a pupil’s individualized education plan be contingent upon identifying the funding source. Nothing in this section shall prevent a parent from obtaining an independent assessment in accordance with subdivision (b) of Section 56329 of the Education Code, which shall be considered by the individualized education program team. (1) If an assessment has been conducted pursuant to subdivision (b), the recommendation of the person who conducted the assessment shall be reviewed and discussed with the parent and with appropriate members of the individualized education program team prior to the meeting of the individualized education program team. When the proposed recommendation of the person has been discussed with the parent and there is disagreement on the recommendation pertaining to the related service, the parent shall be notified in writing and may require the person who conducted the assessment to attend the individualized education program team meeting to discuss the recommendation. The person who conducted the assessment shall attend the individualized education program team meeting if requested. Following this discussion and review, the recommendation of the person who conducted the assessment shall be the recommendation of the individualized education program team members who are attending on behalf of the local educational agency. (2) If an independent assessment for the provision of related services or designated instruction and services is submitted to the individualized education program team, review of that assessment shall be conducted by the person specified in subdivision (b). The recommendation of the person who reviewed the independent assessment shall be reviewed and discussed with the parent and with appropriate members of the individualized education program team prior to the meeting of the individualized education program team. The parent shall be notified in writing and may request the person who reviewed the independent assessment to attend the individualized education program team meeting to discuss the recommendation. The person who reviewed the independent assessment shall attend the individualized education program team meeting if requested. Following this review and discussion, the recommendation of the person who reviewed the independent assessment shall be the recommendation of the individualized education program team members who are attending on behalf of the local educational agency. (3) Any disputes between the parent and team members representing the public agencies regarding a recommendation made in accordance with paragraphs (1) and (2) shall be resolved pursuant to Chapter 5 (commencing with Section 56500) of Part 30 of Division 4 of Title 2 of the Education Code. (d) Whenever a related service or designated instruction and service specified in subdivision (b) is to be considered for inclusion in the child’s individualized educational program, the local educational agency shall invite the responsible public agency representative to meet with the individualized education program team to determine the need for the service and participate in developing the individualized education program. If the responsible public agency representative cannot meet with the individualized education program team, then the representative shall provide written information concerning the need for the service pursuant to subdivision (c). Conference calls, together with written recommendations, are acceptable forms of participation. If the responsible public agency representative will not be available to participate in the individualized education program team meeting, the local educational agency shall ensure that a qualified substitute is available to explain and interpret the evaluation pursuant to subdivision (d) of Section 56341 of the Education Code. A copy of the information shall be provided by the responsible public agency to the parents or any adult pupil for whom no guardian or conservator has been appointed. (Amended by Stats. 2012, Ch. 162, Sec. 57. (SB 1171) Effective January 1, 2013.)
  118. 7573.

    ## 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 26.5. Interagency Responsibilities for Providing Services to Children with Disabilities [7570 - 7587] ( Heading of Chapter 26.5 amended by Stats. 2002, Ch. 1168, Sec. 73. )

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    The Superintendent of Public Instruction must ensure local education agencies provide required special education services, and local education agencies are responsible only for services provided by qualified personnel under the Education Code and 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 26.5. Interagency Responsibilities for Providing Services to Children with Disabilities [7570 - 7587] ( Heading of Chapter 26.5 amended by Stats. 2002, Ch. 1168, Sec. 73. ) ## 7573. The Superintendent of Public Instruction shall ensure that local education agencies provide special education and those related services and designated instruction and services contained in a child’s individualized education program that are necessary for the child to benefit educationally from his or her instructional program. Local education agencies shall be responsible only for the provision of those services which are provided by qualified personnel whose employment standards are covered by the Education Code and implementing regulations. (Added by Stats. 1984, Ch. 1747, Sec. 2. Section operative July 1, 1986, pursuant to Section 7588 (later repealed).)
  119. 7575.

    ## 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 26.5. Interagency Responsibilities for Providing Services to Children with Disabilities [7570 - 7587] ( Heading of Chapter 26.5 amended by Stats. 2002, Ch. 1168, Sec. 73. )

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    The department and local education agencies must provide certain therapy, related services, space, equipment, and home health aide services for eligible pupils under the listed 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 26.5. Interagency Responsibilities for Providing Services to Children with Disabilities [7570 - 7587] ( Heading of Chapter 26.5 amended by Stats. 2002, Ch. 1168, Sec. 73. ) ## 7575. (a) (1) Notwithstanding any other provision of law, the State Department of Health Care Services, or any designated local agency administering the California Children’s Services, shall be responsible for the provision of medically necessary occupational therapy and physical therapy, as specified by Article 5 (commencing with Section 123800) of Chapter 3 of Part 2 of Division 106 of the Health and Safety Code, by reason of medical diagnosis and when contained in the child’s individualized education program. (2) Related services or designated instruction and services not deemed to be medically necessary by the State Department of Health Care Services, that the individualized education program team determines are necessary in order to assist a child to benefit from special education, shall be provided by the local education agency by qualified personnel whose employment standards are covered by the Education Code and implementing regulations. (b) The department shall determine whether a California Children’s Services eligible pupil, or a pupil with a private medical referral needs medically necessary occupational therapy or physical therapy. A medical referral shall be based on a written report from a licensed physician and surgeon who has examined the pupil. The written report shall include the following: (1) The diagnosed neuromuscular, musculoskeletal, or physical disabling condition prompting the referral. (2) The referring physician’s treatment goals and objectives. (3) The basis for determining the recommended treatment goals and objectives, including how these will ameliorate or improve the pupil’s diagnosed condition. (4) The relationship of the medical disability to the pupil’s need for special education and related services. (5) Relevant medical records. (c) The department shall provide the service directly or by contracting with another public agency, qualified individual, or a state-certified nonpublic nonsectarian school or agency. (d) Local education agencies shall provide necessary space and equipment for the provision of occupational therapy and physical therapy in the most efficient and effective manner. (e) The department shall also be responsible for providing the services of a home health aide when the local education agency considers a less restrictive placement from home to school for a pupil for whom both of the following conditions exist: (1) The California Medical Assistance Program provides a life-supporting medical service via a home health agency during the time in which the pupil would be in school or traveling between school and home. (2) The medical service provided requires that the pupil receive the personal assistance or attention of a nurse, home health aide, parent or guardian, or some other specially trained adult in order to be effectively delivered. (Amended by Stats. 2012, Ch. 28, Sec. 1. (AB 1494) Effective June 27, 2012.)
  120. 7577.

    ## 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 26.5. Interagency Responsibilities for Providing Services to Children with Disabilities [7570 - 7587] ( Heading of Chapter 26.5 amended by Stats. 2002, Ch. 1168, Sec. 73. )

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    The State Department of Rehabilitation and the State Department of Education must jointly develop assessment procedures for disabled secondary school pupils, distribute them to local education agencies, and the Rehabilitation Department must keep current service levels and look for ways to add services if funds become available.

    ## 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 26.5. Interagency Responsibilities for Providing Services to Children with Disabilities [7570 - 7587] ( Heading of Chapter 26.5 amended by Stats. 2002, Ch. 1168, Sec. 73. ) ## 7577. (a) The State Department of Rehabilitation and the State Department of Education shall jointly develop assessment procedures for determining client eligibility for State Department of Rehabilitation services for disabled pupils in secondary schools to help them make the transition from high school to work. The assessment procedures shall be distributed to local education agencies. (b) The State Department of Rehabilitation shall maintain the current level of services to secondary school pupils in project work ability and shall seek ways to augment services with funds that may become available. (Amended by Stats. 1992, Ch. 759, Sec. 73. Effective September 21, 1992.)
  121. 7578.

    ## 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 26.5. Interagency Responsibilities for Providing Services to Children with Disabilities [7570 - 7587] ( Heading of Chapter 26.5 amended by Stats. 2002, Ch. 1168, Sec. 73. )

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    Three state education and health agencies must ensure special education programs and related services for disabled children and youth in state hospitals.

    ## 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 26.5. Interagency Responsibilities for Providing Services to Children with Disabilities [7570 - 7587] ( Heading of Chapter 26.5 amended by Stats. 2002, Ch. 1168, Sec. 73. ) ## 7578. The provision of special education programs and related services for disabled children and youth residing in state hospitals shall be ensured by the State Department of Developmental Services, the State Department of State Hospitals, and the Superintendent of Public Instruction in accordance with Chapter 8 (commencing with Section 56850) of Part 30 of the Education Code. (Amended by Stats. 2012, Ch. 440, Sec. 8. (AB 1488) Effective September 22, 2012.)
  122. 7579.

    ## 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 26.5. Interagency Responsibilities for Providing Services to Children with Disabilities [7570 - 7587] ( Heading of Chapter 26.5 amended by Stats. 2002, Ch. 1168, Sec. 73. )

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    Before a child is placed in an out-of-home residential facility, the placing agency must notify the local special education plan area administrator, and that administrator must provide program-availability 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 26.5. Interagency Responsibilities for Providing Services to Children with Disabilities [7570 - 7587] ( Heading of Chapter 26.5 amended by Stats. 2002, Ch. 1168, Sec. 73. ) ## 7579. (a) Prior to placing a disabled child or a child suspected of being disabled in a residential facility, outside the child’s home, a court, regional center for the developmentally disabled, or public agency other than an educational agency, shall notify the administrator of the special education local plan area in which the residential facility is located. The administrator of the special education local plan area shall provide the court or other placing agency with information about the availability of an appropriate public or nonpublic, nonsectarian special education program in the special education local plan area where the residential facility is located. (b) Notwithstanding Section 56159 of the Education Code, the involvement of the administrator of the special education local plan area in the placement discussion, pursuant to subdivision (a), shall in no way obligate a public education agency to pay for the residential costs and the cost of noneducational services for a child placed in a licensed children’s institution or foster family home. (c) It is the intent of the Legislature that this section will encourage communication between the courts and other public agencies that engage in referring children to, or placing children in, residential facilities, and representatives of local educational agencies. It is not the intent of this section to hinder the courts or public agencies in their responsibilities for placing disabled children in residential facilities when appropriate. (d) Any public agency other than an educational agency that places a disabled child or a child suspected of being disabled in a facility out of state without the involvement of the school district, special education local plan area, or county office of education in which the parent or guardian resides, shall assume all financial responsibility for the child’s residential placement, special education program, and related services in the other state unless the other state or its local agencies assume responsibility. (Amended by Stats. 2002, Ch. 585, Sec. 3. Effective January 1, 2003.)
  123. 7579.1.

    ## 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 26.5. Interagency Responsibilities for Providing Services to Children with Disabilities [7570 - 7587] ( Heading of Chapter 26.5 amended by Stats. 2002, Ch. 1168, Sec. 73. )

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    Before certain disabled children or youth are discharged, the hospital, facility, or placing agency must notify the school authorities in writing and share key education information; after discharge, the receiving school agency must place the child without delay.

    ## 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 26.5. Interagency Responsibilities for Providing Services to Children with Disabilities [7570 - 7587] ( Heading of Chapter 26.5 amended by Stats. 2002, Ch. 1168, Sec. 73. ) ## 7579.1. (a) Prior to the discharge of any disabled child or youth who has an active individualized education program from a public hospital, proprietary hospital, or residential medical facility pursuant to Article 5.5 (commencing with Section 56167) of Chapter 2 of Part 30 of the Education Code, a licensed children’s institution or foster family home pursuant to Article 5 (commencing with Section 56155) of Chapter 2 of Part 30 of the Education Code, or a state hospital or developmental center, the following shall occur: (1) The operator of the hospital or medical facility, or the agency that placed the child in the licensed children’s institution or foster family home, shall, at least 10 days prior to the discharge of a disabled child or youth, notify in writing the local educational agency in which the special education program for the child is being provided, and the receiving special education local plan area where the child is being transferred, of the impending discharge. (2) The operator or placing agency, as part of the written notification, shall provide the receiving special education local plan area with a copy of the child’s individualized education program, the identity of the individual responsible for representing the interests of the child for educational and related services for the impending placement, and other relevant information about the child that will be useful in implementing the child’s individualized education program in the receiving special education local plan area. (b) Once the disabled child or youth has been discharged, it shall be the responsibility of the receiving local educational agency to ensure that the disabled child or youth receives an appropriate educational placement that commences without delay upon his or her discharge from the hospital, institution, facility, or foster family home in accordance with Section 56325 of the Education Code. Responsibility for the provision of special education rests with the school district of residence of the parent or guardian of the child unless the child is placed in another hospital, institution, facility, or foster family home in which case the responsibility of special education rests with the school district in which the child resides pursuant to Sections 56156.4, 56156.6, and 56167 of the Education Code. (c) Special education local plan area directors shall document instances where the procedures in subdivision (a) are not being adhered to and report these instances to the Superintendent of Public Instruction. (Amended by Stats. 2014, Ch. 144, Sec. 20. (AB 1847) Effective January 1, 2015.)
  124. 7579.2.

    ## 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 26.5. Interagency Responsibilities for Providing Services to Children with Disabilities [7570 - 7587] ( Heading of Chapter 26.5 amended by Stats. 2002, Ch. 1168, Sec. 73. )

    Verify source ↗

    The Legislature says certain disabled individuals should be discharged to the community as close as possible to their parent’s, guardian’s, or conservator’s home.

    ## 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 26.5. Interagency Responsibilities for Providing Services to Children with Disabilities [7570 - 7587] ( Heading of Chapter 26.5 amended by Stats. 2002, Ch. 1168, Sec. 73. ) ## 7579.2. It is the intent of the Legislature that any disabled individual who has an active individualized education program and is being discharged from a state developmental center or state hospital be discharged to the community as close as possible to the home of the individual’s parent, guardian, or conservator in keeping with the individual’s right to receive special education and related services in the least restrictive environment. (Added by Stats. 1993, Ch. 939, Sec. 18. Effective October 8, 1993.)
  125. 7579.5.

    ## 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 26.5. Interagency Responsibilities for Providing Services to Children with Disabilities [7570 - 7587] ( Heading of Chapter 26.5 amended by Stats. 2002, Ch. 1168, Sec. 73. )

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    A local educational agency must appoint a surrogate parent for a child when required, and the surrogate parent must act for the child’s educational interests under this 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 26.5. Interagency Responsibilities for Providing Services to Children with Disabilities [7570 - 7587] ( Heading of Chapter 26.5 amended by Stats. 2002, Ch. 1168, Sec. 73. ) ## 7579.5. (a) In accordance with Section 1415(b)(2)(B) of Title 20 of the United States Code, a local educational agency shall make reasonable efforts to ensure the appointment of a surrogate parent not more than 30 days after there is a determination by the local educational agency that a child needs a surrogate parent. A local educational agency shall appoint a surrogate parent for a child in accordance with Section 300.519 of Title 34 of the Code of Federal Regulations under one or more of the following circumstances: (1) (A) The child is adjudicated a dependent or ward of the court pursuant to Section 300, 601, or 602 of the Welfare and Institutions Code upon referral of the child to the local educational agency for special education and related services, or if the child already has a valid individualized education program, (B) the court specifically has limited the right of the parent or guardian to make educational decisions for the child, and (C) the child has no responsible adult to represent him or her pursuant to Section 361 or 726 of the Welfare and Institutions Code or Section 56055 of the Education Code. (2) No parent for the child can be identified. (3) The local educational agency, after reasonable efforts, cannot discover the location of a parent. (b) When appointing a surrogate parent, the local educational agency, as a first preference, shall select a relative caretaker, foster parent, or court-appointed special advocate, if any of these individuals exists and is willing and able to serve. If none of these individuals is willing or able to act as a surrogate parent, the local educational agency shall select the surrogate parent of its choice. If the child is moved from the home of the relative caretaker or foster parent who has been appointed as a surrogate parent, the local educational agency shall appoint another surrogate parent if a new appointment is necessary to ensure adequate representation of the child. (c) For purposes of this section, the surrogate parent shall serve as the child’s parent and shall have the rights relative to the child’s education that a parent has under Title 20 (commencing with Section 1400) of the United States Code and pursuant to Part 300 of Title 34 (commencing with Section 300.1) of the Code of Federal Regulations. The surrogate parent may represent the child in matters relating to special education and related services, including the identification, assessment, instructional planning and development, educational placement, reviewing and revising the individualized education program, and in all other matters relating to the provision of a free appropriate public education of the child. Notwithstanding any other provision of law, this representation shall include the provision of written consent to the individualized education program including nonemergency medical services, mental health treatment services, and occupational or physical therapy services pursuant to this chapter. (d) The surrogate parent is required to meet with the child at least one time. He or she may also meet with the child on additional occasions, attend the child’s individualized education program team meetings, review the child’s educational records, consult with persons involved in the child’s education, and sign any consent relating to individualized education program purposes. (e) As far as practical, a surrogate parent should be culturally sensitive to his or her assigned child. (f) The surrogate parent shall comply with federal and state law pertaining to the confidentiality of student records and information and shall use discretion in the necessary sharing of the information with appropriate persons for the purpose of furthering the interests of the child. (g) The surrogate parent may resign from his or her appointment only after he or she gives notice to the local educational agency. (h) The local educational agency shall terminate the appointment of a surrogate parent if (1) the person is not properly performing the duties of a surrogate parent or (2) the person has an interest that conflicts with the interests of the child entrusted to his or her care. (i) Individuals who would have a conflict of interest in representing the child, as specified in Section 300.519(d) of Title 34 of the Code of Federal Regulations, shall not be appointed as a surrogate parent. “An individual who would have a conflict of interest,” for purposes of this section, means a person having any interests that might restrict or bias his or her ability to advocate for all of the services required to ensure that the child has a free appropriate public education. (j) Except for individuals who have a conflict of interest in representing the child, and notwithstanding any other law or regulation, individuals who may serve as surrogate parents include, but are not limited to, foster care providers, retired teachers, social workers, and probation officers who are not employees of the State Department of Education, the local educational agency, or any other agency that is involved in the education or care of the child. (1) A public agency authorized to appoint a surrogate parent under this section may select a person who is an employee of a nonpublic agency that only provides noneducational care for the child and who meets the other standards of this section. (2) A person who otherwise qualifies to be a surrogate parent under this section is not an employee of the local educational agency solely because he or she is paid by the local educational agency to serve as a surrogate parent. (k) The surrogate parent may represent the child until (1) the child is no longer in need of special education, (2) the minor reaches 18 years of age, unless the child chooses not to make educational decisions for himself or herself, or is deemed by a court to be incompetent, (3) another responsible adult is appointed to make educational decisions for the minor, or (4) the right of the parent or guardian to make educational decisions for the minor is fully restored. (l) The surrogate parent and the local educational agency appointing the surrogate parent shall be held harmless by the State of California when acting in their official capacity except for acts or omissions that are found to have been wanton, reckless, or malicious. (m) The State Department of Education shall develop a model surrogate parent training module and manual that shall be made available to local educational agencies. (n) Nothing in this section may be interpreted to prevent a parent or guardian of an individual with exceptional needs from designating another adult individual to represent the interests of the child for educational and related services. (o) If funding for implementation of this section is provided, it may only be provided from Item 6110-161-0890 of Section 2.00 of the annual Budget Act. (Amended by Stats. 2007, Ch. 56, Sec. 99. Effective January 1, 2008.)
  126. 7579.6.

    ## 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 26.5. Interagency Responsibilities for Providing Services to Children with Disabilities [7570 - 7587] ( Heading of Chapter 26.5 amended by Stats. 2002, Ch. 1168, Sec. 73. )

    Verify source ↗

    A judge may appoint a surrogate parent for a ward of the state if the surrogate meets Section 7579.5 requirements, and a local educational agency must appoint a surrogate parent for an unaccompanied homeless youth.

    ## 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 26.5. Interagency Responsibilities for Providing Services to Children with Disabilities [7570 - 7587] ( Heading of Chapter 26.5 amended by Stats. 2002, Ch. 1168, Sec. 73. ) ## 7579.6. (a) In accordance with Section 1415(b)(2)(A) of Title 20 of the United States Code, in the case of a child who is a ward of the state, the surrogate parent described in Section 7579.5 may alternatively be appointed by the judge overseeing the child’s care provided that the surrogate meets the requirements of Section 7579.5. (b) In the case of an unaccompanied homeless youth as defined in Section 725(6) of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(6)), the local educational agency shall appoint a surrogate parent in accordance with Section 7579.5 and Section 300.519(f) of Title 34 of the Code of Federal Regulations. (Amended by Stats. 2007, Ch. 56, Sec. 100. Effective January 1, 2008.)
  127. 7580.

    ## 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 26.5. Interagency Responsibilities for Providing Services to Children with Disabilities [7570 - 7587] ( Heading of Chapter 26.5 amended by Stats. 2002, Ch. 1168, Sec. 73. )

    Verify source ↗

    Before licensing or expanding certain community care facilities, the State Department of Social Services must consult the special education local plan area administrator.

    ## 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 26.5. Interagency Responsibilities for Providing Services to Children with Disabilities [7570 - 7587] ( Heading of Chapter 26.5 amended by Stats. 2002, Ch. 1168, Sec. 73. ) ## 7580. Prior to licensing a community care facility, as defined in Section 1502 of the Health and Safety Code, in which a disabled child or youth may be placed, or prior to a modification of a community care facility’s license to permit expansion of the facility, the State Department of Social Services shall consult with the administrator of the special education local plan area in order to consider the impact of licensure upon local education agencies. (Amended by Stats. 1992, Ch. 759, Sec. 77. Effective September 21, 1992.)
  128. 7581.

    ## 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 26.5. Interagency Responsibilities for Providing Services to Children with Disabilities [7570 - 7587] ( Heading of Chapter 26.5 amended by Stats. 2002, Ch. 1168, Sec. 73. )

    Verify source ↗

    The state or local education agency is not responsible for certain residential or noneducational costs; the placing agency or parent is responsible instead.

    ## 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 26.5. Interagency Responsibilities for Providing Services to Children with Disabilities [7570 - 7587] ( Heading of Chapter 26.5 amended by Stats. 2002, Ch. 1168, Sec. 73. ) ## 7581. The residential and noneducational costs of a child placed in a medical or residential facility by a public agency, other than a local education agency, or independently placed in a facility by the parent of the child, shall not be the responsibility of the state or local education agency, but shall be the responsibility of the placing agency or parent. (Added by Stats. 1984, Ch. 1747, Sec. 2. Section operative July 1, 1986, pursuant to Section 7588 (later repealed).)
  129. 7582.

    ## 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 26.5. Interagency Responsibilities for Providing Services to Children with Disabilities [7570 - 7587] ( Heading of Chapter 26.5 amended by Stats. 2002, Ch. 1168, Sec. 73. )

    Verify source ↗

    Certain assessments and therapy treatment services are exempt from financial eligibility standards and family repayment requirements when provided under 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 26.5. Interagency Responsibilities for Providing Services to Children with Disabilities [7570 - 7587] ( Heading of Chapter 26.5 amended by Stats. 2002, Ch. 1168, Sec. 73. ) ## 7582. Assessments and therapy treatment services provided under programs of the State Department of Health Care Services, or its designated local agencies, rendered to a child referred by a local education agency for an assessment or a disabled child or youth with an individualized education program, shall be exempt from financial eligibility standards and family repayment requirements for these services when rendered pursuant to this chapter. (Added by Stats. 2012, Ch. 28, Sec. 2. (AB 1494) Effective June 27, 2012. Note: A previous Section 7582 was repealed by Stats. 2012, Ch. 23, effective June 27, 2012.)
  130. 7584.

    ## 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 26.5. Interagency Responsibilities for Providing Services to Children with Disabilities [7570 - 7587] ( Heading of Chapter 26.5 amended by Stats. 2002, Ch. 1168, Sec. 73. )

    Verify source ↗

    This section defines “disabled youth,” “child,” and “pupil” for this chapter as individuals with exceptional needs under Section 56026 of the Education Code.

    ## 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 26.5. Interagency Responsibilities for Providing Services to Children with Disabilities [7570 - 7587] ( Heading of Chapter 26.5 amended by Stats. 2002, Ch. 1168, Sec. 73. ) ## 7584. As used in this chapter, “disabled youth,” “child,” or “pupil” means individuals with exceptional needs as defined in Section 56026 of the Education Code. (Amended by Stats. 1992, Ch. 759, Sec. 79. Effective September 21, 1992.)
  131. 7585.

    ## 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 26.5. Interagency Responsibilities for Providing Services to Children with Disabilities [7570 - 7587] ( Heading of Chapter 26.5 amended by Stats. 2002, Ch. 1168, Sec. 73. )

    Verify source ↗

    If a required service is not provided, the parent, adult pupil, or local educational agency must notify the Superintendent or the Secretary, and the agencies must follow a fast dispute-resolution process.

    ## 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 26.5. Interagency Responsibilities for Providing Services to Children with Disabilities [7570 - 7587] ( Heading of Chapter 26.5 amended by Stats. 2002, Ch. 1168, Sec. 73. ) ## 7585. (a) Whenever a department or local agency designated by that department fails to provide a related service or designated instruction and service required pursuant to Section 7575, and specified in the pupil’s individualized education program, the parent, adult pupil, if applicable, or a local educational agency referred to in this chapter, shall submit a written notification of the failure to provide the service to the Superintendent of Public Instruction or the Secretary of California Health and Human Services. (b) When either the Superintendent or the secretary receives a written notification of the failure to provide a service as specified in subdivision (a), a copy shall immediately be transmitted to the other party. The Superintendent, or his or her designee, and the secretary, or his or her designee, shall meet to resolve the issue within 15 calendar days of receipt of the notification. A written copy of the meeting resolution shall be mailed to the parent, the local educational agency, and affected departments, within 10 days of the meeting. (c) If the issue cannot be resolved within 15 calendar days to the satisfaction of the Superintendent and the secretary, they shall jointly submit the issue in writing to the Director of the Office of Administrative Hearings, or his or her designee, in the Department of General Services. (d) The Director of the Office of Administrative Hearings, or his or her designee, shall review the issue and submit his or her findings in the case to the Superintendent and the secretary within 30 calendar days of receipt of the case. The decision of the director, or his or her designee, shall be binding on the departments and their designated agencies who are parties to the dispute. (e) If the meeting, conducted pursuant to subdivision (b), fails to resolve the issue to the satisfaction of the parent or local educational agency, either party may appeal to the director, whose decision shall be the final administrative determination and binding on all parties. (f) Whenever notification is filed pursuant to subdivision (a), the pupil affected by the dispute shall be provided with the appropriate related service or designated instruction and service pending resolution of the dispute, if the pupil had been receiving the service. The Superintendent and the secretary shall ensure that funds are available for the provision of the service pending resolution of the issue pursuant to subdivision (e). (g) This section does not prevent a parent or adult pupil from filing for a due process hearing under Section 7586. (h) The contract between the State Department of Education and the Office of Administrative Hearings for conducting due process hearings shall include payment for services rendered by the Office of Administrative Hearings which are required by this section. (Amended by Stats. 2011, Ch. 43, Sec. 40. (AB 114) Effective June 30, 2011.)
  132. 7586.

    ## 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 26.5. Interagency Responsibilities for Providing Services to Children with Disabilities [7570 - 7587] ( Heading of Chapter 26.5 amended by Stats. 2002, Ch. 1168, Sec. 73. )

    Verify source ↗

    State departments and their local agencies must follow specified federal procedural safeguards, hearing requests go to the Superintendent of Public Instruction, related issues are resolved in one due process hearing, and public agencies may not request such a hearing against another public agency.

    ## 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 26.5. Interagency Responsibilities for Providing Services to Children with Disabilities [7570 - 7587] ( Heading of Chapter 26.5 amended by Stats. 2002, Ch. 1168, Sec. 73. ) ## 7586. (a) All state departments, and their designated local agencies, shall be governed by the procedural safeguards required in Section 1415 of Title 20 of the United States Code. A due process hearing arising over a related service or designated instruction and service shall be filed with the Superintendent of Public Instruction. Resolution of all issues shall be through the due process hearing process established in Chapter 5 (commencing with Section 56500) of Part 30 of Division 4 of the Education Code. The decision issued in the due process hearing shall be binding on the department having responsibility for the services in issue as prescribed by this chapter. (b) Upon receipt of a request for a due process hearing involving an agency other than an educational agency, the Superintendent of Public Instruction shall immediately notify the state and local agencies involved by sending a copy of the request to the agencies. (c) All hearing requests that involve multiple services that are the responsibility of more than one state department shall give rise to one hearing with all responsible state or local agencies joined as parties. (d) No public agency, state or local, may request a due process hearing pursuant to Section 56501 of the Education Code against another public agency. (Added by Stats. 1984, Ch. 1747, Sec. 2. Section operative July 1, 1986, pursuant to Section 7588 (later repealed).)
  133. 7587.

    ## 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 26.5. Interagency Responsibilities for Providing Services to Children with Disabilities [7570 - 7587] ( Heading of Chapter 26.5 amended by Stats. 2002, Ch. 1168, Sec. 73. )

    Verify source ↗

    State departments must develop needed regulations by January 1, 1986, and the directors must adopt them as emergency 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 26.5. Interagency Responsibilities for Providing Services to Children with Disabilities [7570 - 7587] ( Heading of Chapter 26.5 amended by Stats. 2002, Ch. 1168, Sec. 73. ) ## 7587. By January 1, 1986, each state department named in this chapter shall develop regulations, as necessary, for the department or designated local agency to implement this act. All regulations shall be reviewed by the Superintendent of Public Instruction prior to filing with the Office of Administrative Law, in order to ensure consistency with federal and state laws and regulations governing the education of disabled children. The directors of each department shall adopt all regulations pursuant to this section as emergency regulations in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2. For the purpose of the Administrative Procedure Act, the adoption of the regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare. These regulations shall not be subject to the review and approval of the Office of Administrative Law and shall not be subject to automatic repeal until the final regulations take effect on or before June 30, 1997, and the final regulations shall become effective immediately upon filing with the Secretary of State. Regulations adopted pursuant to this section shall be developed with the maximum feasible opportunity for public participation and comments. (Amended by Stats. 1996, Ch. 654, Sec. 4. Effective January 1, 1997.)
  134. 7591.

    ## 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 28. Olympic Training Center [7591 - 7592] ( Chapter 28 added by Stats. 1989, Ch. 1182, Sec. 2. )

    Verify source ↗

    The section appropriates $15 million from the General Fund to the Trade and Commerce Agency for a loan tied to developing a California Olympic Training Center.

    ## 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 28. Olympic Training Center [7591 - 7592] ( Chapter 28 added by Stats. 1989, Ch. 1182, Sec. 2. ) ## 7591. (a) The amount of fifteen million dollars ($15,000,000) is appropriated, subject to subdivision (b), from the General Fund to the Trade and Commerce Agency for a loan for allocation over three years in three equal amounts to that nonprofit organization currently named the San Diego National Sports Training Foundation, for purposes of developing and constructing, with the participation and advice of the United States Olympic Committee, a California Olympic Training Center. (b) The loan allocations provided for by this section shall be made no earlier than December 31, of 1990, 1991, and 1992, and shall be made only if the San Diego National Sports Training Foundation is able and willing by each of those dates to provide the sum of five million dollars ($5,000,000), for purposes of developing and constructing, with the participation and advice of the United States Olympic Committee, a California Olympic Training Center. (c) Notwithstanding any other provision of law, any outstanding loan balance and any accrued interest that exist on the operative date of the act adding this subdivision shall not be required to be repaid. (Amended by Stats. 2010, Ch. 719, Sec. 25. (SB 856) Effective October 19, 2010.)
  135. 7591.5.

    ## 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 28. Olympic Training Center [7591 - 7592] ( Chapter 28 added by Stats. 1989, Ch. 1182, Sec. 2. )

    Verify source ↗

    The Secretary of Trade and Commerce must remove any lien connected to a Section 7591 loan by January 1, 1999.

    ## 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 28. Olympic Training Center [7591 - 7592] ( Chapter 28 added by Stats. 1989, Ch. 1182, Sec. 2. ) ## 7591.5. The Secretary of Trade and Commerce shall remove any lien placed in connection with a loan authorized pursuant to Section 7591 by January 1, 1999. In requiring the removal of the lien placed on property owned by the United States Olympic Committee, the Legislature does not intend to relieve the San Diego National Sports Training Foundation from its obligation to repay the loan made pursuant to Section 7591. (Added by Stats. 1998, Ch. 328, Sec. 11. Effective August 21, 1998.)
  136. 7592.

    ## 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 28. Olympic Training Center [7591 - 7592] ( Chapter 28 added by Stats. 1989, Ch. 1182, Sec. 2. )

    Verify source ↗

    A California Olympic Training Account exists in the General Fund, and the Controller must transfer it to the General Fund 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 28. Olympic Training Center [7591 - 7592] ( Chapter 28 added by Stats. 1989, Ch. 1182, Sec. 2. ) ## 7592. There is in the General Fund the California Olympic Training Account. The account shall consist of those revenues derived from the additional vehicle registration fees provided for in Section 5023 of the Vehicle Code and shall be annually transferred to the General Fund by the Controller. (Amended by Stats. 2010, Ch. 719, Sec. 26. (SB 856) Effective October 19, 2010.)
  137. 7593.

    ## 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 29. Selective Service Cooperation [7593 - 7593.1] ( Chapter 29 added by Stats. 1989, Ch. 496, Sec. 1. )

    Verify source ↗

    The Legislature states that the federal Selective Service System registration program is in the national interest because it helps ensure readiness for mobilization in a future national emergency.

    ## 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 29. Selective Service Cooperation [7593 - 7593.1] ( Chapter 29 added by Stats. 1989, Ch. 496, Sec. 1. ) ## 7593. The Legislature finds and declares that the federal Selective Service System registration program is considered to be in the national interest because it helps to ensure necessary readiness for mobilization in the event of any future national emergency. (Added by Stats. 1989, Ch. 496, Sec. 1.)
  138. 7593.1.

    ## 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 29. Selective Service Cooperation [7593 - 7593.1] ( Chapter 29 added by Stats. 1989, Ch. 496, Sec. 1. )

    Verify source ↗

    State agencies must cooperate with the United States Selective Service System to publicize compliance with the federal Military Selective Service 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 29. Selective Service Cooperation [7593 - 7593.1] ( Chapter 29 added by Stats. 1989, Ch. 496, Sec. 1. ) ## 7593.1. All state agencies shall cooperate with the United States Selective Service System in efforts to publicize the necessity of, and requirements for, compliance with the federal military Selective Service Act (50 U.S.C. Sec. 451 et seq.). Any actions to implement this chapter shall be mutually agreed to by the state agency and the United States Selective Service System prior to implementation of this chapter. Any costs incurred by a state agency in implementing this chapter shall be reimbursed by the United States Selective Service System. (Added by Stats. 1989, Ch. 496, Sec. 1.)
  139. 7593.5.

    ## 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 29.5. Pacific Leatherback Sea Turtle [7593.5- 7593.5.] ( Chapter 29.5 added by Stats. 2012, Ch. 591, Sec. 3. )

    Verify source ↗

    This section designates October 15, 2013, and every October 15 after that, as Pacific Leatherback Sea Turtle Conservation Day, and encourages schools and agencies to support education and conservation efforts.

    ## 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 29.5. Pacific Leatherback Sea Turtle [7593.5- 7593.5.] ( Chapter 29.5 added by Stats. 2012, Ch. 591, Sec. 3. ) ## 7593.5. (a) October 15, 2013, and every October 15 thereafter, is hereby designated as Pacific Leatherback Sea Turtle Conservation Day. (b) The Legislature encourages California public schools to include Pacific leatherback sea turtles in their teaching lessons and curriculum whenever possible. (c) The Legislature encourages state and federal agencies, nongovernmental agencies, fishers, coastal tour operators, and other interested stakeholders to establish and participate in a statewide, voluntary Pacific leatherback sea turtle watch to record sightings of the Pacific leatherback sea turtle in California and West Coast waters. (d) The Legislature encourages state and federal agencies to build cooperative relationships with the Western Pacific island nations where Pacific leatherback sea turtles return to nest in order to increase awareness and conservation of this critically endangered species. (e) The Legislature urges state and federal agencies to take proactive conservation measures and prevent further threats to Pacific leatherback sea turtles and their habitats. (Added by Stats. 2012, Ch. 591, Sec. 3. (AB 1776) Effective January 1, 2013.)
  140. 7594.

    ## 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 30. Youth Achievement [7594- 7594.] ( Chapter 30 added by Stats. 1990, Ch. 397, Sec. 1. )

    Verify source ↗

    The last week of August, starting in 1991, is designated as California’s Salute to Youth Achievement Week.

    ## 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 30. Youth Achievement [7594- 7594.] ( Chapter 30 added by Stats. 1990, Ch. 397, Sec. 1. ) ## 7594. The last week of August commencing in 1991, is hereby designated as California’s Salute to Youth Achievement Week. The purpose of California’s Salute to Youth Achievement Week shall be to salute those youths who have made outstanding contributions to their cities and communities. The Governor and Legislature shall annually issue such proclamations and resolutions as they may deem appropriate drawing public attention to this week, and encouraging the private sector and state and local agencies to initiate activities and events to salute those youths who have made outstanding contributions to their cities and communities. (Added by Stats. 1990, Ch. 397, Sec. 1.)
  141. 7594.5.

    ## 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 30.5. Braille Week [7594.5- 7594.5.] ( Chapter 30.5 added by Stats. 1994, Ch. 104, Sec. 1. )

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    The first week in January, starting in 1995, is designated as Braille Literacy Week.

    ## 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 30.5. Braille Week [7594.5- 7594.5.] ( Chapter 30.5 added by Stats. 1994, Ch. 104, Sec. 1. ) ## 7594.5. The first week in January, commencing in 1995, is hereby designated as Braille Literacy Week. The purpose of California’s Braille Literacy Week shall be to heighten citizen awareness of the great importance of braille and the great need to continue to provide braille reading materials for blind and visually impaired persons. The Governor and the Legislature shall annually issue proclamations and resolutions as they deem appropriate drawing public attention to this week in order to encourage the private sector and state and local agencies to initiate activities recognizing blind and visually impaired persons. (Added by Stats. 1994, Ch. 104, Sec. 1. Effective January 1, 1995.)
  142. 7595.

    ## 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 31. Public Offices Hours [7595- 7595.] ( Chapter 31 added by Stats. 1990, Ch. 1506, Sec. 1. )

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    State agencies that offer over-the-counter public information or services must keep those services available during the lunch hour, from 11:30 a.m. to 1:30 p.m., when the office is open to the public.

    ## 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 31. Public Offices Hours [7595- 7595.] ( Chapter 31 added by Stats. 1990, Ch. 1506, Sec. 1. ) ## 7595. All state agencies which provide over-the-counter information and services directly to the public shall provide those services during the customary lunch hours of 11:30 a.m. to 1:30 p.m. on those days that the offices are open to the public. This section shall not apply to any state office which has three or less full-time employees who are not peace officers at an office on any single day. (Added by Stats. 1990, Ch. 1506, Sec. 1.)
  143. 7596.

    ## 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 32. Smoking in Public Buildings [7596 - 7598] ( Chapter 32 added by Stats. 2003, Ch. 342, Sec. 1. )

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    This section defines key terms used in the chapter on smoking in public buildings.

    ## 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 32. Smoking in Public Buildings [7596 - 7598] ( Chapter 32 added by Stats. 2003, Ch. 342, Sec. 1. ) ## 7596. As used in this chapter, the following terms have the following meanings: (a) “Public building” means a building owned and occupied, or leased and occupied, by the state, a county, a city, a city and county, or a California community college district. (1) “Inside a public building” includes all indoor areas of the building, except for covered parking lots and residential space. “Inside a public building” also includes any indoor space leased to the state, county, or city, except for covered parking lots and residential space. (2) “Residential space” means a private living area, but it does not include common areas such as lobbies, lounges, waiting areas, elevators, stairwells, and restrooms that are a structural part of a multicomplex building such as a dormitory. (3) (A) “Covered parking lot” means an area designated for the parking of vehicles that is enclosed or contains a roof or ceiling. “Covered parking lot” does not include lobbies, lounges, waiting areas, elevators, stairwells, and restrooms that are a structural part of the parking lot or a building to which it is attached. (B) The application of this subparagraph shall not supersede or render inapplicable permitted smoking of tobacco products under this chapter within any other part of a covered parking lot not specifically listed in subparagraph (1). (b) “State” or “state agency” means a state agency, as defined pursuant to Section 11000, the Legislature, the Supreme Court and the courts of appeal, and each campus of the California State University and the University of California. (c) “Public employee” means an employee of a state agency or an employee of a county or city. (Amended by Stats. 2006, Ch. 736, Sec. 1. Effective January 1, 2007.)
  144. 7597.

    ## 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 32. Smoking in Public Buildings [7596 - 7598] ( Chapter 32 added by Stats. 2003, Ch. 342, Sec. 1. )

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    Public employees and the public may not smoke a tobacco product in a public building, within 20 feet of certain building openings, or in a state-owned passenger vehicle.

    ## 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 32. Smoking in Public Buildings [7596 - 7598] ( Chapter 32 added by Stats. 2003, Ch. 342, Sec. 1. ) ## 7597. (a) No public employee or member of the public shall smoke a tobacco product inside a public building, or in an outdoor area within 20 feet of a main exit, entrance, or operable window of a public building, or in a passenger vehicle, as defined by Section 465 of the Vehicle Code, owned by the state. (b) This section shall not preempt the authority of any county, city, city and county, California Community College campus, campus of the California State University, or campus of the University of California to adopt and enforce additional smoking and tobacco control ordinances, regulations, or policies that are more restrictive than the applicable standards required by this chapter. (c) For purposes of this section, “smoke” and “smoking” have the same meaning as in subdivision (c) of Section 22950.5 of the Business and Professions Code. (d) For purposes of this section, “tobacco product” means a product or device as defined in subdivision (d) of Section 22950.5 of the Business and Professions Code. (Amended by Stats. 2016, 2nd Ex. Sess., Ch. 7, Sec. 10. (SB 5 2x) Effective June 9, 2016.)
  145. 7597.1.

    ## 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 32. Smoking in Public Buildings [7596 - 7598] ( Chapter 32 added by Stats. 2003, Ch. 342, Sec. 1. )

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    Campus governing bodies may set enforcement standards and fines for smoking/tobacco policy violations, and campuses that adopt those measures must post policy signs and notify employees and students.

    ## 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 32. Smoking in Public Buildings [7596 - 7598] ( Chapter 32 added by Stats. 2003, Ch. 342, Sec. 1. ) ## 7597.1. (a) The governing bodies of the California State University, the University of California, and each community college district have the authority to: (1) Set enforcement standards for their local campuses. (2) Impose a fine for a first, second, and third offense and for each subsequent offense. The amount of fines is to be determined by the local governing body. Funds shall be allocated to include, but not be limited to, the designated enforcement agency, education and promotion of the policy, and tobacco cessation treatment options. The civil penalty shall not exceed one hundred dollars ($100). (b) If a campus adopts the enforcement and fine measures in subdivision (a), it shall, and the campuses of the University of California may, post signs stating their tobacco use policy on campus, as follows: (1) The locations at which smoking or tobacco use is prohibited on campus. (2) The locations at which smoking or tobacco use is permitted on campus. (c) If a campus adopts the enforcement and fine measure in subdivision (a), it shall, and a campus of the University of California may, inform employees and students of the tobacco use policy and enforcement measures employed on their campus. (Added by Stats. 2011, Ch. 617, Sec. 1. (AB 795) Effective January 1, 2012.)
  146. 7598.

    ## 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 32. Smoking in Public Buildings [7596 - 7598] ( Chapter 32 added by Stats. 2003, Ch. 342, Sec. 1. )

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    A public employee or other person may smoke in an outdoor area of a public building, unless Section 7597 applies or smoking is otherwise prohibited by law and a prohibition sign is posted.

    ## 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 32. Smoking in Public Buildings [7596 - 7598] ( Chapter 32 added by Stats. 2003, Ch. 342, Sec. 1. ) ## 7598. Except as provided in Section 7597, a public employee or other person may smoke in any outdoor area of a public building unless otherwise prohibited by state law or local ordinance and a sign describing the prohibition is posted by the state, county, or city agency or other appropriate entity. (Added by Stats. 2003, Ch. 342, Sec. 1. Effective January 1, 2004.)
  147. 7598.5.

    ## 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 32.5. The 4th Amendment Protection Act [7598.5- 7598.5.] ( Chapter 32.5 added by Stats. 2014, Ch. 861, Sec. 1. )

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    The state may not help a federal agency collect a person’s electronic information or metadata when it knows the request is for an illegal or unconstitutional collection.

    ## 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 32.5. The 4th Amendment Protection Act [7598.5- 7598.5.] ( Chapter 32.5 added by Stats. 2014, Ch. 861, Sec. 1. ) ## 7598.5. (a) For the purposes of this section, the following definitions shall apply: (1) “Electronically stored information” means data that is created, altered, communicated, and stored in digital form. (2) “Metadata” means data bearing the record of and not the content of communication, including, but not limited to, the time, date, location, duration, origin, or subject of the communication, and the identity of the person, persons, group, or entity sending or receiving the message. (b) The state shall not provide material support, participation, or assistance in response to a request from a federal agency or an employee of a federal agency to collect the electronically stored information or metadata of any person if the state has actual knowledge that the request constitutes an illegal or unconstitutional collection of electronically stored information or metadata. (Added by renumbering Section 7599 (as added by Stats. 2014, Ch. 861, Sec. 1) by Stats. 2023, Ch. 311, Sec. 1. (SB 883) Effective January 1, 2024.)
  148. 7599.

    ## 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 33. Creation of Safe Neighborhoods and Schools Fund [7599 - 7599.2] ( Chapter 33 added November 4, 2014, by initiative Proposition 47, Sec. 4. )

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    This section creates the Safe Neighborhoods and Schools Fund in the State Treasury and makes it continuously appropriated for the chapter’s purposes.

    ## 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 33. Creation of Safe Neighborhoods and Schools Fund [7599 - 7599.2] ( Chapter 33 added November 4, 2014, by initiative Proposition 47, Sec. 4. ) ## 7599. (a) A fund to be known as the “Safe Neighborhoods and Schools Fund” is hereby created within the State Treasury and, notwithstanding Section 13340 of the Government Code, is continuously appropriated without regard to fiscal year for carrying out the purposes of this chapter. (b) For purposes of the calculations required by Section 8 of Article XVI of the California Constitution, funds transferred to the Safe Neighborhoods and Schools Fund shall be considered General Fund revenues which may be appropriated pursuant to Article XIII B. (Added November 4, 2014, by initiative Proposition 47, Sec. 4.)
  149. 7599.1.

    ## 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 33. Creation of Safe Neighborhoods and Schools Fund [7599 - 7599.2] ( Chapter 33 added November 4, 2014, by initiative Proposition 47, Sec. 4. )

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    The Director of Finance must calculate yearly savings and certify the result to the Controller, and the Controller must transfer that amount to the Safe Neighborhoods and Schools Fund by the stated 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 33. Creation of Safe Neighborhoods and Schools Fund [7599 - 7599.2] ( Chapter 33 added November 4, 2014, by initiative Proposition 47, Sec. 4. ) ## 7599.1. Funding Appropriation. (a) On or before July 31, 2016, and on or before July 31 of each fiscal year thereafter, the Director of Finance shall calculate the savings that accrued to the state from the implementation of the act adding this chapter (“this act”) during the fiscal year ending June 30, as compared to the fiscal year preceding the enactment of this act. In making the calculation required by this subdivision, the Director of Finance shall use actual data or best available estimates where actual data is not available. The calculation shall be final and shall not be adjusted for any subsequent changes in the underlying data. The Director of Finance shall certify the results of the calculation to the Controller no later than August 1 of each fiscal year. (b) Before August 15, 2016, and before August 15 of each fiscal year thereafter, the Controller shall transfer from the General Fund to the Safe Neighborhoods and Schools Fund the total amount calculated pursuant to subdivision (a). (c) Moneys in the Safe Neighborhoods and Schools Fund shall be continuously appropriated for the purposes of this act. Funds transferred to the Safe Neighborhoods and Schools Fund shall be used exclusively for the purposes of this act and shall not be subject to appropriation or transfer by the Legislature for any other purpose. The funds in the Safe Neighborhoods and Schools Fund may be used without regard to fiscal year. (Added November 4, 2014, by initiative Proposition 47, Sec. 4.)
  150. 7599.100.

    ## 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 34. Green Empowerment Zone for the Northern Waterfront area of the County of Contra Costa [7599.100 - 7599.105] ( Chapter 34 added by Stats. 2021, Ch. 377, Sec. 1. )

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    This section allows a Green Empowerment Zone to be established in the Northern Waterfront area of Contra Costa County and lets the board of directors adjust its geography or add jurisdictions.

    ## 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 34. Green Empowerment Zone for the Northern Waterfront area of the County of Contra Costa [7599.100 - 7599.105] ( Chapter 34 added by Stats. 2021, Ch. 377, Sec. 1. ) ## 7599.100. (a) A Green Empowerment Zone for the Northern Waterfront area of the County of Contra Costa may be established. The geography of the zone shall extend to the territories of the cities listed in subdivision (c) and the unincorporated areas of the County of Contra Costa north of State Highway 4. The board of directors may, by majority vote, change the geography of the Green Empowerment Zone. (b) The purpose of the Green Empowerment Zone is to build upon the comparative advantage provided by the regional concentration of highly skilled energy industry workers by prioritizing access to tax incentives, grants, loan programs, workforce training programs, and private sector investment in the renewable energy sector. (c) The Green Empowerment Zone may include all of the following cities and the county upon the adoption of a resolution by the legislative body of each city and county that states the intent of the city or county to participate in the Green Empowerment Zone: (1) The City of Antioch. (2) The City of Benicia. (3) The City of Brentwood. (4) The City of Concord. (5) The City of El Cerrito. (6) The City of Hercules. (7) The City of Martinez. (8) The City of Oakley. (9) The City of Pinole. (10) The City of Pittsburg. (11) The City of Richmond. (12) The City of San Pablo. (13) The City of Vallejo. (14) The County of Contra Costa. (d) The board of directors may vote to include additional jurisdictions in the membership of the Green Empowerment Zone. (e) (1) The legislative body of a city or county listed in subdivision (c) may remove the land within its jurisdiction from the empowerment zone by adopting a resolution stating that it no longer wishes to participate. (2) The resolution ending participation in the empowerment zone shall identify a final date for inclusion in the empowerment zone, which shall be no later than 60 days from the adoption of the resolution. (3) Any benefits or incentives awarded before the adoption of a resolution removing the jurisdiction from the empowerment zone shall continue under the same terms and conditions as would have been applied if the jurisdiction were still in the empowerment zone for not fewer than two years. (Amended by Stats. 2025, Ch. 213, Sec. 1. (SB 227) Effective October 1, 2025. Repealed as of January 1, 2040, pursuant to Section 7599.105.)
  151. 7599.101.

    ## 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 34. Green Empowerment Zone for the Northern Waterfront area of the County of Contra Costa [7599.100 - 7599.105] ( Chapter 34 added by Stats. 2021, Ch. 377, Sec. 1. )

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    This section sets up the Green Empowerment Zone board, how members are appointed, how long they serve, when they can be removed, and conflict-of-interest and meeting 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 34. Green Empowerment Zone for the Northern Waterfront area of the County of Contra Costa [7599.100 - 7599.105] ( Chapter 34 added by Stats. 2021, Ch. 377, Sec. 1. ) ## 7599.101. (a) The Green Empowerment Zone shall be governed by a board of directors composed of representatives from eight stakeholder groups who shall serve as voting directors and who shall participate in meetings and serve as liaisons with their appointing entities and related organizations, as follows: (1) Fourteen local government directors, one from each of the cities and the county set forth in subdivision (c) of Section 7599.100 that have adopted a resolution expressing its intent to participate in the Green Empowerment Zone. Each city and county shall select one representative. (2) (A) Five employer directors that represent large private employers in the fields of energy or manufacturing within the area of the Green Empowerment Zone or vested in the success of the Green Empowerment Zone, who are selected by the board. (B) Employer size shall be based on data from the local workforce board and the boundaries of the empowerment zone at the time the director is selected. (3) (A) Three state and regional directors, one from each of the following state or regional boards, commissions, or entities: (i) The California Transportation Commission. (ii) The California Workforce Development Board or a regional workforce development entity, as selected by the board of directors of the Green Empowerment Zone, that serves the Green Empowerment Zone. (iii) The California Energy Commission. (B) Each board, commission, or entity shall select a representative to the Green Empowerment Zone. (4) Five small business and economic development directors who shall represent existing economic and business development organizations that serve the cities or the county listed in subdivision (c) of Section 7599.100. These small business and economic development representatives shall be nominated by the Association of Bay Area Governments and confirmed by the board. (5) Three directors from universities, laboratories, foundations, or nonprofit entities with specialized expertise and knowledge of green energy. These university, laboratory, foundation, and nonprofit representatives shall be selected by the board. (6) Five directors representing the largest private sector organized labor organizations whose membership works in the cities and the county listed in subdivision (c) of Section 7599.100. Each union shall select its own representative to the Green Empowerment Zone board. (7) Five directors representing workforce development and public and private educational entities that serve cities or the county listed in subdivision (c) of Section 7599.100, at least one of whom shall be a representative from the California State University and at least one of whom shall be a representative from the California Community Colleges. These workforce development and education representatives shall be nominated by the Association of Bay Area Governments and confirmed by the board. (8) Seven directors who live or work in the Green Empowerment Zone representing environmental or environmental justice organizations or interests, who shall be selected by the board. (b) Confirmation of a nominee for membership on the board of directors shall be by majority vote of the sitting members of the board. (c) Each member of the board shall have an alternate appointed by their appointing entity. (d) All stakeholder group representatives on the board of directors shall serve a two-year term and may be reappointed by their appointing body for up to three additional terms. (e) (1) No representative for a public stakeholder entity shall retain their seat on the board of directors after ceasing to hold the position that qualifies them to be an eligible representative for the board. (2) (A) The board member’s eligibility from a private entity shall be determined by the board in consultation with the appointing entity if there is one. (B) The board shall have an approved policy for making the determination before taking any action to determine the eligibility of a board member pursuant to this subparagraph. (f) A vacancy on the board shall be filled for the unexpired term by the selection and appointment process used to appoint the director whose position has become vacant. (g) (1) A director who fails to attend at least 50 percent of the board meetings in any 12-month period is subject to removal from the board. (2) The board shall have an approved policy for making the determination before taking any action to determine the eligibility of a board member pursuant to this paragraph. (h) Every Member of the Legislature and of the United States Congress that represents a city listed in subdivision (c) of Section 7599.100, or their appointed representative, shall be an ex officio voting member of the board of directors. (i) A board chair and two deputy chairs shall be selected by a majority vote of the board. The chair and deputy chairs shall serve two-year terms and may be re-selected by a majority vote of the board for up to three additional terms. The chair and deputy chairs shall be chosen from among the following: (1) One member shall be a Member of the Legislature who represents one or more of the cities or the county listed in subdivision (c) of Section 7599.100. (2) One member shall be a representative from a local agency in a city or county listed in subdivision (c) of Section 7599.100. (3) One member shall be a representative whose residence and place of employment is within one or more of the cities or the county listed in subdivision (c) of Section 7599.100. (j) (1) The board shall meet at least four times per year. (2) Additional meetings may be called at the discretion of the chair or of a majority of the executive committee. (k) The members of the board of directors shall serve without compensation. (l) The board shall be subject to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5). (m) A member of the board of directors, including the chair, shall, upon identifying a conflict of interest, or a potential conflict of interest, regarding a matter before the board of directors of the Green Empowerment Zone, immediately and before consideration of the matter, do all of the following: (1) Provide written notice to the chair regarding the interest that gives rise to the conflict of interest or potential conflict of interest. In the case of the chair, written notice shall be given to one of the deputy chairs. (2) Recuse themselves from discussing or voting on the matter. (3) Leave the meeting room until after discussion, vote, and any other consideration of disposition of the matter is concluded. (n) A member of the board of directors shall not use the name of the Green Empowerment Zone on any letterhead, business code, or identification badge unless the person has been authorized to do so by the board of directors. (Amended by Stats. 2025, Ch. 213, Sec. 2. (SB 227) Effective October 1, 2025. Repealed as of January 1, 2040, pursuant to Section 7599.105.)
  152. 7599.102.

    ## 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 34. Green Empowerment Zone for the Northern Waterfront area of the County of Contra Costa [7599.100 - 7599.105] ( Chapter 34 added by Stats. 2021, Ch. 377, Sec. 1. )

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    The Green Empowerment Zone must carry out several duties for the Northern Waterfront area of Contra Costa County, including identifying projects, working with officials and institutions, reviewing policies, making recommendations, and maintaining a website.

    ## 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 34. Green Empowerment Zone for the Northern Waterfront area of the County of Contra Costa [7599.100 - 7599.105] ( Chapter 34 added by Stats. 2021, Ch. 377, Sec. 1. ) ## 7599.102. The Green Empowerment Zone shall have the following duties: (a) Identification of projects and programs that will best utilize public dollars and most quickly improve the economic vitality of the Northern Waterfront area of the County of Contra Costa, especially those that leverage federal, state, local, and private sector resources in a coordinated effort to support the development of the clean energy economy. (b) Work with members of the state’s congressional delegation and federal official, including any relevant federal interagency task force, to gain federal support for projects identified by the zone as critical to the region‘s energy economy. (c) Partner with the University of California, the California State University, community colleges, and the state’s other research and educational institutions, as well as private foundations, to provide guidance, advice, and encouragement in support of studies of particular interest and importance to the energy industry in the Northern Waterfront area of the County of Contra Costa. (d) Review state policies and regulations to ensure they are fair and appropriate for the state’s diverse geographic regions, including the Northern Waterfront area of the County of Contra Costa, and determine whether alternative approaches can accomplish goals in less costly ways. (e) Make recommendations to the Governor that would improve the economic well-being of the region and the quality of life of its residents. (f) Create and maintain an internet website that is managed and updated by an entity designated by the board of directors. (Added by Stats. 2021, Ch. 377, Sec. 1. (AB 844) Effective January 1, 2022. Repealed as of January 1, 2040, pursuant to Section 7599.105.)
  153. 7599.103.

    ## 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 34. Green Empowerment Zone for the Northern Waterfront area of the County of Contra Costa [7599.100 - 7599.105] ( Chapter 34 added by Stats. 2021, Ch. 377, Sec. 1. )

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    The board must appoint an executive committee by January 1, 2026, and the committee must develop progress metrics. Starting July 1, 2026, the Green Empowerment Zone must post the report on its website and send a letter to the Legislature each year saying the report was posted.

    ## 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 34. Green Empowerment Zone for the Northern Waterfront area of the County of Contra Costa [7599.100 - 7599.105] ( Chapter 34 added by Stats. 2021, Ch. 377, Sec. 1. ) ## 7599.103. (a) (1) The board shall appoint an executive committee, on or before January 1, 2026, that shall be composed of the chair, deputy chairs, and up to seven members of the board of directors approved by a majority vote. (2) The committee shall develop metrics that shall be reported to the Legislature and state departments and agencies gauging the progress of the zone that shall include, but not be limited to, all of the following: (A) The number of jobs gained and lost in each sector of the economy. (B) The average wage of the jobs gained in each sector of the economy. (C) The number and types of grants solicited and received by, or on behalf of, the zone. (D) The type and amount of workforce training conducted in the zone, by whom it was provided, and the amount of capital investment attached to provision of that training. (b) Commencing on July 1, 2026, and on or before January 1 of each year thereafter, the Green Empowerment Zone shall post the report described in subdivision (a) on its internet website and submit a letter to the Legislature informing the Legislature that the report has been posted. (Amended by Stats. 2025, Ch. 213, Sec. 3. (SB 227) Effective October 1, 2025. Repealed as of January 1, 2040, pursuant to Section 7599.105.)
  154. 7599.104.

    ## 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 34. Green Empowerment Zone for the Northern Waterfront area of the County of Contra Costa [7599.100 - 7599.105] ( Chapter 34 added by Stats. 2021, Ch. 377, Sec. 1. )

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    This section defines “Board” and the term “Green Empowerment Zone” for 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 34. Green Empowerment Zone for the Northern Waterfront area of the County of Contra Costa [7599.100 - 7599.105] ( Chapter 34 added by Stats. 2021, Ch. 377, Sec. 1. ) ## 7599.104. For the purposes of this chapter, the following definitions apply: (a) “Board” means the board of directors as described in Section 7599.101. (b) “Green Empowerment Zone for the Northern Waterfront area of the County of Contra Costa,” “Green Empowerment Zone,” “empowerment zone,” or “zone” means a zone authorized and established pursuant to Section 7599.100. (Added by Stats. 2025, Ch. 213, Sec. 5. (SB 227) Effective October 1, 2025. Repealed as of January 1, 2040, pursuant to Section 7599.105.)
  155. 7599.105.

    ## 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 34. Green Empowerment Zone for the Northern Waterfront area of the County of Contra Costa [7599.100 - 7599.105] ( Chapter 34 added by Stats. 2021, Ch. 377, Sec. 1. )

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    This chapter ends on January 1, 2040, when it is repealed.

    ## 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 34. Green Empowerment Zone for the Northern Waterfront area of the County of Contra Costa [7599.100 - 7599.105] ( Chapter 34 added by Stats. 2021, Ch. 377, Sec. 1. ) ## 7599.105. This chapter shall remain in effect only until January 1, 2040, and as of that date is repealed. (Added by renumbering Section 7599.104 by Stats. 2025, Ch. 213, Sec. 4. (SB 227) Effective October 1, 2025. Repealed as of January 1, 2040, by its own provisions. Note: Repeal affects Chapter 34, commencing with Section 7599.100.)
  156. 7599.110.

    ## 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 35. Online Marketplace Suspected Stolen Goods Act [7599.110 - 7599.113] ( Chapter 35 added by Stats. 2022, Ch. 855, Sec. 1. )

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    This chapter is named the Online Marketplace Suspected Stolen Goods 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 35. Online Marketplace Suspected Stolen Goods Act [7599.110 - 7599.113] ( Chapter 35 added by Stats. 2022, Ch. 855, Sec. 1. ) ## 7599.110. This chapter shall be known as the Online Marketplace Suspected Stolen Goods Act. (Added by Stats. 2022, Ch. 855, Sec. 1. (AB 1700) Effective January 1, 2023.)
  157. 7599.111.

    ## 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 35. Online Marketplace Suspected Stolen Goods Act [7599.110 - 7599.113] ( Chapter 35 added by Stats. 2022, Ch. 855, Sec. 1. )

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    This section defines key terms used in the chapter, including “online marketplace,” “regional property crimes task force,” and “third-party seller.”

    ## 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 35. Online Marketplace Suspected Stolen Goods Act [7599.110 - 7599.113] ( Chapter 35 added by Stats. 2022, Ch. 855, Sec. 1. ) ## 7599.111. For purposes of this chapter, the following shall apply: (a) “Online marketplace” means any electronically based or accessed platform that may be accessed on an internet website or through an application, and that does both of the following: (1) Includes features that allow for, facilitate, or enable third-party sellers to engage in the sale, purchase, payment, storage, shipping, or delivery of a consumer product in the state. (2) Hosts one or more third-party sellers. (b) “Regional property crimes task force” means a task force convened pursuant to Chapter 13 (commencing with Section 13899) of Title 6 of Part 4 of the Penal Code. (c) “Third-party seller” means any individual or business entity, independent of an operator, facilitator, or owner of an online marketplace, who sells, offers to sell, or contracts to sell a product in the state through an online marketplace. (Added by Stats. 2022, Ch. 855, Sec. 1. (AB 1700) Effective January 1, 2023.)
  158. 7599.112.

    ## 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 35. Online Marketplace Suspected Stolen Goods Act [7599.110 - 7599.113] ( Chapter 35 added by Stats. 2022, Ch. 855, Sec. 1. )

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    The Attorney General must set up a website reporting location for suspected stolen goods by January 1, 2023, and share reported information with local law enforcement and a regional property crimes task force.

    ## 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 35. Online Marketplace Suspected Stolen Goods Act [7599.110 - 7599.113] ( Chapter 35 added by Stats. 2022, Ch. 855, Sec. 1. ) ## 7599.112. (a) By January 1, 2023, the Attorney General shall establish an online marketplace suspected stolen goods reporting location on its internet website for individuals to report items found on online marketplaces that they suspect are stolen goods. (b) The Attorney General shall provide information reported in subdivision (a) to the applicable local law enforcement agencies and regional property crimes task force. (Added by Stats. 2022, Ch. 855, Sec. 1. (AB 1700) Effective January 1, 2023.)
  159. 7599.113.

    ## 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 35. Online Marketplace Suspected Stolen Goods Act [7599.110 - 7599.113] ( Chapter 35 added by Stats. 2022, Ch. 855, Sec. 1. )

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    An online marketplace must display a link to the stolen-goods reporting location on the Attorney General’s website, and the link must be easy for users to see.

    ## 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 35. Online Marketplace Suspected Stolen Goods Act [7599.110 - 7599.113] ( Chapter 35 added by Stats. 2022, Ch. 855, Sec. 1. ) ## 7599.113. (a) Beginning February 1, 2023, an online marketplace shall display on its electronically based or accessed platform a link to the online marketplace suspected stolen goods reporting location on the Attorney General’s internet website established in Section 7599.112. (b) The display shall be clearly, conspicuously, and reasonably designed to be seen by all users of the platform. (Added by Stats. 2022, Ch. 855, Sec. 1. (AB 1700) Effective January 1, 2023.)
  160. 7599.2.

    ## 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 33. Creation of Safe Neighborhoods and Schools Fund [7599 - 7599.2] ( Chapter 33 added November 4, 2014, by initiative Proposition 47, Sec. 4. )

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    The Controller must distribute Safe Neighborhoods and Schools Fund money each year, limit administrative spending to 5%, audit the grant programs every two years, and the funds cannot replace existing state or local funding.

    ## 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 33. Creation of Safe Neighborhoods and Schools Fund [7599 - 7599.2] ( Chapter 33 added November 4, 2014, by initiative Proposition 47, Sec. 4. ) ## 7599.2. Distribution of Moneys from the Safe Neighborhoods and Schools Fund. (a) By August 15 of each fiscal year beginning in 2016, the Controller shall disburse moneys deposited in the Safe Neighborhoods and Schools Fund as follows: (1) Twenty‑five percent to the State Department of Education, to administer a grant program to public agencies aimed at improving outcomes for public school pupils in kindergarten and grades 1 to 12, inclusive, by reducing truancy and supporting students who are at risk of dropping out of school or are victims of crime. (2) Ten percent to the California Victim Compensation Board, to make grants to trauma recovery centers to provide services to victims of crime pursuant to Section 13963.1 of the Government Code. (3) Sixty‑five percent to the Board of State and Community Corrections, to administer a grant program to public agencies aimed at supporting mental health treatment, substance abuse treatment, and diversion programs for people in the criminal justice system, with an emphasis on programs that reduce recidivism of people convicted of less serious crimes, such as those covered by this measure, and those who have substance abuse and mental health problems. (b) For each program set forth in paragraphs (1) to (3), inclusive, of subdivision (a), the agency responsible for administering the programs shall not spend more than 5 percent of the total funds it receives from the Safe Neighborhoods and Schools Fund on an annual basis for administrative costs. (c) Every two years, the Controller shall conduct an audit of the grant programs operated by the agencies specified in paragraphs (1) to (3), inclusive, of subdivision (a) to ensure the funds are disbursed and expended solely according to this chapter and shall report his or her findings to the Legislature and the public. (d) Any costs incurred by the Controller and the Director of Finance in connection with the administration of the Safe Neighborhoods and Schools Fund, including the costs of the calculation required by Section 7599.1 and the audit required by subdivision (c), as determined by the Director of Finance, shall be deducted from the Safe Neighborhoods and Schools Fund before the funds are disbursed pursuant to subdivision (a). (e) The funding established pursuant to this act shall be used to expand programs for public school pupils in kindergarten and grades 1 to 12, inclusive, victims of crime, and mental health and substance abuse treatment and diversion programs for people in the criminal justice system. These funds shall not be used to supplant existing state or local funds utilized for these purposes. (f) Local agencies shall not be obligated to provide programs or levels of service described in this chapter above the level for which funding has been provided. (Amended by Stats. 2016, Ch. 31, Sec. 62. (SB 836) Effective June 27, 2016. Note: This section was added on Nov. 4, 2014, by initiative Prop. 47.)
  161. 7599.200.

    ## 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 36. Funding for the Homelessness, Drug Addiction, and Theft Reduction Act [7599.200- 7599.200.] ( Chapter 36 added November 5, 2024, by initiative Proposition 36, Sec. 14. )

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    This section names the act and lets the Board of State and Community Corrections allocate certain funds to counties and local governments for specified programs. It also says eligible defendants charged with a treatment-mandated felony may receive appropriate Medi-Cal or Medicare services, and counties or local governments may contract with state health agencies to provide those programs.

    ## 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 36. Funding for the Homelessness, Drug Addiction, and Theft Reduction Act [7599.200- 7599.200.] ( Chapter 36 added November 5, 2024, by initiative Proposition 36, Sec. 14. ) ## 7599.200. (a) This chapter shall be known as the Funding for the Homelessness, Drug Addiction, and Theft Reduction Act. (b) From moneys disbursed to the Board of State and Community Corrections pursuant to paragraph (3) of subdivision (a) of Section 7599.2 and Section 6046.2 of the Penal Code, the Board of State and Community Corrections may allocate appropriate funds to counties and local governments for programs specified in Section 11395 of the Health and Safety Code. This provision shall not preclude funding for this act from any other source, including, but not limited to, the Local Revenue Fund 2011 established under Section 30025 and other funds designated for substance abuse and mental health treatment. (c) A defendant charged with a treatment-mandated felony is eligible for any appropriate Medi-Cal or Medicare programs or services, including, but not limited to, those described in clauses (iii) to (v), inclusive, of subparagraph (B) of paragraph (16) of subdivision (f) of Section 30025, for the defendant’s programs specified in Section 11395 of the Health and Safety Code. A county or local government may contract directly with the State Department of Health Care Services or any other applicable state agency to provide for the provision or administration of any applicable Medi-Cal or Medicare treatment programs. (Added November 5, 2024, by initiative Proposition 36, Sec. 14. Effective December 18, 2024. Approved in Proposition 36 at the November 5, 2024, election.)
  162. 7600.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 8. SECURITIES OWNED BY STATE AGENCIES [7600 - 7605] ( Division 8 added by Stats. 1975, Ch. 1214. ) ## CHAPTER 1. Investment of Securities Owned by State Agencies [7600 - 7605] ( Chapter 1 added by Stats. 1975, Ch. 1214. ) ## ARTICLE 1. General [7600 - 7601] ( Article 1 added by Stats. 1975, Ch. 1214. )

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    The Legislature states that certain state agencies may invest marketable securities through security loan agreements and should do so prudently.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 8. SECURITIES OWNED BY STATE AGENCIES [7600 - 7605] ( Division 8 added by Stats. 1975, Ch. 1214. ) ## CHAPTER 1. Investment of Securities Owned by State Agencies [7600 - 7605] ( Chapter 1 added by Stats. 1975, Ch. 1214. ) ## ARTICLE 1. General [7600 - 7601] ( Article 1 added by Stats. 1975, Ch. 1214. ) ## 7600. It is the intent of the Legislature that: (a) Specified state agencies be authorized to invest marketable securities by entering into security loan agreements; (b) State agencies charged with such authority exercise prudence in making such agreements; (c) Sound fiscal management be established with respect to transactions involving security agreements. (Added by Stats. 1975, Ch. 1214.)
  163. 76000.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 12. County Penalties [76000 - 76252] ( Chapter 12 added by Stats. 1991, Ch. 189, Sec. 11. ) ## ARTICLE 1. Penalties [76000 - 76000.5] ( Article 1 added by Stats. 1991, Ch. 189, Sec. 11. )

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    This section adds county court penalties and sets how they must be collected and deposited, including special rules for parking offenses and local funds.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 12. County Penalties [76000 - 76252] ( Chapter 12 added by Stats. 1991, Ch. 189, Sec. 11. ) ## ARTICLE 1. Penalties [76000 - 76000.5] ( Article 1 added by Stats. 1991, Ch. 189, Sec. 11. ) ## 76000. (a) (1) Except as otherwise provided elsewhere in this section, in each county there shall be levied an additional penalty in the amount of seven dollars ($7) for every ten dollars ($10), or part of ten dollars ($10), upon every fine, penalty, or forfeiture imposed and collected by the courts for all criminal offenses, including all offenses involving a violation of the Vehicle Code or any local ordinance adopted pursuant to the Vehicle Code. (2) This additional penalty shall be collected together with and in the same manner as the amounts established by Section 1464 of the Penal Code. These moneys shall be taken from fines and forfeitures deposited with the county treasurer prior to any division pursuant to Section 1463 of the Penal Code. The county treasurer shall deposit those amounts specified by the board of supervisors by resolution in one or more of the funds established pursuant to this chapter. However, deposits to these funds shall continue through whatever period of time is necessary to repay any borrowings made by the county on or before January 1, 1991, to pay for construction provided for in this chapter. (3) This additional penalty does not apply to the following: (A) Any restitution fine. (B) Any penalty authorized by Section 1464 of the Penal Code or this chapter. (C) Any parking offense subject to Article 3 (commencing with Section 40200) of Chapter 1 of Division 17 of the Vehicle Code. (D) The state surcharge authorized by Section 1465.7 of the Penal Code. (b) In each authorized county, provided that the board of supervisors has adopted a resolution stating that the implementation of this subdivision is necessary to the county for the purposes authorized, with respect to each authorized fund established pursuant to Section 76100 or 76101, for every parking offense where a parking penalty, fine, or forfeiture is imposed, an added penalty of two dollars and fifty cents ($2.50) shall be included in the total penalty, fine, or forfeiture. Except as provided in subdivision (c), for each parking case collected in the courts of the county, the county treasurer shall place in each authorized fund two dollars and fifty cents ($2.50). These moneys shall be taken from fines and forfeitures deposited with the county treasurer prior to any division pursuant to Section 1462.3 or 1463.009 of the Penal Code. The judges of the county shall increase the bail schedule amounts as appropriate to reflect the added penalty provided for by this section. In those cities, districts, or other issuing agencies which elect to accept parking penalties, and otherwise process parking violations pursuant to Article 3 (commencing with Section 40200) of Chapter 1 of Division 17 of the Vehicle Code, that city, district, or issuing agency shall observe the increased bail amounts as established by the court reflecting the added penalty provided for by this section. Each agency which elects to process parking violations shall pay to the county treasurer two dollars and fifty cents ($2.50) for each fund for each parking penalty collected on each violation which is not filed in court. Those payments to the county treasurer shall be made monthly, and the county treasurer shall deposit all those sums in the authorized fund. No issuing agency shall be required to contribute revenues to any fund in excess of those revenues generated from the surcharges established in the resolution adopted pursuant to this chapter, except as otherwise agreed upon by the local governmental entities involved. (c) The county treasurer shall deposit one dollar ($1) of every two dollars and fifty cents ($2.50) collected pursuant to subdivision (b) into the general fund of the county. (d) The authority to impose the two-dollar-and-fifty-cent ($2.50) penalty authorized by subdivision (b) shall be reduced to one dollar ($1) as of the date of transfer of responsibility for facilities from the county to the Judicial Council pursuant to Article 3 (commencing with Section 70321) of Chapter 5.7, except as money is needed to pay for construction provided for in Section 76100 and undertaken prior to the transfer of responsibility for facilities from the county to the Judicial Council. (e) The seven-dollar ($7) additional penalty authorized by subdivision (a) shall be reduced in each county by the additional penalty amount assessed by the county for the local courthouse construction fund established by Section 76100 as of January 1, 1998, when the money in that fund is transferred to the state under Section 70402. The amount each county shall charge as an additional penalty under this section shall be as follows: Alameda $5.00 Marin $5.00 San Luis Obispo $5.00 Alpine $5.00 Mariposa $2.50 San Mateo $4.75 Amador $5.00 Mendocino $7.00 Santa Barbara $3.50 Butte $7.00 Merced $4.75 Santa Clara $5.50 Calaveras $3.00 Modoc $3.50 Santa Cruz $7.00 Colusa $6.00 Mono $4.00 Shasta $3.50 Contra Costa $5.00 Monterey $5.00 Sierra $7.00 Del Norte $7.00 Napa $3.00 Siskiyou $5.00 El Dorado $5.00 Nevada $4.75 Solano $5.00 Fresno $7.00 Orange $5.29 Sonoma $5.00 Glenn $4.00 Placer $4.75 Stanislaus $5.00 Humboldt $5.00 Plumas $7.00 Sutter $6.00 Imperial $6.00 Riverside $4.60 Tehama $7.00 Inyo $4.00 Sacramento $5.00 Trinity $4.50 Kern $7.00 San Benito $5.00 Tulare $5.00 Kings $7.00 San Bernardino $5.00 Tuolumne $7.00 Lake $7.00 San Diego $7.00 Ventura $5.00 Lassen $2.00 San Francisco $6.99 Yolo $7.00 Los Angeles $5.00 San Joaquin $3.75 Yuba $3.00 Madera $7.00 _____ _____ _____ _____ (Amended by Stats. 2020, Ch. 210, Sec. 53. (AB 1984) Effective January 1, 2021.)
  164. 76000.3.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 12. County Penalties [76000 - 76252] ( Chapter 12 added by Stats. 1991, Ch. 189, Sec. 11. ) ## ARTICLE 1. Penalties [76000 - 76000.5] ( Article 1 added by Stats. 1991, Ch. 189, Sec. 11. )

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    A $3 added penalty must be imposed on each parking offense with a parking penalty, fine, or forfeiture, and certain county or local agencies must collect and remit it.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 12. County Penalties [76000 - 76252] ( Chapter 12 added by Stats. 1991, Ch. 189, Sec. 11. ) ## ARTICLE 1. Penalties [76000 - 76000.5] ( Article 1 added by Stats. 1991, Ch. 189, Sec. 11. ) ## 76000.3. (a) Notwithstanding any other law, for each parking offense for which a parking penalty, fine, or forfeiture is imposed, an added penalty of three dollars ($3) shall be imposed in addition to the penalty, fine, or forfeiture set by the city, district, or other issuing agency. (b) For each parking offense for which a penalty or fine is collected in the courts of the county, the county treasurer shall transmit the penalty imposed pursuant to subdivision (a) to the Treasurer for deposit in the Trial Court Trust Fund established by Section 68085. These moneys shall be taken from the penalties, fines, and forfeitures deposited with the county treasurer prior to any division pursuant to Section 1463.009 of the Penal Code. The judges of the county shall increase the bail schedule amounts as appropriate for parking offenses to reflect the added penalty provided for by subdivision (a). (c) In those cities, districts, or other issuing agencies that elect to accept parking penalties, and otherwise process parking offenses pursuant to Article 3 (commencing with Section 40200) of Chapter 1 of Division 17 of the Vehicle Code, that city, district, or issuing agency shall collect the added penalty imposed by this section. Each agency that elects to process parking offenses shall pay to the Treasurer for deposit in the Trial Court Trust Fund three dollars ($3) for each civil parking penalty collected on each offense. Those payments to the Treasurer shall be made monthly. (Amended by Stats. 2020, Ch. 70, Sec. 1. (AB 2038) Effective January 1, 2021.)
  165. 76000.5.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 12. County Penalties [76000 - 76252] ( Chapter 12 added by Stats. 1991, Ch. 189, Sec. 11. ) ## ARTICLE 1. Penalties [76000 - 76000.5] ( Article 1 added by Stats. 1991, Ch. 189, Sec. 11. )

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    A county board of supervisors may choose to add a $2 penalty for every $10, or part of $10, collected on covered fines, penalties, and forfeitures to support emergency medical services.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 12. County Penalties [76000 - 76252] ( Chapter 12 added by Stats. 1991, Ch. 189, Sec. 11. ) ## ARTICLE 1. Penalties [76000 - 76000.5] ( Article 1 added by Stats. 1991, Ch. 189, Sec. 11. ) ## 76000.5. (a) (1) Except as otherwise provided in this section, for purposes of supporting emergency medical services pursuant to Chapter 2.5 (commencing with Section 1797.98a) of Division 2.5 of the Health and Safety Code, in addition to the penalties set forth in Section 76000, the county board of supervisors may elect to levy an additional penalty in the amount of two dollars ($2) for every ten dollars ($10), or part of ten dollars ($10), upon every fine, penalty, or forfeiture imposed and collected by the courts for all criminal offenses, including violations of Division 9 (commencing with Section 23000) of the Business and Professions Code relating to the control of alcoholic beverages, and all offenses involving a violation of the Vehicle Code or a local ordinance adopted pursuant to the Vehicle Code. This penalty shall be collected together with and in the same manner as the amounts established by Section 1464 of the Penal Code. (2) This additional penalty does not apply to the following: (A) A restitution fine. (B) A penalty authorized by Section 1464 of the Penal Code or this chapter. (C) A parking offense subject to Article 3 (commencing with Section 40200) of Chapter 1 of Division 17 of the Vehicle Code. (D) The state surcharge authorized by Section 1465.7 of the Penal Code. (b) Funds shall be collected pursuant to subdivision (a) only if the county board of supervisors provides that the increased penalties do not offset or reduce the funding of other programs from other sources, but that these additional revenues result in increased funding to those programs. (c) Moneys collected pursuant to subdivision (a) shall be taken from fines and forfeitures deposited with the county treasurer prior to any division pursuant to Section 1463 of the Penal Code. (d) Funds collected pursuant to this section shall be deposited into the Maddy Emergency Medical Services (EMS) Fund established pursuant to Section 1797.98a of the Health and Safety Code. (e) This section shall remain in effect until January 1, 2027. (Amended by Stats. 2016, Ch. 147, Sec. 1. (SB 867) Effective January 1, 2017. Inoperative January 1, 2027, by its own provisions.)
  166. 7601.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 8. SECURITIES OWNED BY STATE AGENCIES [7600 - 7605] ( Division 8 added by Stats. 1975, Ch. 1214. ) ## CHAPTER 1. Investment of Securities Owned by State Agencies [7600 - 7605] ( Chapter 1 added by Stats. 1975, Ch. 1214. ) ## ARTICLE 1. General [7600 - 7601] ( Article 1 added by Stats. 1975, Ch. 1214. )

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    This section defines a security loan agreement and sets core loan, collateral, termination, and monitoring terms.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 8. SECURITIES OWNED BY STATE AGENCIES [7600 - 7605] ( Division 8 added by Stats. 1975, Ch. 1214. ) ## CHAPTER 1. Investment of Securities Owned by State Agencies [7600 - 7605] ( Chapter 1 added by Stats. 1975, Ch. 1214. ) ## ARTICLE 1. General [7600 - 7601] ( Article 1 added by Stats. 1975, Ch. 1214. ) ## 7601. As used in this chapter: (a) “Security loan agreement” means a written contract whereby a legal owner (the lender) agrees to lend specific marketable corporate or government securities for a period not to exceed one year. The lender retains the right to collect from the borrower all dividends, interest, premiums, rights, and any other distributions to which the lender would otherwise have been entitled. The lender waives the right to vote the securities during the term of the loan. The lender may terminate the contract upon not more than five business days’ notice as agreed, and the borrower may terminate the contract upon not less than two business days’ notice as agreed. The borrower shall provide collateral to the lender in the form of cash, or bonds, other interest-bearing notes and obligations of the United States or federal instrumentalities eligible for investment by a lending state agency. Such collateral shall be in an amount equal to at least 102 percent of the market value of the loaned securities as agreed. The administrators of the funds involved shall monitor the market value of the loaned securities daily. The loan agreement shall provide for payment of additional collateral on a daily basis, or at such times as the value of the loaned securities increases, to agreed upon ratios. In no event shall the amount of the collateral be less than the market value of the loaned securities. (b) “Marketable securities” means securities that are freely traded on recognized exchanges or marketplaces. (Added by Stats. 1975, Ch. 1214.)
  167. 7602.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 8. SECURITIES OWNED BY STATE AGENCIES [7600 - 7605] ( Division 8 added by Stats. 1975, Ch. 1214. ) ## CHAPTER 1. Investment of Securities Owned by State Agencies [7600 - 7605] ( Chapter 1 added by Stats. 1975, Ch. 1214. ) ## ARTICLE 2. Security Loans [7602 - 7605] ( Article 2 added by Stats. 1975, Ch. 1214. )

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    An authorized state agency may enter into security loan agreements with broker-dealers and state or national banks.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 8. SECURITIES OWNED BY STATE AGENCIES [7600 - 7605] ( Division 8 added by Stats. 1975, Ch. 1214. ) ## CHAPTER 1. Investment of Securities Owned by State Agencies [7600 - 7605] ( Chapter 1 added by Stats. 1975, Ch. 1214. ) ## ARTICLE 2. Security Loans [7602 - 7605] ( Article 2 added by Stats. 1975, Ch. 1214. ) ## 7602. A state agency which is authorized pursuant to Section 22312 of the Education Code and Sections 16481 and 20208.5 of the Government Code may enter into security loan agreements with broker-dealers and with any state or national banks for the purpose of prudently supplementing the income normally received from investments. (Amended by Stats. 1982, Ch. 1194, Sec. 3.)
  168. 7603.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 8. SECURITIES OWNED BY STATE AGENCIES [7600 - 7605] ( Division 8 added by Stats. 1975, Ch. 1214. ) ## CHAPTER 1. Investment of Securities Owned by State Agencies [7600 - 7605] ( Chapter 1 added by Stats. 1975, Ch. 1214. ) ## ARTICLE 2. Security Loans [7602 - 7605] ( Article 2 added by Stats. 1975, Ch. 1214. )

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    Loans of securities must use one of the standardized security loan agreement forms, and those forms must be approved by the Commissioner of Financial Protection and Innovation.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 8. SECURITIES OWNED BY STATE AGENCIES [7600 - 7605] ( Division 8 added by Stats. 1975, Ch. 1214. ) ## CHAPTER 1. Investment of Securities Owned by State Agencies [7600 - 7605] ( Chapter 1 added by Stats. 1975, Ch. 1214. ) ## ARTICLE 2. Security Loans [7602 - 7605] ( Article 2 added by Stats. 1975, Ch. 1214. ) ## 7603. All loans of securities shall be made pursuant to one of the standardized security loan agreement forms, as developed by the administrators of the State Pooled Investment Account, as authorized by Section 16481, the Public Employees’ Retirement System, or the State Teachers’ Retirement System and as approved by the Commissioner of Financial Protection and Innovation. (Amended by Stats. 2022, Ch. 452, Sec. 176. (SB 1498) Effective January 1, 2023.)
  169. 7604.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 8. SECURITIES OWNED BY STATE AGENCIES [7600 - 7605] ( Division 8 added by Stats. 1975, Ch. 1214. ) ## CHAPTER 1. Investment of Securities Owned by State Agencies [7600 - 7605] ( Chapter 1 added by Stats. 1975, Ch. 1214. ) ## ARTICLE 2. Security Loans [7602 - 7605] ( Article 2 added by Stats. 1975, Ch. 1214. )

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    If loaned securities are reacquired at a loss, the responsible state agency must report the loss in writing to the Legislature and the State Auditor within 30 days, as soon as possible.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 8. SECURITIES OWNED BY STATE AGENCIES [7600 - 7605] ( Division 8 added by Stats. 1975, Ch. 1214. ) ## CHAPTER 1. Investment of Securities Owned by State Agencies [7600 - 7605] ( Chapter 1 added by Stats. 1975, Ch. 1214. ) ## ARTICLE 2. Security Loans [7602 - 7605] ( Article 2 added by Stats. 1975, Ch. 1214. ) ## 7604. In the event of a loss in the reacquisition of loaned securities, the responsible state agency shall make a written report of the loss to the Legislature and the State Auditor as soon as possible, but not later than 30 days after the incurrence of that loss. (Amended by Stats. 2003, Ch. 107, Sec. 7. Effective January 1, 2004.)
  170. 7605.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 8. SECURITIES OWNED BY STATE AGENCIES [7600 - 7605] ( Division 8 added by Stats. 1975, Ch. 1214. ) ## CHAPTER 1. Investment of Securities Owned by State Agencies [7600 - 7605] ( Chapter 1 added by Stats. 1975, Ch. 1214. ) ## ARTICLE 2. Security Loans [7602 - 7605] ( Article 2 added by Stats. 1975, Ch. 1214. )

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    State agencies that enter security loan agreements must keep detailed records, create controls and reports, and publish the net results separately from other investment activities.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 8. SECURITIES OWNED BY STATE AGENCIES [7600 - 7605] ( Division 8 added by Stats. 1975, Ch. 1214. ) ## CHAPTER 1. Investment of Securities Owned by State Agencies [7600 - 7605] ( Chapter 1 added by Stats. 1975, Ch. 1214. ) ## ARTICLE 2. Security Loans [7602 - 7605] ( Article 2 added by Stats. 1975, Ch. 1214. ) ## 7605. Each state agency which enters into security loan agreements shall (a) maintain detailed records of all security loans, (b) develop controls and reports to monitor the conduct of the transactions, and (c) publicize the net results of the security loan transaction separate from the results of other investment activities. (Added by Stats. 1975, Ch. 1214.)
  171. 76100.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 12. County Penalties [76000 - 76252] ( Chapter 12 added by Stats. 1991, Ch. 189, Sec. 11. ) ## ARTICLE 2. Allocation of Penalties [76100 - 76110] ( Article 2 added by Stats. 1991, Ch. 189, Sec. 11. )

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    A county board may create a Courthouse Construction Fund, and the fund money may be used only for the listed courthouse purposes and related uses.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 12. County Penalties [76000 - 76252] ( Chapter 12 added by Stats. 1991, Ch. 189, Sec. 11. ) ## ARTICLE 2. Allocation of Penalties [76100 - 76110] ( Article 2 added by Stats. 1991, Ch. 189, Sec. 11. ) ## 76100. (a) Except as provided in Article 3 (commencing with Section 76200), for the purpose of assisting any county in the acquisition, rehabilitation, construction, and financing of courtrooms, a courtroom building or buildings containing facilities necessary or incidental to the operation of the justice system, or court facilities, the board of supervisors may establish in the county treasury a Courthouse Construction Fund into which shall be deposited the amounts specified in the resolutions adopted by the board of supervisors in accordance with this chapter. The moneys of the Courthouse Construction Fund shall be payable only for the purposes set forth in this subdivision and in subdivision (b) and at the time necessary therefor, subject to the requirements set forth in Chapter 5.7 (commencing with Section 70301). (b) In conjunction with the acquisition, rehabilitation, construction, or financing of court buildings referred to in subdivision (a), the county may use the moneys of the Courthouse Construction Fund for either of the following: (1) To rehabilitate existing courtrooms, an existing courtroom building or buildings, or court facilities, for other uses if a new courtroom, a courtroom building or buildings, or court facilities are acquired, constructed, or financed. (2) To acquire, rehabilitate, construct, or finance excess courtrooms, an excess courtroom building or buildings, or excess court facilities, if that excess is anticipated to be needed at a later time. (c) Any excess courtroom, excess courtroom building or buildings, or excess court facilities, that are acquired, rehabilitated, constructed, or financed pursuant to subdivision (b) may be leased or rented for uses other than the operation of the justice system until the excess courtrooms, excess courtroom building or buildings, or excess court facilities, are needed for the operation of the justice system. Any amount received as lease or rental payments pursuant to this subdivision shall be deposited in the Courthouse Construction Fund. (d) The fund moneys shall be held by the county treasurer separate from any funds subject to transfer or division pursuant to Section 1463 of the Penal Code. (e) The amendments made to subdivision (a) by the act adding this subdivision are declarative of existing law and shall be used for determinations made pursuant to subdivision (c) of Section 70403. (Amended by Stats. 2005, Ch. 410, Sec. 7. Effective January 1, 2006.)
  172. 76101.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 12. County Penalties [76000 - 76252] ( Chapter 12 added by Stats. 1991, Ch. 189, Sec. 11. ) ## ARTICLE 2. Allocation of Penalties [76100 - 76110] ( Article 2 added by Stats. 1991, Ch. 189, Sec. 11. )

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    A county board of supervisors may create a Criminal Justice Facilities Construction Fund, and the fund money must be used only for the listed purposes and held separately by the county treasurer.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 12. County Penalties [76000 - 76252] ( Chapter 12 added by Stats. 1991, Ch. 189, Sec. 11. ) ## ARTICLE 2. Allocation of Penalties [76100 - 76110] ( Article 2 added by Stats. 1991, Ch. 189, Sec. 11. ) ## 76101. (a) Except as provided in Article 3 (commencing with Section 76200), for the purpose of assisting any county in the construction, reconstruction, expansion, improvement, operation, or maintenance of county criminal justice and court facilities and for improvement of criminal justice automated information systems, the board of supervisors may by resolution establish in the county treasury a Criminal Justice Facilities Construction Fund. All amounts collected pursuant to resolutions adopted by a county in accordance with this chapter shall be deposited into the fund. The moneys of the Criminal Justice Facilities Construction Fund shall be payable only for the purposes set forth in subdivision (b) and at the time necessary therefor. (b) For purposes of this chapter, “county criminal justice facilities” includes, but is not limited to, jails, women’s centers, detention facilities, juvenile halls, and courtrooms. Any new jail, or any addition to an existing jail that provides new cells or beds, which is constructed with moneys from the Criminal Justice Facilities Construction Fund shall comply with the “Minimum Standards for Local Detention Facilities” promulgated by the Board of Corrections. (c) The fund moneys shall be held by the county treasurer separate from any funds subject to transfer or division pursuant to Section 1463 of the Penal Code. (Amended by Stats. 2002, Ch. 1082, Sec. 7. Effective January 1, 2003.)
  173. 76101.5.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 12. County Penalties [76000 - 76252] ( Chapter 12 added by Stats. 1991, Ch. 189, Sec. 11. ) ## ARTICLE 2. Allocation of Penalties [76100 - 76110] ( Article 2 added by Stats. 1991, Ch. 189, Sec. 11. )

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    A qualifying county board of supervisors may, after a public hearing, pass a resolution to transfer deposits between the two listed funds.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 12. County Penalties [76000 - 76252] ( Chapter 12 added by Stats. 1991, Ch. 189, Sec. 11. ) ## ARTICLE 2. Allocation of Penalties [76100 - 76110] ( Article 2 added by Stats. 1991, Ch. 189, Sec. 11. ) ## 76101.5. Notwithstanding any other provision of this article or Article 3 (commencing with Section 76200), following a public hearing, the board of supervisors of a county of the first class or a county of the 47th class which has established both a Courthouse Construction Fund and a Criminal Justice Facilities Construction Fund pursuant to the provisions of this chapter may by resolution provide for the transfer of deposits from one fund to the other. (Amended by Stats. 1995, Ch. 454, Sec. 1. Effective January 1, 1996.)
  174. 76102.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 12. County Penalties [76000 - 76252] ( Chapter 12 added by Stats. 1991, Ch. 189, Sec. 11. ) ## ARTICLE 2. Allocation of Penalties [76100 - 76110] ( Article 2 added by Stats. 1991, Ch. 189, Sec. 11. )

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    A county board of supervisors may create a special county fund for fingerprint and booking identification equipment, and the county treasurer must keep those moneys separate from funds subject to transfer or division under Penal Code Section 1463.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 12. County Penalties [76000 - 76252] ( Chapter 12 added by Stats. 1991, Ch. 189, Sec. 11. ) ## ARTICLE 2. Allocation of Penalties [76100 - 76110] ( Article 2 added by Stats. 1991, Ch. 189, Sec. 11. ) ## 76102. (a) For the purpose of assisting any county in the establishment of adequate fingerprint facilities and adequate suspect booking identification facilities, including, but not limited to, digital image photographic suspect booking identification facilities, in the county, the board of supervisors may establish in the county treasury an Automated Fingerprint Identification and Digital Image Photographic Suspect Booking Identification System Fund into which shall be deposited the amounts specified in the resolutions adopted by the board of supervisors as authorized in accordance with this title. The moneys of the fund shall be payable only for the purchase, lease, operation, including personnel and related costs, and maintenance of automated fingerprint equipment and digital image photographic equipment, replacement of existing automated fingerprint equipment, digital image photographic equipment, and other equipment needed for the suspect booking process, and for the reimbursement of local agencies within the county which have previously purchased, leased, operated, or maintained automated fingerprint equipment and digital image photographic equipment from other funding sources. (b) For purposes of this section, the following terms have the following meanings: (1) “Automated fingerprint equipment” means that equipment designated for the storage or retrieval of fingerprint data which is compatible with the California Identification System Remote Access Network. (2) “Digital photographic equipment” means that equipment designed for the capture, storage, retrieval, or transmittal of digital photographic images of persons who are booked as a result of having been arrested or charged with a crime. (c) The fund moneys shall be held by the county treasurer separate from any funds subject to transfer or division pursuant to Section 1463 of the Penal Code. (Amended by Stats. 2007, Ch. 49, Sec. 1. Effective January 1, 2008.)
  175. 76103.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 12. County Penalties [76000 - 76252] ( Chapter 12 added by Stats. 1991, Ch. 189, Sec. 11. ) ## ARTICLE 2. Allocation of Penalties [76100 - 76110] ( Article 2 added by Stats. 1991, Ch. 189, Sec. 11. )

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    A county board of supervisors may create a forensic laboratory fund, and the county treasurer must keep the fund’s money separate and use it only for listed forensic laboratory purposes.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 12. County Penalties [76000 - 76252] ( Chapter 12 added by Stats. 1991, Ch. 189, Sec. 11. ) ## ARTICLE 2. Allocation of Penalties [76100 - 76110] ( Article 2 added by Stats. 1991, Ch. 189, Sec. 11. ) ## 76103. To assist any county in the funding and maintenance of a criminal justice forensic laboratory, the board of supervisors may, by resolution, establish in the county treasury a forensic laboratory fund. The fund moneys, together with any interest earned thereon, shall be held by the county treasurer separate from any funds subject to transfer or division pursuant to Section 1463 of the Penal Code. The moneys in the Forensic Laboratory Fund together with any interest earned thereon shall be payable only for the construction, reconstruction, expansion, improvement, operation, including personnel or related costs, or maintenance of Forensic Laboratory Facilities. The money in the fund may be used through any public agency funding mechanism including, but not limited to, retirement of bonded indebtedness, loan repayments, and monthly payments involving lease-purchase programs, which reduce an obligation incurred in reliance upon the authority granted by this section. (Amended by Stats. 1992, Ch. 1199, Sec. 5. Effective September 30, 1992.)
  176. 76104.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 12. County Penalties [76000 - 76252] ( Chapter 12 added by Stats. 1991, Ch. 189, Sec. 11. ) ## ARTICLE 2. Allocation of Penalties [76100 - 76110] ( Article 2 added by Stats. 1991, Ch. 189, Sec. 11. )

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    This section requires certain counties to keep or set aside Emergency Medical Services Fund money from penalty revenues, with limits on amounts and use.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 12. County Penalties [76000 - 76252] ( Chapter 12 added by Stats. 1991, Ch. 189, Sec. 11. ) ## ARTICLE 2. Allocation of Penalties [76100 - 76110] ( Article 2 added by Stats. 1991, Ch. 189, Sec. 11. ) ## 76104. (a) For purposes of supporting emergency medical services pursuant to Chapter 2.5 (commencing with Section 1797.98a) of Division 2.5 of the Health and Safety Code, the board of supervisors of any county which established in the county treasury an Emergency Medical Services Fund prior to June 1, 1991, shall continue that fund using penalty revenues pursuant to Section 76000 as specified in the resolution or resolutions adopted by the board of supervisors prior to June 1, 1991, to create that fund. Except as provided in subdivision (d), the amount deposited in that fund shall be at and shall not exceed the corresponding amount for the 1990–91 fiscal year, plus a percentage representing the growth, if any, in the fines and forfeitures collected in comparison with the 1990–91 fiscal year, not to exceed 10 percent per fiscal year. (b) For any county which established an Emergency Medical Services Fund prior to June 1, 1991, and for which that fund has not received deposits for 12 full months of collections of the penalty, the 1990–91 fiscal year shall be computed by projecting actual collection experience to produce an estimated annual amount. (c) The board of supervisors of a county that has not established an Emergency Medical Services Fund prior to July 1, 1991, may set aside up to 28 percent of the total revenue from the penalty established pursuant to Section 76000 in the county treasury for purposes of supporting emergency medical services pursuant to Chapter 2.5 (commencing with Section 1797.98a) of Division 2.5 of the Health and Safety Code. (d) Notwithstanding any other provision of law, in complying with this section, a county shall not be required to contribute an amount in excess of the receipts of the penalty assessment authorized for this purpose. (e) The fund moneys shall be held by the county treasurer separate from any funds subject to transfer or division pursuant to Section 1463 of the Penal Code. The moneys of the Emergency Medical Services Fund shall be payable only for the purposes specified in Chapter 2.5 (commencing with Section 1797.98a) of Division 2.5 of the Health and Safety Code. (Amended by Stats. 1999, Ch. 674, Sec. 1. Effective January 1, 2000.)
  177. 76104.5.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 12. County Penalties [76000 - 76252] ( Chapter 12 added by Stats. 1991, Ch. 189, Sec. 11. ) ## ARTICLE 2. Allocation of Penalties [76100 - 76110] ( Article 2 added by Stats. 1991, Ch. 189, Sec. 11. )

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    The board of supervisors may create a DNA Identification Fund in the county treasury, and the fund money may be used only for listed identification-system costs.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 12. County Penalties [76000 - 76252] ( Chapter 12 added by Stats. 1991, Ch. 189, Sec. 11. ) ## ARTICLE 2. Allocation of Penalties [76100 - 76110] ( Article 2 added by Stats. 1991, Ch. 189, Sec. 11. ) ## 76104.5. (a) For the purpose of assisting any county in the establishment of automated photographic or DNA (genetic fingerprint) identification systems, or any new technology in the county, the board of supervisors may establish in the county treasury a DNA Identification Fund into which shall be deposited the amounts specified in the resolutions adopted by the board of supervisors as authorized in accordance with this title, up to fifty cents ($0.50) for every seven dollars ($7) collected pursuant to Section 76000. The moneys of the fund shall be payable only for the purchase, lease, operation, including personnel and related costs, and maintenance of automated photographic or DNA (genetic fingerprint) identification systems, or any new technology. (b) The fund moneys described in subdivision (a), together with any interest earned thereon, shall be held by the county treasurer separate from any funds subject to transfer or division pursuant to Section 1463 of the Penal Code. Deposits to the fund may continue through and including the 20th year after the initial calendar year in which the surcharge is collected, or longer if and as necessary to make payments upon any lease or leaseback arrangement utilized to finance any of the projects specified herein. (c) For purposes of this section, “DNA (genetic fingerprint) identification system” means equipment, procedures, and methodologies compatible with and meeting the standards set for DNA testing by the Department of Justice pursuant to the DNA and Forensic Identification Data Base and Data Bank Act of 1998 (Chapter 6 (commencing with Section 295) of Title 9 of Part 1 of the Penal Code). (Amended by Stats. 1999, Ch. 475, Sec. 1. Effective January 1, 2000.)
  178. 76104.6.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 12. County Penalties [76000 - 76252] ( Chapter 12 added by Stats. 1991, Ch. 189, Sec. 11. ) ## ARTICLE 2. Allocation of Penalties [76100 - 76110] ( Article 2 added by Stats. 1991, Ch. 189, Sec. 11. )

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    Counties must collect an extra DNA-related penalty on most criminal fines and move the money into county and state DNA Identification Funds, with specific reporting and use restrictions.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 12. County Penalties [76000 - 76252] ( Chapter 12 added by Stats. 1991, Ch. 189, Sec. 11. ) ## ARTICLE 2. Allocation of Penalties [76100 - 76110] ( Article 2 added by Stats. 1991, Ch. 189, Sec. 11. ) ## 76104.6. (a) (1) Except as otherwise provided in this section, for the purpose of implementing the DNA Fingerprint, Unsolved Crime and Innocence Protection Act (Proposition 69), as approved by the voters at the November 2, 2004, statewide general election, there shall be levied an additional penalty of one dollar ($1) for every ten dollars ($10), or part of ten dollars ($10), in each county upon every fine, penalty, or forfeiture imposed and collected by the courts for all criminal offenses, including all offenses involving a violation of the Vehicle Code or a local ordinance adopted pursuant to the Vehicle Code. (2) The penalty imposed by this section shall be collected together with and in the same manner as the amounts established by Section 1464 of the Penal Code. The moneys shall be taken from fines and forfeitures deposited with the county treasurer prior to any division pursuant to Section 1463 of the Penal Code. The board of supervisors shall establish in the county treasury a DNA Identification Fund into which shall be deposited the moneys collected pursuant to this section. The moneys of the fund shall be allocated pursuant to subdivision (b). (3) The additional penalty does not apply to the following: (A) A restitution fine. (B) A penalty authorized by Section 1464 of the Penal Code or this chapter. (C) A parking offense subject to Article 3 (commencing with Section 40200) of Chapter 1 of Division 17 of the Vehicle Code. (D) The state surcharge authorized by Section 1465.7 of the Penal Code. (b) (1) The fund moneys described in subdivision (a), together with any interest earned thereon, shall be held by the county treasurer separate from any funds subject to transfer or division pursuant to Section 1463 of the Penal Code. Deposits to the fund may continue through January 1, 2028, or longer if and as necessary to make payments upon any lease or leaseback arrangement utilized to finance any of the projects specified therein. (2) On the last day of each calendar quarter of the year specified in this subdivision, the county treasurer shall transfer fund moneys in the county’s DNA Identification Fund to the Controller for credit to the state’s DNA Identification Fund, which is hereby established in the State Treasury, as follows: (A) In the first two calendar years following the effective date of this section, 70 percent of the amounts collected, including interest earned thereon. (B) In the third calendar year following the effective date of this section, 50 percent of the amounts collected, including interest earned thereon. (C) In the fourth calendar year following the effective date of this section and in each calendar year thereafter, 25 percent of the amounts collected, including interest earned thereon. (3) Funds remaining in the county’s DNA Identification Fund shall be used only for the following purposes: (A) To reimburse local sheriff or other law enforcement agencies for the collection of DNA specimens, samples, and print impressions pursuant to this chapter. (B) For expenditures and administrative costs made or incurred to comply with the requirements of paragraph (5) of subdivision (b) of Section 298 of the Penal Code, including the procurement of equipment and software integral to confirming that a person qualifies for entry into the Department of Justice DNA and Forensic Identification Database and Data Bank Program. (C) To reimburse local sheriff, police, district attorney, and regional state crime laboratories for expenditures and administrative costs made or incurred in connection with the processing, analysis, tracking, and storage of DNA crime scene samples from cases in which DNA evidence would be useful in identifying or prosecuting suspects, including the procurement of equipment and software for the processing, analysis, tracking, and storage of DNA crime scene samples from unsolved cases. (D) (i) If authorized by a resolution of the board of supervisors, and after the distributions provided in subparagraphs (A), (B), and (C), a local sheriff or police department, or the district attorney’s office, may use remaining funds, either independently or in combination with remaining funds from another county, to provide supplemental funding to a qualified local or regional state forensic laboratory for expenditures and administrative costs made or incurred in connection with the processing, analysis, and comparison of DNA crime scene samples and forensic identification samples, and testimony related to that analysis. This subparagraph shall apply only to those counties that do not have a local public law enforcement laboratory, and does not authorize any transfer that will interfere with the operation of subparagraph (A). Any supplemental funding provided pursuant to this subparagraph shall not be used to supplant funds already allocated to a qualified local or regional state forensic laboratory by the state’s DNA Identification Fund. (ii) For purposes of this subparagraph, a qualified local or regional state forensic laboratory is a Department of Justice regional forensic laboratory or a local law enforcement agency forensic laboratory that meets state and federal requirements for contributing DNA profiles for inclusion in California’s DNA databank, including the FBI Quality Assurance Standards and accreditation requirements, and shall be accredited by an organization approved by the National DNA Index System (NDIS) Procedures Board. (4) The state’s DNA Identification Fund shall be administered by the Department of Justice. Funds in the state’s DNA Identification Fund, upon appropriation by the Legislature, shall be used by the Attorney General only to support DNA testing in the state and to offset the impacts of increased testing and shall be allocated as follows: (A) Of the amount transferred pursuant to subparagraph (A) of paragraph (2) of subdivision (b), 90 percent to the Department of Justice DNA Laboratory, first, to comply with the requirements of Section 298.3 of the Penal Code and, second, for expenditures and administrative costs made or incurred in connection with the processing, analysis, tracking, and storage of DNA specimens and samples including the procurement of equipment and software for the processing, analysis, tracking, and storage of DNA samples and specimens obtained pursuant to the DNA and Forensic Identification Database and Data Bank Act of 1998, as amended by Chapter 6 (commencing with Section 295) of Title 9 of Part 1 of the Penal Code, and 10 percent to the Department of Justice Information Bureau Criminal History Unit for expenditures and administrative costs that have been approved by the Chief of the Department of Justice Bureau of Forensic Services made or incurred to update equipment and software to facilitate compliance with the requirements of subdivision (e) of Section 299.5 of the Penal Code. (B) Of the amount transferred pursuant to subparagraph (B) of paragraph (2) of subdivision (b), funds shall be allocated by the Department of Justice DNA Laboratory, first, to comply with the requirements of Section 298.3 of the Penal Code and, second, for expenditures and administrative costs made or incurred in connection with the processing, analysis, tracking, and storage of DNA specimens and samples including the procurement of equipment and software for the processing, analysis, tracking, and storage of DNA samples and specimens obtained pursuant to the DNA and Forensic Identification Database and Data Bank Act of 1998, as amended. (C) Of the amount transferred pursuant to subparagraph (C) of paragraph (2) of subdivision (b), funds shall be allocated by the Department of Justice to the DNA Laboratory to comply with the requirements of Section 298.3 of the Penal Code and for expenditures and administrative costs made or incurred in connection with the processing, analysis, tracking, and storage of DNA specimens and samples including the procurement of equipment and software for the processing, analysis, tracking, and storage of DNA samples and specimens obtained pursuant to the DNA and Forensic Identification Database and Data Bank Act of 1998, as amended. (c) On or before April 1 in the year following adoption of this section, and annually thereafter, the board of supervisors of each county shall submit a report to the Legislature and the Department of Justice. The report shall include the total amount of fines collected and allocated pursuant to this section, and the amounts expended by the county for each program authorized pursuant to paragraph (3) of subdivision (b). The Department of Justice shall make the reports publicly available on the department’s internet website. (d) All requirements imposed on the Department of Justice pursuant to the DNA Fingerprint, Unsolved Crime and Innocence Protection Act are contingent upon the availability of funding and are limited by revenue, on a fiscal year basis, received by the Department of Justice pursuant to this section and any additional appropriation approved by the Legislature for purposes related to implementing this act. (e) Upon approval of the DNA Fingerprint, Unsolved Crime and Innocence Protection Act, the Legislature shall lend the Department of Justice General Fund in the amount of seven million dollars ($7,000,000) for purposes of implementing the act. The loan shall be repaid with interest calculated at the rate earned by the Pooled Money Investment Account at the time the loan is made. Principal and interest on the loan shall be repaid in full no later than four years from the date the loan was made and shall be repaid from revenue generated pursuant to this section. (f) Notwithstanding any other law, the Controller may use the state’s DNA Identification Fund, created pursuant to paragraph (2) of subdivision (b), for loans to the General Fund as provided in Sections 16310 and 16381. Any such loan shall be repaid from the General Fund with interest computed at 110 percent of the Pooled Money Investment Account rate, with the interest commencing to accrue on the date the loan is made from the fund. This subdivision does not authorize any transfer that will interfere with the carrying out of the object for which the state’s DNA Identification Fund was created. (Amended by Stats. 2024, Ch. 428, Sec. 1. (AB 3042) Effective January 1, 2025. Note: This section was added on Nov. 2, 2004, by initiative Prop. 69.)
  179. 76104.7.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 12. County Penalties [76000 - 76252] ( Chapter 12 added by Stats. 1991, Ch. 189, Sec. 11. ) ## ARTICLE 2. Allocation of Penalties [76100 - 76110] ( Article 2 added by Stats. 1991, Ch. 189, Sec. 11. )

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    This section adds a $4 state-only penalty for every $10, or part of $10, imposed and collected on criminal fines, with listed exceptions.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 12. County Penalties [76000 - 76252] ( Chapter 12 added by Stats. 1991, Ch. 189, Sec. 11. ) ## ARTICLE 2. Allocation of Penalties [76100 - 76110] ( Article 2 added by Stats. 1991, Ch. 189, Sec. 11. ) ## 76104.7. (a) Except as otherwise provided in this section, in addition to the penalty levied pursuant to Section 76104.6, there shall be levied an additional state-only penalty of four dollars ($4) for every ten dollars ($10), or part of ten dollars ($10), in each county upon every fine, penalty, or forfeiture imposed and collected by the courts for all criminal offenses, including all offenses involving a violation of the Vehicle Code or any local ordinance adopted pursuant to the Vehicle Code. (b) This additional penalty shall be collected together with, and in the same manner as, the amounts established by Section 1464 of the Penal Code. These moneys shall be taken from fines and forfeitures deposited with the county treasurer prior to any division pursuant to Section 1463 of the Penal Code. These funds shall be deposited into the county treasury DNA Identification Fund. One hundred percent of these funds, including any interest earned thereon, shall be transferred to the state Controller at the same time that moneys are transferred pursuant to paragraph (2) of subdivision (b) of Section 76104.6, for deposit into the state’s DNA Identification Fund. These funds shall be used to fund the operations of the Department of Justice forensic laboratories, including the operation of the DNA Fingerprint, Unsolved Crime and Innocence Protection Act, and to facilitate compliance with the requirements of subdivision (e) of Section 299.5 of the Penal Code. (c) This additional penalty does not apply to the following: (1) Any restitution fine. (2) Any penalty authorized by Section 1464 of the Penal Code or this chapter. (3) Any parking offense subject to Article 3 (commencing with Section 40200) of Chapter 1 of Division 17 of the Vehicle Code. (4) The state surcharge authorized by Section 1465.7 of the Penal Code. (d) The fees collected pursuant to this section shall not be subject to subdivision (e) of Section 1203.1d of the Penal Code, but shall be disbursed under paragraph (3) of subdivision (b) of Section 1203.1d of the Penal Code. (Amended by Stats. 2012, Ch. 32, Sec. 25. (SB 1006) Effective June 27, 2012.)
  180. 76105.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 12. County Penalties [76000 - 76252] ( Chapter 12 added by Stats. 1991, Ch. 189, Sec. 11. ) ## ARTICLE 2. Allocation of Penalties [76100 - 76110] ( Article 2 added by Stats. 1991, Ch. 189, Sec. 11. )

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    If a county is authorized to create special purpose funds, the county treasurer must deposit the specified share of Section 76000 penalties into those funds.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 12. County Penalties [76000 - 76252] ( Chapter 12 added by Stats. 1991, Ch. 189, Sec. 11. ) ## ARTICLE 2. Allocation of Penalties [76100 - 76110] ( Article 2 added by Stats. 1991, Ch. 189, Sec. 11. ) ## 76105. In any county authorized to establish one or more special purpose funds pursuant to Article 3 (commencing with Section 76200), the county treasurer shall deposit in those funds that portion of the penalties collected pursuant to Section 76000 specified by the board of supervisors by resolution. The moneys of the fund shall be payable only for the purposes set forth in the authorizing section and at the time necessary therefor. Except as otherwise provided by statute, deposits to the fund in accordance with this section shall continue through and including the 20th year after the initial year for which the additional penalty is collected. (Added by Stats. 1991, Ch. 189, Sec. 11. Effective July 29, 1991.)
  181. 76106.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 12. County Penalties [76000 - 76252] ( Chapter 12 added by Stats. 1991, Ch. 189, Sec. 11. ) ## ARTICLE 2. Allocation of Penalties [76100 - 76110] ( Article 2 added by Stats. 1991, Ch. 189, Sec. 11. )

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    County boards of supervisors must adopt a resolution that specifies the penalty amounts to be deposited into the fund.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 12. County Penalties [76000 - 76252] ( Chapter 12 added by Stats. 1991, Ch. 189, Sec. 11. ) ## ARTICLE 2. Allocation of Penalties [76100 - 76110] ( Article 2 added by Stats. 1991, Ch. 189, Sec. 11. ) ## 76106. With respect to any fund established pursuant to this chapter, the penalty amounts to be deposited in the fund shall be specified by resolution adopted by the board of supervisors of each county consistent with the authorizations set forth in this article and Article 3 (commencing with Section 76200). Each resolution shall state that the implementation of the applicable sections is necessary to the county for the establishment of adequate courtroom or criminal justice facilities or other authorized purposes of the fund. The resolution shall set forth the amounts to be placed in the fund and shall instruct the clerk of the board of supervisors to transmit, on the next business day following the adoption of the resolution, a copy of the resolution to the clerk of each court in the county. (Amended by Stats. 2002, Ch. 221, Sec. 43. Effective January 1, 2003.)
  182. 76110.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 12. County Penalties [76000 - 76252] ( Chapter 12 added by Stats. 1991, Ch. 189, Sec. 11. ) ## ARTICLE 2. Allocation of Penalties [76100 - 76110] ( Article 2 added by Stats. 1991, Ch. 189, Sec. 11. )

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    A board of supervisors may, by resolution, move excess money from certain courthouse or criminal justice construction funds to the county general fund for county public safety or emergency medical services needs, but only after the construction need has been met and without harming the fund’s purposes or obligations.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 12. County Penalties [76000 - 76252] ( Chapter 12 added by Stats. 1991, Ch. 189, Sec. 11. ) ## ARTICLE 2. Allocation of Penalties [76100 - 76110] ( Article 2 added by Stats. 1991, Ch. 189, Sec. 11. ) ## 76110. Notwithstanding any other provision of this article or Article 3 (commencing with Section 76200), the board of supervisors that has established a Courthouse Construction Fund or a Criminal Justice Facilities Construction Fund pursuant to the provisions of this chapter may, by resolution, provide for the transfer of excess deposits from such a fund to the county general fund for the purposes of meeting the public safety or emergency medical services needs of the county, provided that any transfer pursuant to this section shall not interfere with the purposes for which the fund was created or impair any obligations of the fund and shall not occur until the need for courthouse construction or the construction of criminal justice facilities has been met. (Added by Stats. 1995, Ch. 454, Sec. 2. Effective January 1, 1996.)
  183. 76200.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 12. County Penalties [76000 - 76252] ( Chapter 12 added by Stats. 1991, Ch. 189, Sec. 11. ) ## ARTICLE 3. County Provisions [76200 - 76252] ( Article 3 added by Stats. 1991, Ch. 189, Sec. 11. )

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    Alameda County may establish a Courthouse Construction Fund if it maintains a courtroom building in Berkeley; if that building is closed, the county may not collect those funds.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 12. County Penalties [76000 - 76252] ( Chapter 12 added by Stats. 1991, Ch. 189, Sec. 11. ) ## ARTICLE 3. County Provisions [76200 - 76252] ( Article 3 added by Stats. 1991, Ch. 189, Sec. 11. ) ## 76200. Alameda County is authorized to establish a Courthouse Construction Fund pursuant to Section 76100 so long as the county maintains a courtroom building in the City of Berkeley. In the event that the courtroom building in the City of Berkeley is closed, Alameda County may not collect those funds. (Amended by Stats. 2002, Ch. 784, Sec. 502. Effective January 1, 2003.)
  184. 76213.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 12. County Penalties [76000 - 76252] ( Chapter 12 added by Stats. 1991, Ch. 189, Sec. 11. ) ## ARTICLE 3. County Provisions [76200 - 76252] ( Article 3 added by Stats. 1991, Ch. 189, Sec. 11. )

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    The county board of supervisors may create a Criminal Justice Investigation Fund, and the treasurer must keep its money separate and use it only for specified criminal justice and forensic laboratory purposes.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 12. County Penalties [76000 - 76252] ( Chapter 12 added by Stats. 1991, Ch. 189, Sec. 11. ) ## ARTICLE 3. County Provisions [76200 - 76252] ( Article 3 added by Stats. 1991, Ch. 189, Sec. 11. ) ## 76213. To assist Imperial County in the improvement of criminal justice automated information systems and the funding and maintenance of a criminal justice forensic laboratory, the board of supervisors may by resolution establish in the county treasury a Criminal Justice Investigation Fund pursuant to Section 76105. The fund moneys together with any interest earned thereon shall be held by the treasurer separate from any funds subject to transfer or division pursuant to Section 1463 of the Penal Code. The moneys in the Criminal Justice Investigation Fund together with any interest earned thereon shall be payable only for the improvement of criminal justice automated information systems and the construction, reconstruction, expansion, improvement, operation, or maintenance of the forensic laboratory facilities. The money in the fund may be used through any public agency funding mechanism including, but not limited to, retirement of bonded indebtedness, loan repayments, and monthly payments involving lease-purchase programs, which reduce an obligation incurred in reliance upon the authority granted by this section. (Amended by Stats. 1991, Ch. 613, Sec. 4.)
  185. 76214.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 12. County Penalties [76000 - 76252] ( Chapter 12 added by Stats. 1991, Ch. 189, Sec. 11. ) ## ARTICLE 3. County Provisions [76200 - 76252] ( Article 3 added by Stats. 1991, Ch. 189, Sec. 11. )

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    Monterey County Treasurer must deposit specified amounts into the Monterey County Courthouse Construction Fund, and those deposits continue for set repayment periods.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 12. County Penalties [76000 - 76252] ( Chapter 12 added by Stats. 1991, Ch. 189, Sec. 11. ) ## ARTICLE 3. County Provisions [76200 - 76252] ( Article 3 added by Stats. 1991, Ch. 189, Sec. 11. ) ## 76214. (a) Deposits collected in the Monterey County Courthouse Construction Fund shall continue through the 30th year after the initial year for which the surcharge or additional penalty, as defined in Section 76000, is collected, or through the 30th year after any borrowings are made for any construction funded pursuant to Section 76100. (b) The Monterey County Treasurer shall deposit those amounts specified by the board of supervisors by resolution into the Monterey County Courthouse Construction Fund pursuant to Section 76000. However, deposits to the fund shall continue through whatever period of time is necessary to repay any borrowings made by Monterey County on or before January 1, 1998, to pay for construction provided in this chapter. (Added by Stats. 1996, Ch. 317, Sec. 1. Effective January 1, 1997.)
  186. 76215.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 12. County Penalties [76000 - 76252] ( Chapter 12 added by Stats. 1991, Ch. 189, Sec. 11. ) ## ARTICLE 3. County Provisions [76200 - 76252] ( Article 3 added by Stats. 1991, Ch. 189, Sec. 11. )

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    The board of supervisors may establish a Juvenile Justice Facilities Construction Fund in the county treasury, and the fund money may be used only for specified juvenile justice facility purposes.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 12. County Penalties [76000 - 76252] ( Chapter 12 added by Stats. 1991, Ch. 189, Sec. 11. ) ## ARTICLE 3. County Provisions [76200 - 76252] ( Article 3 added by Stats. 1991, Ch. 189, Sec. 11. ) ## 76215. To assist Kern County in the improvement of county juvenile justice facilities or county juvenile justice rehabilitation facilities, the board of supervisors may by resolution establish in the county treasury a Juvenile Justice Facilities Construction Fund pursuant to Section 76105. The moneys in the Juvenile Justice Facilities Construction Fund shall be payable only for construction, reconstruction, expansion, improvement, operation, or maintenance of county juvenile justice or county juvenile justice rehabilitation facilities. The money in the fund may be used to finance any public agency funding mechanism which reduces an obligation incurred in reliance upon the authority granted by this section, including, but not limited to, retirement of bonded indebtedness, loan repayments, and monthly payments involving lease-purchase programs. (Added by Stats. 1991, Ch. 189, Sec. 11. Effective July 29, 1991.)
  187. 76219.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 12. County Penalties [76000 - 76252] ( Chapter 12 added by Stats. 1991, Ch. 189, Sec. 11. ) ## ARTICLE 3. County Provisions [76200 - 76252] ( Article 3 added by Stats. 1991, Ch. 189, Sec. 11. )

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    Los Angeles County may use Courthouse Construction Fund money only for courthouse construction and land acquisition, and courtroom projects must stay within specified areas until spending and construction milestones are met.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 12. County Penalties [76000 - 76252] ( Chapter 12 added by Stats. 1991, Ch. 189, Sec. 11. ) ## ARTICLE 3. County Provisions [76200 - 76252] ( Article 3 added by Stats. 1991, Ch. 189, Sec. 11. ) ## 76219. (a) The Courthouse Construction Fund established in Los Angeles County pursuant to Section 76100 shall be known as the Courthouse Construction Fund. (b) All courtroom construction in the County of Los Angeles which utilizes moneys from the Courthouse Construction Fund or moneys borrowed and owed against the Courthouse Construction Fund shall be within the boundaries of the San Fernando Valley Statistical Area and the Los Cerritos Municipal Court District, until the time that the County of Los Angeles has spent a total of at least forty-three million dollars ($43,000,000) on courthouse construction within the San Fernando Valley Statistical Area and at least eight million dollars ($8,000,000) within the Los Cerritos Municipal Court District for the Bellflower Courthouse. (c) All courtroom construction in the County of Los Angeles which utilizes moneys from the Courthouse Construction Fund or moneys borrowed against the Courthouse Construction Fund shall be within the boundaries of the San Fernando Valley Statistical Area, within the boundaries of the Los Cerritos Municipal Court District, within the boundaries of the East Los Angeles Municipal Court District, within the Downey Municipal Court District, within the community of Hollywood, or within the West Los Angeles Branch of the Los Angeles Municipal Court District, until the time that the County of Los Angeles has fulfilled the requirements of subdivision (b) and has additionally spent at least sixteen million five hundred thousand dollars ($16,500,000) on courthouse construction within the East Los Angeles Municipal Court District, has spent at least ten million dollars ($10,000,000) on courthouse construction within the Downey Municipal Court District, has commenced construction on a courthouse with at least six courtrooms in the West San Fernando Valley, has commenced construction on a courthouse with at least two courtrooms in the community of Hollywood, and has commenced construction on a courthouse for the West Los Angeles Branch of the Los Angeles Municipal Court District. (d) All courtroom construction in the County of Los Angeles which utilizes moneys from the Courthouse Construction Fund or moneys borrowed against the Courthouse Construction Fund shall be within the boundaries of the San Fernando Valley Statistical Area, within the boundaries of the Los Cerritos Municipal Court District, within the boundaries of the East Los Angeles Municipal Court District, within the Downey Municipal Court District, within the community of Hollywood, within the West Los Angeles Branch of the Los Angeles Municipal Court District, within the Pasadena Judicial District, within the Southeast Municipal Court District, within the South Bay Judicial District, within the Santa Monica Judicial District, within the Antelope Valley Judicial District, or within the Long Beach Judicial District until the time that the County of Los Angeles has fulfilled the requirements of subdivisions (b) and (c), and has commenced construction of new facilities or the expansion of existing facilities for the municipal courts in the Pasadena Judicial District, the north and south branches of the Southeast Municipal Court District, and the South Bay Judicial District, has commenced construction on a courthouse for the superior court with at least 18 courtrooms in the North Hollywood Redevelopment Project Area of the City of Los Angeles or immediately adjacent thereto, and has commenced construction of new facilities for the superior and municipal courts in the Santa Monica Judicial District, the Antelope Valley Judicial District, and the Long Beach Judicial District. (e) For purposes of this section, the San Fernando Valley Statistical Area includes all land within the San Fernando Valley Statistical Area (as defined in subdivision (e) of Section 11093) as well as the City of San Fernando, the City of Hidden Hills, and the unincorporated areas of Los Angeles County located west of the City of Los Angeles, east and south of the Ventura County line, and north of a line extended westerly from the southern boundary of the San Fernando Valley Statistical Area (as defined in subdivision (c) of Section 11093). (f) The moneys of the Courthouse Construction Fund together with any interest earned thereon shall be payable only for courtroom construction and land acquisition as authorized in subdivision (b) and, after the requirement of subdivision (b) has been met, shall be payable only for courtroom construction and land acquisition as authorized in subdivision (c) and, after the requirements of subdivisions (b) and (c) have been met, shall be payable only for courtroom construction and land acquisition as authorized in subdivision (d). (g) Deposits into the fund shall continue through and including either (1) the 25th year after the initial calendar year in which the surcharge is selected or (2) whatever period of time is necessary to repay any borrowings made by the county to pay for construction provided for in this section, whichever time is longer. (h) The resolution adopted by the Board of Supervisors of the County of Los Angeles on September 2, 1980, stating that the provisions of Chapter 578 of the Statutes of 1980 are necessary to the establishment of adequate courtroom facilities in the County of Los Angeles shall be deemed a resolution stating that the provisions of this section are necessary to the establishment of adequate courtroom facilities in the county, and shall satisfy the requirements of this section. (Amended by Stats. 2000, Ch. 375, Sec. 10. Effective January 1, 2001.)
  188. 76221.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 12. County Penalties [76000 - 76252] ( Chapter 12 added by Stats. 1991, Ch. 189, Sec. 11. ) ## ARTICLE 3. County Provisions [76200 - 76252] ( Article 3 added by Stats. 1991, Ch. 189, Sec. 11. )

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    Deposits to the Marin County Criminal Justice Facilities Construction Fund must continue for a specified period, ending no earlier than the later of the 20th year after surcharge collection begins or retirement of pre-2000 debt for this section.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 12. County Penalties [76000 - 76252] ( Chapter 12 added by Stats. 1991, Ch. 189, Sec. 11. ) ## ARTICLE 3. County Provisions [76200 - 76252] ( Article 3 added by Stats. 1991, Ch. 189, Sec. 11. ) ## 76221. Deposits to the Criminal Justice Facilities Construction Fund established in Marin County pursuant to Section 76101 shall continue through and including the 20th year after the initial calendar year in which the surcharge is collected, or until such time as any debt incurred prior to the year 2000 for the purposes of this section has been retired, whichever is longer. (Added by Stats. 1991, Ch. 189, Sec. 11. Effective July 29, 1991.)
  189. 76224.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 12. County Penalties [76000 - 76252] ( Chapter 12 added by Stats. 1991, Ch. 189, Sec. 11. ) ## ARTICLE 3. County Provisions [76200 - 76252] ( Article 3 added by Stats. 1991, Ch. 189, Sec. 11. )

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    Deposits to two county courthouse-related construction funds must continue until the later of two 30-year periods tied to surcharge collection or construction borrowings.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 12. County Penalties [76000 - 76252] ( Chapter 12 added by Stats. 1991, Ch. 189, Sec. 11. ) ## ARTICLE 3. County Provisions [76200 - 76252] ( Article 3 added by Stats. 1991, Ch. 189, Sec. 11. ) ## 76224. Deposits to the Courthouse Construction Fund established in Merced or Sonoma County pursuant to Section 76100 and the Criminal Justice Facilities Construction Fund established in Merced or Sonoma County pursuant to Section 76101 shall continue through and including the 30th year after the initial year in which the surcharge is collected or the 30th year after any borrowings are made for any construction under those sections, whichever comes later. (Amended by Stats. 2002, Ch. 500, Sec. 1. Effective January 1, 2003.)
  190. 76230.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 12. County Penalties [76000 - 76252] ( Chapter 12 added by Stats. 1991, Ch. 189, Sec. 11. ) ## ARTICLE 3. County Provisions [76200 - 76252] ( Article 3 added by Stats. 1991, Ch. 189, Sec. 11. )

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    Orange County’s board of supervisors may create a County Jail Fund by resolution, and the county treasurer must keep the fund money separate and use it only through qualifying public agency funding mechanisms tied to county jail obligations.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 12. County Penalties [76000 - 76252] ( Chapter 12 added by Stats. 1991, Ch. 189, Sec. 11. ) ## ARTICLE 3. County Provisions [76200 - 76252] ( Article 3 added by Stats. 1991, Ch. 189, Sec. 11. ) ## 76230. To assist Orange County in the operation of the county jail, the board of supervisors may establish by resolution a County Jail Fund to be funded with a transfer of any funds remaining in the Orange County Transition Planning Fund collected prior to July 1, 1990. The fund moneys, together with any interest earned thereon, shall be held by the county treasurer, separate from any other funds and shall be expended through any public agency funding mechanism which reduces an obligation incurred in the operation of the county jail, including, but not limited to, retirement of bonded indebtedness, loan repayments, and monthly payments involving lease-purchase programs. (Amended by Stats. 1992, Ch. 55, Sec. 1. Effective May 14, 1992.)
  191. 76245.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 12. County Penalties [76000 - 76252] ( Chapter 12 added by Stats. 1991, Ch. 189, Sec. 11. ) ## ARTICLE 3. County Provisions [76200 - 76252] ( Article 3 added by Stats. 1991, Ch. 189, Sec. 11. )

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    This section names two Shasta County funds.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 12. County Penalties [76000 - 76252] ( Chapter 12 added by Stats. 1991, Ch. 189, Sec. 11. ) ## ARTICLE 3. County Provisions [76200 - 76252] ( Article 3 added by Stats. 1991, Ch. 189, Sec. 11. ) ## 76245. (a) The fund established in Shasta County pursuant to Section 76100 shall be known as the Statham Courthouse Construction Fund. (b) The fund established in Shasta County pursuant to Section 76101 shall be known as the Statham Criminal Justice Facilities Construction Fund. (Amended by Stats. 2002, Ch. 784, Sec. 504. Effective January 1, 2003.)
  192. 76248.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 12. County Penalties [76000 - 76252] ( Chapter 12 added by Stats. 1991, Ch. 189, Sec. 11. ) ## ARTICLE 3. County Provisions [76200 - 76252] ( Article 3 added by Stats. 1991, Ch. 189, Sec. 11. )

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    The board of supervisors may create a County Jail Fund by resolution. Fund money and interest may be used only for county jail operations, and deposits continue until January 1, 2000.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 12. County Penalties [76000 - 76252] ( Chapter 12 added by Stats. 1991, Ch. 189, Sec. 11. ) ## ARTICLE 3. County Provisions [76200 - 76252] ( Article 3 added by Stats. 1991, Ch. 189, Sec. 11. ) ## 76248. To assist Solano County in county jail operations, the board of supervisors may establish by resolution a County Jail Fund pursuant to Section 76105. (a) The moneys in the fund, together with any interest earned thereon, shall be payable only for county jail operations. The money in the fund may be used through any public agency funding mechanism, including, but not limited to, retirement of bonded indebtedness, loan repayments, and monthly payments involving lease-purchase programs, which reduce an obligation incurred in reliance upon the authority granted by this section. (b) Deposits to the County Jail Fund shall continue until January 1, 2000. (Added by Stats. 1991, Ch. 189, Sec. 11. Effective July 29, 1991.)
  193. 76251.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 12. County Penalties [76000 - 76252] ( Chapter 12 added by Stats. 1991, Ch. 189, Sec. 11. ) ## ARTICLE 3. County Provisions [76200 - 76252] ( Article 3 added by Stats. 1991, Ch. 189, Sec. 11. )

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    The board of supervisors may create a Juvenile Justice Facilities Construction Fund in the county treasury, and fund money may be used only for specified county juvenile justice facility purposes and related financing uses.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 12. County Penalties [76000 - 76252] ( Chapter 12 added by Stats. 1991, Ch. 189, Sec. 11. ) ## ARTICLE 3. County Provisions [76200 - 76252] ( Article 3 added by Stats. 1991, Ch. 189, Sec. 11. ) ## 76251. (a) To assist the County of Ventura in the improvement of county juvenile justice facilities or county juvenile justice rehabilitation facilities, the board of supervisors may by resolution establish in the county treasury a Juvenile Justice Facilities Construction Fund pursuant to Section 76105. The moneys in the Juvenile Justice Facilities Construction Fund shall be payable for construction, reconstruction, expansion, improvement, operation, or maintenance of county juvenile justice or county juvenile justice rehabilitation facilities. (b) The money in the fund may be used to finance any public agency funding mechanism which reduces an obligation incurred in reliance upon the authority granted by this section, including, but not limited to, retirement of bonded indebtedness, loan repayments, and monthly payments involving lease-purchase programs. (c) Deposits into the fund shall continue to and including either (1) the 20th year after the enactment of this section or (2) whatever period of time is necessary to repay all borrowings or bonded indebtedness incurred by the county to pay for construction provided for in this section, whichever is longer. (Added by Stats. 2001, Ch. 432, Sec. 1. Effective January 1, 2002.)
  194. 76252.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 12. County Penalties [76000 - 76252] ( Chapter 12 added by Stats. 1991, Ch. 189, Sec. 11. ) ## ARTICLE 3. County Provisions [76200 - 76252] ( Article 3 added by Stats. 1991, Ch. 189, Sec. 11. )

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    Deposits to the Ventura County Courthouse Construction Fund must continue through the later of two 25-year periods tied to surcharge collection or construction borrowings.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 12. County Penalties [76000 - 76252] ( Chapter 12 added by Stats. 1991, Ch. 189, Sec. 11. ) ## ARTICLE 3. County Provisions [76200 - 76252] ( Article 3 added by Stats. 1991, Ch. 189, Sec. 11. ) ## 76252. Deposits to the Courthouse Construction Fund established in Ventura County pursuant to Section 76100 shall continue to and including the 25th year after the initial year in which the surcharge is collected or the 25th year after any borrowings are made for any construction funded pursuant to that section, whichever comes later. (Added by Stats. 2001, Ch. 432, Sec. 2. Effective January 1, 2002.)
  195. 77000.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 13. State Funding of Trial Courts [77000 - 77400] ( Chapter 13 repealed and added by Stats. 1988, Ch. 945, Sec. 10. ) ## ARTICLE 1. General Provisions [77000 - 77013] ( Article 1 added by Stats. 1988, Ch. 945, Sec. 10. )

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    This section names the chapter the Brown-Presley Trial Court Funding Act and says it 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 13. State Funding of Trial Courts [77000 - 77400] ( Chapter 13 repealed and added by Stats. 1988, Ch. 945, Sec. 10. ) ## ARTICLE 1. General Provisions [77000 - 77013] ( Article 1 added by Stats. 1988, Ch. 945, Sec. 10. ) ## 77000. This chapter shall be known and may be cited as the Brown-Presley Trial Court Funding Act. (Repealed and added by Stats. 1988, Ch. 945, Sec. 10. Effective September 16, 1988. Conditionally inoperative as provided in Section 77400.)
  196. 77001.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 13. State Funding of Trial Courts [77000 - 77400] ( Chapter 13 repealed and added by Stats. 1988, Ch. 945, Sec. 10. ) ## ARTICLE 1. General Provisions [77000 - 77013] ( Article 1 added by Stats. 1988, Ch. 945, Sec. 10. )

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    The Judicial Council must adopt rules that create a decentralized system for trial court management.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 13. State Funding of Trial Courts [77000 - 77400] ( Chapter 13 repealed and added by Stats. 1988, Ch. 945, Sec. 10. ) ## ARTICLE 1. General Provisions [77000 - 77013] ( Article 1 added by Stats. 1988, Ch. 945, Sec. 10. ) ## 77001. The Judicial Council shall adopt rules which establish a decentralized system of trial court management. These rules shall ensure: (a) Local authority and responsibility of trial courts to manage day-to-day operations. (b) Countywide administration of the trial courts. (c) The authority and responsibility of trial courts to manage all of the following, consistent with statute, rules of court, and standards of judicial administration: (1) Annual allocation of funding, including policies and procedures about moving funding between functions or line items or programs. (2) Local personnel plans, including the promulgation of personnel policies. (3) Processes and procedures to improve court operations and responsiveness to the public. (4) The trial courts of each county shall establish the means of selecting presiding judges, assistant presiding judges, executive officers or court administrators, clerks of court, and jury commissioners. (d) Trial court input into the Judicial Council budget process. (e) Equal access to justice throughout California utilizing standard practices and procedures whenever feasible. (Amended by Stats. 2001, Ch. 812, Sec. 19. Effective January 1, 2002. Conditionally inoperative as provided in Section 77400.)
  197. 77002.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 13. State Funding of Trial Courts [77000 - 77400] ( Chapter 13 repealed and added by Stats. 1988, Ch. 945, Sec. 10. ) ## ARTICLE 1. General Provisions [77000 - 77013] ( Article 1 added by Stats. 1988, Ch. 945, Sec. 10. )

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    “Board” means the board of supervisors of a county for purposes of this chapter.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 13. State Funding of Trial Courts [77000 - 77400] ( Chapter 13 repealed and added by Stats. 1988, Ch. 945, Sec. 10. ) ## ARTICLE 1. General Provisions [77000 - 77013] ( Article 1 added by Stats. 1988, Ch. 945, Sec. 10. ) ## 77002. As used in this chapter, “board” means the board of supervisors of a county. (Repealed and added by Stats. 1988, Ch. 945, Sec. 10. Effective September 16, 1988. Conditionally inoperative as provided in Section 77400.)
  198. 77003.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 13. State Funding of Trial Courts [77000 - 77400] ( Chapter 13 repealed and added by Stats. 1988, Ch. 945, Sec. 10. ) ## ARTICLE 1. General Provisions [77000 - 77013] ( Article 1 added by Stats. 1988, Ch. 945, Sec. 10. )

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    This section defines “court operations” for this chapter and lists what it includes and excludes.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 13. State Funding of Trial Courts [77000 - 77400] ( Chapter 13 repealed and added by Stats. 1988, Ch. 945, Sec. 10. ) ## ARTICLE 1. General Provisions [77000 - 77013] ( Article 1 added by Stats. 1988, Ch. 945, Sec. 10. ) ## 77003. (a) As used in this chapter, “court operations” means all of the following: (1) Salaries, benefits, and public agency retirement contributions for superior court judges and for subordinate judicial officers. For purposes of this paragraph, “subordinate judicial officers” includes all commissioner or referee positions created prior to July 1, 1997, including positions created in the municipal court prior to July 1, 1997, which thereafter became positions in the superior court as a result of unification of the municipal and superior courts in a county, and including those commissioner positions created pursuant to former Sections 69904, 70141, 70141.9, 70142.11, 72607, 73794, 74841.5, and 74908; and includes any staff who provide direct support to commissioners; but does not include commissioners or staff who provide direct support to the commissioners whose positions were created after July 1, 1997, unless approved by the Judicial Council, subject to availability of funding. (2) The salary, benefits, and public agency retirement contributions for other court staff. (3) Court security, but only to the extent consistent with court responsibilities under Article 8.5 (commencing with Section 69920) of Chapter 5. (4) Court-appointed counsel in juvenile court dependency proceedings and counsel appointed by the court to represent a minor pursuant to Chapter 10 (commencing with Section 3150) of Part 2 of Division 8 of the Family Code. (5) Services and supplies relating to court operations. (6) Collective bargaining under Sections 71630 and 71639.3 with respect to court employees. (7) Subject to paragraph (1) of subdivision (d) of Section 77212, actual indirect costs for county and city and county general services attributable to court operations, but specifically excluding, but not limited to, law library operations conducted by a trust pursuant to statute; courthouse construction; district attorney services; probation services; indigent criminal defense; grand jury expenses and operations; and pretrial release services. (8) Except as provided in subdivision (b), and subject to Article 8.5 (commencing with Section 69920) of Chapter 5, other matters listed as court operations in Rule 10.810 of the California Rules of Court as it read on January 1, 2007. (b) However, “court operations” does not include collection enhancements as defined in Rule 10.810 of the California Rules of Court as it read on January 1, 2007. (Amended by Stats. 2012, Ch. 41, Sec. 54. (SB 1021) Effective June 27, 2012. Conditionally inoperative as provided in Section 77400.)
  199. 77004.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 13. State Funding of Trial Courts [77000 - 77400] ( Chapter 13 repealed and added by Stats. 1988, Ch. 945, Sec. 10. ) ## ARTICLE 1. General Provisions [77000 - 77013] ( Article 1 added by Stats. 1988, Ch. 945, Sec. 10. )

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    This section defines “option county” as a county that has adopted this chapter for the current fiscal year.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 13. State Funding of Trial Courts [77000 - 77400] ( Chapter 13 repealed and added by Stats. 1988, Ch. 945, Sec. 10. ) ## ARTICLE 1. General Provisions [77000 - 77013] ( Article 1 added by Stats. 1988, Ch. 945, Sec. 10. ) ## 77004. As used in this chapter, “option county” means a county which has adopted the provisions of this chapter for the current fiscal year. (Added by Stats. 1988, Ch. 945, Sec. 10. Effective September 16, 1988. Conditionally inoperative as provided in Section 77400.)
  200. 77005.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 13. State Funding of Trial Courts [77000 - 77400] ( Chapter 13 repealed and added by Stats. 1988, Ch. 945, Sec. 10. ) ## ARTICLE 1. General Provisions [77000 - 77013] ( Article 1 added by Stats. 1988, Ch. 945, Sec. 10. )

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    This section defines “state-mandated local program” as reimbursements owed by operation of specified constitutional or Government Code provisions.

    ## Government Code - GOV ## TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS [68070 - 77655] ( Title 8 added by Stats. 1953, Ch. 206. ) ## CHAPTER 13. State Funding of Trial Courts [77000 - 77400] ( Chapter 13 repealed and added by Stats. 1988, Ch. 945, Sec. 10. ) ## ARTICLE 1. General Provisions [77000 - 77013] ( Article 1 added by Stats. 1988, Ch. 945, Sec. 10. ) ## 77005. As used in this chapter, “state-mandated local program” means any and all reimbursements owed or owing by operation of either Section 6 of Article XIII B of the California Constitution, or Section 17561 of the Government Code, or both. (Added by Stats. 1988, Ch. 945, Sec. 10. Effective September 16, 1988. Conditionally inoperative as provided in Section 77400.)

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