2005 California Government Code Sections 9357-9358.1 Article 5. Contributions

GOVERNMENT CODE
SECTION 9357-9358.1

9357.  For each year of service rendered after the date this chapter
becomes operative, each legislator who is a member of this system
shall contribute 4 percent of his or her compensation as a legislator
unless he or she is subject to other contribution provisions of this
chapter. Those contributions shall be paid as provided in Section
9357.1.
9357.01.  Notwithstanding the provisions of Section 9357 or 9357.05,
the rate of contribution for a member of the system first elected
after the date this section becomes operative shall be 8 percent.
9357.05.  Each person who is a member of the system pursuant to
Section 9355.45 shall contribute 61/2 percent of his or her
compensation for each year of service rendered as a member of the
system.  Those contributions shall be paid as provided in Section
9357.15.
9357.1.  Immediately upon receipt of the written election of a
legislator to become a member of this system, the board of
administration shall certify to the State Controller the name of that
member.  The Controller shall deduct from each warrant drawn in
payment of compensation to the member the amount of contribution at
the rate prescribed by the provisions of this chapter with respect to
his or her service as a member of this system, and shall remit that
amount to the board of administration, to be deposited in the
Legislators' Retirement Fund.
9357.15.  With respect to each person who is a member of the system
pursuant to Section 9355.45, the Controller shall deduct 61/2 percent
from each warrant drawn in payment of compensation to such member,
and 8 percent from each warrant drawn in payment of compensation to
such members first elected after March 4, 1972, and shall remit such
amount to the board of administration, to be deposited in the
Legislators' Retirement Fund.
9357.2.  Any member who rendered service prior to the date he or she
became a member may elect, at any time prior to retirement, to
contribute to the Legislators' Retirement Fund for each year or
fraction thereof for which he or she desires to receive credit for
service, a percentage of the compensation received by him or her in
respect to that service at the rate prescribed by the provisions of
this chapter with respect to his or her service as a member of this
system.
    Those contributions may be paid by lump sum payment or by
installment payments over a period not in excess of the length of
time for which the member has elected to receive credit for the prior
service, at times and in a manner fixed by the board.  No member
shall receive credit for any service for which he or she has not
contributed as required by this chapter.
9357.3.  If the membership of a member is terminated, except by
death or retirement pursuant to this chapter, he or she shall be paid
forthwith all of his or her accumulated contributions.
9357.4.  A member may redeposit in the Legislators' Retirement Fund,
in one sum or in not to exceed 12 monthly or 24 semimonthly
payments, an amount equal to any accumulated contributions that have
been repaid to him or her pursuant to Section 9357.3, subject to
minimum payments fixed by the board, and if he or she makes a
redeposit, he or she shall receive credit for all service with which
he or she was credited at the time of the repayment.
9357.45.  Notwithstanding any other provisions of this chapter, a
person who was a member and entitled to be credited with 10 or more
years of service as a Member of the Senate or Assembly and who
withdrew his or her accumulated contributions prior to October 1,
1961, and after discontinuance of service, may, at any time before
December 31, 1965, redeposit in the fund in one sum an amount equal
to the accumulated contributions withdrawn plus the interest that
would have been credited to those accumulated contributions had they
not been withdrawn, using the rate of interest in effect at the time
of redeposit.
   Upon the redeposit the person shall become a member with the
rights provided under this chapter to a member who elected under
Section 9355.2 to allow his or her contributions to remain in the
fund.
9357.46.  Any person who was a member and who withdrew his or her
accumulated contributions after discontinuance of service may, at any
time while he or she is in employment in which he or she is a member
of the Public Employees' Retirement System or the State Teachers'
Retirement System, redeposit into the fund in one sum an amount equal
to the accumulated contributions withdrawn plus the interest that
would have been credited to those accumulated contributions had they
not been withdrawn, using the rate of interest in effect at the time
of redeposit.
   Upon the redeposit, the person shall become a member with the
rights provided a member who elected under Section 9355.2 to allow
his or her contributions to remain in the fund.
9357.5.  Upon reentering this system after a termination of his or
her membership, if a member does not elect to make, or having so
elected, does not make, a redeposit, he or she reenters as a new
member, without credit for any service.
9358.  (a) On and after January 1, 2000, the state's contribution on
account of liability for benefits under this chapter shall be
established in accordance with Section 20814.
   (b) When the actuarial value of assets exceeds the present value
of benefits as of the most recently completed valuation, resulting in
a 0 percent contribution rate for the state, as determined by the
board, the board may reduce the member contribution rates described
in Sections 9357, 9357.01, 9357.05, and 9357.15 for the same fiscal
year in which the state rate is reduced to 0 percent.
   However, for any fiscal year during which the state's contribution
rate is greater than 0 percent, the members of the system shall pay
the applicable member contribution rates described in Sections 9357,
9357.01, 9357.05, and 9357.15.
9358.01.  Notwithstanding any other provision of law, the state 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 paid by
a member.  The payment shall be reported as employer-paid
contributions and shall be credited to member accounts.
   Nothing in this section shall be construed to limit the authority
of the state to periodically eliminate the pickup by the state of all
of the normal contributions required to be paid by the member, as
authorized by this section.
9358.1.  The board shall report annually to the Joint Rules
Committee the rate of contributions which, if paid by the state
pursuant to Section 9358, would fully amortize the unfunded actuarial
obligation of this system over a period of not to exceed 40 years.


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