There is a newer version of the California Code
2005 California Government Code Sections 21350-21390 Article 4. Retirement for Service
GOVERNMENT CODESECTION 21350-21390
21350. Upon retirement for service, a member is entitled to receive
a service retirement allowance which shall consist of:
(a) The member's service retirement annuity, including, with
respect to patrol members and solely in respect to the portion of the
annuity derived from the normal accumulated contributions of those
members, respectively, automatic continuance to surviving spouse, or
if there is no spouse at retirement, to surviving children, or if
there are no eligible surviving children at retirement, to surviving
dependent parents as provided in this article.
(b) The member's current service pension.
(c) The member's prior service pension.
21351. The actual amount of annuity receivable by a member upon
retirement shall be the actuarial equivalent of his or her
accumulated contributions.
21352. The service retirement annuity is the sum of the annuities
which are the actuarial equivalents of the normal and additional
accumulated contributions of a member at the time of his or her
retirement.
21353. (a) The combined current and prior service pensions for a
local miscellaneous member, a school member, a state miscellaneous or
state industrial member, or a university member is a pension derived
from the contributions of the employer sufficient, when added to the
service retirement annuity that is derived from the accumulated
normal contributions of the member at the date of retirement, to
equal the fraction of one-fiftieth of the member's final compensation
set forth opposite the member's age at retirement, taken to the
preceding completed quarter year, in the following table, multiplied
by the number of years of current and prior service except service in
a category of membership other than that of state or state
industrial member, local miscellaneous member, school member, or a
university member, or service covered under this First Tier
retirement formula, with which the member is entitled to be credited
at retirement:
Age of
Retirement Fraction
50 ............................... .546
50 1/4 ............................... .554
50 1/2 ............................... .562
50 3/4 ............................... .570
51 ............................... .578
51 1/4 ............................... .586
51 1/2 ............................... .595
51 3/4 ............................... .603
52 ............................... .612
52 1/4 ............................... .621
52 1/2 ............................... .630
52 3/4 ............................... .639
53 ............................... .648
53 1/4 ............................... .658
53 1/2 ............................... .668
53 3/4 ............................... .678
54 ............................... .688
54 1/4 ............................... .698
54 1/2 ............................... .709
54 3/4 ............................... .719
55 ............................... .730
55 1/4 ............................... .741
55 1/2 ............................... .753
55 3/4 ............................... .764
56 ............................... .776
56 1/4 ............................... .788
56 1/2 ............................... .800
56 3/4 ............................... .813
57 ............................... .825
57 1/4 ............................... .839
57 1/2 ............................... .852
57 3/4 ............................... .865
58 ............................... .879
58 1/4 ............................... .893
58 1/2 ............................... .908
58 3/4 ............................... .923
59 ............................... .937
59 1/4 ............................... .953
59 1/2 ............................... .969
59 3/4 ............................... .985
60 ............................... 1.000
60 1/4 ............................... 1.017
60 1/2 ............................... 1.034
60 3/4 ............................... 1.050
61 ............................... 1.067
61 1/4 ............................... 1.084
61 1/2 ............................... 1.101
61 3/4 ............................... 1.119
62 ............................... 1.136
62 1/4 ............................... 1.154
62 1/2 ............................... 1.173
62 3/4 ............................... 1.191
63 and over .......................... 1.209
(b) The fractions specified in the above table shall be reduced by
one-third as applied to that part of final compensation that does
not exceed four hundred dollars ($400) per month for all service of a
member any of whose service has been included in the federal system.
This reduction shall not apply to a member employed by a
contracting agency that enters into a contract after July 1, 1971,
and elects not to be subject to this paragraph or with respect to
service rendered after the termination of coverage under the federal
system with respect to the coverage group to which the member
belongs.
(c) The improved retirement allowance provided by this section is
granted subject to future reduction prior to a member's retirement,
by offset of federal system benefits or otherwise, as the Legislature
may from time to time deem appropriate because of changes in the
federal system benefits.
(d) With the exception of state miscellaneous members for service
rendered for the California State University or the legislative or
judicial branch of government, this section shall apply to state
miscellaneous and state industrial members who are not employed by
the state on or after January 1, 2000.
21353.5. The combined current and prior service pensions for a
state miscellaneous or industrial member who has elected to be
subject to the service retirement formula prescribed in this section,
as provided by Sections 21071 and 21073.5, is a pension derived from
the contributions of the employer sufficient, when added to the
service retirement annuity that is derived from the accumulated
normal contributions of the member at the date of retirement, to
equal the fraction of one-fiftieth of the member's final compensation
set forth opposite the member's age at retirement, taken to the
preceding completed quarter year, in the following table, multiplied
by the number of years of current and prior service, except service
in a category of membership other than that credited under this
section, with which the member is entitled to be credited at
retirement:
Age of
Retirement Fraction
50 ................................... .546
50 1/4 ............................... .554
50 1/2 ............................... .562
50 3/4 ............................... .570
51 ................................... .578
51 1/4 ............................... .586
51 1/2 ............................... .595
51 3/4 ............................... .603
52 ................................... .612
52 1/4 ............................... .621
52 1/2 ............................... .630
52 3/4 ............................... .639
53 ................................... .648
53 1/4 ............................... .658
53 1/2 ............................... .668
53 3/4 ............................... .678
54 ................................... .688
54 1/4 ............................... .698
54 1/2 ............................... .709
54 3/4 ............................... .719
55 ................................... .730
55 1/4 ............................... .741
55 1/2 ............................... .753
55 3/4 ............................... .764
56 ................................... .776
56 1/4 ............................... .788
56 1/2 ............................... .800
56 3/4 ............................... .813
57 ................................... .825
57 1/4 ............................... .839
57 1/2 ............................... .852
57 3/4 ............................... .865
58 ................................... .879
58 1/4 ............................... .893
58 1/2 ............................... .908
58 3/4 ............................... .923
59 ................................... .937
59 1/4 ............................... .953
59 1/2 ............................... .969
59 3/4 ............................... .985
60 and over .......................... 1.000
The fractions specified in the above table shall be reduced by
one-third as applied to that part of final compensation which does
not exceed four hundred dollars ($400) per month for all service of a
member any of whose service has been included in the federal system.
The retirement allowance provided by this section, which shall be
effective for members who retire on and after April 1, 1998, is
granted subject to future reduction prior to a member's retirement,
by offset of federal system benefits or otherwise, as the Legislature
may from time to time deem appropriate because of changes in such
federal system benefits.
21353.5. The combined current and prior service pensions for a
state miscellaneous or industrial member who has elected to be
subject to the service retirement formula prescribed in this section,
as provided by Sections 21071 and 21073.5, is a pension derived from
the contributions of the employer sufficient, when added to the
service retirement annuity that is derived from the accumulated
normal contributions of the member at the date of retirement, to
equal the fraction of one-fiftieth of the member's final compensation
set forth opposite the member's age at retirement, taken to the
preceding completed quarter year, in the following table, multiplied
by the number of years of current and prior service, except service
in a category of membership other than that credited under this
section, with which the member is entitled to be credited at
retirement:
Age of
Retirement Fraction
50 ................................... .546
50 1/4 ............................... .554
50 1/2 ............................... .562
50 3/4 ............................... .570
51 ................................... .578
51 1/4 ............................... .586
51 1/2 ............................... .595
51 3/4 ............................... .603
52 ................................... .612
52 1/4 ............................... .621
52 1/2 ............................... .630
52 3/4 ............................... .639
53 ................................... .648
53 1/4 ............................... .658
53 1/2 ............................... .668
53 3/4 ............................... .678
54 ................................... .688
54 1/4 ............................... .698
54 1/2 ............................... .709
54 3/4 ............................... .719
55 ................................... .730
55 1/4 ............................... .741
55 1/2 ............................... .753
55 3/4 ............................... .764
56 ................................... .776
56 1/4 ............................... .788
56 1/2 ............................... .800
56 3/4 ............................... .813
57 ................................... .825
57 1/4 ............................... .839
57 1/2 ............................... .852
57 3/4 ............................... .865
58 ................................... .879
58 1/4 ............................... .893
58 1/2 ............................... .908
58 3/4 ............................... .923
59 ................................... .937
59 1/4 ............................... .953
59 1/2 ............................... .969
59 3/4 ............................... .985
60 and over .......................... 1.000
The fractions specified in the above table shall be reduced by
one-third as applied to that part of final compensation which does
not exceed four hundred dollars ($400) per month for all service of a
member any of whose service has been included in the federal system.
The retirement allowance provided by this section, which shall be
effective for members who retire on and after April 1, 1998, is
granted subject to future reduction prior to a member's retirement,
by offset of federal system benefits or otherwise, as the Legislature
may from time to time deem appropriate because of changes in such
federal system benefits.
21353.5. (a) The combined current and prior service pensions for a
state miscellaneous or state industrial member who has elected to be
subject to the service retirement formula prescribed in this section,
as provided by Sections 21071 and 21073.5, is a pension derived from
the contributions of the employer sufficient, when added to the
service retirement annuity that is derived from the accumulated
normal contributions of the member at the date of retirement, to
equal the fraction of one-fiftieth of the member's final compensation
set forth opposite the member's age at retirement, taken to the
preceding completed quarter year, in the following table, multiplied
by the number of years of current and prior service, except service
in a category of membership other than that credited under this
section, with which the member is entitled to be credited at
retirement:
Age of
Retirement Fraction
50 ................................... .546
50 1/4 ............................... .554
50 1/2 ............................... .562
50 3/4 ............................... .570
51 ................................... .578
51 1/4 ............................... .586
51 1/2 ............................... .595
51 3/4 ............................... .603
52 ................................... .612
52 1/4 ............................... .621
52 1/2 ............................... .630
52 3/4 ............................... .639
53 ................................... .648
53 1/4 ............................... .658
53 1/2 ............................... .668
53 3/4 ............................... .678
54 ................................... .688
54 1/4 ............................... .698
54 1/2 ............................... .709
54 3/4 ............................... .719
55 ................................... .730
55 1/4 ............................... .741
55 1/2 ............................... .753
55 3/4 ............................... .764
56 ................................... .776
56 1/4 ............................... .788
56 1/2 ............................... .800
56 3/4 ............................... .813
57 ................................... .825
57 1/4 ............................... .839
57 1/2 ............................... .852
57 3/4 ............................... .865
58 ................................... .879
58 1/4 ............................... .893
58 1/2 ............................... .908
58 3/4 ............................... .923
59 ................................... .937
59 1/4 ............................... .953
59 1/2 ............................... .969
59 3/4 ............................... .985
60 and over .......................... 1.000
(b) The fractions specified in the above table shall be reduced by
one-third as applied to that part of final compensation that does
not exceed four hundred dollars ($400) per month for all service of a
member any of whose service has been included in the federal system.
(c) The retirement allowance provided by this section, which shall
be effective for members who retire on and after April 1, 1998, is
granted subject to future reduction prior to a member's retirement,
by offset of federal system benefits or otherwise, as the Legislature
may from time to time deem appropriate because of changes in the
federal system benefits.
(d) This section shall become inoperative on January 1, 2000.
(e) The amendments to this section enacted during the first year
of the 1999-2000 Regular Session are subject to the limitations set
forth in Section 21251.13.
21354. The combined current and prior service pensions for a local
miscellaneous member is a pension derived from the contribution of
the employer sufficient, when added to the service retirement annuity
that is derived from the accumulated normal contributions of the
member at the date of retirement, to equal the fraction of
one-fiftieth of the member's final compensation set forth opposite
the member's age at retirement, taken to the preceding completed
quarter year, in the following table, multiplied by the number of
years of current and prior service except service in a category of
membership other than that of local miscellaneous member with which
the member is entitled to be credited at retirement:
Age of Retirement Fraction
50 .................................................. 0.713
50 1/4 .............................................. 0.725
50 1/2 .............................................. 0.737
50 3/4 .............................................. 0.749
51 .................................................. 0.761
51 1/4 .............................................. 0.775
51 1/2 .............................................. 0.788
51 3/4 .............................................. 0.801
52 .................................................. 0.814
52 1/4 .............................................. 0.828
52 1/2 .............................................. 0.843
52 3/4 .............................................. 0.857
53 .................................................. 0.871
53 1/4 .............................................. 0.886
53 1/2 .............................................. 0.902
53 3/4 .............................................. 0.917
54 .................................................. 0.933
54 1/4 .............................................. 0.950
54 1/2 .............................................. 0.966
54 3/4 .............................................. 0.983
55 .................................................. 1.000
55 1/4 .............................................. 1.007
55 1/2 .............................................. 1.013
55 3/4 .............................................. 1.020
56 .................................................. 1.026
56 1/4 .............................................. 1.033
56 1/2 .............................................. 1.039
56 3/4 .............................................. 1.046
57 .................................................. 1.052
57 1/4 .............................................. 1.059
57 1/2 .............................................. 1.065
57 3/4 .............................................. 1.072
58 .................................................. 1.078
58 1/4 .............................................. 1.085
58 1/2 .............................................. 1.091
58 3/4 .............................................. 1.098
59 .................................................. 1.105
59 1/4 .............................................. 1.111
59 1/2 .............................................. 1.118
59 3/4 .............................................. 1.124
60 .................................................. 1.131
60 1/4 .............................................. 1.137
60 1/2 .............................................. 1.144
60 3/4 .............................................. 1.150
61 .................................................. 1.157
61 1/4 .............................................. 1.163
61 1/2 .............................................. 1.170
61 3/4 .............................................. 1.176
62 .................................................. 1.183
62 1/4 .............................................. 1.189
62 1/2 .............................................. 1.196
62 3/4 .............................................. 1.202
63 .................................................. 1.209
The fraction specified in the above table shall be reduced by
one-third as applied to that part of final compensation that does not
exceed four hundred dollars ($400) per month for all services of a
member any of whose service has been included in the federal system.
This reduction shall not apply to a member employed by a contracting
agency that enters into a contract after July 1, 1971, and who
elects not to be subject to this paragraph or with respect to service
rendered after the termination of coverage under the federal system
with respect to the coverage group to which the member belongs.
This section shall supersede Section 21353 with respect to all
local miscellaneous members who retire after the date this section
becomes applicable to their respective employers.
This section shall not apply to a contracting agency nor its
employees until the contracting agency elects to make all local
miscellaneous members subject to it by amendment to its contract made
in the manner prescribed for approval of contracts or in the case of
a new contract, by express provision of the contract. The operative
date of this section with respect to a local miscellaneous member
shall be the effective date of the amendment to his or her employer's
contract electing to be subject to this section.
21354.1. (a) The combined current and prior service pensions for
school members, state miscellaneous or state industrial members, or
university members who are subject to the provisions of this section
is a pension derived from the contributions of the employer
sufficient, when added to the service retirement annuity that is
derived from the accumulated normal contributions of the member at
the date of retirement, to equal the fraction of one-fiftieth of the
member's final compensation set forth opposite the member's age at
retirement, taken to the preceding completed quarter year, in the
following table, multiplied by the number of years of current and
prior service, except service in a category of membership other than
that of a school member, state miscellaneous or state industrial
member, or university member or service covered under this retirement
formula with which the member is entitled to be credited at
retirement:
Age at
retirement Fraction
50 ............................... 0.550
50 1/4 ............................... 0.573
50 1/2 ............................... 0.595
50 3/4 ............................... 0.618
51 ............................... 0.640
51 1/4 ............................... 0.663
51 1/2 ............................... 0.685
51 3/4 ............................... 0.708
52 ............................... 0.730
52 1/4 ............................... 0.753
52 1/2 ............................... 0.775
52 3/4 ............................... 0.798
53 ............................... 0.820
53 1/4 ............................... 0.843
53 1/2 ............................... 0.865
53 3/4 ............................... 0.888
54 ............................... 0.910
54 1/4 ............................... 0.933
54 1/2 ............................... 0.955
54 3/4 ............................... 0.978
55 ............................... 1.000
55 1/4 ............................... 1.008
55 1/2 ............................... 1.016
55 3/4 ............................... 1.024
56 ............................... 1.032
56 1/4 ............................... 1.040
56 1/2 ............................... 1.048
56 3/4 ............................... 1.055
57 ............................... 1.063
57 1/4 ............................... 1.071
57 1/2 ............................... 1.079
57 3/4 ............................... 1.086
58 ............................... 1.094
58 1/4 ............................... 1.102
58 1/2 ............................... 1.110
58 3/4 ............................... 1.118
59 ............................... 1.125
59 1/4 ............................... 1.134
59 1/2 ............................... 1.141
59 3/4 ............................... 1.149
60 ............................... 1.157
60 1/4 ............................... 1.165
60 1/2 ............................... 1.173
60 3/4 ............................... 1.180
61 ............................... 1.188
61 1/4 ............................... 1.196
61 1/2 ............................... 1.203
61 3/4 ............................... 1.211
62 ............................... 1.219
62 1/4 ............................... 1.227
62 1/2 ............................... 1.235
62 3/4 ............................... 1.243
63 and over .......................... 1.250
(b) The fraction specified in the above table shall be reduced by
one-third as applied to that part of final compensation that does not
exceed four hundred dollars ($400) per month for all service of a
member any of whose service has been included in the federal system.
This subdivision shall not apply to school members whose service is
included in the federal system with respect to service performed on
or after January 1, 2001.
(c) This section shall supersede Section 21353 for all school
members, all university members, and all state miscellaneous members,
with respect to service rendered for the California State University
or the legislative or judicial branch of government, who retire on
or after January 1, 2000.
(d) This section shall also supersede Section 21353 for state
miscellaneous or state industrial members, for service not subject to
subdivision (c), who are employed by the state on or after January
1, 2000, and who do not elect under Section 21070.5 to be subject to
Second Tier benefits.
(e) Operation and application of this section are subject to the
limitations set forth in Section 21251.13.
21354.3. (a) The combined current and prior service pensions for a
local miscellaneous member is a pension derived from the
contributions of the employer sufficient, when added to the service
retirement annuity that is derived from the accumulated normal
contributions of the member at the date of retirement, to equal the
fraction of one-fiftieth of the member's final compensation set forth
opposite the member's age at retirement, taken to the preceding
completed quarter year, in the following table, multiplied by the
number of years of current and prior service except service in a
category of membership other than that of local miscellaneous member
with which the member is entitled to be credited at retirement:
Age at Fraction
Retirement
50 ........................ 1.0000
50 1/4 ........................ 1.0125
50 1/2 ........................ 1.0250
50 3/4 ........................ 1.0375
51 ........................ 1.0500
51 1/4 ........................ 1.0625
51 1/2 ........................ 1.0750
51 3/4 ........................ 1.0875
52 ........................ 1.1000
52 1/4 ........................ 1.1125
52 1/2 ........................ 1.1250
52 3/4 ........................ 1.1375
53 ........................ 1.1500
53 1/4 ........................ 1.1625
53 1/2 ........................ 1.1750
53 3/4 ........................ 1.1875
54 ........................ 1.2000
54 1/4 ........................ 1.2125
54 1/2 ........................ 1.2250
54 3/4 ........................ 1.2375
55 ........................ 1.2500
55 1/4 ........................ 1.2625
55 1/2 ........................ 1.2750
55 3/4 ........................ 1.2875
56 ........................ 1.3000
56 1/4 ........................ 1.3125
56 1/2 ........................ 1.3250
56 3/4 ........................ 1.3375
57 ........................ 1.3500
57 1/4 ........................ 1.3625
57 1/2 ........................ 1.3750
57 3/4 ........................ 1.3875
58 ........................ 1.4000
58 1/4 ........................ 1.4125
58 1/2 ........................ 1.4250
58 3/4 ........................ 1.4375
59 ........................ 1.4500
59 1/4 ........................ 1.4625
59 1/2 ........................ 1.4750
59 3/4 ........................ 1.4875
60 and over ................... 1.5000
(b) The fraction specified in the above table shall be reduced by
one-third as applied to that part of final compensation that does not
exceed four hundred dollars ($400) per month for all services of a
member any of whose service has been included in the federal system.
This reduction shall not apply to a member employed by a contracting
agency that enters into a contract after July 1, 1971, and who
elects not to be subject to this subdivision or with respect to
service rendered after the termination of coverage under the federal
system with respect to the coverage group to which the member
belongs.
(c) This section shall supersede Sections 21353, 21354, 21354.4,
and 21354.5 with respect to any local miscellaneous member who is
employed by a contracting agency on or after the date this section
becomes applicable to the contracting agency.
(d) This section shall not apply to a contracting agency nor its
employees until the contracting agency elects to make all local
miscellaneous members subject to it by amendment to its contract made
in the manner prescribed for approval of contracts or in the case of
a new contract, by express provision of the contract. The operative
date of this section with respect to a local miscellaneous member
shall be the effective date of the amendment to his or her employer's
contract electing to be subject to this section.
21354.4. (a) The combined current and prior service pensions for a
local miscellaneous member is a pension derived from the
contributions of the employer sufficient, when added to the service
retirement annuity that is derived from the accumulated normal
contributions of the member at the date of retirement, to equal the
fraction of one-fiftieth of the member's final compensation set forth
opposite the member's age at retirement, taken to the preceding
completed quarter year, in the following table, multiplied by the
number of years of current and prior service except service in a
category of membership other than that of local miscellaneous member
with which the member is entitled to be credited at retirement:
Age at
Retirement Fraction
50 ................................ 1.0000
50 1/4 ............................... 1.0125
50 1/2 ............................... 1.0250
50 3/4 ............................... 1.0375
51 ............................... 1.0500
51 1/4 ............................... 1.0625
51 1/2 ............................... 1.0750
51 3/4 ............................... 1.0875
52 ................................ 1.1000
52 1/4 ............................... 1.1125
52 1/2 ............................... 1.1250
52 3/4 ............................... 1.1375
53 ................................ 1.1500
53 1/4 ............................... 1.1625
53 1/2 ............................... 1.1750
53 3/4 ............................... 1.1875
54 ................................ 1.2000
54 1/4 ............................... 1.2125
54 1/2 ............................... 1.2250
54 3/4 ............................... 1.2375
55 and over .......................... 1.2500
(b) The fraction specified in the above table shall be reduced by
one-third as applied to that part of final compensation that does not
exceed four hundred dollars ($400) per month for all service of a
member any of whose service has been included in the federal system.
This reduction shall not apply to a member employed by a contracting
agency that enters into a contract after July 1, 1971, and who
elects not to be subject to this subdivision or with respect to
service rendered after the termination of coverage under the federal
system with respect to the coverage group to which the member
belongs.
(c) This section shall supersede Sections 21353 and 21354 with
respect to any local miscellaneous member who is employed by a
contracting agency on or after the date this section becomes
applicable to the contracting agency.
(d) This section shall not apply to a contracting agency nor its
employees until the contracting agency elects to make all local
miscellaneous members subject to it by amendment to its contract made
in the manner prescribed for approval of contracts or in the case of
a new contract, by express provision of the contract. The operative
date of this section with respect to a local miscellaneous member
shall be the effective date of the amendment to his or her employer's
contract electing to be subject to this section.
21354.5. (a) The combined current and prior service pensions for a
local miscellaneous member is a pension derived from the
contributions of the employer sufficient, when added to the service
retirement annuity that is derived from the accumulated normal
contributions of the member at the date of retirement, to equal the
fraction of one-fiftieth of the member's final compensation set forth
opposite the member's age at retirement, taken to the preceding
completed quarter year, in the following table, multiplied by the
number of years of current and prior service, except service in a
category of membership other than that of a local miscellaneous
member, with which the member is entitled to be credited at
retirement:
Age at
Retirement Fraction
50 ......................................... 1.0000
50 1/4 ......................................... 1.0175
50 1/2 ......................................... 1.0350
50 3/4 ......................................... 1.0525
51 ......................................... 1.0700
51 1/4 ......................................... 1.0875
51 1/2 ......................................... 1.1050
51 3/4 ......................................... 1.1225
52 ......................................... 1.1400
52 1/4 ......................................... 1.1575
52 1/2 ......................................... 1.1750
52 3/4 ......................................... 1.1925
53 ......................................... 1.2100
53 1/4 ......................................... 1.2275
53 1/2 ......................................... 1.2450
53 3/4 ......................................... 1.2625
54 ......................................... 1.2800
54 1/4 ......................................... 1.2975
54 1/2 ......................................... 1.3150
54 3/4 ......................................... 1.3325
55 and over .................................... 1.3500
(b) The fractions specified in the above table shall be reduced by
one-third as applied to that part of final compensation that does
not exceed four hundred dollars ($400) per month for all service of a
member any of whose service has been included in the federal system.
This reduction shall not apply to a member employed by a
contracting agency that enters into a contract after July 1, 1971,
and elects not to be subject to this subdivision or with respect to
service rendered after the termination of coverage under the federal
system with respect to the coverage group to which the member
belongs.
(c) This section shall supersede Sections 21353, 21354, and
21354.4 with respect to any miscellaneous member who is employed by a
contracting agency on or after the date this section becomes
applicable to the contracting agency.
(d) This section shall not apply to a contracting agency nor its
employees until the contracting agency elects to make all local
miscellaneous members subject to it by amendment to its contract made
in the manner prescribed for approval of contracts or in the case of
a new contract, by express provision of the contract. The operative
date of this section with respect to a local miscellaneous member
shall be the effective date of the amendment to his or her employer's
contract electing to be subject to this section.
21355. Notwithstanding Sections 21353, 21354, and 21354.1, if the
modification to the federal-state agreement occurred on or after July
1, 1971, whenever the fraction of final compensation is reduced
pursuant to Section 21353, 21354, or 21354.1 because service of a
member has been included in the federal system, the reduction shall
apply only as to service after the effective date of the member's
coverage under the federal system. This section shall apply to those
members whose effective date of retirement is on or after July 1,
1971.
21356. (a) A member who elects, pursuant to Article 1.7 (commencing
with Section 19996.30) of Chapter 7 of Part 2.6 or pursuant to
Sections 21110 through 21115, to participate in partial service
retirement, while so participating, shall receive a reduced service
retirement allowance. The reduced service retirement allowance shall
be the amount of the service retirement allowance to which the
employee would otherwise have been entitled had he or she fully
retired on the effective date of the partial service retirement,
reduced by the percentage of the employee's full-time work which the
employee has elected to work while on partial service retirement.
(b) Article 6 (commencing with Section 21450) shall not apply to
an employee who is participating in reduced worktime for partial
service retirement.
(c) For a member who elects pursuant to Article 1.7 (commencing
with Section 19996.30) of Chapter 7 of Part 2.6 or pursuant to
Sections 21110 through 21115 to become fully retired, the current
service pension, or current and prior service pensions, as the case
may be, upon his or her full service retirement shall be (1) the sum
of a current service pension calculated on the basis of service
rendered during participation in reduced worktime in accordance with
the formula applicable to his or her current service pension, plus
his or her current service pension, or current and prior service
pensions, as the case may be, as it was prior to his or her full
service retirement, provided that full service retirement occurs
before he or she renders, while participating in reduced worktime for
partial service retirement, one year of state service credited under
this system; or (2) if he or she has rendered one year or more of
state service while participating in reduced worktime for partial
service retirement, a current service pension, or current and prior
service pensions, as the case may be, based on the total years of
service with which the member is entitled to be credited, calculated
on the basis of the formula currently applicable to the employment in
which the service was rendered. A member shall receive service
credit for service during participation in reduced worktime for
partial retirement and service credited at the time of the election
to participate in reduced worktime for partial retirement.
21357. (a) For a member reinstated from service retirement or
partial service retirement, the current service pension, or current
and prior service pensions, as the case may be, upon his or her
service retirement subsequent to the reinstatement, shall be the sum
of (1) a current service pension calculated on the basis of service
rendered after reinstatement in accordance with the formula
applicable to him or her in that service and membership, plus, (2) if
the subsequent retirement occurs before he or she renders, after his
or her reinstatement, at least one year of state service credited
under this system, or if the subsequent service or disability
retirement occurs after his or her reinstatement from service or
disability retirement pursuant to an election under Section 21465,
his or her current service pension, or current and prior service
pensions, as the case may be, as it was prior to his or her
reinstatement, adjusted for any service on which the pension was
based that was included in coverage of the federal system during
reinstatement according to the formula applicable to the service in
employment for which he or she was retired, and further adjusted
according to any change after reinstatement in the provisions
governing the calculation of his or her pension that would have
applied to him or her had he or she continued in retirement but been
subject to the formula applied in the first adjustment; or, for state
miscellaneous and state industrial service subject to Section 21076,
in lieu of (2), plus (3) a current service pension, or current and
prior service pensions, as the case may be, as it would have been
prior to his or her reinstatement under the formula applicable to
Section 21076, adjusted for any service on which the pension was
based that was included in coverage of the federal system during
reinstatement according to the formula applicable to the service in
employment for which he or she was retired, and further adjusted
according to any change after reinstatement in the provisions
governing the calculations of his or her pension that would have
applied to him or her had he or she continued in retirement and been
subject to the formula applicable to Section 21076, or if he or she
has rendered one year or more of state service after reinstatement,
in lieu of (2) or (3), plus (4), a current service pension based on
current service rendered prior to reinstatement, calculated on the
basis of the formula currently applicable to the employment in which
the service was rendered but on the basis of an age taken to the
preceding completed quarter year but not less than the minimum
retirement age applicable to him or her at his or her last retirement
and determined by deducting from his or her age at his or her
subsequent retirement, the aggregate time during which he or she was
under retirement. For a member reinstated from nonindustrial
disability retirement, the current service pension upon his or her
service retirement after attaining an age one year less than the
minimum age at which he or she could have retired without an
actuarial discount because of age in the employment from which he or
she was last retired, or upon his or her disability retirement after
attaining the minimum age, and subsequent to reinstatement, shall be
calculated in the manners described in the preceding sentence, but
the age determined upon subsequent retirement after rendering at
least one year of state service credited under this system shall not
be taken at less than one year less than the minimum age if the
subsequent retirement is for service, or the minimum age if the
retirement is for disability.
(b) The current service pension otherwise payable under this
section to a member whose allowance prior to reinstatement was paid
pursuant to his or her election under Section 21461 shall be reduced
by the actuarial equivalent, on the date of retirement subsequent to
reinstatement, of the amount (converted as below), if any, by which:
(1) The total amount paid in the period during which a temporary
annuity was included in the payments, reduced by the total amount
that would have been payable during that period had the election not
been made, exceeds
(2) The excess of the total amount that would have been payable,
had the election not been made, during the time subsequent to that
period and prior to reinstatement, over the total amount actually
paid during that time.
The amount determined by the above formula shall be converted to
an amount equaling the actuarial equivalent on the date of
reinstatement and this latter amount shall be the basis of the
actuarial equivalent on the date of retirement subsequent to
reinstatement.
Actuarial equivalents required by this section shall be based on
the interest rate and mortality tables in use by this system on the
date of retirement subsequent to reinstatement.
(c) Notwithstanding this section, or any other provision of this
part, the current service pension payable to any member subject to
this section who rendered one year or more of state service credited
under this system after reinstatement on retirement for service
subsequent to reinstatement from service retirement for any credited
service for which a current service pension was paid prior to
reinstatement shall not be less than the current service pension that
would be payable on the date of the subsequent retirement had the
member not been reinstated. For state miscellaneous and state
industrial service subject to Section 21076, the current service
pension payable for any credited service for which a current service
pension was paid prior to reinstatement shall not be less than the
current service pension that would have been payable on the date of
the subsequent retirement had the member's retirement been subject to
the formula under Section 21076 and had not been reinstated,
adjusted, however, by any reduction under this section because of an
election under Section 21461 and, for any service so credited that
was included in coverage of the federal system during reinstatement,
according to the formula applicable to the service in employment from
which he or she was retired.
21358. Notwithstanding Section 21357, the retirement allowance of a
state member, other than a university member, payable upon
retirement within one year of reinstatement from an earlier
retirement of six months or less and based on service prior to
reinstatement shall not include any allowance based on service
credited under Section 20963.
This section shall not apply to school members.
21359. Notwithstanding Section 21357, in determining the method of
calculation of subsequent retirement benefits for a university
employee who, on the date of reemployment and reinstatement from
retirement, did not have the right to elect membership in this
system, the service rendered under the University of California
Retirement Plan after reemployment and reinstatement shall be
considered service rendered under this system.
21362. (a) The current service pension for patrol members and the
combined current and prior service pensions for local safety members
with respect to local safety service rendered to a contracting agency
that is subject to this section is a pension derived from the
contributions of the employer sufficient when added to the service
retirement annuity that is derived from the accumulated normal
contributions of the patrol member or local safety member at the date
of his or her retirement to equal the fraction of one-fiftieth of
his or her final compensation set forth opposite his or her age at
retirement taken to the preceding completed quarter year, in the
following table, multiplied by the number of years of patrol service
and local safety service subject to this section with which he or she
is credited at retirement:
Age at
retirement Fraction
50 ......................................... 1.0000
50 1/4 ......................................... 1.0175
50 1/2 ......................................... 1.0350
50 3/4 ......................................... 1.0525
51 ......................................... 1.0700
51 1/4 ......................................... 1.0875
51 1/2 ......................................... 1.1050
51 3/4 ......................................... 1.1225
52 ......................................... 1.1400
52 1/4 ......................................... 1.1575
52 1/2 ......................................... 1.1750
52 3/4 ......................................... 1.1925
53 ......................................... 1.2100
53 1/4 ......................................... 1.2275
53 1/2 ......................................... 1.2450
53 3/4 ......................................... 1.2625
54 ......................................... 1.2800
54 1/4 ......................................... 1.2975
54 1/2 ......................................... 1.3150
54 3/4 ......................................... 1.3325
55 and over .................................... 1.3500
(b) (1) Except as otherwise provided in this subdivision, the
current service pension and the combined current and prior service
pensions under this section for all service to all employers shall
not exceed an amount that, when added to the service retirement
annuity related to that service, equals 75 percent of final
compensation.
(2) For state members, with respect to service for all state
employers under this section, the benefit shall not exceed:
(A) Eighty percent of final compensation for state members who
retire on or after January 1, 1995, and prior to January 1, 1999.
(B) Eighty-five percent of final compensation for state members
who retire on or after January 1, 1999, and prior to January 1, 2000.
(C) Ninety percent of final compensation for state members who
retire on or after January 1, 2000.
(3) For local safety members who retire on or after January 1,
2000, the benefit shall not exceed 85 percent of final compensation.
(4) If the pension relates to service to more than one employer
and would otherwise exceed that maximum, the pension payable with
respect to each employer shall be reduced in the same proportion as
the allowance based on service to that employer bears to the total
allowance computed as though there were no limit, so that the total
of the pensions shall equal the maximum. Where a state or local
member retiring on or after January 1, 1995, has service under this
section with both state and local agency employers, the higher
maximum shall apply and the additional benefit shall be funded by
increasing the member's pension payable with respect to the employer
for whom the member performed the service subject to the higher
maximum.
(c) This section shall not apply to any contracting agency, unless
and until the agency elects to be subject to the provisions of this
section by amendment to its contract made in the manner prescribed
for approval of contracts or, in the case of contracts made after the
date this section is operative, by express provision in the contract
making the contracting agency subject to the provisions of this
section.
(d) This section shall supersede Section 21363, 21366, 21368,
21369, or 21370, whichever is then applicable, with respect to patrol
and local safety members who retire after the date this section
becomes applicable to their respective employers.
(e) This section shall not apply to state safety or state peace
officer/firefighter members.
(f) With respect to patrol members, this section shall only apply
to patrol members who are not employed by the state on or after
January 1, 2000.
(g) The Legislature reserves, with respect to any member subject
to this section, the right to provide for the adjustment of
industrial disability retirement allowances because of earnings of a
retired person and modification of the conditions and qualifications
required for retirement for disability as it may find appropriate
because of the earlier ages of service retirement made possible by
the benefits under this section.
21362.2. (a) Upon attaining the age of 50 years or more, the
combined current and prior service pension for state patrol members
and for local safety members with respect to local safety service
rendered to a contracting agency that is subject to the provisions of
this section is a pension derived from the contributions of the
employer sufficient when added to the service retirement annuity that
is derived from the accumulated normal contributions of the member
at the date of his or her retirement to equal 3 percent of his or her
final compensation at retirement, multiplied by the number of years
of patrol service or local safety service subject to this section
with which he or she is credited at retirement.
(b) In no event shall the current service pension and the combined
current and prior service pensions under this section for all
service to all employers exceed an amount that, when added to the
service retirement annuity related to that service, equals 85 percent
of final compensation. For state patrol members with respect to
service for all state employers under this section, the benefit shall
not exceed 90 percent of final compensation. If the pension relates
to service to more than one employer and would otherwise exceed that
maximum, the pension payable with respect to each employer shall be
reduced in the same proportion as the allowance based on service to
that employer bears to the total allowance computed as though there
were no limit, so that the total of the pensions shall equal the
maximum. Where a state or local member has service under this
section with both state and local agency employers, the higher
maximum shall apply and the additional benefit shall be funded by
increasing the member's pension payable with respect to the employer
for whom the member performed the service subject to the higher
maximum.
(c) For patrol members employed by the state on or after January
1, 2000, this section shall supersede Section 21362.
(d) This section shall not apply to state safety or state peace
officer/firefighter members.
(e) This section shall not apply to any contracting agency nor its
employees unless and until the agency elects to be subject to the
provisions of this section by amendment to its contract made in the
manner prescribed for approval of contracts or, in the case of
contracts made after the date this section becomes operative, by
express provision in the contract making the contracting agency
subject to this section. The operative date of this section for a
local safety member shall be the effective date of the amendment to
his or her employer's contract electing to be subject to this
section.
(f) This section shall supersede Section 21362, 21363, 21363.1,
21366, 21368, 21369, or 21370, whichever is then applicable, with
respect to local safety members who retire after the date this
section becomes applicable to their respective employers.
(g) The Legislature reserves, with respect to any member subject
to this section, the right to provide for the adjustment of
industrial disability retirement allowances because of earnings of a
retired person and modification of the conditions and qualifications
required for retirement for disability as it may find appropriate
because of the earlier ages of service retirement made possible by
the benefits under this section.
(h) Operation and application of this section is subject to the
limitations set forth in Section 21251.13.
21362.3. (a) Notwithstanding subdivision (b) of Section 21362.2,
for the California Highway Patrol Commissioner, with respect to
service to all state employers under Section 21362.2, the benefit may
not exceed 100 percent of final compensation.
(b) This section shall become inoperative on January 1, 2008,
unless a later enacted statute deletes or extends that date.
21363. (a) The combined current and prior service pensions for
state peace officer/firefighter members subject to this section with
respect to state peace officer/firefighter service and the combined
current and prior service pensions for local safety members with
respect to local safety service rendered to a contracting agency that
is subject to this section is a pension derived from the
contributions of the employer sufficient when added to the service
retirement annuity that is derived from the accumulated normal
contributions of the state peace officer/firefighter or local safety
member at the date of his or her retirement to equal the fraction of
one-fiftieth of his or her final compensation set forth opposite his
or her age at retirement taken to the preceding completed quarter
year, in the following table, multiplied by the number of years of
state peace officer/firefighter service or local safety service
subject to this section with which he or she is credited at
retirement:
Age at
Retirement Fraction
50 ................................ 1.0000
50 1/4 ............................... 1.0125
50 1/2 ............................... 1.0250
50 3/4 ............................... 1.0375
51 ................................ 1.0500
51 1/4 ............................... 1.0625
51 1/2 ............................... 1.0750
51 3/4 ............................... 1.0875
52 ................................ 1.1000
52 1/4 ............................... 1.1125
52 1/2 ............................... 1.1250
52 3/4 ............................... 1.1375
53 ................................ 1.1500
53 1/4 ............................... 1.1625
53 1/2 ............................... 1.1750
53 3/4 ............................... 1.1875
54 ................................ 1.2000
54 1/4 ............................... 1.2125
54 1/2 ............................... 1.2250
54 3/4 ............................... 1.2375
55 and over .......................... 1.2500
(b) (1) In no event shall the current service pension and the
combined current and prior service pensions under this section for
all service to all employers exceed an amount that, when added to the
service retirement annuity related to that service, equals 75
percent of final compensation.
(2) For state members, with respect to service for all state
employers under this section, the benefit shall not exceed:
(A) Eighty percent of final compensation for state members who
retire on or after January 1, 1995.
(B) Eighty-five percent of final compensation for state peace
officer/firefighter members in State Bargaining Units 6 and 8 who
retire on or after January 1, 1999, and prior to January 1, 2000.
(C) Ninety percent of final compensation for state peace
officer/firefighter members who retire on or after January 1, 2000.
(3) For local safety members who retire on or after January 1,
2000, the benefit shall not exceed 85 percent of final compensation.
If the pension relates to service to more than one employer, or this
section and Section 21369, and would otherwise exceed that maximum,
the pension payable with respect to each section or employer shall be
reduced in the same proportion as the allowance bears to the total
allowance computed as though there were no limit, so that the total
of the pensions shall equal the maximum. Where a state or local
member retiring on or after January 1, 1995, has service under this
section with both state and local agency employers, the higher
maximum shall apply and the additional benefit, if any, shall be
funded by increasing the member's pension payable with respect to the
employer for whom the member performed the service subject to the
higher maximum.
(c) The Legislature reserves, with respect to any member subject
to this section, the right to provide for the adjustment of
industrial disability retirement allowances because of earnings of a
retired person and modification of the conditions and qualifications
required for retirement for disability as it may find appropriate
because of the earlier age of service retirement made possible by the
benefits under this section.
(d) This section may be applied to related supervisory classes or
confidential positions for the respective bargaining units specified
in this section.
(e) (1) This section shall be operative with respect to state
peace officer/firefighter members in Corrections Bargaining Unit No.
6, Protective Services and Public Safety Bargaining Unit No. 7, or
Firefighters Bargaining Unit No. 8, in accordance with a memorandum
of understanding reached between the state and the exclusive
bargaining agent in the respective unit pursuant to Chapter 10.3
(commencing with Section 3512) of Division 4 of Title 1.
(2) This section also shall be operative with respect to the state
peace officer/firefighter members employed by a California State
University police department who are in Public Safety Unit No. 8 in
accordance with a memorandum of understanding reached between the
Trustees of the California State University and the recognized
employee organization pursuant to Chapter 12 (commencing with Section
3560) of Division 4 of Title 1.
(3) This section shall also be operative with respect to a "state
peace officer/firefighter member" defined in subdivision (a) of
Section 20396 if authorized by, and in accordance with, a memorandum
of understanding reached between the Trustees of the California State
University and the recognized employee organization pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title 1.
(4) Nothing in this section or in any other provision of law
affected by Chapter 1320 of the Statutes of 1984 or Chapter 234 of
the Statutes of 1986 shall be construed as authorizing any future
negotiation with respect to whether or not any bargaining unit
specified in this section whose memorandum of understanding was
previously approved by the Legislature pursuant to law and this
section, shall continue to remain within the state peace
officer/firefighter membership category.
(5) The operative date of this section with respect to members in
each of the bargaining units specified in this section shall be as
provided for in the memorandum of understanding.
(6) With the exception of state peace officer/firefighter members
for service rendered for the California State University or the
legislative or judicial branch of government, this section shall
apply to state peace officer/firefighter members who are not employed
by the state on or after January 1, 2000.
(f) This section shall be known as, and may be cited as, the State
Peace Officers' and Fire Fighters' Retirement Act.
(g) The Legislature reserves the right to subsequently modify or
amend this part in order to completely effectuate the intent and
purposes of this section and the right to not provide any new
comparable advantages if disadvantages to employees result from any
modification or amendment.
(h) This section shall not apply to a contracting agency nor its
employees until, first, it is agreed to in a written memorandum of
understanding entered into by an employer and representatives of
employees and, second, the contracting agency elects to be subject to
it by amendment to its contract made in the manner prescribed for
approval of contracts or in the case of a new contract, by express
provision of the contract. The operative date of this section with
respect to a local safety member shall be the effective date of the
amendment to his or her employer's contract electing to be subject to
this section. However, this section shall not apply to any local
safety member in the employ of an employer not subject to this
section on January 1, 2000.
21363.1. (a) The combined current and prior service pensions for
state peace officer/firefighter members subject to this section with
respect to state peace officer/firefighter service, and for local
safety members with respect to local safety service rendered to a
contracting agency that is subject to this section, is a pension
derived from the contributions of the employer sufficient when added
to the service retirement annuity that is derived from the
accumulated normal contributions of the state peace
officer/firefighter member or local safety member at the date of his
or her retirement to equal the fraction of 3 percent of his or her
final compensation set forth opposite his or her age at retirement
taken to the preceding completed quarter year, in the following
table, multiplied by the number of years of state peace
officer/firefighter service or local safety service subject to this
section with which he or she is credited at retirement:
Age at
Retirement Fraction
50 ........................ .800
50 1/4 ........................ .810
50 1/2 ........................ .820
50 3/4 ........................ .830
51 ........................ .840
51 1/4 ........................ .850
51 1/2 ........................ .860
51 3/4 ........................ .870
52 ........................ .880
52 1/4 ........................ .890
52 1/2 ........................ .900
52 3/4 ........................ .910
53 ........................ .920
53 1/4 ........................ .930
53 1/2 ........................ .940
53 3/4 ........................ .950
54 ........................ .960
54 1/4 ........................ .970
54 1/2 ........................ .980
54 3/4 ........................ .990
55 and over ................... 1.000
(b) In no event shall the current service pension and the combined
current and prior service pensions under this section for all
service to all employers exceed an amount that, when added to the
service retirement annuity related to that service, equals 85 percent
of final compensation. For state peace officer/firefighter members
with respect to service for all state employers under this section,
the benefit shall not exceed 90 percent of final compensation. If
the pension relates to service to more than one employer and would
otherwise exceed that maximum, the pension payable with respect to
each employer shall be reduced in the same proportion as the
allowance based on service to that employer bears to the total
allowance computed as though there were no limit, so that the total
of the pensions shall equal the maximum. Where a state or local
member has service under this section with both state and local
agency employers, the higher maximum shall apply and the additional
benefit shall be funded by increasing the member's pension payable
with respect to the employer for whom the member performed the
service subject to the higher maximum.
(c) This section shall supersede Section 21363 for state peace
officer/firefighter members with respect to service rendered for the
California State University or the legislative or judicial branch of
government.
(d) This section shall also supersede Section 21363 for state
peace officer/firefighter members, for service not subject to
subdivision (c), who are employed by the state on or after January 1,
2000.
(e) This section shall not apply to any contracting agency nor its
employees unless and until the agency elects to be subject to the
provisions of this section by amendment to its contract made in the
manner prescribed for approval of contracts or, in the case of
contracts made after the date this section becomes operative, by
express provision in the contract making the contracting agency
subject to this section. The operative date of this section for a
local safety member shall be the effective date of the amendment to
his or her employer's contract electing to be subject to this
section.
(f) This section shall supersede Section 21363, 21366, 21368,
21369, or 21370, whichever is then applicable, with respect to local
safety members who retire after the date this section becomes
applicable to their respective employers.
(g) The Legislature reserves, with respect to any member subject
to this section, the right to provide for the adjustment of
industrial disability retirement allowances because of earnings of a
retired person and modification of the conditions and qualifications
required for retirement for disability as it may find appropriate
because of the earlier age of service retirement made possible by the
benefits under this section.
(h) The Legislature reserves the right to subsequently modify or
amend this part in order to completely effectuate the intent and
purposes of this section and the right to not provide any new
comparable advantages if disadvantages to employees result from any
modification or amendment.
(i) Operation and application of this section are subject to the
limitations set forth in Section 21251.13.
21363.2. (a) This section shall apply only to patrol members in
State Bargaining Unit 5.
(b) Patrol members who were previously classified as peace
officer/firefighter members shall have their past service under
Section 21363 credited, at no cost to the member, under Section
21363.1.
21363.3. (a) The combined current and prior service pensions for
state peace officer/firefighter members described in Section 20394 is
a pension derived from the contributions of the employer sufficient
when added to the service retirement annuity that is derived from the
accumulated normal contributions of the member at the date of his or
her retirement to equal 3 percent of his or her final compensation
at the age of 50 years, multiplied by the number of years of state
peace officer/firefighter service subject to this section with which
he or she is credited at retirement.
(b) In no event shall the current service pension and the combined
current and prior service pensions under this section for all
service to all employers exceed an amount that, when added to the
service retirement annuity related to that service, equals 90 percent
of final compensation. If the pension relates to service to more
than one employer and would otherwise exceed that maximum, the
pension payable with respect to each employer shall be reduced in the
same proportion as the allowance based on service to that employer
bears to the total allowance computed as though there were no limit,
so that the total of the pensions shall equal the maximum. Where a
state peace officer/firefighter member has service under this
section, or other safety retirement formulas pursuant to this part
with state or local agency employers, the higher maximum shall apply
and the additional benefit shall be funded by increasing the member's
pension payable with respect to the state employer.
(c) This section shall apply to state peace officer/firefighter
members described in Section 20394 if authorized by, and in
accordance with, a memorandum of understanding reached between the
Trustees of the California State University and the recognized
employee organization pursuant to Chapter 12 (commencing with Section
3560) of Division 4 of Title 1. This section may also apply to
sworn peace officer/firefighter members described in Section 20394 in
related management positions, if the Trustees of the California
State University have approved the application in writing to the
Board of Administration of the Public Employees' Retirement System.
(d) This section shall supersede Section 21363.1 with respect to
peace officer/firefighter service for members employed by the
California State University police department on or after the date a
memorandum of understanding, or action by the Trustees of the
California State University regarding related management positions,
makes this section applicable to these members.
(e) This section may not prevent a subsequent memorandum of
understanding, or subsequent action by the Trustees of the California
State University regarding related management positions, from making
this section inapplicable to peace officer/firefighter members first
employed by the California State University police department on or
after a date specified in a subsequent memorandum of understanding,
or subsequent action by the Trustees of the California State
University regarding related management positions.
21363.4. (a) Upon attaining the age of 50 years or more, the
combined current and prior service pension for a state peace
officer/firefighter member described in subdivision (c) who retires
or dies on or after January 1, 2006, is a pension derived from the
contributions of the employer sufficient when added to the service
retirement annuity that is derived from the accumulated normal
contributions of the member at the date of his or her retirement to
equal 3 percent of his or her final compensation at retirement,
multiplied by the number of years of state peace officer/firefighter
service, as defined in subdivision (d), subject to this section with
which he or she is credited at retirement.
(b) For state peace officer/firefighter members, with respect to
service for all state employers under this section, the current
service pension and the combined current and prior service pension
under this section shall not exceed an amount that, when added to the
service retirement annuity related to that service, equals 90
percent of final compensation. If the pension relates to service to
more than one employer and would otherwise exceed that maximum, the
pension payable with respect to each employer shall be reduced in the
same proportion as the allowance based on service to that employer
bears to the total allowance computed as though there were no limit,
so that the total of the pensions shall equal the maximum.
(c) For purposes of this section, "state peace officer/firefighter
member" means state peace officer/firefighter members under this
part who, on or after January 1, 2006, are employed by the state and
are members of State Bargaining Unit 6 or State Bargaining Unit 8,
and may include state peace officer/firefighter members in related
managerial, supervisory, or confidential positions and officers or
employees of the executive branch of state government who are not
members of the civil service, provided the Department of Personnel
Administration has approved their inclusion in writing to the board.
(d) For purposes of this section, "state peace officer/firefighter
service" means service performed by a state peace
officer/firefighter member while a member of State Bargaining Unit 6
or State Bargaining Unit 8, and may include state peace
officer/firefighter service in related managerial, supervisory, or
confidential positions or as officers or employees of the executive
branch of state government who are not members of the civil service,
provided the Department of Personnel Administration has approved
their inclusion in writing to the board.
(e) This section shall supersede Section 21363 or 21363.1,
whichever is applicable, with respect to state peace
officer/firefighter members and service as defined herein.
(f) The Legislature reserves, with respect to any member subject
to this section, the right to provide for the adjustment of
industrial disability retirement allowances because of earnings of a
retired person and modification of the conditions and qualifications
required for retirement for disability as it may find appropriate
because of the earlier ages of service retirement made possible by
the benefits under this section.
21363.8. (a) Upon attaining the age of 50 years or more, the
combined current and prior service pension for a state peace
officer/firefighter member described in subdivision (c) who retires
or dies on or after January 1, 2004, is a pension derived from the
contributions of the employer sufficient when added to the service
retirement annuity that is derived from the accumulated normal
contributions of the member at the date of his or her retirement to
equal 3 percent of his or her final compensation at retirement,
multiplied by the number of years of state peace officer/firefighter
service, as defined in subdivision (d), subject to this section with
which he or she is credited at retirement.
(b) For state peace officer/firefighter members, with respect to
service for all state employers under this section, the current
service pension and the combined current and prior service pension
under this section may not exceed an amount that, when added to the
service retirement annuity related to that service, equals 90 percent
of final compensation. If the pension relates to service to more
than one employer and would otherwise exceed that maximum, the
pension payable with respect to each employer shall be reduced in the
same proportion as the allowance based on service to that employer
bears to the total allowance computed as though there were no limit,
so that the total of the pensions shall equal the maximum.
(c) (1) This section shall apply to state peace
officer/firefighter members under this part who, on or after January
1, 2004, are employed by the state and are members of State
Bargaining Unit 7.
(2) This section may also apply to state peace officer/firefighter
members in managerial, supervisory, or confidential positions that
are related to the members described in paragraph (1) and to officers
or employees of the executive branch of state government who are not
members of the civil service and who are in positions that are
related to the members described in paragraph (1), if the Department
of Personnel Administration has approved their inclusion in writing
to the board.
(d) (1) For purposes of this section, "state peace
officer/firefighter service" means service performed by a state peace
officer/firefighter member while a member of State Bargaining Unit
7.
(2) That service may include state peace officer/firefighter
service in managerial, supervisory, or confidential positions that
are related to the members described in paragraph (1) or as officers
or employees of the executive branch of state government who are not
members of the civil service and who are in positions that are
related to the members described in paragraph (1), provided the
Department of Personnel Administration has approved their inclusion
in writing to the board.
(e) This section shall supersede Section 21363 or 21363.1,
whichever is applicable, with respect to state peace
officer/firefighter members subject to this section and state peace
officer/firefighter service as defined herein.
(f) The Legislature reserves, with respect to any member subject
to this section, the right to provide for the adjustment of
industrial disability retirement allowances because of earnings of a
retired person and modification of the conditions and qualifications
required for retirement for disability as it may find appropriate
because of the earlier ages of service retirement made possible by
the benefits under this section.
21364. A contracting agency may elect to be subject to Section
21362, 21362.2, or 21363.1 with respect to only those local safety
members who are local police officers, those who are local
firefighters, and those who are local safety members as defined in
Section 20421 as local safety members.
21365. If, pursuant to Chapter 10 (commencing with Section 3500) of
Division 4 of Title 1, Kings County enters into a binding memorandum
of understanding and agrees to the application of this section, the
county may elect to be subject to Section 21362 with respect to only
those local safety members who are county peace officers as defined
by Section 20436.
This section shall not apply to Kings County until the county
elects to be subject to this section by amendment to its contract
made in the manner prescribed for approval of contracts or, in the
case of contracts made on or after January 1, 1988, by express
provision in the contract making the contracting agency subject to
this section.
21366. The combined prior and current service pensions for patrol
members and local safety members, other than local safety members to
whom Section 21362, 21368, or 21369 applies, upon retirement at or
after age 55 is a pension derived from contributions of the employer
that, when added to that portion of the service retirement annuity
that is derived from the accumulated normal contributions of the
member, shall equal a percentage of his or her final compensation,
multiplied by the number of years of patrol, fire, police, or county
peace officer service, the percentage to be 21/2 or, if less, the
percentage obtained by division of 50 percent by the difference
between age 55 and the member's age at his or her birthday nearest to
the date of his or her first entry into any service to which this
section, former Section 21252.10, as amended by Chapter 1657 of the
Statutes of 1971, or former Section 21252.2, as amended by Chapter
752 of the Statutes of 1969, prior to their repeal by Chapter 1098 of
the Statutes of 1972 applied, whether or not the service is credited
at retirement, increased, as to service following an absence from
employment to which any of those sections applies, by the number of
completed years of the absence. Any member entering that service at
or after age 55 shall be deemed, for purposes of this section, to
have entered the service at age 54.
Upon retirement for service prior to attaining age 55, the
percentage of final compensation payable for each year of credited
service that is subject to this section shall be the product of the
percentage that would become payable at age 55 or, if greater, the
age at which the member would complete 20 years of service under
Section 21366 were he or she to continue in employment, multiplied by
the factor set forth in the following table for his or her actual
age at retirement:
The percent for
each year of
credited service
If retirement occurs at age: is:
50 ................................... 0.713
50 1/4 ............................... 0.725
50 1/2 ............................... 0.737
50 3/4 ............................... 0.749
51 ................................... 0.761
51 1/4 ............................... 0.775
51 1/2 ............................... 0.788
51 3/4 ............................... 0.801
52 ................................... 0.814
52 1/4 ............................... 0.828
52 1/2 ............................... 0.843
52 3/4 ............................... 0.857
53 ................................... 0.871
53 1/4 ............................... 0.886
53 1/2 ............................... 0.902
53 3/4 ............................... 0.917
54 ................................... 0.933
54 1/4 ............................... 0.950
54 1/2 ............................... 0.966
54 3/4 ............................... 0.983
The amendment to this section by Chapter 941 of the Statutes of 1968
shall apply only to those members retiring on and after December 1,
1968. Current and prior service pensions of those members retired
prior to December 1, 1968 shall be continued in accordance with the
provisions of this part as they existed on November 30, 1968.
This section shall not apply to any local safety member in the
employ of an employer not subject to this section on March 4, 1972.
21367. The fraction or percentage of final compensation, for
purposes of calculating the combined prior and current service
pensions under Section 21362 or 21366 for a local safety member
retiring after the effective date of his or her coverage under the
federal system, but prior to termination of the coverage for members
in his or her employment, shall be reduced by one-third as applied to
that part of the member's final compensation that does not exceed
four hundred dollars ($400) per month.
This section shall not apply to any contracting agency nor to the
employees of any contracting agency until the agency elects to be
subject to this section by amendment to its contract made in the
manner prescribed for approval of contracts, or, in the case of
contracts made after October 1, 1965, by express provision in the
contract making the contracting agency subject to this section.
This section and Section 21362 or 21366, as the case may be, shall
supersede Section 21368 with respect to all service to a contracting
agency electing to be subject hereto. However, members in
employment of the contracting agency on the effective date of the
contract amendment subjecting the agency and its employees to this
section and Section 21366 may elect, in accordance with board rules,
to continue to be subject to Section 21368, and the contracting
agency shall be subject to Section 21368 rather than this section
with respect to members who so elect. The election shall cease to be
effective if, prior to the member's retirement, his or her employer
elects to be subject to Section 21362 or 21369 or elects to terminate
coverage of the federal system for persons in the member's
employment.
21368. The combined current and prior service pensions for a local
safety member who is an employee of a contracting agency that is
subject to this section, is an annual pension that when added to the
service retirement annuity that is derived from the accumulated
normal contributions of the member shall equal the sum of the
following:
(a) A temporary annuity based on age at retirement and length of
service computed according to the following formula:
(1) 0.50 times the product of his or her age at retirement and his
or her years of credited prior and current service not in excess of
20 years, plus
(2) 0.40 times the product of his or her age at retirement and his
or her years of credited prior and current service in excess of 20
years.
(b) The percentage of final compensation set forth opposite his or
her age at retirement in the following table multiplied by the
number of years of credited current and prior service as a safety
member in the employ of all contracting agencies subject to this
section at the time of his or her retirement:
The percent for
each year of
credited service
If retirement occurs at age: is:
50 ................................ 0.619
50 1/4 ............................ 0.629
50 1/2 ............................ 0.640
50 3/4 ............................ 0.650
51 ................................ 0.661
51 1/4 ............................ 0.673
51 1/2 ............................ 0.684
51 3/4 ............................ 0.695
52 ................................ 0.708
52 1/4 ............................ 0.719
52 1/2 ............................ 0.731
52 3/4 ............................ 0.744
53 ................................ 0.756
53 1/4 ............................ 0.769
53 1/2 ............................ 0.783
53 3/4 ............................ 0.796
54 ................................ 0.810
54 1/4 ............................ 0.824
54 1/2 ............................ 0.839
54 3/4 ............................ 0.853
55 ................................ 0.868
55 1/4 ............................ 0.884
55 1/2 ............................ 0.900
55 3/4 ............................ 0.916
56 ................................ 0.931
56 1/4 ............................ 0.949
56 1/2 ............................ 0.966
56 3/4 ............................ 0.983
57 ................................ 1.001
57 1/4 ............................ 1.020
57 1/2 ............................ 1.039
57 3/4 ............................ 1.058
58 ................................ 1.076
58 1/4 ............................ 1.098
58 1/2 ............................ 1.118
58 3/4 ............................ 1.138
59 ................................ 1.159
59 1/4 ............................ 1.183
59 1/2 ............................ 1.205
59 3/4 ............................ 1.228
60 ................................ 1.250
60 1/4 ............................ 1.275
60 1/2 ............................ 1.300
60 3/4 ............................ 1.325
61 ................................ 1.350
61 1/4 ............................ 1.375
61 1/2 ............................ 1.400
61 3/4 ............................ 1.425
62 ................................ 1.450
62 1/4 ............................ 1.475
62 1/2 ............................ 1.500
62 3/4 ............................ 1.525
63 ................................ 1.550
63 1/4 ............................ 1.575
63 1/2 ............................ 1.600
63 3/4 ............................ 1.625
64 ................................ 1.650
64 1/4 ............................ 1.675
64 1/2 ............................ 1.700
64 3/4 ............................ 1.725
65 ................................ 1.750
The temporary annuity under subdivision (a) of this section shall
not be subject to the optional settlements under Article 6
(commencing with Section 21450) and shall be payable monthly until
the retired member attains or would have attained age 65. Should his
or her death occur prior to age 65, the commuted value of any
remaining installments shall be paid to his or her designated
beneficiary in the manner provided in former Section 21332.5, as
added by Chapter 1264 of the Statutes of 1953, for payment of death
benefits under optional settlement one.
The agency's liability for prior service shall be in the same
proportion to the total reserves required as the years of credited
prior service bear to the total years of credited service. The
agency's liability for current service shall consist of the remainder
of the total reserves required after deducting the liability for
prior service and the accumulated normal contributions of the member.
This section shall apply only to a contracting agency that elected
prior to October 1, 1965, by express provision of its contract or
amendment thereto to be subject hereto.
21369. (a) The combined prior and current service pension for a
state safety member, and a local safety member with respect to
service to a contracting agency subject to this section, upon
retirement after attaining the age of 55 years, is a pension derived
from contributions of an employer sufficient, when added to that
portion of the service retirement annuity that is derived from the
accumulated normal contributions of the member at the date of his or
her retirement, to equal one-fiftieth of his or her final
compensation multiplied by the number of years of state safety,
police, fire, or county peace officer service that is credited to him
or her as a state safety member or a local safety member subject to
this section at retirement. Notwithstanding the preceding sentence,
this section shall apply to the current and prior service pension for
any other state safety member based on service to which it would
have applied had the member, on July 1, 1971, been in employment
described in Section 20403 or 20404.
(b) Upon retirement for service prior to attaining the age of 55
years, the percentage of final compensation payable for each year of
credited service that is subject to this section shall be the product
of 2 percent multiplied by the factor set forth in the following
table for his or her actual age at retirement:
The percent for
each year of
credited service
If the retirement age occurs at: is:
50 ................................. 0.713
50 1/4 ............................. 0.725
50 1/2 ............................. 0.737
50 3/4 ............................. 0.749
51 ................................. 0.761
51 1/4 ............................. 0.775
51 1/2 ............................. 0.788
51 3/4 ............................. 0.801
52 ................................. 0.814
52 1/4 ............................. 0.828
52 1/2 ............................. 0.843
52 3/4 ............................. 0.857
53 ................................. 0.871
53 1/4 ............................. 0.886
53 1/2 ............................. 0.902
53 3/4 ............................. 0.917
54 ................................. 0.933
54 1/4 ............................. 0.950
54 1/2 ............................. 0.966
54 3/4 ............................. 0.983
(c) In no event shall the total pension for all service under this
section exceed an amount that, when added to the service retirement
annuity related to that service, equals 75 percent of final
compensation. For state members who retire on or after January 1,
1995, and with respect to service for all state employers under this
section, the benefit shall not exceed 80 percent of final
compensation. For local members who retire on or after January 1,
2000, the benefit shall not exceed 85 percent of final compensation.
If the pension relates to service to more than one employer and
would otherwise exceed that maximum, the pension payable with respect
to each employer shall be reduced in the same proportion as the
allowance based on service to that employer bears to the total
allowance computed as though there were no limit, so that the total
of those pensions shall equal the maximum. Where a state or local
member retiring on or after January 1, 1995, has service under this
section with both state and local agency employers, the higher
maximum shall apply and the additional benefit shall be funded by
increasing the member's pension payable with respect to the employer
for whom the member performed the service subject to the higher
maximum.
(d) This section shall not apply to a person whose effective date
of retirement is prior to July 1, 1971.
(e) The Legislature reserves, with respect to any member subject
to this section, the right to provide for the adjustment of
industrial disability retirement allowances because of earnings of a
retired person and modification of the conditions and qualifications
required for retirement for disability as it may find appropriate
because of the earlier age of service retirement made possible by the
benefits under this section.
(f) The percentage of final compensation provided in this section
shall be reduced by one-third as applied to that part of the member's
final compensation that does not exceed four hundred dollars ($400)
per month for service after the effective date of coverage of a
member under the federal system. This subdivision shall not apply
to a member who retires after the date upon which coverage under the
federal system of persons in his or her employment terminates. It
shall not apply to a local safety member employed by a contracting
agency electing to be subject to this section after March 7, 1973,
unless the agency elects to be subject to this paragraph by amendment
to its contract or by appropriate provision of a contract entered
into after this provision is effective and as to any member, the
reduction in the percentage of final compensation shall apply to all
local safety service to the agency, if any of the local safety
service has been included in the federal system.
(g) With the exception of state safety members for service
rendered for the California State University, this section shall
apply to state safety members who are not employed by the state on or
after January 1, 2000.
(h) This section shall not apply to a contracting agency nor its
employees until the agency elects to be subject to it by amendment to
its contract made in the manner prescribed for approval of contracts
or in the case of a new contract, by express provision of the
contract. The operative date of this section with respect to a local
safety member shall be the effective date of the amendment to his or
her employer's contract electing to be subject to this section.
21369.1. (a) The combined current and prior service pensions for
state safety members subject to this section with respect to state
safety service that is subject to this section is a pension derived
from the contributions of the employer sufficient when added to the
service retirement annuity that is derived from the accumulated
normal contributions of the state safety member at the date of his or
her retirement to equal the fraction of one-fiftieth of his or her
final compensation set forth opposite his or her age at retirement
taken to the preceding completed quarter year, in the following
table, multiplied by the number of years of state safety service
subject to this section with which he or she is credited at
retirement.
Age at
Retirement Fraction
50 ............................... 0.8500
50 1/4 ............................... 0.8625
50 1/2 ............................... 0.8750
50 3/4 ............................... 0.8875
51 ............................... 0.9000
51 1/4 ............................... 0.9125
51 1/2 ............................... 0.9250
51 3/4 ............................... 0.9375
52 ............................... 0.9500
52 1/4 ............................... 0.9625
52 1/2 ............................... 0.9750
52 3/4 ............................... 0.9875
53 ............................... 1.0000
53 1/4 ............................... 1.0320
53 1/2 ............................... 1.0630
53 3/4 ............................... 1.0940
54 ............................... 1.1250
54 1/4 ............................... 1.1570
54 1/2 ............................... 1.1880
54 3/4 ............................... 1.2190
55 and over .......................... 1.2500
(b) For state safety members with respect to service for all state
employers under this section, the benefit shall not exceed 80
percent of final compensation. If the pension relates to service to
more than one employer, and would otherwise exceed that maximum, the
pension payable with respect to each employer shall be reduced in the
same proportion as the allowance based on service to that employer
bears to the total allowance computed as though there were no limit,
so that the total of the pensions shall equal the maximum.
(c) This section shall supersede Section 21369 for state safety
members with respect to service rendered for the California State
University.
(d) This section shall also supersede Section 21369 for state
safety members, for service not subject to subdivision (c), who are
employed by the state on or after January 1, 2000.
(e) The Legislature reserves, with respect to any member subject
to this section, the right to provide for the adjustment of
industrial disability retirement allowances because of earnings of a
retired person and modification of the conditions and qualifications
required for retirement for disability as it may find appropriate
because of the earlier age of service retirement made possible by the
benefits under this section.
(f) The Legislature reserves the right to subsequently modify or
amend this part in order to completely effectuate the intent and
purposes of this section and the right to not provide any new
comparable advantages if disadvantages to employees result from any
modification or amendment.
(g) Operation and application of this section are subject to the
limitations set forth in Section 21251.13.
21370. (a) The combined prior and current service pension for local
safety members with respect to service to a contracting agency
subject to this section, upon retirement after attaining 56 years of
age, is a pension derived from contributions of an employer
sufficient, when added to that portion of the service retirement
annuity that is derived from the accumulated normal contributions of
the member at the date of his or her retirement, to equal
one-fiftieth of his or her final compensation set forth opposite his
or her age at retirement taken to the preceding completed quarter
year in the following table, multiplied by the number of years of
service credited to him or her as a local safety member subject to
this section at retirement.
(b) Upon retirement for service prior to attaining 56 years of
age, the percentage of final compensation payable for each year of
credited service that is subject to this section shall be the product
of 2 percent multiplied by the factor set forth in the following
table for the actual age at retirement:
The percent for
each year of
credited service
If retirement occurs at age: is:
50 ................................ .8565
50 1/4 ............................ .8650
50 1/2 ............................ .8740
50 3/4 ............................ .8830
51 ................................ .8920
51 1/4 ............................ .9020
51 1/2 ............................ .9120
51 3/4 ............................ .9222
52 ................................ .9330
52 1/4 ............................ .9410
52 1/2 ............................ .9490
52 3/4 ............................ .9570
53 ................................ .9650
53 1/4 ............................ .9675
53 1/2 ............................ .9700
53 3/4 ............................ .9725
54 ................................ .9750
54 1/4 ............................ .9810
54 1/2 ............................ .9870
54 3/4 ............................ .9935
55 ................................ 1.0000
55 1/4 ............................ 1.0435
55 1/2 ............................ 1.0870
55 3/4 ............................ 1.1310
56 ................................ 1.1750
(c) This section shall apply only to local police officers and
county peace officers who are local safety members.
(d) This section shall not apply to persons whose effective date
of retirement is prior to January 1, 1985.
(e) The Legislature reserves, with respect to any member subject
to this section, the right to provide for the adjustment of
industrial disability retirement allowances because of earnings of a
retired person and modification of the conditions and qualifications
required for retirement for disability as it may find appropriate
because of the earlier age of service retirement made possible by the
benefits under this section.
(f) The percentage of final compensation provided in this section
shall be reduced by one-third as applied to that part of the member's
final compensation that does not exceed four hundred dollars ($400)
per month for service after the effective date of coverage of a
member under the federal system. This paragraph shall not apply to a
member who retires after the date upon which coverage under the
federal system of persons in his or her employment terminates.
(g) For members who retire prior to January 1, 2000, in no event
shall the total pension for all service under this section exceed an
amount that, when added to the service retirement annuity related to
the service, equals 75 percent of final compensation. For members
who retire on or after January 1, 2000, the allowance shall not
exceed 85 percent of final compensation. If the pension relates to
service for more than one employer and would otherwise exceed the
maximum, the pension payable with respect to each employer shall be
reduced in the same proportion as the allowance based on service to
the employer bears to the total allowance computed as though there
were no limit, so that the total of the pensions shall equal the
maximum.
(h) This section shall only apply as an optional contributory
retirement formula for this system for local safety groups whose
group participated in Federal Old Age and Survivors' Insurance
provisions of the Social Security Act on April 1983.
(i) This section shall not apply to a contracting agency nor its
employees until the agency and the representative employee
organization agree by memorandum of understanding to be subject to it
by amendment to its contract made in the manner prescribed for
approval of contracts. It shall also be required that the
representative employee organizations agree to be subject to this
provision.
(j) The operative date of this section with respect to a local
safety member shall be the effective date of the amendment to the
employer's contract electing to be subject to this section. However,
this section shall not apply to any local safety member in the
employ of an employer not subject to this section on January 1, 2000.
21371. The combined current and prior service pensions, disability
retirement allowance or continued allowance with respect to a retired
member whose effective date of retirement was prior to April 1,
1973, and who was a forestry, warden, or law enforcement member on
March 31, 1973, is his or her current service pension, prior service
pension, or combined prior and current service pension, disability
retirement allowance or continued allowance as it was under this part
as it read and applied to him or her on March 31, 1973, subject to
adjustment under Article 3 (commencing with Section 21310).
21372. The combined current and prior service pensions of a state
safety member who on March 31, 1973, was a forestry member not
subject to former Section 21252.3, as added by Chapter 131 of the
Statutes of 1970, shall be determined in accordance with this part as
it read and applied to him or her on March 31, 1973, and the member
shall not become subject to Section 21369 or 21369.1 unless he or she
thereafter accepts appointment to a position in another state
department in which he or she is a state safety member, and in that
event he or she shall be subject to Section 21369 or 21369.1, as
applicable, with respect to all of his or her state safety service.
21373. The combined current and prior service pensions for a state
safety member who on March 31, 1973, was a law enforcement member not
subject to Section 21369, shall be determined in accordance with
this part as it read and applied to him or her on March 31, 1973,
rather than Section 21369 if under those provisions he or she is
entitled to a retirement allowance exceeding 2 percent of final
compensation per year of his or her law enforcement service, unless
he or she elects in writing to be subject to Section 21369 and the
election is filed in the office of the board within 30 calendar days
following April 1, 1973. Any member who does not so elect and
thereafter accepts appointment to a position in another state
department in which he or she is a state safety member shall become
subject, upon that acceptance, to Section 21369 or 21369.1, as
applicable, with respect to all of his or her state safety service.
21374. The combined current and prior service pensions for a state
safety member who on March 31, 1973, was a warden member shall be
determined in accordance with this part as it read and applied to him
or her on March 31, 1973, if on March 31, 1973, he or she was
either: (a) in compensated employment in which he or she was a
warden member, or (b) on leave of absence from that employment and
who either: (1) has attained the age of 55 years, or (2), if on
that date he or she was subject to former Section 21252.2, as amended
by Chapter 752 of the Statutes of 1969, he or she entered warden
service after attaining the age of 35 years, unless he or she elects
in writing to be subject to Section 21369 and the election is filed
in the office of the board within 30 calendar days following April 1,
1973.
Any member who thereafter accepts an appointment to a position in
another state department in which he or she is a state safety member
shall become subject to Section 21369 or 21369.1, as applicable,
with respect to all of his or her state safety service.
21375. Notwithstanding any other provision of law, and with respect
only to an election by a contracting agency to amend its contract to
become subject to Section 21369, 21370, or 21363, instead of Section
21366, the following shall apply:
(a) Members who are on the amending agency's active payroll on the
effective date of the contract amendment shall elect in writing,
within 90 days after the notification by the board of the amendment,
to be subject to Section 21363, 21366, or 21370, as applicable, or
Section 21369 with respect to all safety service performed for the
contracting agency.
(b) Members on the effective date who are former employees of the
amending agency and whose service for the amending agency was subject
to Section 21366 or Section 21369, shall retain their rights under
the formula in effect at the time their service was credited.
(c) Former members who upon reentry into state service elect to
redeposit contributions, shall be subject to Section 21363, 21369, or
21370, as applicable, with respect to all safety service performed
for the amending agency prior to the effective date of the contract
amendment.
(d) Notwithstanding Section 21357, a former member who reinstates
to the amending agency as a local safety member shall elect within 90
days of the reinstatement whether to be subject to Section 21363,
21369, or 21370, as applicable, or Section 21366 with respect to all
service with that contracting agency prior to the effective date of
the contract amendment. The election shall be effective only if the
reinstated member remains in the employment for at least one year
subsequent to reinstatement.
21376. Whenever a contracting agency amends its contract to become
subject to Section 21370 instead of Section 21369, a member who
previously elected, pursuant to Section 21375, to remain subject to
Section 21366, or a member who entered employment under Section 21366
after attaining age 30 and continued to be subject to that section,
shall elect in writing within 90 days of notification by the board
whether to be subject to Section 21366 or Section 21370.
21380. If a state safety member retires for service before
attaining age 55, or, in the case of the member who continues subject
to the current and prior service pension provision for retirement of
warden and forestry members at age 60, his or her prior and current
service pensions shall be reduced to that amount that the value of
the pensions as deferred to age 55, or age 60, respectively, will
purchase at the actual age of retirement on the basis of the
mortality tables and actuarial interest rate in effect on December 1,
1970, under this system with respect to those members.
21381. (a) The retirement allowance referred to in this section
excludes that portion of a member's service retirement annuity that
was purchased by his or her accumulated additional contributions.
(b) If a member entitled to credit for prior service retires after
attaining the compulsory age for service retirement applicable to
him or her, or if there is no compulsory age for service retirement
applicable to the member and the member attains age 70, or if a
member is entitled to be credited with 20 years of continuous state
service and retires after attaining age 60, and his or her retirement
allowance is less than one thousand two hundred dollars ($1,200) per
year and less than his or her final compensation, his or her prior
or current service pension, as the case may be, shall be increased so
as to cause his or her total retirement allowance from this system,
and from the retiring annuities system of the university, if any, to
amount to one thousand two hundred dollars ($1,200) per year, or his
or her final compensation, whichever is less.
If a member to whom this section applies is employed by more than
one employer, his or her aggregate retirement allowances shall be
taken into account irrespective of the employer.
21383. The prior service pensions for state members are derived
from contributions of the state.
21384. The prior service pension for local members is a pension
derived from the contributions of the employing contracting agency if
and as provided for in the contract between the board and the
contracting agency.
21385. The prior service pension of a member reinstated from
service retirement, upon his or her subsequent service retirement,
shall be in the same amount as his or her prior service pension prior
to his or her reinstatement, adjusted for any service on which the
pension was based that was included in coverage of the federal system
during reinstatement according to the formula applicable to the
service in employment from which he or she was retired, and further
adjusted according to any change in the provisions governing the
calculation of the pensions, using the formula applied in the first
adjustment, made after the reinstatement and applicable to pensions
being paid at the date of the change if the subsequent retirement
occurs before he or she renders after his or her reinstatement at
least one year of state service credited under this system.
Otherwise, the prior service pension calculated on the basis of an
age, taken to the preceding completed quarter year but not less than
the minimum retirement age applicable to him or her at his or her
last retirement, and determined by deducting from his or her age at
his or her subsequent retirement, the aggregate time during which he
or she was under retirement. For such a member reinstated from
nonindustrial disability retirement, the prior service pension upon
his or her service retirement after attaining an age one year less
than the minimum age at which he or she could have retired without an
actuarial discount because of age in the employment from which he or
she was last retired, or upon his or her disability retirement after
attaining the minimum age, and subsequent to reinstatement, shall be
calculated in the manners described in the preceding sentence, but
the age determined upon subsequent retirement after rendering at
least one year of state service, shall not be taken at less than one
year less than the minimum age if the subsequent retirement is for
service, or the minimum age if the retirement is for disability.
The prior service pension otherwise payable under this section to
a member whose allowance prior to reinstatement was paid pursuant to
his or her election under Section 21461 shall be reduced by the
actuarial equivalent, on the date of retirement subsequent to
reinstatement, of the amount, if any (converted as below), by which:
(a) The total amount paid in the period during which a temporary
annuity was included in the payments, the amount being reduced by the
total amount that would have been payable during the period had the
election not been made; exceeds
(b) The excess of the total amount that would have been payable,
had the election not been made, during the time subsequent to the
period and prior to reinstatement over the total amount actually paid
during that time.
The amount determined by the above formula shall be converted to
an amount equaling the actuarial equivalent on the date of
reinstatement. The latter amount shall be the basis of the actuarial
equivalent, on the date of retirement subsequent to reinstatement.
Actuarial equivalents required by this section shall be based on
the interest rate and mortality tables in use by this system on the
date of retirement subsequent to reinstatement.
Notwithstanding this section, or any other provision of this part,
the prior service pension payable to any member subject to this
section who rendered one year or more of state service credited under
this system after reinstatement on retirement for service subsequent
to reinstatement from service retirement for any credited service
for which a prior service pension was paid prior to reinstatement
shall not be less than the prior service pension that would be
payable on the date of the subsequent retirement had the member not
been reinstated, adjusted, however, by any reduction under this
section because of an election under Section 21461 and, for any
service so credited that was included in coverage of the federal
system during reinstatement, according to the formula applicable to
the service in employment from which he or she was retired.
21390. Notwithstanding Sections 21362, 21362.2, 21363, 21363.1,
21369, 21370, and 21389, for local safety members who retire on or
after January 1, 2002, and with respect to all local safety service
rendered to a contracting agency that is subject to any of those
sections, the benefit limit shall be 90 percent of final
compensation.
Disclaimer: These codes may not be the most recent version. California may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
