2005 California Government Code Sections 9359-9360.11 Article 6. Benefits

9359.  Upon his written application therefor to the Board of
Administration, (a) any member of this system who was a member on the
effective date of this amendment who has attained age 60, (b) any
member who hereafter becomes a member of this system who has attained
age 60 and who is credited with four (4) or more years of service,
or (c) any member, regardless of age, who is credited with twenty
(20) or more years of service, shall be retired, and thereafter shall
receive for life the retirement allowance provided in this chapter.
   A written application for retirement may be filed at any time
during the term of office of the member, or within thirty (30) days
after the expiration of his term of office.  Any application which
does not specify a different date as the effective date of retirement
applied for shall be deemed to be an application for retirement as
of the day following the expiration of the term of office of the
member.
9359.01.  (a) Notwithstanding any other provision of this part, the
benefits payable to any person who becomes a member for the first
time on or after January 1, 1990, shall be subject to the limitations
set forth in Section 415 of the Internal Revenue Code.
   (b) Notwithstanding any other law, the benefits payable to any
person who became a member prior to January 1, 1990, shall be subject
to the greater of the following limitations as provided in Section
415(b)(10) of the Internal Revenue Code:
   (1) The limitations set forth in Section 415 of the Internal
Revenue Code.
   (2) The accrued benefit of a member under this system (determined
without regard to any amendment to the system made after October 14,
1987).
9359.02.  (a) The amount of compensation used to compute benefits
payable to any person who becomes a member of this system on or after
July 1, 1996, may not exceed the limitations upon public retirement
systems set forth in Section 401(a)(17) of Title 26 of the United
States Code, as that section may be amended from time to time and as
that limit may be adjusted by the Commissioner of Internal Revenue
for increases in the cost of living.
   (b) The determination of compensation for each 12-month period
shall be subject to the annual compensation limit in effect for the
calendar year in which the 12-month period begins. In a determination
of average annual compensation over more than one 12-month period,
the amount of compensation taken into account for each 12-month
period shall be subject to the applicable annual compensation limit.
9359.03.  If a person qualifies to retire as a legislative statutory
officer, and has held more than one of the offices enumerated in
Section 9350.55, his benefits payable under this chapter shall be
computed on the basis of the office having the higher salary.
9359.05.  The amount of compensation that is taken into account in
computing benefits payable to any person who first becomes a member
of this system on or after July 1, 1996, shall not exceed the
limitations in Section 401(a)(17) of Title 26 of the United States
Code upon public retirement systems, as that section may be amended
from time to time and as that limit may be adjusted by the
Commissioner of Internal Revenue for increases in cost of living.
The determination of compensation for each 12-month period shall be
subject to the annual compensation limit in effect for the calendar
year in which the 12-month period begins.  In a determination of
average annual compensation over more than one 12-month period, the
amount of compensation taken into account for each 12-month period
shall be subject to the applicable annual compensation limit.
9359.1.  (a) The retirement allowance for a member all of whose
credited service was rendered as a Member of the Senate or Assembly
except as provided in subdivision (d) is an annual amount equal to
five percent (5%) of the compensation payable, at the time payments
of the allowance fall due, to incumbent Members of the Senate or
Assembly, multiplied by the number of years of service with which the
member is credited at the time of his or her retirement, not to
exceed 15 years.  In no event shall any retirement allowance payable
under this chapter to any such member exceed the compensation payable
to Members of the Legislature at the time the payment of the
allowance is made, except that the  retirement allowance of any such
member who is credited with more than 15 years shall be increased by
an amount equal to 3 percent of the compensation payable, at the time
payment of the allowance falls due, to incumbent Members of the
Senate or Assembly for each year or fraction of a year in excess of
15 years.
   (b) The retirement allowance for a member all of whose credited
service was rendered as the Insurance Commissioner or as an elective
officer of the state whose office is provided for by the Constitution
other than a judge (and other than a Member of the Senate or
Assembly) the sum of (1) is an annual amount equal to five percent
(5%) of the highest compensation received by the officer while
serving in that office, multiplied by the number of years of service
with which the member is credited at the time of his or her
retirement, not to exceed eight (8) years, plus, if the member is
credited with 24 or more years of service, (2) one and two-thirds
percent (12/3%) of the compensation to which the five percent (5%)
rate is applicable under subparagraph (1) of this subdivision for his
or her first eight years of credited service, multiplied by the
number of years of service in excess of eight years with which the
member is credited at the time of his or her retirement, not to
exceed 12 years of such credited service in excess of the eight years
of service referred to in subparagraph (1) of this subdivision.
   (c) The retirement allowance for a member part of whose credited
service was rendered as a Member of the Senate or Assembly and part
of whose credited service was rendered as the Insurance Commissioner
or as an elective officer of the state whose office is provided for
by the Constitution, other than a judge (and other than a Member of
the Senate or Assembly) is the sum of (1) an annual amount equal to
five percent (5%) of all the compensation, at the time payment of the
allowance falls due, to the officer holding the highest salaried
office which the member held at any time during his or her service
prior to retirement, multiplied by the number of years of service
with which the member is credited at the time of his or her
retirement, not to exceed eight (8) years, plus, if the member is
credited with 24 or more years of service, (2) one and two-thirds
percent (12/3%) of the compensation to which the five percent (5%)
rate is applicable under subparagraph (1) of this subdivision for his
or her first eight years of credited service, multiplied by the
number of years of service rendered as the Insurance Commissioner or
as an elective officer of the state whose office is provided for by
the Constitution, other than a judge and other than a Member of the
Senate or Assembly, with which the member is credited at the time of
his or her retirement, not to exceed 12 years of that credited
service in excess of the eight years referred to in subparagraph (1)
of this subdivision.  If, however, the member would be entitled to
receive a greater allowance under subdivision (a), (b), or (d) of
this section if all of his or her credited service had been rendered
as a Member of the Senate or Assembly or as the Insurance
Commissioner or as an elective officer of the state whose office is
provided for by the Constitution other than a judge (and other than a
Member of the Senate or Assembly), then all of his or her credited
service shall be deemed to have been rendered as a Member of the
Senate or Assembly or as such other elective officer, and he or she
shall receive a retirement allowance computed under subdivision (a),
(b), or (d) of this section, whichever is greater.
   (d) The retirement allowance for a member, all of whose service
was rendered as a Member of the Senate or Assembly, who is the
surviving spouse of a deceased Member of the Senate or Assembly and
who becomes the immediate successor in office of such deceased Member
of the Senate or Assembly is an annual amount equal to five percent
(5%) of the compensation payable, at the time the payments of the
allowance fall due, to incumbent Members of the Senate or Assembly,
multiplied by the number of years of service with which the member is
credited at the time of retirement plus the number of years of
service as a Member of the Senate or Assembly rendered by the member'
s deceased husband or wife plus any period in the term, for which the
deceased member was elected, following his or her death, not to
exceed 15 years.  In no event shall any retirement allowance payable
under this chapter to any such member exceed the compensation payable
to Members of the Legislature at the time the payment of the
allowance is made, except that the retirement allowance of any such
member, whose total service creditable under this subdivision is in
excess of 15 years, shall be increased by an amount equal to 3
percent of the compensation payable, at the time payment of the
allowance falls due, to incumbent Members of the Senate or Assembly
for each year or fraction of a year in excess of 15 years.  This same
computation of total service creditable shall be used as a basis in
determining eligibility for retirement, under Sections 9359 and
9359.16, of a member described in this subdivision.  Any member to
whom this subdivision applies shall redeposit an amount equal to the
contributions which were required to be contributed by his or her
deceased spouse while he or she was a member of the system for his or
her service, computed on the basis of the salary and rate of
contribution in effect at the time such service was rendered, or
would have been rendered, in the Legislators' Retirement Fund on
account of the service of his or her deceased spouse in order to use
such service for the purposes of this section and Sections 9359 and
9359.16.
   The amendments to this section enacted at the 1969 Regular Session
shall apply with respect to any member who retired or retires, or
died or dies while eligible to retire on or after May 1, 1969, and
any allowance payable with respect to such a member who retired or
died prior to the effective date of such amendment, shall be adjusted
effective from the date of retirement or death to the amount it
would have been had the amendment been in effect on that date.
   The provisions of Sections 9359.11 and 9359.12 shall control over
any conflicting provisions of this section.
   The amendments to this section during the 1973-74 Second
Extraordinary Session shall not be applicable to members who are
retired on the effective date of the amendments.
9359.10.  The retirement allowance for a legislative statutory
officer is an annual amount equal to 3 percent of the compensation
payable to the officer at the time the officer vacates that
legislative statutory office, or payable to the incumbent of that
legislative statutory office at the time payments of the allowance
fall due, whichever is higher, multiplied by the number of years of
service with which the legislative statutory officer is entitled to
be credited at the time of the officer's retirement. In no event
shall the allowance payable under this section exceed two-thirds of
the compensation payable to the legislative statutory officer at the
time the officer vacates that legislative statutory office, or
two-thirds of the compensation payable to the incumbent of that
legislative statutory office at the time payments of the allowance
fall due, whichever is the higher; provided, however, the allowance
shall be further adjusted to reflect cost-of-living increases
occurring after the retirement of the legislative statutory officer
as determined under Section 9360.10 without respect to the
limitations set forth in this section.
   If a legislative statutory officer is entitled to a retirement
allowance under any other state administered public retirement
system, and the officer's total retirement allowances under both
systems exceed the maximum allowance to which the officer would be
entitled under this section with 20 years service in that legislative
statutory  office, the allowance payable under this section shall be
reduced to the amount that it, combined with the retirement
allowance to which the officer is entitled under the other system,
does not exceed the maximum allowance to which the officer would be
entitled under this section with 221/3 years service in that
legislative statutory office.
   The retirement allowance for a person who first commences service
in any of the offices listed in Section 9350.55 or who becomes a
member of this system on or after January 1, 1982, shall be based on
compensation payable to that officer at retirement.  In no event
shall the allowance be based on a compensation greater than the
compensation the member received for such service.
9359.11.  Any contrary provisions of Section 9359.1 notwithstanding,
in computing the retirement allowance of a legislator member of the
Legislators' Retirement System whose service as a legislator ended
prior to the term commencing in 1967, the salary to which the
applicable formula shall be applied shall be five hundred dollars
($500) per month, and any increase in salary of legislators above
such amount shall be disregarded for such purpose.
9359.12.  (a) Any contrary provisions of Section 9359.1 or Section
9360.9 notwithstanding, and subject to the further limitations in
subdivision (b), the retirement allowance of any member of the
Legislators' Retirement System who serves as a legislator during or
after the term commencing in 1967 shall be the sum of:  (1) the
amount determined by application of the formula provided by Section
9359.1 to the first five hundred dollars ($500) per month of salary
payable to the legislator at the time of his or her retirement, plus
(2) an amount equal to 3 percent of the amount of such salary in
excess of five hundred dollars ($500) per month multiplied by the
number of years credited the member, or two-thirds of the amount of
such salary payable to the legislator at the time of his or her
retirement, whichever is the lesser, plus, in the case of members
credited with service prior to the term commencing in 1967, an amount
equal to a cost-of-living increase computed under Section 9360.9 as
of January 1, 1967, on that portion of the allowance based on five
hundred dollars ($500) per month, and said  total to be further
adjusted to reflect cost-of-living increases occurring after the
member's retirement as determined under Section 9360.10.
   (b)  Except as provided in subdivision (c), during such time as he
or she serves in any salaried public office any retired member of
the Legislators' Retirement System who served as a legislator during
or after the term commencing in 1967 shall receive a retirement
allowance computed by application of the formula set forth in Section
9359.1 to a salary of five hundred dollars ($500), and any increase
in salary above such amount shall, for such purpose, be disregarded.
   (c) If a retired member who is otherwise subject to subdivision
(b) is, while serving as a member of a public board or commission,
entitled to receive for that service per diem compensation and
expenses or compensation and expenses, he or she may, notwithstanding
any other provision of the law, waive the compensation.  If the
compensation is waived, the member shall not be subject to
subdivision (b).  Nothing in this section shall be construed as
requiring the waiver of expenses or per diem compensation which is in
lieu of expenses.
9359.13.  Notwithstanding any contrary provision of Section 9359.1
the retirement allowance of a member who is an elective officer of
the state whose office is provided for by the Constitution, other
than a judge or a Member of the Senate or Assembly, first elected to
any such office after the effective date of this section and any
allowance payable to a survivor of such member on death before or
after retirement shall not be based on compensation in excess of the
highest compensation received by the member as an incumbent of such
office.  Allowances payable to such members or survivors shall be
adjusted under Section 9360.10 rather than 9360.9.
9359.15.  Notwithstanding any other provision of this chapter, no
retirement allowance or optional settlement in lieu thereof under
this chapter shall be paid to or in respect to any person for time
during which he or she holds office as a legislator.  If a retired
legislator reenters this system after his or her retirement, his or
her retirement allowance or optional settlement in lieu thereof shall
be discontinued, and his or her individual account shall be credited
with the amount of his or her accumulated contributions at the time
of his or her retirement, and he or she shall be entitled to receive
credit for service prior to his or her retirement in the same manner
as if he or she had never been retired.
9359.16.  Notwithstanding the provisions of Section 9359, a member
of this system, other than a legislative statutory officer, who is
under age 60 and who is credited with 15 or more, but less than 20
years of service shall be retired upon his or her written application
therefor to the Board of Administration, and thereafter shall
receive for life the retirement allowance provided by this section.
The allowance shall be equal to the retirement allowance that he or
she would receive for that service upon retirement at age 60 reduced
by 2 percent for each year by which the member's age at the time of
retirement is below age 60.
9359.17.  Notwithstanding the provisions of Section 9359, a
legislative statutory officer who has attained the age of 55 shall be
retired upon his or her written application therefor to the Board of
Administration, and shall thereafter receive for life the retirement
allowance provided by Section 9359.10.
9359.2.  A retirement allowance granted by this chapter is payable
in equal monthly installments but a smaller pro rata amount may be
paid for part of a month when the period of payment begins after the
first or ends before the last day of the month.
9359.3.  The right of a person to any benefit or other right under
this chapter and the money in the Legislators' Retirement Fund are
not subject to execution or any other process whatsoever except to
the extent permitted by Section 704.110 of the Code of Civil
Procedure, and are unassignable except as specifically provided in
this chapter.
9359.4.  A member may at any time designate a beneficiary to receive
those benefits as may be payable to his or her beneficiary or estate
under this chapter, by a writing filed with the board.  To be
eligible to be so designated a person shall have an insurable
interest in the life of the member.
9359.5.  The designation of a beneficiary under this system, other
than designations under Optional Settlements 2, 3 and 4, may be
revoked at the pleasure of the person who made it and a different
beneficiary designated by a writing filed with the board.
9359.6.  The designation of a beneficiary by a member is not
affected by termination of nor a break in his membership.
9359.7.  If any person entitled to a benefit of not more than five
hundred dollars ($500) from this system is a minor who has no
guardian of his estate, the board may pay it to the person entitled
to the custody of the minor to hold for the minor, if the person
files with the board his acknowledged and verified statement that the
total estate of the minor does not exceed one thousand dollars
($1,000) in value.  Payment so made is a full discharge of the board
and this system.  The person shall account to the minor for the money
when the minor reaches the age of majority.
9359.8.  Upon the death of any member before retirement, the member'
s accumulated contributions shall be paid to the member's
beneficiary, if he or she has designated one, and if not, to his or
her estate.  There shall also be paid to his or her beneficiary or
estate an amount equal to one-twelfth of the annual compensation of
the office last held by the member as a legislator during the 12
months immediately preceding his or her death or that would have been
applicable under Section 9359.1, whichever is greater, multiplied by
the number of completed years of service and prior service for which
the member is entitled to elect to receive credit.  The benefits
provided by this section are in addition to any benefits provided by
Division 4 (commencing with Section 3201) of the Labor Code.
   The benefit accorded by this section is not payable if the
deceased member's spouse survives him or her and is entitled to
receive an allowance for life pursuant to this chapter.
9359.83.  Retired members of the system, and beneficiaries, who are
entitled to receive allowances under the provisions of this chapter,
may authorize deductions to be made from their retirement allowance
payments, in accordance with regulations established by the board,
for the payment of group insurance premiums and for dues or charges
of a nonprofit membership corporation for the purpose of defraying
the cost of medical services or hospital care, or both, under any
plan approved by the Director of Finance.  Those persons may also
authorize deductions to be made from their retirement allowance
payments, in accordance with regulations established by the board,
for the payment of contributions for any health benefit plan coverage
for which they may be eligible under the provisions of Chapter 1
(commencing with Section 22750) of Part 5 of Division 5 of Title 2 of
this code.
9359.85.  Upon the death of any person, after retirement and while
receiving a retirement allowance from this system, there shall be
paid to his or her estate or to those beneficiaries as he or she
shall nominate the sum of six hundred dollars ($600).
9359.9.  If a beneficiary is not designated, or if the estate is the
beneficiary and the estate would not be probated if no amount were
due from this system, all of the amount due by reason of the death of
a member or retired member, including retirement allowances accrued
but not received prior to death, shall be paid directly without
probate to the surviving next of kin of the deceased, or the
guardians of such survivors' estates, share and share alike.
   Such payment shall be made in the same order in which the
following groups are listed:
   1. Husband or wife,
   2. Children,
   3. Father and mother,
   4. Grandchildren,
   5. Brothers and sisters,
   6. Nieces and nephews.
9359.95.  In addition to any other benefits provided for in this
chapter, upon the death, on or after January 1, 1959, and before
retirement, of any member who, at the time of his or her death was a
legislator, there shall be paid to his or her beneficiary, if he or
she has designated one, and if not, to his or her estate, an amount
equal to the annual compensation payable to him or her during the 12
months immediately preceding his or her death.
9360.  No payment shall be made to persons included in any group if
at the date of payment there are living persons in any of the groups
preceding it, as listed.  Payment to the persons in any group, upon
receipt from them of an affidavit upon a form supplied by the board,
that there are no living individuals in the groups preceding it and
that the estate of the deceased will not be probated, is in full
discharge of the board and system on account of the death.
9360.1.  If the estate of the deceased member is his beneficiary, or
if no beneficiary has been designated by him, or if the designated
beneficiary cannot be found by the board, it may in its discretion
pay to the funeral director who conducted the funeral, or to any
person or organization that has paid the funeral director from his or
the organization's funds, all or a portion of any amount payable
under this system, but not more than expenses of the funeral or the
portion of such expenses paid by the person or organization, as
evidenced by the sworn itemized statement of the funeral director and
by such other documents as the board may require.  Payment so made
is a full discharge of the board and system for the amount so paid.
9360.2.  As used in this chapter, "disability" and "incapacity for
performance of duty" as a basis of retirement, mean disability of
permanent or extended and uncertain duration, as determined by the
board on the basis of competent medical opinion.
9360.3.  Application to the board for retirement of a member for
disability may be made by the member or any person in his or her
behalf.  Upon receipt of the application and determination of the
board that the applicant is incapacitated for the performance of
duty, the board shall retire the member for disability.  The
application shall be made only during one or more of the three
following periods:
   (a) While the person is a member of this system.
   (b) During any time as he or she has allowed his or her
accumulated contributions to remain in the system pursuant to Section
9355.2.
   (c) If the person has not allowed his or her accumulated
contributions to remain in the system pursuant to Section 9355.2 and
if he or she was physically or mentally incapacitated to perform his
or her duties on the date of discontinuance of his or her service as
a legislator and the incapacity continued to the time of application,
while he or she is physically or mentally incapacitated.
9360.4.  The board may require any recipient of a disability
allowance under the minimum age for voluntary retirement to undergo
medical examination.  The examination shall be made by a physician or
surgeon, appointed by the board, at the place of residence of the
recipient or other place mutually agreed upon.  Upon the basis of the
examination, the board shall determine whether the physical or
mental disability still exists.  If the board determines that the
recipient is not so incapacitated, his or her disability allowance
shall be canceled forthwith.
9360.5.  If any recipient of a disability retirement allowance under
the minimum age for voluntary retirement refuses to submit to
medical examination, the retirement allowance shall be discontinued
until he or she agrees to submit to the examination.  If the refusal
continues for one year, disability retirement allowance shall be
discontinued.
9360.6.  The disability allowance for other than legislative
statutory officers is the same as the retirement allowance that would
be payable to the member had he or she retired under this chapter
for reasons other than disability, and shall be paid regardless of
the age of the member at the time of his or her retirement for
disability.  The disability retirement allowance for legislative
statutory officers is the same as the retirement allowance provided
in Section 9359.10, and shall be paid regardless of the age of the
member at the time of his or her retirement for disability.
9360.7.  (a) Any Member of the Senate or Assembly who, after the
effective date of this section, retires for service or disability
shall receive the retirement allowance provided by this chapter
unmodified by any optional settlement elected pursuant to Article 7
(commencing with Section 9361) of this chapter.
   (b) The surviving spouse of a member described in subdivision (a)
who dies after retirement may elect to receive an allowance under
this section.  Any surviving spouse making that election shall
receive an allowance equal to one-half of the retirement allowance,
unmodified by any optional settlement that would be payable to the
member were he or she living and retired under this chapter.
   (c) The surviving spouse of a member who is a Member of the Senate
or Assembly and who dies before retirement but after becoming
eligible for retirement may elect to receive an allowance under this
section.  Any surviving spouse making that election shall receive an
allowance equal to one-half of the amount of the retirement
allowance, unmodified by any optional settlement, that would be
payable to the member were he or she living and retired under this
chapter.  If there is no surviving spouse, or if the spouse dies or
remarries, then the allowance payable under this paragraph shall be
payable to the children of the member under the same conditions and
qualifications as provided for the allowances of children under
Article 8 (commencing with Section 9371) of this chapter.
   (d) The election provided for in this section shall be made by a
writing filed with the board within 60 days after the death of the
member.
   (e) The allowance to a surviving spouse provided by this section
is payable commencing upon the death of the member and continuing
until the death or remarriage of the surviving spouse.  If pursuant
to this section, an allowance is paid to a surviving spouse, no
payment shall be made pursuant to Section 9359.8 or pursuant to
Article 7 (commencing with Section 9361) of this chapter.
   (f) The provisions of this section apply to the surviving spouse
of any Member of the Senate or Assembly who was credited with 20 or
more years of service at the time of his or her retirement and
regardless of the date of retirement.
9360.9.  Notwithstanding any other provisions of this chapter, the
provisions of this section shall be applicable to all allowances
granted by this chapter commencing with each installment paid or
payable on or after January 1, 1964, with respect to Members of the
Senate or the Assembly not having service in such office during or
after the term commencing in 1967 and members who are elective
officers of the state whose offices are provided by the Constitution
and who were first elected to any such office prior to January 1,
1966.
   On or before January 1, 1964, the board shall adjust the amount of
the allowances payable during the 1964 calendar year to reflect any
increase in cost of living occurring between the 1963 calendar year
and the 1955 calendar year, inclusive, and any increase resulting
from such adjustment shall be payable commencing with each
installment of allowances paid or payable on or after January 1,
1964.  On or before January 15, 1965, and, on or before January 15 of
each year thereafter, the amount of the allowances provided by this
chapter shall be adjusted by the board to reflect any increase in
cost of living occurring after January 1 of the immediately preceding
calendar year.   Effective January 1, 1985, the United States city
average of the "Consumer Price Index for all Urban Consumers," as
published by the United States Bureau of Statistics, shall be used as
the basis for determining the changes in the cost of living.  For
the period from January 1, 1978, through December 31, 1984, the
average of the separate indices of the "Consumer Price Index for All
Urban Consumers" for the Los Angeles-Long Beach-Anaheim area, and the
San Francisco-Oakland area, as published by the United States Bureau
of Labor Statistics, shall be used as the basis for determining the
changes in the cost of living.  For the period prior to January 1,
1978, the average of the separate indices for the Los Angeles-Long
Beach area and the San Francisco-Oakland area, as published by the
United States Bureau of Labor Statistics, shall be used as the basis
for determining the changes in the cost of living.  The
cost-of-living increase shall equal or exceed 1 percent before any
adjustment is made in the allowance.  The calendar year 1954 shall be
used as the base year in computing any annual adjustment.  The
annual adjustment made on or before January 15, 1965 and made on or
before January 15 of each calendar year thereafter shall correspond
to the average annual change in the calendar year immediately
preceding the year during which the adjustment shall be effective.
The adjustment made on or before January 1, 1964, shall correspond to
the total of the average annual changes in each calendar year from
the 1955 calendar year to the 1963 calendar year, inclusive.
   The adjustment provided by this section shall be made only if it
operates to effect an increase over the allowance payable for the
calendar year immediately preceding.
9360.10.  On or before January 15, 1968, and on or before January 15
of each year thereafter, the amount of any allowances provided by
this chapter and not subject to Section 9360.9 shall be adjusted by
the board to reflect any increase in cost of living occurring after
January 1 of the immediately preceding fiscal year.   Effective
January 1, 1985, the United States city average of the "Consumer
Price Index for all Urban Consumers," as published by the United
States Bureau of Statistics, shall be used as the basis for
determining the changes in the cost of living.  For the period from
January 1, 1978, through December 31, 1984, the average of the
separate indices of the "Consumer Price Index for All Urban Consumers"
for the Los Angeles-Long Beach-Anaheim area and the San
Francisco-Oakland area, as published by the United States Bureau of
Labor Statistics, shall be used as the basis for determining the
changes in the cost of living.  For the period prior to January 1,
1978, the average of the separate indices for the Los Angeles-Long
Beach area and the San Francisco-Oakland area, as published by the
United States Bureau of Labor Statistics, shall be used as the basis
for determining the changes in the cost of living.  The
cost-of-living increase shall equal or exceed 1 percent before any
adjustment is made in the allowance.  The adjustment provided by this
section shall be made only if it operates to effect an increase over
the allowance payable for the calendar year immediately preceding.
9360.11.  Notwithstanding any other provisions of this chapter, any
member who would have been eligible to retire under Section 9359.01
had it not been repealed because he or she did not return to office
or who would have been eligible to retire under that section had it
not been repealed and had he or she chosen not to run or not been
returned to office following the reapportionment of his or her
district is deemed eligible for retirement for purposes of Sections
9360.7 and 9361.1 at any time thereafter.