2007 California Government Code Article 1. General Provisions

CA Codes (gov:20460-20487)

20460.  Any public agency may participate in and make all or part of
its employees members of this system by contract entered into
between its governing body and the board pursuant to this part.
However, a public agency may not enter into the contract within three
years of termination of a previous contract for participation.




20460.1.  (a) For all counties that contract with the board for the
provision of retirement benefits for their eligible employees as of
the implementation date of the Trial Court Employment Protection and
Governance Act (Chapter 7 (commencing with Section 71600) of Title
8), a trial court and a county in which the trial court is located
shall jointly participate in this system by joint contract.  All
other counties and trial courts may elect such joint participation in
accordance with the procedures set forth in this chapter.  Except as
provided in subdivision (b) and except as otherwise provided in this
part, the trial court and the county jointly participating in this
system shall each have all of the rights and all of the obligations
of a contracting agency under the contract and under this part.
   (b) A county shall not be responsible for the employer or employee
contributions required to be paid on behalf of trial court
employees.  A trial court shall not be responsible for the employer
or employee contributions required to be paid on behalf of county
employees.
   (c) As used in this chapter, "joint contract" means a contract
with the board as set forth in subdivision (a).




20461.  The board may refuse to contract with, or to agree to an
amendment proposed by, any public agency for any benefit provisions
that are not specifically authorized by this part and that the board
determines would adversely affect the administration of this system.



20462.  The governing body of a public agency that has established a
pension trust or retirement plan funded by individual or group life
insurance or annuity contracts may, notwithstanding any provision of
this part to the contrary, enter into a contract to participate in
this system making its employees members of this system, and continue
the trust or plan with respect to service rendered prior to the
contract date. A pension trust or retirement plan so continued shall
be deemed not a local retirement, pension, or annuity fund or system
for the purpose of this chapter.  The public agency shall have all
the rights of any other contracting agency to provide prior service
benefits for its employees but may elect in the contract instead not
to provide a benefit with respect to prior service, in which case the
service rendered by its employees prior to the contract date shall
be deemed not to be state service.



20463.  (a) The governing body of a public agency, or an employee
organization, recognized under Chapter 10 (commencing with Section
3500) of Division 4 of Title 1, that represents employees of the
public agency, that desires to consider the participation of the
agency in this system or a specific change in the agency's contract
with this system,  may ask the board for a quotation of the
approximate contribution to this system that would be required of the
agency for that participation or change.
   (b) If the governing body of a public agency requests a quotation,
it shall provide each employee organization representing employees
that will be affected by the proposed participation or change with a
copy of the quotation within five days of receipt of the quotation.
   (c) If an employee organization requests a quotation, the employee
organization shall provide the public agency that will be affected
by the proposed participation or change with a copy of the quotation
within five days of receipt of the quotation.
   (d) The board may establish limits on the number of quotations it
will provide for each contract and the fees, if any, to be assessed
for each quotation provided.  The limits and fees established by the
board shall be applied in the same manner to a public agency or an
employee organization.



20465.  (a) On request of the board, the public agency shall furnish
data concerning its employees as the board requires to make the
necessary valuations and investigation into the experience among the
employees.
   (b) On request of the board, the public agency shall furnish the
board a copy of any third party or internal audit performed by or for
the public agency.


20466.  The approximate contribution quoted by the board and the
actual contribution to be made if a contract results shall be
determined by actuarial valuations by the actuary of the prior and
future service liability under this system, on account of the
employees involved in the computation, in the same manner as the
contribution required of the state on account of its employees was
originally determined, except that in consideration of the number of
employees of the agency or other circumstances, a different manner of
determining the contribution may be adopted by the board, upon
recommendation of the actuary.



20467.  Notwithstanding Section 20466, the approximate contribution
quoted by the board and the actual contributions for a contracting
agency that is an employer for purposes of Chapter 9 (commencing with
Section 20790) shall be the employer rate under Chapter 9, plus the
additional amount required under that chapter on account of liability
for service to date of contract and for benefits with respect to
which it is not subject to Section 20506, the amount to be determined
in accordance with Section 20466.



20468.  The approximate and actual contributions are similar to
premiums under insurance policies.  The approximate contribution
quoted by the board to the public agency is subject to the
contingency that the actual contribution certified by the board after
the approval of a contract may differ from the approximate
contribution because of:
   (a) Change in number or salaries of employees included.
   (b) Change in prior service benefits.
   (c) Time elapsed between the quotation and effective date of the
contract.
   (d) Change in effective date of membership.
   (e) Change in manner of determining contributions.
   (f) Any changes in the facts or assumptions upon which the
quotation was based.


20469.  If after receiving the approximate contribution quotation
the governing body intends to approve the proposed contract, it shall
adopt a resolution giving notice of that intention.  The resolution
shall contain a summary of the major provisions of the proposed
retirement plan.  The contract shall not be approved unless an
election has been held to permit the employees proposed to be
included in this system to express by secret ballot their approval or
disapproval of the retirement proposal.  Prior to the election each
governing body shall be furnished with a schedule of rates of
contribution of members, which shall be made available by the
governing body to each employee proposed to be included in this
system.  The ballot at the election shall include the summary of the
retirement plan as set forth in the resolution.  The election shall
be conducted in the manner prescribed by the governing body which
shall be such as to permit the firefighters, the police officers, the
county peace officers, and the other employees proposed to be
included in this system to express separately their approval or
disapproval.



20469.1.  (a) Notwithstanding 20469, if after receiving the
approximate contribution quotation the governing body of a county and
the presiding officer of a trial court located in the same county
intend to approve a proposed joint contract, both shall adopt a
resolution giving notice of that intention.  Each resolution shall
contain a summary of the major provisions of the proposed retirement
plan.  The contract shall not be approved unless an election has been
held to permit the employees proposed to be included in this system
to express by secret ballot their approval or disapproval of the
retirement proposal.  Prior to the election the county governing body
and the trial court presiding officer shall be furnished with a
schedule of rates of contribution of members, which shall be made
available by the governing body and the presiding officer to each
employee proposed to be included in this system.  The ballot at the
election shall include the summary of the retirement plan as set
forth in the resolution.  The election shall be conducted in the
manner prescribed by the governing body and the presiding officer
which shall be such as to permit the firefighters, the police
officers, the county peace officers, and the other employees proposed
to be included in this system to express separately their approval
or disapproval.
   (b) For all counties that participate in this system by contract
with the board as of the implementation date of the Trial Court
Employment Protection and Governance Act (Chapter 7 (commencing with
Section 71600) of Title 8), the trial court located in the county
shall be deemed to elect to participate in this system jointly with
the county pursuant to the terms and conditions of the county's
contract with the board.  The county's contract shall be amended to
add the trial court as a contracting party.  The amended contract
shall be deemed adopted by the county.  This amendment shall
establish a joint contract.



20470.  The governing body shall not include in this system any
group if a majority of its members voted to disapprove the proposed
plan or if two-thirds of those of its members who are also members of
an existing local retirement pension or annuity fund or system do
not vote for approval of the proposed plan.  If there are no members
of any group when the election is held, the governing body may
include the group in this system, and members subsequently entering
the group shall become members of this system under the provisions of
this part.


20471.  Approval of the contract shall be by ordinance adopted by
the affirmative vote of a majority of the members of the governing
body, not less than 20 days after the adoption of the resolution of
intention, or by ordinance adopted by a majority vote of the
electorate of the public agency voting thereon.



20471.1.  Notwithstanding Section 20471, and except as provided in
subdivision (b) of Section 20469.1, approval of a proposed joint
contract by a trial court and county shall be by ordinances or
resolutions adopted by both the affirmative vote of a majority of the
members of the governing body of a county and the presiding officer
of the trial court, not less than 20 days after the latest adoption
of the notices of intention.  The resolution of the presiding officer
of the trial court and the resolution or ordinance of the governing
body of the county which approve the joint contract must be adopted
within 30 days of each other.


20472.  Errors in any contract may be corrected through amendments
approved by the adoption of suitable resolutions by the contracting
parties.  Excluded employees may be included by groups through
amendments approved in the manner prescribed for the approval of the
contracts, except that if there were no members of an excluded group
when the contract was entered into, an election among the employees
is not required.  Additional benefits for prior service provided in
this part but not included in a contract, may be included through
amendments so approved except that an election among employees is not
required.


20473.  Investigations and valuations necessary to adjust the agency'
s contributions on account of changed benefits or conditions of
retirement shall be made in the manner prescribed for valuations and
investigations to determine the approximate and actual contributions.
  Amendments in the contract necessary because of those valuations
and investigations shall be approved in the manner prescribed for the
approval of the contracts, except that an election among employees
is not required.



20474.  Whenever by any provision of law an election is given to
contracting agencies to subject themselves and their employees to
provisions of this part otherwise not applicable to contracting
agencies and their employees, and no other means of making the
election is expressly provided, any contracting agency may make the
election by amendment to its contract with the board approved in the
manner provided for the approval of the contracts including an
election among the employees affected unless the amendment only adds
benefits without affecting members' contributions, in which case the
election among the employees is not required.  An amendment to a
joint contract that has been approved by the governing body of the
county shall be deemed approved by the presiding officer of the trial
court located within the county.  The amendment shall specify the
date upon which the agency and its employees shall become subject to
the provisions.  That date shall not be earlier than the first day
following the approval of the contract pursuant to Section 20471,
except that if the rate of the employer's contributions changes, the
effective date shall not be earlier than the first day of the pay
period following the approval.  Any election made by amendment to the
contract shall be irrevocable until the contract is terminated.
However, benefits provided by the amendment may be increased or
improved from time to time by further amendment to the contract.
From and after the date specified in the amendment to the contract
the provisions, as they are in effect at the time of election and as
they may be amended in the future, shall apply to the contracting
agency and to its employees, and the rights, privileges, duties,
liabilities, and responsibilities of the contracting agency and of
each of its employees included in this system shall be governed
thereby.



20475.  Notwithstanding Section 20474, a contracting agency may
amend its contract or previous amendments to its contract, without
election among its employees, to reduce benefits, to terminate
provisions that are available only by election of the agency to
become subject thereto, to provide different benefits or provisions
or to provide a combination of those changes with respect to service
performed after the effective date of the contract amendment made
pursuant to this section, if the contracting agency has fully
discharged all of the obligations imposed by Chapter 10 (commencing
with Section 3500) of Division 4 of Title 1 with respect to the
contract amendments, and if the amendment provides that:
   (a) The contract amendments apply uniformly with respect to all
members within each of the following classifications: local
miscellaneous members, local police officers, local firefighters,
county peace officers, local sheriffs, or all local safety members
other than local police officers, local firefighters, county peace
officers, or local sheriffs.
   (b) A member shall be subject to the contract as amended only if,
after the effective date of the contract amendment, the member either
(1) receives service credit for the first time within a
classification, or (2) the member returns to service within a
classification following termination of membership as provided for in
subdivision (b) of Section 20340 unless the member has redeposited
or elects prior to 90 days after returning to service to redeposit
contributions pursuant to Section 20750, in which case the member
shall not be subject to the contract amendment.
   Amendments to the contract and amendments of previous amendments
to the contract may be effected pursuant to this section only once
during any three-year period with respect to each of the
classifications.



20476.  Whenever any provision of this part requires action by
ordinance, action by resolution is authorized, except with respect to
cities and counties, if the governing body of the public agency is
authorized to take action by resolution.




20477.  If the head of a public agency is an individual, rather than
a board or other governing body, all actions required or permitted
by this part to be taken by ordinance may be taken by order of the
individual, and every action required by this part to be taken by a
public agency governed by a governing body shall be taken by a public
agency governed by an individual.



20478.  Notwithstanding any other provision of this part, the board
of directors of a metropolitan water district, or the governing body
of any other public agency, shall adopt any order, motion, resolution
or ordinance, required under the provisions of this part to be
adopted by a majority vote or by a two-thirds vote or by any other
specified vote, by an affirmative vote as constitutes under the
provisions of the Metropolitan Water District Act (Chapter 209 of the
Statutes of 1969), or the statute creating or authorizing the
organization of any other public agency, a majority vote or a
two-thirds vote or other specified vote, as the case may be, of the
board or body.



20479.  Notwithstanding any other provision of law, including, but
not limited to, Chapter 10 (commencing with Section 3500) of Division
4 of Title 1, no contract or contract amendment shall be made to
provide retirement benefits for some, but not all members of the
following membership classifications: local miscellaneous members,
local police officers, local firefighters, county peace officers,
local sheriffs, or local safety officers.
   No contract or contract amendments shall provide different
retirement benefits for a subgroup, including, but not limited to,
bargaining units or unrepresented groups, within those membership
classifications.
   This section does not preclude changing membership classification
from one membership classification to another membership
classification or exclusion of groups of members by contract.
   For purposes of this section, "benefit" shall not be limited to
the benefits set forth in Section 20020.


20479.5.  Notwithstanding Section 20479, where a memorandum of
understanding entered prior to August 11, 1988, provided a different
retirement benefit formula for a subgroup of employees in a member
classification, that contracting agency may, pursuant to a memorandum
of understanding, amend its contract to provide the same retirement
formula applicable to that subgroup to all or part of the contracting
agency's other employees in the same member classification.



20481.  All members of a local system included by contract in this
system thereupon become subject to this part and cease to be members
of the local system.  Payments being made to persons who have retired
or their survivors or beneficiaries under the local system on the
effective date of the contract, or any subsequent amendment thereto,
shall be continued and paid by this system at the rates existing on
that date under the local system unless the agency elects in its
contract or by amendment thereto to provide a recalculation of
retirement allowances for persons retired under the local system on
the basis of the provisions of the contract.  The liability for those
payments shall be included in the computation of the prior service
liability of the contracting agency.  All members of the local system
who are members under provisions continuing membership after
termination of service shall be deemed members of this system under
Section 20731 with credit in this system for all of the service with
regard to which membership was continued under the local system.



20482.  Subject to the approval of the board as in the case of all
other employees, the contracting agency may elect to continue the
local system and to place under this system only a portion of the
members of the local system.


20483.  If all members of the local system become members of this
system, the operation of the local system shall be discontinued as of
the date provided for in the contract, and if only a part of the
members become members of this system, the operation of the local
system shall be so discontinued with respect to that part.




20484.  Notwithstanding Section 20483, if a member of a local
system, which is also a reciprocal system pursuant to Section 20351,
elects to join this system as permitted by Section 20504, the
operation of the local system shall continue.


20485.  It is the intent of the Legislature that contracting
agencies in conjunction with recognized local employee organizations,
develop alternative retirement plans that provide benefits under a
defined contribution program.


20486.  (a) Notwithstanding Section 20484, a contracting agency that
continued the local system for members who elected to become members
of this system prospectively pursuant to Section 20504 may transfer
to this system the cash and securities to the credit of the local
system and held on account of persons who became members of this
system.  The transfer of cash and securities shall be made pursuant
to Section 20530.  The service credited under the local system shall
be credited under this system as prior service.
   (b) This section shall not apply to the employees of any
contracting agency nor to any contracting agency unless and until the
contracting agency elects to be subject to this section by amendment
to its contract with the board, made pursuant to Section 20474.



20487.  Notwithstanding any other provision of law, no contracting
agency or public agency that becomes the subject of a case under the
bankruptcy provisions of Chapter 9 (commencing with Section 901) of
Title 11 of the United States Code shall reject any contract or
agreement between that agency and the board pursuant to Section 365
of Title 11 of the United States Code or any similar provision of
law; nor shall the agency, without the prior written consent of the
board, assume or assign any contract or agreement between that agency
and the board pursuant to Section 365 of Title 11 of the United
States Code or any similar provision of law.