2009 California Government Code - Section 21090-21100 :: Article 3. Second Tier Retirement--contracting Agencies ...

21090.  (a) The governing body of a contracting agency may establish
a two-tiered retirement system developed by the board .
   (b) It is the intent of the Legislature to make a two-tiered
retirement system a matter for bargaining pursuant to provisions of
law relating to employer-employee relations.

21091.  (a) Contracting agencies as defined in Section 20022, some
or all of whose employees are miscellaneous members included in the
federal system, may amend their contracts with the board to provide
an alternate level of benefits pursuant to this article. The
alternate level of benefits shall be provided to all local
miscellaneous members of a contracting agency whose services are also
covered under the federal system who first become members of this
system on and after the contract amendment effective date and shall
be made available by election to eligible members also covered under
the federal system who were employees of the contracting agency prior
to the effective date of the employer's contract amendment as
specified in Section 21099.
   (b) This article shall not apply to any agency with a memorandum
of understanding that precludes any changes in the retirement
coverage of the employee bargaining unit subject to that agreement.

21092.  The normal rate of contribution for a local miscellaneous
member subject to this article shall be 2 percent of compensation
paid the member. A contracting agency may pay all or a portion of the
member's normal contributions, pursuant to Section 20691.

21093.  (a) Except as provided in subdivision (b), a local
miscellaneous member subject to this article may be retired for
service upon his or her written application to the board if he or she
has attained age 55 and is credited with five years of service.
   (b) Any person who was a member of this system prior to the
effective date of the employer's contract amendment to be subject to
this article, and who elects to become subject to this article, may
be retired for service upon his or her written application to the
board if he or she has attained age 50 and is credited with five
years of combined service.

21094.  (a) The service retirement allowance for a local
miscellaneous member subject to this article shall be calculated in
accordance with Section 21100.
   (b) "Final compensation" for purposes of determining any benefits
payable under this part for any local miscellaneous member service
subject to this article shall be as defined by Section 20037 and
shall not be reduced by any fraction or amount due to the inclusion
in the federal system.

21095.  (a) Participation in the plan afforded by this article shall
be made available to any employee who was included in the federal
system and who was a member of this system prior to the effective
date of the employer's contract amendment to be subject to this
article. The election shall be irrevocable, shall be effective on the
first day of the pay period following the member's election, and
shall apply to all future service rendered by the member with that
agency. Each contracting agency shall ensure each eligible member
receives sufficient information to permit an informed election, is
counseled regarding the benefits provided by this article, and
receives an election document. The election document shall be filed
with the contracting agency, and the contracting agency shall report
the member's irrevocable election to the board.
   (b) A member subject to this article shall be subject to all other
provisions of this part. However, in the event of a conflict, this
article shall supersede and prevail over other provisions contained
in this part.

21096.  The employer contribution rate of a contracting agency
subject to this article shall be determined by the board as otherwise
provided by this part.

21097.  (a) The monthly allowances payable to members based on
service subject to this article shall be annually adjusted pursuant
to Section 21329.
   (b) The percentage of the amount of his or her retirement
allowance as it was at his or her death payable based on service
credited to him or her as a member subject to Section 21624, for a
member subject to this article, shall be 25 percent.

21098.  The disability retirement pension for local miscellaneous
service subject to this article shall be one of the following:
   (a) Ninety percent of the factor applicable at age 65 as set forth
in Section 21094 times final compensation multiplied by the number
of years of service credited to him or her.
   (b) If the disability retirement allowance computed under
subdivision (a) does not exceed one-third of his or her final
compensation, 90 percent of the benefit that would be payable to the
member had the member continued in employment until age 65 but in
that case the retirement allowance shall not exceed one-third of the
final compensation. This subdivision is not applicable to members who
are not entitled, at the time of retirement, to be credited with at
least 10 years of service.
   (c) If the disability retirement allowance is derived from this
section and Section 21423, and would otherwise exceed the maximums
provided by these sections, the pension payable with respect to each
section shall be reduced in the same proportion as the allowance
computed as though there was no limit, so that the total of the
pensions shall equal the maximum allowed.

21099.  This article 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 article 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 article.

21100.  (a) The service retirement allowance for a local
miscellaneous member who is subject to this article 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-hundredth 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 member's number of years of local
miscellaneous service subject to this article:

  Fraction
  50..........                 .5000
  50 1/4......                 .5167
  50 1/2......                 .5334
  50 3/4......                 .5500
  51..........                 .5667
  51 1/4......                 .5834
  51 1/2......                 .6000
  51 3/4......                 .6167
  52..........                 .6334
  52 1/4......                 .6500
  52  1/2.....                 .6667
  52 3/4......                 .6834
  53..........                 .7000
  53 1/4......                 .7167
  53 1/2......                 .7334
  53 3/4......                 .7500
  54..........                 .7667
  54 1/4......                 .7834
  54 1/2......                 .8000
  54 3/4......                 .8167
  55..........                 .8334
  55 1/4......                 .8500
  55 1/2......                 .8667
  55 3/4......                 .8834
  56..........                 .9000
  56 1/4......                 .9167
  56 1/2......                 .9334
  56 3/4......                 .9500
  57..........                 .9667
  57 1/4......                 .9834
  57 1/2......                1.0000
  57 3/4......                1.0167
  58..........                1.0334
  58 1/4......                1.0500
  58 1/2......                1.0667
  58 3/4......                1.0834
  59..........                1.1000
  59 1/4......                1.1167
  59 1/2......                1.1334
  59 3/4......                1.1500
  60..........                1.1667
  60 1/4......                1.1834
  60 1/2......                1.2000
  60 3/4......                1.2167
  61..........                1.2334
  61 1/4......                1.2500
  61 1/2......                1.2667
  61 3/4......                1.2834
  62..........                1.3000
  62 1/4......                1.3167
  62 1/2......                1.3334
  62 3/4......                1.3500
  63..........                1.3667
  63 1/4......                1.3834
  63 1/2......                1.4000
  63 3/4......                1.4167
  64..........                1.4334
  64 1/4......                1.4500
  64 1/2......                1.4667
  64 3/4......                1.4834
  65..........                1.5000

   (b) The service retirement allowance for a local miscellaneous
member who, pursuant to Section 21095, elects to be subject to this
article shall be the sum of the allowance for service rendered
subsequent to the effective date of the election computed pursuant to
subdivision (a) of this section, added to the allowance for service
rendered as a local miscellaneous member prior to the effective date
of the election, computed pursuant to the formula specified in the
employer's contract with the board.