2009 California Government Code - Section 53212-53214.5 :: Article 1.1. Deferred Compensation

53212.  As used in this article, "local agency" means a county,
city, public district, joint powers agency, or any public or
municipal corporation.

53213.  Each local agency may establish for its officers and
employees a deferred compensation plan. Participation in such plan
shall be by written agreement between such officers and employees and
the governing body of the local agency which shall provide for
deferral of a portion of such officers' or employees' wages. Officers
and employees of any local agency having a deferred compensation
plan may authorize deductions to be made from their wages for the
purpose of participating in such deferred compensation plan.

53213.5.  (a) Each deferred compensation plan established pursuant
to this article shall conform with the requirements promulgated under
the federal Small Business Job Protection Act of 1996 (Public Law
103-188). Those requirements include, but are not limited to, the
holding of assets in a plan that complies with Sections 401(a), 401
(k), and 457 of the federal Internal Revenue Code in trust for the
exclusive benefit of employees.
   (b) Notwithstanding any other provision of law, participants
choosing individually directed investments shall relieve the trustee
and local agency of responsibility under the terms of the plan and
trust. That relief shall be conditioned upon the local agency
compliance with communication and education requirements similar to
those prescribed in subdivision (c) of Section 1104 of Title 29 of
the United States Code for private sector employers.

53214.  Notwithstanding any other provision of law, a participant in
a deferred compensation plan may also participate in a public
retirement system, and, in ascertaining the amount of compensation of
such participant for purposes of computing the amount of his
contributions or benefits under a public retirement system, any
amount deducted from his wages pursuant to this article shall be
included.

53214.5.  A county or city and county which pays the salaries,
either in whole or in part, of judges of the superior and municipal
courts and the officers and attaches of those courts may allow the
judges, officers, and attaches to participate in any deferred
compensation plan established pursuant to this article. Any county or
city and county is hereby authorized to enter into a written
agreement with the judges, officers, and attaches providing for
deferral of a portion of their wages. The judges, officers, and
attaches may authorize deductions to be made from their wages for the
purpose of participating in the deferred compensation plan.