2010 California Code
Government Code
Chapter 8.6. Alternate Retirement Program For New Employees Exempted From Contributions To The Public Employees' Retirement System

19999.3.  (a) The Legislature finds and declares that this chapter
is intended to provide an alternate retirement program for new state
employees who are members of the Public Employees' Retirement System
pursuant to Section 20281.5 and who, during the 24 months of
employment following the date they qualify for membership in the
system pursuant to that section, do not make contributions into the
defined benefit retirement program.
   (b) The Legislature hereby authorizes the development of a
retirement program under the Deferred Compensation Plan, the
tax-deferred Savings Plan, or any other acceptable defined
contribution plan.
   (c) The state employees described in subdivision (a) who are
employed in positions that are subject to the federal system, as
defined in Section 20033, shall contribute to the retirement program
5 percent of compensation, as set forth in Part 3 (commencing with
Section 20000), in excess of five hundred thirteen dollars ($513) per
month paid to that member for service rendered. The state employer
shall pick up the contribution, as authorized by Section 414(h) of
the Internal Revenue Code, and shall deduct the contribution from the
employee's compensation. The contributions required by this
subdivision shall cease when the state employee begins making
contributions to the defined benefit retirement program.
   (d) State employees hired on or after July 1, 2006, who are
represented by State Bargaining Unit 2 and are employed in positions
that are subject to the federal system, as defined in Section 20033,
shall contribute to the retirement program 6 percent of compensation,
as set forth in Part 3 (commencing with Section 20000), in excess of
five hundred thirteen dollars ($513) per month paid to that member
for service rendered. The state employer shall pick up the
contribution, as authorized by Section 414 (h) of the Internal
Revenue Code, and shall deduct the contribution from the employee's
compensation. The contributions required by this subdivision shall
cease when the state employee begins making contributions to the
defined benefit retirement program.
   (e) Beginning with the first pay period following the effective
date of this subdivision, all state employees who are subject to this
section shall make contributions required by this section in the
same amount as contributions made by employees in the same employment
classifications and state bargaining units who are members subject
to Part 3 (commencing with Section 20000) of Division 5 of Title 2.
Consistent with the normal rate of contribution for all members
identified in this subdivision, the Director of the Department of
Personnel Administration may exercise his or her discretion to
establish the normal rate of contribution for a related state
employee who is excepted from the definition of "state employee" in
subdivision (c) of Section 3513, and an officer or employee of the
executive branch of state government who is not a member of the civil
service.
   (f) (1) "State employees," as used in this section, include
employees, as defined in Section 19815.
   (2) This section shall not apply to employees of the California
State University, the University of California, or the legislative or
judicial branch.
   (g) If the retirement program authorized by this section is
inconsistent with federal laws or rules or becomes unnecessary under
state or federal law, this section shall become inoperative.




19999.31.  The Department of Personnel Administration shall
administer the retirement program established by this chapter. The
department shall provide the method by which benefit payments shall
be made to eligible recipients. The department shall establish the
program, the transfer of contributions to the Public Employees'
Retirement System upon qualification and election by the member,
continued participation in the program, and other provisions
necessary for the implementation of the retirement program. The
department may assess each state agency a fee for the costs
associated with administration of this program.