2010 California Code
Government Code
Article 1. General Provisions

21250.  A pension, an annuity, special death benefit or retirement
allowance granted by this part 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.



21251.  Notwithstanding Section 20172, the board may establish a
special account and procedure to directly pay estimated benefits on
an emergency basis. Payments under the special account shall be
deducted from benefits otherwise due and payable under this part.
   The board shall furnish each recipient of funds from this account
with notice that the payment is an estimated amount and that any
adjustments necessary due to inaccuracies in estimating shall be
corrected as soon as practicable.



21251.13.  (a) Notwithstanding any other provision of law, Sections
21070.5, 21070.6, 21073.1, 21073.7, 21354.1, 21362.2, 21363.1, and
21369.1 and the amendments to Sections 21070, 21071, 21072, 21073,
21073.5, and 21353.5, enacted during the first year of the 1999-2000
Regular Session:
   (1) Shall not become operative unless the board adopts a
resolution that does both of the following: (A) employs, for the June
30, 1998, valuation, 95 percent of the market value of assets of the
state employer as the actuarial value of the assets; and (B)
amortizes the June 30, 1998, excess assets over a period of 20 years,
beginning July 1, 1999.
   (2) Shall not apply to a state employee, as defined in subdivision
(c) of Section 3513, in a bargaining unit unless and until
incorporated in a memorandum of understanding, pursuant to Section
3517.5, applicable to that bargaining unit.
   (3) Shall not apply to excluded employees, as defined in Section
3527, unless the Department of Personnel Administration has approved
the application of those provisions to those employees.
Notwithstanding any provision of law to the contrary, any approval by
the Department of Personnel Administration for the application of
these provisions to those excluded employees is irrevocable.
   (b) Notwithstanding anything in a memorandum of understanding to
the contrary, (1) the benefits provided under the provisions of those
sections described in subdivision (a), as added or amended during
the first year of the 1999-2000 Regular Session, shall not terminate
upon the expiration or termination of the memorandum of
understanding, and (2) the only conditions to the operation of the
provisions of those sections described in subdivision (a), as added
or amended during the first year of the 1999-2000 Regular Session,
are contained in this section.
   (c) Notwithstanding Section 3517.8 or any provision of a
memorandum of understanding that has been continued in effect on and
after January 15, 2011, pursuant to Section 3517.8 to the contrary,
the retirement formulas in Sections 21354.1, 21363.3, 21363.4,
21363.8, and 21369.1 shall only apply to state employees who were
first employed and subject to those sections before January 15, 2011.
Those sections shall not apply to any state employee member first
employed on and after January 15, 2011.
   (d) Upon request by the state employer or other entity, or on its
own volition, the board may change the amortization period, or take
any other action the board deems necessary or appropriate, to
mitigate the impact of unforeseen factors that may cause an increase
in the employer contribution by the state. Nothing in this section
shall be construed to limit the board's authority under Section 17 of
Article 16 of the California Constitution.



21251.15.  (a) Notwithstanding any other provision of this part,
when a member's account has been divided pursuant to Section 21290,
and the nonmember has not effected a refund of accumulated
contributions pursuant to Section 21292 prior to the member's
effective date of retirement, and the nonmember has sufficient
credited service to retire for service, the retirement allowance
payable to a member who retires on or after January 1, 2004, shall be
equal to the difference between (1) the allowance that would have
been payable to the member had the division of the account not
occurred and (2) the allowance payable to the nonmember on either (A)
the effective date of the nonmember's retirement, or (B) if the
nonmember has not retired on or before the member's effective date of
retirement, the date the nonmember would have attained the age of 50
years, for service subject to Sections 21362.2, 21363.3, 21363.4,
and 21363.8, and the date the nonmember would have attained the age
of 55 years, or the nonmember's actual age if older than the age of
55 years on the effective date of the member's retirement, for all
other service.
   (b) If the nonmember retires prior to the effective date of the
member's retirement, an actuarial adjustment shall also be made to
the member's allowance to account for the benefits received by the
nonmember spouse prior to the member's effective date of retirement.
   (c) In no event may the member's retirement allowance payable
under this section be less than the allowance that would otherwise be
payable under this part.



21252.  (a) A member's written application for retirement, if
submitted to the board within nine months after the date the member
discontinued his or her state service, and, in the case of retirement
for disability, if the member was physically or mentally
incapacitated to perform his or her duties from the date the member
discontinued state service to the time the written application for
retirement was submitted to the board, shall be deemed to have been
submitted on the last day for which salary was payable. The effective
date of a written application for retirement submitted to the board
more than nine months after the member's discontinuance of state
service shall be the first day of the month in which the member's
application is received at an office of the board or by an employee
of this system designated by the board.
   (b) An application for retirement may only be submitted by or for
a member who is living on the date the application is actually
received by the system. If the member has been deemed incompetent to
act on his or her own behalf continuously from the last day for which
salary was payable, the effective date of retirement may not be
earlier than one year prior to the month in which an application
submitted by the guardian of the member's estate is received by the
system.
   (c) Notwithstanding any other provision of law, a member who
separates from a retirement system that has established reciprocity
with this system with the intention of retiring concurrently under
both systems and who submits his or her application for retirement
for service to the board within nine months after that separation,
may have his or her application received and acted upon by this
system as if the application were submitted pursuant to this section.




21254.  The right of a person to a pension, retirement allowance,
return of contributions, the pension, retirement allowance, any
optional benefit, or any other right accrued or accruing to any
person under this part are exempt from taxation, including any
inheritance tax, whether state, county, municipal, or district.




21255.  The right of a person to any benefit or other right under
this part and the money in the retirement fund are not subject to
execution or any 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 part.



21256.  Any allowance may be paid directly to a trust. A trustee of
the trust shall have the right to make tax withholding elections and
to change the address for annuitant payments and correspondence.



21257.  The benefits payable after August 4, 1943 under this system
shall not be modified on account of any amounts paid to a retired
member or beneficiary under Division 4 (commencing with Section 3200)
of the Labor Code.


21258.  For the purposes of determining eligibility for disability
retirement, calculating disability retirement allowances, and
determining and calculating death benefits, any member who, while in
a membership category under which special benefits are provided by
this part because a disability or death is determined industrial, and
thereafter, while in a membership category under which special
benefits are not so payable, is determined to be disabled because of
the industrial injury or disease previously suffered or incurred or
dies as a result thereof, shall be deemed to be, at the time of the
disability retirement or death, in the membership category in which
he or she was at the time he or she suffered the injury or incurred
the disease.
   The member will be eligible to receive the industrial disability
retirement benefit only if he or she was disabled for performance of
his or her duties in the position under the membership category where
industrial disability benefits are payable, from the date of
discontinuance of the state service in which the industrial injury or
disease occurred to the time of application.
   The effective date of retirement for purposes of this section
shall be determined in accordance with Section 21252.



21259.  Subject to compliance with this part, after a member has
qualified as to service and disability for retirement for disability,
or as to age and service for retirement for service, nothing shall
deprive him or her of the right to a retirement allowance as
determined under this part.



21260.  In lieu of receiving a monthly allowance that is less than
ten dollars ($10) per month, the beneficiary or survivor entitled to
the allowance may elect to receive the actuarial equivalent of the
monthly allowance in one payment. Payment of the actuarial equivalent
amount pursuant to that election discharges this system from all
further liability for the allowance otherwise payable. The
beneficiary or survivor may make the election provided by this
section within 90 days from the date this system notifies him or her
of the right to make the election.



21261.  The sole purpose of this section is to notify the current
spouse of the selection of benefits or change of beneficiary made by
a member. This section is not intended to conflict with community
property law. An application for a refund of the member's accumulated
contributions, an election of optional settlement, a designation of
beneficiary, or a change in beneficiary designation shall contain the
signature of the current spouse of the member, unless the member
declares, in writing under penalty of perjury, any of the following:
   (a) The member is not married.
   (b) The current spouse has no identifiable community property
interest in the benefit.
   (c) The member does not know, and has taken all reasonable steps
to determine, the whereabouts of the current spouse.
   (d) The current spouse has been advised of the application and has
refused to sign the written acknowledgment.
   (e) The current spouse is incapable of executing the
acknowledgment because of an incapacitating mental or physical
condition.
   (f) The member and the current spouse have executed a marriage
settlement agreement pursuant to Part 5 (commencing with Section
1500) of Division 4 of the Family Code that makes the community
property law inapplicable to the marriage.



21263.  Notwithstanding the provisions of Sections 751 and 1100 of
the Family Code, whenever payment or refund is made by this system to
a member, former member, beneficiary of a member or estate of a
member pursuant to any provision of this part, or to the State
Department of Social Services under the provisions of the Welfare and
Institutions Code, the payment shall fully discharge this system
from all adverse claims thereto unless, before the payment or refund
is made, this system has received at its office in Sacramento written
notice by or on behalf of some other person that the person claims
to be entitled to the payment or refund.



21264.  Retired members of this system, and beneficiaries who are
entitled to receive allowances or benefits under this part, may
authorize deductions to be made from their retirement allowance
payments or from the allowances and benefits, respectively, or from
either or both if both are being received, in accordance with
regulations or procedures established by the board for the payment of
group insurance premiums and other premiums for benefits or
protection provided for under Section 1151, including
employer-sponsored voluntary insurance programs, for credit union
payments or shares, or for the payment, with respect to any retired
member of this system, of dues or for any other services pursuant to
Article 6 (commencing with Section 1150) of Chapter 1 of Division 4
of Title 4. The board shall determine the additional cost involved in
making deductions under this section and the state agency, the
public agency, the association, or the unit thereof, or the credit
union shall pay the amount of the additional cost to the board for
deposit in the retirement fund.



21265.  Retired members of this system, and beneficiaries who are
entitled to receive allowances or benefits under this part, may
authorize deductions to be made from their retirement allowance
payments or from the allowances and benefits, respectively, or from
either or both when both are being received in accordance with
regulations established by the board for the payment of charitable
contributions under any plan approved by the board. In lieu of
approving individual plans, the board, at its discretion, may adopt
by reference those plans approved by the California Victim
Compensation and Government Claims Board under Section 13923. The
board shall determine the additional cost involved in making
deductions under this section, and the agency to receive the
contributions shall pay the amount of the additional cost to the
board for deposit in the retirement fund.


21266.  Upon receipt of proof, satisfactory to the board, that a
warrant drawn in payment of a retirement allowance or in payment of
any other account due from the retirement system has been lost, the
Controller upon the request of the board shall issue a duplicate
warrant in payment of the same amount, without requiring a bond from
the payee, and any loss incurred in connection therewith shall be
charged against the account from which the payment was derived.



21267.  (a) Notwithstanding any other provision of law, any person
entitled to the receipt of benefits from any state retirement system
may authorize the payment of the benefits to be directly deposited by
electronic fund transfer into the person's account at the financial
institution of his or her choice under a program for direct deposit
by electronic transfer established pursuant to Section 21268. The
direct deposit shall discharge the state agency's obligation with
respect to that payment.
   (b) Any payments directly deposited by electronic fund transfer
following the date of death of a person who was entitled to the
receipt of the benefits from a state retirement system shall be
refunded to the retirement system.



21268.  The Controller may make an agreement with one or more
financial institutions participating in the Automated Clearing House
pursuant to the local rules, and may establish a program, for the
direct deposit by electronic fund transfer of the benefits, after any
withholding required by law and authorized deductions, of any person
entitled to the receipt of benefits from any state retirement system
who authorizes the direct deposit thereof by electronic fund
transfer into the person's account at the financial institution of
his or her choice.
   If the Controller does not make an agreement establishing a
program for direct deposit by electronic fund transfer of the
retirement benefits, the administrative body of any state retirement
system may make such an agreement.



21269.  (a) Any person entitled to a benefit from this system may
request that payment be made by deposit by electronic fund transfer
in the person's bank, savings and loan association, or credit union
account.
   (b) If deposit pursuant to subdivision (a) is not available,
deposit may be made by mail in the person's bank, savings and loan
association or credit union account.
   (c) Mailing of the warrant or electronic fund transfer is a full
discharge of the board and this system.
   (d) (1) The board shall not send a copy of the benefit payment
information to any person who has had payment made by electronic fund
transfer or by mail pursuant to subdivision (a) or (b), if the board
has received a written request from that person that it not be sent.
   (2) The board shall notify persons subject to this section, in the
monthly benefit payment notice, of their right to request that no
copy of the benefit payment information be mailed, pursuant to
paragraph (1).