2010 California Code
Government Code
Article 4. Retirement For Service

21350.  Upon retirement for service, a member is entitled to receive
a service retirement allowance which shall consist of:
   (a) The member's service retirement annuity, including, with
respect to patrol members and solely in respect to the portion of the
annuity derived from the normal accumulated contributions of those
members, respectively, automatic continuance to surviving spouse, or
if there is no spouse at retirement, to surviving children, or if
there are no eligible surviving children at retirement, to surviving
dependent parents as provided in this article.
   (b) The member's current service pension.
   (c) The member's prior service pension.



21351.  The actual amount of annuity receivable by a member upon
retirement shall be the actuarial equivalent of his or her
accumulated contributions.


21352.  The service retirement annuity is the sum of the annuities
which are the actuarial equivalents of the normal and additional
accumulated contributions of a member at the time of his or her
retirement.


21353.  (a) The combined current and prior service pensions for a
local miscellaneous member, a school member, a state miscellaneous or
state industrial member, or a university member 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-fiftieth 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 number of years of current and prior service except service in
a category of membership other than that of state or state
industrial member, local miscellaneous member, school member, or a
university member, or service covered under this First Tier
retirement formula, with which the member is entitled to be credited
at retirement:

  Age of
  Retirement                            Fraction
  50 ...............................      .546
  50 1/4 ...........................      .554
  50 1/2 ...........................      .562
  50 3/4 ...........................      .570
  51 ...............................      .578
  51 1/4 ...........................      .586
  51 1/2 ...........................      .595
  51 3/4 ...........................      .603
  52 ...............................      .612
  52 1/4 ...........................      .621
  52 1/2 ...........................      .630
  52 3/4 ...........................      .639
  53 ...............................      .648
  53 1/4 ...........................      .658
  53 1/2 ...........................      .668
  53 3/4 ...........................      .678
  54 ...............................      .688
  54 1/4 ...........................      .698
  54 1/2 ...........................      .709
  54 3/4 ...........................      .719
  55 ...............................      .730
  55 1/4 ...........................      .741
  55 1/2 ...........................      .753
  55 3/4 ...........................      .764
  56 ...............................      .776
  56 1/4 ...........................      .788
  56 1/2 ...........................      .800
  56 3/4 ...........................      .813
  57 ...............................      .825
  57 1/4 ...........................      .839
  57 1/2 ...........................      .852
  57 3/4 ...........................      .865
  58 ...............................      .879
  58 1/4 ...........................      .893
  58 1/2 ...........................      .908
  58 3/4 ...........................      .923
  59 ...............................      .937
  59 1/4 ...........................      .953
  59 1/2 ...........................      .969
  59 3/4 ...........................      .985
  60 ...............................      1.000
  60 1/4 ...........................      1.017
  60 1/2 ...........................      1.034
  60 3/4 ...........................      1.050
  61 ...............................      1.067
  61 1/4 ...........................      1.084
  61 1/2 ...........................      1.101
  61 3/4 ...........................      1.119
  62 ...............................      1.136
  62 1/4 ...........................      1.154
  62 1/2 ...........................      1.173
  62 3/4 ...........................      1.191
  63 and over ......................      1.209

   (b) The fractions specified in the above table shall be reduced by
one-third as applied to that part of final compensation that does
not exceed four hundred dollars ($400) per month for all service of a
member any of whose service has been included in the federal system.
This reduction shall not apply to a member employed by a contracting
agency that enters into a contract after July 1, 1971, and elects
not to be subject to this paragraph or with respect to service
rendered after the termination of coverage under the federal system
with respect to the coverage group to which the member belongs.
   (c) The improved retirement allowance provided by this section is
granted subject to future reduction prior to a member's retirement,
by offset of federal system benefits or otherwise, as the Legislature
may from time to time deem appropriate because of changes in the
federal system benefits.
   (d) With the exception of state miscellaneous members for service
rendered for the California State University or the legislative or
judicial branch of government, this section shall apply to state
miscellaneous and state industrial members who are not employed by
the state on or after January 1, 2000.
   (e) (1) This section shall apply to a state miscellaneous or
industrial member who is employed by the state for the first time and
becomes a state miscellaneous or industrial member of the system on
or after the first day of the pay period following the effective date
of the act adding this subdivision, and is represented by State
Bargaining Unit 12, 16, 18, or 19. With respect to related state
miscellaneous or industrial members in managerial, supervisory, or
confidential positions and officers or employees of the executive
branch of state government who are not members of the civil service,
the Director of the Department of Personnel Administration may
exercise his or her discretion whether to approve their status in
writing to the board.
   (2) This subdivision does not apply to:
   (A) Former state employees previously employed before the first
day of the pay period following the effective date of this
subdivision, who return to state employment on or after the first day
of the pay period following the effective date of this subdivision.
   (B) State employees hired prior to the first day of the pay period
following the effective date of this subdivision, who were subject
to Section 20281.5 during the first 24 months of state employment.
   (C) State employees hired prior to the first day of the pay period
following the effective date of this subdivision, who become subject
to representation by State Bargaining Unit 12, 16, 18, or 19 on or
after the first day of the pay period following the effective date of
the act adding this subdivision.
   (D) State employees on an approved leave of absence employed
before the first day of the pay period following the effective date
of this subdivision, who return to active employment on or after the
first day of the pay period following the effective date of the act
adding this subdivision.
   (f) (1) This section shall apply to a state miscellaneous or
industrial member who is employed by the state for the first time and
becomes a state miscellaneous or industrial member of the system on
or after October 31, 2010, and is represented by State Bargaining
Unit 5 or 8. With respect to related state miscellaneous or
industrial members in managerial, supervisory, or confidential
positions and officers or employees of the executive branch of state
government who are not members of the civil service, the Director of
the Department of Personnel Administration may exercise his or her
discretion whether to approve their status in writing to the board.
   (2) This subdivision does not apply to:
   (A) Former state employees previously employed before October 31,
2010, who return to state employment on or after October 31, 2010.
   (B) State employees hired prior to October 31, 2010, who were
subject to Section 20281.5 during the first 24 months of state
employment.
   (C) State employees hired prior to October 31, 2010, who become
subject to representation by State Bargaining Unit 5 or 8 on or after
October 31, 2010.
   (D) State employees on an approved leave of absence employed
before October 1, 2010, who return to active employment on or after
October 31, 2010.
   (g) (1) Notwithstanding Section 3517.8 or any provision of an
expired memorandum of understanding, this section shall also apply to
a state miscellaneous or industrial member who is employed by the
state, the Legislature, the judicial branch, or the California State
University for the first time and becomes a member of the system on
or after January 15, 2011.
   (2) If this subdivision is in conflict with a memorandum of
understanding that is current and in effect on January 15, 2011, the
memorandum of understanding shall be controlling while it remains in
effect. Upon expiration of the memorandum of understanding that is in
effect and current on January 15, 2011, this section shall be
controlling and may not be superseded by a subsequent memorandum of
understanding.
   (3) This subdivision does not apply to:
   (A) Former state, legislative, judicial branch, or university
employees previously employed before January 15, 2011, who return to
employment on or after January 15, 2011, and who were not previously
subject to this section.
   (B) State employees hired prior to January 15, 2011, who were
subject to Section 20281.5 during the first 24 months of state
employment, and who were not previously subject to this section.
   (C) State, legislative, judicial branch, or university employees
on an approved leave of absence employed before January 15, 2011, who
return to active employment on or after January 15, 2011, and who
were not previously subject to this section.



21353.5.  The combined current and prior service pensions for a
state miscellaneous or industrial member who has elected to be
subject to the service retirement formula prescribed in this section,
as provided by Sections 21071 and 21073.5, 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-fiftieth 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 number of years of current and prior service, except service
in a category of membership other than that credited under this
section, with which the member is entitled to be credited at
retirement:

  Age of
  Retirement                             Fraction
  50 ................................      .546
  50 1/4.............................      .554
  50 1/2.............................      .562
  50 3/4.............................      .570
  51 ................................      .578
  51 1/4.............................      .586
  51 1/2.............................      .595
  51 3/4.............................      .603
  52 ................................      .612
  52 1/4.............................      .621
  52 1/2.............................      .630
  52 3/4.............................      .639
  53 ................................      .648
  53 1/4.............................      .658
  53 1/2.............................      .668
  53 3/4.............................      .678
  54 ................................      .688
  54 1/4.............................      .698
  54 1/2.............................      .709
  54 3/4.............................      .719
  55 ................................      .730
  55 1/4.............................      .741
  55 1/2.............................      .753
  55 3/4.............................      .764
  56 ................................      .776
  56 1/4.............................      .788
  56 1/2.............................      .800
  56 3/4.............................      .813
  57 ................................      .825
  57 1/4.............................      .839
  57 1/2.............................      .852
  57 3/4.............................      .865
  58 ................................      .879
  58 1/4.............................      .893
  58 1/2.............................      .908
  58 3/4.............................      .923
  59 ................................      .937
  59 1/4.............................      .953
  59 1/2.............................      .969
  59 3/4.............................      .985
  60 and over........................      1.000

   The fractions specified in the above table shall be reduced by
one-third as applied to that part of final compensation which does
not exceed four hundred dollars ($400) per month for all service of a
member any of whose service has been included in the federal system.
   The retirement allowance provided by this section, which shall be
effective for members who retire on and after April 1, 1998, is
granted subject to future reduction prior to a member's retirement,
by offset of federal system benefits or otherwise, as the Legislature
may from time to time deem appropriate because of changes in such
federal system benefits.


21353.5.  The combined current and prior service pensions for a
state miscellaneous or industrial member who has elected to be
subject to the service retirement formula prescribed in this section,
as provided by Sections 21071 and 21073.5, 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-fiftieth 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 number of years of current and prior service, except service
in a category of membership other than that credited under this
section, with which the member is entitled to be credited at
retirement:

  Age of
  Retirement                             Fraction
  50 ................................      .546
  50 1/4.............................      .554
  50 1/2.............................      .562
  50 3/4.............................      .570
  51 ................................      .578
  51 1/4.............................      .586
  51 1/2.............................      .595
  51 3/4.............................      .603
  52 ................................      .612
  52 1/4.............................      .621
  52 1/2.............................      .630
  52 3/4.............................      .639
  53 ................................      .648
  53 1/4.............................      .658
  53 1/2.............................      .668
  53 3/4.............................      .678
  54 ................................      .688
  54 1/4.............................      .698
  54 1/2.............................      .709
  54 3/4.............................      .719
  55 ................................      .730
  55 1/4.............................      .741
  55 1/2.............................      .753
  55 3/4.............................      .764
  56 ................................      .776
  56 1/4.............................      .788
  56 1/2.............................      .800
  56 3/4.............................      .813
  57 ................................      .825
  57 1/4.............................      .839
  57 1/2.............................      .852
  57 3/4.............................      .865
  58 ................................      .879
  58 1/4.............................      .893
  58 1/2.............................      .908
  58 3/4.............................      .923
  59 ................................      .937
  59 1/4.............................      .953
  59 1/2.............................      .969
  59 3/4.............................      .985
  60 and over........................      1.000

   The fractions specified in the above table shall be reduced by
one-third as applied to that part of final compensation which does
not exceed four hundred dollars ($400) per month for all service of a
member any of whose service has been included in the federal system.
   The retirement allowance provided by this section, which shall be
effective for members who retire on and after April 1, 1998, is
granted subject to future reduction prior to a member's retirement,
by offset of federal system benefits or otherwise, as the Legislature
may from time to time deem appropriate because of changes in such
federal system benefits.


21353.5.  (a) The combined current and prior service pensions for a
state miscellaneous or state industrial member who has elected to be
subject to the service retirement formula prescribed in this section,
as provided by Sections 21071 and 21073.5, 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-fiftieth 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 number of years of current and prior service, except service
in a category of membership other than that credited under this
section, with which the member is entitled to be credited at
retirement:

  Age of
  Retirement                             Fraction
  50 ................................      .546
  50 1/4.............................      .554
  50 1/2.............................      .562
  50 3/4.............................      .570
  51 ................................      .578
  51 1/4.............................      .586
  51 1/2.............................      .595
  51 3/4.............................      .603
  52 ................................      .612
  52 1/4.............................      .621
  52 1/2.............................      .630
  52 3/4.............................      .639
  53 ................................      .648
  53 1/4.............................      .658
  53 1/2.............................      .668
  53 3/4.............................      .678
  54 ................................      .688
  54 1/4.............................      .698
  54 1/2.............................      .709
  54 3/4.............................      .719
  55 ................................      .730
  55 1/4.............................      .741
  55 1/2.............................      .753
  55 3/4.............................      .764
  56 ................................      .776
  56 1/4.............................      .788
  56 1/2.............................      .800
  56 3/4.............................      .813
  57 ................................      .825
  57 1/4.............................      .839
  57 1/2.............................      .852
  57 3/4.............................      .865
  58 ................................      .879
  58 1/4.............................      .893
  58 1/2.............................      .908
  58 3/4.............................      .923
  59 ................................      .937
  59 1/4.............................      .953
  59 1/2.............................      .969
  59 3/4.............................      .985
  60 and over........................      1.000

   (b) The fractions specified in the above table shall be reduced by
one-third as applied to that part of final compensation that does
not exceed four hundred dollars ($400) per month for all service of a
member any of whose service has been included in the federal system.
   (c) The retirement allowance provided by this section, which shall
be effective for members who retire on and after April 1, 1998, is
granted subject to future reduction prior to a member's retirement,
by offset of federal system benefits or otherwise, as the Legislature
may from time to time deem appropriate because of changes in the
federal system benefits.
   (d) This section shall become inoperative on January 1, 2000.
   (e) The amendments to this section enacted during the first year
of the 1999-2000 Regular Session are subject to the limitations set
forth in Section 21251.13.


21354.  The combined current and prior service pensions for a local
miscellaneous member is a pension derived from the contribution 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-fiftieth 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 number of
years of current and prior service except service in a category of
membership other than that of local miscellaneous member with which
the member is entitled to be credited at retirement:

  Age of Retirement                     Fraction
  50................................      0.713
  50 1/4............................      0.725
  50 1/2............................      0.737
  50 3/4............................      0.749
  51................................      0.761
  51 1/4............................      0.775
  51 1/2............................      0.788
  51 3/4............................      0.801
  52................................      0.814
  52 1/4............................      0.828
  52 1/2............................      0.843
  52 3/4............................      0.857
  53................................      0.871
  53 1/4............................      0.886
  53 1/2............................      0.902
  53 3/4............................      0.917
  54................................      0.933
  54 1/4............................      0.950
  54 1/2............................      0.966
  54 3/4............................      0.983
  55................................      1.000
  55 1/4............................      1.007
  55 1/2............................      1.013
  55 3/4............................      1.020
  56................................      1.026
  56 1/4............................      1.033
  56 1/2............................      1.039
  56 3/4............................      1.046
  57................................      1.052
  57 1/4............................      1.059
  57 1/2............................      1.065
  57 3/4............................      1.072
  58................................      1.078
  58 1/4............................      1.085
  58 1/2............................      1.091
  58 3/4............................      1.098
  59................................      1.105
  59 1/4............................      1.111
  59 1/2............................      1.118
  59 3/4............................      1.124
  60................................      1.131
  60 1/4............................      1.137
  60 1/2............................      1.144
  60 3/4............................      1.150
  61................................      1.157
  61 1/4............................      1.163
  61 1/2............................      1.170
  61 3/4............................      1.176
  62................................      1.183
  62 1/4............................      1.189
  62 1/2............................      1.196
  62 3/4............................      1.202
  63................................      1.209

   The fraction specified in the above table shall be reduced by
one-third as applied to that part of final compensation that does not
exceed four hundred dollars ($400) per month for all services of a
member any of whose service has been included in the federal system.
This reduction shall not apply to a member employed by a contracting
agency that enters into a contract after July 1, 1971, and who elects
not to be subject to this paragraph or with respect to service
rendered after the termination of coverage under the federal system
with respect to the coverage group to which the member belongs.
   This section shall supersede Section 21353 with respect to all
local miscellaneous members who retire after the date this section
becomes applicable to their respective employers.
   This section shall not apply to a contracting agency nor its
employees until the contracting agency elects to make all local
miscellaneous members 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 section 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 section.




21354.1.  (a) The combined current and prior service pensions for
school members, state miscellaneous or state industrial members, or
university members who are subject to the provisions of this section
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-fiftieth 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 number of years of current and
prior service, except service in a category of membership other than
that of a school member, state miscellaneous or state industrial
member, or university member or service covered under this retirement
formula with which the member is entitled to be credited at
retirement:

  Age at
  retirement                             Fraction
  50 ...............................      0.550
  50 1/4 ...........................      0.573
  50 1/2 ...........................      0.595
  50 3/4 ...........................      0.618
  51 ...............................      0.640
  51 1/4 ...........................      0.663
  51 1/2 ...........................      0.685
  51 3/4 ...........................      0.708
  52 ...............................      0.730
  52 1/4 ...........................      0.753
  52 1/2 ...........................      0.775
  52 3/4 ...........................      0.798
  53 ...............................      0.820
  53 1/4 ...........................      0.843
  53 1/2 ...........................      0.865
  53 3/4 ...........................      0.888
  54 ...............................      0.910
  54 1/4 ...........................      0.933
  54 1/2 ...........................      0.955
  54 3/4 ...........................      0.978
  55 ...............................      1.000
  55 1/4 ...........................      1.008
  55 1/2 ...........................      1.016
  55 3/4 ...........................      1.024
  56 ...............................      1.032
  56 1/4 ...........................      1.040
  56 1/2 ...........................      1.048
  56 3/4 ...........................      1.055
  57 ...............................      1.063
  57 1/4 ...........................      1.071
  57 1/2 ...........................      1.079
  57 3/4 ...........................      1.086
  58 ...............................      1.094
  58 1/4 ...........................      1.102
  58 1/2 ...........................      1.110
  58 3/4 ...........................      1.118
  59 ...............................      1.125
  59 1/4 ...........................      1.134
  59 1/2 ...........................      1.141
  59 3/4 ...........................      1.149
  60 ...............................      1.157
  60 1/4 ...........................      1.165
  60 1/2 ...........................      1.173
  60 3/4 ...........................      1.180
  61 ...............................      1.188
  61 1/4 ...........................      1.196
  61 1/2 ...........................      1.203
  61 3/4 ...........................      1.211
  62 ...............................      1.219
  62 1/4 ...........................      1.227
  62 1/2 ...........................      1.235
  62 3/4 ...........................      1.243
  63 and over ......................      1.250

   (b) The fraction specified in the above table shall be reduced by
one-third as applied to that part of final compensation that does not
exceed four hundred dollars ($400) per month for all service of a
member any of whose service has been included in the federal system.
This subdivision shall not apply to school members whose service is
included in the federal system with respect to service performed on
or after January 1, 2001.
   (c) This section shall supersede Section 21353 for all school
members, all university members, and all state miscellaneous members,
with respect to service rendered for the California State University
or the legislative or judicial branch of government, who retire on
or after January 1, 2000.
   (d) This section shall also supersede Section 21353 for state
miscellaneous or state industrial members, for service not subject to
subdivision (c), who are employed by the state on or after January
1, 2000, and who do not elect under Section 21070.5 to be subject to
Second Tier benefits.
   (e) Operation and application of this section are subject to the
limitations set forth in Section 21251.13.
   (f) Notwithstanding any other provision of this section, this
section shall not apply to a state miscellaneous or industrial member
who is employed by the state for the first time and becomes a state
miscellaneous or industrial member of the system on or after the
first day of the pay period following the effective date of the act
adding this subdivision, and is represented by State Bargaining Unit
12, 16, 18, or 19. With respect to related state miscellaneous or
industrial members in managerial, supervisory, or confidential
positions and officers or employees of the executive branch of state
government who are not members of the civil service, the Director of
the Department of Personnel Administration may exercise his or her
discretion whether to approve their status in writing to the board.
   (g) Notwithstanding any other provision of this section, this
section shall not apply to a state miscellaneous or industrial member
who is employed by the state for the first time and becomes a state
miscellaneous or industrial member of the system on or after October
31, 2010, and is represented by State Bargaining Unit 5 or 8. With
respect to related state miscellaneous or industrial members in
managerial, supervisory, or confidential positions and officers or
employees of the executive branch of state government who are not
members of the civil service, the Director of the Department of
Personnel Administration may exercise his or her discretion whether
to approve their status in writing to the board.
   (h) (1) Notwithstanding Section 3517.8 or any provision of an
expired memorandum of understanding, or any other provision of this
section, this section shall not apply to a state miscellaneous or
industrial member who is employed by the state, the Legislature, the
judicial branch, or the California State University for the first
time and becomes a member of the system on or after January 15, 2011.
   (2) If this subdivision is in conflict with a memorandum of
understanding that is current and in effect on January 15, 2011, the
memorandum of understanding shall be controlling while it remains in
effect. Upon expiration of the memorandum of understanding that is in
effect and current on January 15, 2011, this section shall be
controlling and may not be superseded by a subsequent memorandum of
understanding.



21354.3.  (a) The combined current and prior service pensions for a
local miscellaneous member 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-fiftieth 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
number of years of current and prior service except service in a
category of membership other than that of local miscellaneous member
with which the member is entitled to be credited at retirement:

  Age at
  Retirement                          Fraction
  50 ............................      1.0000
  50 1/4.........................      1.0125
  50 1/2.........................      1.0250
  50 3/4.........................      1.0375
  51 ............................      1.0500
  51 1/4.........................      1.0625
  51 1/2.........................      1.0750
  51 3/4.........................      1.0875
  52 ............................      1.1000
  52 1/4.........................      1.1125
  52 1/2.........................      1.1250
  52 3/4.........................      1.1375
  53 ............................      1.1500
  53 1/4.........................      1.1625
  53 1/2.........................      1.1750
  53 3/4.........................      1.1875
  54 ............................      1.2000
  54 1/4.........................      1.2125
  54 1/2.........................      1.2250
  54 3/4.........................      1.2375
  55.............................      1.2500
  55 1/4.........................      1.2625
  55 1/2.........................      1.2750
  55 3/4.........................      1.2875
  56.............................      1.3000
  56 1/4.........................      1.3125
  56 1/2.........................      1.3250
  56 3/4.........................      1.3375
  57.............................      1.3500
  57 1/4.........................      1.3625
  57 1/2.........................      1.3750
  57 3/4.........................      1.3875
  58.............................      1.4000
  58 1/4.........................      1.4125
  58 1/2.........................      1.4250
  58 3/4.........................      1.4375
  59.............................      1.4500
  59 1/4.........................      1.4625
  59 1/2.........................      1.4750
  59 3/4.........................      1.4875
  60 and over....................      1.5000

   (b) The fraction specified in the above table shall be reduced by
one-third as applied to that part of final compensation that does not
exceed four hundred dollars ($400) per month for all services of a
member any of whose service has been included in the federal system.
This reduction shall not apply to a member employed by a contracting
agency that enters into a contract after July 1, 1971, and who elects
not to be subject to this subdivision or with respect to service
rendered after the termination of coverage under the federal system
with respect to the coverage group to which the member belongs.
   (c) This section shall supersede Sections 21353, 21354, 21354.1,
21354.4, and 21354.5 with respect to a local miscellaneous member who
is employed by a contracting agency on or after the date this
section becomes applicable to the contracting agency.
   (d) This section shall not apply to a contracting agency nor its
employees until the contracting agency elects to make all local
miscellaneous members 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 section 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 section.
   (e) (1) Notwithstanding subdivision (d) and for purposes of this
subdivision, "Riverside County contracting agency" means any of the
following:
   (A) County of Riverside.
   (B) County of Riverside Regional Park and Open-Space District.
   (C) County of Riverside Waste Resources Management District.
   (D) County of Riverside Flood Control and Water Conservation
District.
   (2) This section shall apply to a former employee of a Riverside
County contracting agency if that former employee is currently
employed by another Riverside County contracting agency. This section
shall not apply to a Riverside County contracting agency nor the
current or former employees of that Riverside County contracting
agency until the Riverside County contracting agency elects to make
all local miscellaneous members subject to this section by amendment
to the contract of that Riverside County contracting agency, made in
the manner prescribed for approval of contracts, or in the case of a
new contract, by express provision of the contract. The provisions of
this section shall apply with respect to a local miscellaneous
member on the effective date of the amendment to the Riverside County
contracting agency's contract electing to be subject to this
section.


21354.4.  (a) The combined current and prior service pensions for a
local miscellaneous member 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-fiftieth 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
number of years of current and prior service except service in a
category of membership other than that of local miscellaneous member
with which the member is entitled to be credited at retirement:

  Age at
  Retirement                          Fraction
  50 ............................      1.0000
  50 1/4.........................      1.0125
  50 1/2.........................      1.0250
  50 3/4.........................      1.0375
  51 ............................      1.0500
  51 1/4.........................      1.0625
  51 1/2.........................      1.0750
  51 3/4.........................      1.0875
  52 ............................      1.1000
  52 1/4.........................      1.1125
  52 1/2.........................      1.1250
  52 3/4.........................      1.1375
  53 ............................      1.1500
  53 1/4.........................      1.1625
  53 1/2.........................      1.1750
  53 3/4.........................      1.1875
  54 ............................      1.2000
  54 1/4.........................      1.2125
  54 1/2.........................      1.2250
  54 3/4.........................      1.2375
  55 and over....................      1.2500

   (b) The fraction specified in the above table shall be reduced by
one-third as applied to that part of final compensation that does not
exceed four hundred dollars ($400) per month for all service of a
member any of whose service has been included in the federal system.
This reduction shall not apply to a member employed by a contracting
agency that enters into a contract after July 1, 1971, and who elects
not to be subject to this subdivision or with respect to service
rendered after the termination of coverage under the federal system
with respect to the coverage group to which the member belongs.
   (c) This section shall supersede Sections 21353, 21354, and
21354.1, with respect to a local miscellaneous member who is employed
by a contracting agency on or after the date this section becomes
applicable to the contracting agency.
   (d) This section shall not apply to a contracting agency nor its
employees until the contracting agency elects to make all local
miscellaneous members 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 section 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 section.



21354.5.  (a) The combined current and prior service pensions for a
local miscellaneous member 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-fiftieth 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
number of years of current and prior service, except service in a
category of membership other than that of a local miscellaneous
member, with which the member is entitled to be credited at
retirement:

  Age at
  Retirement                             Fraction
  50 ...............................      1.0000
  50 1/4............................      1.0175
  50 1/2............................      1.0350
  50 3/4............................      1.0525
  51 ...............................      1.0700
  51 1/4............................      1.0875
  51 1/2............................      1.1050
  51 3/4............................      1.1225
  52 ...............................      1.1400
  52 1/4............................      1.1575
  52 1/2............................      1.1750
  52 3/4............................      1.1925
  53 ...............................      1.2100
  53 1/4............................      1.2275
  53 1/2............................      1.2450
  53 3/4............................      1.2625
  54 ...............................      1.2800
  54 1/4............................      1.2975
  54 1/2............................      1.3150
  54 3/4............................      1.3325
  55 and over.......................      1.3500

   (b) The fractions specified in the above table shall be reduced by
one-third as applied to that part of final compensation that does
not exceed four hundred dollars ($400) per month for all service of a
member any of whose service has been included in the federal system.
This reduction shall not apply to a member employed by a contracting
agency that enters into a contract after July 1, 1971, and elects
not to be subject to this subdivision or with respect to service
rendered after the termination of coverage under the federal system
with respect to the coverage group to which the member belongs.
   (c) This section shall supersede Sections 21353, 21354, 21354.1,
and 21354.4 with respect to a local miscellaneous member who is
employed by a contracting agency on or after the date this section
becomes applicable to the contracting agency.
   (d) This section shall not apply to a contracting agency nor its
employees until the contracting agency elects to make all local
miscellaneous members 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 section 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 section.



21355.  Notwithstanding Sections 21353, 21354, and 21354.1, if the
modification to the federal-state agreement occurred on or after July
1, 1971, whenever the fraction of final compensation is reduced
pursuant to Section 21353, 21354, or 21354.1 because service of a
member has been included in the federal system, the reduction shall
apply only as to service after the effective date of the member's
coverage under the federal system. This section shall apply to those
members whose effective date of retirement is on or after July 1,
1971.


21356.  (a) A member who elects, pursuant to Article 1.7 (commencing
with Section 19996.30) of Chapter 7 of Part 2.6 or pursuant to
Sections 21110 through 21115, to participate in partial service
retirement, while so participating, shall receive a reduced service
retirement allowance. The reduced service retirement allowance shall
be the amount of the service retirement allowance to which the
employee would otherwise have been entitled had he or she fully
retired on the effective date of the partial service retirement,
reduced by the percentage of the employee's full-time work which the
employee has elected to work while on partial service retirement.
   (b) Article 6 (commencing with Section 21450) shall not apply to
an employee who is participating in reduced worktime for partial
service retirement.
   (c) For a member who elects pursuant to Article 1.7 (commencing
with Section 19996.30) of Chapter 7 of Part 2.6 or pursuant to
Sections 21110 through 21115 to become fully retired, the current
service pension, or current and prior service pensions, as the case
may be, upon his or her full service retirement shall be (1) the sum
of a current service pension calculated on the basis of service
rendered during participation in reduced worktime in accordance with
the formula applicable to his or her current service pension, plus
his or her current service pension, or current and prior service
pensions, as the case may be, as it was prior to his or her full
service retirement, provided that full service retirement occurs
before he or she renders, while participating in reduced worktime for
partial service retirement, one year of state service credited under
this system; or (2) if he or she has rendered one year or more of
state service while participating in reduced worktime for partial
service retirement, a current service pension, or current and prior
service pensions, as the case may be, based on the total years of
service with which the member is entitled to be credited, calculated
on the basis of the formula currently applicable to the employment in
which the service was rendered. A member shall receive service
credit for service during participation in reduced worktime for
partial retirement and service credited at the time of the election
to participate in reduced worktime for partial retirement.




21357.  (a) For a member reinstated from service retirement or
partial service retirement, the current service pension, or current
and prior service pensions, as the case may be, upon his or her
service retirement subsequent to the reinstatement, shall be the sum
of (1) a current service pension calculated on the basis of service
rendered after reinstatement in accordance with the formula
applicable to him or her in that service and membership, plus, (2) if
the subsequent retirement occurs before he or she renders, after his
or her reinstatement, at least one year of state service credited
under this system, or if the subsequent service or disability
retirement occurs after his or her reinstatement from service or
disability retirement pursuant to an election under Section 21465,
his or her current service pension, or current and prior service
pensions, as the case may be, as it was prior to his or her
reinstatement, adjusted for any service on which the pension was
based that was included in coverage of the federal system during
reinstatement according to the formula applicable to the service in
employment for which he or she was retired, and further adjusted
according to any change after reinstatement in the provisions
governing the calculation of his or her pension that would have
applied to him or her had he or she continued in retirement but been
subject to the formula applied in the first adjustment; or, for state
miscellaneous and state industrial service subject to Section 21076,
in lieu of (2), plus (3) a current service pension, or current and
prior service pensions, as the case may be, as it would have been
prior to his or her reinstatement under the formula applicable to
Section 21076, adjusted for any service on which the pension was
based that was included in coverage of the federal system during
reinstatement according to the formula applicable to the service in
employment for which he or she was retired, and further adjusted
according to any change after reinstatement in the provisions
governing the calculations of his or her pension that would have
applied to him or her had he or she continued in retirement and been
subject to the formula applicable to Section 21076, or if he or she
has rendered one year or more of state service after reinstatement,
in lieu of (2) or (3), plus (4), a current service pension based on
current service rendered prior to reinstatement, calculated on the
basis of the formula currently applicable to the employment in which
the service was rendered but on the basis of an age taken to the
preceding completed quarter year but not less than the minimum
retirement age applicable to him or her at his or her last retirement
and determined by deducting from his or her age at his or her
subsequent retirement, the aggregate time during which he or she was
under retirement. For a member reinstated from nonindustrial
disability retirement, the current service pension upon his or her
service retirement after attaining an age one year less than the
minimum age at which he or she could have retired without an
actuarial discount because of age in the employment from which he or
she was last retired, or upon his or her disability retirement after
attaining the minimum age, and subsequent to reinstatement, shall be
calculated in the manners described in the preceding sentence, but
the age determined upon subsequent retirement after rendering at
least one year of state service credited under this system shall not
be taken at less than one year less than the minimum age if the
subsequent retirement is for service, or the minimum age if the
retirement is for disability.
   (b) The current service pension otherwise payable under this
section to a member whose allowance prior to reinstatement was paid
pursuant to his or her election under Section 21461 shall be reduced
by the actuarial equivalent, on the date of retirement subsequent to
reinstatement, of the amount (converted as below), if any, by which:
   (1) The total amount paid in the period during which a temporary
annuity was included in the payments, reduced by the total amount
that would have been payable during that period had the election not
been made, exceeds
   (2) The excess of the total amount that would have been payable,
had the election not been made, during the time subsequent to that
period and prior to reinstatement, over the total amount actually
paid during that time.
   The amount determined by the above formula shall be converted to
an amount equaling the actuarial equivalent on the date of
reinstatement and this latter amount shall be the basis of the
actuarial equivalent on the date of retirement subsequent to
reinstatement.
   Actuarial equivalents required by this section shall be based on
the interest rate and mortality tables in use by this system on the
date of retirement subsequent to reinstatement.
   (c) Notwithstanding this section, or any other provision of this
part, the current service pension payable to any member subject to
this section who rendered one year or more of state service credited
under this system after reinstatement on retirement for service
subsequent to reinstatement from service retirement for any credited
service for which a current service pension was paid prior to
reinstatement shall not be less than the current service pension that
would be payable on the date of the subsequent retirement had the
member not been reinstated. For state miscellaneous and state
industrial service subject to Section 21076, the current service
pension payable for any credited service for which a current service
pension was paid prior to reinstatement shall not be less than the
current service pension that would have been payable on the date of
the subsequent retirement had the member's retirement been subject to
the formula under Section 21076 and had not been reinstated,
adjusted, however, by any reduction under this section because of an
election under Section 21461 and, for any service so credited that
was included in coverage of the federal system during reinstatement,
according to the formula applicable to the service in employment from
which he or she was retired.



21358.  Notwithstanding Section 21357, the retirement allowance of a
state member, other than a university member, payable upon
retirement within one year of reinstatement from an earlier
retirement of six months or less and based on service prior to
reinstatement shall not include any allowance based on service
credited under Section 20963.
   This section shall not apply to school members.



21359.  Notwithstanding Section 21357, in determining the method of
calculation of subsequent retirement benefits for a university
employee who, on the date of reemployment and reinstatement from
retirement, did not have the right to elect membership in this
system, the service rendered under the University of California
Retirement Plan after reemployment and reinstatement shall be
considered service rendered under this system.



21362.  (a) The current service pension for patrol members and the
combined current and prior service pensions for local safety members
with respect to local safety service rendered to a contracting agency
that is subject to this section 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 patrol member or local safety member at the date
of his or her retirement to equal the fraction of one-fiftieth of
his or her final compensation set forth opposite his or her age at
retirement taken to the preceding completed quarter year, in the
following table, multiplied by the number of years of patrol service
and local safety service subject to this section with which he or she
is credited at retirement:

  Age at
  retirement                             Fraction
  50 ...............................      1.0000
  50 1/4............................      1.0175
  50 1/2............................      1.0350
  50 3/4............................      1.0525
  51 ...............................      1.0700
  51 1/4............................      1.0875
  51 1/2............................      1.1050
  51 3/4............................      1.1225
  52 ...............................      1.1400
  52 1/4............................      1.1575
  52 1/2............................      1.1750
  52 3/4............................      1.1925
  53 ...............................      1.2100
  53 1/4............................      1.2275
  53 1/2............................      1.2450
  53 3/4............................      1.2625
  54 ...............................      1.2800
  54 1/4............................      1.2975
  54 1/2............................      1.3150
  54 3/4............................      1.3325
  55 and over.......................      1.3500

   (b) (1) Except as otherwise provided in this subdivision, the
current service pension and the combined current and prior service
pensions under this section for all service to all employers shall
not exceed an amount that, when added to the service retirement
annuity related to that service, equals 75 percent of final
compensation.
   (2) For state members, with respect to service for all state
employers under this section, the benefit shall not exceed:
   (A) Eighty percent of final compensation for state members who
retire on or after January 1, 1995, and prior to January 1, 1999.
   (B) Eighty-five percent of final compensation for state members
who retire on or after January 1, 1999, and prior to January 1, 2000.
   (C) Ninety percent of final compensation for state members who
retire on or after January 1, 2000.
   (3) For local safety members who retire on or after January 1,
2000, the benefit shall not exceed 85 percent of final compensation.
   (4) If the pension relates to service to more than one employer
and would otherwise exceed that maximum, the pension payable with
respect to each employer shall be reduced in the same proportion as
the allowance based on service to that employer bears to the total
allowance computed as though there were no limit, so that the total
of the pensions shall equal the maximum. Where a state or local
member retiring on or after January 1, 1995, has service under this
section with both state and local agency employers, the higher
maximum shall apply and the additional benefit shall be funded by
increasing the member's pension payable with respect to the employer
for whom the member performed the service subject to the higher
maximum.
   (c) This section shall not apply to any contracting agency, unless
and until the agency elects to be subject to the provisions of this
section by amendment to its contract made in the manner prescribed
for approval of contracts or, in the case of contracts made after the
date this section is operative, by express provision in the contract
making the contracting agency subject to the provisions of this
section.
   (d) This section shall supersede Section 21363, 21366, 21368,
21369, or 21370, whichever is then applicable, with respect to patrol
and local safety members who retire after the date this section
becomes applicable to their respective employers.
   (e) This section shall not apply to state safety or state peace
officer/firefighter members.
   (f) With respect to patrol members, this section shall only apply
to patrol members who are not employed by the state on or after
January 1, 2000.
   (g) The Legislature reserves, with respect to any member subject
to this section, the right to provide for the adjustment of
industrial disability retirement allowances because of earnings of a
retired person and modification of the conditions and qualifications
required for retirement for disability as it may find appropriate
because of the earlier ages of service retirement made possible by
the benefits under this section.



21362.2.  (a) Upon attaining the age of 50 years or more, the
combined current and prior service pension for state patrol members
and for local safety members with respect to local safety service
rendered to a contracting agency that is subject to the provisions of
this section 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 his or her retirement to equal 3 percent of his or her
final compensation at retirement, multiplied by the number of years
of patrol service or local safety service subject to this section
with which he or she is credited at retirement.
   (b) In no event shall the current service pension and the combined
current and prior service pensions under this section for all
service to all employers exceed an amount that, when added to the
service retirement annuity related to that service, equals 85 percent
of final compensation. For state patrol members with respect to
service for all state employers under this section, the benefit shall
not exceed 90 percent of final compensation. If the pension relates
to service to more than one employer and would otherwise exceed that
maximum, the pension payable with respect to each employer shall be
reduced in the same proportion as the allowance based on service to
that employer bears to the total allowance computed as though there
were no limit, so that the total of the pensions shall equal the
maximum. Where a state or local member has service under this section
with both state and local agency employers, the higher maximum shall
apply and the additional benefit shall be funded by increasing the
member's pension payable with respect to the employer for whom the
member performed the service subject to the higher maximum.
   (c) For patrol members employed by the state on or after January
1, 2000, this section shall supersede Section 21362.
   (d) This section shall not apply to state safety or state peace
officer/firefighter members.
   (e) This section shall not apply to any contracting agency nor its
employees unless and until the agency elects to be subject to the
provisions of this section by amendment to its contract made in the
manner prescribed for approval of contracts or, in the case of
contracts made after the date this section becomes operative, by
express provision in the contract making the contracting agency
subject to this section. The operative date of this section for a
local safety member shall be the effective date of the amendment to
his or her employer's contract electing to be subject to this
section.
   (f) This section shall supersede Section 21362, 21363, 21363.1,
21366, 21368, 21369, or 21370, whichever is then applicable, with
respect to local safety members who retire after the date this
section becomes applicable to their respective employers.
   (g) The Legislature reserves, with respect to any member subject
to this section, the right to provide for the adjustment of
industrial disability retirement allowances because of earnings of a
retired person and modification of the conditions and qualifications
required for retirement for disability as it may find appropriate
because of the earlier ages of service retirement made possible by
the benefits under this section.
   (h) Operation and application of this section is subject to the
limitations set forth in Section 21251.13.
   (i) Notwithstanding any other provision of this section, this
section shall not apply to a state patrol member who is employed by
the state for the first time and becomes a state patrol member of the
system on or after October 31, 2010, and is represented by State
Bargaining Unit 5. With respect to related state patrol members in
managerial, supervisory, or confidential positions and officers or
employees of the executive branch of state government who are not
members of the civil service, the Director of the Department of
Personnel Administration may exercise his or her discretion whether
to approve their status in writing to the board.



21362.3.  (a) Notwithstanding subdivision (b) of Section 21362.2,
for the California Highway Patrol Commissioner, with respect to
service to all state employers under Section 21362.2, the benefit may
not exceed 100 percent of final compensation.
   (b) This section shall become inoperative on January 1, 2008,
unless a later enacted statute deletes or extends that date.



21363.  (a) The combined current and prior service pensions for
state peace officer/firefighter members subject to this section with
respect to state peace officer/firefighter service and the combined
current and prior service pensions for local safety members with
respect to local safety service rendered to a contracting agency that
is subject to this section 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 state peace officer/firefighter or local safety
member at the date of his or her retirement to equal the fraction of
one-fiftieth of his or her final compensation set forth opposite his
or her age at retirement taken to the preceding completed quarter
year, in the following table, multiplied by the number of years of
state peace officer/firefighter service or local safety service
subject to this section with which he or she is credited at
retirement:

  Age at
  Retirement                          Fraction
  50 ............................      1.0000
  50 1/4.........................      1.0125
  50 1/2.........................      1.0250
  50 3/4.........................      1.0375
  51 ............................      1.0500
  51 1/4.........................      1.0625
  51 1/2.........................      1.0750
  51 3/4.........................      1.0875
  52 ............................      1.1000
  52 1/4.........................      1.1125
  52 1/2.........................      1.1250
  52 3/4.........................      1.1375
  53 ............................      1.1500
  53 1/4.........................      1.1625
  53 1/2.........................      1.1750
  53 3/4.........................      1.1875
  54 ............................      1.2000
  54 1/4.........................      1.2125
  54 1/2.........................      1.2250
  54 3/4.........................      1.2375
  55 and over....................      1.2500

   (b) (1) In no event shall the current service pension and the
combined current and prior service pensions under this section for
all service to all employers exceed an amount that, when added to the
service retirement annuity related to that service, equals 75
percent of final compensation.
   (2) For state members, with respect to service for all state
employers under this section, the benefit shall not exceed:
   (A) Eighty percent of final compensation for state members who
retire on or after January 1, 1995.
   (B) Eighty-five percent of final compensation for state peace
officer/firefighter members in State Bargaining Units 6 and 8 who
retire on or after January 1, 1999, and prior to January 1, 2000.
   (C) Ninety percent of final compensation for state peace
officer/firefighter members who retire on or after January 1, 2000.
   (3) For local safety members who retire on or after January 1,
2000, the benefit shall not exceed 85 percent of final compensation.
If the pension relates to service to more than one employer, or this
section and Section 21369, and would otherwise exceed that maximum,
the pension payable with respect to each section or employer shall be
reduced in the same proportion as the allowance bears to the total
allowance computed as though there were no limit, so that the total
of the pensions shall equal the maximum. Where a state or local
member retiring on or after January 1, 1995, has service under this
section with both state and local agency employers, the higher
maximum shall apply and the additional benefit, if any, shall be
funded by increasing the member's pension payable with respect to the
employer for whom the member performed the service subject to the
higher maximum.
   (c) The Legislature reserves, with respect to any member subject
to this section, the right to provide for the adjustment of
industrial disability retirement allowances because of earnings of a
retired person and modification of the conditions and qualifications
required for retirement for disability as it may find appropriate
because of the earlier age of service retirement made possible by the
benefits under this section.
   (d) This section may be applied to related supervisory classes or
confidential positions for the respective bargaining units specified
in this section.
   (e) (1) This section shall be operative with respect to state
peace officer/firefighter members in Corrections Bargaining Unit No.
6, Protective Services and Public Safety Bargaining Unit No. 7, or
Firefighters Bargaining Unit No. 8, in accordance with a memorandum
of understanding reached between the state and the exclusive
bargaining agent in the respective unit pursuant to Chapter 10.3
(commencing with Section 3512) of Division 4 of Title 1.
   (2) This section also shall be operative with respect to the state
peace officer/firefighter members employed by a California State
University police department who are in Public Safety Unit No. 8 in
accordance with a memorandum of understanding reached between the
Trustees of the California State University and the recognized
employee organization pursuant to Chapter 12 (commencing with Section
3560) of Division 4 of Title 1.
   (3) This section shall also be operative with respect to a "state
peace officer/firefighter member" defined in subdivision (a) of
Section 20396 if authorized by, and in accordance with, a memorandum
of understanding reached between the Trustees of the California State
University and the recognized employee organization pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title 1.
   (4) Nothing in this section or in any other provision of law
affected by Chapter 1320 of the Statutes of 1984 or Chapter 234 of
the Statutes of 1986 shall be construed as authorizing any future
negotiation with respect to whether or not any bargaining unit
specified in this section whose memorandum of understanding was
previously approved by the Legislature pursuant to law and this
section, shall continue to remain within the state peace
officer/firefighter membership category.
   (5) The operative date of this section with respect to members in
each of the bargaining units specified in this section shall be as
provided for in the memorandum of understanding.
   (6) With the exception of state peace officer/firefighter members
for service rendered for the California State University or the
legislative or judicial branch of government, this section shall
apply to state peace officer/firefighter members who are not employed
by the state on or after January 1, 2000.
   (f) This section shall be known as, and may be cited as, the State
Peace Officers' and Fire Fighters' Retirement Act.
   (g) The Legislature reserves the right to subsequently modify or
amend this part in order to completely effectuate the intent and
purposes of this section and the right to not provide any new
comparable advantages if disadvantages to employees result from any
modification or amendment.
   (h) This section 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 section with
respect to a local safety member shall be the effective date of the
amendment to his or her employer's contract electing to be subject to
this section. However, this section shall not apply to any local
safety member in the employ of an employer not subject to this
section on January 1, 2000.
   (i) Notwithstanding Section 3517.8 or any provision of an expired
memorandum of understanding, this section shall apply to a state
peace officer/firefighter member who is employed by the state for the
first time and becomes a state peace officer/firefighter member of
the system on or after January 15, 2011, and is represented by State
Bargaining Unit 6 or 7. With respect to related state peace
officer/firefighter members in managerial, supervisory, or
confidential positions and officers or employees of the executive
branch of state government who are not members of the civil service,
the Director of the Department of Personnel Administration may
exercise his or her discretion whether to approve their status in
writing to the board.
   (j) (1) This section shall also apply to a state peace
officer/firefighter member who is employed by the California State
University or judicial branch of government or the Legislature for
the first time and becomes a state peace officer/firefighter member
on or after January 15, 2011.
   (2) If this subdivision is in conflict with a memorandum of
understanding that is current and in effect on January 15, 2011, the
memorandum of understanding shall be controlling while it remains in
effect. Upon expiration of the memorandum of understanding that is in
effect and current on January 15, 2011, this section shall be
controlling and may not be superseded by a subsequent memorandum of
understanding.
   (k) Subdivisions (i) and (j) do not apply to:
   (1) Former state, legislative, judicial branch, or California
State University employees employed before January 15, 2011, who
return to state or university employment on or after January 15,
2011, and who were not previously subject to this section.
   (2) State employees hired prior to January 15, 2011, who were
subject to Section 20281.5 during the first 24 months of state
employment and who were not previously subject to this section.
   (3) State employees hired prior to January 15, 2011, who become
subject to representation by State Bargaining Unit 6 or 7 on or after
January 15, 2011, and who were not previously subject to this
section.
   (4) State, legislative, judicial branch, or California State
University employees on an approved leave of absence before January
15, 2011, who return to active employment on or after January 15,
2011, and who were not previously subject to this section.



21363.1.  (a) The combined current and prior service pensions for
state peace officer/firefighter members subject to this section with
respect to state peace officer/firefighter service, and for local
safety members with respect to local safety service rendered to a
contracting agency that is subject to this section, 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 state peace
officer/firefighter member or local safety member at the date of his
or her retirement to equal the fraction of 3 percent of his or her
final compensation set forth opposite his or her age at retirement
taken to the preceding completed quarter year, in the following
table, multiplied by the number of years of state peace
officer/firefighter service or local safety service subject to this
section with which he or she is credited at retirement:

  Age at
  Retirement                 Fraction
  50 ....................... .800
  50 1/4 ................... .810
  50 1/2 ................... .820
  50 3/4 ................... .830
  51  ...................... .840
  51 1/4 ................... .850
  51 1/2 ................... .860
  51 3/4 ................... .870
  52  ...................... .880
  52 1/4 ................... .890
  52 1/2 ................... .900
  52 3/4 ................... .910
  53  ...................... .920
  53 1/4 ................... .930
  53 1/2 ................... .940
  53 3/4 ................... .950
  54  ...................... .960
  54 1/4 ................... .970
  54 1/2 ................... .980
  54 3/4 ................... .990
  55 and over  ............. 1.000

   (b) In no event shall the current service pension and the combined
current and prior service pensions under this section for all
service to all employers exceed an amount that, when added to the
service retirement annuity related to that service, equals 85 percent
of final compensation. For state peace officer/firefighter members
with respect to service for all state employers under this section,
the benefit shall not exceed 90 percent of final compensation. If the
pension relates to service to more than one employer and would
otherwise exceed that maximum, the pension payable with respect to
each employer shall be reduced in the same proportion as the
allowance based on service to that employer bears to the total
allowance computed as though there were no limit, so that the total
of the pensions shall equal the maximum. Where a state or local
member has service under this section with both state and local
agency employers, the higher maximum shall apply and the additional
benefit shall be funded by increasing the member's pension payable
with respect to the employer for whom the member performed the
service subject to the higher maximum.
   (c) This section shall supersede Section 21363 for state peace
officer/firefighter members with respect to service rendered for the
California State University or the legislative or judicial branch of
government.
   (d) This section shall also supersede Section 21363 for state
peace officer/firefighter members, for service not subject to
subdivision (c), who are employed by the state on or after January 1,
2000.
   (e) This section shall not apply to any contracting agency nor its
employees unless and until the agency elects to be subject to the
provisions of this section by amendment to its contract made in the
manner prescribed for approval of contracts or, in the case of
contracts made after the date this section becomes operative, by
express provision in the contract making the contracting agency
subject to this section. The operative date of this section for a
local safety member shall be the effective date of the amendment to
his or her employer's contract electing to be subject to this
section.
   (f) This section shall supersede Section 21363, 21366, 21368,
21369, or 21370, whichever is then applicable, with respect to local
safety members who retire after the date this section becomes
applicable to their respective employers.
   (g) The Legislature reserves, with respect to any member subject
to this section, the right to provide for the adjustment of
industrial disability retirement allowances because of earnings of a
retired person and modification of the conditions and qualifications
required for retirement for disability as it may find appropriate
because of the earlier age of service retirement made possible by the
benefits under this section.
   (h) The Legislature reserves the right to subsequently modify or
amend this part in order to completely effectuate the intent and
purposes of this section and the right to not provide any new
comparable advantages if disadvantages to employees result from any
modification or amendment.
   (i) Operation and application of this section are subject to the
limitations set forth in Section 21251.13.
   (j) This section shall apply to a state patrol member who is
employed by the state for the first time and becomes a state patrol
member of the system on or after October 31, 2010, and is represented
by State Bargaining Unit 5. With respect to related state patrol
members in managerial, supervisory, or confidential positions and
officers or employees of the executive branch of state government who
are not members of the civil service, the Director of the Department
of Personnel Administration may exercise his or her discretion
whether to approve their status in writing to the board.
   (k) This section shall apply to a state peace officer/firefighter
member who is employed by the state for the first time and becomes a
state peace officer/firefighter member of the system on or after
October 31, 2010, and is represented by State Bargaining Unit 8. With
respect to related state peace officer/firefighter members in
managerial, supervisory, or confidential positions and officers or
employees of the executive branch of state government who are not
members of the civil service, the Director of the Department of
Personnel Administration may exercise his or her discretion whether
to approve their status in writing to the board.
   (l) Subdivisions (j) and (k) do not apply to:
   (1) Former state employees previously employed before October 31,
2010, who return to state employment on or after October 31, 2010.
   (2) State employees hired prior to October 31, 2010, who were
subject to Section 20281.5 during the first 24 months of state
employment.
   (3) State employees hired prior to October 31, 2010, who become
subject to representation by State Bargaining Unit 5 or 8 on or after
October 31, 2010.
   (4) State employees on an approved leave of absence employed
before October 31, 2010, who return to active employment on or after
October 31, 2010.
   (m) (1) Notwithstanding any other provision of this section, this
section shall not apply to a peace officer/firefighter member who is
employed for the first time by the California State University or the
legislative or judicial branch and becomes a state peace
officer/firefighter member of the system on or after January 15,
2011.
   (2) If this subdivision is in conflict with a memorandum of
understanding that is current and in effect on January 15, 2011, the
memorandum of understanding shall be controlling while it remains in
effect. Upon expiration of the memorandum of understanding that is in
effect and current on January 15, 2011, this section shall be
controlling and may not be superseded by a subsequent memorandum of
understanding.
   (n) Notwithstanding Section 3517.8, or any provision of an expired
memorandum of understanding, or any other provision of this section,
this section shall not apply to those peace officer/firefighter
members in state Bargaining Units 6 and 7 first employed by the state
on or after January 15, 2011.



21363.2.  (a) This section shall apply only to patrol members in
State Bargaining Unit 5.
   (b) Patrol members who were previously classified as peace
officer/firefighter members shall have their past service under
Section 21363 credited, at no cost to the member, under Section
21363.1.


21363.3.  (a) The combined current and prior service pensions for
state peace officer/firefighter members described in Section 20394 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 his or
her retirement to equal 3 percent of his or her final compensation
at the age of 50 years, multiplied by the number of years of state
peace officer/firefighter service subject to this section with which
he or she is credited at retirement.
   (b) In no event shall the current service pension and the combined
current and prior service pensions under this section for all
service to all employers exceed an amount that, when added to the
service retirement annuity related to that service, equals 90 percent
of final compensation. If the pension relates to service to more
than one employer and would otherwise exceed that maximum, the
pension payable with respect to each employer shall be reduced in the
same proportion as the allowance based on service to that employer
bears to the total allowance computed as though there were no limit,
so that the total of the pensions shall equal the maximum. Where a
state peace officer/firefighter member has service under this
section, or other safety retirement formulas pursuant to this part
with state or local agency employers, the higher maximum shall apply
and the additional benefit shall be funded by increasing the member's
pension payable with respect to the state employer.
   (c) This section shall apply to state peace officer/firefighter
members described in Section 20394 if authorized by, and in
accordance with, a memorandum of understanding reached between the
Trustees of the California State University and the recognized
employee organization pursuant to Chapter 12 (commencing with Section
3560) of Division 4 of Title 1. This section may also apply to sworn
peace officer/firefighter members described in Section 20394 in
related management positions, if the Trustees of the California State
University have approved the application in writing to the Board of
Administration of the Public Employees' Retirement System.
   (d) This section shall supersede Section 21363.1 with respect to
peace officer/firefighter service for members employed by the
California State University police department on or after the date a
memorandum of understanding, or action by the Trustees of the
California State University regarding related management positions,
makes this section applicable to these members.
   (e) This section may not prevent a subsequent memorandum of
understanding, or subsequent action by the Trustees of the California
State University regarding related management positions, from making
this section inapplicable to peace officer/firefighter members first
employed by the California State University police department on or
after a date specified in a subsequent memorandum of understanding,
or subsequent action by the Trustees of the California State
University regarding related management positions.
   (f) (1) Notwithstanding any other provision of this section, this
section shall not apply to a state peace officer/firefighter member
described in Section 20394 who is employed for the first time and
becomes a state peace officer/firefighter member of the system on or
after January 15, 2011.
   (2) If this subdivision is in conflict with a memorandum of
understanding that is current and in effect on January 15, 2011, the
memorandum of understanding shall be controlling while it remains in
effect. Upon expiration of the memorandum of understanding that is in
effect and current on January 15, 2011, this section shall be
controlling and may not be superseded by a subsequent memorandum of
understanding.


21363.4.  (a) Upon attaining the age of 50 years or more, the
combined current and prior service pension for a state peace
officer/firefighter member described in subdivision (c) who retires
or dies on or after January 1, 2006, 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 his or her retirement to
equal 3 percent of his or her final compensation at retirement,
multiplied by the number of years of state peace officer/firefighter
service, as defined in subdivision (d), subject to this section with
which he or she is credited at retirement.
   (b) For state peace officer/firefighter members, with respect to
service for all state employers under this section, the current
service pension and the combined current and prior service pension
under this section shall not exceed an amount that, when added to the
service retirement annuity related to that service, equals 90
percent of final compensation. If the pension relates to service to
more than one employer and would otherwise exceed that maximum, the
pension payable with respect to each employer shall be reduced in the
same proportion as the allowance based on service to that employer
bears to the total allowance computed as though there were no limit,
so that the total of the pensions shall equal the maximum.
   (c) For purposes of this section, "state peace officer/firefighter
member" means state peace officer/firefighter members under this
part who, on or after January 1, 2006, are employed by the state and
are members of State Bargaining Unit 6 or State Bargaining Unit 8,
and may include state peace officer/firefighter members in related
managerial, supervisory, or confidential positions and officers or
employees of the executive branch of state government who are not
members of the civil service, provided the Department of Personnel
Administration has approved their inclusion in writing to the board.
   (d) For purposes of this section, "state peace officer/firefighter
service" means service performed by a state peace
officer/firefighter member while a member of State Bargaining Unit 6
or State Bargaining Unit 8, and may include state peace
officer/firefighter service in related managerial, supervisory, or
confidential positions or as officers or employees of the executive
branch of state government who are not members of the civil service,
provided the Department of Personnel Administration has approved
their inclusion in writing to the board.
   (e) This section shall supersede Section 21363 or 21363.1,
whichever is applicable, with respect to state peace
officer/firefighter members and service as defined herein.
   (f) The Legislature reserves, with respect to any member subject
to this section, the right to provide for the adjustment of
industrial disability retirement allowances because of earnings of a
retired person and modification of the conditions and qualifications
required for retirement for disability as it may find appropriate
because of the earlier ages of service retirement made possible by
the benefits under this section.
   (g) Notwithstanding any other provision of this section, this
section shall not apply to a state peace officer/firefighter member
who is employed by the state for the first time and becomes a state
peace officer/firefighter member of the system on or after October
31, 2010, and is represented by State Bargaining Unit 8. With respect
to related state peace officer/firefighter members in managerial,
supervisory, or confidential positions and officers or employees of
the executive branch of state government who are not members of the
civil service, the Director of the Department of Personnel
Administration may exercise his or her discretion whether to approve
their status in writing to the board.
   (h) Notwithstanding Section 3517.8, or any provision of an expired
memorandum of understanding, or any other provision of this section,
this section shall not apply to a state peace officer/firefighter
member who is employed by the state for the first time and becomes a
state peace officer/firefighter member of the system on or after
January 15, 2011, and is represented by State Bargaining Unit 6. With
respect to related state peace officer/firefighter members in
managerial, supervisory, or confidential positions and officers or
employees of the executive branch of state government who are not
members of the civil service, the Director of the Department of
Personnel Administration may exercise his or her discretion whether
to approve their status in writing to the board.



21363.8.  (a) Upon attaining the age of 50 years or more, the
combined current and prior service pension for a state peace
officer/firefighter member described in subdivision (c) who retires
or dies on or after January 1, 2004, 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 his or her retirement to
equal 3 percent of his or her final compensation at retirement,
multiplied by the number of years of state peace officer/firefighter
service, as defined in subdivision (d), subject to this section with
which he or she is credited at retirement.
   (b) For state peace officer/firefighter members, with respect to
service for all state employers under this section, the current
service pension and the combined current and prior service pension
under this section may not exceed an amount that, when added to the
service retirement annuity related to that service, equals 90 percent
of final compensation. If the pension relates to service to more
than one employer and would otherwise exceed that maximum, the
pension payable with respect to each employer shall be reduced in the
same proportion as the allowance based on service to that employer
bears to the total allowance computed as though there were no limit,
so that the total of the pensions shall equal the maximum.
   (c) (1) This section shall apply to state peace
officer/firefighter members under this part who, on or after January
1, 2004, are employed by the state and are members of State
Bargaining Unit 7.
   (2) This section may also apply to state peace officer/firefighter
members in managerial, supervisory, or confidential positions that
are related to the members described in paragraph (1) and to officers
or employees of the executive branch of state government who are not
members of the civil service and who are in positions that are
related to the members described in paragraph (1), if the Department
of Personnel Administration has approved their inclusion in writing
to the board.
   (d) (1) For purposes of this section, "state peace
officer/firefighter service" means service performed by a state peace
officer/firefighter member while a member of State Bargaining Unit
7.
   (2) That service may include state peace officer/firefighter
service in managerial, supervisory, or confidential positions that
are related to the members described in paragraph (1) or as officers
or employees of the executive branch of state government who are not
members of the civil service and who are in positions that are
related to the members described in paragraph (1), provided the
Department of Personnel Administration has approved their inclusion
in writing to the board.
   (e) This section shall supersede Section 21363 or 21363.1,
whichever is applicable, with respect to state peace
officer/firefighter members subject to this section and state peace
officer/firefighter service as defined herein.
   (f) The Legislature reserves, with respect to any member subject
to this section, the right to provide for the adjustment of
industrial disability retirement allowances because of earnings of a
retired person and modification of the conditions and qualifications
required for retirement for disability as it may find appropriate
because of the earlier ages of service retirement made possible by
the benefits under this section.
   (g) Notwithstanding Section 3517.8, or any provision of an expired
memorandum of understanding, or any other provision of this section,
this section shall not apply to a state peace officer/firefighter
member who is employed by the state for the first time and becomes a
state peace officer/firefighter member of the system on or after
January 15, 2011, and is represented by State Bargaining Unit 7. With
respect to related state peace officer/firefighter members in
managerial, supervisory, or confidential positions and officers or
employees of the executive branch of state government who are not
members of the civil service, the Director of the Department of
Personnel Administration may exercise his or her discretion whether
to approve their status in writing to the board.




21364.  A contracting agency may elect to be subject to Section
21362, 21362.2, or 21363.1 with respect to only those local safety
members who are local police officers, those who are local
firefighters, and those who are local safety members as defined in
Section 20421 as local safety members.



21365.  If, pursuant to Chapter 10 (commencing with Section 3500) of
Division 4 of Title 1, Kings County enters into a binding memorandum
of understanding and agrees to the application of this section, the
county may elect to be subject to Section 21362 with respect to only
those local safety members who are county peace officers as defined
by Section 20436.
   This section shall not apply to Kings County until the county
elects to be subject to this section by amendment to its contract
made in the manner prescribed for approval of contracts or, in the
case of contracts made on or after January 1, 1988, by express
provision in the contract making the contracting agency subject to
this section.


21366.  The combined prior and current service pensions for patrol
members and local safety members, other than local safety members to
whom Section 21362, 21368, or 21369 applies, upon retirement at or
after age 55 is a pension derived from contributions of the employer
that, when added to that portion of the service retirement annuity
that is derived from the accumulated normal contributions of the
member, shall equal a percentage of his or her final compensation,
multiplied by the number of years of patrol, fire, police, or county
peace officer service, the percentage to be 2 1/2 or, if less, the
percentage obtained by division of 50 percent by the difference
between age 55 and the member's age at his or her birthday nearest to
the date of his or her first entry into any service to which this
section, former Section 21252.10, as amended by Chapter 1657 of the
Statutes of 1971, or former Section 21252.2, as amended by Chapter
752 of the Statutes of 1969, prior to their repeal by Chapter 1098 of
the Statutes of 1972 applied, whether or not the service is credited
at retirement, increased, as to service following an absence from
employment to which any of those sections applies, by the number of
completed years of the absence. Any member entering that service at
or after age 55 shall be deemed, for purposes of this section, to
have entered the service at age 54.
   Upon retirement for service prior to attaining age 55, the
percentage of final compensation payable for each year of credited
service that is subject to this section shall be the product of the
percentage that would become payable at age 55 or, if greater, the
age at which the member would complete 20 years of service under
Section 21366 were he or she to continue in employment, multiplied by
the factor set forth in the following table for his or her actual
age at retirement:

                                    The percent for
                                     each year of
                                       credited
                                        service
  If retirement occurs at age:            is:
  50 .............................       0.713
  50 1/4..........................       0.725
  50 1/2..........................       0.737
  50 3/4..........................       0.749
  51 .............................       0.761
  51 1/4..........................       0.775
  51 1/2..........................       0.788
  51 3/4..........................       0.801
  52 .............................       0.814
  52 1/4..........................       0.828
  52 1/2..........................       0.843
  52 3/4..........................       0.857
  53 .............................       0.871
  53 1/4..........................       0.886
  53 1/2..........................       0.902
  53 3/4..........................       0.917
  54 .............................       0.933
  54 1/4..........................       0.950
  54 1/2..........................       0.966
  54 3/4..........................       0.983

   The amendment to this section by Chapter 941 of the Statutes of
1968 shall apply only to those members retiring on and after December
1, 1968. Current and prior service pensions of those members retired
prior to December 1, 1968 shall be continued in accordance with the
provisions of this part as they existed on November 30, 1968.
   This section shall not apply to any local safety member in the
employ of an employer not subject to this section on March 4, 1972.



21367.  The fraction or percentage of final compensation, for
purposes of calculating the combined prior and current service
pensions under Section 21362 or 21366 for a local safety member
retiring after the effective date of his or her coverage under the
federal system, but prior to termination of the coverage for members
in his or her employment, shall be reduced by one-third as applied to
that part of the member's final compensation that does not exceed
four hundred dollars ($400) per month.
   This section shall not apply to any contracting agency nor to the
employees of any contracting agency until the agency elects to be
subject to this section by amendment to its contract made in the
manner prescribed for approval of contracts, or, in the case of
contracts made after October 1, 1965, by express provision in the
contract making the contracting agency subject to this section.
   This section and Section 21362 or 21366, as the case may be, shall
supersede Section 21368 with respect to all service to a contracting
agency electing to be subject hereto. However, members in employment
of the contracting agency on the effective date of the contract
amendment subjecting the agency and its employees to this section and
Section 21366 may elect, in accordance with board rules, to continue
to be subject to Section 21368, and the contracting agency shall be
subject to Section 21368 rather than this section with respect to
members who so elect. The election shall cease to be effective if,
prior to the member's retirement, his or her employer elects to be
subject to Section 21362 or 21369 or elects to terminate coverage of
the federal system for persons in the member's employment.



21368.  The combined current and prior service pensions for a local
safety member who is an employee of a contracting agency that is
subject to this section, is an annual pension that when added to the
service retirement annuity that is derived from the accumulated
normal contributions of the member shall equal the sum of the
following:
   (a) A temporary annuity based on age at retirement and length of
service computed according to the following formula:
   (1) 0.50 times the product of his or her age at retirement and his
or her years of credited prior and current service not in excess of
20 years, plus
   (2) 0.40 times the product of his or her age at retirement and his
or her years of credited prior and current service in excess of 20
years.
   (b) The percentage of final compensation set forth opposite his or
her age at retirement in the following table multiplied by the
number of years of credited current and prior service as a safety
member in the employ of all contracting agencies subject to this
section at the time of his or her retirement:

                                    The percent for
                                     each year of
                                       credited
                                        service
  If retirement occurs at age:            is:
  50 .............................       0.619
  50 1/4..........................       0.629
  50 1/2..........................       0.640
  50 3/4..........................       0.650
  51 .............................       0.661
  51 1/4..........................       0.673
  51 1/2..........................       0.684
  51 3/4..........................       0.695
  52 .............................       0.708
  52 1/4..........................       0.719
  52 1/2..........................       0.731
  52 3/4..........................       0.744
  53 .............................       0.756
  53 1/4..........................       0.769
  53 1/2..........................       0.783
  53 3/4..........................       0.796
  54 .............................       0.810
  54 1/4..........................       0.824
  54 1/2..........................       0.839
  54 3/4..........................       0.853
  55 .............................       0.868
  55 1/4..........................       0.884
  55 1/2..........................       0.900
  55 3/4..........................       0.916
  56 .............................       0.931
  56 1/4..........................       0.949
  56 1/2..........................       0.966
  56 3/4..........................       0.983
  57 .............................       1.001
  57 1/4..........................       1.020
  57 1/2..........................       1.039
  57 3/4..........................       1.058
  58 .............................       1.076
  58 1/4..........................       1.098
  58 1/2..........................       1.118
  58 3/4..........................       1.138
  59 .............................       1.159
  59 1/4..........................       1.183
  59 1/2..........................       1.205
  59 3/4..........................       1.228
  60 .............................       1.250
  60 1/4..........................       1.275
  60 1/2..........................       1.300
  60 3/4..........................       1.325
  61 .............................       1.350
  61 1/4..........................       1.375
  61 1/2..........................       1.400
  61 3/4..........................       1.425
  62 .............................       1.450
  62 1/4..........................       1.475
  62 1/2..........................       1.500
  62 3/4..........................       1.525
  63 .............................       1.550
  63 1/4..........................       1.575
  63 1/2..........................       1.600
  63 3/4..........................       1.625
  64 .............................       1.650
  64 1/4..........................       1.675
  64 1/2..........................       1.700
  64 3/4..........................       1.725
  65 .............................       1.750

   The temporary annuity under subdivision (a) of this section shall
not be subject to the optional settlements under Article 6
(commencing with Section 21450) and shall be payable monthly until
the retired member attains or would have attained age 65. Should his
or her death occur prior to age 65, the commuted value of any
remaining installments shall be paid to his or her designated
beneficiary in the manner provided in former Section 21332.5, as
added by Chapter 1264 of the Statutes of 1953, for payment of death
benefits under optional settlement one.
   The agency's liability for prior service shall be in the same
proportion to the total reserves required as the years of credited
prior service bear to the total years of credited service. The agency'
s liability for current service shall consist of the remainder of the
total reserves required after deducting the liability for prior
service and the accumulated normal contributions of the member.
   This section shall apply only to a contracting agency that elected
prior to October 1, 1965, by express provision of its contract or
amendment thereto to be subject hereto.



21369.  (a) The combined prior and current service pension for a
state safety member, and a local safety member with respect to
service to a contracting agency subject to this section, upon
retirement after attaining the age of 55 years, is a pension derived
from contributions of an employer sufficient, when added to that
portion of the service retirement annuity that is derived from the
accumulated normal contributions of the member at the date of his or
her retirement, to equal one-fiftieth of his or her final
compensation multiplied by the number of years of state safety,
police, fire, or county peace officer service that is credited to him
or her as a state safety member or a local safety member subject to
this section at retirement. Notwithstanding the preceding sentence,
this section shall apply to the current and prior service pension for
any other state safety member based on service to which it would
have applied had the member, on July 1, 1971, been in employment
described in Section 20403 or 20404.
   (b) Upon retirement for service prior to attaining the age of 55
years, the percentage of final compensation payable for each year of
credited service that is subject to this section shall be the product
of 2 percent multiplied by the factor set forth in the following
table for his or her actual age at retirement:

                                    The percent for
                                     each year of
                                       credited
                                        service
  If the retirement age occurs at:        is:
  50 .............................       0.713
  50 1/4..........................       0.725
  50 1/2..........................       0.737
  50 3/4..........................       0.749
  51 .............................       0.761
  51 1/4..........................       0.775
  51 1/2..........................       0.788
  51 3/4..........................       0.801
  52 .............................       0.814
  52 1/4..........................       0.828
  52 1/2..........................       0.843
  52 3/4..........................       0.857
  53 .............................       0.871
  53 1/4..........................       0.886
  53 1/2..........................       0.902
  53 3/4..........................       0.917
  54 .............................       0.933
  54 1/4..........................       0.950
  54 1/2..........................       0.966
  54 3/4..........................       0.983

   (c) In no event shall the total pension for all service under this
section exceed an amount that, when added to the service retirement
annuity related to that service, equals 75 percent of final
compensation. For state members who retire on or after January 1,
1995, and with respect to service for all state employers under this
section, the benefit shall not exceed 80 percent of final
compensation. For local members who retire on or after January 1,
2000, the benefit shall not exceed 85 percent of final compensation.
If the pension relates to service to more than one employer and would
otherwise exceed that maximum, the pension payable with respect to
each employer shall be reduced in the same proportion as the
allowance based on service to that employer bears to the total
allowance computed as though there were no limit, so that the total
of those pensions shall equal the maximum. Where a state or local
member retiring on or after January 1, 1995, has service under this
section with both state and local agency employers, the higher
maximum shall apply and the additional benefit shall be funded by
increasing the member's pension payable with respect to the employer
for whom the member performed the service subject to the higher
maximum.
   (d) This section shall not apply to a person whose effective date
of retirement is prior to July 1, 1971.
   (e) The Legislature reserves, with respect to any member subject
to this section, the right to provide for the adjustment of
industrial disability retirement allowances because of earnings of a
retired person and modification of the conditions and qualifications
required for retirement for disability as it may find appropriate
because of the earlier age of service retirement made possible by the
benefits under this section.
   (f) The percentage of final compensation provided in this section
shall be reduced by one-third as applied to that part of the member's
final compensation that does not exceed four hundred dollars ($400)
per month for service after the effective date of coverage of a
member under the federal system. This subdivision shall not apply to
a member who retires after the date upon which coverage under the
federal system of persons in his or her employment terminates. It
shall not apply to a local safety member employed by a contracting
agency electing to be subject to this section after March 7, 1973,
unless the agency elects to be subject to this paragraph by amendment
to its contract or by appropriate provision of a contract entered
into after this provision is effective and as to any member, the
reduction in the percentage of final compensation shall apply to all
local safety service to the agency, if any of the local safety
service has been included in the federal system.
   (g) With the exception of state safety members for service
rendered for the California State University, this section shall
apply to state safety members who are not employed by the state on or
after January 1, 2000.
   (h) This section shall not apply to a contracting agency nor its
employees until the 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 section with respect to a local
safety member shall be the effective date of the amendment to his or
her employer's contract electing to be subject to this section.
   (i) (1) Notwithstanding Section 3517.8 or any provision of an
expired memorandum of understanding, this section shall also apply to
a state safety member who is employed by the state or the California
State University for the first time and becomes a state safety
member of the system on or after January 15, 2011. With respect to
related state safety members in managerial, supervisory, or
confidential positions and officers or employees of the executive
branch of state government who are not members of the civil service,
the Director of the Department of Personnel Administration may
exercise his or her discretion whether to approve their status in
writing to the board.
   (2) If this subdivision is in conflict with a memorandum of
understanding that is current and in effect on January 15, 2011, the
memorandum of understanding shall be controlling while it remains in
effect. Upon expiration of the memorandum of understanding that is in
effect and current on January 15, 2011, this section shall be
controlling and may not be superseded by a subsequent memorandum of
understanding.
   (j) This section does not apply to:
   (1) Former state or California State University employees employed
before January 15, 2011, who return to state or university
employment on or after January 15, 2011, and who were not previously
subject to this section.
   (2) State employees hired prior to January 15, 2011, who were
subject to Section 20281.5 during the first 24 months of state
employment, and who were not previously subject to this section.
   (3) State or California State University employees on an approved
leave of absence before January 15, 2011, who return to active
employment on or after January 15, 2011, and who were not previously
subject to this section.
   (4) State employees who are subject to Section 21369.2 so long as
their memorandum of understanding is in effect. Upon expiration of
the memorandum of understanding, notwithstanding Section 3517.8, this
section shall be controlling and may not be superseded by a
subsequent memorandum of understanding.


21369.1.  (a) The combined current and prior service pensions for
state safety members subject to this section with respect to state
safety service that is subject to this section 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 state safety member at the date of his or
her retirement to equal the fraction of one-fiftieth of his or her
final compensation set forth opposite his or her age at retirement
taken to the preceding completed quarter year, in the following
table, multiplied by the number of years of state safety service
subject to this section with which he or she is credited at
retirement.

  Age at
  Retirement                          Fraction
  50 ............................      0.8500
  50 1/4 ........................      0.8625
  50 1/2 ........................      0.8750
  50 3/4 ........................      0.8875
  51 ............................      0.9000
  51 1/4 ........................      0.9125
  51 1/2 ........................      0.9250
  51 3/4 ........................      0.9375
  52 ............................      0.9500
  52 1/4 ........................      0.9625
  52 1/2 ........................      0.9750
  52 3/4 ........................      0.9875
  53 ............................      1.0000
  53 1/4 ........................      1.0320
  53 1/2 ........................      1.0630
  53 3/4 ........................      1.0940
  54 ............................      1.1250
  54 1/4 ........................      1.1570
  54 1/2 ........................      1.1880
  54 3/4 ........................      1.2190
  55 and over ...................      1.2500

   (b) For state safety members with respect to service for all state
employers under this section, the benefit shall not exceed 80
percent of final compensation. If the pension relates to service to
more than one employer, and would otherwise exceed that maximum, the
pension payable with respect to each employer shall be reduced in the
same proportion as the allowance based on service to that employer
bears to the total allowance computed as though there were no limit,
so that the total of the pensions shall equal the maximum.
   (c) This section shall supersede Section 21369 for state safety
members with respect to service rendered for the California State
University.
   (d) This section shall also supersede Section 21369 for state
safety members, for service not subject to subdivision (c), who are
employed by the state on or after January 1, 2000.
   (e) The Legislature reserves, with respect to any member subject
to this section, the right to provide for the adjustment of
industrial disability retirement allowances because of earnings of a
retired person and modification of the conditions and qualifications
required for retirement for disability as it may find appropriate
because of the earlier age of service retirement made possible by the
benefits under this section.
   (f) The Legislature reserves the right to subsequently modify or
amend this part in order to completely effectuate the intent and
purposes of this section and the right to not provide any new
comparable advantages if disadvantages to employees result from any
modification or amendment.
   (g) Operation and application of this section are subject to the
limitations set forth in Section 21251.13.
   (h) Notwithstanding any other provision of this section, this
section shall not apply to a state safety member who is employed by
the state for the first time and becomes a state safety member of the
system on or after the first day of the pay period following the
effective date of the act adding this subdivision, and is represented
by State Bargaining Unit 12, 16, 18, or 19. With respect to related
state safety members in managerial, supervisory, or confidential
positions and officers or employees of the executive branch of state
government who are not members of the civil service, the Director of
the Department of Personnel Administration may exercise his or her
discretion whether to approve their status in writing to the board.
   (i) (1) Notwithstanding Section 3517.8, or any provision of an
expired memorandum of understanding, or any other provision of this
section, this section shall not apply to a state safety member who is
employed by the state or the California State University for the
first time and becomes a state safety member of the system on or
after January 15, 2011. With respect to related state safety members
in managerial, supervisory, or confidential positions and officers or
employees of the executive branch of state government who are not
members of the civil service, the Director of the Department of
Personnel Administration may exercise his or her discretion whether
to approve their status in writing to the board.
   (2) If this subdivision is in conflict with a memorandum of
understanding that is current and in effect on January 15, 2011, the
memorandum of understanding shall be controlling while it remains in
effect. Upon expiration of the memorandum of understanding that is in
effect and current on January 15, 2011, this section shall be
controlling and may not be superseded by a subsequent memorandum of
understanding.


21369.2.  (a) The combined prior and current service pension for a
state safety member, upon retirement after attaining the age of 55
years, is a pension derived from contributions of an employer
sufficient, when added to that portion of the service retirement
annuity that is derived from the accumulated normal contributions of
the member at the date of his or her retirement, to equal
one-fiftieth of his or her final compensation multiplied by the
number of years of state safety, that is credited to him or her as a
state safety member subject to this section at retirement.
   (b) Upon retirement for service prior to attaining the age of 55
years, the percentage of final compensation payable for each year of
credited service that is subject to this section shall be the product
of 2 percent multiplied by the factor set forth in the following
table for his or her actual age at retirement:

  Age at
  Retirement                          Fraction
  50 ............................      0.713
  50 1/4.........................      0.725
  50 1/2.........................      0.737
  50 3/4.........................      0.749
  51 ............................      0.761
  51 1/4.........................      0.775
  51 1/2.........................      0.788
  51 3/4.........................      0.801
  52 ............................      0.814
  52 1/4.........................      0.828
  52 1/2.........................      0.843
  52 3/4.........................      0.857
  53 ............................      0.871
  53 1/4.........................      0.886
  53 1/2.........................      0.902
  53 3/4.........................      0.917
  54 ............................      0.933
  54 1/4.........................      0.950
  54 1/2.........................      0.966
  54 3/4.........................      0.983
  55 ............................      1.0000
  55 1/4.........................      1.0125
  55 1/2.........................      1.0250
  55 3/4.........................      1.0375
  56 ............................      1.0500
  56 1/4.........................      1.0625
  56 1/2.........................      1.0750
  56 3/4.........................      1.0875
  57 ............................      1.1000
  57 1/4.........................      1.1125
  57 1/2.........................      1.1250
  57 3/4.........................      1.1375
  58 ............................      1.1500
  58 1/4.........................      1.1625
  58 1/2.........................      1.1750
  58 3/4.........................      1.1875
  59 ............................      1.2000
  59 1/4.........................      1.2125
  59 1/2.........................      1.2250
  59 3/4.........................      1.2375
  60 and over ...................      1.2500

   (c) In no event shall the total pension for all service under this
section exceed an amount that, when added to the service retirement
annuity related to that service, equals 80 percent of final
compensation. If the pension relates to service to more than one
employer and would otherwise exceed that maximum, the pension payable
with respect to each employer shall be reduced in the same
proportion as the allowance based on service to that employer bears
to the total allowance computed as though there were no limit, so
that the total of those pensions shall equal the maximum. Where a
state member has service under this section with both state and local
agency employers, the higher maximum shall apply and the additional
benefit shall be funded by increasing the member's pension payable
with respect to the employer for whom the member performed the
service subject to the higher maximum.
   (d) The Legislature reserves, with respect to any member subject
to this section, the right to provide for the adjustment of
industrial disability retirement allowances because of earnings of a
retired person and modification of the conditions and qualifications
required for retirement for disability as it may find appropriate
because of the earlier age of service retirement made possible by the
benefits under this section.
   (e) This section shall apply to a state safety member who is
employed by the state for the first time and becomes a state safety
member of the system on or after the first day of the pay period
following the effective date of this section, and is represented by
State Bargaining Unit 12, 16, 18, or 19. With respect to related
state safety members in managerial, supervisory, or confidential
positions and officers or employees of the executive branch of state
government who are not members of the civil service, the Director of
the Department of Personnel Administration may exercise his or her
discretion whether to approve their status in writing to the board.
   (f) This section does not apply to:
   (1) Former state employees previously employed before the first
day of the pay period following the effective date of this
subdivision, who return to state employment on or after the first day
of the pay period following the effective date of this subdivision.
   (2) State employees hired prior to the first day of the pay period
following the effective date of this subdivision, who were subject
to Section 20281.5 during the first 24 months of state employment.
   (3) State employees hired prior to the first day of the pay period
following the effective date of this subdivision, who become subject
to representation by State Bargaining Unit 12, 16, 18, or 19 on or
after the first day of the pay period following the effective date of
this subdivision.
   (4) State employees on an approved leave of absence employed
before the first day of the pay period following the effective date
of this subdivision, who return to active employment on or after the
first day of the pay period following the effective date of this
subdivision.



21369.2.  (a) The combined prior and current service pension for a
state safety member, upon retirement after attaining the age of 55
years, is a pension derived from contributions of an employer
sufficient, when added to that portion of the service retirement
annuity that is derived from the accumulated normal contributions of
the member at the date of his or her retirement, to equal
one-fiftieth of his or her final compensation multiplied by the
number of years of state safety, that is credited to him or her as a
state safety member subject to this section at retirement.
   (b) Upon retirement for service prior to attaining the age of 55
years, the percentage of final compensation payable for each year of
credited service that is subject to this section shall be the product
of 2 percent multiplied by the factor set forth in the following
table for his or her actual age at retirement:

  Age at
  Retirement                          Fraction
  50 ............................      0.713
  50 1/4.........................      0.725
  50 1/2.........................      0.737
  50 3/4.........................      0.749
  51 ............................      0.761
  51 1/4.........................      0.775
  51 1/2.........................      0.788
  51 3/4.........................      0.801
  52 ............................      0.814
  52 1/4.........................      0.828
  52 1/2.........................      0.843
  52 3/4.........................      0.857
  53 ............................      0.871
  53 1/4.........................      0.886
  53 1/2.........................      0.902
  53 3/4.........................      0.917
  54 ............................      0.933
  54 1/4.........................      0.950
  54 1/2.........................      0.966
  54 3/4.........................      0.983
  55 ............................      1.0000
  55 1/4.........................      1.0125
  55 1/2.........................      1.0250
  55 3/4.........................      1.0375
  56 ............................      1.0500
  56 1/4.........................      1.0625
  56 1/2.........................      1.0750
  56 3/4.........................      1.0875
  57 ............................      1.1000
  57 1/4.........................      1.1125
  57 1/2.........................      1.1250
  57 3/4.........................      1.1375
  58 ............................      1.1500
  58 1/4.........................      1.1625
  58 1/2.........................      1.1750
  58 3/4.........................      1.1875
  59 ............................      1.2000
  59 1/4.........................      1.2125
  59 1/2.........................      1.2250
  59 3/4.........................      1.2375
  60 and over ...................      1.2500

   (c) In no event shall the total pension for all service under this
section exceed an amount that, when added to the service retirement
annuity related to that service, equals 80 percent of final
compensation. If the pension relates to service to more than one
employer and would otherwise exceed that maximum, the pension payable
with respect to each employer shall be reduced in the same
proportion as the allowance based on service to that employer bears
to the total allowance computed as though there were no limit, so
that the total of those pensions shall equal the maximum. Where a
state member has service under this section with both state and local
agency employers, the higher maximum shall apply and the additional
benefit shall be funded by increasing the member's pension payable
with respect to the employer for whom the member performed the
service subject to the higher maximum.
   (d) The Legislature reserves, with respect to any member subject
to this section, the right to provide for the adjustment of
industrial disability retirement allowances because of earnings of a
retired person and modification of the conditions and qualifications
required for retirement for disability as it may find appropriate
because of the earlier age of service retirement made possible by the
benefits under this section.
   (e) This section shall apply to a state safety member who is
employed by the state for the first time and becomes a state safety
member of the system on or after the first day of the pay period
following the effective date of this section, and is represented by
State Bargaining Unit 12, 16, 18, or 19. With respect to related
state safety members in managerial, supervisory, or confidential
positions and officers or employees of the executive branch of state
government who are not members of the civil service, the Director of
the Department of Personnel Administration may exercise his or her
discretion whether to approve their status in writing to the board.
   (f) This section does not apply to:
   (1) Former state employees previously employed before the first
day of the pay period following the effective date of this
subdivision, who return to state employment on or after the first day
of the pay period following the effective date of this subdivision.
   (2) State employees hired prior to the first day of the pay period
following the effective date of this subdivision, who were subject
to Section 20281.5 during the first 24 months of state employment.
   (3) State employees hired prior to the first day of the pay period
following the effective date of this subdivision, who become subject
to representation by State Bargaining Unit 12, 16, 18, or 19 on or
after the first day of the pay period following the effective date of
this subdivision.
   (4) State employees on an approved leave of absence employed
before the first day of the pay period following the effective date
of this subdivision, who return to active employment on or after the
first day of the pay period following the effective date of this
subdivision.



21370.  (a) The combined prior and current service pension for local
safety members with respect to service to a contracting agency
subject to this section, upon retirement after attaining 56 years of
age, is a pension derived from contributions of an employer
sufficient, when added to that portion of the service retirement
annuity that is derived from the accumulated normal contributions of
the member at the date of his or her retirement, to equal
one-fiftieth of his or her final compensation set forth opposite his
or her age at retirement taken to the preceding completed quarter
year in the following table, multiplied by the number of years of
service credited to him or her as a local safety member subject to
this section at retirement.
   (b) Upon retirement for service prior to attaining 56 years of
age, the percentage of final compensation payable for each year of
credited service that is subject to this section shall be the product
of 2 percent multiplied by the factor set forth in the following
table for the actual age at retirement:

                                    The percent for
                                     each year of
                                       credited
                                        service
  If retirement occurs at age:            is:
  50 .............................       .8565
  50 1/4..........................       .8650
  50 1/2..........................       .8740
  50 3/4..........................       .8830
  51 .............................       .8920
  51 1/4..........................       .9020
  51 1/2..........................       .9120
  51 3/4..........................       .9222
  52 .............................       .9330
  52 1/4..........................       .9410
  52 1/2..........................       .9490
  52 3/4..........................       .9570
  53 .............................       .9650
  53 1/4..........................       .9675
  53 1/2..........................       .9700
  53 3/4..........................       .9725
  54 .............................       .9750
  54 1/4..........................       .9810
  54 1/2..........................       .9870
  54 3/4..........................       .9935
  55 .............................      1.0000
  55 1/4..........................      1.0435
  55 1/2..........................      1.0870
  55 3/4..........................      1.1310
  56 .............................      1.1750

   (c) This section shall apply only to local police officers and
county peace officers who are local safety members.
   (d) This section shall not apply to persons whose effective date
of retirement is prior to January 1, 1985.
   (e) The Legislature reserves, with respect to any member subject
to this section, the right to provide for the adjustment of
industrial disability retirement allowances because of earnings of a
retired person and modification of the conditions and qualifications
required for retirement for disability as it may find appropriate
because of the earlier age of service retirement made possible by the
benefits under this section.
   (f) The percentage of final compensation provided in this section
shall be reduced by one-third as applied to that part of the member's
final compensation that does not exceed four hundred dollars ($400)
per month for service after the effective date of coverage of a
member under the federal system. This paragraph shall not apply to a
member who retires after the date upon which coverage under the
federal system of persons in his or her employment terminates.
   (g) For members who retire prior to January 1, 2000, in no event
shall the total pension for all service under this section exceed an
amount that, when added to the service retirement annuity related to
the service, equals 75 percent of final compensation. For members who
retire on or after January 1, 2000, the allowance shall not exceed
85 percent of final compensation. If the pension relates to service
for more than one employer and would otherwise exceed the maximum,
the pension payable with respect to each employer shall be reduced in
the same proportion as the allowance based on service to the
employer bears to the total allowance computed as though there were
no limit, so that the total of the pensions shall equal the maximum.
   (h) This section shall only apply as an optional contributory
retirement formula for this system for local safety groups whose
group participated in Federal Old Age and Survivors' Insurance
provisions of the Social Security Act on April 1983.
   (i) This section shall not apply to a contracting agency nor its
employees until the agency and the representative employee
organization agree by memorandum of understanding to be subject to it
by amendment to its contract made in the manner prescribed for
approval of contracts. It shall also be required that the
representative employee organizations agree to be subject to this
provision.
   (j) The operative date of this section with respect to a local
safety member shall be the effective date of the amendment to the
employer's contract electing to be subject to this section. However,
this section shall not apply to any local safety member in the employ
of an employer not subject to this section on January 1, 2000.



21371.  The combined current and prior service pensions, disability
retirement allowance or continued allowance with respect to a retired
member whose effective date of retirement was prior to April 1,
1973, and who was a forestry, warden, or law enforcement member on
March 31, 1973, is his or her current service pension, prior service
pension, or combined prior and current service pension, disability
retirement allowance or continued allowance as it was under this part
as it read and applied to him or her on March 31, 1973, subject to
adjustment under Article 3 (commencing with Section 21310).



21372.  The combined current and prior service pensions of a state
safety member who on March 31, 1973, was a forestry member not
subject to former Section 21252.3, as added by Chapter 131 of the
Statutes of 1970, shall be determined in accordance with this part as
it read and applied to him or her on March 31, 1973, and the member
shall not become subject to Section 21369 or 21369.1 unless he or she
thereafter accepts appointment to a position in another state
department in which he or she is a state safety member, and in that
event he or she shall be subject to Section 21369 or 21369.1, as
applicable, with respect to all of his or her state safety service.




21373.  The combined current and prior service pensions for a state
safety member who on March 31, 1973, was a law enforcement member not
subject to Section 21369, shall be determined in accordance with
this part as it read and applied to him or her on March 31, 1973,
rather than Section 21369 if under those provisions he or she is
entitled to a retirement allowance exceeding 2 percent of final
compensation per year of his or her law enforcement service, unless
he or she elects in writing to be subject to Section 21369 and the
election is filed in the office of the board within 30 calendar days
following April 1, 1973. Any member who does not so elect and
thereafter accepts appointment to a position in another state
department in which he or she is a state safety member shall become
subject, upon that acceptance, to Section 21369 or 21369.1, as
applicable, with respect to all of his or her state safety service.



21374.  The combined current and prior service pensions for a state
safety member who on March 31, 1973, was a warden member shall be
determined in accordance with this part as it read and applied to him
or her on March 31, 1973, if on March 31, 1973, he or she was
either: (a) in compensated employment in which he or she was a warden
member, or (b) on leave of absence from that employment and who
either: (1) has attained the age of 55 years, or (2), if on that date
he or she was subject to former Section 21252.2, as amended by
Chapter 752 of the Statutes of 1969, he or she entered warden service
after attaining the age of 35 years, unless he or she elects in
writing to be subject to Section 21369 and the election is filed in
the office of the board within 30 calendar days following April 1,
1973.
   Any member who thereafter accepts an appointment to a position in
another state department in which he or she is a state safety member
shall become subject to Section 21369 or 21369.1, as applicable, with
respect to all of his or her state safety service.



21375.  Notwithstanding any other provision of law, and with respect
only to an election by a contracting agency to amend its contract to
become subject to Section 21369, 21370, or 21363, instead of Section
21366, the following shall apply:
   (a) Members who are on the amending agency's active payroll on the
effective date of the contract amendment shall elect in writing,
within 90 days after the notification by the board of the amendment,
to be subject to Section 21363, 21366, or 21370, as applicable, or
Section 21369 with respect to all safety service performed for the
contracting agency.
   (b) Members on the effective date who are former employees of the
amending agency and whose service for the amending agency was subject
to Section 21366 or Section 21369, shall retain their rights under
the formula in effect at the time their service was credited.
   (c) Former members who upon reentry into state service elect to
redeposit contributions, shall be subject to Section 21363, 21369, or
21370, as applicable, with respect to all safety service performed
for the amending agency prior to the effective date of the contract
amendment.
   (d) Notwithstanding Section 21357, a former member who reinstates
to the amending agency as a local safety member shall elect within 90
days of the reinstatement whether to be subject to Section 21363,
21369, or 21370, as applicable, or Section 21366 with respect to all
service with that contracting agency prior to the effective date of
the contract amendment. The election shall be effective only if the
reinstated member remains in the employment for at least one year
subsequent to reinstatement.



21376.  Whenever a contracting agency amends its contract to become
subject to Section 21370 instead of Section 21369, a member who
previously elected, pursuant to Section 21375, to remain subject to
Section 21366, or a member who entered employment under Section 21366
after attaining age 30 and continued to be subject to that section,
shall elect in writing within 90 days of notification by the board
whether to be subject to Section 21366 or Section 21370.



21380.  If a state safety member retires for service before
attaining age 55, or, in the case of the member who continues subject
to the current and prior service pension provision for retirement of
warden and forestry members at age 60, his or her prior and current
service pensions shall be reduced to that amount that the value of
the pensions as deferred to age 55, or age 60, respectively, will
purchase at the actual age of retirement on the basis of the
mortality tables and actuarial interest rate in effect on December 1,
1970, under this system with respect to those members.



21381.  (a) The retirement allowance referred to in this section
excludes that portion of a member's service retirement annuity that
was purchased by his or her accumulated additional contributions.
   (b) If a member entitled to credit for prior service retires after
attaining the compulsory age for service retirement applicable to
him or her, or if there is no compulsory age for service retirement
applicable to the member and the member attains age 70, or if a
member is entitled to be credited with 20 years of continuous state
service and retires after attaining age 60, and his or her retirement
allowance is less than one thousand two hundred dollars ($1,200) per
year and less than his or her final compensation, his or her prior
or current service pension, as the case may be, shall be increased so
as to cause his or her total retirement allowance from this system,
and from the retiring annuities system of the university, if any, to
amount to one thousand two hundred dollars ($1,200) per year, or his
or her final compensation, whichever is less.
   If a member to whom this section applies is employed by more than
one employer, his or her aggregate retirement allowances shall be
taken into account irrespective of the employer.



21383.  The prior service pensions for state members are derived
from contributions of the state.



21384.  The prior service pension for local members is a pension
derived from the contributions of the employing contracting agency if
and as provided for in the contract between the board and the
contracting agency.


21385.  The prior service pension of a member reinstated from
service retirement, upon his or her subsequent service retirement,
shall be in the same amount as his or her prior service pension prior
to his or her reinstatement, adjusted for any service on which the
pension was based that was included in coverage of the federal system
during reinstatement according to the formula applicable to the
service in employment from which he or she was retired, and further
adjusted according to any change in the provisions governing the
calculation of the pensions, using the formula applied in the first
adjustment, made after the reinstatement and applicable to pensions
being paid at the date of the change if the subsequent retirement
occurs before he or she renders after his or her reinstatement at
least one year of state service credited under this system.
Otherwise, the prior service pension calculated on the basis of an
age, taken to the preceding completed quarter year but not less than
the minimum retirement age applicable to him or her at his or her
last retirement, and determined by deducting from his or her age at
his or her subsequent retirement, the aggregate time during which he
or she was under retirement. For such a member reinstated from
nonindustrial disability retirement, the prior service pension upon
his or her service retirement after attaining an age one year less
than the minimum age at which he or she could have retired without an
actuarial discount because of age in the employment from which he or
she was last retired, or upon his or her disability retirement after
attaining the minimum age, and subsequent to reinstatement, shall be
calculated in the manners described in the preceding sentence, but
the age determined upon subsequent retirement after rendering at
least one year of state service, shall not be taken at less than one
year less than the minimum age if the subsequent retirement is for
service, or the minimum age if the retirement is for disability.
   The prior service pension otherwise payable under this section to
a member whose allowance prior to reinstatement was paid pursuant to
his or her election under Section 21461 shall be reduced by the
actuarial equivalent, on the date of retirement subsequent to
reinstatement, of the amount, if any (converted as below), by which:
   (a) The total amount paid in the period during which a temporary
annuity was included in the payments, the amount being reduced by the
total amount that would have been payable during the period had the
election not been made; exceeds
   (b) The excess of the total amount that would have been payable,
had the election not been made, during the time subsequent to the
period and prior to reinstatement over the total amount actually paid
during that time.
   The amount determined by the above formula shall be converted to
an amount equaling the actuarial equivalent on the date of
reinstatement. The latter amount shall be the basis of the actuarial
equivalent, on the date of retirement subsequent to reinstatement.
   Actuarial equivalents required by this section shall be based on
the interest rate and mortality tables in use by this system on the
date of retirement subsequent to reinstatement.
   Notwithstanding this section, or any other provision of this part,
the prior service pension payable to any member subject to this
section who rendered one year or more of state service credited under
this system after reinstatement on retirement for service subsequent
to reinstatement from service retirement for any credited service
for which a prior service pension was paid prior to reinstatement
shall not be less than the prior service pension that would be
payable on the date of the subsequent retirement had the member not
been reinstated, adjusted, however, by any reduction under this
section because of an election under Section 21461 and, for any
service so credited that was included in coverage of the federal
system during reinstatement, according to the formula applicable to
the service in employment from which he or she was retired.



21390.  Notwithstanding Sections 21362, 21362.2, 21363, 21363.1,
21369, 21370, and 21389, for local safety members who retire on or
after January 1, 2002, and with respect to all local safety service
rendered to a contracting agency that is subject to any of those
sections, the benefit limit shall be 90 percent of final
compensation.