2010 California Code
Government Code
Article 1. General Provisions And Definitions

22000.  It is the policy of the Legislature that the protection
afforded employees in positions covered by a retirement system on the
date an agreement under this part is made applicable to service
performed in such positions, or receiving periodic benefits under
such retirement system at such time, will not be impaired as a result
of making the agreement so applicable or as a result of legislative
enactment in anticipation thereof.



22001.  All liabilities and obligations created by Chapter 46 of the
Statutes of 1950, Third Extraordinary Session, and amendments
thereto or by Chapter 10 of the Statutes of 1955, or by any agreement
or modification entered into between the State and the federal
agency, as herein defined, under the authority of said statutes, are
continued in full force and effect the same as if said statutes had
not been repealed.



22002.  Unless the context otherwise requires the definitions and
general provisions set forth in this chapter govern the constructions
of this part.


22003.  Whenever reference is made in this part to any federal law
or regulation or part thereof, the reference applies to all
amendments thereto now or hereafter made.



22004.  "Board" shall have the following meanings: Until July 1,
1955, "board" means the Director of Finance. On and after July 1,
1955, "board" means the Board of Administration of the Public
Employees' Retirement System.


22005.  "Federal agency" means the Department of Health and Human
Services or the Secretary of Health and Human Services, or the
predecessor or successor in function to that department or officer.



22006.  "Agreement" means the agreement or any modification thereof
now, heretofore or hereafter executed by the board with the federal
agency pursuant to this part or Chapter 46 of the Statutes of 1950
(Third Extraordinary Session), Chapter 1569, Statutes of 1951, or
Chapter 10 of Statutes of 1955 and Section 218 of Title II of the
Social Security Act.



22007.  "Eligible employee" means an employee whose services may
under the provisions of Section 218 of Title II of the Social
Security Act and this part be brought under the terms of the
agreement, but not including any employee whose services are excluded
from the agreement by a public agency under paragraph (3) or (5) of
Section 218(c) of the Social Security Act.



22008.  "Eligible retirement system employee" for the purposes of
any referendum with respect to any retirement system has the meaning
given the term "eligible employee" in Section 218(d)(3) of the Social
Security Act.


22009.  "Public agency" means the state, any city, county, city and
county, district, municipal or public corporation or any
instrumentality thereof, or boards and committees established under
Chapter 1 (commencing with Section 58601) or 2 (commencing with
Section 59501) of Part 1 of Division 21 of the Food and Agricultural
Code, Chapter 754 of the Statutes of 1933, as amended, or Chapter 307
of the Statutes of 1935, as amended, the employees of which
constitute one or more coverage groups or retirement system coverage
groups.


22009.01.  "Public agency" also includes any nonprofit corporation
formed for the purpose of operating a coliseum or sports arena for
the general recreational purposes of a city or county.



22009.02.  "Public agency" also includes a county superintendent of
schools whose office the board has determined to be fiscally
independent. As to such office, the county board of education is the
legislative or governing body for purposes of this part.




22009.03.  "Public agency" also includes a school district, a county
superintendent of schools, and a regional occupational center or
program established pursuant to Article 1 (commencing with Section
6500) of Chapter 5 of Division 7 of Title 1, with respect to
employees eligible for membership in the State Teachers' Retirement
Plan.



22009.1.  "Retirement system" includes:
   (a) A pension, annuity, retirement or similar fund or system
established by a public agency and covering only positions of that
agency.
   (b) The Public Employees' Retirement System with respect only to
employees of the state and employees of the University of California
in positions covered by that system.
   (c) The Public Employees' Retirement System with respect to
employees of all school districts in positions covered under each
contract entered into by a county superintendent of schools and the
system.
   (d) The State Teachers' Retirement System with respect to all
employees in positions subject to coverage under the Defined Benefit
Program of the State Teachers' Retirement Plan except employees of a
public agency having any employees in positions covered by that
system who are also in positions covered by a local retirement system
for the retirement of teachers, or for membership in which public
school teachers are eligible, operated by a city, city and county,
county or other public agency or combination of public agencies of
the state.
   (e) The Legislators' Retirement System with respect to all
employees in positions covered by that system.
   (f) The Judges' Retirement System with respect to all employees in
positions covered by that system.
   (g) The University of California Retirement Plan only with respect
to all employees in positions covered by that system.
   (h) The San Francisco Employees' Retirement System with respect to
all employees in positions covered by that system.
   (i) Any other retirement system with respect only to employees of
any two or more of the public agencies having employees in positions
covered by that system, as designated by the board and with regard to
which the board authorizes conduct of a referendum.
   (j) Any retirement system with respect only to employees of a
hospital that is an integral part of a city incorporated between
January 15, 1898, and July 15, 1898, in positions covered by the
system, as designated by the board on request of the city.
   (k) Except as otherwise provided in subdivisions (b) to (j),
inclusive, any retirement system with respect to employees of each of
the public agencies having employees in positions covered by the
system.
   (l) The State Teachers' Retirement System with respect to all
employees of each public agency, as defined by Section 22009.03, in
positions covered by the State Teachers' Retirement Plan.
   (m) Each division or part of a retirement system, as defined in
subdivisions (a), (b), (c), (e), (g), (h), (i), (j), (k), and (l) of
this section, that is divided pursuant to this chapter into two
parts:
   (1) The part composed of the positions of members of the system
who desire coverage under the federal system.
   (2) The part composed of the positions of members of the system
who do not desire coverage under the federal system.



22010.  "Coverage group" has the meaning given that term by Section
218(b)(5) of Title II of the Social Security Act and federal
regulations adopted pursuant thereto.



22011.  "Retirement system coverage group," with respect to any
retirement system, means all employees designated as a coverage group
in Section 218(d)(4) of the Social Security Act for the purposes of
Section 218(c) of the Social Security Act only. The services of
employees in any retirement system coverage group that are included
in an agreement shall then become for all purposes of the agreement
services performed as members of the coverage group to which they
otherwise belong.



22012.  "Federal system" means the insurance system established
under Title II of the Social Security Act.



22013.  "Policeman" as used in this part includes members of the
California Highway Patrol, state safety members of the Public
Employees' Retirement System employed by the Department of Justice,
sheriffs, undersheriffs, deputy sheriffs, marshals and deputy
marshals, and any other employee of a public agency other than the
state or University of California in a position designated as a
policeman's position by the board for the purposes of Section 218(d)
(5)(A) of the Social Security Act.



22013.1.  "Policeman" as used in this part also includes persons
employed in the Department of Fish and Game in connection with its
warden service, whose principal duties consist of active law
enforcement service, including immediate supervision by persons
employed to perform the duties now performed under the titles of
chief and assistant chief of warden service, and captain of patrol
boats for the purposes of Section 218(d)(5)(A) of the Social Security
Act.


22013.2.  "Policeman" as used in this part also includes members of
the Department of the California Highway Patrol who are designated as
peace officers under subdivision (a) of Section 2250.1 of the
Vehicle Code and whose principal duties consist of active law
enforcement.



22013.3.  "Policeman" as used in this part also includes persons
employed in positions set forth in Section 20403 for the purposes of
Section 218(d)(5)(A) of the Social Security Act.



22013.4.  "Policeman" as used in this part also includes persons
designated by Section 31470.6 as persons whose principal duties
consist of "active law enforcement" for the purposes of Section 218
(d)(5)(A) of the Social Security Act.


22013.5.  "Policeman" as used in this part also includes persons
employed as members of a state university or state college police
department who are peace officers and whose principal duties consist
of law enforcement.


22013.6.  "Policeman" as used in this part also includes persons
employed in positions set forth in Sections 20438 and 31469.4 for the
purposes of Section 218(d)(5)(A) of the Social Security Act.
   This section shall be operative only in counties which elect to
terminate the social security coverage of county probation officers
and juvenile hall employees in that county and elect to include such
officers and employees within the safety membership retirement
category.


22013.7.  "Policeman" or "fireman," as used in this part, also
includes persons employed in positions set forth in Sections 20414,
20423.3, 20423.5, and 20441 for the purposes of Section 218(d)(5)(A)
of the Social Security Act (42 U.S.C. Sec. 418(d)(5)(A)).




22013.75.  "Policeman," as used in this part, also includes persons
employed in positions identified in Section 20407 for the purposes of
Section 218(d)(5)(A) of the Social Security Act (42 U.S.C. Sec. 418
(d)(5)(A)).


22013.76.  "Policeman," as used in this part, also includes persons
employed in positions identified in Section 20408 for the purposes of
Section 218(d)(5)(A) of the Social Security Act (42 U.S.C. Sec. 418
(d)(5)(A)).


22013.77.  "Policeman," as used in this part, also includes persons
designated as peace officers by subdivision (e) of Section 20391 for
the purposes of Section 218(d)(5)(A) of Title 42 of the United States
Code.


22013.78.  "Policeman" as used in this part also includes persons
currently employed in classifications listed in Sections 20401.5,
20423.6, 31469.2, 45311, and 53217.6 for purposes of Section 218(d)
(5)(A) of the Social Security Act (42 U.S.C. Sec. 418(d)(5)(A)).




22013.8.  "Policeman" as used in this part also includes persons
employed in classifications listed in Sections 20405 and 20405.1, for
the purposes of Section 218(d)(5)(A) of the Social Security Act (42
U.S.C. Sec. 418(d)(5)(A)).


22013.85.  "Policeman" as used in this part also includes persons
employed in the classification listing in Section 20411 for the
purposes of Section 218(d)(5)(A) of the Social Security Act.



22013.9.  "Policeman" as used in this part also includes persons
employed in positions set forth in Section 20406 for the purposes of
Section 218(d)(5)(A) of the Social Security Act.



22013.95.  "Policeman" or "fireman," as used in this part, also
includes persons employed in positions set forth in Section 20393 for
the purposes of Section 218(d)(5) (A) of the Social Security Act (42
U.S.C. Sec. 418(d)(5)(A)).


22013.955.  "Policeman" as used in this part also includes persons
employed in the classifications set forth in Section 20397 for the
purposes of Section 218(d)(5)(A) of the Social Security Act.



22013.96.  "Policeman" or "fireman," as used in this part, also
includes persons employed in positions set forth in Section 20395, as
amended in 1984 for the purposes of Section 218(d)(5)(A) of the
Social Security Act (42 U.S.C. Sec. 418(d)(5)(A)).




22013.97.  "Policeman" or "fireman," as used in this part, also
includes persons employed in positions set forth in Section 20398 for
the purposes of Section 218(d)(5)(A) of the Social Security Act (42
U.S.C. Sec. 418(d)(5)(A)).


22013.98.  For purposes of Section 218(d)(5)(A) of the Social
Security Act (42 U.S.C. Sec. 418(d)(5)(A)):
   (a) "Fireman," as used in this part, also includes any employee of
the City of Long Beach Fire Department employed in the Marine Safety
Division to perform lifeguard services and whose principal duties
consist of active protection, rescue, and rendition of aid or
assistance to persons injured or imperiled at beaches, lakes, flood
control systems, rivers, or other bodies of open water. "Fireman"
also includes employees hired to perform duties under the titles of
"Superintendent of Marine Safety," "Marine Safety Officer," "Marine
Safety Captain," "Marine Safety Sergeant/Boat Operators," or any
equivalent successor class, of which the principal duties are
customarily performed by police peace officers and include the
maintenance of peace and order and the apprehension of law violators,
and whose other duties are customarily performed by firemen, such as
resuscitation work involving the use of special equipment.
   (b) "Fireman" as used in this part, excludes persons employed on a
seasonal basis or persons who perform clerical, maintenance
activities, and others whose primary duties do not include active
life guarding or life saving services as described in subdivision
(a), even if those persons are occasionally called upon to perform
life guarding or life saving services.



22013.10.  "Policeman" as used in this part, also includes persons
employed in positions set forth in Section 20415 for the purposes of
Section 218(d)(5)(A) of the Social Security Act (42 U.S.C. Sec. 418
(d)(5)(A)).


22013.11.  "Policeman" or "fireman," as used in this part, also
includes persons employed in positions set forth in Sections 20409
and 20410 for the purposes of Section 218(d)(5)(A) of the Social
Security Act (42 U.S.C. Sec. 418(d)(5)(A)).




22014.  "Fireman" as used in this part means any employee of the
Division of Forestry, Department of Conservation, employed to perform
duties now performed under the following titles: State Forester; all
classes of rangers; all classes of deputy state foresters; all
classes of fire prevention and law enforcement officers; all classes
of foresters; all classes of forestry foreman; all classes of
forestry trainees; all classes of forestry equipment and civil
engineers; forestry superintendent, conservation camps; forest
firetruck driver; forestry fireman; forest firefighter; equipment
maintenance foreman or forestry equipment operator; or employed in
any other position the principal duties of which consist of active
fire suppression, and any employee of a public agency other than the
state or University of California in a position designated as a
fireman's position by the board for the purposes of Section 218(d)(5)
(A) of the Social Security Act.


22014.1.  "Fireman" as used in this part also means any officer or
employee of a county having a population in excess of 5,000,000 who
is employed by the forestry division of the county fire department
and whose principal duties consist of active fire suppression for the
purposes of Section 218(d)(5)(A) of the Social Security Act.




22014.5.  "Fireman" as used in this part includes persons employed
as "campus firefighter" and other persons employed in positions
described in Section 20412 for the purposes of Section 218(d)(5)(A)
of the Social Security Act.


22015.  "Member," with respect to any retirement system, for the
purposes provided in Section 218 (d)(6)(E) of the Social Security
Act, shall include in addition to a member of the system any
nonmember in a position in which he may elect membership.




22016.  For the purposes of this part, persons employed by a county
superintendent of schools and whose salaries are paid from the county
school service fund are county employees, except that in any county
where it has been determined by the board that the office of the
county superintendent of schools is a separate public agency, in
which case such persons are employees of the county superintendent of
schools. The cost of any elections and the employer's contribution
for such employees under this part are proper charges against the
county school service fund and such contribution shall be
requisitioned and paid to the state as provided in Section 22550.5 of
this code.
   This section does not constitute a change in, but is declaratory
of, preexisting law and all action heretofore taken by a county board
of supervisors for coverage under the federal system of employees of
the county superintendent of schools whose salaries are paid from
the county school service fund, in accordance with state and federal
law, is hereby ratified, confirmed and validated.



22017.  Notwithstanding any other provision of law, the state and
any public agency may establish a separate object of appropriation or
a subobject of appropriation within salaries and employee benefits
for the payment of compensation to employees who are on approved
leaves of absence on account of sickness. The amount of compensation
to be paid to employees under this object or subobject shall be that
established by statute, salary ordinance or statement, except that no
compensation shall be paid when an employee is on authorized leave
without pay even though such leave may be on account of sickness.



22018.  (a) It is the intent of the Legislature that, to the extent
possible, members of the State Teachers' Retirement Plan earn credit
towards Medicare coverage.
   (b) In accomplishing the goal specified in subdivision (a), the
board shall make available to school districts, community college
districts, and county superintendents of schools information
concerning the procedure for earning credit for social security
coverage for school related service not credited under the Teachers'
Retirement Law.