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

9350.  This chapter may be cited as the Legislators' Retirement Law.



9350.1.  Unless the context otherwise requires, the definitions and
general provisions set forth in this article govern the construction
of this chapter.


9350.2.  "Retirement system" or "this system" means the Legislators'
Retirement System established by this chapter.



9350.3.  "Board of Administration" or "board" means the Board of
Administration of the Public Employees' Retirement System.



9350.4.  "Retirement Fund" or "fund" means the Legislators'
Retirement Fund established by this chapter.



9350.5.  "Member" means any person who is a member of this system.



9350.55.  "Legislative statutory officer" means any of the following
officers who has 10 or more years' full-time state service: (a) the
Secretary of the Senate, (b) the Chief Clerk of the Assembly, (c) the
Sergeant at Arms of the Senate, and (d) the Sergeant at Arms of the
Assembly.


9350.56.  "State service," within the meaning of Sections 9350.55,
9356.15, and 9356.16 means employment with the Legislature or either
house thereof as an officer or employee.



9350.6.  (a) "Compensation" and "salary" mean the remuneration paid
in cash out of funds controlled by the state, excluding mileage,
reimbursement for expenses incurred in the performance of official
duties, any per diem allowance paid in lieu of those expenses and as
limited by Section 9359.05.
   (b) Notwithstanding any other provision of this chapter, for
purposes of computing a retirement allowance or benefit of a Member
of the Legislature, the salary used shall be the highest salary
received by the Member of the Legislature while in office.
   (c) For purposes of calculating a retirement allowance or benefit
pursuant to subdivision (b) of Section 9359.1 for a person who first
enters this system on or after January 1, 2008, as the Insurance
Commissioner or as an elective officer of the state whose office is
provided for by the Constitution other than a judge or a Member of
the Senate or Assembly, the compensation or salary used shall be the
highest average salary received by the member during any consecutive
12-month period of service.



9350.7.  "Regular interest" means interest at the annual rate fixed
by the board, compounded annually, plus such additional interest as
the board may credit from year to year.



9350.8.  "Contributions" means contributions made by a member at the
rate of contribution prescribed in this chapter and not
contributions made by the state unless the context otherwise requires
a different construction.


9350.9.  "Accumulated contributions" means the sum of all
contributions standing to the credit of a member's account, and
interest thereon.


9350.10.  "Net earnings" means the earnings of the retirement fund
less the administrative costs specified in Section 9354 and transfers
to the reserve against deficiencies.



9351.  "Service" means the period of time, computed in years and
fractions thereof, a member has held office as a Member of the Senate
or of the Assembly or as an elective officer of the state in any
office provided for by the Constitution, except that of judge.
"Service," with respect to a legislative statutory officer, shall be
construed to refer to "state service," as defined in Section 9350.56.
   In computing years of service under this act, each full term
served as a Member of the Senate shall be deemed to constitute four
(4) calendar years, each full term served as a Member of the Assembly
shall be deemed to constitute two (2) calendar years, and each
period of service from the commencement of one general session of the
Legislature to the commencement of the next, prior to the term
commencing in 1967, shall be deemed to constitute two (2) calendar
years. Commencing in 1967, each period of service from the
commencement of one regular session of the Legislature to the
commencement of the next shall be deemed to constitute one (1)
calendar year. Commencing in 1973, each period of service from the
commencement of one regular session of the Legislature to the
commencement of the next shall be deemed to constitute two (2)
calendar years. Each full term served as an elective officer of the
state whose office is provided for by the Constitution shall be
deemed to constitute four (4) calendar years.



9351.1.  "Retirement" means withdrawal from membership in this
system with a retirement allowance granted under this chapter.



9351.2.  "Benefit" means the retirement or survivor allowance
granted under this chapter or payment of accumulated contributions or
lump-sum payments with respect to the death of a member.



9351.3.  "Legislator" means a Member of the Assembly or a Member of
the Senate, an elective officer of the state whose office is provided
by the Constitution, the Insurance Commissioner, or a legislative
statutory officer.