reglab/statecodes huggingface dataset:
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 3 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › CHAPTER 12 - Retirement from Employment › ARTICLE 2 - Second Tier Retirement State › Section 21073.5.

21073.5. A state Second Tier member, who meets the eligibility definition prescribed in subdivision (c) of Section 21071 may elect to be subject to Section 21353.5 at any time while he or she is in the employment of the state. Upon becoming subject to Section 21353.5, the active member may elect to have his or her past Second Tier service credited under Section 21353.5. A member who elects to receive credit for past service shall pay all reasonable administrative costs and the amount that will be equivalent to the difference between the actuarial present value of the Second Tier service that had accrued to the member’s credit and the actuarial present value for the same service had it been credited under Section 21353.5, including interest if deemed necessary, in accordance with the method to be established by the board. The amount shall be contributed in a lump sum or by installments over a period and subject to minimum payments as may be prescribed by regulations of the board. Payments for administrative costs shall be credited to the current appropriation for support of the board and available for expenditures by the board to fund positions deemed necessary by the board to implement this section.
(Added by Stats. 1998, Ch. 91, Sec. 62. Effective July 3, 1998. Superseded on operative date of amendment by Stats. 1999, Ch. 555.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 3 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › CHAPTER 12 - Retirement from Employment › ARTICLE 2 - Second Tier Retirement State › Section 21073.5.

21073.5. A state Second Tier member, who meets the eligibility definition prescribed in subdivision (c) of Section 21071 may elect to be subject to Section 21353.5 while he or she is in the employment of the state. Upon becoming subject to Section 21353.5, the active member may elect, prior to January 1, 2000, to have his or her past Second Tier service credited under Section 21353.5. A member who elects to receive credit for past service shall pay all reasonable administrative costs and the amount that will be equivalent to the difference between the actuarial present value of the Second Tier service that had accrued to the member’s credit and the actuarial present value for the same service had it been credited under Section 21353.5, including interest if deemed necessary, in accordance with the method to be established by the board. The amount shall be contributed in a lump sum or by installments over a period and subject to minimum payments as may be prescribed by regulations of the board. Payments for administrative costs shall be credited to the current appropriation for support of the board and available for expenditures by the board to fund positions deemed necessary by the board to implement this section.
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.
(Amended (as added by Stats. 1998, Ch. 91) by Stats. 1999, Ch. 555, Sec. 23. Effective January 1, 2000. Pursuant to the last paragraph, amendment is conditionally operative as prescribed in Section 21251.13.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 3 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › CHAPTER 12 - Retirement from Employment › ARTICLE 2 - Second Tier Retirement State › Section 21073.6.

21073.6. (a) The election provided to eligible members pursuant to subdivision (c) of Section 21071, to be subject to the service retirement formula prescribed in Section 21353.5, shall be subject to conditions to be established and communicated by the board.
(b) The election provided to eligible members pursuant to Section 21073.5, to have the member’s past Second Tier service credited under Section 21353.5, shall first be available no earlier than January 1, 1999, subject to the election procedures to be established and communicated by the board.
(1) Notwithstanding Section 21073.5 which limits to active members the election provided pursuant to Section 21353.5, this election shall also be provided to a member who retired between the date he or she became eligible under subdivision (c) of Section 21071 and the date the election was actually made available by the board.
(2) Notwithstanding Section 21073.5 which limits to active members the election provided pursuant to Section 21353.5, this election shall also be provided to the beneficiary eligible for a continuing allowance upon the death of a member, provided the member had been determined to be eligible under subdivision (c) of Section 21071 but had died before making the election that would have been provided by the board.
(3) The election provided under paragraph (1) or (2) shall be made within 60 days of the mailing date on the election notice sent by the board to the retired member or the member’s beneficiary.
(Added by Stats. 1998, Ch. 88, Sec. 63. Effective June 30, 1998. See identical section added by Stats. 1998, Ch. 91.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 3 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › CHAPTER 12 - Retirement from Employment › ARTICLE 2 - Second Tier Retirement State › Section 21073.6.

21073.6. (a) The election provided to eligible members pursuant to subdivision (c) of Section 21071, to be subject to the service retirement formula prescribed in Section 21353.5, shall be subject to conditions to be established and communicated by the board.
(b) The election provided to eligible members pursuant to Section 21073.5, to have the member’s past Second Tier service credited under Section 21353.5, shall first be available no earlier than January 1, 1999, subject to the election procedures to be established and communicated by the board.
(1) Notwithstanding Section 21073.5 which limits to active members the election provided pursuant to Section 21353.5, this election shall also be provided to a member who retired between the date he or she became eligible under subdivision (c) of Section 21071 and the date the election was actually made available by the board.
(2) Notwithstanding Section 21073.5 which limits to active members the election provided pursuant to Section 21353.5, this election shall also be provided to the beneficiary eligible for a continuing allowance upon the death of a member, provided the member had been determined to be eligible under subdivision (c) of Section 21071 but had died before making the election that would have been provided by the board.
(3) The election provided under paragraph (1) or (2) shall be made within 60 days of the mailing date on the election notice sent by the board to the retired member or the member’s beneficiary.
(Added by Stats. 1998, Ch. 91, Sec. 63. Effective July 3, 1998.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 3 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › CHAPTER 12 - Retirement from Employment › ARTICLE 2 - Second Tier Retirement State › Section 21073.7.

21073.7. (a) A member subject to the Second Tier benefits provided in Section 21076 or 21077 who is employed by the state on or after January 1, 2000, may make an irrevocable election, to be filed with the board, to be subject to the First Tier benefits provided in Section 21354.1 and to make the contributions specified in Section 20677. An election to be subject to Section 21354.1 may be made at any time prior to retirement and shall be signed by the member’s spouse. An election shall be effective the first day of the month following the date the election is received by the system and shall be applicable to state service rendered on and after that date. However an election made by a member who retires prior to or on the first day of the month following the system’s receipt of the election shall be effective one day prior to the effective date of the member’s retirement.
(b) A member who is employed by the state on or after January 1, 2000, with past service credited under the Second Tier may make an irrevocable election, at any time prior to retirement, to have his or her past Second Tier service credited under Section 21354.1 by making contributions specified in Section 21073.1. This subdivision shall not apply to a Second Tier member eligible to make the election provided in subdivision (a) until after the effective date of that election.
(c) A member subject to modified First Tier benefits pursuant to Section 21353.5 shall become subject to Section 21353 or 21354.1, as applicable, and make contributions as specified in Section 20677. The member’s past service and contributions credited as modified First Tier under Section 21353.5 shall be converted to First Tier service and contributions and shall be subject to Section 21353 or 21354.1, as applicable. Contributions previously credited as modified First Tier and withdrawn by the member may be redeposited under the conditions specified in Section 20750, with the service credit and contributions subject to Section 21353 or 21354.1, as applicable.
(d) Operation and application of this section is subject to the limitations set forth in Section 21251.13.
(Amended by Stats. 2001, Ch. 21, Sec. 10. Effective June 25, 2001. Amendment applicable from January 1, 2000, by Sec. 37 of Ch. 21. Pursuant to subd. (d), this section is conditionally operative as prescribed in Section 21251.13.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 3 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › CHAPTER 12 - Retirement from Employment › ARTICLE 2 - Second Tier Retirement State › Section 21074.

21074. (a) A state member who became subject to the Second Tier shall be retired for service upon his or her written application to the board if he or she has attained age 55 and is credited with 10 years of state service.
(b) A state member who elected coverage under Section 21077, shall be retired for service upon his or her written application to the board if he or she has attained 50 years of age if subject to Section 21076 and is credited with five years of state service. No benefit shall be payable for service rendered under the Second Tier retirement formula unless the member has rendered 10 years of state service except as provided in subdivision (c).
(c) Notwithstanding subdivision (a) or (b), a state member in the Second Tier who is credited with five years of state service prior to January 1, 1985, may retire with less than 10 years of state service upon his or her written application to the board if he or she has attained age 50.
(Amended by Stats. 2014, Ch. 237, Sec. 4. (AB 2472) Effective January 1, 2015.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 3 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › CHAPTER 12 - Retirement from Employment › ARTICLE 2 - Second Tier Retirement State › Section 21075.

21075. Notwithstanding Section 20340, a person who is subject to Section 21076, 21076.5, or Section 21077 ceases to be a member if he or she has less than 10 years of service credit and no accumulated contributions in the retirement fund at the time of termination of service, except a member who had five years of credited service prior to January 1, 1985.
(Amended by Stats. 2014, Ch. 237, Sec. 5. (AB 2472) Effective January 1, 2015.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 3 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › CHAPTER 12 - Retirement from Employment › ARTICLE 2 - Second Tier Retirement State › Section 21077.

21077. (a) The service retirement allowance for a state miscellaneous or state industrial member who elects to be subject to this section shall be: the sum of the allowance for service rendered under the Second Tier retirement formula, computed pursuant to Section 21076, added to the allowance for service rendered as a state miscellaneous or state industrial member covered under the First Tier formula, computed pursuant to Section 21353 or 21354.1, as applicable.
(b) This section shall not apply to a National Guard member.
(Amended by Stats. 2007, Ch. 355, Sec. 24. Effective January 1, 2008.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 3 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › CHAPTER 12 - Retirement from Employment › ARTICLE 3 - Second Tier Retirement Contracting Agencies › Section 21090.

21090. (a) The governing body of a contracting agency may establish a two-tiered retirement system developed by the board .
(b) It is the intent of the Legislature to make a two-tiered retirement system a matter for bargaining pursuant to provisions of law relating to employer-employee relations.
(Amended by Stats. 1996, Ch. 906, Sec. 133. Effective January 1, 1997.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 3 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › CHAPTER 12 - Retirement from Employment › ARTICLE 3 - Second Tier Retirement Contracting Agencies › Section 21091.

21091. (a) Contracting agencies as defined in Section 20022, some or all of whose employees are miscellaneous members included in the federal system, may amend their contracts with the board to provide an alternate level of benefits pursuant to this article. The alternate level of benefits shall be provided to all local miscellaneous members of a contracting agency whose services are also covered under the federal system who first become members of this system on and after the contract amendment effective date and shall be made available by election to eligible members also covered under the federal system who were employees of the contracting agency prior to the effective date of the employer’s contract amendment as specified in Section 21099.
(b) This article shall not apply to any agency with a memorandum of understanding that precludes any changes in the retirement coverage of the employee bargaining unit subject to that agreement.
(Amended by Stats. 1996, Ch. 906, Sec. 134. Effective January 1, 1997.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 3 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › CHAPTER 12 - Retirement from Employment › ARTICLE 3 - Second Tier Retirement Contracting Agencies › Section 21092.

21092. (a) The normal rate of contribution for a local miscellaneous member subject to this article shall be 2 percent of compensation paid the member. A contracting agency may pay all or a portion of the member’s normal contributions, pursuant to Section 20691.
(b) Notwithstanding subdivision (a), a new member, as defined in Section 7522.04, shall have a contribution rate of at least 50 percent of the normal cost, pursuant to Section 7522.30.
(Amended by Stats. 2013, Ch. 526, Sec. 22. (SB 220) Effective January 1, 2014.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 3 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › CHAPTER 12 - Retirement from Employment › ARTICLE 3 - Second Tier Retirement Contracting Agencies › Section 21093.

21093. (a) Except as provided in subdivision (b), a local miscellaneous member subject to this article may be retired for service upon his or her written application to the board if he or she has attained age 55 and is credited with five years of service.
(b) Any person who was a member of this system prior to the effective date of the employer’s contract amendment to be subject to this article, and who elects to become subject to this article, may be retired for service upon his or her written application to the board if he or she has attained age 50 and is credited with five years of combined service.
(Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 3 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › CHAPTER 12 - Retirement from Employment › ARTICLE 3 - Second Tier Retirement Contracting Agencies › Section 21094.

21094. (a) The service retirement allowance for a local miscellaneous member subject to this article shall be calculated in accordance with Section 21100.
(b) “Final compensation” for purposes of determining any benefits payable under this part for any local miscellaneous member service subject to this article shall be as defined by Section 20037 and shall not be reduced by any fraction or amount due to the inclusion in the federal system.
(Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 3 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › CHAPTER 12 - Retirement from Employment › ARTICLE 3 - Second Tier Retirement Contracting Agencies › Section 21095.

21095. (a) Participation in the plan afforded by this article shall be made available to any employee who was included in the federal system and who was a member of this system prior to the effective date of the employer’s contract amendment to be subject to this article. The election shall be irrevocable, shall be effective on the first day of the pay period following the member’s election, and shall apply to all future service rendered by the member with that agency. Each contracting agency shall ensure each eligible member receives sufficient information to permit an informed election, is counseled regarding the benefits provided by this article, and receives an election document. The election document shall be filed with the contracting agency, and the contracting agency shall report the member’s irrevocable election to the board.
(b) A member subject to this article shall be subject to all other provisions of this part. However, in the event of a conflict, this article shall supersede and prevail over other provisions contained in this part.
(Amended by Stats. 2006, Ch. 538, Sec. 296. Effective January 1, 2007.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 3 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › CHAPTER 12 - Retirement from Employment › ARTICLE 3 - Second Tier Retirement Contracting Agencies › Section 21096.

21096. The employer contribution rate of a contracting agency subject to this article shall be determined by the board as otherwise provided by this part.
(Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 3 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › CHAPTER 12 - Retirement from Employment › ARTICLE 3 - Second Tier Retirement Contracting Agencies › Section 21097.

21097. (a) The monthly allowances payable to members based on service subject to this article shall be annually adjusted pursuant to Section 21329.
(b) The percentage of the amount of his or her retirement allowance as it was at his or her death payable based on service credited to him or her as a member subject to Section 21624, for a member subject to this article, shall be 25 percent.
(Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 3 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › CHAPTER 12 - Retirement from Employment › ARTICLE 3 - Second Tier Retirement Contracting Agencies › Section 21098.

21098. The disability retirement pension for local miscellaneous service subject to this article shall be one of the following:
(a) Ninety percent of the factor applicable at age 65 as set forth in Section 21094 times final compensation multiplied by the number of years of service credited to him or her.
(b) If the disability retirement allowance computed under subdivision (a) does not exceed one-third of his or her final compensation, 90 percent of the benefit that would be payable to the member had the member continued in employment until age 65 but in that case the retirement allowance shall not exceed one-third of the final compensation. This subdivision is not applicable to members who are not entitled, at the time of retirement, to be credited with at least 10 years of service.
(c) If the disability retirement allowance is derived from this section and Section 21423, and would otherwise exceed the maximums provided by these sections, the pension payable with respect to each section shall be reduced in the same proportion as the allowance computed as though there was no limit, so that the total of the pensions shall equal the maximum allowed.
(Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 3 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › CHAPTER 12 - Retirement from Employment › ARTICLE 3 - Second Tier Retirement Contracting Agencies › Section 21099.

21099. This article 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 article 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 article.
(Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 3 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › CHAPTER 12 - Retirement from Employment › ARTICLE 4 - Reduced Worktime for Partial Service Retirement › Section 21110.

21110. It is the intent of the Legislature that reduced worktime for partial service retirement may, at the discretion of a public agency employer, be made available to public agency employees eligible pursuant to Section 21111 who do not desire to work standard working hours on a full-time basis.
(Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 3 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › CHAPTER 12 - Retirement from Employment › ARTICLE 4 - Reduced Worktime for Partial Service Retirement › Section 21111.

21111. Any public agency employee, who is a local member of this system working standard hours on a full-time basis, and who is eligible to retire pursuant to Section 21118, may elect to participate in reduced worktime for partial service retirement pursuant to Sections 21110 through 21115.
(Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 3 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › CHAPTER 12 - Retirement from Employment › ARTICLE 4 - Reduced Worktime for Partial Service Retirement › Section 21112.

21112. “Reduced worktime for partial service retirement” means any arrangement of worktime agreeable to both the public agency employer and the employee that aggregates no less, on a monthly basis, than a 20 percent reduction nor more than a 60 percent reduction from what would in that position be considered full-time employment, combined with the concurrent payment of proportionally reduced compensation and proportionally reduced retirement benefits.
(Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 3 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › CHAPTER 12 - Retirement from Employment › ARTICLE 4 - Reduced Worktime for Partial Service Retirement › Section 21113.

21113. (a) A public agency employee who voluntarily reduces his or her worktime for partial service retirement pursuant to Sections 21110 through 21115, and who subsequently returns to a full-time work schedule pursuant to the policy of the public agency employer, shall be ineligible for five years thereafter to again participate pursuant to those sections. The public agency employer may require a participating employee to return to full-time employment only in the event of an emergency requiring his or her full-time service.
(b) A public agency employee who is participating pursuant to Sections 21110 through 21115 in reduced worktime for partial service retirement may: (1) elect only once in each fiscal year to further reduce his or her worktime; (2) elect only once in five years to increase his or her worktime to another less than full-time schedule.
(Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 3 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › CHAPTER 12 - Retirement from Employment › ARTICLE 4 - Reduced Worktime for Partial Service Retirement › Section 21114.

21114. All persons employed in reduced worktime positions for partial service retirement pursuant to Sections 21110 through 21115 shall receive proportionally reduced compensation and, on a pro rata basis, all benefits customarily available to full-time employees of a public agency in similar classes or positions in accordance with the personnel policies of the public agency employer or pursuant to provisions of a memorandum of understanding reached pursuant to Chapter 10 (commencing with Section 3500) of Division 4 of Title 1.
(Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 3 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › CHAPTER 12 - Retirement from Employment › ARTICLE 4 - Reduced Worktime for Partial Service Retirement › Section 21115.

21115. A public agency employer may elect to make Sections 21110 through 21115 applicable to the agency and if it does so, the public agency employer shall establish other personnel policies or guidelines required for the administration of the reduced worktime for partial retirement program within the agency.
(Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 3 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › CHAPTER 12 - Retirement from Employment › ARTICLE 4 - Reduced Worktime for Partial Service Retirement › Section 21116.

21116. Except as otherwise expressly provided, and notwithstanding Section 20060, state miscellaneous members participating in reduced worktime for partial service retirement pursuant to Article 1.7 (commencing with Section 19996.30) of Chapter 7 of Part 2.6 or local members participating in reduced worktime for partial service retirement pursuant to Sections 21110 through 21115, shall be considered members and shall not be considered retired, until they elect to become fully retired.
(Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 3 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › CHAPTER 12 - Retirement from Employment › ARTICLE 4 - Reduced Worktime for Partial Service Retirement › Section 21117.

21117. A state miscellaneous member or industrial member, other than a university member, shall be partially retired for service upon his or her written application to the board if he or she has elected to participate in partial service retirement pursuant to Article 1.7 (commencing with Section 19996.30) of Chapter 7 of Part 2.6, and has attained the applicable normal retirement age as prescribed by regulations of the board.
(Amended by Stats. 2009, Ch. 130, Sec. 26. (AB 966) Effective January 1, 2010.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 3 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › CHAPTER 12 - Retirement from Employment › ARTICLE 4 - Reduced Worktime for Partial Service Retirement › Section 21117.5.

21117.5. Notwithstanding any other provision of law, a person who is solely a National Guard member shall not be partially retired for service, nor shall service with the California National Guard be used to qualify for benefits as described in Section 21117.
(Added by Stats. 2007, Ch. 355, Sec. 25. Effective January 1, 2008.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 3 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › CHAPTER 12 - Retirement from Employment › ARTICLE 4 - Reduced Worktime for Partial Service Retirement › Section 21118.

21118. (a) A local member shall be partially retired for service upon his or her written application to the board if he or she has elected to participate in partial service retirement pursuant to Sections 21110 through 21115, provided he or she has attained the applicable normal retirement age as prescribed by regulations of the board.
(b) This section shall not apply to a contracting agency or its employees until the contracting agency elects to be subject to it by amendment to its contract made in a 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 member shall be the effective date of the amendment to his or her employer’s contract electing to be subject to this section.
(Amended by Stats. 2009, Ch. 130, Sec. 27. (AB 966) Effective January 1, 2010.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 3 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › CHAPTER 12 - Retirement from Employment › ARTICLE 4 - Reduced Worktime for Partial Service Retirement › Section 21119.

21119. Article 3 (commencing with Section 21310) of Chapter 13, relating to cost-of-living adjustments, shall not apply to an employee who is participating in reduced worktime for partial service retirement.
(Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 3 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › CHAPTER 12 - Retirement from Employment › ARTICLE 4 - Reduced Worktime for Partial Service Retirement › Section 21120.

21120. Section 21546 shall apply to any member while in state service in partial service retirement.
(Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 3 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › CHAPTER 12 - Retirement from Employment › ARTICLE 5 - Compulsory Retirement › Section 21130.

21130. (a) Every patrol member subject to Section 21362, 21362.2, or 21363.1, as applicable, shall be retired on the first day of the calendar month succeeding that in which he or she attains the age of 60 years.
(b) This section shall be operative April 1, 2019.
(Amended (as added by Stats. 2013, Ch. 778, Sec. 4) by Stats. 2017, Ch. 20, Sec. 3. (AB 115) Effective June 27, 2017. Section operative April 1, 2019, by its own provisions.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 3 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › CHAPTER 12 - Retirement from Employment › ARTICLE 5 - Compulsory Retirement › Section 21131.

21131. Notwithstanding any other provision of law, a local contracting agency may amend its contract to fix a mandatory retirement age for local safety members attaining the age of 60 when the agency also has established that the age of a safety member is a bona fide occupational qualification reasonably necessary to the normal operation of the principal services provided by safety members.
(Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 3 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › CHAPTER 12 - Retirement from Employment › ARTICLE 5 - Compulsory Retirement › Section 21132.

21132. Every state safety member shall be retired on the first day of the calendar month succeeding that in which he or she attains age 65. Every member who has attained age 65 when he or she becomes a state safety member shall be retired on the first day of the following month.
This section shall not apply to members represented by State Bargaining Unit 16 or State Bargaining Unit 19.
(Amended by Stats. 2006, Ch. 237, Sec. 6. Effective September 13, 2006.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 3 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › CHAPTER 12 - Retirement from Employment › ARTICLE 6 - Disability Retirement › Section 21150.

21150. (a) A member incapacitated for the performance of duty shall be retired for disability pursuant to this chapter if he or she is credited with five years of state service, regardless of age, unless the person has elected to become subject to Section 21076, 21076.5, or 21077.
(b) A member subject to Section 21076, 21076.5, or 21077 who becomes incapacitated for the performance of duty shall be retired for disability pursuant to this chapter if he or she is credited with 10 years of state service, regardless of age, except that a member may retire for disability if he or she had five years of state service prior to January 1, 1985.
(c) For purposes of this section, “state service” includes service to the state for which the member, pursuant to Section 20281.5, did not receive credit.
(Amended by Stats. 2013, Ch. 526, Sec. 23. (SB 220) Effective January 1, 2014.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 3 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › CHAPTER 12 - Retirement from Employment › ARTICLE 6 - Disability Retirement › Section 21151.

21151. (a) Any patrol, state safety, state industrial, state peace officer/firefighter, or local safety member incapacitated for the performance of duty as the result of an industrial disability shall be retired for disability, pursuant to this chapter, regardless of age or amount of service.
(b) This section also applies to local miscellaneous members if the contracting agency employing those members elects to be subject to this section by amendment to its contract.
(c) This section also applies to all of the following:
(1) State miscellaneous members employed by the Department of Justice who perform the duties now performed in positions with the class title of Criminalist (Class Code 8466), or Senior Criminalist (Class Code 8478), or Criminalist Supervisor (Class Code 8477), or Criminalist Manager (Class Code 8467), Latent Print Analyst I (Class Code 8460), Latent Print Analyst II (Class Code 8472), or Latent Print Supervisor (Class Code 8473).
(2) State miscellaneous members employed by the Department of the California Highway Patrol who perform the duties now performed in positions with the class title of Communications Operator I, California Highway Patrol (Class Code 1663), Communications Operator II, California Highway Patrol (Class Code 1664), Communications Supervisor I, California Highway Patrol (Class Code 1662), or Communications Supervisor II, California Highway Patrol (Class Code 1665).
(3) State miscellaneous members whose disability resulted under the conditions specified in Sections 20046.5 and 20047.
(4) State miscellaneous members in State Bargaining Unit 12 employed by the Department of Transportation, if a memorandum of understanding has been agreed to by the state employer and the recognized employee organization making this paragraph applicable to those members.
(d) This section does not apply to local safety members described in Section 20423.6, unless this section has been made applicable to local miscellaneous members pursuant to subdivision (b).
(e) This section does not apply to state safety members described in Section 20401.5.
(Amended by Stats. 2005, Ch. 328, Sec. 7. Effective January 1, 2006.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 3 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › CHAPTER 12 - Retirement from Employment › ARTICLE 6 - Disability Retirement › Section 21152.

21152. Application to the board for retirement of a member for disability may be made by:
(a) The head of the office or department in which the member is or was last employed, if the member is a state member other than a university member.
(b) The university if the member is an employee of the university.
(c) The governing body, or an official designated by the governing body, of the contracting agency, if the member is an employee of a contracting agency.
(d) The member or any person in his or her behalf.
(Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 3 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › CHAPTER 12 - Retirement from Employment › ARTICLE 6 - Disability Retirement › Section 21153.

21153. Notwithstanding any other provision of law, an employer may not separate because of disability a member otherwise eligible to retire for disability but shall apply for disability retirement of any member believed to be disabled, unless the member waives the right to retire for disability and elects to withdraw contributions or to permit contributions to remain in the fund with rights to service retirement as provided in Section 20731.
(Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 3 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › CHAPTER 12 - Retirement from Employment › ARTICLE 6 - Disability Retirement › Section 21154.

21154. The application shall be made only (a) while the member is in state service, or (b) while the member for whom contributions will be made under Section 20997, is absent on military service, or (c) within four months after the discontinuance of the state service of the member, or while on an approved leave of absence, or (d) while the member is physically or mentally incapacitated to perform duties from the date of discontinuance of state service to the time of application or motion. On receipt of an application for disability retirement of a member, other than a local safety member with the exception of a school safety member, the board shall, or of its own motion it may, order a medical examination of a member who is otherwise eligible to retire for disability to determine whether the member is incapacitated for the performance of duty. On receipt of the application with respect to a local safety member other than a school safety member, the board shall request the governing body of the contracting agency employing the member to make the determination.
(Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 3 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › CHAPTER 12 - Retirement from Employment › ARTICLE 6 - Disability Retirement › Section 21155.

21155. If the board requests a person to submit to a medical examination, he or she shall be entitled to reimbursement for expenses of transportation, and meals and lodging incident to the examination if he or she is required to travel more than 50 miles one way. Standard per diem rates in effect for state employees as authorized by current law shall be used for the reimbursement; provided, that higher costs of lodging may be paid if supported by receipt and determined necessary by the board. “Expenses of transportation” with respect to the use of private transportation includes mileage fees from the person’s home to the place of examination and back to a maximum of 300 miles round trip or within the state at the appropriate current rate per mile authorized to state employees for use of private vehicles in accordance with current law plus bridge tolls. The per diem and mileage may be paid to the person by this system at the time he or she is given notification of the time and place of examination.
(Amended by Stats. 1996, Ch. 907, Sec. 8. Effective January 1, 1997.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 3 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › CHAPTER 12 - Retirement from Employment › ARTICLE 6 - Disability Retirement › Section 21156.

21156. (a) (1) If the medical examination and other available information show to the satisfaction of the board, or in case of a local safety member, other than a school safety member, the governing body of the contracting agency employing the member, that the member in the state service is incapacitated physically or mentally for the performance of his or her duties and is eligible to retire for disability, the board shall immediately retire him or her for disability, unless the member is qualified to be retired for service and applies therefor prior to the effective date of his or her retirement for disability or within 30 days after the member is notified of his or her eligibility for retirement on account of disability, in which event the board shall retire the member for service.
(2) In determining whether a member is eligible to retire for disability, the board or governing body of the contracting agency shall make a determination on the basis of competent medical opinion and shall not use disability retirement as a substitute for the disciplinary process.
(b) (1) The governing body of a contracting agency upon receipt of the request of the board pursuant to Section 21154 shall certify to the board its determination under this section that the member is or is not incapacitated.
(2) The local safety member may appeal the determination of the governing body. Appeal hearings shall be conducted by an administrative law judge of the Office of Administrative Hearings pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of this title.
(Amended by Stats. 2008, Ch. 370, Sec. 3. Effective January 1, 2009.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 3 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › CHAPTER 12 - Retirement from Employment › ARTICLE 6 - Disability Retirement › Section 21157.

21157. The governing body of a contracting agency shall make its determination within six months of the date of the receipt by the contracting agency of the request by the board pursuant to Section 21154 for a determination with respect to a local safety member.
A local safety member may waive the requirements of this section.
(Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 3 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › CHAPTER 12 - Retirement from Employment › ARTICLE 6 - Disability Retirement › Section 21158.

21158. Upon the receipt by the board of an application for disability retirement with respect to a state peace officer/firefighter member, state patrol member, or a state safety member, the board shall inform both the employer and the member of all information required for the board to make its determination. The board shall make its determination within three months of the receipt by the board of all information required to make a determination for disability retirement on an application submitted by a state peace officer/firefighter member, state patrol member, or a state safety member for disability retirement pursuant to this article.
(Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 3 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › CHAPTER 12 - Retirement from Employment › ARTICLE 6 - Disability Retirement › Section 21159.

21159. (a) Notwithstanding any other provision of law, a state member shall not be retired for industrial disability for an illness or injury that occurs on or after January 1, 1993, unless the member is incapacitated for the performance of duty in any employment with the state employer and the disability is of permanent or extended and uncertain duration, as determined by the Department of Human Resources. This section shall only apply to state safety, state industrial, and state miscellaneous members employed in any state bargaining units for which a memorandum of understanding has been agreed to by the state employer and the recognized employee organization to become subject to this section. The Director of Human Resources may adopt rules regarding job placement and other related activities necessary for the administration of this section and Section 21195.
(b) A state member who, because of the enactment of this section is no longer eligible to retire for industrial disability and accepts alternate employment with the state in which the compensation is less than that received in the position held at the time of the illness or injury, shall, upon certification of the Department of Human Resources to the board, become entitled to benefits under the partial disability retirement program set forth in Section 21160.
(c) The employee shall have the right of appeal to the Department of Human Resources regarding: (1) the requirement to participate or (2) the exclusion from participating in the program described in this section and Section 21160.
(d) For all other disputes relative to this section and Section 21160, the employee shall seek administrative remedy from his or her appointing power through the departmental complaint process.
(e) The appointing power of the affected employee shall reimburse the Department of Human Resources for any costs associated with the administration of this provision.
(f) This section shall not apply to any job-related or job-incurred illness or injury that occurs on or after January 1, 2000.
(Amended by Stats. 2012, Ch. 665, Sec. 128. (SB 1308) Effective January 1, 2013.)