reglab/statecodes huggingface dataset:
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 11 - Judges Retirement Law › ARTICLE 4 - Employment of Retired Judges › Section 75080.5.

75080.5. (a) Except as described in subdivision (b), if a person who is retired under this system is appointed or elected to serve as a judge, he or she shall reinstate from retirement and again become a member of the Judges’ Retirement System pursuant to this chapter.
(b) This section shall not apply to a retired judge who is assigned to serve in a court pursuant to Section 68543.5, and he or she shall not earn service credit or be entitled to retirement benefits under this part for that assignment.
(Added by Stats. 2009, Ch. 130, Sec. 37. (AB 966) Effective January 1, 2010.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 11 - Judges Retirement Law › ARTICLE 4 - Employment of Retired Judges › Section 75083.

75083. Any judge retired pursuant to this chapter who is appointed by the Supreme Court or any court of appeal, or division thereof, to act as a master or referee in any proceeding pending before those courts or before the Commission on Judicial Performance, shall be paid while so acting, in addition to his or her retirement allowance (taken without reduction on account of any election pursuant to Article 3.5 (commencing with Section 75070)) the difference, if any, between the retirement allowance and the compensation of a judge of the court from which he or she retired.
When appointed to act as referee in a county other than that in which he or she resides, he or she shall also be allowed his or her necessary expenses for travel, board, and lodging incurred in the discharge of that appointment.
The extra compensation and expenses, if any, shall be chargeable to the state.
(Amended by Stats. 2002, Ch. 664, Sec. 127.7. Effective January 1, 2003.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 11 - Judges Retirement Law › ARTICLE 4.5 - Extended Service Incentive Program › Section 75085.

75085. The Extended Service Incentive Program is hereby created to provide an incentive to judges who are eligible to receive the maximum retirement benefit to remain in public service. The program is intended to address the growing problem of judges retiring when they are first eligible to do so. The people of California are continuing to lose vital judicial resources and experience when long-serving judges leave public service. The Extended Service Incentive Program shall provide certain judges who retire with more than 23 years of creditable service with a lump sum payment in addition to their normal monthly retirement allowance. It is intended that the program shall operate at no cost to the state, due to the anticipated delayed retirement of the participating judges.
(Added by Stats. 2000, Ch. 961, Sec. 1. Effective January 1, 2001.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 11 - Judges Retirement Law › ARTICLE 4.5 - Extended Service Incentive Program › Section 75085.1.

75085.1. The design and administration of the Extended Service Incentive Program shall conform to the applicable provisions of Title 26 of the United States Code and the Revenue and Taxation Code.
(Added by Stats. 2000, Ch. 961, Sec. 1. Effective January 1, 2001.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 11 - Judges Retirement Law › ARTICLE 4.5 - Extended Service Incentive Program › Section 75085.2.

75085.2. If any provision of this article or application thereof to any person or circumstance is held invalid, that invalidity shall not affect other provisions or applications of this article that can be given effect without the invalid provision or application, and to this end the provisions of this article are severable.
(Added by Stats. 2000, Ch. 961, Sec. 1. Effective January 1, 2001.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 11 - Judges Retirement Law › ARTICLE 4.5 - Extended Service Incentive Program › Section 75085.3.

75085.3. The board shall implement the Extended Service Incentive Program pursuant to the provisions of this article no later than July 1, 2001, unless the board determines, by resolution, that the implementation tasks cannot be completed until a later date, in which case the board shall implement the program pursuant to this article no later than January 1, 2002.
(Added by Stats. 2000, Ch. 961, Sec. 1. Effective January 1, 2001.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 11 - Judges Retirement Law › ARTICLE 4.5 - Extended Service Incentive Program › Section 75085.4.

75085.4. The board may adopt regulations to implement the program.
(Added by Stats. 2000, Ch. 961, Sec. 1. Effective January 1, 2001.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 11 - Judges Retirement Law › ARTICLE 4.5 - Extended Service Incentive Program › Section 75085.5.

75085.5. “Program” means the Extended Service Incentive Program.
(Added by Stats. 2000, Ch. 961, Sec. 1. Effective January 1, 2001.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 11 - Judges Retirement Law › ARTICLE 4.5 - Extended Service Incentive Program › Section 75085.6.

75085.6. “Extended service calculation date” means the later of (a) January 1, 2001, or (b) the date the judge first becomes eligible to participate in the program pursuant to Section 75086.
(Added by Stats. 2000, Ch. 961, Sec. 1. Effective January 1, 2001.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 11 - Judges Retirement Law › ARTICLE 4.5 - Extended Service Incentive Program › Section 75085.7.

75085.7. “Extended service period” means a period of time commencing on the extended service calculation date and ending (a) on the date of the judge’s retirement or his or her earlier termination of service, as provided in subdivision (b) of Section 75086.1, or (b) 120 months after the extended service calculation date, whichever is earlier. Nothing in this article shall be deemed to prohibit a judge from continuing to perform creditable service beyond the extended service period.
(Added by Stats. 2000, Ch. 961, Sec. 1. Effective January 1, 2001.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 11 - Judges Retirement Law › ARTICLE 4.5 - Extended Service Incentive Program › Section 75085.8.

75085.8. “Program payment” means the amount to be paid to the judge as a result of his or her participation in the program, as calculated in Section 75087.
(Added by Stats. 2000, Ch. 961, Sec. 1. Effective January 1, 2001.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 11 - Judges Retirement Law › ARTICLE 4.5 - Extended Service Incentive Program › Section 75086.

75086. A judge shall be eligible to participate in the program if the judge has performed at least 20 years of creditable service and is at least 60 years of age.
(Added by Stats. 2000, Ch. 961, Sec. 1. Effective January 1, 2001.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 11 - Judges Retirement Law › ARTICLE 4.5 - Extended Service Incentive Program › Section 75086.1.

75086.1. (a) A judge described in Section 75086 shall be entitled to receive a program payment at the time of his or her termination of employment and retirement if the judge continued to perform creditable service for at least 36 months after the extended service calculation date.
(b) Notwithstanding subdivision (a), if a judge described in Section 75086 ceases to perform creditable service within 36 months after the extended service calculation date due to the judge’s death or disability, or because the judge was unsuccessful in his or her efforts to be reelected or retained in office, the judge, or the judge’s beneficiary, shall be entitled to receive a program payment. No program payment shall be distributed pursuant to this subdivision prior to the implementation of the program as provided in Section 75085.3.
(Added by Stats. 2000, Ch. 961, Sec. 1. Effective January 1, 2001.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 11 - Judges Retirement Law › ARTICLE 4.5 - Extended Service Incentive Program › Section 75086.2.

75086.2. The judge’s retirement contribution shall continue during the extended service period.
(Added by Stats. 2000, Ch. 961, Sec. 1. Effective January 1, 2001.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 11 - Judges Retirement Law › ARTICLE 4.5 - Extended Service Incentive Program › Section 75087.

75087. The program payment shall be calculated by the system as an aggregate amount equal to a percentage of the judge’s monthly salary for each month of the extended service period, taking into account any salary increases occurring during the period, plus monthly interest thereon at a rate indexed to 30 year United States Treasury Bonds. For the first to the 60th month, inclusive, of the extended service period, the calculation amount shall be 20 percent of the judge’s monthly salary. For the 61st to the 120th month, inclusive, of the extended service period, the calculation amount shall be 8 percent of the judge’s monthly salary.
(Added by Stats. 2000, Ch. 961, Sec. 1. Effective January 1, 2001.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 11 - Judges Retirement Law › ARTICLE 4.5 - Extended Service Incentive Program › Section 75088.

75088. Upon the termination of employment and retirement of a judge who is entitled to a program payment, as described in subdivision (a) of Section 75086.1, the judge shall receive the program payment, calculated pursuant to Section 75087, in the form of a single, lump-sum payment, in addition to any other retirement benefit to which the judge is entitled pursuant to this chapter.
(Added by Stats. 2000, Ch. 961, Sec. 1. Effective January 1, 2001.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 11 - Judges Retirement Law › ARTICLE 4.5 - Extended Service Incentive Program › Section 75088.3.

75088.3. The required beginning date of distributions that reflect the entire interest of the judge shall be as follows:
(a) In the case of a lump-sum distribution to the judge, the lump-sum payment shall be made not later than April 1 of the calendar year following the later of the calendar year in which the judge attains the age prescribed by Section 401(a)(9) of the Internal Revenue Code or the calendar year in which the judge terminates employment.
(b) In the case of a program payment payable on account of the judge’s death, the distribution shall be made no later than December 31 of the calendar year in which the fifth anniversary of the judge’s date of death occurs unless the beneficiary is the judge’s spouse in which case distributions shall commence on or before the later of either:
(1) December 31 of the calendar year immediately following the calendar year in which the judge dies.
(2) December 31 of the calendar year in which the judge would have attained the age prescribed by Section 401(a)(9) of the Internal Revenue Code.
(Amended by Stats. 2023, Ch. 159, Sec. 17. (SB 885) Effective January 1, 2024.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 11 - Judges Retirement Law › ARTICLE 4.5 - Extended Service Incentive Program › Section 75088.4.

75088.4. A judge described in Section 75086 may, at any time, designate a beneficiary to receive the benefits that may be payable to his or her beneficiary or estate under this article by a writing filed with the board, except that no designation may be made in derogation of the community property share of any nonmember spouse when any benefit is derived, in whole or in part, from community property contributions or service credited during the period of marriage, unless the nonmember spouse has previously obtained an alternative order for division pursuant to Section 2610 of the Family Code. If a judge has not filed a beneficiary designation with the board, all benefits payable pursuant to this article shall be paid to the survivors of the judge in the order set forth in Section 21493.
(Added by Stats. 2000, Ch. 961, Sec. 1. Effective January 1, 2001.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 11 - Judges Retirement Law › ARTICLE 4.5 - Extended Service Incentive Program › Section 75089.

75089. Notwithstanding any other provision of law, a judge shall have no vested rights under this article unless and until the judge satisfies the eligibility requirements specified in Section 75086. Nothing in this article shall be construed to limit the right of the Legislature to subsequently modify or repeal any provision of this article as it relates, or may relate, to all other judges subject to this chapter.
(Added by Stats. 2000, Ch. 961, Sec. 1. Effective January 1, 2001.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 11 - Judges Retirement Law › ARTICLE 4.5 - Extended Service Incentive Program › Section 75089.1.

75089.1. The Judicial Council shall, on or before January 1, 2006, prepare a report to the Legislature that analyzes the effects of the Extended Service Incentive Program, including the effect, if any, of the program on the length of service of judges. The report shall include recommendations on ways to encourage long service by judges in the Judges’ Retirement System II, including whether and how to establish an Extended Service Incentive Program for members of the Judges’ Retirement System II. The recommendations should also ensure that the Judges’ Retirement System and the Judges’ Retirement System II provide appropriate incentives to attract and retain judges of the highest quality from all areas of legal practice.
In addition, the board shall, on or before January 1, 2006, conduct an actuarial valuation to determine the costs of the program and report the results thereof to the Legislature.
(Added by Stats. 2000, Ch. 961, Sec. 1. Effective January 1, 2001.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 11 - Judges Retirement Law › ARTICLE 5 - Survivor Benefits › Section 75090.

75090. The benefits of this article are payable only to the surviving spouse of a judge who elects to come within this article. Any person who becomes a judge after August 22, 1964, may elect to come within this article within six months after becoming a judge or three months after notice is mailed to him or her by the Judges’ Retirement System, except as otherwise provided in this section. Election to come within this article is made by filing written notice thereof with the Judges’ Retirement System. Any election by a judge may thereafter be revoked by the judge and a reelection may be made at any time after that revocation.
Any judge who was married prior to January 1, 1990, and who had not previously elected to come within this article, shall exercise his or her election prior to April 1, 1990. A judge so electing shall pay all the contributions he or she would have made pursuant to Section 75092 had he or she been covered by this article as soon as originally eligible pursuant to this section.
(Amended by Stats. 1989, Ch. 1379, Sec. 4.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 11 - Judges Retirement Law › ARTICLE 5 - Survivor Benefits › Section 75091.

75091. (a) If a judge who is credited with at least 10 years of service but less than 20 years of service under this chapter dies prior to retiring under this chapter, and while serving as a judge, his or her surviving spouse shall receive a monthly allowance, payable from the Judges’ Retirement Fund, equal to 1.625 percent of the monthly salary payable, at the time payment of the allowance falls due, to the judge holding the judicial office to which the deceased judge was last elected or appointed multiplied by the number of years of service of the deceased judge.
(b) If a judge who is credited with 20 years or more of service under this chapter dies prior to retiring under this chapter, and while serving as a judge, his or her surviving spouse shall receive a monthly allowance, payable from the Judges’ Retirement Fund, equal to 37
1
/
2
percent of the monthly salary payable, at the time the payment of the allowance falls due, to the judge holding the judicial office to which the deceased judge was last elected or appointed.
(c) For the purposes of this section any fraction of a year equals one year. The allowance is payable commencing upon the death of the judge and continuing until the death of the surviving spouse.
(d) If the surviving spouse is eligible for an allowance under Section 75104.4, the allowance provided for by Section 75104.4 shall be paid and no allowance shall be made under this article. If an allowance is paid under this section, no payment shall be made pursuant to Section 75104 or 75104.5.
(Amended by Stats. 2004, Ch. 231, Sec. 15. Effective January 1, 2005.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 11 - Judges Retirement Law › ARTICLE 5 - Survivor Benefits › Section 75092.

75092. Any judge electing to come within this article shall contribute two dollars ($2) a month to the Judges’ Retirement Fund. Such contribution shall be deducted from the monthly salary of each judge so electing by the State Controller and each county auditor in the same manner as deductions are made pursuant to Sections 75102 and 75103. The Legislature reserves the right to increase the rate of contribution prescribed by this section in such amount as it may find appropriate.
(Added by Stats. 1961, Ch. 2136.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 11 - Judges Retirement Law › ARTICLE 5 - Survivor Benefits › Section 75093.

75093. (a) Notwithstanding any other provisions of this article to the contrary, the surviving spouse of any judge who died in office on or after January 1, 1987, shall receive a monthly allowance, equal to 25 percent of the monthly salary payable at the time payment of the allowance falls due, to the judge last holding the judicial office to which the deceased judge was last elected or appointed.
(b) A surviving spouse who receives an allowance pursuant to this section shall have no other claim with respect to the Judges’ Retirement Fund or with respect to any other provisions of the Judges’ Retirement Law except that a surviving spouse who receives an allowance pursuant to this section on account of a death in office on or after January 1, 1987, and who was eligible to elect the allowance payable pursuant to Section 75091, may elect, within a 24-month period after the date of the death of the judge, to become subject to Section 75091 in lieu of the benefit payable pursuant to this section, and that any surviving spouse who was, prior to January 1, 1987, eligible to elect the monthly allowance provided by Section 75091 but, instead, had elected at the time of the judge’s death, the monthly allowance payable pursuant to this section, may elect, within a 24-month period after the date of the death of the judge, to receive the monthly allowance provided by Section 75091 in lieu of the benefit payable pursuant to this section. An election revoking the benefit payable pursuant to this section and electing to receive the monthly allowance payable pursuant to Section 75091 shall be filed with the Judges’ Retirement System and the effective date of payment provided by Section 75091 shall be the first of the month following the date on which that election was filed.
(c) This section does not prevent a surviving spouse from claiming or receiving any payments to which he or she may be entitled as a beneficiary under the Extended Service Incentive Program set forth in Article 4.5 (commencing with Section 75085).
(d) If the surviving spouse has received a benefit under Division 4 (commencing with Section 3201) of the Labor Code, on account of the death of a judge, the amount of that benefit shall be deducted from the allowance payable under this section.
(e) The allowance provided by this section shall be payable commencing with the day following the date of the judge’s death.
(f) This section does not apply to the death of any retired judge while serving on assignment in any court.
(Amended by Stats. 2003, Ch. 10, Sec. 35. Effective May 14, 2003.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 11 - Judges Retirement Law › ARTICLE 5 - Survivor Benefits › Section 75094.

75094. (a) Notwithstanding any other provision of this article to the contrary, the surviving spouse of a judge shall receive an allowance that is equal to the amount that the judge would have received had the judge been retired from service on the date of his or her death and had elected the optional settlement specified in subdivision (b) of Section 75071 and 75073, if all of the following apply to the judge:
(1) The judge died in office on or after January 1, 2005.
(2) The judge had attained the minimum age for service retirement applicable to the judge preceding his or her death, with a minimum of 20 years of service.
(3) The judge was eligible to receive an allowance pursuant to Section 75025 or 75033.5.
(b) A surviving spouse receiving an allowance pursuant to this section shall have no other claim to benefits with respect to the Judges’ Retirement Fund or with respect to any other provision of the Judges’ Retirement Law.
(c) The benefits provided by this section are only payable to the surviving spouse of a judge who elects to come within this section. Notwithstanding Section 75090, that election may be made at any time while the judge is in office and, once made, the election is irrevocable.
(d) This section does not prevent a surviving spouse from claiming or receiving any payments to which he or she may be entitled as a beneficiary under the Extended Service Incentive Program set forth in Article 4.5 (commencing with Section 75085).
(Amended by Stats. 2016, Ch. 199, Sec. 45. (AB 2404) Effective January 1, 2017.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 11 - Judges Retirement Law › ARTICLE 5.1 - Surviving Children Benefits › Section 75095.

75095. The benefits of this article are payable only to the surviving children of a judge who elects to come within this article. Any person who becomes a judge after November 23, 1970, may elect to come within this article within six months after becoming a judge, or within six months of accepting or acquiring a legal duty to support one or more eligible children, whether his or her own or those of another person.
Any judge who accepted or acquired a legal duty to support one or more eligible children prior to January 1, 1988, and who had not previously elected to come within this article, shall exercise his or her election prior to July 1, 1988. A judge so electing shall pay all the contributions he or she would have made pursuant to Section 75097 had he or she been covered by this article as soon as originally eligible pursuant to this section.
Any person who is a judge on November 23, 1970, may elect to come within the provisions of this article on or before July 1, 1971.
(Amended by Stats. 1987, Ch. 1380, Sec. 1.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 11 - Judges Retirement Law › ARTICLE 5.1 - Surviving Children Benefits › Section 75096.

75096. The monthly allowance payable pursuant to Section 75091 shall be paid to the guardian of surviving unmarried children while under 18 years of age and the surviving unmarried children over age 18 and under the age of 22 who are full-time students, and to the child or guardian of a surviving unmarried child over age 18 who is disabled by a condition which disabled that child prior to attaining age 18 and which has continued without interruption after age 18, until the disability ceases, of a judge who dies prior to retirement under this chapter without a surviving spouse or in the event that the surviving spouse of a judge dies after his or her death. The amount paid shall be divided equally among the children.
“Children,” for the purposes of this section, shall be limited to dependent children and stepchildren of the judge at the time of his or her death.
“Disabled” or “disability” means, with respect to qualification for an allowance to a surviving child, inability to engage in any substantial gainful occupation by reason of any physical or mental impairment which is determined by the board, on the basis of competent medical or psychiatric opinion, to be of permanent or extended duration.
Election to come within this article shall be made by filing a written notice thereof with the Judges’ Retirement System. Any election by a judge may thereafter be revoked by the judge and a reelection may be made at any time after revocation.
The benefit payable under this section to a disabled child shall not exceed 25 percent of the compensation payable, at the time payments of the allowance fall due, to the judge holding the office which the judge last held prior to discontinuance of service as a judge.
The amendments to this section made during the 1991–92 Regular Session shall be applicable to any retired judge who elects to be subject to the amended provisions of this section on or before January 1, 1993.
(Amended by Stats. 1992, Ch. 176, Sec. 9. Effective July 13, 1992.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 11 - Judges Retirement Law › ARTICLE 5.1 - Surviving Children Benefits › Section 75096.1.

75096.1. Notwithstanding any other provisions of this article to the contrary, the guardian of surviving unmarried children while under 18 years of age and the surviving unmarried children over age 18 and under age 22 who are full-time students, of a judge who dies prior to retirement without a surviving spouse, or in the event that the surviving spouse of such judge dies after his death while receiving an allowance payable pursuant to Section 75093, may elect to receive in lieu of any other surviving children’s benefits an allowance equivalent to that payable pursuant to Section 75093, including, in the event of the death of the judge without a surviving spouse, the deduction therein provided. The amount paid shall be divided equally among the children.
“Children” for the purposes of this section shall be limited to dependent children and stepchildren of the judge at the time of his death.
Election to come within the benefits of this article as provided in Section 75096 shall be deemed to include the judge’s election that his children should enjoy the election granted by this section, and contributions shall be made by the judge so electing as provided in Section 75097.
(Amended by Stats. 1983, Ch. 395, Sec. 26.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 11 - Judges Retirement Law › ARTICLE 5.1 - Surviving Children Benefits › Section 75096.2.

75096.2. A monthly allowance equivalent to the allowance payable pursuant to Section 75104.4 shall be paid, in lieu of the allowance provided in Section 75096, or any other surviving children’s benefits, to the guardian of surviving unmarried children while under 18 years of age and the surviving unmarried children over age 18 and under age of 22 who are full-time students, of a judge who, although eligible for retirement, dies prior to retirement under this chapter without a surviving spouse, or in the event that the surviving spouse dies after his death while receiving an allowance payable pursuant to Section 75104.4. The amount paid shall be divided equally among the children.
“Children” for the purposes of this section shall be limited to dependent children and stepchildren of the judge at the time of his death.
Election to come within the benefits of this article as provided in Section 75096 shall be deemed to include an election to enjoy the benefit of this section, and contributions shall be made by the judge so electing as provided in Section 75097.
(Amended by Stats. 1983, Ch. 395, Sec. 27.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 11 - Judges Retirement Law › ARTICLE 5.1 - Surviving Children Benefits › Section 75096.3.

75096.3. A monthly allowance equivalent to the allowance payable pursuant to Section 75077 shall be paid, in lieu of any other surviving children’s benefits, to the guardian of surviving unmarried children while under 18 years of age and the surviving unmarried children over age 18 and under age 22 who are full-time students, and to the guardian of a surviving unmarried child over age 18 who is disabled by a condition which disabled that child prior to attaining age 18 and which has continued without interruption after age 18, until the disability ceases, of a judge who dies after retirement under this chapter without a surviving spouse or in the event that the surviving spouse of a judge dies after his or her death while receiving an allowance payable pursuant to Section 75077. The amount paid shall be divided equally among the children.
“Children,” for the purposes of this section, shall be limited to dependent children and stepchildren of the judge at the time of his or her retirement.
“Disabled” or “disability” means, with respect to qualification for an allowance to a surviving child, inability to engage in any substantial gainful occupation by reason of any physical or mental impairment which is determined by the board, on the basis of competent medical or psychiatric opinion, to be of permanent or extended duration.
Election to come within the benefits of this article as provided in Section 75096 shall be deemed to include an election to enjoy the benefits of this section, and contributions shall be made by any retired judge so electing as fixed by Section 75097 to be deducted from the judge’s retirement allowance during his or her lifetime as provided in Section 75106.5.
The benefit payable under this section to a disabled child shall not exceed 25 percent of the compensation payable, at the time payments of the allowance fall due, to the judge holding the office which the retired judge last held prior to discontinuance of service as a judge.
The amendments made to this section during the 1991–92 Regular Session shall be applicable to any retired judge who elects to be subject to the amended provisions of this section on or before January 1, 1993. A retired judge so electing shall pay all the contributions he or she would have made pursuant to Section 75097 had he or she been covered by this article at the time of retirement.
(Amended by Stats. 1992, Ch. 176, Sec. 10. Effective July 13, 1992.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 11 - Judges Retirement Law › ARTICLE 5.1 - Surviving Children Benefits › Section 75097.

75097. Any judge electing to come within this article shall contribute three dollars ($3) a month to the Judges’ Retirement Fund. The contribution shall be deducted from the monthly salary of each judge so electing by the Controller and each county auditor in the same manner as deductions are made pursuant to Sections 75102 and 75103. The Legislature reserves the right to increase the rate of contribution prescribed by this section in such amount as it may find appropriate.
(Amended by Stats. 1992, Ch. 176, Sec. 11. Effective July 13, 1992.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 11 - Judges Retirement Law › ARTICLE 5.1 - Surviving Children Benefits › Section 75098.

75098. If an allowance is paid under this article no payment shall be made pursuant to Section 75104 or Section 75104.5, provided however, that if the prospective allowance payable to the children under the provisions of this article upon the death of a judge or retired judge without a surviving spouse is less than the aggregate amount payable under the provisions of Sections 75104 and 75104.5, and the judge has designated his children as his beneficiaries, the guardian of the children under age 18 and the children over 18 may elect to take the latter amount and waive the allowance otherwise payable under this article.
(Amended by Stats. 1983, Ch. 395, Sec. 29.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 11 - Judges Retirement Law › ARTICLE 6 - Judges Retirement Fund › Section 75100.

75100. There is in the State Treasury a fund known as the Judges’ Retirement Fund. All retirement allowances payable by law to judges shall be paid out of this fund. The fund shall consist of all cash, securities, or other assets paid into it in accordance with this article.
(Added by Stats. 1953, Ch. 206.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 11 - Judges Retirement Law › ARTICLE 6 - Judges Retirement Fund › Section 75101.

75101. The Controller shall at the end of each month ascertain the aggregate amount of the annual salaries of judges covered by the system, and out of the General Fund he or she shall transfer monthly into the Judges’ Retirement Fund a sum equal to 8 percent of one-twelfth of the aggregate amount of those salaries.
(Amended by Stats. 1999, Ch. 785, Sec. 19. Effective January 1, 2000.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 11 - Judges Retirement Law › ARTICLE 6 - Judges Retirement Fund › Section 75102.

75102. Except as provided in Section 75103.3, the Controller shall at the end of each month commencing with the salary for the month of July 1964 deduct 8 percent from the monthly salary, not including the additional compensation pursuant to Section 68203.1, of each Justice of the Supreme Court and of the courts of appeal and of the portion paid by the state of the monthly salary of each judge of the superior court and shall cause this amount to be paid into the Judges’ Retirement Fund.
(Amended by Stats. 2001, Ch. 118, Sec. 9. Effective July 30, 2001.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 11 - Judges Retirement Law › ARTICLE 6 - Judges Retirement Fund › Section 75103.

75103. Except as provided in Section 75103.3, the auditor of each county shall deduct 8 percent from the portion paid by a county of the monthly salary, not including the additional compensation pursuant to Section 68203.1, of each judge of the superior court and cause this amount to be paid into the Judges’ Retirement Fund.
(Amended by Stats. 2002, Ch. 784, Sec. 500. Effective January 1, 2003.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 11 - Judges Retirement Law › ARTICLE 6 - Judges Retirement Fund › Section 75103.1.

75103.1. The Legislature reserves the right to increase the rates of contribution prescribed by Sections 75101 to 75103, inclusive, in such amounts as it may find appropriate.
(Added by Stats. 1959, Ch. 1363.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 11 - Judges Retirement Law › ARTICLE 6 - Judges Retirement Fund › Section 75103.2.

75103.2. The Legislature reserves the right to reduce any benefits applicable to any person who becomes a judge on and after January 1, 1980.
(Added by Stats. 1979, Ch. 709.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 11 - Judges Retirement Law › ARTICLE 6 - Judges Retirement Fund › Section 75103.3.

75103.3. Notwithstanding any other provision of law, the state and the county may pick up, for the sole purpose of deferring income taxes thereon, as authorized by Section 414(h)(2) of the Internal Revenue Code (26 U.S.C.A. Sec. 414(h)(2)) and Section 17501 of the Revenue and Taxation Code, all of the normal contributions required to be deducted under Sections 75102 to 75103, inclusive, and paid into the Judges’ Retirement Fund. The payments shall be reported as employer-paid normal contributions and shall be credited to the judge’s account.
Nothing in this section shall be construed to limit the authority of the state or the county to periodically eliminate the pickup by the state of all of the normal contributions required to be paid by a judge, as authorized by this section.
This section shall not affect the computation of a judge’s retirement allowance.
(Added by Stats. 1985, Ch. 524, Sec. 4. Effective September 9, 1985.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 11 - Judges Retirement Law › ARTICLE 6 - Judges Retirement Fund › Section 75103.5.

75103.5. No county shall directly or indirectly pay from its funds the member contributions to the Judges’ Retirement Fund required by this article.
(Added by Stats. 1990, Ch. 1232, Sec. 9. Operative January 9, 1991, by Sec. 10 of Ch. 1232.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 11 - Judges Retirement Law › ARTICLE 6 - Judges Retirement Fund › Section 75103.6.

75103.6. Calculations of retirement benefits and Extended Service Incentive Program benefits under this chapter for any judge in the Voluntary Waiver of Salary Program, as described in paragraph (4) of subdivision (b) of Section 68106, shall include salary and contributions that would have been paid had the judge not been in the program. The state shall pay the costs that result from the increased benefits and monetary credits.
(Added by Stats. 2009, Ch. 240, Sec. 4. (AB 399) Effective January 1, 2010.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 11 - Judges Retirement Law › ARTICLE 6 - Judges Retirement Fund › Section 75104.

75104. (a) Except as otherwise provided in subdivisions (b) and (c), should any judge die, resign, or cease to be a judge prior to his or her retirement, or die after electing to allow his or her accumulated contributions to remain in the fund pursuant to Section 75033 but prior to attaining age 65, the amount of his or her accumulated contribution shall be paid to his or her beneficiary nominated by written designation duly filed with the Judges’ Retirement System, or to him or her, as the case may be. If an allowance is paid to a surviving spouse pursuant to this chapter, no payment shall be made pursuant to this section.
(b) A judge who has filed a declaration of candidacy for election or reelection to any judicial office may not withdraw his or her contributions until after the election. If a judge is elected or reelected to a judicial office, he or she may not withdraw his or her contributions until he or she has declined to accept the office or has ceased to hold the office to which he or she has been elected.
(c) A judge who has been appointed, commissioned, or nominated to any judicial office of this state may not withdraw his or her contributions until he or she has declined to serve or terminated his or her service in the latter office.
(Amended by Stats. 2002, Ch. 664, Sec. 127.9. Effective January 1, 2003.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 11 - Judges Retirement Law › ARTICLE 6 - Judges Retirement Fund › Section 75104.4.

75104.4. (a) The surviving spouse of any judge who dies on or after January 1, 1954, but before retirement and after becoming eligible for retirement pursuant to Section 75025 or 75033 or who dies on or after January 1, 1954, while serving as judge and has served as a judge for 30 years, shall receive an allowance equal to one-half of the amount of the unmodified retirement allowance that would be payable to the judge were he or she living and retired under this chapter. The allowance is payable commencing upon the day following the date of the death of the judge and continuing until the death of the surviving spouse. If, pursuant to this section, an allowance is paid to the surviving spouse of a judge, no payment shall be made pursuant to Section 75104 or 75104.5.
(b) The Legislature hereby finds and declares that the payment of allowances to the surviving spouse of a judge pursuant to this section, as amended at the 1959 Regular Session of the Legislature, serves a public purpose in that it promotes the public welfare by encouraging experienced jurists to continue their service in the expectation that the Legislature will fairly provide for their surviving spouses under changing circumstances, as the Legislature is now doing for spouses of judges who have heretofore died. Continued service by, and increased efficiency of, judges secure in this knowledge will more than compensate the state for any increased expense for allowances to surviving spouses provided by the amendment enacted at the 1959 session of the Legislature.
(Amended by Stats. 2004, Ch. 231, Sec. 17. Effective January 1, 2005.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 11 - Judges Retirement Law › ARTICLE 6 - Judges Retirement Fund › Section 75104.5.

75104.5. Upon the death of a judge before retirement there shall be paid to his or her beneficiary, if he or she has designated one, and if not, to his or her estate, in addition to any other benefits provided by this chapter or by Division 4 of the Labor Code, an amount equal to one-twelfth of the annual compensation of that judge during the 12 months immediately preceding his or her death, multiplied by the completed number of years of service as a judge, but not to exceed one-half of the judge’s annual compensation. The benefit accorded by this section is not payable if the deceased judge’s spouse survives him or her and is entitled to receive an allowance for life pursuant to the provisions of this chapter.
(Amended by Stats. 2002, Ch. 664, Sec. 128.1. Effective January 1, 2003.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 11 - Judges Retirement Law › ARTICLE 6 - Judges Retirement Fund › Section 75105.

75105. The Board of Administration of the Public Employees’ Retirement System shall have authority to invest the money contained in the Judges’ Retirement Fund in the same manner and subject to the same restrictions as investments of the Public Employees’ Retirement Fund.
(Amended by Stats. 1978, Ch. 384.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 11 - Judges Retirement Law › ARTICLE 6 - Judges Retirement Fund › Section 75106.

75106. The State Treasurer is the custodian of the Judges’ Retirement Fund. At the end of each month the Judges’ Retirement System shall ascertain the written notices of voluntary retirement and the written certificates of involuntary retirement that have been filed with the Judges’ Retirement System and cause warrants to be drawn upon the State Treasury in favor of each retired judge for the amount of the retirement allowance to which he or she is entitled.
(Amended by Stats. 2002, Ch. 664, Sec. 128.2. Effective January 1, 2003.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 11 - Judges Retirement Law › ARTICLE 6 - Judges Retirement Fund › Section 75106.5.

75106.5. A retired judge or the surviving spouse of a judge, entitled to receive an allowance under the provisions of this chapter, may authorize deductions to be made from the allowance, in accordance with regulations established for the payment of group insurance premiums and other premiums provided for under the provisions of Section 1156 of this code as well as shares or obligations of any regularly chartered credit union.
(Amended by Stats. 1969, Ch. 281.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 11 - Judges Retirement Law › ARTICLE 6 - Judges Retirement Fund › Section 75107.

75107. Whenever it appears to the Judges’ Retirement System that the money in the Judges’ Retirement Fund is insufficient, or is likely to become insufficient, to pay all retirement allowances payable by law to retired judges and all other obligations of the fund which will become payable during the ensuing fiscal year, the Judges’ Retirement System shall report such condition of the fund to the Legislature at its next regular session, and upon receipt of such report it shall be the duty and obligation of the Legislature to appropriate, in the State Budget Act, or otherwise, such sums as may be necessary to make the Judges’ Retirement Fund fully sufficient to pay all of the obligations of the fund which will become payable during the ensuing fiscal year.
(Amended by Stats. 1986, Ch. 115, Sec. 20.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 11 - Judges Retirement Law › ARTICLE 6 - Judges Retirement Fund › Section 75108.

75108. Notwithstanding any other provision, all expenses of administration of this article shall be paid by appropriation from the fund.
(Amended by Stats. 1983, Ch. 639, Sec. 9. Effective September 1, 1983.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 11 - Judges Retirement Law › ARTICLE 6 - Judges Retirement Fund › Section 75109.

75109. If the Judges’ Retirement System determines that there has been an overpayment of contributions or that any amount not required to be paid under this chapter has been paid by a judge, the Judges’ Retirement System shall refund the amount of the overpayment or excess payment to the judge. So much money as may be necessary is hereby appropriated from the Judges’ Retirement Fund for the purpose of making refunds under this section.
(Amended by Stats. 1986, Ch. 115, Sec. 21.)
2023 California Code › Government Code - GOV › TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS › CHAPTER 11 - Judges Retirement Law › ARTICLE 6 - Judges Retirement Fund › Section 75109.1.

75109.1. (a) When there has been a payment of death benefits, a return of accumulated contributions, a contribution adjustment, or a deposit of contributions, this system may refrain from collecting an underpayment of accumulated contributions if the amount to be collected is two hundred fifty dollars ($250) or less.
(b) Notwithstanding Section 75109, when there has been a payment of death benefits, a return of accumulated contributions, a contribution adjustment, or a deposit of contributions, and there is a balance of fifty dollars ($50) or less remaining posted to a member’s individual account, or an overpayment of fifty dollars ($50) or less was received, this system may dispense with a return of accumulated contributions.
(c) When there is a positive or negative balance of two hundred fifty dollars ($250) or less remaining posted to a member’s individual account, or the balance exceeds two hundred fifty dollars ($250) but the difference to the monthly allowance unmodified by any optional settlement is less than five dollars ($5), this system may dispense with any recalculation of, or other adjustment to, benefit payments.
(d) The dollar amounts specified in subdivisions (a) and (c) shall be adjusted in accordance with any changes in the dollar amounts specified in Section 12438.
(Amended by Stats. 2019, Ch. 330, Sec. 26. (SB 782) Effective January 1, 2020.)