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 5 - Contract Members of System › ARTICLE 1 - General Provisions › Section 20480.

20480. (a) An out-of-class appointment by a contracting agency employer or a school employer shall not exceed a total of 960 hours in each fiscal year.
(b) A contracting agency employer or school employer shall track the hours worked by an employee serving in an out-of-class appointment and report that service to the system no later than 30 days following the end of each fiscal year.
(c) The compensation for an appointment described in subdivision (a) shall be pursuant to a collective bargaining agreement or a publicly available pay schedule.
(d) (1) An employer who violates this section shall pay penalties to the system according to the following:
(A) An amount of money equal to three times the employee and employer contributions that would otherwise be paid to the system for the difference between the compensation paid for an appointment described in subdivision (a) and the compensation that would have been paid and reported to the system, but for the vacancy, for the position in accordance with a publicly available pay schedule applicable to the vacant position, for the entire period or periods the member serves in an out-of-class appointment.
(B) Reimbursement for administrative expenses incurred in responding to this situation.
(2) Penalties paid to the system pursuant to this subdivision are not normal contributions or additional contributions that would stand to the credit of a member’s individual account.
(e) The member shall bear no liability, obligations, or expense as a result of the unlawful actions of the employer with respect to this section.
(f) For purposes of this section, “out-of-class appointment” means an appointment of an employee to an upgraded position or higher classification by the employer or governing board or body in a vacant position for a limited duration.
(g) For purposes of this section, “vacant position” refers to a position that is vacant during recruitment for a permanent appointment. “Vacant position” does not refer to a position that is temporarily available due to another employee’s leave of absence.
(Amended by Stats. 2018, Ch. 767, Sec. 1. (AB 2696) Effective January 1, 2019.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 3 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › CHAPTER 5 - Contract Members of System › ARTICLE 1 - General Provisions › Section 20481.

20481. All members of a local system included by contract in this system thereupon become subject to this part and cease to be members of the local system. Payments being made to persons who have retired or their survivors or beneficiaries under the local system on the effective date of the contract, or any subsequent amendment thereto, shall be continued and paid by this system at the rates existing on that date under the local system unless the agency elects in its contract or by amendment thereto to provide a recalculation of retirement allowances for persons retired under the local system on the basis of the provisions of the contract. The liability for those payments shall be included in the computation of the prior service liability of the contracting agency. All members of the local system who are members under provisions continuing membership after termination of service shall be deemed members of this system under Section 20731 with credit in this system for all of the service with regard to which membership was continued under the local system.
(Amended by Stats. 2001, Ch. 793, Sec. 8. Effective January 1, 2002.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 3 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › CHAPTER 5 - Contract Members of System › ARTICLE 1 - General Provisions › Section 20482.

20482. Subject to the approval of the board as in the case of all other employees, the contracting agency may elect to continue the local system and to place under this system only a portion of the members of the local 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 5 - Contract Members of System › ARTICLE 1 - General Provisions › Section 20483.

20483. If all members of the local system become members of this system, the operation of the local system shall be discontinued as of the date provided for in the contract, and if only a part of the members become members of this system, the operation of the local system shall be so discontinued with respect to that 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 5 - Contract Members of System › ARTICLE 1 - General Provisions › Section 20484.

20484. Notwithstanding Section 20483, if a member of a local system, which is also a reciprocal system pursuant to Section 20351, elects to join this system as permitted by Section 20504, the operation of the local system shall continue.
(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 5 - Contract Members of System › ARTICLE 1 - General Provisions › Section 20485.

20485. It is the intent of the Legislature that contracting agencies in conjunction with recognized local employee organizations, develop alternative retirement plans that provide benefits under a defined contribution program.
(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 5 - Contract Members of System › ARTICLE 1 - General Provisions › Section 20486.

20486. (a) Notwithstanding Section 20484, a contracting agency that continued the local system for members who elected to become members of this system prospectively pursuant to Section 20504 may transfer to this system the cash and securities to the credit of the local system and held on account of persons who became members of this system. The transfer of cash and securities shall be made pursuant to Section 20530. The service credited under the local system shall be credited under this system as prior service.
(b) This section shall not apply to the employees of any contracting agency nor to any contracting agency unless and until the contracting agency elects to be subject to this section by amendment to its contract with the board, made pursuant to Section 20474.
(Added by renumbering Section 20521.1 by Stats. 1996, Ch. 906, Sec. 57. 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 5 - Contract Members of System › ARTICLE 1 - General Provisions › Section 20487.

20487. Notwithstanding any other provision of law, no contracting agency or public agency that becomes the subject of a case under the bankruptcy provisions of Chapter 9 (commencing with Section 901) of Title 11 of the United States Code shall reject any contract or agreement between that agency and the board pursuant to Section 365 of Title 11 of the United States Code or any similar provision of law; nor shall the agency, without the prior written consent of the board, assume or assign any contract or agreement between that agency and the board pursuant to Section 365 of Title 11 of the United States Code or any similar provision of law.
(Added by renumbering Section 20486 (as added by Stats. 1996, Ch. 502) by Stats. 2000, Ch. 1002, Sec. 4. Effective January 1, 2001.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 3 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › CHAPTER 5 - Contract Members of System › ARTICLE 2 - Contract Provisions › Section 20500.

20500. The contract may include any provisions consistent with this part and necessary in the administration of this system as it affects the public agency and its employees.
Whenever in this part an election is given to contracting agencies to subject themselves and their employees to provisions of this part otherwise not applicable to contracting agencies and their employees by amendment to their contracts with the board, any contract made after the effective date of the provision giving the election may include any provisions necessary to give effect to the election of the contracting agency.
(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 5 - Contract Members of System › ARTICLE 2 - Contract Provisions › Section 20501.

20501. Contracts with school employers may include school district employees in this system only with respect to service rendered in a status in which they are not eligible for membership in the State Teachers’ Retirement Plan.
(Amended by Stats. 2003, Ch. 519, Sec. 3. Effective January 1, 2004.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 3 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › CHAPTER 5 - Contract Members of System › ARTICLE 2 - Contract Provisions › Section 20502.

20502. (a) (1) The initial contract shall include in this system all firefighters, police officers, county peace officers, local sheriffs, and other employees of the contracting agency, except as exclusions in addition to the exclusions applicable to state employees may be agreed to by the agency and the board. The contract shall not provide for the exclusion of some, but not all, firefighters, police officers, county peace officers, or local sheriffs. The exclusions of employees, other than firefighters, police officers, county peace officers, or local sheriffs, shall be based on groups of employees such as departments or duties, and not on individual employees.
(2) The exclusions of groups shall not be made by amendments to contracts. An amendment to a contract to enumerate or clarify provisions related to groups of employees in a manner that does not expand those already subject to exclusion shall not be considered an exclusion prohibited by this paragraph.
(3) Membership in this system is compulsory for all employees included under a contract.
(b) This section shall not be construed to supersede Sections 20303 and 20305.
(c) The changes to this section made by the act adding this subdivision shall apply to a contract entered into, amended, or extended on and after January 1, 2021.
(Amended by Stats. 2020, Ch. 223, Sec. 2. (AB 2967) Effective January 1, 2021.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 3 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › CHAPTER 5 - Contract Members of System › ARTICLE 2 - Contract Provisions › Section 20503.

20503. Notwithstanding Section 20055, a contracting agency may amend its contract to remove exclusions prospectively only, and without creating liability for prior 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 5 - Contract Members of System › ARTICLE 2 - Contract Provisions › Section 20504.

20504. Notwithstanding Section 20055, a contracting agency, which is a reciprocal system pursuant to Section 20351, may amend its contract to remove an exclusion of groups of employees of the reciprocal system who elect to become members of this system prospectively only. The amendment shall not create liability for prior 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 5 - Contract Members of System › ARTICLE 2 - Contract Provisions › Section 20505.

20505. Notwithstanding any other provision of law, every employee who enters or reenters service with a contracting agency on and after January 1, 1992, shall immediately become a member of this system irrespective of any probationary period, if the employee would otherwise be eligible for membership. This system shall not exclude employees, or groups of employees, solely on the basis of their status as probationary employees.
(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 5 - Contract Members of System › ARTICLE 2 - Contract Provisions › Section 20506.

20506. Any contract heretofore or hereafter entered into shall subject the contracting agency and its employees to all provisions of this part and all amendments thereto applicable to members, local miscellaneous members, or local safety members except those provisions that are expressly inapplicable to a contracting agency until it elects to be subject to those provisions.
(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 5 - Contract Members of System › ARTICLE 2 - Contract Provisions › Section 20507.

20507. A contracting agency whose contract is effective on and after January 1, 1974, that does not become an employer for purposes of Chapter 9 (commencing with Section 20790), or a contracting agency that ceases to be an employer, shall be subject to all provisions of the retirement law as it exists on the date of contract or on the date a contracting agency ceases to be an employer, whichever the case may be, and as it may be amended thereafter excepting the provisions of Chapter 9, other than Section 20834, and those amendments thereafter as are expressly made inapplicable to a contracting agency until the agency elects to be subject thereto.
(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 5 - Contract Members of System › ARTICLE 2 - Contract Provisions › Section 20508.

20508. When a contracting agency is succeeded by another agency, whether or not the former agency ceases to exist, or when the functions of a contracting agency are assumed by a succeeding agency, the succeeding agency, may, if it is not already a contracting agency, become a contracting agency of this system. If a succeeding agency is or becomes a contracting agency, the contract of the former agency shall be merged into the contract of the succeeding agency.
Whenever there is a merger of contracts pursuant to this section, whether in whole or in part, the assumed contracts, or portions thereof, of the former agency’s contract shall cease to exist and the contract of the succeeding agency shall be deemed a continuation of the prior agency’s contract. However, any changes in contract terms in the succeeding agency’s contract with respect to employees of the former agency shall be considered as a new contract with respect to those provisions.
Accumulated contributions held for or made by the former agency and its employees, and assets derived from those contributions, shall be merged with analogous contributions under the contract of the succeeding agency. Credit for prior and current service to members under the former agency’s contract, which accrued while they were eligible for membership, shall not be reduced by the merger. Employees of a noncontracting public agency included in the succeeding agency contract shall become members in the manner applicable to employees of other contracting agencies and shall receive credit for service accordingly.
The liability to this system with respect to service credited under the former agency’s contract shall become a contractual liability of the succeeding agency. The former and succeeding agencies may agree to apportion and adjust between them any payments with respect to service credit liability. However, no agreement shall operate to defeat the liability of the succeeding agency with respect to that 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 5 - Contract Members of System › ARTICLE 2 - Contract Provisions › Section 20508.5.

20508.5. On and after June 30, 2020, a successor agency, pursuant to Section 20508, for the Central Fire Protection District and the Aptos/La Selva Fire Protection District may provide employees the defined benefit plan or formula that those employees received from their respective employer prior to the consolidation. The successor agency shall designate the surviving contract within 180 days of the consolidation.
(Added by Stats. 2020, Ch. 65, Sec. 1. (AB 1140) Effective January 1, 2021.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 3 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › CHAPTER 5 - Contract Members of System › ARTICLE 2 - Contract Provisions › Section 20509.

20509. When a school district ceases to exist and is succeeded by, or the territory thereof is attached to, another school district that is a contracting agency, the contract under which the contracting agency participates in this system shall be considered, with respect to the former district and its employees, a continuation of the contract under which the former district participated, with the changes as the succeeding contract contains. The board shall determine the amount of accumulated contributions held under the contract of the county superintendent of schools which had been made by the former district, and the contributions shall be transferred to the credit of the contract under which the succeeding district participates.
Nothing in this section or Section 20508 shall authorize a school district, the formation of which becomes effective for all purposes after October 1, 1961, to participate in this system except as provided in Chapter 6 (commencing with Section 20610).
(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 5 - Contract Members of System › ARTICLE 2 - Contract Provisions › Section 20510.

20510. When a hospital becomes a contracting agency pursuant to subdivision (p) of Section 20057, the contract shall be construed as a continuation of the city’s contract for all purposes of this part, and the sponsoring city, the hospital, and the board shall enter into an agreement under the terms of which hospital employees shall retain, under the hospital’s contract, all of the retirement rights and benefits that have accrued to them under the city’s contract. The board shall compute the unpaid costs, if any, of the accrued rights and benefits, and the city shall pay to the board that amount in a manner and at times satisfactory to all parties to the agreement. Thereafter, the city shall be relieved and discharged from all liabilities on account of rights and benefits that have accrued to the hospital employees, and the hospital shall then become liable for those rights and benefits under its contract with the board.
On and after the effective date of the hospital’s contract with the board, neither the city nor the hospital shall be an employer as defined in Section 20790.
All employees of the city who have retired or separated from employment prior to the effective date of the hospital’s contract shall be treated as retired city employees or former city employees, as the case may be, for all purposes of this part, whether or not they ever worked in the hospital.
(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 5 - Contract Members of System › ARTICLE 2 - Contract Provisions › Section 20511.

20511. Notwithstanding this article or Article 5 (commencing with Section 20570), when all or a portion of one agency’s contract is merged into that of another, the retirement allowances may be computed separately for service under the former contract and service under the succeeding contract. In these cases, a transferred member shall be subject to the terms and conditions of the succeeding agency’s contract as the member was a new employee of the succeeding agency at the time of transfer.
Furthermore, when all or a portion of one agency’s contract is merged into that of another, and when eligibility for membership is different between the two contracts, the differences shall not create prior service liabilities as against either agency, and transferred members shall not be entitled under either contract to credit for service rendered when they were not eligible for membership.
(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 5 - Contract Members of System › ARTICLE 2 - Contract Provisions › Section 20512.

20512. Whenever in this part an election is given to contracting agencies to subject themselves and their employees to provisions of this part otherwise not applicable to contracting agencies and their employees, a contracting agency may exercise the right of election independently with respect to its employees included in the insurance system established under Title II of the Social Security Act and with respect to its employees not so included and with respect to those employees who are local police officers, local firefighters, county peace officers, local safety members other than local police officers or local firefighters or county peace officers, and local miscellaneous 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 5 - Contract Members of System › ARTICLE 2 - Contract Provisions › Section 20513.

20513. Notwithstanding the election given in Section 20514 to contracting agencies, whether to subject themselves and their employees thereto, the contract of school districts in which the average daily attendance of all districts combined is in excess of 400,000 and which are governed by the same governing board, without action by the governing board, shall be subject to that section and shall include all provisions authorized by Section 20514 to be included therein by contract amendment.
(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 5 - Contract Members of System › ARTICLE 2 - Contract Provisions › Section 20514.

20514. If the effective date of coverage under the federal system of members who are employees of a contracting agency under this system is prior to the time employee federal contributions are first deducted from the salaries and wages of the employees and a reduced benefit is provided with respect to service from and after the effective date of coverage, member contributions shall be transferred in the manner and to the extent provided in this section to the Old Age and Survivors’ Insurance Revolving Fund and applied to payment of employee federal contributions for the period prior to the deductions.
There shall be transferred from the member’s accumulated contributions an amount equal to employee federal contributions due for the member. The amount so transferred shall not exceed the difference between the total normal contributions of the member and the normal contributions that would have been credited to his or her account had the reduced rate of contribution provided in the amended contract with the public agency been in effect from and after the effective date of coverage, assuming that contributions in any year were made in equal monthly installments.
The amount by which the retroactive employee contributions due for a member exceeds the amount transferred from the employee account shall be transmitted to the fund by the contracting agency and constitute an indebtedness of the member to the employer and a lien on any salary or wages payable to the employee or on his or her account.
If the contract is or has been amended to provide for the transfer of retroactive employee contributions in the manner provided in this section, the amount by which the total normal contributions of each member for the period subsequent to the effective date of coverage under the federal system less the total normal contributions that would have been credited to the account of the member had the reduced rate of contribution provided in the amended contract with the public agency been in effect from and after that date of coverage exceed the employee federal contributions for the member for the period after the date of coverage, shall be paid to the member.
(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 5 - Contract Members of System › ARTICLE 2 - Contract Provisions › Section 20515.

20515. (a) A contracting agency that has included this section in its contract with the board, by express provision or by amendment, on or before December 31, 2001, may provide that, notwithstanding any other provision of this part, service that was in fact also covered under the federal system shall not be deemed as service that was also covered under the federal system, for all purposes of this part, except for the benefits provided by Article 3 (commencing with Section 21570) of Chapter 14. The amendment shall only be applicable to persons who are employed on and after the effective date of the amendment.
(b) The amendment made to this section by Chapter 636 of the Statutes of 1994 shall apply only to a contracting agency that includes this section in its contract on and after January 1, 1995, and on or before December 31, 2001.
(Amended by Stats. 2001, Ch. 793, Sec. 9. Effective January 1, 2002.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 3 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › CHAPTER 5 - Contract Members of System › ARTICLE 2 - Contract Provisions › Section 20516.5.

20516.5. (a) Equal sharing of normal costs between a contracting agency or school employer and their employees shall be the standard. It shall be the standard that employees pay at least 50 percent of normal costs and that employers not pay any of the required employee contribution.
(b) Notwithstanding any other provision of this part, a contracting agency or a school district may require that members pay 50 percent of the normal cost of benefits. However, that contribution shall be no more than 8 percent of pay for local miscellaneous or school members, no more than 12 percent of pay for local police officers, local firefighters, and county peace officers, and no more than 11 percent of pay for all local safety members other than police officers, firefighters, and county peace officers.
(c) Before implementing any change pursuant to subdivision (b), for any represented employees, the employer shall complete the good faith bargaining process as required by law, including any impasse procedures requiring mediation and factfinding. Subdivision (b) shall become operative on January 1, 2018. Subdivision (b) shall not apply to any bargaining unit when the members of that contracting agency or school district are paying for at least 50 percent of the normal cost of their pension benefit or the contribution rates specified in subdivision (b) under an agreement reached pursuant to Section 20516.
(Added by Stats. 2012, Ch. 296, Sec. 21. (AB 340) Effective January 1, 2013.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 3 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › CHAPTER 5 - Contract Members of System › ARTICLE 3 - Contracting Agency Financial Obligations › Section 20530.

20530. Any cash and securities to the credit of the local system and held on account of persons who become members of this system shall be transferred to this system, as of the effective date of the contract. The board may make arrangements with the agency for the transfer of assets, other than an amount equal to the total member contributions, over an appropriate period following the effective date of the contract, if it finds that transfer as of the effective date is not possible without hardship to the agency because of contractual restrictions on the return of assets of the local system held by an insurance carrier. The board shall in that case credit, as interest income, the portion of the assets transferred as is necessary to compensate the retirement fund for loss of earnings because of the delay in transfer, the amount to be determined by applying a rate that is equal to the difference between the average rate of earnings of the fund on investments made in fixed income securities during the fiscal year preceding the date of contract and the annual interest rate to the balance of the assets not transferred. The value at which the securities shall be credited to the contracting agency shall be determined by the board. In crediting transferred cash, as the contracting agency’s contributions, the board may fix the credit, by writing down the book value of securities purchased with that cash, at an amount that will result in an interest return under the securities at least equal to the current rate of interest credited to contributions. As of that date, the governing body or head of the local system shall certify the proportion, if any, of its funds that represents the accumulated contributions of the members, and the relative shares of the members.
(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 5 - Contract Members of System › ARTICLE 3 - Contracting Agency Financial Obligations › Section 20530.1.

20530.1. (a) An agency whose contract provides for participation of its employees in this system may request the employees’ service, with the contracting agency, prior to the date the employees became members of this system, be credited under this system. If the employees are members of a local retirement system and received service and contribution credits under that local retirement system, credit in this system may be granted if the system administrator certifies that the local system may be transferred.
(b) This section shall apply only to members employed by the contracting agency on the effective date of the contract or the amendment to the contract in which the contracting agency elects to be subject to the provisions of this section. Any cash and securities to the credit of the local retirement system and held on account of affected employees shall be transferred to this system as of said effective date.
(c) Notwithstanding subdivision (b), the board may make arrangements with the agency for the transfer of all or a portion of assets, or all or a portion of service credit, over an appropriate period following the effective date of the contract or the amendment to the contract, if it finds that transfer as of the effective date is not possible without hardship to the agency or its employees. Nothing in these arrangements for the partial transfer of assets or service credit shall affect the crediting of service for purposes of determining eligibility for benefits under this system. Interest may be charged at the discretion of the board.
(d) This section may not apply to any contracting agency unless and until the agency elects to be subject to this section by contract or amendment to the contract made in the manner prescribed for approval of contracts.
(Amended by Stats. 2003, Ch. 10, Sec. 5. Effective May 14, 2003.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 3 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › CHAPTER 5 - Contract Members of System › ARTICLE 3 - Contracting Agency Financial Obligations › Section 20531.

20531. (a) Shares of members in the funds of a local employer shall be credited to the respective individual accounts of the local agency members who have been included in this system, and administered as if made during membership in this system, except that the annuity provided by those contributions with accumulated interest shall be deducted first from the pension that otherwise would be payable on account of prior service and the balance of the contributions with accumulated interest shall be deducted from the pension that otherwise would be payable on account of current service. The total of the funds transferred to this system shall be offset against the prior or current service liability, as the case may be, before determining the contribution to be paid by the contracting agency.
(b) A former member of the local retirement system who withdrew any contributions prior to the effective date of that agency’s contract with this system is entitled to credit for the service upon which those contributions were made if he or she elects to deposit any of those withdrawn contributions with this system under the terms and conditions specified in Section 20750. Any amounts so deposited with this system shall be administered as provided in this section.
(c) As used in subdivision (b), “former member” shall also include any former member of the local retirement system who failed to exercise the right of election pursuant to paragraph (3) of subdivision (b) of Section 24810 of the Education Code.
(Added by renumbering Section 20523 by Stats. 1996, Ch. 906, Sec. 58. 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 5 - Contract Members of System › ARTICLE 3 - Contracting Agency Financial Obligations › Section 20532.

20532. The contracting agency shall make the contribution for its employees in this system, as recommended by the actuary and approved by the board and certified by it to the contracting agency.
The contribution may consist of fixed sums, percentages of compensation of contract members, or both, and shall be paid to this system as provided in the contract.
The actual contribution is subject to adjustment by the board as may be necessary on account of any additional prior service credits that the contracting agency may desire to provide for its employees in this system or on account of experience under this system as determined by periodical investigation, valuation and determination required to be made by the board, including adjustments determined as necessary by the board, even after the total contributions determined, plus subsequent adjustments, if any, have been completely paid.
(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 5 - Contract Members of System › ARTICLE 3 - Contracting Agency Financial Obligations › Section 20533.

20533. The employer contribution rate adopted under this part, or because of amendments to the contract or to this part, apply to all compensation upon the basis of which member’s contributions are deducted after those employer contribution rates became or become effective.
If correction of the amount of compensation reported is required, the employer contributions shall be computed using the employer contribution rate in effect at the time that the compensation requiring adjustment was earned.
(Amended by Stats. 2014, Ch. 237, Sec. 3. (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 5 - Contract Members of System › ARTICLE 3 - Contracting Agency Financial Obligations › Section 20534.

20534. The board may make arrangements with any contracting agency for the payment of the prior service liability on terms that its financial condition will permit.
(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 5 - Contract Members of System › ARTICLE 3 - Contracting Agency Financial Obligations › Section 20535.

20535. The expense of determining initially the approximate and actual contributions, with respect to its employees, shall be assessed against and paid by the public agency on whose account it is incurred. Payment shall be made directly to the consulting actuary, if any, and directly to the board for services rendered by its employees.
(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 5 - Contract Members of System › ARTICLE 3 - Contracting Agency Financial Obligations › Section 20536.

20536. (a) The board may include each year in the contribution required of the contracting agency a reasonable amount, which may differ from agency to agency, to cover the costs of administering this system as it affects the active and retired employees of that agency. The board may also assess a contracting agency a reasonable amount to cover costs incurred because of the agency’s failure to submit reports and forward contributions on a timely basis. The payments shall be credited to the current appropriation for support of the board and available for expenditure by the board.
(b) Upon request, the board shall provide information to a contracting agency concerning the amount of administrative costs to be charged to each contracting agency with respect to those plans within the system in which the contracting agency participates.
(Amended by Stats. 2004, Ch. 190, Sec. 1. Effective January 1, 2005.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 3 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › CHAPTER 5 - Contract Members of System › ARTICLE 3 - Contracting Agency Financial Obligations › Section 20537.

20537. The board may charge interest on the amount of any payment due and unpaid by a contracting agency until payment is received. Interest shall be charged at a simple annual rate of 10 percent. The interest shall be deemed interest earnings for the year in which the late payment is received.
(Amended by Stats. 2023, Ch. 159, Sec. 3. (SB 885) Effective January 1, 2024.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 3 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM › CHAPTER 5 - Contract Members of System › ARTICLE 3 - Contracting Agency Financial Obligations › Section 20538.

20538. (a) All amounts due to the retirement system by a contracting agency under this part shall be paid through an electronic funds transfer method prescribed by the board. This payment requirement is effective upon declaration by the board.
(b) A contracting agency that is unable, for good cause, to comply with subdivision (a), may apply to the board for a waiver that allows the agency to pay in an alternate manner as prescribed by the board, but not by credit card payment.
(Added by Stats. 2009, Ch. 118, Sec. 3. (AB 637) 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 5 - Contract Members of System › ARTICLE 4 - Alternative Supplemental Service Retirement Plans for Local Miscellaneous Members of Riverside County › Section 20550.

20550. Notwithstanding any provision of this chapter, Riverside County may, after executing an agreement therefor, separate and apart from Chapter 10 (commencing with Section 3500) of Division 4 of Title 1, with representatives of recognized employee organizations, as defined by subdivision (b) of Section 3501, amend its contract to provide the alternate benefit afforded by Section 20552 for its local miscellaneous members whose service is included in the federal system and the benefit afforded by Section 20553 for all its local miscellaneous members. The employer’s contribution rate shall be fixed pursuant to this article.
Participation in the plan afforded by this article shall be available to any employee of the contracting agency who is a local miscellaneous member subject to Section 21353 on the day immediately preceding the effective date of a contract amendment entered into pursuant to this article.
Each contracting agency shall ensure that each eligible member receives sufficient information to permit an informed election, is counseled regarding the financial implications of the foregoing choices, and receives an election document. The election document shall be filed with the contracting agency.
A local miscellaneous member who is subject to this article shall also be subject to all other provisions of this part. However, in the event of a conflict, this article shall supersede and prevail over provisions or the application of provisions otherwise contained in this part.
(Amended by Stats. 1996, Ch. 906, Sec. 61. 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 5 - Contract Members of System › ARTICLE 4 - Alternative Supplemental Service Retirement Plans for Local Miscellaneous Members of Riverside County › Section 20551.

20551. A person who becomes a local miscellaneous member of a contracting agency on or after the effective date of the agency’s contract to be subject to this article shall be subject to the benefits provided in Section 21353 but may, during an open 120-day period in each calendar year, to be determined by the contracting agency, make an irrevocable election to be subject, for all future local miscellaneous service with the contracting agency on and after the first of the month following the filing of the election with the employer, to the benefits provided by Section 20552 or Section 20553. A current member may make an irrevocable election to be subject to the benefits provided for in this article for all future local miscellaneous service with the contracting agency during an annual open 120-day period to be determined by the contracting agency and that shall be effective on the first of the month following the filing of the election with the employer.
Notwithstanding any other provision of this article, a member who has elected to be subject to Section 20552 may, at any annual open period next following the attainment of 10 years of credited service with the contracting agency, irrevocably elect to be subject, prospectively only, to the benefits provided by Section 21353 or Section 20553. Any person who makes that election may never thereafter change that election.
(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 5 - Contract Members of System › ARTICLE 4 - Alternative Supplemental Service Retirement Plans for Local Miscellaneous Members of Riverside County › Section 20552.

20552. The combined current and prior service pensions for a local miscellaneous member whose service is subject to this article is a pension derived from the contributions of the employee which, when added to the service retirement annuity that is derived from the accumulated normal contributions of the member at the date of retirement shall equal the fraction of one-hundredth of the member’s final compensation set forth opposite the member’s age at retirement taken to the preceding completed quarter year in the following table, multiplied by the member’s number of years of local miscellaneous service subject to this article:
Age at
Retirement
Fraction
55  ........................
.5000
55¼  ........................
.5250
55½  ........................
.5500
55¾  ........................
.5750
56  ........................
.6000
56¼  ........................
.6250
56½  ........................
.6500
56¾  ........................
.6750
57  ........................
.7000
57¼  ........................
.7250
57½  ........................
.7500
57¾  ........................
.7750
58  ........................
.8000
58¼  ........................
.8250
58½  ........................
.8500
58¾  ........................
.8750
59  ........................
.9000
59¼  ........................
.9250
59½  ........................
.9500
59¾  ........................
.9750
60  ........................
1.0000
60¼  ........................
1.0250
60½  ........................
1.0500
60¾  ........................
1.0750
61  ........................
1.1000
61¼  ........................
1.1250
61½  ........................
1.1500
61¾  ........................
1.1750
62  ........................
1.2000
62¼  ........................
1.2250
62½  ........................
1.2500
62¾  ........................
1.2750
63  ........................
1.3000
63¼  ........................
1.3250
63½  ........................
1.3500
63¾  ........................
1.3750
64  ........................
1.4000
64¼  ........................
1.4250
64½  ........................
1.4500
64¾  ........................
1.4750
65  ........................
1.5000
Notwithstanding any other provision of this part, the retirement allowance formula for any member subject to this section who has 35 years of credited service and attains age 55 years, is the fraction of final compensation set forth above at age 65 multiplied by the current and prior service subject to this section that the member is credited with at retirement.
A local miscellaneous member subject to this section 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 five years of state service.
(Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)