reglab/statecodes huggingface dataset:
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 21 - Public Pension and Retirement Plans › ARTICLE 1 - General Provisions › Section 7508.5.

7508.5. Except as otherwise provided in Section 20098 or 31528 of this code, or Section 22212.5 of the Education Code, an individual who was a member of the retirement board of a public pension or retirement system, as defined in subdivision (h) of Section 17 of Article XVI of the California Constitution, or an administrator, executive officer, investment officer, or general counsel of that board, shall not, for a period of two years after leaving that position, for compensation, act as agent or attorney for, or otherwise represent, any other person except the public entity maintaining that pension or retirement system, by making any formal or informal appearance before, or any oral or written communication to, the pension or retirement system, or any officer or employee thereof, if the appearance or communication is made for the purpose of influencing administrative or legislative action, or any action or proceeding involving the issuance, amendment, awarding, or revocation of a permit, license, grant, contract, or sale or purchase of goods or property.
(Added by Stats. 2009, Ch. 301, Sec. 2. (AB 1584) Effective October 11, 2009.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 21 - Public Pension and Retirement Plans › ARTICLE 1 - General Provisions › Section 7509.

7509. (a) The restrictions upon rates of interest contained in Section 1 of Article XV of the California Constitution shall not apply to any loans made by, or forbearances of, any state or local public retirement system, including, but not limited to, any public retirement system authorized and regulated by the State Teachers’ Retirement Law, the Public Employees’ Retirement Law, the County Employees Retirement Law of 1937, any public retirement system administered by the Teachers Retirement Board or Board of Administration of the Public Employees’ Retirement System, or any public retirement system acting pursuant to the laws of this state or the laws of any local agency.
(b) For the purposes of this section, “local agency” means county, city, city and county, district, school district, or any public or municipal corporation, political subdivision, or other public agency of the state, or any instrumentality of one or more of these agencies.
(c) This section creates and authorizes any state or local retirement system as an exempt class of persons pursuant to Section 1 of Article XV of the California Constitution.
(Amended by Stats. 2006, Ch. 538, Sec. 236. Effective January 1, 2007.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 21 - Public Pension and Retirement Plans › ARTICLE 1 - General Provisions › Section 7510.5.

7510.5. (a) For purposes of this section, the following definitions apply:
(1) “Board” means the Board of Administration of the Public Employees’ Retirement System or the Teachers’ Retirement Board.
(2) “Climate-related financial risk” means risk that may include material financial risk posed to the fund by the effects of the changing climate, such as intense storms, rising sea levels, higher global temperatures, economic damages from carbon emissions, and other financial and transition risks due to public policies to address climate change, shifting consumer attitudes, changing economics of traditional carbon-intense industries.
(3) “Fund” means the Public Employees’ Retirement Fund described in Section 20062 or the Teachers’ Retirement Fund described in Section 22167 of the Education Code.
(b) To the extent the board identifies climate-related financial risk as a material risk to the fund, that risk shall be analyzed.
(c) By January 1, 2020, and every three years thereafter, the board shall publicly report on its analysis of the climate-related financial risk of its public market portfolio, including the alignment of the fund with the Paris climate agreement and California climate policy goals and the exposure of the fund to long-term risks.
(d) The board shall include in the reports pursuant to subdivision (c) the methods and results of the board’s engagement related to climate-related financial risk with publicly traded companies that are the most carbon intense, such as utilities, oil, and gas producers, within the fund. This component of the reports shall include both of the following:
(1) A summary of climate-related financial risk-related engagement activities undertaken.
(2) A description of additional action taken, or planned to be taken, by the board to address climate-related financial risk, including a list of proxy votes and shareholder proposals initiated by the board.
(e) Nothing in this section shall require the board to take action as described in this section unless the board determines in good faith that the action described in this section is consistent with the fiduciary responsibilities of the board as described in Section 17 of Article XVI of the California Constitution.
(f)  This section shall remain in effect only until January 31, 2035, and as of that date is repealed.
(Added by Stats. 2018, Ch. 731, Sec. 2. (SB 964) Effective January 1, 2019. Repealed as of January 31, 2035, by its own provisions.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 21 - Public Pension and Retirement Plans › ARTICLE 1 - General Provisions › Section 7511.

7511. Notwithstanding any other provision to the contrary:
(a) A public retirement system may purchase insurance for its fiduciaries or for itself to cover liability or losses occurring by reason of the act or omission of a fiduciary, if the insurance permits recourse by the insurer against the fiduciary in the case of a breach of a fiduciary obligation by the fiduciary.
(b) A fiduciary may purchase insurance to cover liability under this section from and for his or her own account.
(c) An employer or an employee organization may purchase insurance to cover potential liability of one or more persons who serve in a fiduciary capacity with regard to an employee benefit plan.
(Added by Stats. 1984, Ch. 1503, Sec. 4.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 21 - Public Pension and Retirement Plans › ARTICLE 1 - General Provisions › Section 7512.

7512. Each state and local public pension or retirement system shall, on and after the 90th day following the completion of the annual audit of the system, mail or otherwise provide to any member who makes a request therefor and pays, if required, a fee, a concise annual report on the investments and earnings of the system and other related matters. The report shall be published in a low-cost format.
Each local public pension or retirement system may impose a fee for each copy of the report in an amount sufficient to pay all costs incurred in the preparation and dissemination of the report.
(Amended by Stats. 1991, Ch. 281, Sec. 1.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 21 - Public Pension and Retirement Plans › ARTICLE 1 - General Provisions › Section 7513.

7513. (a) In the case of a state or local retirement system or plan that is subject to Section 401(a)(31) of the Internal Revenue Code, if, under the terms of the system or plan, a person becomes entitled to a distribution that constitutes an “eligible rollover distribution” within the meaning of Section 401(a)(31)(C) of the Internal Revenue Code, the person may elect, under terms and conditions to be established by the administrator of the system or plan, to have the distribution or a portion thereof paid directly to a plan that constitutes an “eligible retirement plan” within the meaning of Section 401(a)(31)(D) of the Internal Revenue Code, as specified by the person. Upon the exercise of the election by a person with respect to a distribution or portion thereof, the distribution by the system or plan of the amount so designated, once distributable under the terms of the system or plan, shall be made in the form of a direct rollover to the eligible retirement plan so specified.
(b) The purpose and intent of this section is to enable the state and local retirement systems and plans that are subject to Section 401(a)(31) of the Internal Revenue Code of 1986, as amended, to comply with the requirements of that section regarding the provision of an election for direct rollover of certain plan distributions.
(Added by Stats. 1992, Ch. 1047, Sec. 1. Effective January 1, 1993.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 21 - Public Pension and Retirement Plans › ARTICLE 1 - General Provisions › Section 7513.72.

7513.72. (a) As used in this section:
(1) “Board” means the Board of Administration of the Public Employees’ Retirement System or the Teachers’ Retirement Board of the State Teachers’ Retirement System, as applicable.
(2) “Company” means a sole proprietorship, organization, association, corporation, partnership, venture, or other entity, or its subsidiary or affiliate, that exists for profitmaking purposes or to otherwise secure economic advantage.
(3) “Dakota Access Pipeline” means the oil pipeline connecting the Bakken oil fields in northwest North Dakota to Illinois, traveling through South Dakota and Iowa, that runs north and upstream of the Standing Rock Sioux Reservation.
(4) “Investment” means the purchase, ownership, or control of publicly issued stock, corporate bonds, or other debt instruments issued by a company.
(5) “Public employee retirement funds” means the Public Employees’ Retirement Fund described in Section 20062 of this code and the Teachers’ Retirement Fund described in Section 22167 of the Education Code.
(b) On or before April 1, 2018, the board shall file a report with the Legislature, in compliance with Section 9795, and the Governor that shall include the following:
(1) A list of investments the board has in companies constructing, or funding the construction of, the Dakota Access Pipeline.
(2) A list of companies identified pursuant to paragraph (1) with which the board has constructively engaged, including:
(A) A detailed description of the board and its staff’s engagement activities with each company, including, but not limited to, the number of engagement interactions with each company.
(B) A detailed description of the results of the engagement, including, but not limited to, agreements reached between the board and the company.
(C) An evaluation as to the efficacy of the engagement, including, but not limited to, whether the engagement resulted in a change of action by the investing firm or company with which funds were invested.
(c) It is the intent of the Legislature that on or before April 1, 2018, the board review and consider factors related to tribal sovereignty and indigenous tribal rights as part of the board’s investment policies related to environmental, social, and governance issues.
(d) Nothing in this section shall require a board to take action as described in this section unless the board determines in good faith that the action described in this section is consistent with the fiduciary responsibilities of the board described in Section 17 of Article XVI of the California Constitution.
(Added by Stats. 2017, Ch. 575, Sec. 2. (AB 20) Effective January 1, 2018.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 21 - Public Pension and Retirement Plans › ARTICLE 1 - General Provisions › Section 7513.85.

7513.85. (a) The board shall develop and implement, on or before June 30, 2010, a policy requiring the disclosure of payments to placement agents in connection with system investments in or through external managers. The policy shall include, but not be limited to, the following requirements:
(1) Disclosure of the existence of relationships between external managers and placement agents.
(2) A resume for each officer, partner, or principal of the placement agent detailing the person’s education, professional designations, regulatory licenses, and investment and work experience.
(3) A description of any and all compensation of any kind provided, or agreed to be provided, to a placement agent.
(4) A description of the services to be performed by the placement agent.
(5) A statement whether the placement agent, or any of its affiliates, are registered with the Securities and Exchange Commission or the Financial Industry Regulatory Association, or any similar regulatory agent in a country other than the United States, and the details of that registration or explanation as to why no registration is required.
(6) A statement whether the placement agent, or any of its affiliates, is registered as a lobbyist with any state or national government.
(b) Any external manager or placement agent that violates the policy shall not solicit new investments from the system for five years after the violation was committed. However, this prohibition may be reduced by a majority vote of the board at a public session upon a showing of good cause.
(c) The system shall not enter into any agreement with an external manager that does not agree in writing to comply with the policy.
(d) Nothing in this section shall require the board to take action as described in this section unless the board determines, in good faith, that the action described in this section is consistent with the fiduciary responsibilities of the board as described in Section 17 of Article XVI of the California Constitution.
(Added by Stats. 2009, Ch. 301, Sec. 4. (AB 1584) Effective October 11, 2009.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 21 - Public Pension and Retirement Plans › ARTICLE 1 - General Provisions › Section 7513.86.

7513.86. Except as provided in subdivisions (b) and (c) of Section 82047.3, a person shall not act as a placement agent in connection with any potential system investment made by a state public retirement system unless that person is registered as a lobbyist in accordance with Chapter 6 (commencing with Section 86100) of Title 9 and is in full compliance with the Political Reform Act of 1974 (Title 9 (commencing with Section 81000)) as that act applies to lobbyists.
(Added by Stats. 2010, Ch. 668, Sec. 2. (AB 1743) Effective January 1, 2011.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 21 - Public Pension and Retirement Plans › ARTICLE 1 - General Provisions › Section 7513.87.

7513.87. (a) A person acting as a placement agent in connection with any potential system investment made by a local public retirement system shall file any applicable reports with a local government agency that requires lobbyists to register and file reports and shall comply with any applicable requirements imposed by a local government agency pursuant to Section 81013.
(b) This section does not apply to either of the following:
(1) An individual who is an employee, officer, director, equityholder, partner, member, or trustee of an external manager who spends one-third or more of his or her time, during a calendar year, managing the securities or assets owned, controlled, invested, or held by the external manager.
(2) An employee, officer, or director of an external manager, or of an affiliate of an external manager, if all of the following apply:
(A) The external manager is registered as an investment adviser or a broker-dealer with the Securities and Exchange Commission or, if exempt from or not subject to registration with the Securities and Exchange Commission, any appropriate state securities regulator.
(B) The external manager is participating in a competitive bidding process, such as a request for proposals, or has been selected through that process and is providing services pursuant to a contract executed as a result of that competitive bidding process.
(C) The external manager, if selected through a competitive bidding process described in subparagraph (B), has agreed to a fiduciary standard of care, as defined by the standards of conduct applicable to the retirement board of a public pension or retirement system and set forth in Section 17 of Article XVI of the California Constitution, when managing a portfolio of assets of a public retirement system in California.
(Amended by Stats. 2011, Ch. 704, Sec. 2. (SB 398) Effective October 9, 2011.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 21 - Public Pension and Retirement Plans › ARTICLE 1 - General Provisions › Section 7513.9.

7513.9. (a) Any placement agent, prior to acting as a placement agent in connection with any potential system investment, shall disclose to the board all campaign contributions made by the placement agent to any elected member of the board during the prior 24-month period. Additionally, any subsequent campaign contribution made by the placement agent to an elected member of the board during the time the placement agent is receiving compensation in connection with a system investment shall also be disclosed.
(b) Any placement agent, prior to acting as a placement agent in connection with any potential system investment, shall disclose to the board all gifts, as defined in Section 82028, given by the placement agent to any member of the board during the prior 24-month period. Additionally, any subsequent gift given by the placement agent to any member of the board during the time the placement agent is receiving compensation in connection with a system investment shall also be disclosed.
(Added by Stats. 2009, Ch. 301, Sec. 5. (AB 1584) Effective October 11, 2009.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 21 - Public Pension and Retirement Plans › ARTICLE 1 - General Provisions › Section 7513.95.

7513.95. A member or employee of the board shall not, directly or indirectly, by himself or herself, or as an agent, partner, or employee of a person or entity other than the board, sell or provide any investment product that would be considered an asset of the fund to any public retirement system in California.
(Added by Stats. 2009, Ch. 301, Sec. 6. (AB 1584) Effective October 11, 2009.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 21 - Public Pension and Retirement Plans › ARTICLE 1 - General Provisions › Section 7513.97.

7513.97. As used in Section 11 of Article VII of the Constitution, the following terms have the following meanings:
(a) “Actuarial equivalent” means a benefit of equal value when computed upon the basis of the mortality tables adopted and the actuarial interest rate fixed by the Board of Administration of the Public Employees’ Retirement System.
(b) “Beneficiary” means any person or corporation designated by a member, a retired member, or statute, or the estate of a member or retired member designated by the member or retired member, to receive a benefit under the retirement system, on account of the death of the member or retired member.
(c) “Salary” means the actual wages paid but shall not include any other benefits, such as, but not limited to, health and dental benefits, retirement benefits, vacation pay, and per diem.
(d) “Unmodified pension or retirement allowance” means the maximum pension or retirement allowance receivable, prior to any selection of an optional settlement and includes any cost-of-living adjustment and any other increase granted subsequent to retirement.
(Added by renumbering Section 7514 (as added by Stats. 1984, Ch. 220) by Stats. 2011, Ch. 296, Sec. 117. (AB 1023) Effective January 1, 2012.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 21 - Public Pension and Retirement Plans › ARTICLE 1 - General Provisions › Section 7514.

7514. (a) Notwithstanding any other provision of law except Chapter 7 (commencing with Section 16649.80) of Part 2 of Division 4 of Title 2, any state or local public retirement system may invest, subject to and consistent with the standard for prudent investment set forth in Section 17 of Article XVI of the California Constitution, its assets in the bonds or other evidences of indebtedness unconditionally guaranteed by any foreign government that has met the payments of similar bonds or other evidences of indebtedness when due.
(b) A portion of the assets invested pursuant to this section may be used to purchase rated or unrated bonds, notes, or other instruments unconditionally guaranteed by Canada, Israel, Mexico, or South Africa.
(Amended by Stats. 1994, Ch. 46, Sec. 1. Effective January 1, 1995.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 21 - Public Pension and Retirement Plans › ARTICLE 1 - General Provisions › Section 7514.1.

7514.1. Notwithstanding any other provision of law except Chapter 7 (commencing with Section 16649.80) of Part 2 of Division 4 of Title 2, any state or local public retirement system may invest, subject to and consistent with the standard for prudent investment set forth in Section 17 of Article XVI of the California Constitution, and the state and any political subdivision of the state may, invest its assets in rated bonds, notes, or other obligations issued, assumed, or unconditionally guaranteed by the African Development Bank, the Asian Development Bank, the Caribbean Development Bank, the Inter-American Development Bank, the International Finance Corporation, the International Bank for Reconstruction and Development, the European Bank for Reconstruction and Development, and any other international financial institution that has met the payments of similar bonds, notes, or other obligations when due and in which the United States is a member.
(Amended by Stats. 1995, Ch. 91, Sec. 45. Effective January 1, 1996.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 21 - Public Pension and Retirement Plans › ARTICLE 1 - General Provisions › Section 7514.2.

7514.2. (a) As used in this section, the following definitions shall apply:
(1) “Board” means the Board of Administration of the Public Employees’ Retirement System, the Teachers’ Retirement Board, or the board of retirement or board of investments of a retirement system established pursuant to the County Employees Retirement Law of 1937 (Chapter 3 (commencing with Section 31450) of Part 3 of Division 4 of Title 3).
(2) “Infrastructure” includes, but is not limited to, telecommunications, power, transportation, ports, petrochemical, and utilities.
(b) A board may, subject to and consistent with its fiduciary duties and the standard for prudent investment set forth in Section 20190 of this code, Section 22203 of the Education Code, and Section 17 of Article XVI of the California Constitution, prioritize investment in an in-state infrastructure project over a comparable out-of-state project.
(c) The Legislature encourages each board to prioritize investment in in-state infrastructure projects over alternative out-of-state infrastructure projects if the investments in the in-state projects are consistent with the board’s fiduciary duties to minimize the risk of loss and to maximize the rate of return.
(d) Nothing in this section shall require a board to take action that is inconsistent with its plenary authority and fiduciary responsibilities, as described in Section 17 of Article XVI of the California Constitution.
(Amended by Stats. 2013, Ch. 766, Sec. 1. (AB 205) Effective January 1, 2014.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 21 - Public Pension and Retirement Plans › ARTICLE 1 - General Provisions › Section 7514.3.

7514.3. Notwithstanding any other provision of law, state pension systems may, subject to and consistent with their fiduciary duties and the standard for prudent investment set forth in Section 20190 of this code and Section 17 of Article XVI of the California Constitution, establish credit enhancement programs to assist entities of state and local government and other issuers of municipal and public finance debt to secure more favorable financing terms through a variety of types of credit enhancement including, but not limited to, enhancement of the credit of bonds, notes, and other indebtedness. Any credit enhancement program shall comply with the requirements of Section 503 of the Internal Revenue Code.
(Added by Stats. 2004, Ch. 266, Sec. 1. Effective August 23, 2004.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 21 - Public Pension and Retirement Plans › ARTICLE 1 - General Provisions › Section 7514.5.

7514.5. Notwithstanding any other provision of law, whenever the rights of a member of the Public Employees’ Retirement System, the State Teachers’ Retirement System, or a retirement system established under the County Employees Retirement Law of 1937, because of membership in another retirement system, are conditional upon employment within a specified period of time after termination of service in another retirement system, that specified period shall be the period of service in full-time elective office on and after November 6, 1990, if the member was a full-time elective officer on or after that date and becomes a member of any of those retirement systems within 120 days after termination of the full-time elective office.
(Added by Stats. 1998, Ch. 1074, Sec. 1. Effective September 30, 1998.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 21 - Public Pension and Retirement Plans › ARTICLE 2 - Joint Retirement System Investment Information Sharing › Section 7515.

7515. It is the intent of this chapter to authorize and encourage the Public Employees’ Retirement System and the State Teachers’ Retirement System to regularly cooperate and share information that may assist both systems in developing and implementing appropriate investment strategies, with the advice of investment experts selected by the systems who are willing to share their knowledge and expertise.
(Repealed and added by Stats. 2000, Ch. 320, Sec. 3. Effective January 1, 2001.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 21 - Public Pension and Retirement Plans › ARTICLE 2 - Joint Retirement System Investment Information Sharing › Section 7516.

7516. Notwithstanding any other provision of law, confidential information or documents relating to investments in the possession of the Public Employees’ Retirement System or the State Teachers’ Retirement System shall not lose their confidential status due to the fact that the information or documents are shared with the other system or with investment advisors selected by the systems to advise on asset allocation, active verses passive management, or other investment issues of mutual interest and concern. Nothing in this chapter shall be construed to authorize the release or sharing of documents or information in violation of federal law or the terms of a contract.
(Added by Stats. 2000, Ch. 320, Sec. 3. Effective January 1, 2001.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 21 - Public Pension and Retirement Plans › ARTICLE 3 - Deposits of Public Pension and Retirement Funds › Section 7520.

7520. (a) Notwithstanding any other provision of law, any public pension fund or retirement system of this state or local agency of this state may contract with a savings and loan association doing business in this state under terms by which the association shall receive deposits of money from the fund or system for a term of 12 months or longer upon the association’s agreement to offer loans for the construction of new residential structures and related improvements, including apartment buildings or other multiple-unit structures, in an amount equal to the amount of the deposit, at a rate of interest equal to the rate of interest on the deposit plus 200 basis points. The savings and loan association may require additionally an origination fee not exceeding the amount required by the savings and loan association for comparable loans not subject to this section, but in no case exceeding 5 percent of the loan amount. This fee shall not be deemed to include any expenses of the association directly related to approving, processing, or recording loans made pursuant to this section. Reasonable charges to cover those expenses may be imposed in connection with the loans.
(b) Nothing in this section shall authorize a pension fund or retirement system to make deposits at less than the otherwise applicable rate of interest nor prohibit the fund or system from depositing funds with other financial institutions or under other conditions.
(Amended by Stats. 2006, Ch. 538, Sec. 237. Effective January 1, 2007.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 21 - Public Pension and Retirement Plans › ARTICLE 4 - California Public Employees Pension Reform Act of 2013 › Section 7522.

7522. This article shall be known as the California Public Employees’ Pension Reform Act of 2013.
(Added by Stats. 2012, Ch. 296, Sec. 15. (AB 340) Effective January 1, 2013.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 21 - Public Pension and Retirement Plans › ARTICLE 4 - California Public Employees Pension Reform Act of 2013 › Section 7522.05.

7522.05. (a) A joint powers authority formed on or after January 1, 2013, and formed pursuant to the provisions of the Joint Exercise of Powers Act (Article 1 (commencing with Section 6500) of Chapter 5), where at least one member agency provided benefits on or before December 31, 2012, as described in subdivision (c) of Section 7522.02, may provide employees of that joint powers authority the defined benefit plan or formula that those employees received from their respective employers prior to the exercise of a common power where that employee was not a new member with that employer and subsequently is employed by the joint powers authority within 180 days of the member agency providing for the exercise of a common power.
(b) The formation of a joint powers authority on or after January 1, 2013, shall not act in a manner as to exempt a new employee or a new member, as defined by Section 7522.04, hired by that joint powers authority from the requirements of the Public Employees’ Pension Reform Act of 2013. New members may only participate in a defined benefit plan or formula that conforms to the requirements of the Public Employees’ Pension Reform Act of 2013.
(Added by Stats. 2016, Ch. 729, Sec. 1. (SB 1203) Effective January 1, 2017.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 21 - Public Pension and Retirement Plans › ARTICLE 4 - California Public Employees Pension Reform Act of 2013 › Section 7522.15.

7522.15. Except as provided in subdivisions (d) and (e) of Section 7522.02, each public employer and each public retirement system that offers a defined benefit plan shall offer only the defined benefit formulas established pursuant to Sections 7522.20 and 7522.25 to new members.
(Added by Stats. 2012, Ch. 296, Sec. 15. (AB 340) Effective January 1, 2013.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 21 - Public Pension and Retirement Plans › ARTICLE 4 - California Public Employees Pension Reform Act of 2013 › Section 7522.18.

7522.18. (a) A public employer that does not offer a supplemental defined benefit plan before January 1, 2013, shall not offer a supplemental defined benefit plan for any employee on or after January 1, 2013.
(b) A public employer that provides a supplemental defined benefit plan, including a defined benefit plan offered by a private provider, before January 1, 2013, shall not offer a supplemental defined benefit plan to any additional employee group to which the plan was not provided before January 1, 2013.
(c) Except as provided in Chapter 38 (commencing with Section 25000) of Article 1 of Part 13 of Title 1 of the Education Code, a public employer shall not offer or provide a supplemental defined benefit plan, including a defined benefit plan offered by a private provider, to any employee hired on or after January 1, 2013.
(Added by Stats. 2012, Ch. 296, Sec. 15. (AB 340) Effective January 1, 2013.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 21 - Public Pension and Retirement Plans › ARTICLE 4 - California Public Employees Pension Reform Act of 2013 › Section 7522.32.

7522.32. For the purposes of determining a retirement benefit to be paid to a new member of a public retirement system, the following shall apply:
(a) Final compensation shall mean the highest average annual pensionable compensation earned by the member during a period of at least 36 consecutive months, or at least three consecutive school years if applicable, immediately preceding his or her retirement or last separation from service if earlier, or during any other period of at least 36 consecutive months, or at least three consecutive school years if applicable, during the member’s applicable service that the member designates on the application for retirement.
(b) On or after January 1, 2013, an employer shall not modify a benefit plan to permit a calculation of final compensation on a basis of less than the average annual compensation earned by the member during a consecutive 36-month period, or three school years if applicable, for members who have been subject to at least a 36-month or three-school-year calculation prior to that date.
(Amended by Stats. 2013, Ch. 528, Sec. 7. (SB 13) Effective October 4, 2013.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 21 - Public Pension and Retirement Plans › ARTICLE 4 - California Public Employees Pension Reform Act of 2013 › Section 7522.40.

7522.40. (a) A public employer shall not provide to a public employee who is elected or appointed, a trustee, excluded from collective bargaining, exempt from civil service, or a manager any vesting schedule for the employer contribution payable for postretirement health benefits that is more advantageous than that provided generally to other public employees, including represented employees, of the same public employer who are in related retirement membership classifications.
(b) This section shall not require an employer to change the vesting schedule for the employer contribution payable for postretirement health benefits of any public employee who was subject to a specific vesting schedule pursuant to statute, collective bargaining agreement, or resolution for these employer contributions prior to January 1, 2013, or who had a contractual agreement with an employer prior to January 1, 2013, for a specific vesting schedule for these employer contributions.
(Amended by Stats. 2013, Ch. 528, Sec. 9. (SB 13) Effective October 4, 2013.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 21 - Public Pension and Retirement Plans › ARTICLE 4 - California Public Employees Pension Reform Act of 2013 › Section 7522.42.

7522.42. (a) In addition to any other benefit limitation prescribed by law, for the purposes of determining a public retirement benefit paid to a new member of a public retirement system, the maximum salary, compensation, or payrate taken into account under the plan for any year shall not exceed the amount permitted to be taken into account under Section 401(a)(17) of Title 26 of the United States Code or its successor.
(b) A public employer shall not seek an exception to the prohibition in subdivision (a) on or after January 1, 2013.
(c) For employees first hired on or after January 1, 2013, a public employer shall not make employer contributions to any qualified retirement plan or plans on behalf of an employee based on that portion of the amount of total pensionable compensation that exceeds the amount specified in Section 401(a)(17) of Title 26 of the United States Code, or its successor.
(d) This section shall not apply to salary, compensation, or payrate paid to individuals who, due to their dates of hire, are not subject to the limits specified in subdivision (a).
(Added by Stats. 2012, Ch. 296, Sec. 15. (AB 340) Effective January 1, 2013.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 21 - Public Pension and Retirement Plans › ARTICLE 4 - California Public Employees Pension Reform Act of 2013 › Section 7522.43.

7522.43. (a) A public employer shall not offer a plan of replacement benefits for members and any survivors or beneficiaries whose retirement benefits are limited by Section 415 of Title 26 of the United States Code. This section shall apply to new members.
(b) A public retirement system may continue to administer a plan of replacement benefits for employees first hired prior to January 1, 2013.
(c) A public employer that does not offer a plan of replacement benefits prior to January 1, 2013, shall not offer such a plan for any employee on or after January 1, 2013.
(d) A public employer that offers a plan of replacement benefits prior to January 1, 2013, shall not offer such a plan to any additional employee group to which the plan was not provided prior to January 1, 2013.
(Amended by Stats. 2013, Ch. 528, Sec. 10. (SB 13) Effective October 4, 2013.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 21 - Public Pension and Retirement Plans › ARTICLE 4 - California Public Employees Pension Reform Act of 2013 › Section 7522.44.

7522.44. This section shall apply to all public employers and to all public employees:
(a) Any enhancement to a public employee’s retirement formula or retirement benefit adopted on or after January 1, 2013, shall apply only to service performed on or after the operative date of the enhancement and shall not be applied to any service performed prior to the operative date of the enhancement.
(b) If a change to a member’s retirement membership classification or a change in employment results in an enhancement in the retirement formula or retirement benefit applicable to that member, that enhancement shall apply only to service performed on or after the operative date of the change and shall not be applied to any service performed prior to the operative date of the change.
(c) For purposes of this section, “operative date” in a collective bargaining agreement means one of the following:
(1) The date that the agreement is signed by the parties.
(2) A date agreed to by the parties that will occur after the date that the agreement is signed by the parties.
(3) A date designated by the parties that occurred prior to the date the agreement was signed if the most recent collective bargaining contract was expired at the time of the agreement and the date designated is not earlier than 12 months prior to the date of the agreement or the day after the last day of the expired bargaining contract, whichever occurred later.
(d) For purposes of this section, an increase to a retiree’s annual cost-of-living adjustment within existing statutory limits shall not be considered to be an enhancement to a retirement benefit.
(Added by Stats. 2012, Ch. 296, Sec. 15. (AB 340) Effective January 1, 2013.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 21 - Public Pension and Retirement Plans › ARTICLE 4 - California Public Employees Pension Reform Act of 2013 › Section 7522.46.

7522.46. (a) A public retirement system shall not allow the purchase of nonqualified service credit, as defined by Section 415(n)(3)(C) of the Internal Revenue Code of 1986 (26 U.S.C. Sec. 415(n)(3)(C)).
(b) Subdivision (a) shall not apply to an official application to purchase nonqualified service credit that is received by the public retirement system prior to January 1, 2013, that is subsequently approved by the system.
(Added by Stats. 2012, Ch. 296, Sec. 15. (AB 340) Effective January 1, 2013.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 21 - Public Pension and Retirement Plans › ARTICLE 4 - California Public Employees Pension Reform Act of 2013 › Section 7522.48.

7522.48. (a) Final compensation of a member for the purpose of determining any pension or benefit resulting from service as an elective or appointed officer on a city council or a county board of supervisors accrued while in membership of a public retirement system shall be based on the highest average annual pensionable compensation earned by the member during the period of service in each elective or appointed office. Where that elective or appointed service is a consideration in the computation of any pension or benefit, the member may have more than one final compensation.
(b) Any final compensation calculation shall otherwise be subject to this article except that if any individual period of elective service is less than 36 months or three years, then the entire period of that individual’s elected service shall be used to determine the final compensation for that period of service.
(c) This section shall apply to a member first elected or appointed to a city council or a county board of supervisors on or after January 1, 2013.
(Added by Stats. 2012, Ch. 296, Sec. 15. (AB 340) Effective January 1, 2013.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 21 - Public Pension and Retirement Plans › ARTICLE 4 - California Public Employees Pension Reform Act of 2013 › Section 7522.52.

7522.52. (a) In any fiscal year, a public employer’s contribution to a defined benefit plan, in combination with employee contributions to that defined benefit plan, shall not be less than the normal cost rate, as defined in Section 7522.30, for that defined benefit plan for that fiscal year.
(b) The board of a public retirement system may suspend contributions when all of the following apply:
(1) The plan is funded by more than 120 percent, based on a computation by the retirement system actuary in accordance with the Governmental Accounting Standards Board requirements that is included in the annual valuation.
(2) The retirement system actuary, based on the annual valuation, determines that continuing to accrue excess earnings could result in disqualification of the plan’s tax-exempt status under the provisions of the federal Internal Revenue Code.
(3) The board determines that the receipt of any additional contributions required under this section would conflict with its fiduciary responsibility set forth in Section 17 of Article XVI of the California Constitution.
(Added by Stats. 2012, Ch. 296, Sec. 15. (AB 340) Effective January 1, 2013.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 21 - Public Pension and Retirement Plans › ARTICLE 4 - California Public Employees Pension Reform Act of 2013 › Section 7522.70.

7522.70. (a) This section shall apply to any elected public officer who takes public office, or is reelected to public office, on or after January 1, 2006.
(b) If an elected public officer is convicted during or after holding office of any felony involving accepting or giving, or offering to give, any bribe, the embezzlement of public money, extortion or theft of public money, perjury, or conspiracy to commit any of those crimes arising directly out of his or her official duties as an elected public officer, he or she shall forfeit all rights and benefits under, and membership in, any public retirement system in which he or she is a member, effective on the date of final conviction.
(c) (1) The elected public officer described in subdivision (b) shall forfeit only that portion of his or her rights and benefits that accrued on or after January 1, 2006, on account of his or her service in the elected public office held when the felony occurred.
(2) Paragraph (1) shall apply to the extent permissible by law.
(d) Any contributions made by the elected public officer described in subdivision (b) to the public retirement system that arose directly from or accrued solely as a result of his or her forfeited service as an elected public officer shall be returned, without interest, to the public officer.
(e) The public agency that employs an elected public officer described in subdivision (b) shall notify the public retirement system in which the officer is a member of the officer’s conviction.
(f)  An elected public officer shall not forfeit his or her rights and benefits pursuant to subdivision (b) if the governing body of the elected public officer’s employer, including, but not limited to, the governing body of a city, county, or city and county, authorizes the public officer to receive those rights and benefits.
(g) For purposes of this section, “public officer” means an officer of the state, or an officer of a county, city, city and county, district, or authority, or any department, division, bureau, board, commission, agency, or instrumentality of any of these entities.
(h) This section applies to any person appointed to service for the period of an elected public officer’s unexpired term of office.
(i) On and after January 1, 2013, this section shall not apply in any instance in which Section 7522.72 or 7522.74 applies.
(Amended by Stats. 2014, Ch. 238, Sec. 2. (AB 2476) Effective January 1, 2015.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 22 - Letters and Correspondence › Section 7525.

7525. The letterhead or other prominent location on official stationery of each state agency, and county, city, including, but not limited to, a chartered city, and each school district, municipal corporation, district, political subdivision, and board, commission, and agency thereof, and every other local public agency, used in communication with the public, shall include the telephone number of such entity. The telephone number may be typed or handwritten on the letterhead or other prominent location.
(Added by Stats. 1976, Ch. 1079.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 22 - Letters and Correspondence › Section 7526.

7526. In addition to the requirements of Section 7525, the letterhead or other prominent location on official stationery of each state agency, and county, city, including, but not limited to, a chartered city, and each school district, municipal corporation, district, political subdivision, and board, commission, and agency thereof, and every other local public agency, used in communication with the public shall include, in addition to the telephone number of the agency, the address and telephone number, if different from the telephone number of the agency otherwise required to appear thereon, to which inquiry regarding the subject matter of the specific communication may be made. The address and telephone number may be typed or handwritten on the letterhead or other prominent location.
(Added by renumbering Section 7801 by Stats. 1977, Ch. 579.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 22 - Letters and Correspondence › Section 7527.

7527. Every letter to any person from a state agency shall be signed by, or contain the name of, the writer, authorized representative, or contact person familiar with the subject area. In the case of computer-generated letters, a telephone number and an address where a person familiar with the subject area may be contacted shall be given.
(Added by Stats. 1983, Ch. 511, Sec. 1.)