reglab/statecodes huggingface dataset:
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 2 - LEGISLATIVE DEPARTMENT › PART 1 - LEGISLATURE › CHAPTER 3.5 - Retirement of Legislators › ARTICLE 1 - Definitions and General Provisions › Section 9351.

9351. “Service” means the period of time, computed in years and fractions thereof, a member has held office as a Member of the Senate or of the Assembly or as an elective officer of the state in any office provided for by the Constitution, except that of judge. “Service,” with respect to a legislative statutory officer, shall be construed to refer to “state service,” as defined in Section 9350.56.
In computing years of service under this act, each full term served as a Member of the Senate shall be deemed to constitute four (4) calendar years, each full term served as a Member of the Assembly shall be deemed to constitute two (2) calendar years, and each period of service from the commencement of one general session of the Legislature to the commencement of the next, prior to the term commencing in 1967, shall be deemed to constitute two (2) calendar years. Commencing in 1967, each period of service from the commencement of one regular session of the Legislature to the commencement of the next shall be deemed to constitute one (1) calendar year. Commencing in 1973, each period of service from the commencement of one regular session of the Legislature to the commencement of the next shall be deemed to constitute two (2) calendar years. Each full term served as an elective officer of the state whose office is provided for by the Constitution shall be deemed to constitute four (4) calendar years.
(Amended by Stats. 1973, Ch. 7.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 2 - LEGISLATIVE DEPARTMENT › PART 1 - LEGISLATURE › CHAPTER 3.5 - Retirement of Legislators › ARTICLE 1 - Definitions and General Provisions › Section 9351.1.

9351.1. “Retirement” means withdrawal from membership in this system with a retirement allowance granted under this chapter.
(Added by Stats. 1947, Ch. 879.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 2 - LEGISLATIVE DEPARTMENT › PART 1 - LEGISLATURE › CHAPTER 3.5 - Retirement of Legislators › ARTICLE 1 - Definitions and General Provisions › Section 9351.2.

9351.2. “Benefit” means the retirement or survivor allowance granted under this chapter or payment of accumulated contributions or lump-sum payments with respect to the death of a member.
(Amended by Stats. 1980, Ch. 1213.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 2 - LEGISLATIVE DEPARTMENT › PART 1 - LEGISLATURE › CHAPTER 3.5 - Retirement of Legislators › ARTICLE 1 - Definitions and General Provisions › Section 9351.3.

9351.3. “Legislator” means a Member of the Assembly or a Member of the Senate, an elective officer of the state whose office is provided by the Constitution, the Insurance Commissioner, or a legislative statutory officer.
(Amended by Stats. 1993, Ch. 1227, Sec. 1. Effective January 1, 1994.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 2 - LEGISLATIVE DEPARTMENT › PART 1 - LEGISLATURE › CHAPTER 3.5 - Retirement of Legislators › ARTICLE 1 - Definitions and General Provisions › Section 9351.4.

9351.4. All references to “spouse,” “surviving spouse,” or “marriage” in this chapter apply equally to a domestic partner or domestic partnership, as defined in Section 297 of the Family Code, and all rights and responsibilities granted to a spouse or surviving spouse shall be granted equally to a domestic partner to the extent provided by Section 297.5 of the Family Code.
(Added by Stats. 2012, Ch. 833, Sec. 1. (SB 987) Effective January 1, 2013.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 2 - LEGISLATIVE DEPARTMENT › PART 1 - LEGISLATURE › CHAPTER 3.5 - Retirement of Legislators › ARTICLE 2 - Administration › Section 9353.

9353. This system shall be administered by the Board of Administration of the Public Employees’ Retirement System. The board shall administer this system in accordance with the provisions of the Public Employees’ Retirement Law to the same extent and with the same effect as if those provisions are contained in the Legislators’ Retirement Law, except for those provisions which provide for the payment of an allowance or other benefit and except for those provisions which conflict with any provision or provisions of the Legislators’ Retirement Law. To the extent applicable, the board shall also administer this system in conformance with the California Public Employees’ Pension Reform Act of 2013 (Article 4 (commencing with Section 7522) of Chapter 21 of Division 7 of Title 1) to the same extent and with the same effect as if the provisions of the act are contained in the Legislators’ Retirement Law. If the Board of Administration of the Public Employees’ Retirement System determines that there is a conflict between the provisions of the California Public Employees’ Pension Reform Act of 2013 and this chapter, the provisions of the California Public Employees’ Pension Reform Act of 2013 shall control.
(Amended by Stats. 2013, Ch. 526, Sec. 1. (SB 220) Effective January 1, 2014.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 2 - LEGISLATIVE DEPARTMENT › PART 1 - LEGISLATURE › CHAPTER 3.5 - Retirement of Legislators › ARTICLE 2 - Administration › Section 9353.1.

9353.1. The board may make such rules as it deems necessary and proper for the administration of this system.
(Added by Stats. 1947, Ch. 879.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 2 - LEGISLATIVE DEPARTMENT › PART 1 - LEGISLATURE › CHAPTER 3.5 - Retirement of Legislators › ARTICLE 2 - Administration › Section 9353.2.

9353.2. The board shall determine who are members of this system and is the sole judge of the conditions under which persons may be admitted to and continue to receive benefits under this system.
(Added by Stats. 1947, Ch. 879.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 2 - LEGISLATIVE DEPARTMENT › PART 1 - LEGISLATURE › CHAPTER 3.5 - Retirement of Legislators › ARTICLE 2 - Administration › Section 9353.3.

9353.3. From time to time the board shall determine the rate of interest being earned on the Legislators’ Retirement Fund, and shall credit all contributions of members and retired members with interest at the net earnings rate, compounded at each June 30th.
(Amended by Stats. 1985, Ch. 168, Sec. 2.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 2 - LEGISLATIVE DEPARTMENT › PART 1 - LEGISLATURE › CHAPTER 3.5 - Retirement of Legislators › ARTICLE 2 - Administration › Section 9353.4.

9353.4. At the end of each fiscal year the board may credit to all contributions held in the fund at June 30th of the then current fiscal year, such interest in excess of the current rate as it deems proper in the light of the earnings on the fund during that fiscal year, but not more than the difference between such earnings and the interest credited at the current rate to contributions during that year.
(Added by Stats. 1947, Ch. 879.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 2 - LEGISLATIVE DEPARTMENT › PART 1 - LEGISLATURE › CHAPTER 3.5 - Retirement of Legislators › ARTICLE 2 - Administration › Section 9353.5.

9353.5. Each member of this system shall file with the board any information affecting his or her status as a member as the board may require.
(Amended by Stats. 2002, Ch. 664, Sec. 89. Effective January 1, 2003.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 2 - LEGISLATIVE DEPARTMENT › PART 1 - LEGISLATURE › CHAPTER 3.5 - Retirement of Legislators › ARTICLE 2 - Administration › Section 9353.6.

9353.6. The Chief Clerk of the Assembly shall give the board immediate written notice of the change in status of any legislative statutory officer elected by the Assembly or Member of the Assembly resulting from induction into office, resignation, expulsion, death, or any other circumstances terminating his or her office as Member of the Assembly, or as a legislative statutory officer, and the Secretary of the Senate shall give the board immediate written notice of any change in status of any Member of the Senate or legislative statutory officer elected by the Senate. The Secretary of State shall give the board immediate written notice of any change in status of any elective state officer who is eligible to membership in the system.
(Amended by Stats. 2002, Ch. 664, Sec. 89.1. Effective January 1, 2003.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 2 - LEGISLATIVE DEPARTMENT › PART 1 - LEGISLATURE › CHAPTER 3.5 - Retirement of Legislators › ARTICLE 2 - Administration › Section 9353.7.

9353.7. If it is impracticable for the board to determine from the records the length of service, compensation, or age of any member of this system, or if any member refuses or fails to give the board a statement of his or her state service, compensation, or age, the board may estimate the length of service, compensation, or age.
(Amended by Stats. 2002, Ch. 664, Sec. 89.2. Effective January 1, 2003.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 2 - LEGISLATIVE DEPARTMENT › PART 1 - LEGISLATURE › CHAPTER 3.5 - Retirement of Legislators › ARTICLE 2 - Administration › Section 9353.8.

9353.8. If more or less than the correct amount of contribution required of members or the State is paid, proper adjustment shall be made in connection with subsequent payments, or such adjustments may be made by direct cash payments between the member or the State and the board. Adjustments to correct any other errors in payments to or by the board may be made in the same manner.
(Added by Stats. 1947, Ch. 879.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 2 - LEGISLATIVE DEPARTMENT › PART 1 - LEGISLATURE › CHAPTER 3.5 - Retirement of Legislators › ARTICLE 2 - Administration › Section 9354.

9354. The Legislators’ Retirement Fund in the State Treasury is hereby established. All moneys received by this system pursuant to this chapter shall be deposited in the fund, and all retirement allowances, benefits, optional settlements, and other obligations or payments payable by this system pursuant to this chapter shall be paid from the fund. Costs of administration shall be paid from annual appropriations from earnings on the fund. Notwithstanding Section 13340, all moneys in the fund are continuously appropriated without regard to fiscal years.
(Amended by Stats. 1991, Ch. 892, Sec. 1.5. Effective October 14, 1991.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 2 - LEGISLATIVE DEPARTMENT › PART 1 - LEGISLATURE › CHAPTER 3.5 - Retirement of Legislators › ARTICLE 2 - Administration › Section 9354.1.

9354.1. The board has the exclusive control of the administration and investment of the fund, with the same powers and duties, and subject to the same limitations and restrictions, that are applicable to the administration and investment of the Public Employees’ Retirement Fund. All of the provisions of the Public Employees’ Retirement Law applicable to the administration, investment, and custody of the Public Employees’ Retirement Fund are hereby made applicable to the Legislators’ Retirement Fund, to the same extent and with the same effect as if the Legislators’ Retirement Fund were expressly mentioned therein.
(Amended by Stats. 1969, Ch. 122.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 2 - LEGISLATIVE DEPARTMENT › PART 1 - LEGISLATURE › CHAPTER 3.5 - Retirement of Legislators › ARTICLE 2 - Administration › Section 9354.2.

9354.2. In addition to other records and accounts, the board shall keep such records and accounts as may be necessary to show at any time:
(a) The total accumulated contributions of members.
(b) The accumulated contributions of the State held on account of members, which shall include the amounts available to meet the obligation of the State on account of benefits granted to retired members.
(Added by Stats. 1947, Ch. 879.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 2 - LEGISLATIVE DEPARTMENT › PART 1 - LEGISLATURE › CHAPTER 3.5 - Retirement of Legislators › ARTICLE 2 - Administration › Section 9354.3.

9354.3. As soon as practicable after the close of each fiscal year, the board shall file with the Governor a report of its work for such fiscal year. Not later than March 15th next following the close of the fiscal year, the board shall transmit a copy of such report to each house of the Legislature and may transmit a copy to every member and beneficiary of the system.
(Amended by Stats. 1980, Ch. 1213.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 2 - LEGISLATIVE DEPARTMENT › PART 1 - LEGISLATURE › CHAPTER 3.5 - Retirement of Legislators › ARTICLE 2 - Administration › Section 9354.5.

9354.5. The board shall keep in convenient form such data as is necessary for the actuarial valuation of this system. As of June 30, 1973, and thereafter at the ends of periods not to exceed four years, it shall cause to be made an actuarial investigation into the mortality, service and compensation experience of members and persons receiving benefits and an actuarial valuation of the assets and liabilities of this system. From time to time it shall determine the rate of interest being earned on the Legislators’ Retirement Fund.
The board shall cause to be published, as of the date of the investigation and valuation, a financial statement showing an actuarial valuation of the assets and liabilities of this system and a statement as to the accumulated cash and securities in the Legislators’ Retirement Fund as certified by the Controller.
The board shall include recommendations for financing the system in the financial statement.
(Added by Stats. 1972, Ch. 1192.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 2 - LEGISLATIVE DEPARTMENT › PART 1 - LEGISLATURE › CHAPTER 3.5 - Retirement of Legislators › ARTICLE 2 - Administration › Section 9354.6.

9354.6. When there is insufficient data upon which to establish mortality rates or other actuarial assumptions required to evaluate the obligations of the system, the board may adopt appropriate assumptions which are necessary, upon the advice and recommendation of the actuary.
All computations, payments, and other acts previously made or done by the board or its officers and employees which would be valid if this section had been in effect at the time the computations, payments, or other acts were made or done are hereby ratified, confirmed, and validated.
(Added by Stats. 1981, Ch. 388, Sec. 1.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 2 - LEGISLATIVE DEPARTMENT › PART 1 - LEGISLATURE › CHAPTER 3.5 - Retirement of Legislators › ARTICLE 2 - Administration › Section 9354.7.

9354.7. (a) Whenever a person entitled to payment of a member’s accumulated contributions or any other benefit fails to claim the payment or cannot be located or a warrant in payment is canceled pursuant to Section 17070, the amount owed from the retirement fund shall be administered in accordance with subdivision (c).
(b) Whenever the amount of a benefit payable by this system cannot be determined because the recipient cannot be identified or information necessary to determination of the benefit to be paid cannot be ascertained, the accumulated contributions of the member on whose account the benefit is payable shall be administered in accordance with subdivision (c).
(c) Notwithstanding any provision of law to the contrary, the amounts described in subdivisions (a) and (b) shall be held, or if a warrant has been drawn the warrant shall be redeposited in the retirement fund and held for the claimant without further accumulation of interest, and the redeposit shall not operate to reinstate the membership of the person with respect to whose membership the refund or benefit was payable in this system. If the proceeds, whether heretofore or hereafter redeposited, are not claimed within four years after the date of the redeposit, they shall revert to and become part of the fund. Transfer to the fund shall be made as of the June 30th next following the expiration of the four-year period.
The board may at any time after transfer of proceeds to the fund upon receipt of proper information satisfactory to it, return the proceeds to the credit of the claimant, to be administered in the manner provided under this system.
(Added by Stats. 1983, Ch. 773, Sec. 1.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 2 - LEGISLATIVE DEPARTMENT › PART 1 - LEGISLATURE › CHAPTER 3.5 - Retirement of Legislators › ARTICLE 3 - Membership › Section 9355.

9355. Any Member of the Senate or Assembly may file with the board at any time during incumbency in that office, a written election to become a member of this system. Upon the filing of the election he or she becomes a member of this system on the first day of the month following the filing of the election.
(Amended by Stats. 2002, Ch. 664, Sec. 89.3. Effective January 1, 2003.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 2 - LEGISLATIVE DEPARTMENT › PART 1 - LEGISLATURE › CHAPTER 3.5 - Retirement of Legislators › ARTICLE 3 - Membership › Section 9355.1.

9355.1. A person ceases to be a member of this system:
(a) Upon retirement pursuant to this chapter.
(b) Upon death.
(c) Except as provided in Section 9355.2 or while absent on military service, on the 31st day after he or she ceases to be a legislator.
(d) Upon resignation from membership in this system.
(Amended by Stats. 2002, Ch. 664, Sec. 89.4. Effective January 1, 2003.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 2 - LEGISLATIVE DEPARTMENT › PART 1 - LEGISLATURE › CHAPTER 3.5 - Retirement of Legislators › ARTICLE 3 - Membership › Section 9355.16.

9355.16. Any member of this system who is charged, by indictment, with the commission of any felony involving the accepting or giving, or offering to accept or give, any bribe, the embezzlement of public money, extortion, theft of public funds, perjury, or conspiracy to commit any of these crimes, arising directly out of his or her official duties, and who is a fugitive from justice, shall be suspended from membership in this system while the charge is pending and until final disposition of the charge. At any time during the period of suspension of membership, the person so suspended shall be entitled to withdraw his or her accumulated contributions from the system, and any withdrawal shall constitute an election to terminate membership in the system.
This section applies only to persons who are charged with the commission after the effective date of this section of a felony described in this section by an indictment filed after the effective date of this section.
(Amended by Stats. 2002, Ch. 664, Sec. 89.5. Effective January 1, 2003.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 2 - LEGISLATIVE DEPARTMENT › PART 1 - LEGISLATURE › CHAPTER 3.5 - Retirement of Legislators › ARTICLE 3 - Membership › Section 9355.2.

9355.2. Notwithstanding any other provision of this chapter, if the service of a member is discontinued by any means other than death or retirement pursuant to this chapter, he or she shall have the right to elect not later than 90 days after the date upon which notice of that right is mailed by this system by registered mail to the member’s latest address on file in the office of this system, and without right of revocation, whether to allow his or her accumulated contributions to remain in the fund. Failure to make that election shall be deemed an irrevocable election to resign from this system and withdraw his or her accumulated contributions. A member whose membership continues under this section is subject to the same age requirements as apply to other members for retirement, and upon qualification for retirement by age, he or she shall, upon his or her application therefor to the board, be retired, and receive a retirement allowance based upon the service with which he or she is credited, in the same manner as other members of this system.
(Amended by Stats. 2002, Ch. 664, Sec. 89.6. Effective January 1, 2003.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 2 - LEGISLATIVE DEPARTMENT › PART 1 - LEGISLATURE › CHAPTER 3.5 - Retirement of Legislators › ARTICLE 3 - Membership › Section 9355.3.

9355.3. Any member may resign from this system at any time prior to retirement, by written resignation filed with the Board of Administration.
(Added by Stats. 1947, Ch. 879.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 2 - LEGISLATIVE DEPARTMENT › PART 1 - LEGISLATURE › CHAPTER 3.5 - Retirement of Legislators › ARTICLE 3 - Membership › Section 9355.4.

9355.4. (a) Every elective officer of the state whose office is provided for by the California Constitution, except judges, may become a member of this system. Except for judges, every elective officer in office at the time this section becomes effective may, within 90 days after the effective date, file with the board a written election to become a member of this system. Except for judges, every elective officer elected after the effective date of this section may file an election within 90 days after the commencement of the first term of office for which he or she is elected. Upon the filing of the election he or she becomes a member of this system on the first day of the month following the filing of the election.
(b) This section shall not apply to any person who first becomes an elective officer of the state on or after January 1, 2013.
(Amended by Stats. 2012, Ch. 296, Sec. 16. (AB 340) Effective January 1, 2013.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 2 - LEGISLATIVE DEPARTMENT › PART 1 - LEGISLATURE › CHAPTER 3.5 - Retirement of Legislators › ARTICLE 3 - Membership › Section 9355.41.

9355.41. (a) The Insurance Commissioner may become a member of this system as provided in this section. An Insurance Commissioner who is elected after January 1, 1994, may file an election within 90 days after the commencement of the term of office for which he or she is elected. Upon the filing of the election he or she becomes a member of this system on the first day of the month following the filing of the election.
(b) This section shall not apply to an Insurance Commissioner who is first elected on or after January 1, 2013.
(Amended by Stats. 2012, Ch. 296, Sec. 17. (AB 340) Effective January 1, 2013.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 2 - LEGISLATIVE DEPARTMENT › PART 1 - LEGISLATURE › CHAPTER 3.5 - Retirement of Legislators › ARTICLE 3 - Membership › Section 9355.45.

9355.45. (a) Every legislative statutory officer may become a member of this system. Every such officer in office at the time this section becomes effective may, within 90 days after the effective date, file with the board a written election to become a member of this system. Every such officer, elected after the effective date of this section, may file an election within 90 days after the commencement of the first term of office for which he or she is elected after attaining status as a legislative statutory officer. Upon the filing of the election he or she becomes a member of this system on the first day of the month following the filing of the election.
(b) This section shall not apply to any person who first becomes a legislative statutory officer on or after January 1, 2013.
(Amended by Stats. 2012, Ch. 296, Sec. 18. (AB 340) Effective January 1, 2013.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 2 - LEGISLATIVE DEPARTMENT › PART 1 - LEGISLATURE › CHAPTER 3.5 - Retirement of Legislators › ARTICLE 3 - Membership › Section 9355.5.

9355.5. Membership in this system is exclusive of membership in any other retirement system for state officers and employees. Upon becoming a member of this system, a member ceases to be a member of any other retirement system for state officers and employees of which he or she has been a member. The member is entitled to credit for service rendered prior to membership in this system pursuant to Section 9356.1, but is not entitled to that credit and credit for the same service in any other system.
(Amended by Stats. 2002, Ch. 664, Sec. 89.9. Effective January 1, 2003.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 2 - LEGISLATIVE DEPARTMENT › PART 1 - LEGISLATURE › CHAPTER 3.5 - Retirement of Legislators › ARTICLE 3 - Membership › Section 9355.6.

9355.6. A member is absent on military service while serving with the armed forces of the United States, either during a war as defined in Section 18 of the Military and Veterans Code, or in any other national emergency or in time of peace if he is drafted for such service by the United States Government, and for six months thereafter.
(Added by Stats. 1951, Ch. 384.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 2 - LEGISLATIVE DEPARTMENT › PART 1 - LEGISLATURE › CHAPTER 3.5 - Retirement of Legislators › ARTICLE 3 - Membership › Section 9355.7.

9355.7. Any member who, while serving a term of office as a Member of the Senate or Assembly, is elected or appointed to another public office and resigns his or her office as Member of the Senate or Assembly shall be credited with a period of service equal to the remainder of his or her term as Member of the Senate or Assembly if he or she makes contributions therefor to the Legislators’ Retirement Fund. Those contributions shall be in an amount equal to that which he or she would have made if he or she had served as a Member of the Senate or Assembly during the remainder of his or her term and had received the salary that he or she was receiving on the effective date of such resignation.
(Amended by Stats. 2002, Ch. 664, Sec. 90. Effective January 1, 2003.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 2 - LEGISLATIVE DEPARTMENT › PART 1 - LEGISLATURE › CHAPTER 3.5 - Retirement of Legislators › ARTICLE 3 - Membership › Section 9355.8.

9355.8. For purposes of Section 9355.7, “public office” includes, but is not limited to, positions within the federal government that require appointment by the President of the United States or his or her delegate or a member of the President’s Cabinet or his or her delegate, if the person so appointed is thereafter again elected as a Member of the Senate or Assembly.
This section shall have retroactive application, as well as prospective application, but this section shall not deprive a member of credit for any service credited to him or her on the effective date of this section.
(Amended by Stats. 2002, Ch. 664, Sec. 90.1. Effective January 1, 2003.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 2 - LEGISLATIVE DEPARTMENT › PART 1 - LEGISLATURE › CHAPTER 3.5 - Retirement of Legislators › ARTICLE 4 - Service › Section 9356.

9356. Each member of this system shall receive credit for service for time during which he or she holds office as a legislator after becoming a member of this system.
A member may also receive credit for time during which he or she held office as a legislator prior to becoming a member, provided he or she makes contributions therefor to the Legislators’ Retirement Fund, as provided in Section 9357.2.
(Amended by Stats. 2002, Ch. 664, Sec. 90.2. Effective January 1, 2003.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 2 - LEGISLATIVE DEPARTMENT › PART 1 - LEGISLATURE › CHAPTER 3.5 - Retirement of Legislators › ARTICLE 4 - Service › Section 9356.1.

9356.1. Each member who rendered service prior to the date this chapter becomes operative shall receive credit therefor if he or she makes contributions therefor to the Legislators’ Retirement Fund, as provided in Section 9357.2. No member shall receive credit for any service for which he or she has not contributed as required by this chapter.
(Amended by Stats. 2002, Ch. 664, Sec. 90.3. Effective January 1, 2003.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 2 - LEGISLATIVE DEPARTMENT › PART 1 - LEGISLATURE › CHAPTER 3.5 - Retirement of Legislators › ARTICLE 4 - Service › Section 9356.15.

9356.15. Any person who is a member of the system pursuant to Section 9355.45 may also receive credit for state service prior to the date he or she became a member, whether that service was rendered before or after the operative date of this section, provided that he or she makes the contributions required by Section 9357.2, but at the rate of 6
1
/
2
percent. If he or she elects to make a contribution with respect to service credited under the Public Employees’ Retirement System, he or she shall receive a refund of his or her accumulated contributions in that system with respect to all of his or her state service.
The contribution rate for a person who first commences service in any of the offices listed in Section 9350.55 or who becomes a member of this system on or after January 1, 1982, shall be 8 percent.
(Amended by Stats. 2002, Ch. 664, Sec. 90.4. Effective January 1, 2003.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 2 - LEGISLATIVE DEPARTMENT › PART 1 - LEGISLATURE › CHAPTER 3.5 - Retirement of Legislators › ARTICLE 4 - Service › Section 9356.16.

9356.16. Any person who is a member of the system may also receive credit for state service prior to the date he or she became a member, whether the service was rendered before or after the operative date of this section, provided that he or she makes the contributions required by Section 9357.2, but at the rate of 6
1
/
2
percent. If he or she elects to make these contribution with respect to service credited under the Public Employees’ Retirement System, his or her accumulated contributions, including accrued interest, under that system shall be transferred to his or her account under this system. Contributions transferred from the Public Employees’ Retirement System shall reduce the contributions otherwise required by this section.
The contribution rate for a person who first commences service and who becomes a member of this system on or after January 1, 1982, shall be 8 percent.
(Added by Stats. 1998, Ch. 1074, Sec. 3. Effective September 30, 1998.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 2 - LEGISLATIVE DEPARTMENT › PART 1 - LEGISLATURE › CHAPTER 3.5 - Retirement of Legislators › ARTICLE 4 - Service › Section 9356.2.

9356.2. Each member shall receive credit for service while absent on military service, provided he or she is a member at the time the absence commences or, in the case of military service prior to the effective date of this section, provided he or she was a legislator at the time the absence commenced. Contributions required for credit under this section shall be computed only upon compensation paid, if any, for the period of the absence on military service.
(Amended by Stats. 2002, Ch. 664, Sec. 90.5. Effective January 1, 2003.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 2 - LEGISLATIVE DEPARTMENT › PART 1 - LEGISLATURE › CHAPTER 3.5 - Retirement of Legislators › ARTICLE 4 - Service › Section 9356.21.

9356.21. Each member or former member who has 10 years of credited service in this system shall receive credit for active service of not less than one year in the armed forces of the United States, or continuous active service of not less than one year in the Merchant Marine of the United States prior to January 1, 1950, which service was rendered prior to assuming for the first time a state office for which membership in the system was elective and terminated with a discharge under other than dishonorable conditions; provided, however, that the credit to be given for that service shall be on the basis of one year of credit for each five years of credited service in this system, but shall not exceed a total of four years regardless of the number of years of either that service or subsequent service in this system. However, any member or retired former member electing to receive a credit for such military service shall contribute in lump sum or by installments over such period and subject to such minimum payments as may be prescribed by regulations of the board, at the member’s contribution rate at the time of election or the retired person’s contribution rate at retirement applied, respectively, to the average annual compensation of the member over the three years immediately preceding the election or the average annual compensation of the retired person over the three years immediately preceding retirement.
Military service credit shall not be granted for any military service to which any of the following apply:
(a) In any period for which credit is otherwise given under Section 9356.2.
(b)  For which service credit was received under any other retirement system.
(c) To the extent that total credit under this section would exceed four years.
An election by a member with respect to military service under this section may be made only while the member is in this system.
Any resulting increase in the allowance of a retired former member shall be applied prospectively only.
(Amended by Stats. 1988, Ch. 477, Sec. 1.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 2 - LEGISLATIVE DEPARTMENT › PART 1 - LEGISLATURE › CHAPTER 3.5 - Retirement of Legislators › ARTICLE 4 - Service › Section 9356.3.

9356.3. This section applies to any member heretofore or hereafter elected to fill an unexpired term of office as Member of the Legislature, and who is a Member of the Legislature on the effective date of this section as amended at the 1961 General Session or who becomes a Member of the Legislature after that date.
(a) If the member is elected as a Member of the Legislature at a special election held prior to June 15 of any calendar year, the period of service of the member during the remainder of that calendar year shall constitute one calendar year of service for the purpose of computing service under this act if he or she makes contributions therefor to the Legislators’ Retirement Fund. Those contributions shall be in an amount equal to that which he or she would have made if he or she had served as a legislator during the period of the calendar year prior to his or her election.
(b) If the time of service of a member elected to fill an unexpired term of office as Member of the Legislature amounts to more than one-half of the full term for that office, he or she shall receive credit for service for the full term of office if he or she makes contributions therefor to the Legislators’ Retirement Fund. Those contributions shall be in an amount equal to that which he or she would have made if he or she had served as a legislator during the remainder of the term.
(Amended by Stats. 2002, Ch. 664, Sec. 90.6. Effective January 1, 2003.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 2 - LEGISLATIVE DEPARTMENT › PART 1 - LEGISLATURE › CHAPTER 3.5 - Retirement of Legislators › ARTICLE 4 - Service › Section 9356.5.

9356.5. Any member whose service is discontinued but whose membership is continued under Section 9355.2 and who becomes a member of the Judges’ Retirement System or is entitled to benefits under the Judges’ Retirement Law, may elect to transfer all or part of the service for which he or she is credited under this system to the Judges’ Retirement System pursuant to Section 75030.5. The election may be made at any time prior to retirement by written notice to the board of administration. The member shall designate in the notice the dates of the service that he or she elects to transfer. Upon receipt of the notice by the board of administration, the member’s accumulated contributions on account of the period of service transferred, and the interest thereon, shall be transferred to the Judges’ Retirement Fund.
If the member elects to transfer all of the service for which he or she is credited in this system, his or her membership in this system is terminated. If he or she elects to transfer less than all of the service for which the member is credited in this system, his or her membership is continued under Section 9355.2 and the service with which he or she is credited in this system is reduced by the amount so transferred.
Any member whose service is discontinued but whose membership is continued under Section 9355.2 who is entitled to receive credit under this system by making an election to do so and making a contribution to this system for the service, but who has not made the election, may, after becoming a member of the Judges’ Retirement System, elect to receive credit for all or part of that service in the Judges’ Retirement System pursuant to Section 75030.5. Upon making the election, the member may not thereafter elect to be credited in this system with the service so transferred.
This section does not apply to any person who, on or after January 1, 1986, first becomes or continues as a legislator, as defined in Section 9351.3, in a term of office that commences on or after January 1, 1986.
(Amended by Stats. 2002, Ch. 664, Sec. 90.7. Effective January 1, 2003.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 2 - LEGISLATIVE DEPARTMENT › PART 1 - LEGISLATURE › CHAPTER 3.5 - Retirement of Legislators › ARTICLE 5 - Contributions › Section 9357.

9357. For each year of service rendered after the date this chapter becomes operative, each legislator who is a member of this system shall contribute 4 percent of his or her compensation as a legislator unless he or she is subject to other contribution provisions of this chapter. Those contributions shall be paid as provided in Section 9357.1.
(Amended by Stats. 2002, Ch. 664, Sec. 90.8. Effective January 1, 2003.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 2 - LEGISLATIVE DEPARTMENT › PART 1 - LEGISLATURE › CHAPTER 3.5 - Retirement of Legislators › ARTICLE 5 - Contributions › Section 9357.01.

9357.01. Notwithstanding the provisions of Section 9357 or 9357.05, the rate of contribution for a member of the system first elected after the date this section becomes operative shall be 8 percent.
(Added by Stats. 1971, Ch. 1820.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 2 - LEGISLATIVE DEPARTMENT › PART 1 - LEGISLATURE › CHAPTER 3.5 - Retirement of Legislators › ARTICLE 5 - Contributions › Section 9357.05.

9357.05. Each person who is a member of the system pursuant to Section 9355.45 shall contribute 6
1
/
2
percent of his or her compensation for each year of service rendered as a member of the system. Those contributions shall be paid as provided in Section 9357.15.
(Amended by Stats. 2002, Ch. 664, Sec. 90.9. Effective January 1, 2003.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 2 - LEGISLATIVE DEPARTMENT › PART 1 - LEGISLATURE › CHAPTER 3.5 - Retirement of Legislators › ARTICLE 5 - Contributions › Section 9357.1.

9357.1. Immediately upon receipt of the written election of a legislator to become a member of this system, the board of administration shall certify to the State Controller the name of that member. The Controller shall deduct from each warrant drawn in payment of compensation to the member the amount of contribution at the rate prescribed by the provisions of this chapter with respect to his or her service as a member of this system, and shall remit that amount to the board of administration, to be deposited in the Legislators’ Retirement Fund.
(Amended by Stats. 2002, Ch. 664, Sec. 91. Effective January 1, 2003.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 2 - LEGISLATIVE DEPARTMENT › PART 1 - LEGISLATURE › CHAPTER 3.5 - Retirement of Legislators › ARTICLE 5 - Contributions › Section 9357.15.

9357.15. With respect to each person who is a member of the system pursuant to Section 9355.45, the Controller shall deduct 6
1
/
2
percent from each warrant drawn in payment of compensation to such member, and 8 percent from each warrant drawn in payment of compensation to such members first elected after March 4, 1972, and shall remit such amount to the board of administration, to be deposited in the Legislators’ Retirement Fund.
(Amended by Stats. 1980, Ch. 1213.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 2 - LEGISLATIVE DEPARTMENT › PART 1 - LEGISLATURE › CHAPTER 3.5 - Retirement of Legislators › ARTICLE 5 - Contributions › Section 9357.2.

9357.2. Any member who rendered service prior to the date he or she became a member may elect, at any time prior to retirement, to contribute to the Legislators’ Retirement Fund for each year or fraction thereof for which he or she desires to receive credit for service, a percentage of the compensation received by him or her in respect to that service at the rate prescribed by the provisions of this chapter with respect to his or her service as a member of this system.
Those contributions may be paid by lump sum payment or by installment payments over a period not in excess of the length of time for which the member has elected to receive credit for the prior service, at times and in a manner fixed by the board. No member shall receive credit for any service for which he or she has not contributed as required by this chapter.
(Amended by Stats. 2002, Ch. 664, Sec. 91.1. Effective January 1, 2003.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 2 - LEGISLATIVE DEPARTMENT › PART 1 - LEGISLATURE › CHAPTER 3.5 - Retirement of Legislators › ARTICLE 5 - Contributions › Section 9357.3.

9357.3. If the membership of a member is terminated, except by death or retirement pursuant to this chapter, he or she shall be paid forthwith all of his or her accumulated contributions.
(Amended by Stats. 1999, Ch. 307, Sec. 1. Effective January 1, 2000.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 2 - LEGISLATIVE DEPARTMENT › PART 1 - LEGISLATURE › CHAPTER 3.5 - Retirement of Legislators › ARTICLE 5 - Contributions › Section 9357.4.

9357.4. A member may redeposit in the Legislators’ Retirement Fund, in one sum or in not to exceed 12 monthly or 24 semimonthly payments, an amount equal to any accumulated contributions that have been repaid to him or her pursuant to Section 9357.3, subject to minimum payments fixed by the board, and if he or she makes a redeposit, he or she shall receive credit for all service with which he or she was credited at the time of the repayment.
(Amended by Stats. 2002, Ch. 664, Sec. 91.2. Effective January 1, 2003.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 2 - LEGISLATIVE DEPARTMENT › PART 1 - LEGISLATURE › CHAPTER 3.5 - Retirement of Legislators › ARTICLE 5 - Contributions › Section 9357.45.

9357.45. Notwithstanding any other provisions of this chapter, a person who was a member and entitled to be credited with 10 or more years of service as a Member of the Senate or Assembly and who withdrew his or her accumulated contributions prior to October 1, 1961, and after discontinuance of service, may, at any time before December 31, 1965, redeposit in the fund in one sum an amount equal to the accumulated contributions withdrawn plus the interest that would have been credited to those accumulated contributions had they not been withdrawn, using the rate of interest in effect at the time of redeposit.
Upon the redeposit the person shall become a member with the rights provided under this chapter to a member who elected under Section 9355.2 to allow his or her contributions to remain in the fund.
(Amended by Stats. 2002, Ch. 664, Sec. 91.3. Effective January 1, 2003.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 2 - LEGISLATIVE DEPARTMENT › PART 1 - LEGISLATURE › CHAPTER 3.5 - Retirement of Legislators › ARTICLE 5 - Contributions › Section 9357.46.

9357.46. Any person who was a member and who withdrew his or her accumulated contributions after discontinuance of service may, at any time while he or she is in employment in which he or she is a member of the Public Employees’ Retirement System or the State Teachers’ Retirement System, redeposit into the fund in one sum an amount equal to the accumulated contributions withdrawn plus the interest that would have been credited to those accumulated contributions had they not been withdrawn, using the rate of interest in effect at the time of redeposit.
Upon the redeposit, the person shall become a member with the rights provided a member who elected under Section 9355.2 to allow his or her contributions to remain in the fund.
(Amended by Stats. 2002, Ch. 664, Sec. 91.4. Effective January 1, 2003.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 2 - LEGISLATIVE DEPARTMENT › PART 1 - LEGISLATURE › CHAPTER 3.5 - Retirement of Legislators › ARTICLE 5 - Contributions › Section 9357.5.

9357.5. Upon reentering this system after a termination of his or her membership, if a member does not elect to make, or having so elected, does not make, a redeposit, he or she reenters as a new member, without credit for any service.
(Amended by Stats. 2002, Ch. 664, Sec. 91.5. Effective January 1, 2003.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 2 - LEGISLATIVE DEPARTMENT › PART 1 - LEGISLATURE › CHAPTER 3.5 - Retirement of Legislators › ARTICLE 5 - Contributions › Section 9358.

9358. (a) On and after January 1, 2000, the state’s contribution on account of liability for benefits under this chapter shall be established in accordance with Section 20814.
(b) When the actuarial value of assets exceeds the present value of benefits as of the most recently completed valuation, resulting in a 0 percent contribution rate for the state, as determined by the board, the board may reduce the member contribution rates described in Sections 9357, 9357.01, 9357.05, and 9357.15 for the same fiscal year in which the state rate is reduced to 0 percent.
However, for any fiscal year during which the state’s contribution rate is greater than 0 percent, the members of the system shall pay the applicable member contribution rates described in Sections 9357, 9357.01, 9357.05, and 9357.15.
(Amended by Stats. 1999, Ch. 897, Sec. 1. Effective January 1, 2000.)