reglab/statecodes huggingface dataset:
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 7 - STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN › CHAPTER 3 - Administration of the Plan › Section 22960.35.

22960.35. (a) Except as provided in this part, the plan shall be administered by the board in conformity with its powers and duties for administration of the system as set forth in Part 3 (commencing with Section 20000). The board shall, to the extent that it determines feasible, follow the procedures set forth in Article 7 (commencing with Section 20220) of Chapter 2 of Part 3.
(b) The board may retain a third-party administrator to perform recordkeeping, customer service or other plan administration services.
(c) The board shall notify the Department of Human Resources when it is prepared to implement the plan.
(Amended by Stats. 2012, Ch. 665, Sec. 164. (SB 1308) Effective January 1, 2013.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 7 - STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN › CHAPTER 3 - Administration of the Plan › Section 22960.36.

22960.36. (a) The board shall adopt a trust instrument embodying the material terms and conditions of the plan consistent with this part and the applicable provisions of Title 26 of the United States Code.
(b) The board may, as it deems necessary, amend the plan consistent with this part and the applicable provisions of Title 26 of the United States Code.
(c) The board shall provide reasonable notice to each plan participant of any plan amendment.
(Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 7 - STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN › CHAPTER 3 - Administration of the Plan › Section 22960.37.

22960.37. In administering the plan, the officers and employees of the system shall discharge their duties with respect to the plan solely in the interest of the participants and beneficiaries:
(a) In accordance with the documents and instruments governing the plan insofar as those documents and instruments are consistent with this part.
(b) For the exclusive purpose of both of the following:
(1) Providing benefits to participants and their beneficiaries.
(2) Defraying reasonable expenses of administering the plan.
(c) By investing with the care, skill, prudence, and diligency under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with those matters would use in the conduct of an enterprise of a like character and with like aims.
(Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 7 - STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN › CHAPTER 3 - Administration of the Plan › Section 22960.38.

22960.38. With regard to the plan, the board shall not engage in any transaction prohibited by Section 503(b) of Title 26 of the United States Code.
(Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 7 - STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN › CHAPTER 3 - Administration of the Plan › Section 22960.39.

22960.39. The board may require a third-party administrator, recordkeeper, custodian, or investment manager that is contracted with, or appointed by the system, to be subject to the duties set forth in Section 22960.37.
(Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 7 - STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN › CHAPTER 3 - Administration of the Plan › Section 22960.40.

22960.40. Data filed by any participant or beneficiary with the board is confidential, and no individual record shall be divulged by any official or employee having access to that data to any person other than the participant to whom the information relates or his or her authorized representative, employer, or any state department or agency. The information shall be used by the board for the sole purpose of carrying into effect the provisions of this part. Any information that is requested for retirement purposes by any public agency shall be treated as confidential by the agency.
(a) The board may seek reimbursement for reasonable administrative expenses incurred when providing that information. Except as provided by this section, no participant’s or beneficiary’s address, home telephone number, or other personal information shall be released.
(b) For purposes of this section, “authorized representative” includes the spouse or beneficiary of a participant when no contrary appointment has been made and when, in the opinion of the board, the participant is prevented from appointing an authorized representative because of mental or physical incapacity or death.
(Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 7 - STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN › CHAPTER 4 - The Fund › Section 22960.45.

22960.45. The State Peace Officers’ and Firefighters’ Defined Contribution Plan Fund is hereby established as a special trust fund in the State Treasury to accept participant and employer contributions to the plan.
(Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 7 - STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN › CHAPTER 4 - The Fund › Section 22960.46.

22960.46. The board shall have exclusive control of the investment of the fund.
(Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 7 - STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN › CHAPTER 4 - The Fund › Section 22960.47.

22960.47. Notwithstanding any other provision of law, the board may retain a bank or trust company to serve as a custodian for safekeeping, recordkeeping, delivery, securities valuation, investment performance reporting, or other services in connection with investment and administration of the fund.
(Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 7 - STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN › CHAPTER 4 - The Fund › Section 22960.48.

22960.48. Notwithstanding Section 13340, all moneys in the fund are continuously appropriated, without regard to fiscal years or plan years, to the board to carry out the purposes of this part.
(Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 7 - STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN › CHAPTER 4 - The Fund › Section 22960.49.

22960.49. All costs of the plan shall be charged against the plan participants accounts.
(Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 7 - STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN › CHAPTER 4 - The Fund › Section 22960.50.

22960.50. The assets of the fund shall be valued annually, and may be valued more frequently as prescribed by the board.
(Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 7 - STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN › CHAPTER 4 - The Fund › Section 22960.51.

22960.51. No part of the assets of the fund may revert to the employer until all liabilities of the plan have been fully satisfied.
(Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 7 - STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN › CHAPTER 4 - The Fund › Section 22960.52.

22960.52. Consistent with the requirements of Section 401(a)(2) of the Internal Revenue Code (26 U.S.C. Sec. 401(a)(2)), the corpus or income of the plan’s trust shall not be diverted to, or used for, purposes other than the exclusive benefit of the members or their beneficiaries nor shall there be a reversion of trust funds except as permitted by Revenue Ruling 91-4, 1991-1 C.B. 57, by the Internal Revenue Service.
(Added by renumbering Section 22960.51 (as added by Stats. 2014, Ch. 790, Sec. 3) by Stats. 2015, Ch. 303, Sec. 222. (AB 731) Effective January 1, 2016.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 7 - STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN › CHAPTER 5 - Eligibility › Section 22960.55.

22960.55. (a) Any person who is an eligible employee on the effective date of the plan, as set forth in the memorandum of understanding, shall become a participant on the effective date of the plan.
(b) Any person who becomes an eligible employee after the effective date of the plan shall become a participant on the first day of covered employment.
(Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 7 - STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN › CHAPTER 6 - Contributions › Section 22960.60.

22960.60. (a) Employer and employee contribution rates may be determined by the terms of the memorandum of understanding applicable to each plan participant and the employer in accordance with the requirements of this section.
(b) Through the Department of Human Resources, the employer shall provide the board with a true and correct copy of each memorandum of understanding applicable to plan participants. The board may prescribe procedures for the orderly transmittal and receipt of these documents.
(c) Except as provided in subdivision (e), after receipt of an applicable memorandum of understanding that sets forth an employer contribution rate and any employee contribution rate, the board shall, in accordance with Section 22960.36, amend the plan to provide for the employer contribution rate and any employee contribution rate set forth in the memorandum of understanding.
(d) The employer contribution rate and any employee contribution rate for state peace officers and firefighters who have become subject to this part pursuant to the provisions of subdivision (b) of Section 22960 shall be the contribution rate or rates set forth in the memorandum of understanding for state peace officers and firefighter members in Bargaining Unit 6.
(e) The board may refuse to amend the plan under this section if, in the board’s considered judgment, the proposed amendment would violate any applicable provision of Title 26 of the United States Code.
(f) The initial employer contribution rate shall be prescribed in the memorandum of understanding. In the event an MOU expires and no new memorandums of understanding takes effect, the last memorandums of understanding in place shall control.
(Amended by Stats. 2012, Ch. 665, Sec. 165. (SB 1308) Effective January 1, 2013.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 7 - STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN › CHAPTER 6 - Contributions › Section 22960.61.

22960.61. The employer shall pick up, for the sole purpose of and in accordance with the requirements of Section 414(h)(2) of Title 26 of the United States Code and Section 17501 of the Revenue and Taxation Code, all of the amounts otherwise due as employee contributions, which shall be paid by the employer in lieu of employee contributions and which shall be deducted from the employee’s compensation.
(Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 7 - STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN › CHAPTER 6 - Contributions › Section 22960.62.

22960.62. Pursuant to terms and conditions established by the board, a participant may be permitted to transfer funds from an eligible retirement plan into the plan to the extent that the transfers are allowable under applicable federal and state laws.
(Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 7 - STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN › CHAPTER 6 - Contributions › Section 22960.63.

22960.63. (a) Notwithstanding any other provision of law or contract to the contrary, contributions to the plan shall be subject to the applicable limitations imposed by Section 415 of Title 26 of the United States Code, as that section may be amended from time to time and as these limits may be adjusted by the Commissioner of Internal Revenue.
(b) Notwithstanding any other provision of law or contract to the contrary, the amount of compensation that is taken into account in determining the benefits payable under the plan shall not exceed the applicable annual compensation limitations prescribed by Section 401(a)(17) of Title 26 of the United State Code, as that section may be amended from time to time and as that limit may be adjusted by the Commissioner of Internal Revenue.
(Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 7 - STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN › CHAPTER 7 - Participant Accounts › Section 22960.65.

22960.65. (a) Any contributions made by the participant to the plan shall be credited to the participant’s account.
(b) Contributions made by the employer on behalf of the participant shall be credited to the participant’s account.
(Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 7 - STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN › CHAPTER 7 - Participant Accounts › Section 22960.66.

22960.66. In the case of a contribution that is made under a mistake of fact, nothing in this part shall prohibit the return of that contribution within one year after discovery of the mistake.
(Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 7 - STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN › CHAPTER 7 - Participant Accounts › Section 22960.67.

22960.67. The net earnings of the fund shall be allocated to the participant’s account as of each valuation date in the ratio that the participant’s account balance bears to the aggregate of all participants’ account balances.
(Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 7 - STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN › CHAPTER 7 - Participant Accounts › Section 22960.68.

22960.68. The value of each participant’s account shall be determined at least once annually in a manner prescribed by the board.
(Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 7 - STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN › CHAPTER 7 - Participant Accounts › Section 22960.69.

22960.69. A participant shall receive a statement that displays the value, or balance, of the participant’s account and summarizes any credits to the account or other transactions that occurred after the immediately preceding valuation date. The statement of account shall be provided at least once annually to each participant.
(Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 7 - STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN › CHAPTER 8 - Rights to Benefits › Section 22960.70.

22960.70. A participant has a vested right to 100 percent of the value of the participant’s account. The right accrues when the person becomes a participant.
(Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 7 - STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN › CHAPTER 8 - Rights to Benefits › Section 22960.71.

22960.71. The right of a participant to a benefit is not subject to execution or any other process whatsoever, except to the extent permitted by Section 704.110 of the Code of Civil Procedure, and is unassignable except as specifically provided under this part. Notwithstanding any provision of this part to the contrary, contributions, benefits and service credit with respect to qualified military service shall be provided in accordance with Section 414(u) of Title 26 of the United States Code.
(Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 7 - STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN › CHAPTER 9 - Community Property › Section 22960.75.

22960.75. (a) Upon the legal separation or dissolution of marriage of a participant, the court shall include in the judgment or a court order the date on which the parties separated.
(b) If the community property is divided in accordance with subdivision (c) of Section 2610 of the Family Code, the court shall order that the contributions and earnings attributable to periods of service during the marriage be divided into two separate and distinct accounts in the name of the participant and the name of the nonparticipant spouse, respectively. Any contributions or earnings that are not explicitly awarded by the judgment or court order shall be deemed the exclusive property of the participant.
(c) The court shall address the rights of the nonparticipant spouse to the following:
(1) The right to a retirement benefit, and the consequent right to elect an annuity.
(2) The right to lump-sum distribution of the balance of the nonparticipant spouse’s account.
(3) The right to designate a beneficiary to receive a distribution of the balance remaining in the nonparticipant spouse’s account upon the death of the nonparticipant spouse.
(d) In the capacity of nonparticipant spouse, he or she is entitled only to the rights and benefits explicitly established by this chapter. The nonparticipant spouse shall not be entitled to a disability benefit.
(e) Nothing in this chapter shall be construed to authorize any amount to be distributed under the plan at a time or in a form that is not permitted under this part or Title 26 of the United States Code.
(Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 7 - STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN › CHAPTER 9 - Community Property › Section 22960.76.

22960.76. For purposes of this chapter, “nonparticipant spouse” means the spouse or the former spouse of the participant, who as a result of petitioning the court for the division of community property, has been awarded a distinct and separate account. A nonparticipant spouse who is awarded a separate account is not a participant in the plan.
(Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 7 - STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN › CHAPTER 9 - Community Property › Section 22960.77.

22960.77. (a) The nonparticipant spouse shall have the right to a lump-sum distribution of the amounts credited to his or her account.
(b) The nonparticipant spouse shall file an application for the distribution on a form prescribed by the board.
(c) No partial distribution shall be made from the nonparticipant spouse’s account.
(d) The nonparticipant spouse may not cancel the distribution once it has become effective.
(e) The nonparticipant spouse is deemed to have permanently waived all rights to a retirement benefit when the distribution becomes effective.
(Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 7 - STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN › CHAPTER 9 - Community Property › Section 22960.78.

22960.78. (a) A nonparticipant spouse may apply for a retirement benefit, provided the participant or the nonparticipant spouse has attained the normal retirement age. The retirement benefit is a distribution of the balance of the nonparticipant spouse’s account.
(b) Application for a retirement benefit shall be made on an application form prescribed by the board.
(c) The retirement date shall be the date designated in the nonparticipant spouse’s application, or the day following the date of the court order dividing the community property of the participant and nonparticipant spouse, if later.
(Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 7 - STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN › CHAPTER 9 - Community Property › Section 22960.79.

22960.79. A nonparticipant spouse who is entitled to a distribution for retirement that equals or exceeds five thousand dollars ($5,000), may elect to receive the distribution in one of the following forms:
(a) A single lump-sum payment.
(b) Substantially level installment payments for a period of years that extends no longer than the life expectancy of the participant.
(c) A single life annuity.
(Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 7 - STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN › CHAPTER 10 - Beneficiary Designation › Section 22960.80.

22960.80. The participant may designate any person or persons as beneficiaries to receive any amount that may be payable upon the death of the participant pursuant to the provisions of Section 22960.88. The beneficiary or beneficiaries shall be designated on a form prescribed by the board, signed by the participant, and delivered to a plan representative prior to the participant’s death.
(Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 7 - STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN › CHAPTER 10 - Beneficiary Designation › Section 22960.81.

22960.81. Notwithstanding Section 22960.80, the participant’s beneficiary designation shall not be given effect and shall be overridden to the extent that such a designation would impair the rights of any surviving spouse under applicable federal or state law.
(Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 7 - STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN › CHAPTER 10 - Beneficiary Designation › Section 22960.82.

22960.82. Unless otherwise provided in the beneficiary designation form, each designated beneficiary shall be entitled to equal shares of the lump-sum distribution that may be payable from the participant’s account upon the death of the participant.
(Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 7 - STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN › CHAPTER 10 - Beneficiary Designation › Section 22960.83.

22960.83. In the event the participant dies without a valid beneficiary designation on file, or if no designated beneficiary survives the participant, any balance remaining in the participant’s account shall be payable to the participant’s survivors in the following order:
(a) The participant’s spouse.
(b) The participant’s natural or adopted children.
(c) The participant’s parents.
(d) The participant’s brothers and sisters.
(e) The participant’s estate.
(Amended by Stats. 2010, Ch. 639, Sec. 26. (SB 1139) Effective January 1, 2011.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 7 - STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN › CHAPTER 11 - Benefits › Section 22960.85.

22960.85. (a) Upon separation from all service for the employer for any reason other than death, disability, or retirement, a participant is entitled to a lump-sum distribution of the balance of his or her account as of the first valuation date immediately following the date of the application.
(b) Application for a distribution for termination of employment shall be made on an application form prescribed by the board. Any participant who is entitled to a distribution that equals or exceeds five thousand dollars ($5,000), may elect on the application form to receive the distribution in one of the following forms:
(1) A single lump-sum payment.
(2) Substantially level installment payments for a period of years that extends no longer than the life expectancy of the participant.
(c) The employer shall certify on a form prescribed by the board that the participant’s employment has terminated.
(d) No partial distribution shall be made from the participant’s account.
(e) The participant is deemed to have permanently waived all rights to a retirement benefit when the distribution becomes effective.
(Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 7 - STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN › CHAPTER 11 - Benefits › Section 22960.86.

22960.86. (a) Upon separation from all service for the employer, a participant may apply for a retirement benefit, provided the retirement date is no earlier than the date on which the participant attains the normal retirement age. The retirement benefit is a distribution of the balance of the participant’s account as of the first valuation date immediately following the date of the application.
(b) Application for a retirement benefit shall be made on an application form prescribed by the board.
(c) The employer shall certify on a form prescribed by the board that the participant’s employment has terminated.
(Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 7 - STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN › CHAPTER 11 - Benefits › Section 22960.87.

22960.87. (a) A disability benefit shall become payable to a participant only upon the participant’s separation from all service for the employer and upon a determination by the board that the participant has a disability pursuant to Section 21156. The disability benefit is a distribution of the balance of the participant’s account as of the first valuation date immediately following the date of the application.
(b) Application for a disability benefit shall be made on an application form and in the manner prescribed by the board.
(c) The employer shall certify on a form prescribed by the board that the participant’s employment has terminated.
(Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 7 - STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN › CHAPTER 11 - Benefits › Section 22960.88.

22960.88. (a) Upon receipt of proof of a participant’s death, the beneficiary or beneficiaries shall be entitled to a death benefit that is a lump-sum distribution of the balance remaining in the participant’s account.
(1) If the participant died prior to termination of employment or distribution of all of the contributions and earnings credited to the participant’s account, the lump-sum distribution shall be an amount that is equal to the balance remaining in the participant’s account.
(2) If the participant died while receiving a periodic payment, any remaining payments shall be paid to the beneficiary under the same schedule until there is no balance remaining in the participant’s account.
(b) Application for the distribution shall be made on an application form prescribed by the board.
(Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 7 - STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN › CHAPTER 11 - Benefits › Section 22960.89.

22960.89. Any participant who is entitled to a distribution for retirement or disability that equals or exceeds five thousand dollars ($5,000), may elect to receive the distribution in one of the following forms:
(a) A single lump-sum payment.
(b) Substantially level installment payments for a period of years that extends no longer than the life expectancy of the participant.
(c) A single life annuity.
(d) A joint and survivor annuity for the lifetimes of the participant and the participant’s option beneficiary.
(Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 7 - STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN › CHAPTER 11 - Benefits › Section 22960.90.

22960.90. A beneficiary who is the spouse of the participant and who is entitled to a distribution that equals or exceeds five thousand dollars ($5,000), may elect to receive the distribution in one of the following forms:
(a) A single lump-sum payment.
(b) Substantially level installment payments for a period of years that extends no longer than the life expectancy of the beneficiary.
(c) A single life annuity.
(Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 7 - STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN › CHAPTER 11 - Benefits › Section 22960.91.

22960.91. A beneficiary who is not the spouse of the participant, and who is entitled to a distribution that equals or exceeds five thousand dollars ($5,000), may elect to receive the distribution in one of the following forms:
(a) A single lump-sum payment.
(b) Substantially level installment payments for a period not to exceed five years.
(Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 7 - STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN › CHAPTER 11 - Benefits › Section 22960.92.

22960.92. The board may contract with an insurance, annuity, mutual fund, or any other qualified company to provide annuities to participants pursuant to Section 22960.89, to beneficiaries pursuant to Section 22960.90, and to nonparticipant spouses pursuant to Section 22960.79.
(Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 7 - STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN › CHAPTER 12 - Distributions › Section 22960.95.

22960.95. Notwithstanding any other provision of this part, a participant, nonparticipant spouse, or beneficiary shall not be permitted to elect a distribution under this part that does not satisfy the requirements of Section 401(a)(9) of Title 26 of the United States Code, including the incidental death benefit requirements of Section 401(a)(9)G and the regulations thereunder. The required beginning date of distributions that reflect the entire interest of the participant shall be as follows:
(a) In the case of a lump-sum distribution to the participant, the lump-sum payment shall be made not later than April 1 of the calendar year following the later of the calendar year in which the participant attains the age of 72 years or the calendar year in which the participant terminates all employment for the employer.
(b) In the case of a distribution to the participant in the form of installment payments or an annuity, payment shall begin not later than April 1 of the calendar year following the later of the calendar year in which the participant attains the age of 72 years or the calendar year in which the participant terminates all employment subject to coverage by the plan.
(c) In the case of a benefit payable on account of the participant’s death, distributions shall be paid no later than December 31 of the calendar year in which the fifth anniversary of the participant’s date of death occurs unless the beneficiary is the participant’s spouse in which case distributions must commence on or before the later of either:
(1) December 31 of the calendar year immediately following the calendar year in which the participant dies.
(2) December 31 of the calendar year in which the participant would have attained the age of 72 years.
(Amended by Stats. 2020, Ch. 275, Sec. 27. (AB 2101) Effective January 1, 2021.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 7 - STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN › CHAPTER 12 - Distributions › Section 22960.96.

22960.96. (a) Distributions from the plan shall be made as soon as practicable after the first valuation date immediately following the date of the application.
(b) Notwithstanding Chapter 3 (commencing with Section 13100) of Part 1 of Division 8 of the Probate Code or any other law to the contrary, the death benefit payable under the plan may be requested by the beneficiary and paid as soon as practicable following receipt of proof of the participant’s death.
(Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 7 - STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN › CHAPTER 12 - Distributions › Section 22960.97.

22960.97. If a person becomes entitled to a distribution from the plan that constitutes an eligible rollover distribution within the meaning of Section 401(a)(31) of Title 26 of the United States Code, the person may elect under terms and conditions established by the board 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), as specified by that person. Upon the exercise of the election by a person with respect to a distribution or a portion thereof, the distribution by the plan of the amount so designated, once distributable under the terms of the plan, shall be made in the form of a direct rollover to the eligible retirement plan so specified.
(Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 7 - STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN › CHAPTER 12 - Distributions › Section 22960.98.

22960.98. Except as otherwise provided in this part, all distributions shall be made directly from the fund to the participant or beneficiary. To the extent required by federal and state law, income and other taxes shall be withheld from each benefit payment, and the payment shall be reported to the appropriate governmental agency or agencies.
(Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 7 - STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN › CHAPTER 12 - Distributions › Section 22960.99.

22960.99. (a) The plan’s obligations to a participant, beneficiary, or nonparticipant spouse who has applied for a lump-sum benefit cease upon distribution of the lump-sum benefit.
(1) Deposit in the United States mail of a warrant drawn in favor of the participant, beneficiary, or nonparticipant spouse and addressed to the latest address on file for that person constitutes distribution of the benefit.
(2) Deposit in the United States mail of a notice that the requested electronic funds transfer has been made as directed by the participant, beneficiary, or nonparticipant spouse constitutes distribution of the benefit.
(3) If the participant, beneficiary, or nonparticipant spouse has elected on a form prescribed by the board to transfer all or a specific portion of the account that is eligible for a direct trustee-to-trustee transfer under Section 401(a)(31) of Title 26 of the United States Code, deposit in the United States mail of a notice that the requested transfer has been made constitutes distribution of the benefit.
(b) The plan’s obligations to a participant, beneficiary, or nonparticipant spouse who elected to receive a benefit in the form of installment payments or an annuity cease upon distribution of the final payment.
(1) Deposit in the United States mail of a warrant drawn in favor of the participant, beneficiary, or nonparticipant spouse and addressed to the latest address on file for that person constitutes distribution of the benefit.
(2) Deposit in the United States mail of a notice that the requested electronic funds transfer has been made as directed by the participant, beneficiary, or nonparticipant spouse constitutes distribution of the benefit.
(c) Distribution under paragraph (1), (2), or (3) of subdivision (a) or paragraph (1) or (2) of subdivision (b) pursuant to the board’s determination in good faith of the existence, identity, or other facts relating to entitlement of persons constitutes a complete discharge and release of the board, system, and plan from liability for payments.
(d) Distribution under paragraph (4) of subdivision (b) of Section 22960.4 constitutes a complete discharge and release of the board, system, and plan from liability for payments, and the board and system shall not be treated as fiduciaries with respect to a transfer of funds from the plan to the Supplemental Contributions Program in accordance with Section 22970.
(Amended by Stats. 2013, Ch. 755, Sec. 2. (SB 277) Effective January 1, 2014.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 8 - SUPPLEMENTAL CONTRIBUTIONS PROGRAM › CHAPTER 1 - General Provisions › Section 22970.

22970. (a) The Supplemental Contributions Program is hereby established to be a defined contribution plan within the meaning of subsection (i) of Section 414 of Title 26 of the United States Code. This program shall operate in accordance with the plan document adopted by the board.
(b) This part does not establish a new program, but rather recodifies, and further defines the Supplemental Contributions Program as amended by Chapter 576 of the Statutes of 1994, to ensure full compliance with the applicable provisions of Title 26 of the United States Code.
(Amended by Stats. 2007, Ch. 511, Sec. 1. Effective January 1, 2008.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 8 - SUPPLEMENTAL CONTRIBUTIONS PROGRAM › CHAPTER 1 - General Provisions › Section 22970.1.

22970.1. The benefits provided under the Supplemental Contributions Program shall supplement the benefits provided under Part 3 (commencing with Section 20000) and Chapter 3.5 (commencing with Section 9350) of Part 1 of Division 2.
(Added by Stats. 1999, Ch. 307, Sec. 4. Effective January 1, 2000.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 8 - SUPPLEMENTAL CONTRIBUTIONS PROGRAM › CHAPTER 1 - General Provisions › Section 22970.2.

22970.2. The design and administration of the Supplemental Contributions Program shall conform with the applicable provisions of Title 26 of the United States Code and the Revenue and Taxation Code.
(Amended (as added by Stats. 1999, Ch. 307) by Stats. 1999, Ch. 785, Sec. 18. Effective January 1, 2000.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 8 - SUPPLEMENTAL CONTRIBUTIONS PROGRAM › CHAPTER 1 - General Provisions › Section 22970.3.

22970.3. If any provision of this part or application thereof to any person or circumstance is held invalid, that invalidity shall not affect other provisions or applications of this part that can be given effect without the invalid provision or application by a court of competent jurisdiction application, and to this end the provisions of this part are severable.
(Added by Stats. 1999, Ch. 307, Sec. 4. Effective January 1, 2000.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 8 - SUPPLEMENTAL CONTRIBUTIONS PROGRAM › CHAPTER 2 - Definitions › Section 22970.10.

22970.10. “Account” means the account maintained with respect to the participant that reflects the aggregate value of the following amounts credited to the participant:
(a) Employee after-tax contributions to the plan.
(b) Net earnings of the Supplemental Contributions Program allocable to the participant.
(c) Any amount credited to the participant’s account by reason of a transfer or a rollover from another plan or arrangement in accordance with applicable laws.
(Amended by Stats. 2013, Ch. 755, Sec. 4. (SB 277) Effective January 1, 2014.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 8 - SUPPLEMENTAL CONTRIBUTIONS PROGRAM › CHAPTER 2 - Definitions › Section 22970.11.

22970.11. “Beneficiary” means any person or persons designated by the participant pursuant to this part, or otherwise entitled by statute, to receive distributions from the participant’s account upon the death of the participant.
(Added by Stats. 1999, Ch. 307, Sec. 4. Effective January 1, 2000.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 8 - SUPPLEMENTAL CONTRIBUTIONS PROGRAM › CHAPTER 2 - Definitions › Section 22970.12.

22970.12. “Board” means the Board of Administration of the Public Employees’ Retirement System.
(Added by Stats. 1999, Ch. 307, Sec. 4. Effective January 1, 2000.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 8 - SUPPLEMENTAL CONTRIBUTIONS PROGRAM › CHAPTER 2 - Definitions › Section 22970.13.

22970.13. “Compensation” means the total amount paid to an employee for a plan year as required to be reported on the employee’s Internal Revenue Service form W-2 for income tax withholding purposes. This amount shall include employee contributions picked up by the employer under paragraph (2) of subsection (h) of Section 414 of Title 26 of the United States Code; and any amounts deducted by the employer from the participant’s salary, including deductions for tax-deferred retirement plans or insurance programs; deductions for participation in a tax-sheltered annuity within the meaning of Section 403(b) of Title 26 of the United States Code; deductions for participation in an eligible deferred compensation plan within the meaning of Section 457 of Title 26 of the United States Code; and deductions for participation in a plan that meets the requirements of Section l25 or subsection (k) of Section 401 of Title 26 of the United States Code.
(Added by Stats. 1999, Ch. 307, Sec. 4. Effective January 1, 2000.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 8 - SUPPLEMENTAL CONTRIBUTIONS PROGRAM › CHAPTER 2 - Definitions › Section 22970.14.

22970.14. “Disability” means a disability of permanent or extended and uncertain duration, as determined by the board.
(Added by Stats. 1999, Ch. 307, Sec. 4. Effective January 1, 2000.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 8 - SUPPLEMENTAL CONTRIBUTIONS PROGRAM › CHAPTER 2 - Definitions › Section 22970.15.

22970.15. “Early retirement age” means the age at which the participant attains age 50 or qualifies for early retirement under Part 3 (commencing with Section 20000).
(Added by Stats. 1999, Ch. 307, Sec. 4. Effective January 1, 2000.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 8 - SUPPLEMENTAL CONTRIBUTIONS PROGRAM › CHAPTER 2 - Definitions › Section 22970.16.

22970.16. (a) “Eligible employee” means:
(1) A person employed by the state, the university, a school employer, or a contracting agency who is a member of the system as defined pursuant to the provisions of Chapter 4 (commencing with Section 20370) of Part 3.
(2) A legislator, as defined pursuant to Section 9351.3, who is a member of the Legislators’ Retirement System.
(3) A judge, as defined in Sections 75002 and 75502, who is a member of the Judges’ Retirement System or the Judges’ Retirement System II.
(4) A person employed by an employer who contracts with the board for the Supplemental Contributions Program.
(b) The board shall determine when the members of the system who are employed by a school employer or a contracting agency shall become eligible employees.
(Amended by Stats. 2007, Ch. 511, Sec. 3. Effective January 1, 2008.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 8 - SUPPLEMENTAL CONTRIBUTIONS PROGRAM › CHAPTER 2 - Definitions › Section 22970.17.

22970.17. “Employee contribution” means the amount contributed by the participating employee to his or her account in the plan.
(Added by Stats. 1999, Ch. 307, Sec. 4. Effective January 1, 2000.)