reglab/statecodes huggingface dataset:
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 2 - Board of Administration of Public Employees' Retirement System › Subchapter 1 - Employees' Retirement System Regulations › Article 4 - Contracts › Section 565.1 - Submission of Payroll and Contribution Information

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The employer shall submit payroll and
					 contribution information using the CalPERS reporting system or in a manner as
					 otherwise prescribed by the Board.
(b) Payroll and contribution information for
					 each pay period shall be submitted on or before 30 calendar days following the
					 last day of the pay period to which it refers.
(c) CalPERS shall notify the employer of
					 payroll and contribution information reporting errors. The employer shall
					 correct such errors within 60 calendar days of the date of the notice from
					 CalPERS.
1. New
						section filed 4-30-76; designated effective 7-1-76 (Register 76, No.
						18).
2. Amendment of section heading, section and NOTE filed
						4-30-2012; operative 5-30-2012 (Register 2012, No.
						18).
Note: Authority cited: Sections
						  20120-
						  20124,
						  Government Code. Reference: Sections
						  20532,
						  20572 and
						  20615,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 2 - Board of Administration of Public Employees' Retirement System › Subchapter 1 - Employees' Retirement System Regulations › Article 4 - Contracts › Section 565.2 - Interest on Lnsufficient Contributions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If within a fiscal year an employer fails
					 to pay at least 90% of the member and employer contributions due within the
					 prescribed time set forth in Section
					 565, CalPERS may bill the employer
					 for the total amount then due. If an employer fails to pay the billed amount
					 within 30 calendar days of the bill, interest shall be charged upon the amount
					 due from the original due date until received by CalPERS.
(b) If an employer fails to pay at least 99%
					 of the member and employer contributions due at fiscal year end, CalPERS shall
					 bill the employer for the total amount then due. If an employer fails to pay
					 the billed amount within 30 calendar days of the date of the bill, interest
					 shall be charged upon the amount due from the original due date until received
					 by CalPERS.
(c) Interest shall be
					 charged as set forth in Government Code section
					 20537.
1. New
						section filed 4-30-76; designated effective 7-1-76 (Register 76, No.
						18).
2. Amendment filed 8-7-86; effective thirtieth day thereafter
						(Register 86, No. 32).
3. Amendment of section heading, section and
						NOTE filed 4-30-2012; operative 5-30-2012 (Register 2012, No.
						18).
Note: Authority cited: Sections
						  20120-
						  20124,
						  Government Code. Reference: Sections
						  20532,
						  20537,
						  20572 and
						  20615,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 2 - Board of Administration of Public Employees' Retirement System › Subchapter 1 - Employees' Retirement System Regulations › Article 4 - Contracts › Section 565.3 - Cost Assessment for Incomplete or Erroneous Payroll and Contribution Information

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 If an employer fails to file complete or correct payroll and contribution
					 information as required by these regulations within the time period set forth,
					 an assessment to recover the cost of follow-up and special accounting of
					 $200.00 for each report may be made. The assessment shall be made monthly until
					 the posted payroll and contribution information is complete and
					 correct.
(b) If, in the opinion of
					 the Executive Officer, such assessment is insufficient to meet the added costs
					 because of special circumstances, he or she shall estimate such costs and make
					 an appropriate supplemental assessment.
1. New
						section filed 4-30-76; designated effective 7-1-76 (Register 76, No.
						18).
2. Amendment filed 8-7-86; effective thirtieth day thereafter
						(Register 86, No. 32).
3. Amendment of section heading, section and
						NOTE filed 4-30-2012; operative 5-30-2012 (Register 2012, No.
						18).
Note: Authority cited: Sections
						  20120-
						  20124,
						  Government Code. Reference: Sections
						  20532,
						  20536,
						  20572 and
						  20615,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 2 - Board of Administration of Public Employees' Retirement System › Subchapter 1 - Employees' Retirement System Regulations › Article 4 - Contracts › Section 565.4 - Time Extension

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 A reasonable extension of time for filing payroll reports and payment of
					 contributions may be granted by the Executive Officer, or the alternates whom
					 he may designate, whenever in his judgment good cause exists.
(b) This extension, at the discretion of the
					 Executive Officer or his designated alternate, may be granted for one specific
					 report or blanket authority over a specific time span.
(c) Requests for time extensions must be
					 received in the Sacramento office of the System not later than 10 days prior to
					 the due date of the reports and contributions for which the extension is being
					 requested.
(d) Waiver of
					 Assessments. The Executive Officer, or his designated alternate, is empowered
					 to waive assessments of interest or penalties if in his judgment reports of
					 member and employer contributions and payment of such contributions become
					 delinquent as a result of conditions beyond control of the employer.
(e) Audit Discrepancies. Contributions
					 determined to be payable as a result of audits performed by the System are not
					 subject to this Article.
1. New
						section filed 4-30-76; designated effective 7-1-76 (Register 76, No.
						18).
2. Change without regulatory effect amending NOTE filed
						9-22-2011 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2011, No. 38).
Note: Authority cited: Sections
						  20120-
						  20124,
						  Government Code. Reference: Sections
						  20532,
						  20536,
						  20537,
						  20572 and
						  20615,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 2 - Board of Administration of Public Employees' Retirement System › Subchapter 1 - Employees' Retirement System Regulations › Article 4 - Contracts › Section 565.5 - Method for Collecting Administrative Costs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Notice of the amount of any fee for
					 service (including fee for preparation of an actuarial valuation), or cost
					 assessment for incomplete or erroneous payroll and contribution reporting
					 (including late enrollment) shall be provided to the employer through the
					 employer's preferred communication method or, if no preference has been
					 selected, by mail.
(b) An employer
					 shall promptly pay the amount due, or shall notify the board if the employer
					 disputes the amount due.
(c)
					 Failure of an employer to pay or dispute the amount due within 30 days of the
					 date of the notice shall be deemed to be agreement as to the amount due and
					 consent for the Board to deduct the amount shown in the notice from the
					 employer's reserve account, or to demand payment from the employer.
(d) If an employer notifies the Board of a
					 dispute for the amount within 30 days of the date of the notice, the Board will
					 not deduct the amount from the employer's account until the dispute is resolved
					 and further notice is given.
1. New
						section filed 4-30-2012; operative 5-30-2012 (Register 2012, No.
						18).
Note: Authority cited: Section
						  20121,
						  Government Code. Reference: Sections
						  20283,
						  20535,
						  20536,
						  20572 and
						  20615,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 2 - Board of Administration of Public Employees' Retirement System › Subchapter 1 - Employees' Retirement System Regulations › Article 4 - Contracts › Section 566 - Contract Amendments

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A contract amendment, or that portion thereof which
						requires an adjustment in the amount of monthly benefit payments which were
						paid or payable prior to such contract amendment, shall become operative on the
						first day of the month next following a period of 30 days after receipt of
						final documentation of the adoption of such amendment by the Board, in its
						Sacramento office.
1. New
						section filed 5-8-79; effective thirtieth day thereafter (Register 79, No.
						19).
2. Change without regulatory effect amending NOTE filed
						9-22-2011 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2011, No. 38).
Note: Authority cited: Section
						  20121,
						  Government Code. Reference: Sections
						  20460,
						  20460.1,
						  20474 and
						  20475,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 2 - Board of Administration of Public Employees' Retirement System › Subchapter 1 - Employees' Retirement System Regulations › Article 4 - Contracts › Section 566.1 - Employer-Paid Member Contributions (EPMC) Conversions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Merit issue complaints are complaints
					 that the State Civil Service Act or Board regulation or policy has been
					 violated by a state agency. These complaints include but are not limited to,
					 interference with promotional opportunities, interference with a person's
					 access to any SPB appeals process, and the designation of managerial positions
					 pursuant to Government Code section
					 3513.
					 Merit issue complaints do not include appeals of actions that are specifically
					 provided for elsewhere in law or in Board regulations.
(b) Each state agency shall establish and
					 publicize to its employees the process for addressing merit issue complaints.
					 That process shall include provisions for informing employees in writing of the
					 state agency's decision and of the employee's right to appeal the state
					 agency's decision on the merit issue complaint to the Appeals
					 Division.
(c)
(1) Prior to filing with the Appeals
					 Division, merit issue complaints shall first be filed with the state agency's
					 human resources office, personnel officer or any unit/person designated to
					 address merit issue complaints within three years of the alleged violation of
					 Board regulation or policy.
(2)
					 Persons may file a merit issue complaint themselves or designate an attorney or
					 other authorized representative to represent them. No person(s) may file a
					 merit issue complaint on behalf of another person(s) without their
					 authorization.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 2 - Board of Administration of Public Employees' Retirement System › Subchapter 1 - Employees' Retirement System Regulations › Article 4 - Contracts › Section 569 - Employer Paid Member Contributions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A contracting agency or school employer that pays all or
						a portion of normal member contributions based on compensation earnable, as
						Employer Paid Member Contributions (EPMC), must conform to the "group or class"
						requirements in Section
						20691 of
						the Government Code and these regulations.
(a) Specifically, the payment of EPMC must
					 be:
(1) Authorized in a written labor
					 agreement;
(2) Based on earnings
					 for normally-required duties;
(3)
					 Based on earnings for normal hours of employment;
(4) Paid periodically, along with the
					 earnings on which it is based;
(5)
					 Based on earnings that are historically consistent; and
(6) Not final settlement pay.
However, the employer may qualify its payment of EPMC, by
						electing a cumulative "time-in-grade exception" which shall only apply to
						persons newly-hired into the pertinent group or class of
						employment.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 2 - Board of Administration of Public Employees' Retirement System › Subchapter 1 - Employees' Retirement System Regulations › Article 4 - Contracts › Section 570 - Final Settlement Pay

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Final settlement pay" means any pay or cash conversions
						of employee benefits in excess of compensation earnable, that are granted or
						awarded to a member in connection with or in anticipation of a separation from
						employment. Final settlement pay is excluded from payroll reporting to PERS, in
						either payrate or compensation earnable.
For example, final settlement pay may consist of
						severance pay or so-called "golden parachutes". It may be based on accruals
						over a period of prior service. It is generally, but not always, paid during
						the period of final compensation. It may be paid in either lump-sum, or
						periodic payments.
Final settlement pay may take the form of any item of
						special compensation not listed in Section
						571. It may also take the form of a
						bonus, retroactive adjustment to payrate, conversion of special compensation to
						payrate, or any other method of payroll reported to PERS.
1. New
						section filed 7-5-94 as an emergency; operative 7-5-94 (Register 94, No. 27). A
						Certificate of Compliance must be transmitted to OAL by 11-2-94 or emergency
						language will be repealed by operation of law on the following
						day.
2. Certificate of Compliance, including amendment of section,
						as to 7-5-94 order transmitted to OAL 10-28-94 and filed 12-14-94 (Register 94,
						No. 50).
3. Change without regulatory effect amending NOTE filed
						9-22-2011 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2011, No. 38).
Note: Authority cited: Sections
						  20120-
						  20124,
						  Government Code; Calif. Const. Art. XVI, Section
						  17. Reference: Sections
						  20636 and
						  20636.1,
						  Government Code.
Research Note: Oden v. Public Employees' Retirement
						  System (1994) 23 Cal.App.4th 194 [28 Cal.Rptr.2d 388]; City of Sacramento v.
						  Public Employees' Retirement System (1991) 229 Cal.App.3d 1470 [280 Cal.Rptr.
						  847]; Santa Monica P.O.A. v. Bd of Admin. Public Employees' Retirement System
						  (1978) 69 Cal.App.3d 96 [137 Cal.Rptr.
						  771].
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 2 - Board of Administration of Public Employees' Retirement System › Subchapter 1 - Employees' Retirement System Regulations › Article 4 - Contracts › Section 570.5 - Requirement for a Publicly Available Pay Schedule

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For purposes of determining the amount of
					 "compensation earnable" pursuant to Government Code Sections
					 20630,
					 20636, and
					 20636.1,
					 payrate shall be limited to the amount listed on a pay schedule that meets all
					 of the following requirements:
(1) Has been
					 duly approved and adopted by the employer's governing body in accordance with
					 requirements of applicable public meetings laws;
(2) Identifies the position title for every
					 employee position;
(3) Shows the
					 payrate for each identified position, which may be stated as a single amount or
					 as multiple amounts within a range;
(4) Indicates the time base, including, but
					 not limited to, whether the time base is hourly, daily, bi-weekly, monthly,
					 bi-monthly, or annually;
(5) Is
					 posted at the office of the employer or immediately accessible and available
					 for public review from the employer during normal business hours or posted on
					 the employer's internet website;
(6) Indicates an effective date and date of
					 any revisions;
(7) Is retained by
					 the employer and available for public inspection for not less than five years;
					 and
(8) Does not reference another
					 document in lieu of disclosing the payrate.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 2 - Board of Administration of Public Employees' Retirement System › Subchapter 1 - Employees' Retirement System Regulations › Article 4 - Contracts › Section 571.1

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For purposes of
					 determining "pensionable compensation" pursuant to Government Code section
					 7522.34
					 for new members under 7522.04(f), it must meet all the following four criteria:
(1) "Pensionable compensation" means the
					 normal monthly rate of pay or base pay and;
(A) Must be for normally required
					 duties.
(B) Must be historically
					 consistent with prior payments for the job classification.
(C) Must be reported periodically as
					 earned.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 2 - Board of Administration of Public Employees' Retirement System › Subchapter 1 - Employees' Retirement System Regulations › Article 4 - Contracts › Section 572 - Employees Not in a Group or Class of Employment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An employee who is not in a "group or class of
						employment" within the meaning of the Public Employees' Retirement Law, may
						request an exception from the "average increase" procedure set forth in
						Sections
						20636 and
						20636.1.
						The local employer may request this exception on the employees behalf.
The request must be submitted in writing, no later than
						30 days after the employee first received PERS' estimate of benefits payable.
						If the estimate is mailed, the 30-day deadline is thirty-five calendar days
						after the postmark date. The request must be submitted to the:
CUSTOMER ACCOUNT SERVICES DIVISION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
P.O. BOX 942704
SACRAMENTO, CA 94229-2704
PERS will acknowledge the request in writing, within 15
						calendar days of its receipt. PERS will grant or deny the request, and specify
						its reasons in writing, within 45 days from the date of acknowledgement. PERS'
						decision to grant or deny the request will be based on a comparison between
						increased compensation earnable, as reported for the employee during his or her
						period of final compensation and compensation earnable reported for the group
						or class of employees in his or her same membership classification.
PERS will review the full history of payroll reporting
						for the employee, and all relevant payroll reporting for the membership
						classification, as to both payrate and special compensation. In no case will an
						exception be granted if PERS determines that the comparative increase in
						compensation earnable by the employee fails to conform with the following
						standards set forth in subsections (a) and (b) below as well as other
						applicable provisions of the law.
(a)
					 If reported in payrate, the increased compensation must be:
(1) Contained in a written labor
					 agreement;
(2) Part of
					 normally-required duties;
(3)
					 Performed during normal hours of employment;
(4) Paid periodically as earned;
(5) Historically consistent with prior
					 payments for the membership classification; and
(6) Not final settlement
					 pay.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 2 - Board of Administration of Public Employees' Retirement System › Subchapter 1 - Employees' Retirement System Regulations › Article 4 - Contracts › Section 573 - Optional Membership

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Compensation and compensation earnable for members in the
						optional categories authorized in Section
						20322 (referred to hereafter in
						this regulation as "optional members"), must be reported by contracting agency
						and school employers pursuant to the same statutory and regulatory requirements
						that apply to all other members.
(a)
					 Specifically, said compensation shall conform to the "group or class"
					 requirements that apply to payrate and items of special compensation, as shown
					 below:
(1) Contained in a written labor
					 agreement;
(2) Part of
					 normally-required duties;
(3)
					 Performed during normal hours of employment;
(4) Paid periodically as earned;
(5) Historically consistent with prior
					 payments for the membership classifications; and
(6) Not final settlement
					 pay.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 2 - Board of Administration of Public Employees' Retirement System › Subchapter 1 - Employees' Retirement System Regulations › Article 4 - Contracts › Section 574 - Definition of Full-Time Employment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each employer may determine the number of
					 hours that constitute the normal work period or periods for full-time
					 employment for its employees, provided that such periods must satisfy the
					 applicable requirements of subsection (b) or subsection (c) in order to be
					 considered full-time for the purposes of this section. Each employer shall
					 notify CalPERS of the normal work period or periods which the employer
					 considers to be full-time, and such periods are to be established for all
					 employees in the same "group or class of employment" within the meaning of the
					 Public Employees' Retirement Law and the regulations thereunder.
(b) Except as set forth in subsection (c),
					 for purposes of determining CalPERS membership eligibility, reporting overtime
					 positions, and determining compensation earnable and pensionable compensation,
					 "full-time" employment means a minimum of 34 hours per calendar week, or a
					 minimum of 67 hours bi-weekly, 72 hours semi-monthly, 133 hours quadri-weekly,
					 or 144 hours monthly.
(c) For
					 purposes of determining CalPERS membership eligibility, reporting overtime
					 positions, and determining compensation earnable and pensionable compensation
					 for classified members, "full-time" employment means 40 hours per week;
					 payments for services rendered, not to exceed 40 hours per week, shall be
					 reported as compensation earnable or pensionable compensation for all months of
					 the year in which work is performed. "Classified members" means members who
					 retain membership under this system while employed with a school employer in
					 positions not subject to coverage under the Defined Benefit Program under the
					 State Teachers' Retirement System.
1. New
						section filed 2-21-2019; operative 4-1-2019 (Register 2019, No.
						8).
Note: Authority cited: Sections
						  7522.02,
						  20120,
						  20121,
						  20122,
						  20123 and
						  20124,
						  Government Code. Reference: Sections
						  7522.34,
						  20305,
						  20635,
						  20635.1,
						  20636,
						  20636.1
						  and
						  20967,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 2 - Board of Administration of Public Employees' Retirement System › Subchapter 1 - Employees' Retirement System Regulations › Article 5 - Member Contributions › Section 575 - Refund of Additional Contributions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Contributions made by a member pursuant to Section
						20630,
						Government Code, in excess of normal contributions, shall be refunded on
						written application filed in the office of the board at any time; provided,
						however, that such refund may not be made within one year following the date of
						any previous refund of additional contributions, and provided further that a
						partial refund shall not be made. Such refund may be authorized by the board
						notwithstanding the limitations herein with respect to the date of previous
						refund upon a showing of good cause therefor.
1.
						Amendment filed 1-30-80; effective thirtieth day thereafter (Register 80, No.
						5).
Note: Authority cited: Section
						  20120,
						  Government Code. Reference: Section
						  20630,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 2 - Board of Administration of Public Employees' Retirement System › Subchapter 1 - Employees' Retirement System Regulations › Article 5 - Member Contributions › Section 575.1 - Deposit of Contributions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any deposit of contributions for, but not limited to,
						service credit elections, except those made pursuant to Government Code section
						21073.1,
						to be made in installments, must be made by payroll deduction upon such
						installment plan as may be elected, subject to the following conditions:
(a) Installments must be uniform for each
					 payroll period;
(b) The
					 installments may not be less than $15.00 per month (or the semi-monthly,
					 bi-weekly or quadri-weekly equivalent); and
(c) The number of installments may not exceed
					 180 monthly (or the semi-monthly, bi-weekly or quadri-weekly equivalent)
					 payroll periods.
(d) Interest on
					 the unpaid balance of the amount payable to the Public Employees' Retirement
					 Fund, except as provided in subsections (e) and (f), shall accrue at the member
					 interest crediting rate provided in section
					 20178 on the effective date of the
					 member's election or contribution adjustment.
(e) Interest on the unpaid balance of the
					 amount payable to the Public Employees' Retirement Fund for a member's election
					 to receive service credit subject to section
					 21052 shall accrue at the actuarial
					 interest rate used in the calculation of the benefit liability.
(f) Interest on the unpaid balance of the
					 amount payable to the Judges' Retirement Fund or the Judges' Retirement Fund II
					 for a judge's election to receive service credit, pursuant to section
					 75030.8 or
					 75506.5, shall accrue at the
					 actuarial interest rate used in the calculation of the benefit liability.
For purposes of this section, the applicable interest
						rate provided in subsections (d), (e), and (f) shall be applied from the
						effective date of the service credit election or contribution adjustment
						through the completion of payments.
An installment plan elected by a member or judge may be
						modified to extend the period of payment upon the Board's finding that the
						existing plan is effecting a hardship for the member or judge provided,
						however, that the plan as extended does not result in a total number of
						deductions, including the number already paid, exceeding the maximum permitted
						under this section and otherwise complies with this section.
1. New
						section filed 2-16-72; designated effective 4-1-72 (Register 72, No.
						8).
2. Amendment of section and NOTE filed 5-8-2000; operative
						6-7-2000 (Register 2000, No. 19).
3. Amendment of section and NOTE
						filed 7-6-2006; operative 8-5-2006 (Register 2006, No.
						27).
Note: Authority cited: Sections
						  20120 and
						  20121,
						  Government Code. Reference: Sections
						  20750 and
						  21050,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 2 - Board of Administration of Public Employees' Retirement System › Subchapter 1 - Employees' Retirement System Regulations › Article 5 - Member Contributions › Section 575.2 - Deposit of Contributions Pursuant to Government Code Section 21073.1

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any deposit of contributions for a member service credit
						election pursuant to Government Code section
						21073.1,
						to be made in installments, must be made by payroll deduction upon such
						installment plan as may be elected by the member, subject to the following
						conditions:
(a) Installments must be
					 uniform for each payroll period;
(b) The installments may not be less than
					 $15.00 per month (or the semi-monthly, bi-weekly or quadri-weekly equivalent);
					 and
(c) The number of installments
					 may not exceed 180 monthly (or the semi-monthly, bi-weekly or quadri-weekly
					 equivalent) payroll periods.
(d)
					 Interest on the unpaid balance of the amount payable to the Public Employees'
					 Retirement Fund shall accrue at the member interest crediting rate provided in
					 section 20178 on the effective date of the
					 member's election.
For purposes of this section, the interest rate provided
						in subsection (d) shall be applied from the effective date of the member's
						election through the completion of payments.
An installment plan adopted by a member may be modified
						to extend the period of payment upon the Board's finding that the existing plan
						is effecting a hardship for the member provided, however, that the plan as
						extended does not result in a total number of deductions, including the number
						already paid, exceeding the maximum permitted under this section and otherwise
						complies with this section.
1. New
						section filed 5-4-2000; operative 5-4-2000 pursuant to Government Code section
						11343.4(d).
						Exempt from OAL review pursuant to Government Code section
						21073.1
						(Register 2000, No. 18).
2. Amendment of introductory paragraph, new
						subsection (d) and new penultimate paragraph filed 7-6-2006; operative 8-5-2006
						(Register 2006, No. 27).
Note: Authority cited: Sections
						  20120,
						  20121 and
						  21073.1,
						  Government Code. Reference: Section
						  21073.1,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 2 - Board of Administration of Public Employees' Retirement System › Subchapter 1 - Employees' Retirement System Regulations › Article 5 - Member Contributions › Section 576 - Additional Contributions by Employer

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An employer's election, pursuant to
					 Section
					 20710,
					 Government Code, to make additional contributions, shall be made by filing with
					 the Board a copy of formal action taken by the employer's governing body. Such
					 election shall be effective with respect to payroll periods beginning on and
					 after the date specified by the governing body but no earlier than the 30th day
					 following filing in the office of the Board.
(b) An employer's election to make such
					 additional contributions is subject to the following conditions:
(1) Such additional contributions must be
					 separately identified and reported to the Board on the regular payroll reports
					 of the employer each time a payment is made.
(2) The employer shall provide each affected
					 employee with an annual and accumulative statement of the specific amounts
					 contributed by the employer to that employee's additional contribution
					 account.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 2 - Board of Administration of Public Employees' Retirement System › Subchapter 1 - Employees' Retirement System Regulations › Article 5.5 - State Contribution Payment Schedules › Section 577 - Transfer of State Employee Contributions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The member portion of retirement contributions for State
						of California employees shall be paid to the California Public Employees
						Retirement System on or before the first business day after the last day of the
						pay period to which they refer.
1. New
						article 5.5 (sections
						577-578) and section filed
						10-18-2012; operative 11-19-2012 (Register 2012, No.
						42).
Note: Authority cited: Sections
						  20120 and
						  20121,
						  Government Code. Reference: Section
						  20771,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 2 - Board of Administration of Public Employees' Retirement System › Subchapter 1 - Employees' Retirement System Regulations › Article 5.5 - State Contribution Payment Schedules › Section 578 - Transfer of State Employer Contributions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The State of California employer portion of retirement
						contributions due to the California Public Employees Retirement System (System)
						shall be paid to the System on the dates specified:
(a) For payroll periods ending in the months
					 of July, August and September payment of contributions due shall be made to the
					 System no later than the first business day in October.
(b) For payroll periods ending in the months
					 of October and November payment of contributions due shall be made to the
					 System no later than December 17 or the prior business day if December 17 is a
					 weekend or state holiday.
(c) For
					 the payroll period ending in the month of December payment of contributions due
					 shall be made to the System no later than the first business day in
					 January.
(d) For payroll periods
					 ending in the months of January and February payment of contributions due shall
					 be made to the System no later than April 16 or the next business day if April
					 16 is a weekend or state holiday.
(e) For the payroll period ending in the
					 month of March payment of contributions due shall be made to the System no
					 later than the first business day in April.
(f) For payroll periods ending in the months
					 of April, May and June payment of contributions due shall be made to the System
					 no later than the first business day in July.
1. New
						section filed 10-18-2012; operative 11-19-2012 (Register 2012, No.
						42).
Note: Authority cited: Sections
						  20120 and
						  20121,
						  Government Code. Reference: Sections
						  20826 and
						  20831,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 2 - Board of Administration of Public Employees' Retirement System › Subchapter 1 - Employees' Retirement System Regulations › Article 6 - 2013 Public Employees' Pension Reform Implementation › Section 579 - Scope and Authority

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
These regulations interpret and implement the pension
						reform provisions authorized by the California Public Employees' Pension Reform
						Act of 2013 (PEPRA) (Government Code sections
						7522
						through
						7522.74),
						related Public Employees' Retirement Law (PERL) changes to Government Code
						sections
						20281.5,
						20516,
						20516.5,
						20677.96,
						20683.2,
						20791,
						21076,
						21076.5,
						and
						21400
						(PERL provisions), and related changes to Government Code sections
						9355.4
						through
						9355.45
						(Legislators' Retirement System provisions).
1.
						Amendment of article heading and new article 6 (sections
						579-579.24) and section filed
						8-12-2013; operative 8-12-2013 pursuant to Government Code section
						11343.4(b)(3)
						(Register 2013, No. 33).
Note: Authority cited: Section
						  20121,
						  Government Code. Reference: Sections
						  7522,
						  7522.02,
						  7522.04,
						  7522.10,
						  7522.15,
						  7522.18,
						  7522.20,
						  7522.25,
						  7522.30,
						  7522.32,
						  7522.34,
						  7522.40,
						  7522.42,
						  7522.43,
						  7522.44,
						  7522.46,
						  7522.48,
						  7522.52,
						  7522.56,
						  7522.57,
						  7522.66,
						  7522.70,
						  7522.72,
						  7522.74,
						  9355.4,
						  9355.41,
						  9355.45,
						  20281.5,
						  20516,
						  20516.5,
						  20677.96,
						  20683.2,
						  20791,
						  20176,
						  21076.5
						  and
						  21400,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 2 - Board of Administration of Public Employees' Retirement System › Subchapter 1 - Employees' Retirement System Regulations › Article 6 - 2013 Public Employees' Pension Reform Implementation › Section 579.1 - New Members and Classic Members Defined

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For purposes of this article, "new
					 members" are those individuals defined in Government Code section
					 7522.04(f).
					 All sections in this article apply exclusively to new members, unless expressly
					 stated otherwise.
(b) For purposes
					 of this article, "classic members" are members who do not meet the definition
					 of new members as provided by Government Code section
					 7522.04(f).
1. New
						section filed 8-12-2013; operative 8-12-2013 pursuant to Government Code
						section
						11343.4(b)(3)
						(Register 2013, No. 33).
Note: Authority cited: Section
						  20121,
						  Government Code. Reference: Section
						  7522.04,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 2 - Board of Administration of Public Employees' Retirement System › Subchapter 1 - Employees' Retirement System Regulations › Article 6 - 2013 Public Employees' Pension Reform Implementation › Section 579.2 - Additional Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 For purposes of determining whether an individual is an "active member"
					 pursuant to Government Code section
					 7522.04(f)(3),
					 the phrase shall mean an individual who meets the definition of a "member"
					 under Government Code section
					 20370(a)
					 and who is employed by a CalPERS-covered employer.
(b) The term "Retirement Plan" as used in
					 Government Code section
					 7522.02(c)
					 shall mean those benefits (as that term is defined in Government Code section
					 20020) and
					 optional benefits established by the PERL that would otherwise be available to
					 the member had he or she been an employee of the subsequent employer (as that
					 term is used in section
					 7522.02(c)). This
					 subdivision (b) shall apply to classic members.
1. New
						section filed 8-12-2013; operative 8-12-2013 pursuant to Government Code
						section
						11343.4(b)(3)
						(Register 2013, No. 33).
2. New subsection (b) and amendment of NOTE
						filed 10-25-2013; operative 10-25-2013 pursuant to Government Code section
						11343.4(b)(3)
						(Register 2013, No. 43).
Note: Authority cited: Section
						  20121,
						  Government Code. Reference: Sections
						  7522.02,
						  7522.04,
						  7522.10,
						  7522.32,
						  7522.34,
						  20020 and
						  20370,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 2 - Board of Administration of Public Employees' Retirement System › Subchapter 1 - Employees' Retirement System Regulations › Article 6 - 2013 Public Employees' Pension Reform Implementation › Section 579.3 - Subject to Reciprocity Defined

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For purposes of this article,
					 "reciprocity" means the recognition by CalPERS of certain reciprocal benefit
					 rights available to members who move from one public retirement system to
					 another public retirement system. At a minimum, reciprocity means recognition
					 by CalPERS of a member's payrate during a period of service as a member of the
					 other public retirement system for purposes of computing final compensation
					 upon retirement. Reciprocity is established by statute or by an agreement
					 between CalPERS and the other public retirement system, and includes, among
					 others, those agreements between CalPERS and the California State Teachers'
					 Retirement System, the Legislators' Retirement System, the Judges' Retirement
					 System I and the Judges' Retirement System II.
(b)
(1) For
					 purposes of this subdivision (b), "Applicable Date" shall mean the individual's
					 appointment date for the most recent employment resulting in active membership
					 in CalPERS. The "Applicable Date" may be a date that is later than the
					 individual's original CalPERS membership date, such as when an individual was
					 employed by a CalPERS-covered employer prior to being a member of the
					 reciprocal retirement system.
(2)
					 As used in Government Code sections
					 7522.02(c)
					 and
					 7522.04,
					 "subject to reciprocity" means that, on the Applicable Date, an individual is
					 eligible for reciprocity pursuant to the terms of a statute or reciprocity
					 agreement to which CalPERS is a party, provided he or she did not have a break
					 in service of more than six (6) months immediately preceding the Applicable
					 Date.
(3) To be "subject to
					 reciprocity," an individual need not have made an affirmative election to
					 invoke reciprocity rights on the Applicable Date, nor must the individual
					 actually exercise the reciprocity rights when he or she retires, provided he or
					 she is eligible for such reciprocity on the Applicable
					 Date.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 2 - Board of Administration of Public Employees' Retirement System › Subchapter 1 - Employees' Retirement System Regulations › Article 6 - 2013 Public Employees' Pension Reform Implementation › Section 579.4 - Break in Service Defined

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For the purposes of determining whether an individual is
						a new member pursuant to Government Code section
						7522.04(f),
						a "break in service" shall mean a permanent separation from employment, and
						shall not include leaves of absence or other temporary
						leaves.
1. New
						section filed 8-12-2013; operative 8-12-2013 pursuant to Government Code
						section
						11343.4(b)(3)
						(Register 2013, No. 33).
Note: Authority cited: Section
						  20121,
						  Government Code. Reference: Section
						  7522.04,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 2 - Board of Administration of Public Employees' Retirement System › Subchapter 1 - Employees' Retirement System Regulations › Article 6 - 2013 Public Employees' Pension Reform Implementation › Section 579.21 - Determination of Final Compensation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For purposes of implementing Government Code section
						7522.32
						and determining the final compensation amount for New Members, CalPERS will
						apply a cap to all pensionable compensation used in the calculation of final
						compensation in accordance with Government Code section
						7522.10
						and Regulation section
						579.22. The final compensation
						period used to calculate the defined benefit will be the applicable measurement
						period set forth in Government Code section
						7522.32(a).
						Final compensation will be the annual average of the total final compensation
						for the applicable measurement period calculated in accordance with Regulation
						section 579.22, which amount shall be
						determined by dividing such total final compensation for each full calendar
						year and portion of a calendar year calculated under Regulation section
						579.22, subdivisions (a)(1) and
						(2), by the number of years in such applicable measurement period. For example,
						if the applicable measurement period is 36 months (
i.e.
, three
						years), final compensation taken into account in calculating a member's defined
						benefit will be equal to the total sum of the final compensation for the
						applicable measurement period calculated for each full calendar year and
						portion of a calendar year under Regulation section
						579.22, subdivisions (a)(1) and
						(2), divided by three years.
1. New
						section filed 10-25-2013; operative 10-25-2013 pursuant to Government Code
						section
						11343.4(b)(3)
						(Register 2013, No. 43).
Note: Authority cited: Sections
						  7522.02,
						  20120,
						  20121,
						  20122,
						  20123 and
						  20124,
						  Government Code. Reference: Sections
						  7522.04,
						  7522.10
						  and
						  7522.32,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 2 - Board of Administration of Public Employees' Retirement System › Subchapter 1 - Employees' Retirement System Regulations › Article 6 - 2013 Public Employees' Pension Reform Implementation › Section 579.22 - Application of Pensionable Compensation Cap

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For the purposes of administering
					 Government Code section
					 7522.10,
					 CalPERS will cap the pensionable compensation used to determine final
					 compensation as specified in Government Code section
					 7522.32 in
					 the following manner:
(1) For each portion of
					 the final compensation period that is comprised of a full calendar year from
					 January 1 to December 31, the maximum pensionable compensation that may be
					 taken into account for such calendar year will be equal to 100 percent of the
					 applicable pensionable compensation cap for that calendar year. A member's
					 final compensation for such calendar year will be equal to the lesser of the
					 actual pensionable compensation earned by the member during such calendar year
					 or the maximum pensionable compensation for such year.
(2) For each portion of the final
					 compensation period that is comprised of less than a full calendar year, the
					 maximum pensionable compensation that may be taken into account for the
					 calendar year in which such final compensation is earned will be equal to the
					 applicable pensionable compensation cap for such calendar year, multiplied by a
					 fraction which is equal to the number of days of the final compensation period
					 falling within that calendar year, divided by the total number of days falling
					 within that calendar year. A member's final compensation for such portion of a
					 calendar year will be equal to the lesser of the actual pensionable
					 compensation earned by the member during such portion of a calendar year or the
					 maximum pensionable compensation for such portion of a
					 year.