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 2 - Administration › Section 554.7 - Ballot Distribution

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Except as provided in paragraph (b), below, the Election Coordinator shall
					 cause ballots, candidate statements, postage paid return envelopes, and
					 online/telephone voting instructions to be mailed by CalPERS directly to the
					 mailing or physical address of each retired member, and to each eligible active
					 member for whom the Board has a residence address and is permitted by law to
					 use such address to mail these election materials. The Election Coordinator
					 shall provide the means for eligible active and retired members for whom
					 CalPERS does not have a valid mailing or physical address recorded to request
					 ballots.
Paper marked ballots shall be returned to the location
						designated by CalPERS in the postage paid return envelope provided by CalPERS
						and the reverse side of the envelope shall be signed by the voter certifying
						under penalty of perjury that the voter is eligible to vote in the election;
						otherwise the paper ballot shall not be valid.
CalPERS will allow online and telephone voting. Voters
						submitting an online or telephone vote are required to enter a pin number
						provided by CalPERS, and a unique identification number, and agree to
						electronically certify under penalty of perjury that the voter is eligible to
						vote in the election; otherwise the online or telephone vote shall not be
						valid. CalPERS shall not require, or place, any information that identifies the
						voter on the paper ballot.
(b) If only one candidate has been nominated
					 in accordance with section
					 554.5, the Election Coordinator
					 shall, upon verification of the signatures presented in the nominating petition
					 and upon the candidate's certification of his/her nomination acceptance, cancel
					 the remaining election procedures and designate the single candidate to be
					 certified as elected by the Secretary of State. Upon the Secretary of State's
					 certification, the Board member elected through this process shall take his/her
					 office on the day provided for by statute or immediately, if elected to fill a
					 vacancy.
1. New
						section filed 7-2-82; effective thirtieth day thereafter (Register 82, No.
						27).
2. Amendment filed 7-9-84; effective thirtieth day thereafter
						(Register 84, No. 28).
3. New subsection (a), designation and
						amendment of subsection (b), and designation of subsection (c) filed 8-9-94;
						operative 9-8-94 (Register 94, No. 32).
4. Amendment of subsection
						(a) filed 7-17-95 as an emergency; operative 7-17-95 (Register 95, No. 29). A
						Certificate of Compliance must be transmitted to OAL by 11-14-95 or emergency
						language will be repealed by operation of law on the following
						day.
5. Certificate of Compliance as to 7-17-95 order including
						amendment of subsection (b) transmitted to OAL 10-27-95 and filed 12-1-95
						(Register 95, No. 48).
6. Amendment of NOTE filed 8-24-98; operative
						9-23-98 (Register 98, No. 35).
7. Amendment of subsection (a) filed
						11-30-2000 as an emergency; operative 11-30-2000 (Register 2000, No. 48). A
						Certificate of Compliance must be transmitted to OAL by 3-30-2001 or emergency
						language will be repealed by operation of law on the following
						day.
8. Change without regulatory effect correcting subsection (a)
						of 11-30-2000 emergency action filed 12-18-2000 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2000, No. 51).
9. Pursuant to the order of the
						Superior Court of California, Court of Sacramento, dated April 20, 2001, in
						California State Employees Association, Local 1000, SEIU, AFL-CIO, CLC v.
						Public Employees Retirement System, et al., No. 00CS01662, the emergency
						amendment filed 11-30-2000 has been invalidated and is unenforceable until
						adopted in full compliance with the Administrative Procedure Act. Reinstatement
						of section as it existed prior to 11-30-2000 emergency amendment (Register
						2001, No. 22).
10. Amendment of subsection (a) adopted by CalPERS
						Board 3-21-2001; submitted to OAL and filed 8-2-2001; operative 1-16-2002
						(Register 2001, No. 31).
11. Renumbering of former section
						554.7 to section
						554.9 and renumbering and amendment
						of former section
						554.5 to section
						554.7 filed 11-10-2016; operative
						1-1-2017 (Register 2016, No. 46).
12. Amendment of subsection (a)
						filed 6-19-2018; operative 6-19-2018 pursuant to Government Code section
						11343.4(b)(3)
						(Register 2018, No. 25).
13. Amendment of subsection (a) filed
						11-24-2020; operative 1-1-2021 (Register 2020, No.
						48).
Note: Authority cited: Sections
						  20096 and
						  20121,
						  Government Code. Reference: Section
						  20096,
						  Government Code.