21350-21390
GOVERNMENT CODE
SECTION 21350-21390
21350. Upon retirement for service, a member is entitled to receive
a service retirement allowance which shall consist of:
(a) The member's service retirement annuity, including, with
respect to patrol members and solely in respect to the portion of the
annuity derived from the normal accumulated contributions of those
members, respectively, automatic continuance to surviving spouse, or
if there is no spouse at retirement, to surviving children, or if
there are no eligible surviving children at retirement, to surviving
dependent parents as provided in this article.
(b) The member's current service pension.
(c) The member's prior service pension.
21351. The actual amount of annuity receivable by a member upon
retirement shall be the actuarial equivalent of his or her
accumulated contributions.
21352. The service retirement annuity is the sum of the annuities
which are the actuarial equivalents of the normal and additional
accumulated contributions of a member at the time of his or her
retirement.
21353. (a) The combined current and prior service pensions for a
local miscellaneous member, a school member, a state miscellaneous or
state industrial member, or a university member is a pension derived
from the contributions of the employer sufficient, when added to the
service retirement annuity that is derived from the accumulated
normal contributions of the member at the date of retirement, to
equal the fraction of one-fiftieth of the member's final compensation
set forth opposite the member's age at retirement, taken to the
preceding completed quarter year, in the following table, multiplied
by the number of years of current and prior service except service in
a category of membership other than that of state or state
industrial member, local miscellaneous member, school member, or a
university member, or service covered under this First Tier
retirement formula, with which the member is entitled to be credited
at retirement:
Age of
Retirement Fraction
50 ............................... .546
50 1/4 ........................... .554
50 1/2 ........................... .562
50 3/4 ........................... .570
51 ............................... .578
51 1/4 ........................... .586
51 1/2 ........................... .595
51 3/4 ........................... .603
52 ............................... .612
52 1/4 ........................... .621
52 1/2 ........................... .630
52 3/4 ........................... .639
53 ............................... .648
53 1/4 ........................... .658
53 1/2 ........................... .668
53 3/4 ........................... .678
54 ............................... .688
54 1/4 ........................... .698
54 1/2 ........................... .709
54 3/4 ........................... .719
55 ............................... .730
55 1/4 ........................... .741
55 1/2 ........................... .753
55 3/4 ........................... .764
56 ............................... .776
56 1/4 ........................... .788
56 1/2 ........................... .800
56 3/4 ........................... .813
57 ............................... .825
57 1/4 ........................... .839
57 1/2 ........................... .852
57 3/4 ........................... .865
58 ............................... .879
58 1/4 ........................... .893
58 1/2 ........................... .908
58 3/4 ........................... .923
59 ............................... .937
59 1/4 ........................... .953
59 1/2 ........................... .969
59 3/4 ........................... .985
60 ............................... 1.000
60 1/4 ........................... 1.017
60 1/2 ........................... 1.034
60 3/4 ........................... 1.050
61 ............................... 1.067
61 1/4 ........................... 1.084
61 1/2 ........................... 1.101
61 3/4 ........................... 1.119
62 ............................... 1.136
62 1/4 ........................... 1.154
62 1/2 ........................... 1.173
62 3/4 ........................... 1.191
63 and over ...................... 1.209
(b) The fractions specified in the above table shall be reduced by
one-third as applied to that part of final compensation that does
not exceed four hundred dollars ($400) per month for all service of a
member any of whose service has been included in the federal system.
This reduction shall not apply to a member employed by a contracting
agency that enters into a contract after July 1, 1971, and elects
not to be subject to this paragraph or with respect to service
rendered after the termination of coverage under the federal system
with respect to the coverage group to which the member belongs.
(c) The improved retirement allowance provided by this section is
granted subject to future reduction prior to a member's retirement,
by offset of federal system benefits or otherwise, as the Legislature
may from time to time deem appropriate because of changes in the
federal system benefits.
(d) With the exception of state miscellaneous members for service
rendered for the California State University or the legislative or
judicial branch of government, this section shall apply to state
miscellaneous and state industrial members who are not employed by
the state on or after January 1, 2000.
(e) (1) This section shall apply to a state miscellaneous or
industrial member who is employed by the state for the first time and
becomes a state miscellaneous or industrial member of the system on
or after the first day of the pay period following the effective date
of the act adding this subdivision, and is represented by State
Bargaining Unit 12, 16, 18, or 19. With respect to related state
miscellaneous or industrial members in managerial, supervisory, or
confidential positions and officers or employees of the executive
branch of state government who are not members of the civil service,
the Director of the Department of Personnel Administration may
exercise his or her discretion whether to approve their status in
writing to the board.
(2) This subdivision does not apply to:
(A) Former state employees previously employed before the first
day of the pay period following the effective date of this
subdivision, who return to state employment on or after the first day
of the pay period following the effective date of this subdivision.
(B) State employees hired prior to the first day of the pay period
following the effective date of this subdivision, who were subject
to Section 20281.5 during the first 24 months of state employment.
(C) State employees hired prior to the first day of the pay period
following the effective date of this subdivision, who become subject
to representation by State Bargaining Unit 12, 16, 18, or 19 on or
after the first day of the pay period following the effective date of
the act adding this subdivision.
(D) State employees on an approved leave of absence employed
before the first day of the pay period following the effective date
of this subdivision, who return to active employment on or after the
first day of the pay period following the effective date of the act
adding this subdivision.
(f) (1) This section shall apply to a state miscellaneous or
industrial member who is employed by the state for the first time and
becomes a state miscellaneous or industrial member of the system on
or after October 31, 2010, and is represented by State Bargaining
Unit 5 or 8. With respect to related state miscellaneous or
industrial members in managerial, supervisory, or confidential
positions and officers or employees of the executive branch of state
government who are not members of the civil service, the Director of
the Department of Personnel Administration may exercise his or her
discretion whether to approve their status in writing to the board.
(2) This subdivision does not apply to:
(A) Former state employees previously employed before October 31,
2010, who return to state employment on or after October 31, 2010.
(B) State employees hired prior to October 31, 2010, who were
subject to Section 20281.5 during the first 24 months of state
employment.
(C) State employees hired prior to October 31, 2010, who become
subject to representation by State Bargaining Unit 5 or 8 on or after
October 31, 2010.
(D) State employees on an approved leave of absence employed
before October 1, 2010, who return to active employment on or after
October 31, 2010.
(g) (1) Notwithstanding Section 3517.8 or any provision of an
expired memorandum of understanding, this section shall also apply to
a state miscellaneous or industrial member who is employed by the
state, the Legislature, the judicial branch, or the California State
University for the first time and becomes a member of the system on
or after January 15, 2011.
(2) If this subdivision is in conflict with a memorandum of
understanding that is current and in effect on January 15, 2011, the
memorandum of understanding shall be controlling while it remains in
effect. Upon expiration of the memorandum of understanding that is in
effect and current on January 15, 2011, this section shall be
controlling and may not be superseded by a subsequent memorandum of
understanding.
(3) This subdivision does not apply to:
(A) Former state, legislative, judicial branch, or university
employees previously employed before January 15, 2011, who return to
employment on or after January 15, 2011, and who were not previously
subject to this section.
(B) State employees hired prior to January 15, 2011, who were
subject to Section 20281.5 during the first 24 months of state
employment, and who were not previously subject to this section.
(C) State, legislative, judicial branch, or university employees
on an approved leave of absence employed before January 15, 2011, who
return to active employment on or after January 15, 2011, and who
were not previously subject to this section.
21353.5. The combined current and prior service pensions for a
state miscellaneous or industrial member who has elected to be
subject to the service retirement formula prescribed in this section,
as provided by Sections 21071 and 21073.5, is a pension derived from
the contributions of the employer sufficient, when added to the
service retirement annuity that is derived from the accumulated
normal contributions of the member at the date of retirement, to
equal the fraction of one-fiftieth of the member's final compensation
set forth opposite the member's age at retirement, taken to the
preceding completed quarter year, in the following table, multiplied
by the number of years of current and prior service, except service
in a category of membership other than that credited under this
section, with which the member is entitled to be credited at
retirement:
Age of
Retirement Fraction
50 ................................ .546
50 1/4............................. .554
50 1/2............................. .562
50 3/4............................. .570
51 ................................ .578
51 1/4............................. .586
51 1/2............................. .595
51 3/4............................. .603
52 ................................ .612
52 1/4............................. .621
52 1/2............................. .630
52 3/4............................. .639
53 ................................ .648
53 1/4............................. .658
53 1/2............................. .668
53 3/4............................. .678
54 ................................ .688
54 1/4............................. .698
54 1/2............................. .709
54 3/4............................. .719
55 ................................ .730
55 1/4............................. .741
55 1/2............................. .753
55 3/4............................. .764
56 ................................ .776
56 1/4............................. .788
56 1/2............................. .800
56 3/4............................. .813
57 ................................ .825
57 1/4............................. .839
57 1/2............................. .852
57 3/4............................. .865
58 ................................ .879
58 1/4............................. .893
58 1/2............................. .908
58 3/4............................. .923
59 ................................ .937
59 1/4............................. .953
59 1/2............................. .969
59 3/4............................. .985
60 and over........................ 1.000
The fractions specified in the above table shall be reduced by
one-third as applied to that part of final compensation which does
not exceed four hundred dollars ($400) per month for all service of a
member any of whose service has been included in the federal system.
The retirement allowance provided by this section, which shall be
effective for members who retire on and after April 1, 1998, is
granted subject to future reduction prior to a member's retirement,
by offset of federal system benefits or otherwise, as the Legislature
may from time to time deem appropriate because of changes in such
federal system benefits.
21353.5. The combined current and prior service pensions for a
state miscellaneous or industrial member who has elected to be
subject to the service retirement formula prescribed in this section,
as provided by Sections 21071 and 21073.5, is a pension derived from
the contributions of the employer sufficient, when added to the
service retirement annuity that is derived from the accumulated
normal contributions of the member at the date of retirement, to
equal the fraction of one-fiftieth of the member's final compensation
set forth opposite the member's age at retirement, taken to the
preceding completed quarter year, in the following table, multiplied
by the number of years of current and prior service, except service
in a category of membership other than that credited under this
section, with which the member is entitled to be credited at
retirement:
Age of
Retirement Fraction
50 ................................ .546
50 1/4............................. .554
50 1/2............................. .562
50 3/4............................. .570
51 ................................ .578
51 1/4............................. .586
51 1/2............................. .595
51 3/4............................. .603
52 ................................ .612
52 1/4............................. .621
52 1/2............................. .630
52 3/4............................. .639
53 ................................ .648
53 1/4............................. .658
53 1/2............................. .668
53 3/4............................. .678
54 ................................ .688
54 1/4............................. .698
54 1/2............................. .709
54 3/4............................. .719
55 ................................ .730
55 1/4............................. .741
55 1/2............................. .753
55 3/4............................. .764
56 ................................ .776
56 1/4............................. .788
56 1/2............................. .800
56 3/4............................. .813
57 ................................ .825
57 1/4............................. .839
57 1/2............................. .852
57 3/4............................. .865
58 ................................ .879
58 1/4............................. .893
58 1/2............................. .908
58 3/4............................. .923
59 ................................ .937
59 1/4............................. .953
59 1/2............................. .969
59 3/4............................. .985
60 and over........................ 1.000
The fractions specified in the above table shall be reduced by
one-third as applied to that part of final compensation which does
not exceed four hundred dollars ($400) per month for all service of a
member any of whose service has been included in the federal system.
The retirement allowance provided by this section, which shall be
effective for members who retire on and after April 1, 1998, is
granted subject to future reduction prior to a member's retirement,
by offset of federal system benefits or otherwise, as the Legislature
may from time to time deem appropriate because of changes in such
federal system benefits.
21353.5. (a) The combined current and prior service pensions for a
state miscellaneous or state industrial member who has elected to be
subject to the service retirement formula prescribed in this section,
as provided by Sections 21071 and 21073.5, is a pension derived from
the contributions of the employer sufficient, when added to the
service retirement annuity that is derived from the accumulated
normal contributions of the member at the date of retirement, to
equal the fraction of one-fiftieth of the member's final compensation
set forth opposite the member's age at retirement, taken to the
preceding completed quarter year, in the following table, multiplied
by the number of years of current and prior service, except service
in a category of membership other than that credited under this
section, with which the member is entitled to be credited at
retirement:
Age of
Retirement Fraction
50 ................................ .546
50 1/4............................. .554
50 1/2............................. .562
50 3/4............................. .570
51 ................................ .578
51 1/4............................. .586
51 1/2............................. .595
51 3/4............................. .603
52 ................................ .612
52 1/4............................. .621
52 1/2............................. .630
52 3/4............................. .639
53 ................................ .648
53 1/4............................. .658
53 1/2............................. .668
53 3/4............................. .678
54 ................................ .688
54 1/4............................. .698
54 1/2............................. .709
54 3/4............................. .719
55 ................................ .730
55 1/4............................. .741
55 1/2............................. .753
55 3/4............................. .764
56 ................................ .776
56 1/4............................. .788
56 1/2............................. .800
56 3/4............................. .813
57 ................................ .825
57 1/4............................. .839
57 1/2............................. .852
57 3/4............................. .865
58 ................................ .879
58 1/4............................. .893
58 1/2............................. .908
58 3/4............................. .923
59 ................................ .937
59 1/4............................. .953
59 1/2............................. .969
59 3/4............................. .985
60 and over........................ 1.000
(b) The fractions specified in the above table shall be reduced by
one-third as applied to that part of final compensation that does
not exceed four hundred dollars ($400) per month for all service of a
member any of whose service has been included in the federal system.
(c) The retirement allowance provided by this section, which shall
be effective for members who retire on and after April 1, 1998, is
granted subject to future reduction prior to a member's retirement,
by offset of federal system benefits or otherwise, as the Legislature
may from time to time deem appropriate because of changes in the
federal system benefits.
(d) This section shall become inoperative on January 1, 2000.
(e) The amendments to this section enacted during the first year
of the 1999-2000 Regular Session are subject to the limitations set
forth in Section 21251.13.
21354. The combined current and prior service pensions for a local
miscellaneous member is a pension derived from the contribution of
the employer sufficient, when added to the service retirement annuity
that is derived from the accumulated normal contributions of the
member at the date of retirement, to equal the fraction of
one-fiftieth of the member's final compensation set forth opposite
the member's age at retirement, taken to the preceding completed
quarter year, in the following table, multiplied by the number of
years of current and prior service except service in a category of
membership other than that of local miscellaneous member with which
the member is entitled to be credited at retirement:
Age of Retirement Fraction
50................................ 0.713
50 1/4............................ 0.725
50 1/2............................ 0.737
50 3/4............................ 0.749
51................................ 0.761
51 1/4............................ 0.775
51 1/2............................ 0.788
51 3/4............................ 0.801
52................................ 0.814
52 1/4............................ 0.828
52 1/2............................ 0.843
52 3/4............................ 0.857
53................................ 0.871
53 1/4............................ 0.886
53 1/2............................ 0.902
53 3/4............................ 0.917
54................................ 0.933
54 1/4............................ 0.950
54 1/2............................ 0.966
54 3/4............................ 0.983
55................................ 1.000
55 1/4............................ 1.007
55 1/2............................ 1.013
55 3/4............................ 1.020
56................................ 1.026
56 1/4............................ 1.033
56 1/2............................ 1.039
56 3/4............................ 1.046
57................................ 1.052
57 1/4............................ 1.059
57 1/2............................ 1.065
57 3/4............................ 1.072
58................................ 1.078
58 1/4............................ 1.085
58 1/2............................ 1.091
58 3/4............................ 1.098
59................................ 1.105
59 1/4............................ 1.111
59 1/2............................ 1.118
59 3/4............................ 1.124
60................................ 1.131
60 1/4............................ 1.137
60 1/2............................ 1.144
60 3/4............................ 1.150
61................................ 1.157
61 1/4............................ 1.163
61 1/2............................ 1.170
61 3/4............................ 1.176
62................................ 1.183
62 1/4............................ 1.189
62 1/2............................ 1.196
62 3/4............................ 1.202
63................................ 1.209
The fraction specified in the above table shall be reduced by
one-third as applied to that part of final compensation that does not
exceed four hundred dollars ($400) per month for all services of a
member any of whose service has been included in the federal system.
This reduction shall not apply to a member employed by a contracting
agency that enters into a contract after July 1, 1971, and who elects
not to be subject to this paragraph or with respect to service
rendered after the termination of coverage under the federal system
with respect to the coverage group to which the member belongs.
This section shall supersede Section 21353 with respect to all
local miscellaneous members who retire after the date this section
becomes applicable to their respective employers.
This section shall not apply to a contracting agency nor its
employees until the contracting agency elects to make all local
miscellaneous members subject to it by amendment to its contract made
in the manner prescribed for approval of contracts or in the case of
a new contract, by express provision of the contract. The operative
date of this section with respect to a local miscellaneous member
shall be the effective date of the amendment to his or her employer's
contract electing to be subject to this section.
21354.1. (a) The combined current and prior service pensions for
school members, state miscellaneous or state industrial members, or
university members who are subject to the provisions of this section
is a pension derived from the contributions of the employer
sufficient, when added to the service retirement annuity that is
derived from the accumulated normal contributions of the member at
the date of retirement, to equal the fraction of one-fiftieth of the
member's final compensation set forth opposite the member's age at
retirement, taken to the preceding completed quarter year, in the
following table, multiplied by the number of years of current and
prior service, except service in a category of membership other than
that of a school member, state miscellaneous or state industrial
member, or university member or service covered under this retirement
formula with which the member is entitled to be credited at
retirement:
Age at
retirement Fraction
50 ............................... 0.550
50 1/4 ........................... 0.573
50 1/2 ........................... 0.595
50 3/4 ........................... 0.618
51 ............................... 0.640
51 1/4 ........................... 0.663
51 1/2 ........................... 0.685
51 3/4 ........................... 0.708
52 ............................... 0.730
52 1/4 ........................... 0.753
52 1/2 ........................... 0.775
52 3/4 ........................... 0.798
53 ............................... 0.820
53 1/4 ........................... 0.843
53 1/2 ........................... 0.865
53 3/4 ........................... 0.888
54 ............................... 0.910
54 1/4 ........................... 0.933
54 1/2 ........................... 0.955
54 3/4 ........................... 0.978
55 ............................... 1.000
55 1/4 ........................... 1.008
55 1/2 ........................... 1.016
55 3/4 ........................... 1.024
56 ............................... 1.032
56 1/4 ........................... 1.040
56 1/2 ........................... 1.048
56 3/4 ........................... 1.055
57 ............................... 1.063
57 1/4 ........................... 1.071
57 1/2 ........................... 1.079
57 3/4 ........................... 1.086
58 ............................... 1.094
58 1/4 ........................... 1.102
58 1/2 ........................... 1.110
58 3/4 ........................... 1.118
59 ............................... 1.125
59 1/4 ........................... 1.134
59 1/2 ........................... 1.141
59 3/4 ........................... 1.149
60 ............................... 1.157
60 1/4 ........................... 1.165
60 1/2 ........................... 1.173
60 3/4 ........................... 1.180
61 ............................... 1.188
61 1/4 ........................... 1.196
61 1/2 ........................... 1.203
61 3/4 ........................... 1.211
62 ............................... 1.219
62 1/4 ........................... 1.227
62 1/2 ........................... 1.235
62 3/4 ........................... 1.243
63 and over ...................... 1.250
(b) The fraction specified in the above table shall be reduced by
one-third as applied to that part of final compensation that does not
exceed four hundred dollars ($400) per month for all service of a
member any of whose service has been included in the federal system.
This subdivision shall not apply to school members whose service is
included in the federal system with respect to service performed on
or after January 1, 2001.
(c) This section shall supersede Section 21353 for all school
members, all university members, and all state miscellaneous members,
with respect to service rendered for the California State University
or the legislative or judicial branch of government, who retire on
or after January 1, 2000.
(d) This section shall also supersede Section 21353 for state
miscellaneous or state industrial members, for service not subject to
subdivision (c), who are employed by the state on or after January
1, 2000, and who do not elect under Section 21070.5 to be subject to
Second Tier benefits.
(e) Operation and application of this section are subject to the
limitations set forth in Section 21251.13.
(f) Notwithstanding any other provision of this section, this
section shall not apply to a state miscellaneous or industrial member
who is employed by the state for the first time and becomes a state
miscellaneous or industrial member of the system on or after the
first day of the pay period following the effective date of the act
adding this subdivision, and is represented by State Bargaining Unit
12, 16, 18, or 19. With respect to related state miscellaneous or
industrial members in managerial, supervisory, or confidential
positions and officers or employees of the executive branch of state
government who are not members of the civil service, the Director of
the Department of Personnel Administration may exercise his or her
discretion whether to approve their status in writing to the board.
(g) Notwithstanding any other provision of this section, this
section shall not apply to a state miscellaneous or industrial member
who is employed by the state for the first time and becomes a state
miscellaneous or industrial member of the system on or after October
31, 2010, and is represented by State Bargaining Unit 5 or 8. With
respect to related state miscellaneous or industrial members in
managerial, supervisory, or confidential positions and officers or
employees of the executive branch of state government who are not
members of the civil service, the Director of the Department of
Personnel Administration may exercise his or her discretion whether
to approve their status in writing to the board.
(h) (1) Notwithstanding Section 3517.8 or any provision of an
expired memorandum of understanding, or any other provision of this
section, this section shall not apply to a state miscellaneous or
industrial member who is employed by the state, the Legislature, the
judicial branch, or the California State University for the first
time and becomes a member of the system on or after January 15, 2011.
(2) If this subdivision is in conflict with a memorandum of
understanding that is current and in effect on January 15, 2011, the
memorandum of understanding shall be controlling while it remains in
effect. Upon expiration of the memorandum of understanding that is in
effect and current on January 15, 2011, this section shall be
controlling and may not be superseded by a subsequent memorandum of
understanding.
21354.3. (a) The combined current and prior service pensions for a
local miscellaneous member is a pension derived from the
contributions of the employer sufficient, when added to the service
retirement annuity that is derived from the accumulated normal
contributions of the member at the date of retirement, to equal the
fraction of one-fiftieth of the member's final compensation set forth
opposite the member's age at retirement, taken to the preceding
completed quarter year, in the following table, multiplied by the
number of years of current and prior service except service in a
category of membership other than that of local miscellaneous member
with which the member is entitled to be credited at retirement:
Age at
Retirement Fraction
50 ............................ 1.0000
50 1/4......................... 1.0125
50 1/2......................... 1.0250
50 3/4......................... 1.0375
51 ............................ 1.0500
51 1/4......................... 1.0625
51 1/2......................... 1.0750
51 3/4......................... 1.0875
52 ............................ 1.1000
52 1/4......................... 1.1125
52 1/2......................... 1.1250
52 3/4......................... 1.1375
53 ............................ 1.1500
53 1/4......................... 1.1625
53 1/2......................... 1.1750
53 3/4......................... 1.1875
54 ............................ 1.2000
54 1/4......................... 1.2125
54 1/2......................... 1.2250
54 3/4......................... 1.2375
55............................. 1.2500
55 1/4......................... 1.2625
55 1/2......................... 1.2750
55 3/4......................... 1.2875
56............................. 1.3000
56 1/4......................... 1.3125
56 1/2......................... 1.3250
56 3/4......................... 1.3375
57............................. 1.3500
57 1/4......................... 1.3625
57 1/2......................... 1.3750
57 3/4......................... 1.3875
58............................. 1.4000
58 1/4......................... 1.4125
58 1/2......................... 1.4250
58 3/4......................... 1.4375
59............................. 1.4500
59 1/4......................... 1.4625
59 1/2......................... 1.4750
59 3/4......................... 1.4875
60 and over.................... 1.5000
(b) The fraction specified in the above table shall be reduced by
one-third as applied to that part of final compensation that does not
exceed four hundred dollars ($400) per month for all services of a
member any of whose service has been included in the federal system.
This reduction shall not apply to a member employed by a contracting
agency that enters into a contract after July 1, 1971, and who elects
not to be subject to this subdivision or with respect to service
rendered after the termination of coverage under the federal system
with respect to the coverage group to which the member belongs.
(c) This section shall supersede Sections 21353, 21354, 21354.1,
21354.4, and 21354.5 with respect to a local miscellaneous member who
is employed by a contracting agency on or after the date this
section becomes applicable to the contracting agency.
(d) This section shall not apply to a contracting agency nor its
employees until the contracting agency elects to make all local
miscellaneous members subject to it by amendment to its contract made
in the manner prescribed for approval of contracts or in the case of
a new contract, by express provision of the contract. The operative
date of this section with respect to a local miscellaneous member
shall be the effective date of the amendment to his or her employer's
contract electing to be subject to this section.
(e) (1) Notwithstanding subdivision (d) and for purposes of this
subdivision, "Riverside County contracting agency" means any of the
following:
(A) County of Riverside.
(B) County of Riverside Regional Park and Open-Space District.
(C) County of Riverside Waste Resources Management District.
(D) County of Riverside Flood Control and Water Conservation
District.
(2) This section shall apply to a former employee of a Riverside
County contracting agency if that former employee is currently
employed by another Riverside County contracting agency. This section
shall not apply to a Riverside County contracting agency nor the
current or former employees of that Riverside County contracting
agency until the Riverside County contracting agency elects to make
all local miscellaneous members subject to this section by amendment
to the contract of that Riverside County contracting agency, made in
the manner prescribed for approval of contracts, or in the case of a
new contract, by express provision of the contract. The provisions of
this section shall apply with respect to a local miscellaneous
member on the effective date of the amendment to the Riverside County
contracting agency's contract electing to be subject to this
section.
21354.4. (a) The combined current and prior service pensions for a
local miscellaneous member is a pension derived from the
contributions of the employer sufficient, when added to the service
retirement annuity that is derived from the accumulated normal
contributions of the member at the date of retirement, to equal the
fraction of one-fiftieth of the member's final compensation set forth
opposite the member's age at retirement, taken to the preceding
completed quarter year, in the following table, multiplied by the
number of years of current and prior service except service in a
category of membership other than that of local miscellaneous member
with which the member is entitled to be credited at retirement:
Age at
Retirement Fraction
50 ............................ 1.0000
50 1/4......................... 1.0125
50 1/2......................... 1.0250
50 3/4......................... 1.0375
51 ............................ 1.0500
51 1/4......................... 1.0625
51 1/2......................... 1.0750
51 3/4......................... 1.0875
52 ............................ 1.1000
52 1/4......................... 1.1125
52 1/2......................... 1.1250
52 3/4......................... 1.1375
53 ............................ 1.1500
53 1/4......................... 1.1625
53 1/2......................... 1.1750
53 3/4......................... 1.1875
54 ............................ 1.2000
54 1/4......................... 1.2125
54 1/2......................... 1.2250
54 3/4......................... 1.2375
55 and over.................... 1.2500
(b) The fraction specified in the above table shall be reduced by
one-third as applied to that part of final compensation that does not
exceed four hundred dollars ($400) per month for all service of a
member any of whose service has been included in the federal system.
This reduction shall not apply to a member employed by a contracting
agency that enters into a contract after July 1, 1971, and who elects
not to be subject to this subdivision or with respect to service
rendered after the termination of coverage under the federal system
with respect to the coverage group to which the member belongs.
(c) This section shall supersede Sections 21353, 21354, and
21354.1, with respect to a local miscellaneous member who is employed
by a contracting agency on or after the date this section becomes
applicable to the contracting agency.
(d) This section shall not apply to a contracting agency nor its
employees until the contracting agency elects to make all local
miscellaneous members subject to it by amendment to its contract made
in the manner prescribed for approval of contracts or in the case of
a new contract, by express provision of the contract. The operative
date of this section with respect to a local miscellaneous member
shall be the effective date of the amendment to his or her employer's
contract electing to be subject to this section.
21354.5. (a) The combined current and prior service pensions for a
local miscellaneous member is a pension derived from the
contributions of the employer sufficient, when added to the service
retirement annuity that is derived from the accumulated normal
contributions of the member at the date of retirement, to equal the
fraction of one-fiftieth of the member's final compensation set forth
opposite the member's age at retirement, taken to the preceding
completed quarter year, in the following table, multiplied by the
number of years of current and prior service, except service in a
category of membership other than that of a local miscellaneous
member, with which the member is entitled to be credited at
retirement:
Age at
Retirement Fraction
50 ............................... 1.0000
50 1/4............................ 1.0175
50 1/2............................ 1.0350
50 3/4............................ 1.0525
51 ............................... 1.0700
51 1/4............................ 1.0875
51 1/2............................ 1.1050
51 3/4............................ 1.1225
52 ............................... 1.1400
52 1/4............................ 1.1575
52 1/2............................ 1.1750
52 3/4............................ 1.1925
53 ............................... 1.2100
53 1/4............................ 1.2275
53 1/2............................ 1.2450
53 3/4............................ 1.2625
54 ............................... 1.2800
54 1/4............................ 1.2975
54 1/2............................ 1.3150
54 3/4............................ 1.3325
55 and over....................... 1.3500
(b) The fractions specified in the above table shall be reduced by
one-third as applied to that part of final compensation that does
not exceed four hundred dollars ($400) per month for all service of a
member any of whose service has been included in the federal system.
This reduction shall not apply to a member employed by a contracting
agency that enters into a contract after July 1, 1971, and elects
not to be subject to this subdivision or with respect to service
rendered after the termination of coverage under the federal system
with respect to the coverage group to which the member belongs.
(c) This section shall supersede Sections 21353, 21354, 21354.1,
and 21354.4 with respect to a local miscellaneous member who is
employed by a contracting agency on or after the date this section
becomes applicable to the contracting agency.
(d) This section shall not apply to a contracting agency nor its
employees until the contracting agency elects to make all local
miscellaneous members subject to it by amendment to its contract made
in the manner prescribed for approval of contracts or in the case of
a new contract, by express provision of the contract. The operative
date of this section with respect to a local miscellaneous member
shall be the effective date of the amendment to his or her employer's
contract electing to be subject to this section.
21355. Notwithstanding Sections 21353, 21354, and 21354.1, if the
modification to the federal-state agreement occurred on or after July
1, 1971, whenever the fraction of final compensation is reduced
pursuant to Section 21353, 21354, or 21354.1 because service of a
member has been included in the federal system, the reduction shall
apply only as to service after the effective date of the member's
coverage under the federal system. This section shall apply to those
members whose effective date of retirement is on or after July 1,
1971.
21356. (a) A member who elects, pursuant to Article 1.7 (commencing
with Section 19996.30) of Chapter 7 of Part 2.6 or pursuant to
Sections 21110 through 21115, to participate in partial service
retirement, while so participating, shall receive a reduced service
retirement allowance. The reduced service retirement allowance shall
be the amount of the service retirement allowance to which the
employee would otherwise have been entitled had he or she fully
retired on the effective date of the partial service retirement,
reduced by the percentage of the employee's full-time work which the
employee has elected to work while on partial service retirement.
(b) Article 6 (commencing with Section 21450) shall not apply to
an employee who is participating in reduced worktime for partial
service retirement.
(c) For a member who elects pursuant to Article 1.7 (commencing
with Section 19996.30) of Chapter 7 of Part 2.6 or pursuant to
Sections 21110 through 21115 to become fully retired, the current
service pension, or current and prior service pensions, as the case
may be, upon his or her full service retirement shall be (1) the sum
of a current service pension calculated on the basis of service
rendered during participation in reduced worktime in accordance with
the formula applicable to his or her current service pension, plus
his or her current service pension, or current and prior service
pensions, as the case may be, as it was prior to his or her full
service retirement, provided that full service retirement occurs
before he or she renders, while participating in reduced worktime for
partial service retirement, one year of state service credited under
this system; or (2) if he or she has rendered one year or more of
state service while participating in reduced worktime for partial
service retirement, a current service pension, or current and prior
service pensions, as the case may be, based on the total years of
service with which the member is entitled to be credited, calculated
on the basis of the formula currently applicable to the employment in
which the service was rendered. A member shall receive service
credit for service during participation in reduced worktime for
partial retirement and service credited at the time of the election
to participate in reduced worktime for partial retirement.
21357. (a) For a member reinstated from service retirement or
partial service retirement, the current service pension, or current
and prior service pensions, as the case may be, upon his or her
service retirement subsequent to the reinstatement, shall be the sum
of (1) a current service pension calculated on the basis of service
rendered after reinstatement in accordance with the formula
applicable to him or her in that service and membership, plus, (2) if
the subsequent retirement occurs before he or she renders, after his
or her reinstatement, at least one year of state service credited
under this system, or if the subsequent service or disability
retirement occurs after his or her reinstatement from service or
disability retirement pursuant to an election under Section 21465,
his or her current service pension, or current and prior service
pensions, as the case may be, as it was prior to his or her
reinstatement, adjusted for any service on which the pension was
based that was included in coverage of the federal system during
reinstatement according to the formula applicable to the service in
employment for which he or she was retired, and further adjusted
according to any change after reinstatement in the provisions
governing the calculation of his or her pension that would have
applied to him or her had he or she continued in retirement but been
subject to the formula applied in the first adjustment; or, for state
miscellaneous and state industrial service subject to Section 21076,
in lieu of (2), plus (3) a current service pension, or current and
prior service pensions, as the case may be, as it would have been
prior to his or her reinstatement under the formula applicable to
Section 21076, adjusted for any service on which the pension was
based that was included in coverage of the federal system during
reinstatement according to the formula applicable to the service in
employment for which he or she was retired, and further adjusted
according to any change after reinstatement in the provisions
governing the calculations of his or her pension that would have
applied to him or her had he or she continued in retirement and been
subject to the formula applicable to Section 21076, or if he or she
has rendered one year or more of state service after reinstatement,
in lieu of (2) or (3), plus (4), a current service pension based on
current service rendered prior to reinstatement, calculated on the
basis of the formula currently applicable to the employment in which
the service was rendered but on the basis of an age taken to the
preceding completed quarter year but not less than the minimum
retirement age applicable to him or her at his or her last retirement
and determined by deducting from his or her age at his or her
subsequent retirement, the aggregate time during which he or she was
under retirement. For a member reinstated from nonindustrial
disability retirement, the current service pension upon his or her
service retirement after attaining an age one year less than the
minimum age at which he or she could have retired without an
actuarial discount because of age in the employment from which he or
she was last retired, or upon his or her disability retirement after
attaining the minimum age, and subsequent to reinstatement, shall be
calculated in the manners described in the preceding sentence, but
the age determined upon subsequent retirement after rendering at
least one year of state service credited under this system shall not
be taken at less than one year less than the minimum age if the
subsequent retirement is for service, or the minimum age if the
retirement is for disability.
(b) The current service pension otherwise payable under this
section to a member whose allowance prior to reinstatement was paid
pursuant to his or her election under Section 21461 shall be reduced
by the actuarial equivalent, on the date of retirement subsequent to
reinstatement, of the amount (converted as below), if any, by which:
(1) The total amount paid in the period during which a temporary
annuity was included in the payments, reduced by the total amount
that would have been payable during that period had the election not
been made, exceeds
(2) The excess of the total amount that would have been payable,
had the election not been made, during the time subsequent to that
period and prior to reinstatement, over the total amount actually
paid during that time.
The amount determined by the above formula shall be converted to
an amount equaling the actuarial equivalent on the date of
reinstatement and this latter amount shall be the basis of the
actuarial equivalent on the date of retirement subsequent to
reinstatement.
Actuarial equivalents required by this section shall be based on
the interest rate and mortality tables in use by this system on the
date of retirement subsequent to reinstatement.
(c) Notwithstanding this section, or any other provision of this
part, the current service pension payable to any member subject to
this section who rendered one year or more of state service credited
under this system after reinstatement on retirement for service
subsequent to reinstatement from service retirement for any credited
service for which a current service pension was paid prior to
reinstatement shall not be less than the current service pension that
would be payable on the date of the subsequent retirement had the
member not been reinstated. For state miscellaneous and state
industrial service subject to Section 21076, the current service
pension payable for any credited service for which a current service
pension was paid prior to reinstatement shall not be less than the
current service pension that would have been payable on the date of
the subsequent retirement had the member's retirement been subject to
the formula under Section 21076 and had not been reinstated,
adjusted, however, by any reduction under this section because of an
election under Section 21461 and, for any service so credited that
was included in coverage of the federal system during reinstatement,
according to the formula applicable to the service in employment from
which he or she was retired.
21358. Notwithstanding Section 21357, the retirement allowance of a
state member, other than a university member, payable upon
retirement within one year of reinstatement from an earlier
retirement of six months or less and based on service prior to
reinstatement shall not include any allowance based on service
credited under Section 20963.
This section shall not apply to school members.
21359. Notwithstanding Section 21357, in determining the method of
calculation of subsequent retirement benefits for a university
employee who, on the date of reemployment and reinstatement from
retirement, did not have the right to elect membership in this
system, the service rendered under the University of California
Retirement Plan after reemployment and reinstatement shall be
considered service rendered under this system.
21362. (a) The current service pension for patrol members and the
combined current and prior service pensions for local safety members
with respect to local safety service rendered to a contracting agency
that is subject to this section is a pension derived from the
contributions of the employer sufficient when added to the service
retirement annuity that is derived from the accumulated normal
contributions of the patrol member or local safety member at the date
of his or her retirement to equal the fraction of one-fiftieth of
his or her final compensation set forth opposite his or her age at
retirement taken to the preceding completed quarter year, in the
following table, multiplied by the number of years of patrol service
and local safety service subject to this section with which he or she
is credited at retirement:
Age at
retirement Fraction
50 ............................... 1.0000
50 1/4............................ 1.0175
50 1/2............................ 1.0350
50 3/4............................ 1.0525
51 ............................... 1.0700
51 1/4............................ 1.0875
51 1/2............................ 1.1050
51 3/4............................ 1.1225
52 ............................... 1.1400
52 1/4............................ 1.1575
52 1/2............................ 1.1750
52 3/4............................ 1.1925
53 ............................... 1.2100
53 1/4............................ 1.2275
53 1/2............................ 1.2450
53 3/4............................ 1.2625
54 ............................... 1.2800
54 1/4............................ 1.2975
54 1/2............................ 1.3150
54 3/4............................ 1.3325
55 and over....................... 1.3500
(b) (1) Except as otherwise provided in this subdivision, the
current service pension and the combined current and prior service
pensions under this section for all service to all employers shall
not exceed an amount that, when added to the service retirement
annuity related to that service, equals 75 percent of final
compensation.
(2) For state members, with respect to service for all state
employers under this section, the benefit shall not exceed:
(A) Eighty percent of final compensation for state members who
retire on or after January 1, 1995, and prior to January 1, 1999.
(B) Eighty-five percent of final compensation for state members
who retire on or after January 1, 1999, and prior to January 1, 2000.
(C) Ninety percent of final compensation for state members who
retire on or after January 1, 2000.
(3) For local safety members who retire on or after January 1,
2000, the benefit shall not exceed 85 percent of final compensation.
(4) If the pension relates to service to more than one employer
and would otherwise exceed that maximum, the pension payable with
respect to each employer shall be reduced in the same proportion as
the allowance based on service to that employer bears to the total
allowance computed as though there were no limit, so that the total
of the pensions shall equal the maximum. Where a state or local
member retiring on or after January 1, 1995, has service under this
section with both state and local agency employers, the higher
maximum shall apply and the additional benefit shall be funded by
increasing the member's pension payable with respect to the employer
for whom the member performed the service subject to the higher
maximum.
(c) This section shall not apply to any contracting agency, unless
and until the agency elects to be subject to the provisions of this
section by amendment to its contract made in the manner prescribed
for approval of contracts or, in the case of contracts made after the
date this section is operative, by express provision in the contract
making the contracting agency subject to the provisions of this
section.
(d) This section shall supersede Section 21363, 21366, 21368,
21369, or 21370, whichever is then applicable, with respect to patrol
and local safety members who retire after the date this section
becomes applicable to their respective employers.
(e) This section shall not apply to state safety or state peace
officer/firefighter members.
(f) With respect to patrol members, this section shall only apply
to patrol members who are not employed by the state on or after
January 1, 2000.
(g) The Legislature reserves, with respect to any member subject
to this section, the right to provide for the adjustment of
industrial disability retirement allowances because of earnings of a
retired person and modification of the conditions and qualifications
required for retirement for disability as it may find appropriate
because of the earlier ages of service retirement made possible by
the benefits under this section.
21362.2. (a) Upon attaining the age of 50 years or more, the
combined current and prior service pension for state patrol members
and for local safety members with respect to local safety service
rendered to a contracting agency that is subject to the provisions of
this section is a pension derived from the contributions of the
employer sufficient when added to the service retirement annuity that
is derived from the accumulated normal contributions of the member
at the date of his or her retirement to equal 3 percent of his or her
final compensation at retirement, multiplied by the number of years
of patrol service or local safety service subject to this section
with which he or she is credited at retirement.
(b) In no event shall the current service pension and the combined
current and prior service pensions under this section for all
service to all employers exceed an amount that, when added to the
service retirement annuity related to that service, equals 85 percent
of final compensation. For state patrol members with respect to
service for all state employers under this section, the benefit shall
not exceed 90 percent of final compensation. If the pension relates
to service to more than one employer and would otherwise exceed that
maximum, the pension payable with respect to each employer shall be
reduced in the same proportion as the allowance based on service to
that employer bears to the total allowance computed as though there
were no limit, so that the total of the pensions shall equal the
maximum. Where a state or local member has service under this section
with both state and local agency employers, the higher maximum shall
apply and the additional benefit shall be funded by increasing the
member's pension payable with respect to the employer for whom the
member performed the service subject to the higher maximum.
(c) For patrol members employed by the state on or after January
1, 2000, this section shall supersede Section 21362.
(d) This section shall not apply to state safety or state peace
officer/firefighter members.
(e) This section shall not apply to any contracting agency nor its
employees unless and until the agency elects to be subject to the
provisions of this section by amendment to its contract made in the
manner prescribed for approval of contracts or, in the case of
contracts made after the date this section becomes operative, by
express provision in the contract making the contracting agency
subject to this section. The operative date of this section for a
local safety member shall be the effective date of the amendment to
his or her employer's contract electing to be subject to this
section.
(f) This section shall supersede Section 21362, 21363, 21363.1,
21366, 21368, 21369, or 21370, whichever is then applicable, with
respect to local safety members who retire after the date this
section becomes applicable to their respective employers.
(g) The Legislature reserves, with respect to any member subject
to this section, the right to provide for the adjustment of
industrial disability retirement allowances because of earnings of a
retired person and modification of the conditions and qualifications
required for retirement for disability as it may find appropriate
because of the earlier ages of service retirement made possible by
the benefits under this section.
(h) Operation and application of this section is subject to the
limitations set forth in Section 21251.13.
(i) Notwithstanding any other provision of this section, this
section shall not apply to a state patrol member who is employed by
the state for the first time and becomes a state patrol member of the
system on or after October 31, 2010, and is represented by State
Bargaining Unit 5. With respect to related state patrol members in
managerial, supervisory, or confidential positions and officers or
employees of the executive branch of state government who are not
members of the civil service, the Director of the Department of
Personnel Administration may exercise his or her discretion whether
to approve their status in writing to the board.
21362.3. (a) Notwithstanding subdivision (b) of Section 21362.2,
for the California Highway Patrol Commissioner, with respect to
service to all state employers under Section 21362.2, the benefit may
not exceed 100 percent of final compensation.
(b) This section shall become inoperative on January 1, 2008,
unless a later enacted statute deletes or extends that date.
21363. (a) The combined current and prior service pensions for
state peace officer/firefighter members subject to this section with
respect to state peace officer/firefighter service and the combined
current and prior service pensions for local safety members with
respect to local safety service rendered to a contracting agency that
is subject to this section is a pension derived from the
contributions of the employer sufficient when added to the service
retirement annuity that is derived from the accumulated normal
contributions of the state peace officer/firefighter or local safety
member at the date of his or her retirement to equal the fraction of
one-fiftieth of his or her final compensation set forth opposite his
or her age at retirement taken to the preceding completed quarter
year, in the following table, multiplied by the number of years of
state peace officer/firefighter service or local safety service
subject to this section with which he or she is credited at
retirement:
Age at
Retirement Fraction
50 ............................ 1.0000
50 1/4......................... 1.0125
50 1/2......................... 1.0250
50 3/4......................... 1.0375
51 ............................ 1.0500
51 1/4......................... 1.0625
51 1/2...