21070. (a) Effective January 1, 1985, there shall be an alternative
level of benefits available to the following state miscellaneous
members: (1) members who are excluded from the definition of state
employee in subdivision (c) of Section 3513; (2) members employed by
the executive branch of government who are not members of the civil
service; and (3) members in state bargaining units for which a
memorandum of understanding has been agreed to by the state employer
and the recognized employee organization to become subject to this
section. Effective September 1, 1986, this section shall apply to
members employed by the state as provided for in Article VI of the
California Constitution. The board shall provide the affected members
a one-month election period commencing on August 1, 1986. This
section does not apply to state miscellaneous members employed by the
California State University or the University of California. This
section shall not apply to any employee described by Section 20324
unless and until the employer, as defined in Section 20902, adopts a
resolution approving that application.
(b) Effective September 1, 1986, there shall be an alternate level
of benefits available to the following state industrial members: (1)
members in state bargaining units for which a memorandum of
understanding has been agreed to by the state employer and the
recognized employee organization to become subject to this section;
(2) members who are excluded from the definition of state employees
in subdivision (c) of Section 3513; and (3) members employed by the
executive branch of government who are not members of the civil
service. The board shall provide the affected members a one-month
election period commencing on August 1, 1986.
(c) Members eligible to participate in the alternative level of
benefits, referred to in this part as the Second Tier, may make an
irrevocable election during the period from November 1, 1988, through
October 31, 1989, to: (1) become subject to the Second Tier benefits
provided for in Section 21076 for all past state miscellaneous and
state industrial service and all future state miscellaneous and state
industrial service not excluded by this section; (2) become subject
to the Second Tier benefits provided for in Section 21077 for state
miscellaneous and state industrial service not excluded by this
section rendered on and after the effective date of the election to
be subject to the Second Tier. Any election by a member to be subject
to Section 21076 or 21077 shall also be signed by the spouse of the
member and both signatures shall be notarized; (3) become subject to
the First Tier retirement formula prescribed by Section 21353 for
state miscellaneous and state industrial service rendered on or after
the effective date of the election, provided that the member had
previously elected coverage pursuant to Section 21076 or 21077 and
makes the contributions specified in Section 20677; or (4) become
subject to the First Tier retirement formula prescribed by Section
21353 for all past and future state miscellaneous and state
industrial service, provided that the member had previously elected
coverage pursuant to Section 21076 or 21077 and the member makes the
contributions specified in Sections 20677 and 21073. The right of
eligible members to elect coverage under the retirement formula of
their choice shall apply solely during the above-prescribed one-year
period, subject to conditions to be established and communicated by
the board.
Thereafter, the board shall provide a 30-day period every five
years for eligible members to make an irrevocable election to be
subject to the Second Tier benefits provided for in Section 21076 or
21077. Eligible members who previously elected Section 21077 may make
an irrevocable election to become subject to Section 21076 for all
past state miscellaneous and state industrial service during this
election period. The first election period shall be held five years
from the ending date of the one-year election period specified in
this subdivision.
The effective date of any election filed with the board shall be
the first of the month following the date the election is received in
the system, provided the election meets the conditions set by the
board. Any election filed with the board under this subdivision shall
also be signed by the spouse of the member and both signatures shall
be notarized.
(d) Persons who become state miscellaneous or state industrial
members described in this section or who become such members under
Article 3 (commencing with Section 20320) of Chapter 3 of this part
on or after the Second Tier effective date applicable to the member,
shall be subject to Section 21077 unless an election is filed with
the board to be subject to Section 21353 and the member makes the
contributions specified in Section 20677. The appointing authority
shall provide the member with the election form and the member shall
exercise the election within one year of becoming a member. The
effective date of the election shall be the date on which the member
became a state miscellaneous or state industrial member.
(e) A state miscellaneous or state industrial member who, on or
after the effective date of an election to be subject to Section
21076 or 21077, ceases to be a member pursuant to Section 20340 or
21075 shall, upon again becoming a state miscellaneous or state
industrial member, be subject to Section 21076 or 21077 in accordance
with his or her previous irrevocable election. This subdivision does
not apply to persons who return to membership as employees of the
California State University.
Except as otherwise provided in this part, a state miscellaneous
or state industrial member subject to Section 21076 or 21077 is
subject to all other provisions applicable to state miscellaneous
members except those provisions that provide for the payment of an
annuity based on contributions. Notwithstanding any other provision
of this part, member contributions are not required for any service
credit that is subject to Section 21076.
(f) The board shall report to the Governor, the Legislature, and
the Department of Personnel Administration on the savings that are
the result of the implementation of the Second Tier retirement plan
for state miscellaneous and state industrial members. The report
shall first be submitted in April 1986, and annually in April of
every year thereafter until April 1994.
21070. (a) Effective January 1, 1985, there shall be an alternative
level of benefits available to the following state miscellaneous
members: (1) members who are excluded from the definition of state
employee in subdivision (c) of Section 3513; (2) members employed by
the executive branch of government who are not members of the civil
service; and (3) members in state bargaining units for which a
memorandum of understanding has been agreed to by the state employer
and the recognized employee organization to become subject to this
section. Effective September 1, 1986, this section shall apply to
members employed by the state as provided for in Article VI of the
California Constitution. The board shall provide the affected members
a one-month election period commencing on August 1, 1986. This
section does not apply to state miscellaneous members employed by the
California State University or the University of California. This
section shall not apply to any employee described by Section 20324
unless and until the employer, as defined in Section 20902, adopts a
resolution approving that application.
(b) Effective September 1, 1986, there shall be an alternate level
of benefits available to the following state industrial members: (1)
members in state bargaining units for which a memorandum of
understanding has been agreed to by the state employer and the
recognized employee organization to become subject to this section;
(2) members who are excluded from the definition of state employees
in subdivision (c) of Section 3513; and (3) members employed by the
executive branch of government who are not members of the civil
service. The board shall provide the affected members a one-month
election period commencing on August 1, 1986.
(c) Members eligible to participate in the alternative level of
benefits, referred to in this part as the Second Tier, may make an
irrevocable election during the period from November 1, 1988, through
October 31, 1989, to: (1) become subject to the Second Tier benefits
provided for in Section 21076 for all past state miscellaneous and
state industrial service and all future state miscellaneous and state
industrial service not excluded by this section; (2) become subject
to the Second Tier benefits provided for in Section 21077 for state
miscellaneous and state industrial service not excluded by this
section rendered on and after the effective date of the election to
be subject to the Second Tier. Any election by a member to be subject
to Section 21076 or 21077 shall also be signed by the spouse of the
member and both signatures shall be notarized; (3) become subject to
the First Tier retirement formula prescribed by Section 21353 for
state miscellaneous and state industrial service rendered on or after
the effective date of the election, provided that the member had
previously elected coverage pursuant to Section 21076 or 21077 and
makes the contributions specified in Section 20677; or (4) become
subject to the First Tier retirement formula prescribed by Section
21353 for all past and future state miscellaneous and state
industrial service, provided that the member had previously elected
coverage pursuant to Section 21076 or 21077 and the member makes the
contributions specified in Sections 20677 and 21073. The right of
eligible members to elect coverage under the retirement formula of
their choice shall apply solely during the above-prescribed one-year
period, subject to conditions to be established and communicated by
the board.
Thereafter, and until January 1, 2000, the board shall provide a
30-day period every five years for eligible members to make an
irrevocable election to be subject to the Second Tier benefits
provided for in Section 21076 or 21077. Eligible members who
previously elected Section 21077 may make an irrevocable election to
become subject to Section 21076 for all past state miscellaneous and
state industrial service during this election period. The first
election period shall be held five years from the ending date of the
one-year election period specified in this subdivision.
The effective date of any election filed with the board shall be
the first of the month following the date the election is received in
the system, provided the election meets the conditions set by the
board. Any election filed with the board under this subdivision shall
also be signed by the spouse of the member and both signatures shall
be notarized.
(d) Persons who become state miscellaneous or state industrial
members described in this section or who become such members under
Article 3 (commencing with Section 20320) of Chapter 3 of this part
on or after the Second Tier effective date applicable to the member,
shall be subject to Section 21077 unless an election is filed with
the board to be subject to Section 21353 and the member makes the
contributions specified in Section 20677. The appointing authority
shall provide the member with the election form and the member shall
exercise the election within one year of becoming a member. The
effective date of the election shall be the date on which the member
became a state miscellaneous or state industrial member.
(e) A state miscellaneous or state industrial member who, on or
after the effective date of an election to be subject to Section
21076 or 21077, ceases to be a member pursuant to Section 20340 or
21075 shall, upon again becoming a state miscellaneous or state
industrial member, be subject to Section 21076 or 21077 in accordance
with his or her previous irrevocable election. This subdivision does
not apply to persons who return to membership as employees of the
California State University.
Except as otherwise provided in this part, a state miscellaneous
or state industrial member subject to Section 21076 or 21077 is
subject to all other provisions applicable to state miscellaneous
members except those provisions that provide for the payment of an
annuity based on contributions. Notwithstanding any other provision
of this part, member contributions are not required for any service
credit that is subject to Section 21076.
(f) Notwithstanding any other provision in subdivisions (a) to
(e), inclusive, this section does not apply to a state miscellaneous
or state industrial member who, on or after January 1, 2000, (1) was
first employed by the state, (2) returned to employment with the
state from a break in service of more than 90 days, or (3) returned
to employment with the state after ceasing to be a member pursuant to
Section 20340 or 21075.
(g) 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.
21070.5. (a) Notwithstanding any other provision of this article, a
person who, on or after January 1, 2000, becomes a state
miscellaneous or state industrial member of the system because the
person (1) is first employed by the state, (2) returns to employment
with the state from a break in service of more than 90 days, or (3)
returns to employment with the state after ceasing to be a member
pursuant to Section 20340 or 21075, shall be subject to the benefits
provided by Section 21354.1, unless the person elects within 180 days
of membership as a state miscellaneous or state industrial member to
be subject to the Second Tier benefits provided for in Section
21076. This section shall only apply to state miscellaneous and state
industrial members who are (1) excluded from the definition of state
employee in subdivision (c) of Section 3513, (2) employed by the
executive branch of government and are not members of the civil
service, or (3) included in the definition of state employee in
subdivision (c) of Section 3513.
(b) The effective date of the election shall be the first day of
the month following the date the election is received by the system
and shall be applicable to state service rendered on and after that
date. Any election filed with the board pursuant to this section
shall also be signed by the spouse of the member.
(c) A member who makes an election authorized by this section
shall not be precluded from making a subsequent election pursuant to
Section 21073.7 to be subject to the benefits provided by Section
21354.1.
(d) Operation and application of this section are subject to the
limitations set forth in Section 21251.13.
(e) For a member subject to Section 20281.5, the 180-day election
period shall not commence until the first day of the first pay period
commencing 24 months after becoming a member of the system.
21070.6. (a) A member who is subject to Section 21076 or 21077 may
be credited at no cost with all previous state miscellaneous or state
industrial service eligible to be credited under Second Tier
benefits. A member who is entitled to service credit under this
section shall apply for and identify time periods for that service to
the board.
(b) Operation and application of this section are subject to the
limitations set forth in Section 21251.13.
21070.7. Notwithstanding any other provision of this part, Sections
21076 and 21077 shall not apply to service with the California
National Guard or service as a National Guard member regardless of
any prior membership status or previous election made.
21071. (a) Notwithstanding any other provision of this article,
except as provided in subdivisions (b) and (c), persons who first
become state miscellaneous or state industrial members of the system
on or after July 1, 1991, and who are: (1) excluded from the
definition of state employee in subdivision (c) of Section 3513; (2)
employed by the executive branch of government who are not members of
the civil service; or (3) included in the definition of state
employee in subdivision (c) of Section 3513 shall become subject to
Section 21076.
(b) Any person who was a member on or before June 30, 1991,
eligible to elect membership on or before June 30, 1991, or who was
employed in any position on or before June 30, 1991, that would lead
to membership as a state member, as defined in Section 20370, and who
thereafter enters employment subject to Section 21076 shall be
granted the rights provided in subdivision (c) of Section 21070,
unless the person had earlier made an irrevocable election to be
subject to Section 21076 or 21077. The one-year period in which to
make the election provided in subdivision (c) of Section 21070 for
any member who became a state member prior to January 1, 1994, shall
commence with the mailing of a notice by the system to the member, of
his or her election right. The effective date of the election shall
be the date on which the member became a state miscellaneous or state
industrial member. The member shall be obligated to make the
contributions specified in Section 20677.
(c) Effective on or after April 1, 1998, state miscellaneous or
industrial members may elect to be subject to the service retirement
formula prescribed in Section 21353.5, as an alternative to Second
Tier membership under Section 21076. The election shall be provided
to eligible members by the appointing authority, and, to be
effective, an election must be filed with the board. Eligible members
who must be in the employment of the state are defined as members in
state bargaining units for which a memorandum of understanding has
been agreed to by the state employer and the recognized employee
organization to become subject to Section 21353.5. The effective date
of a member's election shall be the first day of the month following
the date the election is filed with the system.
(d) This section shall not apply to state miscellaneous members
employed by the California State University or employees described in
Section 20324.
21071. (a) Notwithstanding any other provision of this article,
except as provided in subdivisions (b) and (c), persons who first
become state miscellaneous or state industrial members of the system
on or after July 1, 1991, and who are (1) excluded from the
definition of state employee in subdivision (c) of Section 3513, (2)
employed by the executive branch of government and are not members of
the civil service, or (3) included in the definition of state
employee in subdivision (c) of Section 3513 shall become subject to
Section 21076.
(b) Any person who was a member on or before June 30, 1991,
eligible to elect membership on or before June 30, 1991, or who was
employed in any position on or before June 30, 1991, that would lead
to membership as a state member, as defined in Section 20370, and who
thereafter enters employment subject to Section 21076 shall be
granted the rights provided in subdivision (c) of Section 21070,
unless the person had earlier made an irrevocable election to be
subject to Section 21076 or 21077. The one-year period in which to
make the election provided in subdivision (c) of Section 21070 for
any member who became a state member prior to January 1, 1994, shall
commence with the mailing of a notice by the system to the member of
his or her election right. The effective date of the election shall
be the date on which the member became a state miscellaneous or state
industrial member. The member shall be obligated to make the
contributions specified in Section 20677.
(c) Effective on or after April 1, 1998, state miscellaneous or
industrial members may elect to be subject to the service retirement
formula prescribed in Section 21353.5, as an alternative to Second
Tier membership under Section 21076. The election shall be provided
to eligible members by the appointing authority, and, to be
effective, an election must be filed with the board. Eligible members
who must be in the employment of the state are defined as members in
state bargaining units for which a memorandum of understanding has
been agreed to by the state employer and the recognized employee
organization to become subject to Section 21353.5. The effective date
of a member's election shall be the first day of the month following
the date the election is filed with the system.
(d) This section shall not apply to state miscellaneous members
employed by the California State University or employees described in
Section 20324.
(e) This section shall become inoperative on January 1, 2000.
(f) 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.
21072. (a) A member who elects to be subject to Section 21076 shall
be credited at no cost with all creditable previous state
miscellaneous or state industrial service after the member is
credited with one year of service under Section 21076. A member who
was subject to Section 21076, who terminates membership, and who
subsequently returns to state service shall be granted, at no cost,
all of the service credit earned as a result of the election, after
the member is credited with one year of service following return to
state service. The one-year requirement shall be waived for a member
who meets the service credit requirements for disability retirement
specified in Section 21150 with the past creditable service.
(b) A member who elects to be subject to Section 21077, who
terminates membership and who subsequently returns to service shall
be credited, at no cost, with the service earned as a result of the
election, after the member is credited with one year of service
following return to state service. The one-year requirement shall be
waived for a member who meets the service credit requirements for
disability retirement specified in Section 21150 with the past
creditable service.
(c) A member who is entitled to service credit under this section
shall apply for and identify time periods for that service to the
board.
21072. (a) A member who elects to be subject to Section 21076 shall
be credited at no cost with all creditable previous state
miscellaneous or state industrial service after the member is
credited with one year of service under Section 21076. A member who
was subject to Section 21076, who terminates membership, and who
subsequently returns to state service shall be granted, at no cost,
all of the service credit earned as a result of the election, after
the member is credited with one year of service following return to
state service. The one-year requirement shall be waived for a member
who meets the service credit requirements for disability retirement
specified in Section 21150 with the past creditable service.
(b) A member who elects to be subject to Section 21077, who
terminates membership and who subsequently returns to service shall
be credited, at no cost, with the service earned as a result of the
election, after the member is credited with one year of service
following return to state service. The one-year requirement shall be
waived for a member who meets the service credit requirements for
disability retirement specified in Section 21150 with the past
creditable service.
(c) A member who is entitled to service credit under this section
shall apply for and identify time periods for that service to the
board.
(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.
21073. (a) A member who elects to receive service credit under
Section 21353, as authorized by subdivision (c) of Section 21070, for
time during which he or she was subject to Section 21077, shall
contribute in a lump sum or by installments, over that period and
subject to minimum payments as may be prescribed by regulations of
the board, an amount equal to the contributions he or she would have
made had he or she not been subject to Section 21077, plus an amount
equal to the interest, to the date of completion of payments, that
would have been credited to those contributions.
(b) A member who elects to receive service credit under Section
21353, as authorized by subdivision (c) of Section 21070, for time
during which he or she received service credit under Section 21076,
shall deposit in the retirement fund, subject to the regulations of
the board, an amount equal to (1) any accumulated contributions that
he or she withdrew pursuant to Section 20737, plus an amount equal to
the interest, to the date of completion of payments, that would have
been credited to those contributions, and (2) an amount equal to the
contributions he or she would have made had he or she not been
subject to Section 21076, plus an amount equal to the interest, to
the date of completion of payments, that would have been credited to
those contributions.
Upon electing to be subject to Section 21353, a member shall
return to coverage under that formula without credit for any previous
creditable state miscellaneous or industrial service credited at no
cost pursuant to Section 21072, unless the member elects to redeposit
or to purchase the service as otherwise required in this part, or
the member has elected to be subject to Section 21353 solely for
service rendered on or after the effective date of the election, as
permitted during the one-year period specified in subdivision (c) of
Section 21070.
21073. (a) A member who elects prior to January 1, 2000, to receive
service credit under Section 21353, as authorized by subdivision (c)
of Section 21070, for time during which he or she was subject to
Section 21077, shall contribute in a lump sum or by installments,
over that period and subject to minimum payments as may be prescribed
by regulations of the board, an amount equal to the contributions he
or she would have made had he or she not been subject to Section
21077, plus an amount equal to the interest, to the date of
completion of payments, that would have been credited to those
contributions.
(b) A member who elects prior to January 1, 2000, to receive
service credit under Section 21353, as authorized by subdivision (c)
of Section 21070, for time during which he or she received service
credit under Section 21076, shall deposit in the retirement fund,
subject to the regulations of the board, an amount equal to (1) any
accumulated contributions that he or she withdrew pursuant to Section
20737, plus an amount equal to the interest, to the date of
completion of payments, that would have been credited to those
contributions, and (2) an amount equal to the contributions he or she
would have made had he or she not been subject to Section 21076,
plus an amount equal to the interest, to the date of completion of
payments, that would have been credited to those contributions.
Upon electing, prior to January 1, 2000, to be subject to Section
21353, a member shall return to coverage under that formula without
credit for any previous creditable state miscellaneous or industrial
service credited at no cost pursuant to Section 21072, unless the
member elects to redeposit or to purchase the service as otherwise
required in this part, or the member has elected to be subject to
Section 21353 solely for service rendered on or after the effective
date of the election, as permitted during the one-year period
specified in subdivision (c) of Section 21070.
(c) 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.
21073.1. (a) Effective January 1, 2000, a member who elects to
receive service credit under Section 21354.1, as authorized by
Section 21073.7, for time during which the member received service
credit subject to Section 21076 or 21077, shall deposit an amount
equal to any accumulated contributions the member withdrew pursuant
to Section 20737, plus the interest that would have been credited to
the member's account had the contributions not been withdrawn, and
any contributions the member would have made, plus an amount equal to
the interest that would have been credited to those contributions,
had the member not been subject to Section 21076 or 21077. This
deposit shall be made in a lump sum or by installments, with interest
through the completion of payments, over that period and subject to
minimum payment amounts as may be prescribed by regulations of the
board. Alternatively, this deposit requirement may be satisfied by an
actuarial equivalent reduction in the member's retirement allowance.
(b) The board, in addition to its general rulemaking authority
under Section 20121, may adopt regulations that implement this
section. Those regulations shall be exempt from review by the Office
of Administrative Law. However, the board shall transmit those
regulations to the Office of Administrative Law for filing with the
Secretary of State and publication in the California Code of
Regulations.
(c) 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.
21073.5. A state Second Tier member, who meets the eligibility
definition prescribed in subdivision (c) of Section 21071 may elect
to be subject to Section 21353.5 at any time while he or she is in
the employment of the state. Upon becoming subject to Section
21353.5, the active member may elect to have his or her past Second
Tier service credited under Section 21353.5. A member who elects to
receive credit for past service shall pay all reasonable
administrative costs and the amount that will be equivalent to the
difference between the actuarial present value of the Second Tier
service that had accrued to the member's credit and the actuarial
present value for the same service had it been credited under Section
21353.5, including interest if deemed necessary, in accordance with
the method to be established by the board. The amount shall be
contributed in a lump sum or by installments over a period and
subject to minimum payments as may be prescribed by regulations of
the board. Payments for administrative costs shall be credited to the
current appropriation for support of the board and available for
expenditures by the board to fund positions deemed necessary by the
board to implement this section.
21073.5. A state Second Tier member, who meets the eligibility
definition prescribed in subdivision (c) of Section 21071 may elect
to be subject to Section 21353.5 at any time while he or she is in
the employment of the state. Upon becoming subject to Section
21353.5, the active member may elect to have his or her past Second
Tier service credited under Section 21353.5. A member who elects to
receive credit for past service shall pay all reasonable
administrative costs and the amount that will be equivalent to the
difference between the actuarial present value of the Second Tier
service that had accrued to the member's credit and the actuarial
present value for the same service had it been credited under Section
21353.5, including interest if deemed necessary, in accordance with
the method to be established by the board. The amount shall be
contributed in a lump sum or by installments over a period and
subject to minimum payments as may be prescribed by regulations of
the board. Payments for administrative costs shall be credited to the
current appropriation for support of the board and available for
expenditures by the board to fund positions deemed necessary by the
board to implement this section.
21073.5. A state Second Tier member, who meets the eligibility
definition prescribed in subdivision (c) of Section 21071 may elect
to be subject to Section 21353.5 while he or she is in the employment
of the state. Upon becoming subject to Section 21353.5, the active
member may elect, prior to January 1, 2000, to have his or her past
Second Tier service credited under Section 21353.5. A member who
elects to receive credit for past service shall pay all reasonable
administrative costs and the amount that will be equivalent to the
difference between the actuarial present value of the Second Tier
service that had accrued to the member's credit and the actuarial
present value for the same service had it been credited under Section
21353.5, including interest if deemed necessary, in accordance with
the method to be established by the board. The amount shall be
contributed in a lump sum or by installments over a period and
subject to minimum payments as may be prescribed by regulations of
the board. Payments for administrative costs shall be credited to the
current appropriation for support of the board and available for
expenditures by the board to fund positions deemed necessary by the
board to implement this section.
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.
21073.6. (a) The election provided to eligible members pursuant to
subdivision (c) of Section 21071, to be subject to the service
retirement formula prescribed in Section 21353.5, shall be subject to
conditions to be established and communicated by the board.
(b) The election provided to eligible members pursuant to Section
21073.5, to have the member's past Second Tier service credited under
Section 21353.5, shall first be available no earlier than January 1,
1999, subject to the election procedures to be established and
communicated by the board.
(1) Notwithstanding Section 21073.5 which limits to active members
the election provided pursuant to Section 21353.5, this election
shall also be provided to a member who retired between the date he or
she became eligible under subdivision (c) of Section 21071 and the
date the election was actually made available by the board.
(2) Notwithstanding Section 21073.5 which limits to active members
the election provided pursuant to Section 21353.5, this election
shall also be provided to the beneficiary eligible for a continuing
allowance upon the death of a member, provided the member had been
determined to be eligible under subdivision (c) of Section 21071 but
had died before making the election that would have been provided by
the board.
(3) The election provided under paragraph (1) or (2) shall be made
within 60 days of the mailing date on the election notice sent by
the board to the retired member or the member's beneficiary.
21073.6. (a) The election provided to eligible members pursuant to
subdivision (c) of Section 21071, to be subject to the service
retirement formula prescribed in Section 21353.5, shall be subject to
conditions to be established and communicated by the board.
(b) The election provided to eligible members pursuant to Section
21073.5, to have the member's past Second Tier service credited under
Section 21353.5, shall first be available no earlier than January 1,
1999, subject to the election procedures to be established and
communicated by the board.
(1) Notwithstanding Section 21073.5 which limits to active members
the election provided pursuant to Section 21353.5, this election
shall also be provided to a member who retired between the date he or
she became eligible under subdivision (c) of Section 21071 and the
date the election was actually made available by the board.
(2) Notwithstanding Section 21073.5 which limits to active members
the election provided pursuant to Section 21353.5, this election
shall also be provided to the beneficiary eligible for a continuing
allowance upon the death of a member, provided the member had been
determined to be eligible under subdivision (c) of Section 21071 but
had died before making the election that would have been provided by
the board.
(3) The election provided under paragraph (1) or (2) shall be made
within 60 days of the mailing date on the election notice sent by
the board to the retired member or the member's beneficiary.
21073.7. (a) A member subject to the Second Tier benefits provided
in Section 21076 or 21077 who is employed by the state on or after
January 1, 2000, may make an irrevocable election, to be filed with
the board, to be subject to the First Tier benefits provided in
Section 21354.1 and to make the contributions specified in Section
20677. An election to be subject to Section 21354.1 may be made at
any time prior to retirement and shall be signed by the member's
spouse. An election shall be effective the first day of the month
following the date the election is received by the system and shall
be applicable to state service rendered on and after that date.
However an election made by a member who retires prior to or on the
first day of the month following the system's receipt of the election
shall be effective one day prior to the effective date of the member'
s retirement.
(b) A member who is employed by the state on or after January 1,
2000, with past service credited under the Second Tier may make an
irrevocable election, at any time prior to retirement, to have his or
her past Second Tier service credited under Section 21354.1 by
making contributions specified in Section 21073.1. This subdivision
shall not apply to a Second Tier member eligible to make the election
provided in subdivision (a) until after the effective date of that
election.
(c) A member subject to modified First Tier benefits pursuant to
Section 21353.5 shall become subject to Section 21353 or 21354.1, as
applicable, and make contributions as specified in Section 20677. The
member's past service and contributions credited as modified First
Tier under Section 21353.5 shall be converted to First Tier service
and contributions and shall be subject to Section 21353 or 21354.1,
as applicable. Contributions previously credited as modified First
Tier and withdrawn by the member may be redeposited under the
conditions specified in Section 20750, with the service credit and
contributions subject to Section 21353 or 21354.1, as applicable.
(d) Operation and application of this section is subject to the
limitations set forth in Section 21251.13.
21074. (a) A state member who became subject to the Second Tier
shall be retired for service upon his or her written application to
the board if he or she has attained age 55 and is credited with 10
years of state service.
(b) A state member who elected coverage under Section 21077, shall
be retired for service upon his or her written application to the
board if he or she has attained age 50 and is credited with five
years of state service. No benefit shall be payable for service
rendered under the Second Tier retirement formula unless the member
has rendered 10 years of state service except as provided in
subdivision (c).
(c) Notwithstanding subdivision (a) or (b), a state member in the
Second Tier who is credited with five years of state service prior to
January 1, 1985, may retire with less than 10 years of state service
upon his or her written application to the board if he or she has
attained age 50.
21075. Notwithstanding Section 20340, a person who is subject to
Section 21076 or Section 21077 ceases to be a member if he or she has
less than 10 years of service credit at the time of termination of
service, except a member who had five years of credited service prior
to January 1, 1985.
21076. (a) The service retirement allowance for a state
miscellaneous or state industrial member who has elected the benefits
of this section is a pension equal to the fraction of one-hundredth
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 member's number of years of
state miscellaneous service:
Age at
Retirement Fraction
50 .5000
50 1/4 .5125
50 1/2 .5250
50 3/4 .5375
51 .5500
51 1/4 .5625
51 1/2 .5750
51 3/4 .5875
52 .6000
52 1/4 .6125
52 1/2 .6250
52 3/4 .6375
53 .6500
53 1/4 .6625
53 1/2 .6750
53 3/4 .6875
54 .7000
54 1/4 .7125
54 1/2 .7250
54 3/4 .7375
55 .7500
55 1/4 .7625
55 1/2 .7750
55 3/4 .7875
56 .8000
56 1/4 .8125
56 1/2 .8250
56 3/4 .8375
57 .8500
57 1/4 .8625
57 1/2 .8750
57 3/4 .8875
58 .9000
58 1/4 .9125
58 1/2 .9250
58 3/4 .9375
59 .9500
59 1/4 .9625
59 1/2 .9750
59 3/4 .9875
60 1.0000
60 1/4 1.0125
60 1/2 1.0250
60 3/4 1.0375
61 1.0500
61 1/4 1.0625
61 1/2 1.0750
61 3/4 1.0875
62 1.1000
62 1/4 1.1125
62 1/2 1.1250
62 3/4 1.1375
63 1.1500
63 1/4 1.1625
63 1/2 1.1750
63 3/4 1.1875
64 1.2000
64 1/4 1.2125
64 1/2 1.2250
64 3/4 1.2375
65 1.2500
(b) This section shall not apply to a National Guard member.
21077. (a) The service retirement allowance for a state
miscellaneous or state industrial member who elects to be subject to
this section shall be: the sum of the allowance for service rendered
under the Second Tier retirement formula, computed pursuant to
Section 21076, added to the allowance for service rendered as a state
miscellaneous or state industrial member covered under the First
Tier formula, computed pursuant to Section 21353 or 21354.1, as
applicable.
(b) This section shall not apply to a National Guard member.
21070. (a) Effective January 1, 1985, there shall be an alternative
level of benefits available to the following state miscellaneous
members: (1) members who are excluded from the definition of state
employee in subdivision (c) of Section 3513; (2) members employed by
the executive branch of government who are not members of the civil
service; and (3) members in state bargaining units for which a
memorandum of understanding has been agreed to by the state employer
and the recognized employee organization to become subject to this
section. Effective September 1, 1986, this section shall apply to
members employed by the state as provided for in Article VI of the
California Constitution. The board shall provide the affected members
a one-month election period commencing on August 1, 1986. This
section does not apply to state miscellaneous members employed by the
California State University or the University of California. This
section shall not apply to any employee described by Section 20324
unless and until the employer, as defined in Section 20902, adopts a
resolution approving that application.
(b) Effective September 1, 1986, there shall be an alternate level
of benefits available to the following state industrial members: (1)
members in state bargaining units for which a memorandum of
understanding has been agreed to by the state employer and the
recognized employee organization to become subject to this section;
(2) members who are excluded from the definition of state employees
in subdivision (c) of Section 3513; and (3) members employed by the
executive branch of government who are not members of the civil
service. The board shall provide the affected members a one-month
election period commencing on August 1, 1986.
(c) Members eligible to participate in the alternative level of
benefits, referred to in this part as the Second Tier, may make an
irrevocable election during the period from November 1, 1988, through
October 31, 1989, to: (1) become subject to the Second Tier benefits
provided for in Section 21076 for all past state miscellaneous and
state industrial service and all future state miscellaneous and state
industrial service not excluded by this section; (2) become subject
to the Second Tier benefits provided for in Section 21077 for state
miscellaneous and state industrial service not excluded by this
section rendered on and after the effective date of the election to
be subject to the Second Tier. Any election by a member to be subject
to Section 21076 or 21077 shall also be signed by the spouse of the
member and both signatures shall be notarized; (3) become subject to
the First Tier retirement formula prescribed by Section 21353 for
state miscellaneous and state industrial service rendered on or after
the effective date of the election, provided that the member had
previously elected coverage pursuant to Section 21076 or 21077 and
makes the contributions specified in Section 20677; or (4) become
subject to the First Tier retirement formula prescribed by Section
21353 for all past and future state miscellaneous and state
industrial service, provided that the member had previously elected
coverage pursuant to Section 21076 or 21077 and the member makes the
contributions specified in Sections 20677 and 21073. The right of
eligible members to elect coverage under the retirement formula of
their choice shall apply solely during the above-prescribed one-year
period, subject to conditions to be established and communicated by
the board.
Thereafter, the board shall provide a 30-day period every five
years for eligible members to make an irrevocable election to be
subject to the Second Tier benefits provided for in Section 21076 or
21077. Eligible members who previously elected Section 21077 may make
an irrevocable election to become subject to Section 21076 for all
past state miscellaneous and state industrial service during this
election period. The first election period shall be held five years
from the ending date of the one-year election period specified in
this subdivision.
The effective date of any election filed with the board shall be
the first of the month following the date the election is received in
the system, provided the election meets the conditions set by the
board. Any election filed with the board under this subdivision shall
also be signed by the spouse of the member and both signatures shall
be notarized.
(d) Persons who become state miscellaneous or state industrial
members described in this section or who become such members under
Article 3 (commencing with Section 20320) of Chapter 3 of this part
on or after the Second Tier effective date applicable to the member,
shall be subject to Section 21077 unless an election is filed with
the board to be subject to Section 21353 and the member makes the
contributions specified in Section 20677. The appointing authority
shall provide the member with the election form and the member shall
exercise the election within one year of becoming a member. The
effective date of the election shall be the date on which the member
became a state miscellaneous or state industrial member.
(e) A state miscellaneous or state industrial member who, on or
after the effective date of an election to be subject to Section
21076 or 21077, ceases to be a member pursuant to Section 20340 or
21075 shall, upon again becoming a state miscellaneous or state
industrial member, be subject to Section 21076 or 21077 in accordance
with his or her previous irrevocable election. This subdivision does
not apply to persons who return to membership as employees of the
California State University.
Except as otherwise provided in this part, a state miscellaneous
or state industrial member subject to Section 21076 or 21077 is
subject to all other provisions applicable to state miscellaneous
members except those provisions that provide for the payment of an
annuity based on contributions. Notwithstanding any other provision
of this part, member contributions are not required for any service
credit that is subject to Section 21076.
(f) The board shall report to the Governor, the Legislature, and
the Department of Personnel Administration on the savings that are
the result of the implementation of the Second Tier retirement plan
for state miscellaneous and state industrial members. The report
shall first be submitted in April 1986, and annually in April of
every year thereafter until April 1994.
21070. (a) Effective January 1, 1985, there shall be an alternative
level of benefits available to the following state miscellaneous
members: (1) members who are excluded from the definition of state
employee in subdivision (c) of Section 3513; (2) members employed by
the executive branch of government who are not members of the civil
service; and (3) members in state bargaining units for which a
memorandum of understanding has been agreed to by the state employer
and the recognized employee organization to become subject to this
section. Effective September 1, 1986, this section shall apply to
members employed by the state as provided for in Article VI of the
California Constitution. The board shall provide the affected members
a one-month election period commencing on August 1, 1986. This
section does not apply to state miscellaneous members employed by the
California State University or the University of California. This
section shall not apply to any employee described by Section 20324
unless and until the employer, as defined in Section 20902, adopts a
resolution approving that application.
(b) Effective September 1, 1986, there shall be an alternate level
of benefits available to the following state industrial members: (1)
members in state bargaining units for which a memorandum of
understanding has been agreed to by the state employer and the
recognized employee organization to become subject to this section;
(2) members who are excluded from the definition of state employees
in subdivision (c) of Section 3513; and (3) members employed by the
executive branch of government who are not members of the civil
service. The board shall provide the affected members a one-month
election period commencing on August 1, 1986.
(c) Members eligible to participate in the alternative level of
benefits, referred to in this part as the Second Tier, may make an
irrevocable election during the period from November 1, 1988, through
October 31, 1989, to: (1) become subject to the Second Tier benefits
provided for in Section 21076 for all past state miscellaneous and
state industrial service and all future state miscellaneous and state
industrial service not excluded by this section; (2) become subject
to the Second Tier benefits provided for in Section 21077 for state
miscellaneous and state industrial service not excluded by this
section rendered on and after the effective date of the election to
be subject to the Second Tier. Any election by a member to be subject
to Section 21076 or 21077 shall also be signed by the spouse of the
member and both signatures shall be notarized; (3) become subject to
the First Tier retirement formula prescribed by Section 21353 for
state miscellaneous and state industrial service rendered on or after
the effective date of the election, provided that the member had
previously elected coverage pursuant to Section 21076 or 21077 and
makes the contributions specified in Section 20677; or (4) become
subject to the First Tier retirement formula prescribed by Section
21353 for all past and future state miscellaneous and state
industrial service, provided that the member had previously elected
coverage pursuant to Section 21076 or 21077 and the member makes the
contributions specified in Sections 20677 and 21073. The right of
eligible members to elect coverage under the retirement formula of
their choice shall apply solely during the above-prescribed one-year
period, subject to conditions to be established and communicated by
the board.
Thereafter, and until January 1, 2000, the board shall provide a
30-day period every five years for eligible members to make an
irrevocable election to be subject to the Second Tier benefits
provided for in Section 21076 or 21077. Eligible members who
previously elected Section 21077 may make an irrevocable election to
become subject to Section 21076 for all past state miscellaneous and
state industrial service during this election period. The first
election period shall be held five years from the ending date of the
one-year election period specified in this subdivision.
The effective date of any election filed with the board shall be
the first of the month following the date the election is received in
the system, provided the election meets the conditions set by the
board. Any election filed with the board under this subdivision shall
also be signed by the spouse of the member and both signatures shall
be notarized.
(d) Persons who become state miscellaneous or state industrial
members described in this section or who become such members under
Article 3 (commencing with Section 20320) of Chapter 3 of this part
on or after the Second Tier effective date applicable to the member,
shall be subject to Section 21077 unless an election is filed with
the board to be subject to Section 21353 and the member makes the
contributions specified in Section 20677. The appointing authority
shall provide the member with the election form and the member shall
exercise the election within one year of becoming a member. The
effective date of the election shall be the date on which the member
became a state miscellaneous or state industrial member.
(e) A state miscellaneous or state industrial member who, on or
after the effective date of an election to be subject to Section
21076 or 21077, ceases to be a member pursuant to Section 20340 or
21075 shall, upon again becoming a state miscellaneous or state
industrial member, be subject to Section 21076 or 21077 in accordance
with his or her previous irrevocable election. This subdivision does
not apply to persons who return to membership as employees of the
California State University.
Except as otherwise provided in this part, a state miscellaneous
or state industrial member subject to Section 21076 or 21077 is
subject to all other provisions applicable to state miscellaneous
members except those provisions that provide for the payment of an
annuity based on contributions. Notwithstanding any other provision
of this part, member contributions are not required for any service
credit that is subject to Section 21076.
(f) Notwithstanding any other provision in subdivisions (a) to
(e), inclusive, this section does not apply to a state miscellaneous
or state industrial member who, on or after January 1, 2000, (1) was
first employed by the state, (2) returned to employment with the
state from a break in service of more than 90 days, or (3) returned
to employment with the state after ceasing to be a member pursuant to
Section 20340 or 21075.
(g) 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.
21070.5. (a) Notwithstanding any other provision of this article, a
person who, on or after January 1, 2000, becomes a state
miscellaneous or state industrial member of the system because the
person (1) is first employed by the state, (2) returns to employment
with the state from a break in service of more than 90 days, or (3)
returns to employment with the state after ceasing to be a member
pursuant to Section 20340 or 21075, shall be subject to the benefits
provided by Section 21354.1, unless the person elects within 180 days
of membership as a state miscellaneous or state industrial member to
be subject to the Second Tier benefits provided for in Section
21076. This section shall only apply to state miscellaneous and state
industrial members who are (1) excluded from the definition of state
employee in subdivision (c) of Section 3513, (2) employed by the
executive branch of government and are not members of the civil
service, or (3) included in the definition of state employee in
subdivision (c) of Section 3513.
(b) The effective date of the election shall be the first day of
the month following the date the election is received by the system
and shall be applicable to state service rendered on and after that
date. Any election filed with the board pursuant to this section
shall also be signed by the spouse of the member.
(c) A member who makes an election authorized by this section
shall not be precluded from making a subsequent election pursuant to
Section 21073.7 to be subject to the benefits provided by Section
21354.1.
(d) Operation and application of this section are subject to the
limitations set forth in Section 21251.13.
(e) For a member subject to Section 20281.5, the 180-day election
period shall not commence until the first day of the first pay period
commencing 24 months after becoming a member of the system.
21070.6. (a) A member who is subject to Section 21076 or 21077 may
be credited at no cost with all previous state miscellaneous or state
industrial service eligible to be credited under Second Tier
benefits. A member who is entitled to service credit under this
section shall apply for and identify time periods for that service to
the board.
(b) Operation and application of this section are subject to the
limitations set forth in Section 21251.13.
21070.7. Notwithstanding any other provision of this part, Sections
21076 and 21077 shall not apply to service with the California
National Guard or service as a National Guard member regardless of
any prior membership status or previous election made.
21071. (a) Notwithstanding any other provision of this article,
except as provided in subdivisions (b) and (c), persons who first
become state miscellaneous or state industrial members of the system
on or after July 1, 1991, and who are: (1) excluded from the
definition of state employee in subdivision (c) of Section 3513; (2)
employed by the executive branch of government who are not members of
the civil service; or (3) included in the definition of state
employee in subdivision (c) of Section 3513 shall become subject to
Section 21076.
(b) Any person who was a member on or before June 30, 1991,
eligible to elect membership on or before June 30, 1991, or who was
employed in any position on or before June 30, 1991, that would lead
to membership as a state member, as defined in Section 20370, and who
thereafter enters employment subject to Section 21076 shall be
granted the rights provided in subdivision (c) of Section 21070,
unless the person had earlier made an irrevocable election to be
subject to Section 21076 or 21077. The one-year period in which to
make the election provided in subdivision (c) of Section 21070 for
any member who became a state member prior to January 1, 1994, shall
commence with the mailing of a notice by the system to the member, of
his or her election right. The effective date of the election shall
be the date on which the member became a state miscellaneous or state
industrial member. The member shall be obligated to make the
contributions specified in Section 20677.
(c) Effective on or after April 1, 1998, state miscellaneous or
industrial members may elect to be subject to the service retirement
formula prescribed in Section 21353.5, as an alternative to Second
Tier membership under Section 21076. The election shall be provided
to eligible members by the appointing authority, and, to be
effective, an election must be filed with the board. Eligible members
who must be in the employment of the state are defined as members in
state bargaining units for which a memorandum of understanding has
been agreed to by the state employer and the recognized employee
organization to become subject to Section 21353.5. The effective date
of a member's election shall be the first day of the month following
the date the election is filed with the system.
(d) This section shall not apply to state miscellaneous members
employed by the California State University or employees described in
Section 20324.
21071. (a) Notwithstanding any other provision of this article,
except as provided in subdivisions (b) and (c), persons who first
become state miscellaneous or state industrial members of the system
on or after July 1, 1991, and who are (1) excluded from the
definition of state employee in subdivision (c) of Section 3513, (2)
employed by the executive branch of government and are not members of
the civil service, or (3) included in the definition of state
employee in subdivision (c) of Section 3513 shall become subject to
Section 21076.
(b) Any person who was a member on or before June 30, 1991,
eligible to elect membership on or before June 30, 1991, or who was
employed in any position on or before June 30, 1991, that would lead
to membership as a state member, as defined in Section 20370, and who
thereafter enters employment subject to Section 21076 shall be
granted the rights provided in subdivision (c) of Section 21070,
unless the person had earlier made an irrevocable election to be
subject to Section 21076 or 21077. The one-year period in which to
make the election provided in subdivision (c) of Section 21070 for
any member who became a state member prior to January 1, 1994, shall
commence with the mailing of a notice by the system to the member of
his or her election right. The effective date of the election shall
be the date on which the member became a state miscellaneous or state
industrial member. The member shall be obligated to make the
contributions specified in Section 20677.
(c) Effective on or after April 1, 1998, state miscellaneous or
industrial members may elect to be subject to the service retirement
formula prescribed in Section 21353.5, as an alternative to Second
Tier membership under Section 21076. The election shall be provided
to eligible members by the appointing authority, and, to be
effective, an election must be filed with the board. Eligible members
who must be in the employment of the state are defined as members in
state bargaining units for which a memorandum of understanding has
been agreed to by the state employer and the recognized employee
organization to become subject to Section 21353.5. The effective date
of a member's election shall be the first day of the month following
the date the election is filed with the system.
(d) This section shall not apply to state miscellaneous members
employed by the California State University or employees described in
Section 20324.
(e) This section shall become inoperative on January 1, 2000.
(f) 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.
21072. (a) A member who elects to be subject to Section 21076 shall
be credited at no cost with all creditable previous state
miscellaneous or state industrial service after the member is
credited with one year of service under Section 21076. A member who
was subject to Section 21076, who terminates membership, and who
subsequently returns to state service shall be granted, at no cost,
all of the service credit earned as a result of the election, after
the member is credited with one year of service following return to
state service. The one-year requirement shall be waived for a member
who meets the service credit requirements for disability retirement
specified in Section 21150 with the past creditable service.
(b) A member who elects to be subject to Section 21077, who
terminates membership and who subsequently returns to service shall
be credited, at no cost, with the service earned as a result of the
election, after the member is credited with one year of service
following return to state service. The one-year requirement shall be
waived for a member who meets the service credit requirements for
disability retirement specified in Section 21150 with the past
creditable service.
(c) A member who is entitled to service credit under this section
shall apply for and identify time periods for that service to the
board.
21072. (a) A member who elects to be subject to Section 21076 shall
be credited at no cost with all creditable previous state
miscellaneous or state industrial service after the member is
credited with one year of service under Section 21076. A member who
was subject to Section 21076, who terminates membership, and who
subsequently returns to state service shall be granted, at no cost,
all of the service credit earned as a result of the election, after
the member is credited with one year of service following return to
state service. The one-year requirement shall be waived for a member
who meets the service credit requirements for disability retirement
specified in Section 21150 with the past creditable service.
(b) A member who elects to be subject to Section 21077, who
terminates membership and who subsequently returns to service shall
be credited, at no cost, with the service earned as a result of the
election, after the member is credited with one year of service
following return to state service. The one-year requirement shall be
waived for a member who meets the service credit requirements for
disability retirement specified in Section 21150 with the past
creditable service.
(c) A member who is entitled to service credit under this section
shall apply for and identify time periods for that service to the
board.
(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.
21073. (a) A member who elects to receive service credit under
Section 21353, as authorized by subdivision (c) of Section 21070, for
time during which he or she was subject to Section 21077, shall
contribute in a lump sum or by installments, over that period and
subject to minimum payments as may be prescribed by regulations of
the board, an amount equal to the contributions he or she would have
made had he or she not been subject to Section 21077, plus an amount
equal to the interest, to the date of completion of payments, that
would have been credited to those contributions.
(b) A member who elects to receive service credit under Section
21353, as authorized by subdivision (c) of Section 21070, for time
during which he or she received service credit under Section 21076,
shall deposit in the retirement fund, subject to the regulations of
the board, an amount equal to (1) any accumulated contributions that
he or she withdrew pursuant to Section 20737, plus an amount equal to
the interest, to the date of completion of payments, that would have
been credited to those contributions, and (2) an amount equal to the
contributions he or she would have made had he or she not been
subject to Section 21076, plus an amount equal to the interest, to
the date of completion of payments, that would have been credited to
those contributions.
Upon electing to be subject to Section 21353, a member shall
return to coverage under that formula without credit for any previous
creditable state miscellaneous or industrial service credited at no
cost pursuant to Section 21072, unless the member elects to redeposit
or to purchase the service as otherwise required in this part, or
the member has elected to be subject to Section 21353 solely for
service rendered on or after the effective date of the election, as
permitted during the one-year period specified in subdivision (c) of
Section 21070.
21073. (a) A member who elects prior to January 1, 2000, to receive
service credit under Section 21353, as authorized by subdivision (c)
of Section 21070, for time during which he or she was subject to
Section 21077, shall contribute in a lump sum or by installments,
over that period and subject to minimum payments as may be prescribed
by regulations of the board, an amount equal to the contributions he
or she would have made had he or she not been subject to Section
21077, plus an amount equal to the interest, to the date of
completion of payments, that would have been credited to those
contributions.
(b) A member who elects prior to January 1, 2000, to receive
service credit under Section 21353, as authorized by subdivision (c)
of Section 21070, for time during which he or she received service
credit under Section 21076, shall deposit in the retirement fund,
subject to the regulations of the board, an amount equal to (1) any
accumulated contributions that he or she withdrew pursuant to Section
20737, plus an amount equal to the interest, to the date of
completion of payments, that would have been credited to those
contributions, and (2) an amount equal to the contributions he or she
would have made had he or she not been subject to Section 21076,
plus an amount equal to the interest, to the date of completion of
payments, that would have been credited to those contributions.
Upon electing, prior to January 1, 2000, to be subject to Section
21353, a member shall return to coverage under that formula without
credit for any previous creditable state miscellaneous or industrial
service credited at no cost pursuant to Section 21072, unless the
member elects to redeposit or to purchase the service as otherwise
required in this part, or the member has elected to be subject to
Section 21353 solely for service rendered on or after the effective
date of the election, as permitted during the one-year period
specified in subdivision (c) of Section 21070.
(c) 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.
21073.1. (a) Effective January 1, 2000, a member who elects to
receive service credit under Section 21354.1, as authorized by
Section 21073.7, for time during which the member received service
credit subject to Section 21076 or 21077, shall deposit an amount
equal to any accumulated contributions the member withdrew pursuant
to Section 20737, plus the interest that would have been credited to
the member's account had the contributions not been withdrawn, and
any contributions the member would have made, plus an amount equal to
the interest that would have been credited to those contributions,
had the member not been subject to Section 21076 or 21077. This
deposit shall be made in a lump sum or by installments, with interest
through the completion of payments, over that period and subject to
minimum payment amounts as may be prescribed by regulations of the
board. Alternatively, this deposit requirement may be satisfied by an
actuarial equivalent reduction in the member's retirement allowance.
(b) The board, in addition to its general rulemaking authority
under Section 20121, may adopt regulations that implement this
section. Those regulations shall be exempt from review by the Office
of Administrative Law. However, the board shall transmit those
regulations to the Office of Administrative Law for filing with the
Secretary of State and publication in the California Code of
Regulations.
(c) 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.
21073.5. A state Second Tier member, who meets the eligibility
definition prescribed in subdivision (c) of Section 21071 may elect
to be subject to Section 21353.5 at any time while he or she is in
the employment of the state. Upon becoming subject to Section
21353.5, the active member may elect to have his or her past Second
Tier service credited under Section 21353.5. A member who elects to
receive credit for past service shall pay all reasonable
administrative costs and the amount that will be equivalent to the
difference between the actuarial present value of the Second Tier
service that had accrued to the member's credit and the actuarial
present value for the same service had it been credited under Section
21353.5, including interest if deemed necessary, in accordance with
the method to be established by the board. The amount shall be
contributed in a lump sum or by installments over a period and
subject to minimum payments as may be prescribed by regulations of
the board. Payments for administrative costs shall be credited to the
current appropriation for support of the board and available for
expenditures by the board to fund positions deemed necessary by the
board to implement this section.
21073.5. A state Second Tier member, who meets the eligibility
definition prescribed in subdivision (c) of Section 21071 may elect
to be subject to Section 21353.5 at any time while he or she is in
the employment of the state. Upon becoming subject to Section
21353.5, the active member may elect to have his or her past Second
Tier service credited under Section 21353.5. A member who elects to
receive credit for past service shall pay all reasonable
administrative costs and the amount that will be equivalent to the
difference between the actuarial present value of the Second Tier
service that had accrued to the member's credit and the actuarial
present value for the same service had it been credited under Section
21353.5, including interest if deemed necessary, in accordance with
the method to be established by the board. The amount shall be
contributed in a lump sum or by installments over a period and
subject to minimum payments as may be prescribed by regulations of
the board. Payments for administrative costs shall be credited to the
current appropriation for support of the board and available for
expenditures by the board to fund positions deemed necessary by the
board to implement this section.
21073.5. A state Second Tier member, who meets the eligibility
definition prescribed in subdivision (c) of Section 21071 may elect
to be subject to Section 21353.5 while he or she is in the employment
of the state. Upon becoming subject to Section 21353.5, the active
member may elect, prior to January 1, 2000, to have his or her past
Second Tier service credited under Section 21353.5. A member who
elects to receive credit for past service shall pay all reasonable
administrative costs and the amount that will be equivalent to the
difference between the actuarial present value of the Second Tier
service that had accrued to the member's credit and the actuarial
present value for the same service had it been credited under Section
21353.5, including interest if deemed necessary, in accordance with
the method to be established by the board. The amount shall be
contributed in a lump sum or by installments over a period and
subject to minimum payments as may be prescribed by regulations of
the board. Payments for administrative costs shall be credited to the
current appropriation for support of the board and available for
expenditures by the board to fund positions deemed necessary by the
board to implement this section.
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.
21073.6. (a) The election provided to eligible members pursuant to
subdivision (c) of Section 21071, to be subject to the service
retirement formula prescribed in Section 21353.5, shall be subject to
conditions to be established and communicated by the board.
(b) The election provided to eligible members pursuant to Section
21073.5, to have the member's past Second Tier service credited under
Section 21353.5, shall first be available no earlier than January 1,
1999, subject to the election procedures to be established and
communicated by the board.
(1) Notwithstanding Section 21073.5 which limits to active members
the election provided pursuant to Section 21353.5, this election
shall also be provided to a member who retired between the date he or
she became eligible under subdivision (c) of Section 21071 and the
date the election was actually made available by the board.
(2) Notwithstanding Section 21073.5 which limits to active members
the election provided pursuant to Section 21353.5, this election
shall also be provided to the beneficiary eligible for a continuing
allowance upon the death of a member, provided the member had been
determined to be eligible under subdivision (c) of Section 21071 but
had died before making the election that would have been provided by
the board.
(3) The election provided under paragraph (1) or (2) shall be made
within 60 days of the mailing date on the election notice sent by
the board to the retired member or the member's beneficiary.
21073.6. (a) The election provided to eligible members pursuant to
subdivision (c) of Section 21071, to be subject to the service
retirement formula prescribed in Section 21353.5, shall be subject to
conditions to be established and communicated by the board.
(b) The election provided to eligible members pursuant to Section
21073.5, to have the member's past Second Tier service credited under
Section 21353.5, shall first be available no earlier than January 1,
1999, subject to the election procedures to be established and
communicated by the board.
(1) Notwithstanding Section 21073.5 which limits to active members
the election provided pursuant to Section 21353.5, this election
shall also be provided to a member who retired between the date he or
she became eligible under subdivision (c) of Section 21071 and the
date the election was actually made available by the board.
(2) Notwithstanding Section 21073.5 which limits to active members
the election provided pursuant to Section 21353.5, this election
shall also be provided to the beneficiary eligible for a continuing
allowance upon the death of a member, provided the member had been
determined to be eligible under subdivision (c) of Section 21071 but
had died before making the election that would have been provided by
the board.
(3) The election provided under paragraph (1) or (2) shall be made
within 60 days of the mailing date on the election notice sent by
the board to the retired member or the member's beneficiary.
21073.7. (a) A member subject to the Second Tier benefits provided
in Section 21076 or 21077 who is employed by the state on or after
January 1, 2000, may make an irrevocable election, to be filed with
the board, to be subject to the First Tier benefits provided in
Section 21354.1 and to make the contributions specified in Section
20677. An election to be subject to Section 21354.1 may be made at
any time prior to retirement and shall be signed by the member's
spouse. An election shall be effective the first day of the month
following the date the election is received by the system and shall
be applicable to state service rendered on and after that date.
However an election made by a member who retires prior to or on the
first day of the month following the system's receipt of the election
shall be effective one day prior to the effective date of the member'
s retirement.
(b) A member who is employed by the state on or after January 1,
2000, with past service credited under the Second Tier may make an
irrevocable election, at any time prior to retirement, to have his or
her past Second Tier service credited under Section 21354.1 by
making contributions specified in Section 21073.1. This subdivision
shall not apply to a Second Tier member eligible to make the election
provided in subdivision (a) until after the effective date of that
election.
(c) A member subject to modified First Tier benefits pursuant to
Section 21353.5 shall become subject to Section 21353 or 21354.1, as
applicable, and make contributions as specified in Section 20677. The
member's past service and contributions credited as modified First
Tier under Section 21353.5 shall be converted to First Tier service
and contributions and shall be subject to Section 21353 or 21354.1,
as applicable. Contributions previously credited as modified First
Tier and withdrawn by the member may be redeposited under the
conditions specified in Section 20750, with the service credit and
contributions subject to Section 21353 or 21354.1, as applicable.
(d) Operation and application of this section is subject to the
limitations set forth in Section 21251.13.
21074. (a) A state member who became subject to the Second Tier
shall be retired for service upon his or her written application to
the board if he or she has attained age 55 and is credited with 10
years of state service.
(b) A state member who elected coverage under Section 21077, shall
be retired for service upon his or her written application to the
board if he or she has attained age 50 and is credited with five
years of state service. No benefit shall be payable for service
rendered under the Second Tier retirement formula unless the member
has rendered 10 years of state service except as provided in
subdivision (c).
(c) Notwithstanding subdivision (a) or (b), a state member in the
Second Tier who is credited with five years of state service prior to
January 1, 1985, may retire with less than 10 years of state service
upon his or her written application to the board if he or she has
attained age 50.
21075. Notwithstanding Section 20340, a person who is subject to
Section 21076 or Section 21077 ceases to be a member if he or she has
less than 10 years of service credit at the time of termination of
service, except a member who had five years of credited service prior
to January 1, 1985.
21076. (a) The service retirement allowance for a state
miscellaneous or state industrial member who has elected the benefits
of this section is a pension equal to the fraction of one-hundredth
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 member's number of years of
state miscellaneous service:
Age at
Retirement Fraction
50 .5000
50 1/4 .5125
50 1/2 .5250
50 3/4 .5375
51 .5500
51 1/4 .5625
51 1/2 .5750
51 3/4 .5875
52 .6000
52 1/4 .6125
52 1/2 .6250
52 3/4 .6375
53 .6500
53 1/4 .6625
53 1/2 .6750
53 3/4 .6875
54 .7000
54 1/4 .7125
54 1/2 .7250
54 3/4 .7375
55 .7500
55 1/4 .7625
55 1/2 .7750
55 3/4 .7875
56 .8000
56 1/4 .8125
56 1/2 .8250
56 3/4 .8375
57 .8500
57 1/4 .8625
57 1/2 .8750
57 3/4 .8875
58 .9000
58 1/4 .9125
58 1/2 .9250
58 3/4 .9375
59 .9500
59 1/4 .9625
59 1/2 .9750
59 3/4 .9875
60 1.0000
60 1/4 1.0125
60 1/2 1.0250
60 3/4 1.0375
61 1.0500
61 1/4 1.0625
61 1/2 1.0750
61 3/4 1.0875
62 1.1000
62 1/4 1.1125
62 1/2 1.1250
62 3/4 1.1375
63 1.1500
63 1/4 1.1625
63 1/2 1.1750
63 3/4 1.1875
64 1.2000
64 1/4 1.2125
64 1/2 1.2250
64 3/4 1.2375
65 1.2500
(b) This section shall not apply to a National Guard member.
21077. (a) The service retirement allowance for a state
miscellaneous or state industrial member who elects to be subject to
this section shall be: the sum of the allowance for service rendered
under the Second Tier retirement formula, computed pursuant to
Section 21076, added to the allowance for service rendered as a state
miscellaneous or state industrial member covered under the First
Tier formula, computed pursuant to Section 21353 or 21354.1, as
applicable.
(b) This section shall not apply to a National Guard member.
21070. (a) Effective January 1, 1985, there shall be an alternative
level of benefits available to the following state miscellaneous
members: (1) members who are excluded from the definition of state
employee in subdivision (c) of Section 3513; (2) members employed by
the executive branch of government who are not members of the civil
service; and (3) members in state bargaining units for which a
memorandum of understanding has been agreed to by the state employer
and the recognized employee organization to become subject to this
section. Effective September 1, 1986, this section shall apply to
members employed by the state as provided for in Article VI of the
California Constitution. The board shall provide the affected members
a one-month election period commencing on August 1, 1986. This
section does not apply to state miscellaneous members employed by the
California State University or the University of California. This
section shall not apply to any employee described by Section 20324
unless and until the employer, as defined in Section 20902, adopts a
resolution approving that application.
(b) Effective September 1, 1986, there shall be an alternate level
of benefits available to the following state industrial members: (1)
members in state bargaining units for which a memorandum of
understanding has been agreed to by the state employer and the
recognized employee organization to become subject to this section;
(2) members who are excluded from the definition of state employees
in subdivision (c) of Section 3513; and (3) members employed by the
executive branch of government who are not members of the civil
service. The board shall provide the affected members a one-month
election period commencing on August 1, 1986.
(c) Members eligible to participate in the alternative level of
benefits, referred to in this part as the Second Tier, may make an
irrevocable election during the period from November 1, 1988, through
October 31, 1989, to: (1) become subject to the Second Tier benefits
provided for in Section 21076 for all past state miscellaneous and
state industrial service and all future state miscellaneous and state
industrial service not excluded by this section; (2) become subject
to the Second Tier benefits provided for in Section 21077 for state
miscellaneous and state industrial service not excluded by this
section rendered on and after the effective date of the election to
be subject to the Second Tier. Any election by a member to be subject
to Section 21076 or 21077 shall also be signed by the spouse of the
member and both signatures shall be notarized; (3) become subject to
the First Tier retirement formula prescribed by Section 21353 for
state miscellaneous and state industrial service rendered on or after
the effective date of the election, provided that the member had
previously elected coverage pursuant to Section 21076 or 21077 and
makes the contributions specified in Section 20677; or (4) become
subject to the First Tier retirement formula prescribed by Section
21353 for all past and future state miscellaneous and state
industrial service, provided that the member had previously elected
coverage pursuant to Section 21076 or 21077 and the member makes the
contributions specified in Sections 20677 and 21073. The right of
eligible members to elect coverage under the retirement formula of
their choice shall apply solely during the above-prescribed one-year
period, subject to conditions to be established and communicated by
the board.
Thereafter, the board shall provide a 30-day period every five
years for eligible members to make an irrevocable election to be
subject to the Second Tier benefits provided for in Section 21076 or
21077. Eligible members who previously elected Section 21077 may make
an irrevocable election to become subject to Section 21076 for all
past state miscellaneous and state industrial service during this
election period. The first election period shall be held five years
from the ending date of the one-year election period specified in
this subdivision.
The effective date of any election filed with the board shall be
the first of the month following the date the election is received in
the system, provided the election meets the conditions set by the
board. Any election filed with the board under this subdivision shall
also be signed by the spouse of the member and both signatures shall
be notarized.
(d) Persons who become state miscellaneous or state industrial
members described in this section or who become such members under
Article 3 (commencing with Section 20320) of Chapter 3 of this part
on or after the Second Tier effective date applicable to the member,
shall be subject to Section 21077 unless an election is filed with
the board to be subject to Section 21353 and the member makes the
contributions specified in Section 20677. The appointing authority
shall provide the member with the election form and the member shall
exercise the election within one year of becoming a member. The
effective date of the election shall be the date on which the member
became a state miscellaneous or state industrial member.
(e) A state miscellaneous or state industrial member who, on or
after the effective date of an election to be subject to Section
21076 or 21077, ceases to be a member pursuant to Section 20340 or
21075 shall, upon again becoming a state miscellaneous or state
industrial member, be subject to Section 21076 or 21077 in accordance
with his or her previous irrevocable election. This subdivision does
not apply to persons who return to membership as employees of the
California State University.
Except as otherwise provided in this part, a state miscellaneous
or state industrial member subject to Section 21076 or 21077 is
subject to all other provisions applicable to state miscellaneous
members except those provisions that provide for the payment of an
annuity based on contributions. Notwithstanding any other provision
of this part, member contributions are not required for any service
credit that is subject to Section 21076.
(f) The board shall report to the Governor, the Legislature, and
the Department of Personnel Administration on the savings that are
the result of the implementation of the Second Tier retirement plan
for state miscellaneous and state industrial members. The report
shall first be submitted in April 1986, and annually in April of
every year thereafter until April 1994.
21070. (a) Effective January 1, 1985, there shall be an alternative
level of benefits available to the following state miscellaneous
members: (1) members who are excluded from the definition of state
employee in subdivision (c) of Section 3513; (2) members employed by
the executive branch of government who are not members of the civil
service; and (3) members in state bargaining units for which a
memorandum of understanding has been agreed to by the state employer
and the recognized employee organization to become subject to this
section. Effective September 1, 1986, this section shall apply to
members employed by the state as provided for in Article VI of the
California Constitution. The board shall provide the affected members
a one-month election period commencing on August 1, 1986. This
section does not apply to state miscellaneous members employed by the
California State University or the University of California. This
section shall not apply to any employee described by Section 20324
unless and until the employer, as defined in Section 20902, adopts a
resolution approving that application.
(b) Effective September 1, 1986, there shall be an alternate level
of benefits available to the following state industrial members: (1)
members in state bargaining units for which a memorandum of
understanding has been agreed to by the state employer and the
recognized employee organization to become subject to this section;
(2) members who are excluded from the definition of state employees
in subdivision (c) of Section 3513; and (3) members employed by the
executive branch of government who are not members of the civil
service. The board shall provide the affected members a one-month
election period commencing on August 1, 1986.
(c) Members eligible to participate in the alternative level of
benefits, referred to in this part as the Second Tier, may make an
irrevocable election during the period from November 1, 1988, through
October 31, 1989, to: (1) become subject to the Second Tier benefits
provided for in Section 21076 for all past state miscellaneous and
state industrial service and all future state miscellaneous and state
industrial service not excluded by this section; (2) become subject
to the Second Tier benefits provided for in Section 21077 for state
miscellaneous and state industrial service not excluded by this
section rendered on and after the effective date of the election to
be subject to the Second Tier. Any election by a member to be subject
to Section 21076 or 21077 shall also be signed by the spouse of the
member and both signatures shall be notarized; (3) become subject to
the First Tier retirement formula prescribed by Section 21353 for
state miscellaneous and state industrial service rendered on or after
the effective date of the election, provided that the member had
previously elected coverage pursuant to Section 21076 or 21077 and
makes the contributions specified in Section 20677; or (4) become
subject to the First Tier retirement formula prescribed by Section
21353 for all past and future state miscellaneous and state
industrial service, provided that the member had previously elected
coverage pursuant to Section 21076 or 21077 and the member makes the
contributions specified in Sections 20677 and 21073. The right of
eligible members to elect coverage under the retirement formula of
their choice shall apply solely during the above-prescribed one-year
period, subject to conditions to be established and communicated by
the board.
Thereafter, and until January 1, 2000, the board shall provide a
30-day period every five years for eligible members to make an
irrevocable election to be subject to the Second Tier benefits
provided for in Section 21076 or 21077. Eligible members who
previously elected Section 21077 may make an irrevocable election to
become subject to Section 21076 for all past state miscellaneous and
state industrial service during this election period. The first
election period shall be held five years from the ending date of the
one-year election period specified in this subdivision.
The effective date of any election filed with the board shall be
the first of the month following the date the election is received in
the system, provided the election meets the conditions set by the
board. Any election filed with the board under this subdivision shall
also be signed by the spouse of the member and both signatures shall
be notarized.
(d) Persons who become state miscellaneous or state industrial
members described in this section or who become such members under
Article 3 (commencing with Section 20320) of Chapter 3 of this part
on or after the Second Tier effective date applicable to the member,
shall be subject to Section 21077 unless an election is filed with
the board to be subject to Section 21353 and the member makes the
contributions specified in Section 20677. The appointing authority
shall provide the member with the election form and the member shall
exercise the election within one year of becoming a member. The
effective date of the election shall be the date on which the member
became a state miscellaneous or state industrial member.
(e) A state miscellaneous or state industrial member who, on or
after the effective date of an election to be subject to Section
21076 or 21077, ceases to be a member pursuant to Section 20340 or
21075 shall, upon again becoming a state miscellaneous or state
industrial member, be subject to Section 21076 or 21077 in accordance
with his or her previous irrevocable election. This subdivision does
not apply to persons who return to membership as employees of the
California State University.
Except as otherwise provided in this part, a state miscellaneous
or state industrial member subject to Section 21076 or 21077 is
subject to all other provisions applicable to state miscellaneous
members except those provisions that provide for the payment of an
annuity based on contributions. Notwithstanding any other provision
of this part, member contributions are not required for any service
credit that is subject to Section 21076.
(f) Notwithstanding any other provision in subdivisions (a) to
(e), inclusive, this section does not apply to a state miscellaneous
or state industrial member who, on or after January 1, 2000, (1) was
first employed by the state, (2) returned to employment with the
state from a break in service of more than 90 days, or (3) returned
to employment with the state after ceasing to be a member pursuant to
Section 20340 or 21075.
(g) 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.
21070.5. (a) Notwithstanding any other provision of this article, a
person who, on or after January 1, 2000, becomes a state
miscellaneous or state industrial member of the system because the
person (1) is first employed by the state, (2) returns to employment
with the state from a break in service of more than 90 days, or (3)
returns to employment with the state after ceasing to be a member
pursuant to Section 20340 or 21075, shall be subject to the benefits
provided by Section 21354.1, unless the person elects within 180 days
of membership as a state miscellaneous or state industrial member to
be subject to the Second Tier benefits provided for in Section
21076. This section shall only apply to state miscellaneous and state
industrial members who are (1) excluded from the definition of state
employee in subdivision (c) of Section 3513, (2) employed by the
executive branch of government and are not members of the civil
service, or (3) included in the definition of state employee in
subdivision (c) of Section 3513.
(b) The effective date of the election shall be the first day of
the month following the date the election is received by the system
and shall be applicable to state service rendered on and after that
date. Any election filed with the board pursuant to this section
shall also be signed by the spouse of the member.
(c) A member who makes an election authorized by this section
shall not be precluded from making a subsequent election pursuant to
Section 21073.7 to be subject to the benefits provided by Section
21354.1.
(d) Operation and application of this section are subject to the
limitations set forth in Section 21251.13.
(e) For a member subject to Section 20281.5, the 180-day election
period shall not commence until the first day of the first pay period
commencing 24 months after becoming a member of the system.
21070.6. (a) A member who is subject to Section 21076 or 21077 may
be credited at no cost with all previous state miscellaneous or state
industrial service eligible to be credited under Second Tier
benefits. A member who is entitled to service credit under this
section shall apply for and identify time periods for that service to
the board.
(b) Operation and application of this section are subject to the
limitations set forth in Section 21251.13.
21070.7. Notwithstanding any other provision of this part, Sections
21076 and 21077 shall not apply to service with the California
National Guard or service as a National Guard member regardless of
any prior membership status or previous election made.
21071. (a) Notwithstanding any other provision of this article,
except as provided in subdivisions (b) and (c), persons who first
become state miscellaneous or state industrial members of the system
on or after July 1, 1991, and who are: (1) excluded from the
definition of state employee in subdivision (c) of Section 3513; (2)
employed by the executive branch of government who are not members of
the civil service; or (3) included in the definition of state
employee in subdivision (c) of Section 3513 shall become subject to
Section 21076.
(b) Any person who was a member on or before June 30, 1991,
eligible to elect membership on or before June 30, 1991, or who was
employed in any position on or before June 30, 1991, that would lead
to membership as a state member, as defined in Section 20370, and who
thereafter enters employment subject to Section 21076 shall be
granted the rights provided in subdivision (c) of Section 21070,
unless the person had earlier made an irrevocable election to be
subject to Section 21076 or 21077. The one-year period in which to
make the election provided in subdivision (c) of Section 21070 for
any member who became a state member prior to January 1, 1994, shall
commence with the mailing of a notice by the system to the member, of
his or her election right. The effective date of the election shall
be the date on which the member became a state miscellaneous or state
industrial member. The member shall be obligated to make the
contributions specified in Section 20677.
(c) Effective on or after April 1, 1998, state miscellaneous or
industrial members may elect to be subject to the service retirement
formula prescribed in Section 21353.5, as an alternative to Second
Tier membership under Section 21076. The election shall be provided
to eligible members by the appointing authority, and, to be
effective, an election must be filed with the board. Eligible members
who must be in the employment of the state are defined as members in
state bargaining units for which a memorandum of understanding has
been agreed to by the state employer and the recognized employee
organization to become subject to Section 21353.5. The effective date
of a member's election shall be the first day of the month following
the date the election is filed with the system.
(d) This section shall not apply to state miscellaneous members
employed by the California State University or employees described in
Section 20324.
21071. (a) Notwithstanding any other provision of this article,
except as provided in subdivisions (b) and (c), persons who first
become state miscellaneous or state industrial members of the system
on or after July 1, 1991, and who are (1) excluded from the
definition of state employee in subdivision (c) of Section 3513, (2)
employed by the executive branch of government and are not members of
the civil service, or (3) included in the definition of state
employee in subdivision (c) of Section 3513 shall become subject to
Section 21076.
(b) Any person who was a member on or before June 30, 1991,
eligible to elect membership on or before June 30, 1991, or who was
employed in any position on or before June 30, 1991, that would lead
to membership as a state member, as defined in Section 20370, and who
thereafter enters employment subject to Section 21076 shall be
granted the rights provided in subdivision (c) of Section 21070,
unless the person had earlier made an irrevocable election to be
subject to Section 21076 or 21077. The one-year period in which to
make the election provided in subdivision (c) of Section 21070 for
any member who became a state member prior to January 1, 1994, shall
commence with the mailing of a notice by the system to the member of
his or her election right. The effective date of the election shall
be the date on which the member became a state miscellaneous or state
industrial member. The member shall be obligated to make the
contributions specified in Section 20677.
(c) Effective on or after April 1, 1998, state miscellaneous or
industrial members may elect to be subject to the service retirement
formula prescribed in Section 21353.5, as an alternative to Second
Tier membership under Section 21076. The election shall be provided
to eligible members by the appointing authority, and, to be
effective, an election must be filed with the board. Eligible members
who must be in the employment of the state are defined as members in
state bargaining units for which a memorandum of understanding has
been agreed to by the state employer and the recognized employee
organization to become subject to Section 21353.5. The effective date
of a member's election shall be the first day of the month following
the date the election is filed with the system.
(d) This section shall not apply to state miscellaneous members
employed by the California State University or employees described in
Section 20324.
(e) This section shall become inoperative on January 1, 2000.
(f) 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.
21072. (a) A member who elects to be subject to Section 21076 shall
be credited at no cost with all creditable previous state
miscellaneous or state industrial service after the member is
credited with one year of service under Section 21076. A member who
was subject to Section 21076, who terminates membership, and who
subsequently returns to state service shall be granted, at no cost,
all of the service credit earned as a result of the election, after
the member is credited with one year of service following return to
state service. The one-year requirement shall be waived for a member
who meets the service credit requirements for disability retirement
specified in Section 21150 with the past creditable service.
(b) A member who elects to be subject to Section 21077, who
terminates membership and who subsequently returns to service shall
be credited, at no cost, with the service earned as a result of the
election, after the member is credited with one year of service
following return to state service. The one-year requirement shall be
waived for a member who meets the service credit requirements for
disability retirement specified in Section 21150 with the past
creditable service.
(c) A member who is entitled to service credit under this section
shall apply for and identify time periods for that service to the
board.
21072. (a) A member who elects to be subject to Section 21076 shall
be credited at no cost with all creditable previous state
miscellaneous or state industrial service after the member is
credited with one year of service under Section 21076. A member who
was subject to Section 21076, who terminates membership, and who
subsequently returns to state service shall be granted, at no cost,
all of the service credit earned as a result of the election, after
the member is credited with one year of service following return to
state service. The one-year requirement shall be waived for a member
who meets the service credit requirements for disability retirement
specified in Section 21150 with the past creditable service.
(b) A member who elects to be subject to Section 21077, who
terminates membership and who subsequently returns to service shall
be credited, at no cost, with the service earned as a result of the
election, after the member is credited with one year of service
following return to state service. The one-year requirement shall be
waived for a member who meets the service credit requirements for
disability retirement specified in Section 21150 with the past
creditable service.
(c) A member who is entitled to service credit under this section
shall apply for and identify time periods for that service to the
board.
(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.
21073. (a) A member who elects to receive service credit under
Section 21353, as authorized by subdivision (c) of Section 21070, for
time during which he or she was subject to Section 21077, shall
contribute in a lump sum or by installments, over that period and
subject to minimum payments as may be prescribed by regulations of
the board, an amount equal to the contributions he or she would have
made had he or she not been subject to Section 21077, plus an amount
equal to the interest, to the date of completion of payments, that
would have been credited to those contributions.
(b) A member who elects to receive service credit under Section
21353, as authorized by subdivision (c) of Section 21070, for time
during which he or she received service credit under Section 21076,
shall deposit in the retirement fund, subject to the regulations of
the board, an amount equal to (1) any accumulated contributions that
he or she withdrew pursuant to Section 20737, plus an amount equal to
the interest, to the date of completion of payments, that would have
been credited to those contributions, and (2) an amount equal to the
contributions he or she would have made had he or she not been
subject to Section 21076, plus an amount equal to the interest, to
the date of completion of payments, that would have been credited to
those contributions.
Upon electing to be subject to Section 21353, a member shall
return to coverage under that formula without credit for any previous
creditable state miscellaneous or industrial service credited at no
cost pursuant to Section 21072, unless the member elects to redeposit
or to purchase the service as otherwise required in this part, or
the member has elected to be subject to Section 21353 solely for
service rendered on or after the effective date of the election, as
permitted during the one-year period specified in subdivision (c) of
Section 21070.
21073. (a) A member who elects prior to January 1, 2000, to receive
service credit under Section 21353, as authorized by subdivision (c)
of Section 21070, for time during which he or she was subject to
Section 21077, shall contribute in a lump sum or by installments,
over that period and subject to minimum payments as may be prescribed
by regulations of the board, an amount equal to the contributions he
or she would have made had he or she not been subject to Section
21077, plus an amount equal to the interest, to the date of
completion of payments, that would have been credited to those
contributions.
(b) A member who elects prior to January 1, 2000, to receive
service credit under Section 21353, as authorized by subdivision (c)
of Section 21070, for time during which he or she received service
credit under Section 21076, shall deposit in the retirement fund,
subject to the regulations of the board, an amount equal to (1) any
accumulated contributions that he or she withdrew pursuant to Section
20737, plus an amount equal to the interest, to the date of
completion of payments, that would have been credited to those
contributions, and (2) an amount equal to the contributions he or she
would have made had he or she not been subject to Section 21076,
plus an amount equal to the interest, to the date of completion of
payments, that would have been credited to those contributions.
Upon electing, prior to January 1, 2000, to be subject to Section
21353, a member shall return to coverage under that formula without
credit for any previous creditable state miscellaneous or industrial
service credited at no cost pursuant to Section 21072, unless the
member elects to redeposit or to purchase the service as otherwise
required in this part, or the member has elected to be subject to
Section 21353 solely for service rendered on or after the effective
date of the election, as permitted during the one-year period
specified in subdivision (c) of Section 21070.
(c) 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.
21073.1. (a) Effective January 1, 2000, a member who elects to
receive service credit under Section 21354.1, as authorized by
Section 21073.7, for time during which the member received service
credit subject to Section 21076 or 21077, shall deposit an amount
equal to any accumulated contributions the member withdrew pursuant
to Section 20737, plus the interest that would have been credited to
the member's account had the contributions not been withdrawn, and
any contributions the member would have made, plus an amount equal to
the interest that would have been credited to those contributions,
had the member not been subject to Section 21076 or 21077. This
deposit shall be made in a lump sum or by installments, with interest
through the completion of payments, over that period and subject to
minimum payment amounts as may be prescribed by regulations of the
board. Alternatively, this deposit requirement may be satisfied by an
actuarial equivalent reduction in the member's retirement allowance.
(b) The board, in addition to its general rulemaking authority
under Section 20121, may adopt regulations that implement this
section. Those regulations shall be exempt from review by the Office
of Administrative Law. However, the board shall transmit those
regulations to the Office of Administrative Law for filing with the
Secretary of State and publication in the California Code of
Regulations.
(c) 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.
21073.5. A state Second Tier member, who meets the eligibility
definition prescribed in subdivision (c) of Section 21071 may elect
to be subject to Section 21353.5 at any time while he or she is in
the employment of the state. Upon becoming subject to Section
21353.5, the active member may elect to have his or her past Second
Tier service credited under Section 21353.5. A member who elects to
receive credit for past service shall pay all reasonable
administrative costs and the amount that will be equivalent to the
difference between the actuarial present value of the Second Tier
service that had accrued to the member's credit and the actuarial
present value for the same service had it been credited under Section
21353.5, including interest if deemed necessary, in accordance with
the method to be established by the board. The amount shall be
contributed in a lump sum or by installments over a period and
subject to minimum payments as may be prescribed by regulations of
the board. Payments for administrative costs shall be credited to the
current appropriation for support of the board and available for
expenditures by the board to fund positions deemed necessary by the
board to implement this section.
21073.5. A state Second Tier member, who meets the eligibility
definition prescribed in subdivision (c) of Section 21071 may elect
to be subject to Section 21353.5 at any time while he or she is in
the employment of the state. Upon becoming subject to Section
21353.5, the active member may elect to have his or her past Second
Tier service credited under Section 21353.5. A member who elects to
receive credit for past service shall pay all reasonable
administrative costs and the amount that will be equivalent to the
difference between the actuarial present value of the Second Tier
service that had accrued to the member's credit and the actuarial
present value for the same service had it been credited under Section
21353.5, including interest if deemed necessary, in accordance with
the method to be established by the board. The amount shall be
contributed in a lump sum or by installments over a period and
subject to minimum payments as may be prescribed by regulations of
the board. Payments for administrative costs shall be credited to the
current appropriation for support of the board and available for
expenditures by the board to fund positions deemed necessary by the
board to implement this section.
21073.5. A state Second Tier member, who meets the eligibility
definition prescribed in subdivision (c) of Section 21071 may elect
to be subject to Section 21353.5 while he or she is in the employment
of the state. Upon becoming subject to Section 21353.5, the active
member may elect, prior to January 1, 2000, to have his or her past
Second Tier service credited under Section 21353.5. A member who
elects to receive credit for past service shall pay all reasonable
administrative costs and the amount that will be equivalent to the
difference between the actuarial present value of the Second Tier
service that had accrued to the member's credit and the actuarial
present value for the same service had it been credited under Section
21353.5, including interest if deemed necessary, in accordance with
the method to be established by the board. The amount shall be
contributed in a lump sum or by installments over a period and
subject to minimum payments as may be prescribed by regulations of
the board. Payments for administrative costs shall be credited to the
current appropriation for support of the board and available for
expenditures by the board to fund positions deemed necessary by the
board to implement this section.
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.
21073.6. (a) The election provided to eligible members pursuant to
subdivision (c) of Section 21071, to be subject to the service
retirement formula prescribed in Section 21353.5, shall be subject to
conditions to be established and communicated by the board.
(b) The election provided to eligible members pursuant to Section
21073.5, to have the member's past Second Tier service credited under
Section 21353.5, shall first be available no earlier than January 1,
1999, subject to the election procedures to be established and
communicated by the board.
(1) Notwithstanding Section 21073.5 which limits to active members
the election provided pursuant to Section 21353.5, this election
shall also be provided to a member who retired between the date he or
she became eligible under subdivision (c) of Section 21071 and the
date the election was actually made available by the board.
(2) Notwithstanding Section 21073.5 which limits to active members
the election provided pursuant to Section 21353.5, this election
shall also be provided to the beneficiary eligible for a continuing
allowance upon the death of a member, provided the member had been
determined to be eligible under subdivision (c) of Section 21071 but
had died before making the election that would have been provided by
the board.
(3) The election provided under paragraph (1) or (2) shall be made
within 60 days of the mailing date on the election notice sent by
the board to the retired member or the member's beneficiary.
21073.6. (a) The election provided to eligible members pursuant to
subdivision (c) of Section 21071, to be subject to the service
retirement formula prescribed in Section 21353.5, shall be subject to
conditions to be established and communicated by the board.
(b) The election provided to eligible members pursuant to Section
21073.5, to have the member's past Second Tier service credited under
Section 21353.5, shall first be available no earlier than January 1,
1999, subject to the election procedures to be established and
communicated by the board.
(1) Notwithstanding Section 21073.5 which limits to active members
the election provided pursuant to Section 21353.5, this election
shall also be provided to a member who retired between the date he or
she became eligible under subdivision (c) of Section 21071 and the
date the election was actually made available by the board.
(2) Notwithstanding Section 21073.5 which limits to active members
the election provided pursuant to Section 21353.5, this election
shall also be provided to the beneficiary eligible for a continuing
allowance upon the death of a member, provided the member had been
determined to be eligible under subdivision (c) of Section 21071 but
had died before making the election that would have been provided by
the board.
(3) The election provided under paragraph (1) or (2) shall be made
within 60 days of the mailing date on the election notice sent by
the board to the retired member or the member's beneficiary.
21073.7. (a) A member subject to the Second Tier benefits provided
in Section 21076 or 21077 who is employed by the state on or after
January 1, 2000, may make an irrevocable election, to be filed with
the board, to be subject to the First Tier benefits provided in
Section 21354.1 and to make the contributions specified in Section
20677. An election to be subject to Section 21354.1 may be made at
any time prior to retirement and shall be signed by the member's
spouse. An election shall be effective the first day of the month
following the date the election is received by the system and shall
be applicable to state service rendered on and after that date.
However an election made by a member who retires prior to or on the
first day of the month following the system's receipt of the election
shall be effective one day prior to the effective date of the member'
s retirement.
(b) A member who is employed by the state on or after January 1,
2000, with past service credited under the Second Tier may make an
irrevocable election, at any time prior to retirement, to have his or
her past Second Tier service credited under Section 21354.1 by
making contributions specified in Section 21073.1. This subdivision
shall not apply to a Second Tier member eligible to make the election
provided in subdivision (a) until after the effective date of that
election.
(c) A member subject to modified First Tier benefits pursuant to
Section 21353.5 shall become subject to Section 21353 or 21354.1, as
applicable, and make contributions as specified in Section 20677. The
member's past service and contributions credited as modified First
Tier under Section 21353.5 shall be converted to First Tier service
and contributions and shall be subject to Section 21353 or 21354.1,
as applicable. Contributions previously credited as modified First
Tier and withdrawn by the member may be redeposited under the
conditions specified in Section 20750, with the service credit and
contributions subject to Section 21353 or 21354.1, as applicable.
(d) Operation and application of this section is subject to the
limitations set forth in Section 21251.13.
21074. (a) A state member who became subject to the Second Tier
shall be retired for service upon his or her written application to
the board if he or she has attained age 55 and is credited with 10
years of state service.
(b) A state member who elected coverage under Section 21077, shall
be retired for service upon his or her written application to the
board if he or she has attained age 50 and is credited with five
years of state service. No benefit shall be payable for service
rendered under the Second Tier retirement formula unless the member
has rendered 10 years of state service except as provided in
subdivision (c).
(c) Notwithstanding subdivision (a) or (b), a state member in the
Second Tier who is credited with five years of state service prior to
January 1, 1985, may retire with less than 10 years of state service
upon his or her written application to the board if he or she has
attained age 50.
21075. Notwithstanding Section 20340, a person who is subject to
Section 21076 or Section 21077 ceases to be a member if he or she has
less than 10 years of service credit at the time of termination of
service, except a member who had five years of credited service prior
to January 1, 1985.
21076. (a) The service retirement allowance for a state
miscellaneous or state industrial member who has elected the benefits
of this section is a pension equal to the fraction of one-hundredth
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 member's number of years of
state miscellaneous service:
Age at
Retirement Fraction
50 .5000
50 1/4 .5125
50 1/2 .5250
50 3/4 .5375
51 .5500
51 1/4 .5625
51 1/2 .5750
51 3/4 .5875
52 .6000
52 1/4 .6125
52 1/2 .6250
52 3/4 .6375
53 .6500
53 1/4 .6625
53 1/2 .6750
53 3/4 .6875
54 .7000
54 1/4 .7125
54 1/2 .7250
54 3/4 .7375
55 .7500
55 1/4 .7625
55 1/2 .7750
55 3/4 .7875
56 .8000
56 1/4 .8125
56 1/2 .8250
56 3/4 .8375
57 .8500
57 1/4 .8625
57 1/2 .8750
57 3/4 .8875
58 .9000
58 1/4 .9125
58 1/2 .9250
58 3/4 .9375
59 .9500
59 1/4 .9625
59 1/2 .9750
59 3/4 .9875
60 1.0000
60 1/4 1.0125
60 1/2 1.0250
60 3/4 1.0375
61 1.0500
61 1/4 1.0625
61 1/2 1.0750
61 3/4 1.0875
62 1.1000
62 1/4 1.1125
62 1/2 1.1250
62 3/4 1.1375
63 1.1500
63 1/4 1.1625
63 1/2 1.1750
63 3/4 1.1875
64 1.2000
64 1/4 1.2125
64 1/2 1.2250
64 3/4 1.2375
65 1.2500
(b) This section shall not apply to a National Guard member.
21077. (a) The service retirement allowance for a state
miscellaneous or state industrial member who elects to be subject to
this section shall be: the sum of the allowance for service rendered
under the Second Tier retirement formula, computed pursuant to
Section 21076, added to the allowance for service rendered as a state
miscellaneous or state industrial member covered under the First
Tier formula, computed pursuant to Section 21353 or 21354.1, as
applicable.
(b) This section shall not apply to a National Guard member.
