75000. This chapter shall be known and may be cited as the "Judges'
Retirement Law."
The retirement system established by this chapter shall be known
and may be cited as the "Judges' Retirement System."
75001. Unless the context otherwise requires, the definitions and
general provisions set forth in this article govern the construction
of this chapter.
75002. "Judge" means a justice of the Supreme Court or of a court
of appeal, or a judge of a superior court, municipal court, or
justice court. A retired justice court judge does not acquire status
as a judge for the purposes of this chapter by reason of designation
as a judge pro tempore of, or assignment by the Chairperson of the
Judicial Council to, any of these courts.
"Judge" shall not mean a justice court judge who elected pursuant
to Section 75029.5 to be restored to membership in the Public
Employees' Retirement System.
75003. "Salary" means the compensation received by a judge as the
emolument of the office of judge, and as limited by Section 75075.02,
but, except as provided by Section 75076.2, does not include any
additional compensation received by reason of designation as a judge
pro tempore, assignment by the Chairperson of the Judicial Council,
or the additional compensation pursuant to Section 68203.1.
75004. "Service" means the period of time a person has made
contributions by reason of holding office as a judge of any one or
more of the courts of this state specified in Section 75002, computed
in years and fractions of years.
75005. Notwithstanding any other provision of law, this chapter
shall be administered and governed by the Board of Administration of
the Public Employees' Retirement System in accordance with the Public
Employees' Retirement Law to the same extent and with the same
effect as if those provisions are contained in the Judges' Retirement
Law, except for those provisions which provide for the payment of an
allowance or other benefit and except for those provisions which
conflict with any provision of the Judges' Retirement Law. "State
Controller" or "Controller" as used in this chapter, or any other
provision of law relating to the chapter, shall be construed to refer
to and mean the "Board of Administration of the Public Employees'
Retirement System"; however, the Controller shall continue to perform
the duties prescribed in Sections 75092, 75097, 75101, and 75102.
All payments from the Judges' Retirement Fund shall be made upon
warrants drawn by the Controller upon demands by the Board of
Administration of the Public Employees' Retirement System.
75006. (a) Any allowance payable to a retired judge or to a
surviving spouse or to an eligible surviving child which has accrued
and remained unpaid at the time of the judge's or the surviving
spouse's or surviving child's death, or any unclaimed warrant issued
prior to the date of death and returned to the system, shall be paid
pursuant to the following order:
(1) The survivor entitled to an allowance payable by this system.
(2) The beneficiary designated by the surviving spouse, eligible
surviving child, or retired judge if there is no eligible survivor.
(3) The estate of the deceased, if there is no one entitled to
payment under paragraph (1) or (2). The payment to the estate shall
be paid to either the estate of the deceased or the duly authorized
representative or representatives of the estate when this system
receives a court order appointing an executor, administrator, or
personal representative.
(4) If the estate does not require probate and the deceased has a
trust, the payment may, in the judgment of the board, be paid to the
successor trustee named in the trust.
(5) If the estate does not require probate and the deceased does
not have a trust, the payment may, in the judgment of the board, be
paid to the beneficiary or beneficiaries of the deceased named in a
valid will.
(b) If there is no qualifying beneficiary pursuant to paragraphs
(1) to (5), inclusive, of subdivision (a), the payment shall be paid
to the surviving next of kin of the deceased pursuant to the order of
distribution specified in Section 21493.
75006.6. The surviving spouse or eligible surviving child of a
deceased judge who is receiving a monthly allowance from the Judges'
Retirement System, or a retired judge, if there is no spouse or
eligible child, may designate a beneficiary to receive the pro rata
allowance remaining payable in the month of his or her death. The
designation may be made, changed or revoked at any time, provided
that it is made in writing and filed with the Judges' Retirement
System.
75000. This chapter shall be known and may be cited as the "Judges'
Retirement Law."
The retirement system established by this chapter shall be known
and may be cited as the "Judges' Retirement System."
75001. Unless the context otherwise requires, the definitions and
general provisions set forth in this article govern the construction
of this chapter.
75002. "Judge" means a justice of the Supreme Court or of a court
of appeal, or a judge of a superior court, municipal court, or
justice court. A retired justice court judge does not acquire status
as a judge for the purposes of this chapter by reason of designation
as a judge pro tempore of, or assignment by the Chairperson of the
Judicial Council to, any of these courts.
"Judge" shall not mean a justice court judge who elected pursuant
to Section 75029.5 to be restored to membership in the Public
Employees' Retirement System.
75003. "Salary" means the compensation received by a judge as the
emolument of the office of judge, and as limited by Section 75075.02,
but, except as provided by Section 75076.2, does not include any
additional compensation received by reason of designation as a judge
pro tempore, assignment by the Chairperson of the Judicial Council,
or the additional compensation pursuant to Section 68203.1.
75004. "Service" means the period of time a person has made
contributions by reason of holding office as a judge of any one or
more of the courts of this state specified in Section 75002, computed
in years and fractions of years.
75005. Notwithstanding any other provision of law, this chapter
shall be administered and governed by the Board of Administration of
the Public Employees' Retirement System in accordance with the Public
Employees' Retirement Law to the same extent and with the same
effect as if those provisions are contained in the Judges' Retirement
Law, except for those provisions which provide for the payment of an
allowance or other benefit and except for those provisions which
conflict with any provision of the Judges' Retirement Law. "State
Controller" or "Controller" as used in this chapter, or any other
provision of law relating to the chapter, shall be construed to refer
to and mean the "Board of Administration of the Public Employees'
Retirement System"; however, the Controller shall continue to perform
the duties prescribed in Sections 75092, 75097, 75101, and 75102.
All payments from the Judges' Retirement Fund shall be made upon
warrants drawn by the Controller upon demands by the Board of
Administration of the Public Employees' Retirement System.
75006. (a) Any allowance payable to a retired judge or to a
surviving spouse or to an eligible surviving child which has accrued
and remained unpaid at the time of the judge's or the surviving
spouse's or surviving child's death, or any unclaimed warrant issued
prior to the date of death and returned to the system, shall be paid
pursuant to the following order:
(1) The survivor entitled to an allowance payable by this system.
(2) The beneficiary designated by the surviving spouse, eligible
surviving child, or retired judge if there is no eligible survivor.
(3) The estate of the deceased, if there is no one entitled to
payment under paragraph (1) or (2). The payment to the estate shall
be paid to either the estate of the deceased or the duly authorized
representative or representatives of the estate when this system
receives a court order appointing an executor, administrator, or
personal representative.
(4) If the estate does not require probate and the deceased has a
trust, the payment may, in the judgment of the board, be paid to the
successor trustee named in the trust.
(5) If the estate does not require probate and the deceased does
not have a trust, the payment may, in the judgment of the board, be
paid to the beneficiary or beneficiaries of the deceased named in a
valid will.
(b) If there is no qualifying beneficiary pursuant to paragraphs
(1) to (5), inclusive, of subdivision (a), the payment shall be paid
to the surviving next of kin of the deceased pursuant to the order of
distribution specified in Section 21493.
75006.6. The surviving spouse or eligible surviving child of a
deceased judge who is receiving a monthly allowance from the Judges'
Retirement System, or a retired judge, if there is no spouse or
eligible child, may designate a beneficiary to receive the pro rata
allowance remaining payable in the month of his or her death. The
designation may be made, changed or revoked at any time, provided
that it is made in writing and filed with the Judges' Retirement
System.
75000. This chapter shall be known and may be cited as the "Judges'
Retirement Law."
The retirement system established by this chapter shall be known
and may be cited as the "Judges' Retirement System."
75001. Unless the context otherwise requires, the definitions and
general provisions set forth in this article govern the construction
of this chapter.
75002. "Judge" means a justice of the Supreme Court or of a court
of appeal, or a judge of a superior court, municipal court, or
justice court. A retired justice court judge does not acquire status
as a judge for the purposes of this chapter by reason of designation
as a judge pro tempore of, or assignment by the Chairperson of the
Judicial Council to, any of these courts.
"Judge" shall not mean a justice court judge who elected pursuant
to Section 75029.5 to be restored to membership in the Public
Employees' Retirement System.
75003. "Salary" means the compensation received by a judge as the
emolument of the office of judge, and as limited by Section 75075.02,
but, except as provided by Section 75076.2, does not include any
additional compensation received by reason of designation as a judge
pro tempore, assignment by the Chairperson of the Judicial Council,
or the additional compensation pursuant to Section 68203.1.
75004. "Service" means the period of time a person has made
contributions by reason of holding office as a judge of any one or
more of the courts of this state specified in Section 75002, computed
in years and fractions of years.
75005. Notwithstanding any other provision of law, this chapter
shall be administered and governed by the Board of Administration of
the Public Employees' Retirement System in accordance with the Public
Employees' Retirement Law to the same extent and with the same
effect as if those provisions are contained in the Judges' Retirement
Law, except for those provisions which provide for the payment of an
allowance or other benefit and except for those provisions which
conflict with any provision of the Judges' Retirement Law. "State
Controller" or "Controller" as used in this chapter, or any other
provision of law relating to the chapter, shall be construed to refer
to and mean the "Board of Administration of the Public Employees'
Retirement System"; however, the Controller shall continue to perform
the duties prescribed in Sections 75092, 75097, 75101, and 75102.
All payments from the Judges' Retirement Fund shall be made upon
warrants drawn by the Controller upon demands by the Board of
Administration of the Public Employees' Retirement System.
75006. (a) Any allowance payable to a retired judge or to a
surviving spouse or to an eligible surviving child which has accrued
and remained unpaid at the time of the judge's or the surviving
spouse's or surviving child's death, or any unclaimed warrant issued
prior to the date of death and returned to the system, shall be paid
pursuant to the following order:
(1) The survivor entitled to an allowance payable by this system.
(2) The beneficiary designated by the surviving spouse, eligible
surviving child, or retired judge if there is no eligible survivor.
(3) The estate of the deceased, if there is no one entitled to
payment under paragraph (1) or (2). The payment to the estate shall
be paid to either the estate of the deceased or the duly authorized
representative or representatives of the estate when this system
receives a court order appointing an executor, administrator, or
personal representative.
(4) If the estate does not require probate and the deceased has a
trust, the payment may, in the judgment of the board, be paid to the
successor trustee named in the trust.
(5) If the estate does not require probate and the deceased does
not have a trust, the payment may, in the judgment of the board, be
paid to the beneficiary or beneficiaries of the deceased named in a
valid will.
(b) If there is no qualifying beneficiary pursuant to paragraphs
(1) to (5), inclusive, of subdivision (a), the payment shall be paid
to the surviving next of kin of the deceased pursuant to the order of
distribution specified in Section 21493.
75006.6. The surviving spouse or eligible surviving child of a
deceased judge who is receiving a monthly allowance from the Judges'
Retirement System, or a retired judge, if there is no spouse or
eligible child, may designate a beneficiary to receive the pro rata
allowance remaining payable in the month of his or her death. The
designation may be made, changed or revoked at any time, provided
that it is made in writing and filed with the Judges' Retirement
System.
