75075. Any judge hereafter retiring pursuant to Section 75025 or
75060 may elect to receive the benefits accorded by this article if
he or she retires for service or disability.
Every judge who qualifies under this section shall be deemed to
elect to receive the benefits accorded by this article, unless he or
she makes an election to the contrary by filing written notice
thereof with the Judges' Retirement System at or prior to retirement.
Any judge whose service would qualify him or her for any benefits
under this article if the total of the service included an additional
60 days, shall be deemed to have credited to him or her, sufficient
service to qualify for the benefit.
75075.01. (a) Notwithstanding any other provision of this part, the
benefits payable to any person who for the first time becomes a
member on or after January 1, 1990, shall be subject to the
limitations set forth in Section 415 of the Internal Revenue Code.
(b) Notwithstanding any other law, the benefits payable to any
person who became a member prior to January 1, 1990, shall be subject
to the greater of the following limitations as provided in Section
415(b)(10) of the Internal Revenue Code:
(1) The limitations set forth in Section 415 of the Internal
Revenue Code.
(2) The accrued benefit of a member under this system (determined
without regard to any amendment to the system made after October 14,
1987).
75075.02. The benefits payable to any person who first becomes a
member of this system on or after July 1, 1996, shall not exceed the
limitations in Section 401(a) of Title 26 of the United States Code
upon public retirement systems, as that section may be amended from
time to time and as that limit may be adjusted by the Commissioner of
Internal Revenue for increases in cost of living. The determination
of compensation for each 12-month period shall be subject to the
annual compensation limit in effect for that calendar year. In a
determination of average annual compensation over more than one
12-month period, the amount of compensation taken into account for
each 12-month period shall be subject to the applicable annual
compensation limit.
75076. (a) A judge who qualifies, as prescribed in Section 75075,
to receive the benefits accorded by this article shall receive a
retirement allowance equal to 65 percent of the salary payable, at
the time payment of the allowance falls due, to the judge holding the
judicial office to which he or she was last elected or appointed;
except that if upon retirement a judge has received credit for 20 or
more years of service rendered prior to the expiration of the time
within which the judge is eligible to elect to receive the benefits
accorded by this article and for which he or she has contributed to
the Judges' Retirement Fund his or her retirement allowance shall
equal 75 percent of that salary.
(b) Any judge retiring after July 7, 1960, who has or shall become
entitled to credit for service as a judge of a court of record prior
to the inclusion of the judges of those courts, or of all of those
courts, under the Judges' Retirement Law, or as a "judge of an
excluded court" as defined by Section 75029, or as a "constitutional
officer" or "public legal officer" as defined by Section 75030.5,
without having contributed therefor to the Judges' Retirement Fund,
may at any time prior to retirement contribute for all or any part of
that service by paying into the fund a sum of money computed by
applying to the rate of salary which he or she actually received
during his or her first year of service as a judge the rate of
deduction first applicable to his or her salary as a judge after the
inclusion of the judges of his or her court under the Judges'
Retirement Law, multiplied by the period of service for which
contributions are elected to be made, plus interest at 3 percent a
year to the date of his or her payment upon the amounts of the
deductions and from the respective dates they would have been made if
he or she had been the holder of a judicial office subject to the
provisions of the Judges' Retirement Law at the time of the rendition
of the services for which he or she has received or hereafter
receives that credit.
The amount of any contribution authorized by this subdivision and
interest thereon shall be determined by the Judges' Retirement System
in accordance with this subdivision.
(c) If the judge retires pursuant to Section 75025, the allowance
is payable during the remainder of his or her life; if pursuant to
Section 75060, it is payable as provided in Section 75060.6.
75076.1. If a community property benefit has been awarded to a
judge's ex-spouse pursuant to Article 2.5 (commencing with Section
75050), the percent of the salary payable to the judge who retires
under Section 75025 or 75060 shall be computed at the rate of 65
percent of the salary payable, at the time payment of the allowance
falls due, to the judge holding the judicial office to which he or
she was last elected or appointed, less the percentage awarded to the
ex-spouse, or 75 percent of the salary payable less the percentage
of the amount awarded to the ex-spouse if the judge has served at
least 20 years of service at the time of his or her retirement. In no
instance, regardless of the total number of years of judicial
service, shall the retirement allowance percentage awarded the judge
when combined with the percentage awarded the ex-spouse exceed the
maximum amount allowable under the pertinent section under which the
judge retired.
75076.2. A judge who renders part-time service after January 1,
1990, shall receive a reduced retirement allowance. The reduction
shall be based upon the relationship between the actual service
rendered by the judge, including service rendered by reason of
sitting on assignment, and a full-time judge's service during the
period from January 1, 1990, until the date of retirement.
Computations under this section and subdivision (a) of Section 75076
shall consider the salary payable to the judge of a municipal or
justice court to be equal to 91.3225 percent of the salary of a
superior court judge. For purposes of qualifying for retirement,
part-time service shall be the equivalent of full-time service.
75076.5. Notwithstanding any other provision of law, in no event
shall an allowance payable pursuant to this chapter to a retired
member on the effective date of a reduction in judges' salaries ever
be reduced to an amount less than the amount produced by multiplying
the amount of the highest salary the retired member was paid while
serving as a judge by the following percentages:
(a) For an allowance computed pursuant to Section 75032, 50
percent.
(b) For an allowance computed pursuant to the first clause of
subdivision (a) of Section 75076, 65 percent.
(c) For an allowance computed pursuant to the second clause of
subdivision (a) of Section 75076, 75 percent.
(d) For an allowance computed pursuant to Section 75033 or
75033.5, the percentage used to calculate the original retirement
allowance pursuant to Section 75033 or 75033.5.
75077. The surviving spouse of a judge who qualifies, as prescribed
in Section 75075, to receive the benefits accorded by this article
and who dies during retirement shall receive, until death, an
allowance equal to one-half of the retirement allowance that would be
payable to the judge if he or she were living and receiving the
benefits accorded by this article.
75077.5. For a judge who dies after retirement, the spouse of a
judge at death may receive benefits payable to a surviving spouse
under this chapter only if the spouse was married to the judge as of
January 1, 1980, or continuously for a period beginning one year
prior to the date of retirement and ending with the judge's death.
It is the intent of the Legislature that this section apply to all
judges first appointed or elected to office on and after January 1,
1980, or to any judge who marries on or after January 1, 1980.
75078. The allowance to the judge and to his surviving spouse under
this article shall be paid by the State at the times and in the
manner provided for the payment of salaries of justices of the
Supreme Court.
75079. (a) When a judge elects and becomes entitled to receive the
benefits accorded by this article, he or she does not have the right
to select an optional settlement under the provisions of Article 3.5
(commencing with Section 75070) of this chapter.
(b) When a judge becomes entitled on and after January 1, 1987, to
receive the benefits accorded by this article, the judge may instead
elect an actuarially reduced retirement allowance payable for life
and if the judge dies before he or she receives the amount of his or
her accumulated contributions at retirement, the remaining unpaid
amount of his or her accumulated contributions shall be paid to his
or her designated beneficiary, if he or she has so designated, and if
none, to his or her estate.
The election shall be made in writing and filed with the Judges'
Retirement System prior to the making of the first payment on account
of any retirement allowance.
(c) The surviving spouse of a judge who qualifies, as prescribed
in Section 75075, to receive the benefits accorded by Section 75076
but who elected to receive the actuarially reduced retirement
allowance as provided in subdivision (b) and who dies during
retirement shall receive, until death, an allowance equal to one-half
of the retirement allowance that would have been payable to the
judge if he or she were living and had elected to receive the
benefits accorded by Section 75076.
75079.5. Notwithstanding any other provision of this part, a judge
who retires on or after January 1, 2002, and who elects to retire
pursuant to Section 75025 shall have the right to elect an optional
settlement pursuant to Article 3.5 (commencing with Section 75070).
75075. Any judge hereafter retiring pursuant to Section 75025 or
75060 may elect to receive the benefits accorded by this article if
he or she retires for service or disability.
Every judge who qualifies under this section shall be deemed to
elect to receive the benefits accorded by this article, unless he or
she makes an election to the contrary by filing written notice
thereof with the Judges' Retirement System at or prior to retirement.
Any judge whose service would qualify him or her for any benefits
under this article if the total of the service included an additional
60 days, shall be deemed to have credited to him or her, sufficient
service to qualify for the benefit.
75075.01. (a) Notwithstanding any other provision of this part, the
benefits payable to any person who for the first time becomes a
member on or after January 1, 1990, shall be subject to the
limitations set forth in Section 415 of the Internal Revenue Code.
(b) Notwithstanding any other law, the benefits payable to any
person who became a member prior to January 1, 1990, shall be subject
to the greater of the following limitations as provided in Section
415(b)(10) of the Internal Revenue Code:
(1) The limitations set forth in Section 415 of the Internal
Revenue Code.
(2) The accrued benefit of a member under this system (determined
without regard to any amendment to the system made after October 14,
1987).
75075.02. The benefits payable to any person who first becomes a
member of this system on or after July 1, 1996, shall not exceed the
limitations in Section 401(a) of Title 26 of the United States Code
upon public retirement systems, as that section may be amended from
time to time and as that limit may be adjusted by the Commissioner of
Internal Revenue for increases in cost of living. The determination
of compensation for each 12-month period shall be subject to the
annual compensation limit in effect for that calendar year. In a
determination of average annual compensation over more than one
12-month period, the amount of compensation taken into account for
each 12-month period shall be subject to the applicable annual
compensation limit.
75076. (a) A judge who qualifies, as prescribed in Section 75075,
to receive the benefits accorded by this article shall receive a
retirement allowance equal to 65 percent of the salary payable, at
the time payment of the allowance falls due, to the judge holding the
judicial office to which he or she was last elected or appointed;
except that if upon retirement a judge has received credit for 20 or
more years of service rendered prior to the expiration of the time
within which the judge is eligible to elect to receive the benefits
accorded by this article and for which he or she has contributed to
the Judges' Retirement Fund his or her retirement allowance shall
equal 75 percent of that salary.
(b) Any judge retiring after July 7, 1960, who has or shall become
entitled to credit for service as a judge of a court of record prior
to the inclusion of the judges of those courts, or of all of those
courts, under the Judges' Retirement Law, or as a "judge of an
excluded court" as defined by Section 75029, or as a "constitutional
officer" or "public legal officer" as defined by Section 75030.5,
without having contributed therefor to the Judges' Retirement Fund,
may at any time prior to retirement contribute for all or any part of
that service by paying into the fund a sum of money computed by
applying to the rate of salary which he or she actually received
during his or her first year of service as a judge the rate of
deduction first applicable to his or her salary as a judge after the
inclusion of the judges of his or her court under the Judges'
Retirement Law, multiplied by the period of service for which
contributions are elected to be made, plus interest at 3 percent a
year to the date of his or her payment upon the amounts of the
deductions and from the respective dates they would have been made if
he or she had been the holder of a judicial office subject to the
provisions of the Judges' Retirement Law at the time of the rendition
of the services for which he or she has received or hereafter
receives that credit.
The amount of any contribution authorized by this subdivision and
interest thereon shall be determined by the Judges' Retirement System
in accordance with this subdivision.
(c) If the judge retires pursuant to Section 75025, the allowance
is payable during the remainder of his or her life; if pursuant to
Section 75060, it is payable as provided in Section 75060.6.
75076.1. If a community property benefit has been awarded to a
judge's ex-spouse pursuant to Article 2.5 (commencing with Section
75050), the percent of the salary payable to the judge who retires
under Section 75025 or 75060 shall be computed at the rate of 65
percent of the salary payable, at the time payment of the allowance
falls due, to the judge holding the judicial office to which he or
she was last elected or appointed, less the percentage awarded to the
ex-spouse, or 75 percent of the salary payable less the percentage
of the amount awarded to the ex-spouse if the judge has served at
least 20 years of service at the time of his or her retirement. In no
instance, regardless of the total number of years of judicial
service, shall the retirement allowance percentage awarded the judge
when combined with the percentage awarded the ex-spouse exceed the
maximum amount allowable under the pertinent section under which the
judge retired.
75076.2. A judge who renders part-time service after January 1,
1990, shall receive a reduced retirement allowance. The reduction
shall be based upon the relationship between the actual service
rendered by the judge, including service rendered by reason of
sitting on assignment, and a full-time judge's service during the
period from January 1, 1990, until the date of retirement.
Computations under this section and subdivision (a) of Section 75076
shall consider the salary payable to the judge of a municipal or
justice court to be equal to 91.3225 percent of the salary of a
superior court judge. For purposes of qualifying for retirement,
part-time service shall be the equivalent of full-time service.
75076.5. Notwithstanding any other provision of law, in no event
shall an allowance payable pursuant to this chapter to a retired
member on the effective date of a reduction in judges' salaries ever
be reduced to an amount less than the amount produced by multiplying
the amount of the highest salary the retired member was paid while
serving as a judge by the following percentages:
(a) For an allowance computed pursuant to Section 75032, 50
percent.
(b) For an allowance computed pursuant to the first clause of
subdivision (a) of Section 75076, 65 percent.
(c) For an allowance computed pursuant to the second clause of
subdivision (a) of Section 75076, 75 percent.
(d) For an allowance computed pursuant to Section 75033 or
75033.5, the percentage used to calculate the original retirement
allowance pursuant to Section 75033 or 75033.5.
75077. The surviving spouse of a judge who qualifies, as prescribed
in Section 75075, to receive the benefits accorded by this article
and who dies during retirement shall receive, until death, an
allowance equal to one-half of the retirement allowance that would be
payable to the judge if he or she were living and receiving the
benefits accorded by this article.
75077.5. For a judge who dies after retirement, the spouse of a
judge at death may receive benefits payable to a surviving spouse
under this chapter only if the spouse was married to the judge as of
January 1, 1980, or continuously for a period beginning one year
prior to the date of retirement and ending with the judge's death.
It is the intent of the Legislature that this section apply to all
judges first appointed or elected to office on and after January 1,
1980, or to any judge who marries on or after January 1, 1980.
75078. The allowance to the judge and to his surviving spouse under
this article shall be paid by the State at the times and in the
manner provided for the payment of salaries of justices of the
Supreme Court.
75079. (a) When a judge elects and becomes entitled to receive the
benefits accorded by this article, he or she does not have the right
to select an optional settlement under the provisions of Article 3.5
(commencing with Section 75070) of this chapter.
(b) When a judge becomes entitled on and after January 1, 1987, to
receive the benefits accorded by this article, the judge may instead
elect an actuarially reduced retirement allowance payable for life
and if the judge dies before he or she receives the amount of his or
her accumulated contributions at retirement, the remaining unpaid
amount of his or her accumulated contributions shall be paid to his
or her designated beneficiary, if he or she has so designated, and if
none, to his or her estate.
The election shall be made in writing and filed with the Judges'
Retirement System prior to the making of the first payment on account
of any retirement allowance.
(c) The surviving spouse of a judge who qualifies, as prescribed
in Section 75075, to receive the benefits accorded by Section 75076
but who elected to receive the actuarially reduced retirement
allowance as provided in subdivision (b) and who dies during
retirement shall receive, until death, an allowance equal to one-half
of the retirement allowance that would have been payable to the
judge if he or she were living and had elected to receive the
benefits accorded by Section 75076.
75079.5. Notwithstanding any other provision of this part, a judge
who retires on or after January 1, 2002, and who elects to retire
pursuant to Section 75025 shall have the right to elect an optional
settlement pursuant to Article 3.5 (commencing with Section 75070).
75075. Any judge hereafter retiring pursuant to Section 75025 or
75060 may elect to receive the benefits accorded by this article if
he or she retires for service or disability.
Every judge who qualifies under this section shall be deemed to
elect to receive the benefits accorded by this article, unless he or
she makes an election to the contrary by filing written notice
thereof with the Judges' Retirement System at or prior to retirement.
Any judge whose service would qualify him or her for any benefits
under this article if the total of the service included an additional
60 days, shall be deemed to have credited to him or her, sufficient
service to qualify for the benefit.
75075.01. (a) Notwithstanding any other provision of this part, the
benefits payable to any person who for the first time becomes a
member on or after January 1, 1990, shall be subject to the
limitations set forth in Section 415 of the Internal Revenue Code.
(b) Notwithstanding any other law, the benefits payable to any
person who became a member prior to January 1, 1990, shall be subject
to the greater of the following limitations as provided in Section
415(b)(10) of the Internal Revenue Code:
(1) The limitations set forth in Section 415 of the Internal
Revenue Code.
(2) The accrued benefit of a member under this system (determined
without regard to any amendment to the system made after October 14,
1987).
75075.02. The benefits payable to any person who first becomes a
member of this system on or after July 1, 1996, shall not exceed the
limitations in Section 401(a) of Title 26 of the United States Code
upon public retirement systems, as that section may be amended from
time to time and as that limit may be adjusted by the Commissioner of
Internal Revenue for increases in cost of living. The determination
of compensation for each 12-month period shall be subject to the
annual compensation limit in effect for that calendar year. In a
determination of average annual compensation over more than one
12-month period, the amount of compensation taken into account for
each 12-month period shall be subject to the applicable annual
compensation limit.
75076. (a) A judge who qualifies, as prescribed in Section 75075,
to receive the benefits accorded by this article shall receive a
retirement allowance equal to 65 percent of the salary payable, at
the time payment of the allowance falls due, to the judge holding the
judicial office to which he or she was last elected or appointed;
except that if upon retirement a judge has received credit for 20 or
more years of service rendered prior to the expiration of the time
within which the judge is eligible to elect to receive the benefits
accorded by this article and for which he or she has contributed to
the Judges' Retirement Fund his or her retirement allowance shall
equal 75 percent of that salary.
(b) Any judge retiring after July 7, 1960, who has or shall become
entitled to credit for service as a judge of a court of record prior
to the inclusion of the judges of those courts, or of all of those
courts, under the Judges' Retirement Law, or as a "judge of an
excluded court" as defined by Section 75029, or as a "constitutional
officer" or "public legal officer" as defined by Section 75030.5,
without having contributed therefor to the Judges' Retirement Fund,
may at any time prior to retirement contribute for all or any part of
that service by paying into the fund a sum of money computed by
applying to the rate of salary which he or she actually received
during his or her first year of service as a judge the rate of
deduction first applicable to his or her salary as a judge after the
inclusion of the judges of his or her court under the Judges'
Retirement Law, multiplied by the period of service for which
contributions are elected to be made, plus interest at 3 percent a
year to the date of his or her payment upon the amounts of the
deductions and from the respective dates they would have been made if
he or she had been the holder of a judicial office subject to the
provisions of the Judges' Retirement Law at the time of the rendition
of the services for which he or she has received or hereafter
receives that credit.
The amount of any contribution authorized by this subdivision and
interest thereon shall be determined by the Judges' Retirement System
in accordance with this subdivision.
(c) If the judge retires pursuant to Section 75025, the allowance
is payable during the remainder of his or her life; if pursuant to
Section 75060, it is payable as provided in Section 75060.6.
75076.1. If a community property benefit has been awarded to a
judge's ex-spouse pursuant to Article 2.5 (commencing with Section
75050), the percent of the salary payable to the judge who retires
under Section 75025 or 75060 shall be computed at the rate of 65
percent of the salary payable, at the time payment of the allowance
falls due, to the judge holding the judicial office to which he or
she was last elected or appointed, less the percentage awarded to the
ex-spouse, or 75 percent of the salary payable less the percentage
of the amount awarded to the ex-spouse if the judge has served at
least 20 years of service at the time of his or her retirement. In no
instance, regardless of the total number of years of judicial
service, shall the retirement allowance percentage awarded the judge
when combined with the percentage awarded the ex-spouse exceed the
maximum amount allowable under the pertinent section under which the
judge retired.
75076.2. A judge who renders part-time service after January 1,
1990, shall receive a reduced retirement allowance. The reduction
shall be based upon the relationship between the actual service
rendered by the judge, including service rendered by reason of
sitting on assignment, and a full-time judge's service during the
period from January 1, 1990, until the date of retirement.
Computations under this section and subdivision (a) of Section 75076
shall consider the salary payable to the judge of a municipal or
justice court to be equal to 91.3225 percent of the salary of a
superior court judge. For purposes of qualifying for retirement,
part-time service shall be the equivalent of full-time service.
75076.5. Notwithstanding any other provision of law, in no event
shall an allowance payable pursuant to this chapter to a retired
member on the effective date of a reduction in judges' salaries ever
be reduced to an amount less than the amount produced by multiplying
the amount of the highest salary the retired member was paid while
serving as a judge by the following percentages:
(a) For an allowance computed pursuant to Section 75032, 50
percent.
(b) For an allowance computed pursuant to the first clause of
subdivision (a) of Section 75076, 65 percent.
(c) For an allowance computed pursuant to the second clause of
subdivision (a) of Section 75076, 75 percent.
(d) For an allowance computed pursuant to Section 75033 or
75033.5, the percentage used to calculate the original retirement
allowance pursuant to Section 75033 or 75033.5.
75077. The surviving spouse of a judge who qualifies, as prescribed
in Section 75075, to receive the benefits accorded by this article
and who dies during retirement shall receive, until death, an
allowance equal to one-half of the retirement allowance that would be
payable to the judge if he or she were living and receiving the
benefits accorded by this article.
75077.5. For a judge who dies after retirement, the spouse of a
judge at death may receive benefits payable to a surviving spouse
under this chapter only if the spouse was married to the judge as of
January 1, 1980, or continuously for a period beginning one year
prior to the date of retirement and ending with the judge's death.
It is the intent of the Legislature that this section apply to all
judges first appointed or elected to office on and after January 1,
1980, or to any judge who marries on or after January 1, 1980.
75078. The allowance to the judge and to his surviving spouse under
this article shall be paid by the State at the times and in the
manner provided for the payment of salaries of justices of the
Supreme Court.
75079. (a) When a judge elects and becomes entitled to receive the
benefits accorded by this article, he or she does not have the right
to select an optional settlement under the provisions of Article 3.5
(commencing with Section 75070) of this chapter.
(b) When a judge becomes entitled on and after January 1, 1987, to
receive the benefits accorded by this article, the judge may instead
elect an actuarially reduced retirement allowance payable for life
and if the judge dies before he or she receives the amount of his or
her accumulated contributions at retirement, the remaining unpaid
amount of his or her accumulated contributions shall be paid to his
or her designated beneficiary, if he or she has so designated, and if
none, to his or her estate.
The election shall be made in writing and filed with the Judges'
Retirement System prior to the making of the first payment on account
of any retirement allowance.
(c) The surviving spouse of a judge who qualifies, as prescribed
in Section 75075, to receive the benefits accorded by Section 75076
but who elected to receive the actuarially reduced retirement
allowance as provided in subdivision (b) and who dies during
retirement shall receive, until death, an allowance equal to one-half
of the retirement allowance that would have been payable to the
judge if he or she were living and had elected to receive the
benefits accorded by Section 75076.
75079.5. Notwithstanding any other provision of this part, a judge
who retires on or after January 1, 2002, and who elects to retire
pursuant to Section 75025 shall have the right to elect an optional
settlement pursuant to Article 3.5 (commencing with Section 75070).
