State Codes and Statutes

Statutes > California > Gov > 9355-9355.8

GOVERNMENT CODE
SECTION 9355-9355.8



9355.  Any Member of the Senate or Assembly may file with the board
at any time during incumbency in that office, a written election to
become a member of this system. Upon the filing of the election he or
she becomes a member of this system on the first day of the month
following the filing of the election.


9355.1.  A person ceases to be a member of this system:
   (a) Upon retirement pursuant to this chapter.
   (b) Upon death.
   (c) Except as provided in Section 9355.2 or while absent on
military service, on the 31st day after he or she ceases to be a
legislator.
   (d) Upon resignation from membership in this system.




9355.16.  Any member of this system who is charged, by indictment,
with the commission of any felony involving the accepting or giving,
or offering to accept or give, any bribe, the embezzlement of public
money, extortion, theft of public funds, perjury, or conspiracy to
commit any of these crimes, arising directly out of his or her
official duties, and who is a fugitive from justice, shall be
suspended from membership in this system while the charge is pending
and until final disposition of the charge. At any time during the
period of suspension of membership, the person so suspended shall be
entitled to withdraw his or her accumulated contributions from the
system, and any withdrawal shall constitute an election to terminate
membership in the system.
   This section applies only to persons who are charged with the
commission after the effective date of this section of a felony
described in this section by an indictment filed after the effective
date of this section.



9355.2.  Notwithstanding any other provision of this chapter, if the
service of a member is discontinued by any means other than death or
retirement pursuant to this chapter, he or she shall have the right
to elect not later than 90 days after the date upon which notice of
that right is mailed by this system by registered mail to the member'
s latest address on file in the office of this system, and without
right of revocation, whether to allow his or her accumulated
contributions to remain in the fund. Failure to make that election
shall be deemed an irrevocable election to resign from this system
and withdraw his or her accumulated contributions. A member whose
membership continues under this section is subject to the same age
requirements as apply to other members for retirement, and upon
qualification for retirement by age, he or she shall, upon his or her
application therefor to the board, be retired, and receive a
retirement allowance based upon the service with which he or she is
credited, in the same manner as other members of this system.




9355.3.  Any member may resign from this system at any time prior to
retirement, by written resignation filed with the Board of
Administration.


9355.4.  Every elective officer of the state whose office is
provided for by the California Constitution, except judges, may
become a member of this system. Except for judges, every elective
officer in office at the time this section becomes effective may,
within 90 days after the effective date, file with the board a
written election to become a member of this system. Except for
judges, every elective officer elected after the effective date of
this section may file an election within 90 days after the
commencement of the first term of office for which he or she is
elected. Upon the filing of the election he or she becomes a member
of this system on the first day of the month following the filing of
the election.



9355.41.  The Insurance Commissioner may become a member of this
system as provided in this section. An Insurance Commissioner who is
elected after January 1, 1994, may file an election within 90 days
after the commencement of the term of office for which he or she is
elected. Upon the filing of the election he or she becomes a member
of this system on the first day of the month following the filing of
the election.



9355.45.  Every legislative statutory officer may become a member of
this system. Every such officer in office at the time this section
becomes effective may, within 90 days after the effective date, file
with the board a written election to become a member of this system.
Every such officer, elected after the effective date of this section,
may file an election within 90 days after the commencement of the
first term of office for which he or she is elected after attaining
status as a legislative statutory officer. Upon the filing of the
election he or she becomes a member of this system on the first day
of the month following the filing of the election.



9355.5.  Membership in this system is exclusive of membership in any
other retirement system for state officers and employees. Upon
becoming a member of this system, a member ceases to be a member of
any other retirement system for state officers and employees of which
he or she has been a member. The member is entitled to credit for
service rendered prior to membership in this system pursuant to
Section 9356.1, but is not entitled to that credit and credit for the
same service in any other system.



9355.6.  A member is absent on military service while serving with
the armed forces of the United States, either during a war as defined
in Section 18 of the Military and Veterans Code, or in any other
national emergency or in time of peace if he is drafted for such
service by the United States Government, and for six months
thereafter.



9355.7.  Any member who, while serving a term of office as a Member
of the Senate or Assembly, is elected or appointed to another public
office and resigns his or her office as Member of the Senate or
Assembly shall be credited with a period of service equal to the
remainder of his or her term as Member of the Senate or Assembly if
he or she makes contributions therefor to the Legislators' Retirement
Fund. Those contributions shall be in an amount equal to that which
he or she would have made if he or she had served as a Member of the
Senate or Assembly during the remainder of his or her term and had
received the salary that he or she was receiving on the effective
date of such resignation.


9355.8.  For purposes of Section 9355.7, "public office" includes,
but is not limited to, positions within the federal government that
require appointment by the President of the United States or his or
her delegate or a member of the President's Cabinet or his or her
delegate, if the person so appointed is thereafter again elected as a
Member of the Senate or Assembly.
   This section shall have retroactive application, as well as
prospective application, but this section shall not deprive a member
of credit for any service credited to him or her on the effective
date of this section.


State Codes and Statutes

Statutes > California > Gov > 9355-9355.8

GOVERNMENT CODE
SECTION 9355-9355.8



9355.  Any Member of the Senate or Assembly may file with the board
at any time during incumbency in that office, a written election to
become a member of this system. Upon the filing of the election he or
she becomes a member of this system on the first day of the month
following the filing of the election.


9355.1.  A person ceases to be a member of this system:
   (a) Upon retirement pursuant to this chapter.
   (b) Upon death.
   (c) Except as provided in Section 9355.2 or while absent on
military service, on the 31st day after he or she ceases to be a
legislator.
   (d) Upon resignation from membership in this system.




9355.16.  Any member of this system who is charged, by indictment,
with the commission of any felony involving the accepting or giving,
or offering to accept or give, any bribe, the embezzlement of public
money, extortion, theft of public funds, perjury, or conspiracy to
commit any of these crimes, arising directly out of his or her
official duties, and who is a fugitive from justice, shall be
suspended from membership in this system while the charge is pending
and until final disposition of the charge. At any time during the
period of suspension of membership, the person so suspended shall be
entitled to withdraw his or her accumulated contributions from the
system, and any withdrawal shall constitute an election to terminate
membership in the system.
   This section applies only to persons who are charged with the
commission after the effective date of this section of a felony
described in this section by an indictment filed after the effective
date of this section.



9355.2.  Notwithstanding any other provision of this chapter, if the
service of a member is discontinued by any means other than death or
retirement pursuant to this chapter, he or she shall have the right
to elect not later than 90 days after the date upon which notice of
that right is mailed by this system by registered mail to the member'
s latest address on file in the office of this system, and without
right of revocation, whether to allow his or her accumulated
contributions to remain in the fund. Failure to make that election
shall be deemed an irrevocable election to resign from this system
and withdraw his or her accumulated contributions. A member whose
membership continues under this section is subject to the same age
requirements as apply to other members for retirement, and upon
qualification for retirement by age, he or she shall, upon his or her
application therefor to the board, be retired, and receive a
retirement allowance based upon the service with which he or she is
credited, in the same manner as other members of this system.




9355.3.  Any member may resign from this system at any time prior to
retirement, by written resignation filed with the Board of
Administration.


9355.4.  Every elective officer of the state whose office is
provided for by the California Constitution, except judges, may
become a member of this system. Except for judges, every elective
officer in office at the time this section becomes effective may,
within 90 days after the effective date, file with the board a
written election to become a member of this system. Except for
judges, every elective officer elected after the effective date of
this section may file an election within 90 days after the
commencement of the first term of office for which he or she is
elected. Upon the filing of the election he or she becomes a member
of this system on the first day of the month following the filing of
the election.



9355.41.  The Insurance Commissioner may become a member of this
system as provided in this section. An Insurance Commissioner who is
elected after January 1, 1994, may file an election within 90 days
after the commencement of the term of office for which he or she is
elected. Upon the filing of the election he or she becomes a member
of this system on the first day of the month following the filing of
the election.



9355.45.  Every legislative statutory officer may become a member of
this system. Every such officer in office at the time this section
becomes effective may, within 90 days after the effective date, file
with the board a written election to become a member of this system.
Every such officer, elected after the effective date of this section,
may file an election within 90 days after the commencement of the
first term of office for which he or she is elected after attaining
status as a legislative statutory officer. Upon the filing of the
election he or she becomes a member of this system on the first day
of the month following the filing of the election.



9355.5.  Membership in this system is exclusive of membership in any
other retirement system for state officers and employees. Upon
becoming a member of this system, a member ceases to be a member of
any other retirement system for state officers and employees of which
he or she has been a member. The member is entitled to credit for
service rendered prior to membership in this system pursuant to
Section 9356.1, but is not entitled to that credit and credit for the
same service in any other system.



9355.6.  A member is absent on military service while serving with
the armed forces of the United States, either during a war as defined
in Section 18 of the Military and Veterans Code, or in any other
national emergency or in time of peace if he is drafted for such
service by the United States Government, and for six months
thereafter.



9355.7.  Any member who, while serving a term of office as a Member
of the Senate or Assembly, is elected or appointed to another public
office and resigns his or her office as Member of the Senate or
Assembly shall be credited with a period of service equal to the
remainder of his or her term as Member of the Senate or Assembly if
he or she makes contributions therefor to the Legislators' Retirement
Fund. Those contributions shall be in an amount equal to that which
he or she would have made if he or she had served as a Member of the
Senate or Assembly during the remainder of his or her term and had
received the salary that he or she was receiving on the effective
date of such resignation.


9355.8.  For purposes of Section 9355.7, "public office" includes,
but is not limited to, positions within the federal government that
require appointment by the President of the United States or his or
her delegate or a member of the President's Cabinet or his or her
delegate, if the person so appointed is thereafter again elected as a
Member of the Senate or Assembly.
   This section shall have retroactive application, as well as
prospective application, but this section shall not deprive a member
of credit for any service credited to him or her on the effective
date of this section.



State Codes and Statutes

State Codes and Statutes

Statutes > California > Gov > 9355-9355.8

GOVERNMENT CODE
SECTION 9355-9355.8



9355.  Any Member of the Senate or Assembly may file with the board
at any time during incumbency in that office, a written election to
become a member of this system. Upon the filing of the election he or
she becomes a member of this system on the first day of the month
following the filing of the election.


9355.1.  A person ceases to be a member of this system:
   (a) Upon retirement pursuant to this chapter.
   (b) Upon death.
   (c) Except as provided in Section 9355.2 or while absent on
military service, on the 31st day after he or she ceases to be a
legislator.
   (d) Upon resignation from membership in this system.




9355.16.  Any member of this system who is charged, by indictment,
with the commission of any felony involving the accepting or giving,
or offering to accept or give, any bribe, the embezzlement of public
money, extortion, theft of public funds, perjury, or conspiracy to
commit any of these crimes, arising directly out of his or her
official duties, and who is a fugitive from justice, shall be
suspended from membership in this system while the charge is pending
and until final disposition of the charge. At any time during the
period of suspension of membership, the person so suspended shall be
entitled to withdraw his or her accumulated contributions from the
system, and any withdrawal shall constitute an election to terminate
membership in the system.
   This section applies only to persons who are charged with the
commission after the effective date of this section of a felony
described in this section by an indictment filed after the effective
date of this section.



9355.2.  Notwithstanding any other provision of this chapter, if the
service of a member is discontinued by any means other than death or
retirement pursuant to this chapter, he or she shall have the right
to elect not later than 90 days after the date upon which notice of
that right is mailed by this system by registered mail to the member'
s latest address on file in the office of this system, and without
right of revocation, whether to allow his or her accumulated
contributions to remain in the fund. Failure to make that election
shall be deemed an irrevocable election to resign from this system
and withdraw his or her accumulated contributions. A member whose
membership continues under this section is subject to the same age
requirements as apply to other members for retirement, and upon
qualification for retirement by age, he or she shall, upon his or her
application therefor to the board, be retired, and receive a
retirement allowance based upon the service with which he or she is
credited, in the same manner as other members of this system.




9355.3.  Any member may resign from this system at any time prior to
retirement, by written resignation filed with the Board of
Administration.


9355.4.  Every elective officer of the state whose office is
provided for by the California Constitution, except judges, may
become a member of this system. Except for judges, every elective
officer in office at the time this section becomes effective may,
within 90 days after the effective date, file with the board a
written election to become a member of this system. Except for
judges, every elective officer elected after the effective date of
this section may file an election within 90 days after the
commencement of the first term of office for which he or she is
elected. Upon the filing of the election he or she becomes a member
of this system on the first day of the month following the filing of
the election.



9355.41.  The Insurance Commissioner may become a member of this
system as provided in this section. An Insurance Commissioner who is
elected after January 1, 1994, may file an election within 90 days
after the commencement of the term of office for which he or she is
elected. Upon the filing of the election he or she becomes a member
of this system on the first day of the month following the filing of
the election.



9355.45.  Every legislative statutory officer may become a member of
this system. Every such officer in office at the time this section
becomes effective may, within 90 days after the effective date, file
with the board a written election to become a member of this system.
Every such officer, elected after the effective date of this section,
may file an election within 90 days after the commencement of the
first term of office for which he or she is elected after attaining
status as a legislative statutory officer. Upon the filing of the
election he or she becomes a member of this system on the first day
of the month following the filing of the election.



9355.5.  Membership in this system is exclusive of membership in any
other retirement system for state officers and employees. Upon
becoming a member of this system, a member ceases to be a member of
any other retirement system for state officers and employees of which
he or she has been a member. The member is entitled to credit for
service rendered prior to membership in this system pursuant to
Section 9356.1, but is not entitled to that credit and credit for the
same service in any other system.



9355.6.  A member is absent on military service while serving with
the armed forces of the United States, either during a war as defined
in Section 18 of the Military and Veterans Code, or in any other
national emergency or in time of peace if he is drafted for such
service by the United States Government, and for six months
thereafter.



9355.7.  Any member who, while serving a term of office as a Member
of the Senate or Assembly, is elected or appointed to another public
office and resigns his or her office as Member of the Senate or
Assembly shall be credited with a period of service equal to the
remainder of his or her term as Member of the Senate or Assembly if
he or she makes contributions therefor to the Legislators' Retirement
Fund. Those contributions shall be in an amount equal to that which
he or she would have made if he or she had served as a Member of the
Senate or Assembly during the remainder of his or her term and had
received the salary that he or she was receiving on the effective
date of such resignation.


9355.8.  For purposes of Section 9355.7, "public office" includes,
but is not limited to, positions within the federal government that
require appointment by the President of the United States or his or
her delegate or a member of the President's Cabinet or his or her
delegate, if the person so appointed is thereafter again elected as a
Member of the Senate or Assembly.
   This section shall have retroactive application, as well as
prospective application, but this section shall not deprive a member
of credit for any service credited to him or her on the effective
date of this section.