State Codes and Statutes

Statutes > California > Gov > 20300-20309.5

GOVERNMENT CODE
SECTION 20300-20309.5



20300.  The following persons are excluded from membership in this
system:
   (a) Inmates of state or public agency institutions who are allowed
compensation for the service they are able to perform.
   (b) Independent contractors who are not employees.
   (c) Persons employed as student assistants in the state colleges
and persons employed as student aides in the special schools of the
State Department of Education and in the public schools of the state.
   (d) Persons employed as teacher assistants pursuant to Section
44926 of the Education Code.
   (e) Participants, other than staff officers and employees, in the
California Conservation Corps.
   (f) Persons employed as participants in a program of, and whose
wages are paid in whole or in part by federal funds in accordance
with, Section 1501 et seq. of Title 29 of the United States Code.
This subdivision does not apply with respect to persons employed in
job classes that provide eligibility for patrol or safety membership
or to the career staff employees of an employer.
   (g) All persons who are members in any teachers' retirement
system, as to the service in which they are members of any teachers'
retirement system.
   (h) Except as otherwise provided in this part, persons rendering
professional legal services to a city, other than the person holding
the office of city attorney, the office of assistant city attorney,
or an established position of deputy city attorney.
   (i) A person serving the university as a teacher in university
extension, whose compensation for that service is established on the
basis of class enrollment, either actual or estimated, with respect
to that service.
   (j) A person serving a California State University as a teacher in
extension service, whose compensation for that service is
established on the basis of class enrollment, either actual or
estimated, with respect to that service.
   (k) A teacher or academic employee of the university or any
California State University who is otherwise fully employed and who
serves as a teacher or in an academic capacity in any summer session
or intersession, for which he or she receives compensation
specifically attributable to that service in summer session or
intersession, with respect to that service.
   (l) A person who is employed under the California Senate Fellows,
the Assembly Fellowship, the Judicial Administration Fellowship, or
the Executive Fellowship programs.
   (m) Board members of the State Compensation Insurance Fund,
including those appointed by the Governor.



20301.  Except as otherwise provided in this section, any person who
on October 1, 1963, is employed by the university, and is a member
of any retirement system maintained by the university, or who after
that date enters university employment, shall be excluded from
membership in this system.
   A university member who is separated from university employment
due to layoff and who is reemployed by the university shall have the
right to elect, in accordance with regulations of the board of
regents, membership in this system in lieu of membership in any
retirement system maintained by the university, if written notice of
the election is filed with this system within 30 days after his or
her reemployment.
   Any member who is employed as a member of the police department or
fire department of the university and who elects, in accordance with
regulations of the board of regents, to become a sworn officer
member of a retirement system of the university in that employment
shall be excluded from membership in this system in that employment
after the date upon which he or she becomes a member of the
university system. The election shall not constitute a permanent
separation from state service for purposes of a right to refund of
accumulated contributions, but shall constitute a discontinuance of
employment as a member of this system and entry into employment as a
member of the university system within the meaning of Section 20895.




20303.  (a) Persons who are members of any other retirement or
pension system supported wholly or in part by funds of the United
States government, any state government, or any political subdivision
thereof and who are receiving credit in the other system for service
are, as to that service, excluded from this system.
   (b) (1) For the purpose of this section only, persons who are
receiving pensions, retirement allowances, or other payments, from
any source whatever, because of service rendered to an employer other
than the state and while they were not in state service, are not,
because of that receipt, members of any other retirement or pension
system.
   (2) For the purposes of this section only, persons who participate
in a deferred compensation plan established pursuant to Chapter 4
(commencing with Section 19993) or Chapter 8.6 (commencing with
Section 19999.3) of Part 2.6 or pursuant to Article 1.1 (commencing
with Section 53212) of Chapter 2 of Part 1 of Division 2 of Title 5,
are not, because of that participation, members of any other
retirement or pension system.
   (3) For the purposes of this section only, persons who participate
in a money purchase pension plan and trust that meets the
requirements of Section 401(a) of Title 26 of the United States Code
are not, because of that participation, members of any other
retirement or pension system, so long as the contracting agency has
received a ruling from the Internal Revenue Service stating that the
money purchase pension plan and trust qualifies under Section 401(a)
and furnishes proof thereof upon request by the board.
   (4) For the purposes of this section only, persons who participate
in a supplemental defined benefit plan maintained by their employer
that meets the requirements of Section 401(a) of Title 26 of the
United States Code are not, because of that participation, members of
another retirement or pension system, provided that all of the
following conditions exist:
   (A) The defined benefit plan provided under this part has been
designated as the employer's primary plan for the person.
   (B) The supplemental defined benefit plan has received a ruling
from the Internal Revenue Service stating that the plan qualifies
under Section 401(a) of Title 26 of the United States Code, and has
furnished proof thereof to the employer and, upon request, to the
board.
   (C) The person's participation in the supplemental defined benefit
plan does not, in any way, interfere with the person's rights to
membership in the defined benefit plan, or any benefit provided,
under this part.
   (5) For purposes of this section only, a person who elects
membership pursuant to Section 20326 is deemed, with respect to
service with the California National Guard, not to be a member of any
other retirement or pension system.



20304.  Notwithstanding Sections 20303 and 20894, nothing shall act
to prohibit the receipt of credit in this system, nor the payment of
benefits relating thereto, for service that is also being credited in
the federal system, and persons shall not be excluded from this
system as to the service that is being credited in the federal
system.



20305.  (a) An employee whose appointment or employment contract
does not fix a term of full-time, continuous employment in excess of
six months is excluded from this system unless:
   (1) He or she is a member at the time he or she renders that
service and is not otherwise excluded pursuant to this article or by
a provision of a contract.
   (2) His or her position requires regular, part-time service for
one year or longer for at least an average of 20 hours a week, or
requires service that is equivalent to at least an average of 20
hours a week for one year or longer, unless he or she elects
membership pursuant to Section 20325.
   (3) His or her employment is, in the opinion of the board, on a
seasonal, limited-term, on-call, emergency, intermittent, substitute,
or other irregular basis, and is compensated and meets one of the
following conditions:
   (A) The appointment or employment contract does not fix a term of
full-time, continuous employment in excess of six months, but
full-time employment continues for longer than six months, in which
case membership shall be effective not later than the first day of
the first pay period of the seventh month of employment.
   (B) The person completes 125 days, if employed on a per diem basis
or, if employed on other than a per diem basis, completes 1,000
hours within the fiscal year, in which case, membership shall be
effective not later than the first day of the first pay period of the
month following the month in which 125 days or 1,000 hours of
service were completed. For purposes of this subdivision, "day" means
each eight-hour period of employment worked by an employee paid on a
per diem basis so that membership is effective after he or she has
completed 1,000 hours of compensated service in a fiscal year.
   (C) The person is employed by the Department of Forestry and Fire
Protection in one of the positions that provide state safety
membership pursuant to Section 20400 or state peace
officer/firefighter membership pursuant to Section 20392.
   (4) He or she is a temporary faculty member of the California
State University and meets one of the following conditions:
   (A) He or she works two consecutive semesters or three consecutive
quarters at half-time or more, and is not otherwise excluded
pursuant to this article, in which case, membership shall be
effective with the start of the next consecutive semester or quarter
if the appointment requires service of half-time or more.
   (B) He or she works two consecutive semesters or three consecutive
quarters at a minimum teaching load of six weighted units, and is
not otherwise excluded pursuant to this article, in which case
membership shall be effective at the start of the next consecutive
semester or quarter, but not earlier than July 1, 2004, if the
appointment requires service of six weighted units or more. This
subparagraph does not apply to faculty members unless provided for in
a memorandum of understanding agreed upon, on or after January 1,
2003, pursuant to Chapter 12 (commencing with Section 3560) of
Division 4 of Title 1, or authorized by the Trustees of the
California State University for employees excluded from collective
bargaining.
   (5) He or she is a member of the Board of Prison Terms, the State
Personnel Board, or the State Air Resources Board and elects to
become a member pursuant to Section 20320.
   (6) He or she is participating in partial service retirement,
pursuant to Article 1.7 (commencing with Section 19996.30) of Chapter
7 of Part 2.6.
   (7) He or she is included by specific provision of the board
relating to the exclusion of less than full-time employees.
   (b) This section shall supersede any contract provision excluding
persons in any temporary or seasonal employment basis and shall apply
only to persons entering employment on and after January 1, 1975.
Except as provided in Section 20502, no contract or contract
amendment entered into after January 1, 1981, shall contain any
provision excluding persons on an irregular employment basis.



20306.  (a) Notwithstanding paragraph (1) of subdivision (a) of
Section 20305, an employee participating in this system, other than a
local safety member, who is credited with less than five years of
state service and whose service falls below the minimum service
prescribed by paragraph (2) of, or subparagraph (A) or (B) of
paragraph (3) of, subdivision (a) of Section 20305 and who is
eligible for membership in an alternate retirement plan established
or maintained by the county superintendent of schools or the public
agency pursuant to Article 1.5 (commencing with Section 53215) of
Chapter 2 of Part 1 of Division 2 of Title 5, may participate in that
plan in accordance with the following provisions:
   (1) Eligibility to participate in an alternate retirement plan for
an employee who is employed on or after July 1, 1997, or the
effective date of the establishment of an alternate retirement plan,
whichever is later, and who is represented by an exclusive bargaining
representative shall be determined by the provisions of a memorandum
of understanding executed between the public agency and the
exclusive bargaining representative of the employee. That memorandum
of understanding shall prescribe all of the terms and conditions
under which the alternate plan is established including the employer
and employee contribution rates.
   (2) Eligibility to participate in an alternate retirement plan for
an employee who is employed on or after July 1, 1997, or the
effective date of the establishment of an alternate retirement plan,
whichever is later, and who is not represented by an exclusive
bargaining representative shall be determined by the public agency.
   (3) Eligibility to participate in an alternate retirement plan
established prior to July 1, 1997, for an employee who is employed
prior to that date, or for plans established on or after July 1,
1997, for an employee who is employed prior to the date the plan is
established, shall be determined by the employee in accordance with
the following election procedures:
   (A) The employer shall make available to each employee prior to
October 1, 1997, or at least 90 days prior to the proposed effective
date of the alternate retirement plan, whichever is later,
information describing the employee's rights and responsibilities as
a participant in either this system or the alternate retirement plan
offered by the employer and describing the benefits provided by this
system and that alternate retirement plan. The information shall
include all of the terms and conditions under which the system and
the alternate retirement plan are established including the employer
and employee contribution rates.
   (B) An employee who fails to make an election prior to January 1,
1998, or 90 days after being given the election opportunity,
whichever is later, shall be informed by the employer by certified
mail that the failure to make that election has been deemed an
election to participate in the alternate retirement plan whenever his
or her employment fall below the requirements prescribed by Section
20305.
   (C) The employer shall maintain in its files a written
acknowledgment by the employee that the employee received the
information required under this section within the specified
timeframe and shall maintain election results and election forms of
employees.
   (D) The employer shall notify the system as to the results of
election by employees in the manner prescribed by the board.
   (b) An employee's participation in the alternate retirement plan
shall commence as soon as it is reasonable for this system to
determine the member's qualifications pursuant to Section 20305.
Employers shall submit all information deemed necessary for this
system to make those determinations. Participation in the alternate
retirement plan shall continue until the system determines that the
employee's employment meets the conditions for membership in this
system, whereupon the employee shall reenter membership in this
system.
   (c) Each county superintendent of schools may make the school
districts in the county responsible for any administrative acts which
may be necessary to implement this section. Any cost incurred by a
county superintendent of schools in complying with this section shall
be reimbursed on a proportional basis by those school districts in
the county participating in an alternative retirement system.




20309.  (a) A member of the system described in subdivision (b) who
subsequently is employed to perform service subject to coverage by
the Defined Benefit Program of the State Teachers' Retirement Plan,
may elect to retain coverage by this system for that subsequent
service. An election to retain coverage under this system shall be
submitted in writing by the member to the system on a form prescribed
by the system, and a copy of the election shall be submitted to the
State Teachers' Retirement System, within 60 days after the member's
date of hire to perform service that requires membership in the
Defined Benefit Program of the State Teachers' Retirement Plan. A
member who elects to retain coverage under this system pursuant to
this section shall be deemed to be a school member while employed by
a school employer.
   (b) This section shall apply to a member of the system who either
(1) is employed by a school employer, the Board of Governors of the
California Community Colleges, or the State Department of Education
or (2) has at least five years of credited service under this system.
   (c) Any election made pursuant to this section shall become
effective as of the first day of employment in the position that
qualified the member to make an election.



20309.5.  (a) Any person who is a member of the Defined Benefit
Program of the State Teachers' Retirement Plan and who subsequently
became employed, on or after July 1, 1991, and who continues to be
employed by the state to perform service that requires membership in
the Public Employees' Retirement System under Section 21071 and who
meets the requirements of subdivision (b) of Section 22508.6 of the
Education Code may elect to have his or her state service subject to
coverage by the Defined Benefit Program of the State Teachers'
Retirement Plan and excluded from coverage by the Public Employees'
Retirement System.
   (b) Upon an election being made pursuant to subdivision (a), the
Public Employees' Retirement System shall transfer to the Teachers'
Retirement Fund an amount equal to the actuarial accrued liability of
the system for the service rendered by the person making the
election on or after July 1, 1991, to the date of the election,
inclusive. The actuarial accrued liability shall be calculated based
on the actuarial assumptions of the system for the most recently
completed actuarial valuation as of the date of the election.


State Codes and Statutes

Statutes > California > Gov > 20300-20309.5

GOVERNMENT CODE
SECTION 20300-20309.5



20300.  The following persons are excluded from membership in this
system:
   (a) Inmates of state or public agency institutions who are allowed
compensation for the service they are able to perform.
   (b) Independent contractors who are not employees.
   (c) Persons employed as student assistants in the state colleges
and persons employed as student aides in the special schools of the
State Department of Education and in the public schools of the state.
   (d) Persons employed as teacher assistants pursuant to Section
44926 of the Education Code.
   (e) Participants, other than staff officers and employees, in the
California Conservation Corps.
   (f) Persons employed as participants in a program of, and whose
wages are paid in whole or in part by federal funds in accordance
with, Section 1501 et seq. of Title 29 of the United States Code.
This subdivision does not apply with respect to persons employed in
job classes that provide eligibility for patrol or safety membership
or to the career staff employees of an employer.
   (g) All persons who are members in any teachers' retirement
system, as to the service in which they are members of any teachers'
retirement system.
   (h) Except as otherwise provided in this part, persons rendering
professional legal services to a city, other than the person holding
the office of city attorney, the office of assistant city attorney,
or an established position of deputy city attorney.
   (i) A person serving the university as a teacher in university
extension, whose compensation for that service is established on the
basis of class enrollment, either actual or estimated, with respect
to that service.
   (j) A person serving a California State University as a teacher in
extension service, whose compensation for that service is
established on the basis of class enrollment, either actual or
estimated, with respect to that service.
   (k) A teacher or academic employee of the university or any
California State University who is otherwise fully employed and who
serves as a teacher or in an academic capacity in any summer session
or intersession, for which he or she receives compensation
specifically attributable to that service in summer session or
intersession, with respect to that service.
   (l) A person who is employed under the California Senate Fellows,
the Assembly Fellowship, the Judicial Administration Fellowship, or
the Executive Fellowship programs.
   (m) Board members of the State Compensation Insurance Fund,
including those appointed by the Governor.



20301.  Except as otherwise provided in this section, any person who
on October 1, 1963, is employed by the university, and is a member
of any retirement system maintained by the university, or who after
that date enters university employment, shall be excluded from
membership in this system.
   A university member who is separated from university employment
due to layoff and who is reemployed by the university shall have the
right to elect, in accordance with regulations of the board of
regents, membership in this system in lieu of membership in any
retirement system maintained by the university, if written notice of
the election is filed with this system within 30 days after his or
her reemployment.
   Any member who is employed as a member of the police department or
fire department of the university and who elects, in accordance with
regulations of the board of regents, to become a sworn officer
member of a retirement system of the university in that employment
shall be excluded from membership in this system in that employment
after the date upon which he or she becomes a member of the
university system. The election shall not constitute a permanent
separation from state service for purposes of a right to refund of
accumulated contributions, but shall constitute a discontinuance of
employment as a member of this system and entry into employment as a
member of the university system within the meaning of Section 20895.




20303.  (a) Persons who are members of any other retirement or
pension system supported wholly or in part by funds of the United
States government, any state government, or any political subdivision
thereof and who are receiving credit in the other system for service
are, as to that service, excluded from this system.
   (b) (1) For the purpose of this section only, persons who are
receiving pensions, retirement allowances, or other payments, from
any source whatever, because of service rendered to an employer other
than the state and while they were not in state service, are not,
because of that receipt, members of any other retirement or pension
system.
   (2) For the purposes of this section only, persons who participate
in a deferred compensation plan established pursuant to Chapter 4
(commencing with Section 19993) or Chapter 8.6 (commencing with
Section 19999.3) of Part 2.6 or pursuant to Article 1.1 (commencing
with Section 53212) of Chapter 2 of Part 1 of Division 2 of Title 5,
are not, because of that participation, members of any other
retirement or pension system.
   (3) For the purposes of this section only, persons who participate
in a money purchase pension plan and trust that meets the
requirements of Section 401(a) of Title 26 of the United States Code
are not, because of that participation, members of any other
retirement or pension system, so long as the contracting agency has
received a ruling from the Internal Revenue Service stating that the
money purchase pension plan and trust qualifies under Section 401(a)
and furnishes proof thereof upon request by the board.
   (4) For the purposes of this section only, persons who participate
in a supplemental defined benefit plan maintained by their employer
that meets the requirements of Section 401(a) of Title 26 of the
United States Code are not, because of that participation, members of
another retirement or pension system, provided that all of the
following conditions exist:
   (A) The defined benefit plan provided under this part has been
designated as the employer's primary plan for the person.
   (B) The supplemental defined benefit plan has received a ruling
from the Internal Revenue Service stating that the plan qualifies
under Section 401(a) of Title 26 of the United States Code, and has
furnished proof thereof to the employer and, upon request, to the
board.
   (C) The person's participation in the supplemental defined benefit
plan does not, in any way, interfere with the person's rights to
membership in the defined benefit plan, or any benefit provided,
under this part.
   (5) For purposes of this section only, a person who elects
membership pursuant to Section 20326 is deemed, with respect to
service with the California National Guard, not to be a member of any
other retirement or pension system.



20304.  Notwithstanding Sections 20303 and 20894, nothing shall act
to prohibit the receipt of credit in this system, nor the payment of
benefits relating thereto, for service that is also being credited in
the federal system, and persons shall not be excluded from this
system as to the service that is being credited in the federal
system.



20305.  (a) An employee whose appointment or employment contract
does not fix a term of full-time, continuous employment in excess of
six months is excluded from this system unless:
   (1) He or she is a member at the time he or she renders that
service and is not otherwise excluded pursuant to this article or by
a provision of a contract.
   (2) His or her position requires regular, part-time service for
one year or longer for at least an average of 20 hours a week, or
requires service that is equivalent to at least an average of 20
hours a week for one year or longer, unless he or she elects
membership pursuant to Section 20325.
   (3) His or her employment is, in the opinion of the board, on a
seasonal, limited-term, on-call, emergency, intermittent, substitute,
or other irregular basis, and is compensated and meets one of the
following conditions:
   (A) The appointment or employment contract does not fix a term of
full-time, continuous employment in excess of six months, but
full-time employment continues for longer than six months, in which
case membership shall be effective not later than the first day of
the first pay period of the seventh month of employment.
   (B) The person completes 125 days, if employed on a per diem basis
or, if employed on other than a per diem basis, completes 1,000
hours within the fiscal year, in which case, membership shall be
effective not later than the first day of the first pay period of the
month following the month in which 125 days or 1,000 hours of
service were completed. For purposes of this subdivision, "day" means
each eight-hour period of employment worked by an employee paid on a
per diem basis so that membership is effective after he or she has
completed 1,000 hours of compensated service in a fiscal year.
   (C) The person is employed by the Department of Forestry and Fire
Protection in one of the positions that provide state safety
membership pursuant to Section 20400 or state peace
officer/firefighter membership pursuant to Section 20392.
   (4) He or she is a temporary faculty member of the California
State University and meets one of the following conditions:
   (A) He or she works two consecutive semesters or three consecutive
quarters at half-time or more, and is not otherwise excluded
pursuant to this article, in which case, membership shall be
effective with the start of the next consecutive semester or quarter
if the appointment requires service of half-time or more.
   (B) He or she works two consecutive semesters or three consecutive
quarters at a minimum teaching load of six weighted units, and is
not otherwise excluded pursuant to this article, in which case
membership shall be effective at the start of the next consecutive
semester or quarter, but not earlier than July 1, 2004, if the
appointment requires service of six weighted units or more. This
subparagraph does not apply to faculty members unless provided for in
a memorandum of understanding agreed upon, on or after January 1,
2003, pursuant to Chapter 12 (commencing with Section 3560) of
Division 4 of Title 1, or authorized by the Trustees of the
California State University for employees excluded from collective
bargaining.
   (5) He or she is a member of the Board of Prison Terms, the State
Personnel Board, or the State Air Resources Board and elects to
become a member pursuant to Section 20320.
   (6) He or she is participating in partial service retirement,
pursuant to Article 1.7 (commencing with Section 19996.30) of Chapter
7 of Part 2.6.
   (7) He or she is included by specific provision of the board
relating to the exclusion of less than full-time employees.
   (b) This section shall supersede any contract provision excluding
persons in any temporary or seasonal employment basis and shall apply
only to persons entering employment on and after January 1, 1975.
Except as provided in Section 20502, no contract or contract
amendment entered into after January 1, 1981, shall contain any
provision excluding persons on an irregular employment basis.



20306.  (a) Notwithstanding paragraph (1) of subdivision (a) of
Section 20305, an employee participating in this system, other than a
local safety member, who is credited with less than five years of
state service and whose service falls below the minimum service
prescribed by paragraph (2) of, or subparagraph (A) or (B) of
paragraph (3) of, subdivision (a) of Section 20305 and who is
eligible for membership in an alternate retirement plan established
or maintained by the county superintendent of schools or the public
agency pursuant to Article 1.5 (commencing with Section 53215) of
Chapter 2 of Part 1 of Division 2 of Title 5, may participate in that
plan in accordance with the following provisions:
   (1) Eligibility to participate in an alternate retirement plan for
an employee who is employed on or after July 1, 1997, or the
effective date of the establishment of an alternate retirement plan,
whichever is later, and who is represented by an exclusive bargaining
representative shall be determined by the provisions of a memorandum
of understanding executed between the public agency and the
exclusive bargaining representative of the employee. That memorandum
of understanding shall prescribe all of the terms and conditions
under which the alternate plan is established including the employer
and employee contribution rates.
   (2) Eligibility to participate in an alternate retirement plan for
an employee who is employed on or after July 1, 1997, or the
effective date of the establishment of an alternate retirement plan,
whichever is later, and who is not represented by an exclusive
bargaining representative shall be determined by the public agency.
   (3) Eligibility to participate in an alternate retirement plan
established prior to July 1, 1997, for an employee who is employed
prior to that date, or for plans established on or after July 1,
1997, for an employee who is employed prior to the date the plan is
established, shall be determined by the employee in accordance with
the following election procedures:
   (A) The employer shall make available to each employee prior to
October 1, 1997, or at least 90 days prior to the proposed effective
date of the alternate retirement plan, whichever is later,
information describing the employee's rights and responsibilities as
a participant in either this system or the alternate retirement plan
offered by the employer and describing the benefits provided by this
system and that alternate retirement plan. The information shall
include all of the terms and conditions under which the system and
the alternate retirement plan are established including the employer
and employee contribution rates.
   (B) An employee who fails to make an election prior to January 1,
1998, or 90 days after being given the election opportunity,
whichever is later, shall be informed by the employer by certified
mail that the failure to make that election has been deemed an
election to participate in the alternate retirement plan whenever his
or her employment fall below the requirements prescribed by Section
20305.
   (C) The employer shall maintain in its files a written
acknowledgment by the employee that the employee received the
information required under this section within the specified
timeframe and shall maintain election results and election forms of
employees.
   (D) The employer shall notify the system as to the results of
election by employees in the manner prescribed by the board.
   (b) An employee's participation in the alternate retirement plan
shall commence as soon as it is reasonable for this system to
determine the member's qualifications pursuant to Section 20305.
Employers shall submit all information deemed necessary for this
system to make those determinations. Participation in the alternate
retirement plan shall continue until the system determines that the
employee's employment meets the conditions for membership in this
system, whereupon the employee shall reenter membership in this
system.
   (c) Each county superintendent of schools may make the school
districts in the county responsible for any administrative acts which
may be necessary to implement this section. Any cost incurred by a
county superintendent of schools in complying with this section shall
be reimbursed on a proportional basis by those school districts in
the county participating in an alternative retirement system.




20309.  (a) A member of the system described in subdivision (b) who
subsequently is employed to perform service subject to coverage by
the Defined Benefit Program of the State Teachers' Retirement Plan,
may elect to retain coverage by this system for that subsequent
service. An election to retain coverage under this system shall be
submitted in writing by the member to the system on a form prescribed
by the system, and a copy of the election shall be submitted to the
State Teachers' Retirement System, within 60 days after the member's
date of hire to perform service that requires membership in the
Defined Benefit Program of the State Teachers' Retirement Plan. A
member who elects to retain coverage under this system pursuant to
this section shall be deemed to be a school member while employed by
a school employer.
   (b) This section shall apply to a member of the system who either
(1) is employed by a school employer, the Board of Governors of the
California Community Colleges, or the State Department of Education
or (2) has at least five years of credited service under this system.
   (c) Any election made pursuant to this section shall become
effective as of the first day of employment in the position that
qualified the member to make an election.



20309.5.  (a) Any person who is a member of the Defined Benefit
Program of the State Teachers' Retirement Plan and who subsequently
became employed, on or after July 1, 1991, and who continues to be
employed by the state to perform service that requires membership in
the Public Employees' Retirement System under Section 21071 and who
meets the requirements of subdivision (b) of Section 22508.6 of the
Education Code may elect to have his or her state service subject to
coverage by the Defined Benefit Program of the State Teachers'
Retirement Plan and excluded from coverage by the Public Employees'
Retirement System.
   (b) Upon an election being made pursuant to subdivision (a), the
Public Employees' Retirement System shall transfer to the Teachers'
Retirement Fund an amount equal to the actuarial accrued liability of
the system for the service rendered by the person making the
election on or after July 1, 1991, to the date of the election,
inclusive. The actuarial accrued liability shall be calculated based
on the actuarial assumptions of the system for the most recently
completed actuarial valuation as of the date of the election.



State Codes and Statutes

State Codes and Statutes

Statutes > California > Gov > 20300-20309.5

GOVERNMENT CODE
SECTION 20300-20309.5



20300.  The following persons are excluded from membership in this
system:
   (a) Inmates of state or public agency institutions who are allowed
compensation for the service they are able to perform.
   (b) Independent contractors who are not employees.
   (c) Persons employed as student assistants in the state colleges
and persons employed as student aides in the special schools of the
State Department of Education and in the public schools of the state.
   (d) Persons employed as teacher assistants pursuant to Section
44926 of the Education Code.
   (e) Participants, other than staff officers and employees, in the
California Conservation Corps.
   (f) Persons employed as participants in a program of, and whose
wages are paid in whole or in part by federal funds in accordance
with, Section 1501 et seq. of Title 29 of the United States Code.
This subdivision does not apply with respect to persons employed in
job classes that provide eligibility for patrol or safety membership
or to the career staff employees of an employer.
   (g) All persons who are members in any teachers' retirement
system, as to the service in which they are members of any teachers'
retirement system.
   (h) Except as otherwise provided in this part, persons rendering
professional legal services to a city, other than the person holding
the office of city attorney, the office of assistant city attorney,
or an established position of deputy city attorney.
   (i) A person serving the university as a teacher in university
extension, whose compensation for that service is established on the
basis of class enrollment, either actual or estimated, with respect
to that service.
   (j) A person serving a California State University as a teacher in
extension service, whose compensation for that service is
established on the basis of class enrollment, either actual or
estimated, with respect to that service.
   (k) A teacher or academic employee of the university or any
California State University who is otherwise fully employed and who
serves as a teacher or in an academic capacity in any summer session
or intersession, for which he or she receives compensation
specifically attributable to that service in summer session or
intersession, with respect to that service.
   (l) A person who is employed under the California Senate Fellows,
the Assembly Fellowship, the Judicial Administration Fellowship, or
the Executive Fellowship programs.
   (m) Board members of the State Compensation Insurance Fund,
including those appointed by the Governor.



20301.  Except as otherwise provided in this section, any person who
on October 1, 1963, is employed by the university, and is a member
of any retirement system maintained by the university, or who after
that date enters university employment, shall be excluded from
membership in this system.
   A university member who is separated from university employment
due to layoff and who is reemployed by the university shall have the
right to elect, in accordance with regulations of the board of
regents, membership in this system in lieu of membership in any
retirement system maintained by the university, if written notice of
the election is filed with this system within 30 days after his or
her reemployment.
   Any member who is employed as a member of the police department or
fire department of the university and who elects, in accordance with
regulations of the board of regents, to become a sworn officer
member of a retirement system of the university in that employment
shall be excluded from membership in this system in that employment
after the date upon which he or she becomes a member of the
university system. The election shall not constitute a permanent
separation from state service for purposes of a right to refund of
accumulated contributions, but shall constitute a discontinuance of
employment as a member of this system and entry into employment as a
member of the university system within the meaning of Section 20895.




20303.  (a) Persons who are members of any other retirement or
pension system supported wholly or in part by funds of the United
States government, any state government, or any political subdivision
thereof and who are receiving credit in the other system for service
are, as to that service, excluded from this system.
   (b) (1) For the purpose of this section only, persons who are
receiving pensions, retirement allowances, or other payments, from
any source whatever, because of service rendered to an employer other
than the state and while they were not in state service, are not,
because of that receipt, members of any other retirement or pension
system.
   (2) For the purposes of this section only, persons who participate
in a deferred compensation plan established pursuant to Chapter 4
(commencing with Section 19993) or Chapter 8.6 (commencing with
Section 19999.3) of Part 2.6 or pursuant to Article 1.1 (commencing
with Section 53212) of Chapter 2 of Part 1 of Division 2 of Title 5,
are not, because of that participation, members of any other
retirement or pension system.
   (3) For the purposes of this section only, persons who participate
in a money purchase pension plan and trust that meets the
requirements of Section 401(a) of Title 26 of the United States Code
are not, because of that participation, members of any other
retirement or pension system, so long as the contracting agency has
received a ruling from the Internal Revenue Service stating that the
money purchase pension plan and trust qualifies under Section 401(a)
and furnishes proof thereof upon request by the board.
   (4) For the purposes of this section only, persons who participate
in a supplemental defined benefit plan maintained by their employer
that meets the requirements of Section 401(a) of Title 26 of the
United States Code are not, because of that participation, members of
another retirement or pension system, provided that all of the
following conditions exist:
   (A) The defined benefit plan provided under this part has been
designated as the employer's primary plan for the person.
   (B) The supplemental defined benefit plan has received a ruling
from the Internal Revenue Service stating that the plan qualifies
under Section 401(a) of Title 26 of the United States Code, and has
furnished proof thereof to the employer and, upon request, to the
board.
   (C) The person's participation in the supplemental defined benefit
plan does not, in any way, interfere with the person's rights to
membership in the defined benefit plan, or any benefit provided,
under this part.
   (5) For purposes of this section only, a person who elects
membership pursuant to Section 20326 is deemed, with respect to
service with the California National Guard, not to be a member of any
other retirement or pension system.



20304.  Notwithstanding Sections 20303 and 20894, nothing shall act
to prohibit the receipt of credit in this system, nor the payment of
benefits relating thereto, for service that is also being credited in
the federal system, and persons shall not be excluded from this
system as to the service that is being credited in the federal
system.



20305.  (a) An employee whose appointment or employment contract
does not fix a term of full-time, continuous employment in excess of
six months is excluded from this system unless:
   (1) He or she is a member at the time he or she renders that
service and is not otherwise excluded pursuant to this article or by
a provision of a contract.
   (2) His or her position requires regular, part-time service for
one year or longer for at least an average of 20 hours a week, or
requires service that is equivalent to at least an average of 20
hours a week for one year or longer, unless he or she elects
membership pursuant to Section 20325.
   (3) His or her employment is, in the opinion of the board, on a
seasonal, limited-term, on-call, emergency, intermittent, substitute,
or other irregular basis, and is compensated and meets one of the
following conditions:
   (A) The appointment or employment contract does not fix a term of
full-time, continuous employment in excess of six months, but
full-time employment continues for longer than six months, in which
case membership shall be effective not later than the first day of
the first pay period of the seventh month of employment.
   (B) The person completes 125 days, if employed on a per diem basis
or, if employed on other than a per diem basis, completes 1,000
hours within the fiscal year, in which case, membership shall be
effective not later than the first day of the first pay period of the
month following the month in which 125 days or 1,000 hours of
service were completed. For purposes of this subdivision, "day" means
each eight-hour period of employment worked by an employee paid on a
per diem basis so that membership is effective after he or she has
completed 1,000 hours of compensated service in a fiscal year.
   (C) The person is employed by the Department of Forestry and Fire
Protection in one of the positions that provide state safety
membership pursuant to Section 20400 or state peace
officer/firefighter membership pursuant to Section 20392.
   (4) He or she is a temporary faculty member of the California
State University and meets one of the following conditions:
   (A) He or she works two consecutive semesters or three consecutive
quarters at half-time or more, and is not otherwise excluded
pursuant to this article, in which case, membership shall be
effective with the start of the next consecutive semester or quarter
if the appointment requires service of half-time or more.
   (B) He or she works two consecutive semesters or three consecutive
quarters at a minimum teaching load of six weighted units, and is
not otherwise excluded pursuant to this article, in which case
membership shall be effective at the start of the next consecutive
semester or quarter, but not earlier than July 1, 2004, if the
appointment requires service of six weighted units or more. This
subparagraph does not apply to faculty members unless provided for in
a memorandum of understanding agreed upon, on or after January 1,
2003, pursuant to Chapter 12 (commencing with Section 3560) of
Division 4 of Title 1, or authorized by the Trustees of the
California State University for employees excluded from collective
bargaining.
   (5) He or she is a member of the Board of Prison Terms, the State
Personnel Board, or the State Air Resources Board and elects to
become a member pursuant to Section 20320.
   (6) He or she is participating in partial service retirement,
pursuant to Article 1.7 (commencing with Section 19996.30) of Chapter
7 of Part 2.6.
   (7) He or she is included by specific provision of the board
relating to the exclusion of less than full-time employees.
   (b) This section shall supersede any contract provision excluding
persons in any temporary or seasonal employment basis and shall apply
only to persons entering employment on and after January 1, 1975.
Except as provided in Section 20502, no contract or contract
amendment entered into after January 1, 1981, shall contain any
provision excluding persons on an irregular employment basis.



20306.  (a) Notwithstanding paragraph (1) of subdivision (a) of
Section 20305, an employee participating in this system, other than a
local safety member, who is credited with less than five years of
state service and whose service falls below the minimum service
prescribed by paragraph (2) of, or subparagraph (A) or (B) of
paragraph (3) of, subdivision (a) of Section 20305 and who is
eligible for membership in an alternate retirement plan established
or maintained by the county superintendent of schools or the public
agency pursuant to Article 1.5 (commencing with Section 53215) of
Chapter 2 of Part 1 of Division 2 of Title 5, may participate in that
plan in accordance with the following provisions:
   (1) Eligibility to participate in an alternate retirement plan for
an employee who is employed on or after July 1, 1997, or the
effective date of the establishment of an alternate retirement plan,
whichever is later, and who is represented by an exclusive bargaining
representative shall be determined by the provisions of a memorandum
of understanding executed between the public agency and the
exclusive bargaining representative of the employee. That memorandum
of understanding shall prescribe all of the terms and conditions
under which the alternate plan is established including the employer
and employee contribution rates.
   (2) Eligibility to participate in an alternate retirement plan for
an employee who is employed on or after July 1, 1997, or the
effective date of the establishment of an alternate retirement plan,
whichever is later, and who is not represented by an exclusive
bargaining representative shall be determined by the public agency.
   (3) Eligibility to participate in an alternate retirement plan
established prior to July 1, 1997, for an employee who is employed
prior to that date, or for plans established on or after July 1,
1997, for an employee who is employed prior to the date the plan is
established, shall be determined by the employee in accordance with
the following election procedures:
   (A) The employer shall make available to each employee prior to
October 1, 1997, or at least 90 days prior to the proposed effective
date of the alternate retirement plan, whichever is later,
information describing the employee's rights and responsibilities as
a participant in either this system or the alternate retirement plan
offered by the employer and describing the benefits provided by this
system and that alternate retirement plan. The information shall
include all of the terms and conditions under which the system and
the alternate retirement plan are established including the employer
and employee contribution rates.
   (B) An employee who fails to make an election prior to January 1,
1998, or 90 days after being given the election opportunity,
whichever is later, shall be informed by the employer by certified
mail that the failure to make that election has been deemed an
election to participate in the alternate retirement plan whenever his
or her employment fall below the requirements prescribed by Section
20305.
   (C) The employer shall maintain in its files a written
acknowledgment by the employee that the employee received the
information required under this section within the specified
timeframe and shall maintain election results and election forms of
employees.
   (D) The employer shall notify the system as to the results of
election by employees in the manner prescribed by the board.
   (b) An employee's participation in the alternate retirement plan
shall commence as soon as it is reasonable for this system to
determine the member's qualifications pursuant to Section 20305.
Employers shall submit all information deemed necessary for this
system to make those determinations. Participation in the alternate
retirement plan shall continue until the system determines that the
employee's employment meets the conditions for membership in this
system, whereupon the employee shall reenter membership in this
system.
   (c) Each county superintendent of schools may make the school
districts in the county responsible for any administrative acts which
may be necessary to implement this section. Any cost incurred by a
county superintendent of schools in complying with this section shall
be reimbursed on a proportional basis by those school districts in
the county participating in an alternative retirement system.




20309.  (a) A member of the system described in subdivision (b) who
subsequently is employed to perform service subject to coverage by
the Defined Benefit Program of the State Teachers' Retirement Plan,
may elect to retain coverage by this system for that subsequent
service. An election to retain coverage under this system shall be
submitted in writing by the member to the system on a form prescribed
by the system, and a copy of the election shall be submitted to the
State Teachers' Retirement System, within 60 days after the member's
date of hire to perform service that requires membership in the
Defined Benefit Program of the State Teachers' Retirement Plan. A
member who elects to retain coverage under this system pursuant to
this section shall be deemed to be a school member while employed by
a school employer.
   (b) This section shall apply to a member of the system who either
(1) is employed by a school employer, the Board of Governors of the
California Community Colleges, or the State Department of Education
or (2) has at least five years of credited service under this system.
   (c) Any election made pursuant to this section shall become
effective as of the first day of employment in the position that
qualified the member to make an election.



20309.5.  (a) Any person who is a member of the Defined Benefit
Program of the State Teachers' Retirement Plan and who subsequently
became employed, on or after July 1, 1991, and who continues to be
employed by the state to perform service that requires membership in
the Public Employees' Retirement System under Section 21071 and who
meets the requirements of subdivision (b) of Section 22508.6 of the
Education Code may elect to have his or her state service subject to
coverage by the Defined Benefit Program of the State Teachers'
Retirement Plan and excluded from coverage by the Public Employees'
Retirement System.
   (b) Upon an election being made pursuant to subdivision (a), the
Public Employees' Retirement System shall transfer to the Teachers'
Retirement Fund an amount equal to the actuarial accrued liability of
the system for the service rendered by the person making the
election on or after July 1, 1991, to the date of the election,
inclusive. The actuarial accrued liability shall be calculated based
on the actuarial assumptions of the system for the most recently
completed actuarial valuation as of the date of the election.