State Codes and Statutes

Statutes > California > Gov > 21220-21230

GOVERNMENT CODE
SECTION 21220-21230



21220.  (a) A person who has been retired under this system, for
service or for disability, may not be employed in any capacity
thereafter by the state, the university, a school employer, or a
contracting agency, unless the employment qualifies for service
credit in the University of California Retirement Plan or the State
Teachers' Retirement Plan, unless he or she has first been reinstated
from retirement pursuant to this chapter, or unless the employment,
without reinstatement, is authorized by this article. A retired
person whose employment without reinstatement is authorized by this
article shall acquire no service credit or retirement rights under
this part with respect to the employment.
   (b) Any retired member employed in violation of this article
shall:
   (1) Reimburse this system for any retirement allowance received
during the period or periods of employment that are in violation of
law.
   (2) Pay to this system an amount of money equal to the employee
contributions that would otherwise have been paid during the period
or periods of unlawful employment, plus interest thereon.
   (3) Contribute toward reimbursement of this system for
administrative expenses incurred in responding to this situation, to
the extent the member is determined by the executive officer to be at
fault.
   (c) Any public employer that employs a retired member in violation
of this article shall:
   (1) Pay to this system an amount of money equal to employer
contributions that would otherwise have been paid for the period or
periods of time that the member is employed in violation of this
article, plus interest thereon.
   (2) Contribute toward reimbursement of this system for
administrative expenses incurred in responding to this situation, to
the extent the employer is determined by the executive officer of
this system to be at fault.



21220.5.  A retired person who has not attained the normal
retirement age shall have a bona fide separation in service to the
extent required by the Internal Revenue Code, and the regulations
promulgated thereunder, before working after retirement pursuant to
this article. The board shall establish, by regulation, the criteria
under which a bona fide separation is satisfied.



21221.  A retired person may serve without reinstatement from
retirement or loss or interruption of benefits provided by this
system, as follows:
   (a) As a member of any board, commission, or advisory committee,
upon appointment by the Governor, the Speaker of the Assembly, the
President pro Tempore of the Senate, director of a state department,
or the governing board of the contracting agency. However, the
appointment shall not be deemed employment within the meaning of
Division 4 (commencing with Section 3200) and Division 4.5
(commencing with Section 6100) of the Labor Code, and shall not
provide a basis for the payment of workers' compensation to a retired
state employee or to his or her dependents.
   (b) As a school crossing guard.
   (c) As a juror or election officer.
   (d) As an elective officer on and after September 15, 1961.
However, all rights and immunities which may have accrued under
Section 21229 as it read prior to that section's repeal during the
1969 Regular Session of the Legislature are hereby preserved.
   (e) As an appointive member of the governing body of a contracting
agency. However, the compensation for that office shall not exceed
one hundred dollars ($100) per month.
   (f) Upon appointment by the Legislature, or either house, or a
legislative committee to a position deemed by the appointing power to
be temporary in nature.
   (g) Upon employment by a contracting agency to a position found by
the governing body, by resolution, to be available because of a
leave of absence granted to a person on payroll status for a period
not to exceed one year and found by the governing body to require
specialized skills. The temporary employment shall be terminated at
the end of the leave of absence. Appointments under this section
shall be reported to the board and shall be accompanied by the
resolution adopted by the governing body.
   (h) Upon appointment by the governing body of a contracting agency
to a position deemed by the governing body to be of a limited
duration and requiring specialized skills or during an emergency to
prevent stoppage of public business. These appointments, in addition
to any made pursuant to Section 21224, shall not exceed a total for
all employers of 960 hours in any fiscal year. When an appointment is
expected to, or will, exceed 960 hours in any fiscal year, the
governing body shall request approval from the board to extend the
temporary employment. The governing body shall present a resolution
to the board requesting action to allow or disallow the employment
extension. The resolution shall be presented prior to the expiration
of the 960 hour maximum for the fiscal year. The appointment shall
continue until notification of the board's decision is received by
the governing body. The appointment shall be deemed approved if the
board fails to take action within 60 days of receiving the request.
Appointments under this subdivision may not exceed a total of 12
months.
   (i) Upon appointment by the Administrative Director of the Courts
to the position of Court Security Coordinator, a position deemed
temporary in nature and requiring the specialized skills and
experience of a retired professional peace officer.



21222.  Notwithstanding Section 21221, if a retired person serves
without reinstatement from retirement in an elective office and part
or all of his or her retirement allowance is based on service in that
elective office, the portion of the allowance based on service in
that elective office shall be suspended during incumbency in that
elective office. The entire retirement allowance shall be paid for
time on and after the person vacates the elective office in the
monthly amount payable had the allowance not been suspended.
   The governing body of every employer other than the state shall
cause immediate notice to be given to this system of the election of
any retired person to an office of the employer.



21223.  A retired person may serve without reinstatement from
retirement or loss or interruption of benefits provided under this
system upon approval of the Director of the Department of Personnel
Administration or the governing body of a contracting agency, as the
case may be, under employment by any state or contracting agency in
which he or she previously served while a member of this system,
where by reason of actual litigation, or a proceeding before the
California Victim Compensation and Government Claims Board or the
governing body of a contracting agency, as the case may be, or where
the state or contracting agency desires to perpetuate testimony in
connection with any anticipated litigation involving the state or
contracting agency, and adverse interests, the services of the person
are or may be necessary in preparing for trial or in testifying as
to matters within or based upon his or her knowledge acquired while
employed. He or she may be paid a per diem and actual and necessary
traveling expenses, but he or she shall not be paid at a greater rate
of compensation per diem than the rate ordinarily paid other persons
by state agencies or the contracting agency for similar services.
However, there shall be deducted from the per diem compensation sums
equal to the retirement annuity allocable to the days of actual
employment under this section.



21224.  (a) A retired person may serve without reinstatement from
retirement or loss or interruption of benefits provided by this
system upon appointment by the appointing power of a state agency or
public agency employer either during an emergency to prevent stoppage
of public business or because the retired employee has skills needed
in performing work of limited duration. These appointments shall not
exceed a total for all employers of 960 hours in any fiscal year,
and the rate of pay for the employment shall not be less than the
minimum, nor exceed that paid by the employer to other employees
performing comparable duties.
   (b) (1) This section shall not apply to any retired person
otherwise eligible if during the 12-month period prior to an
appointment described in this section the retired person received any
unemployment insurance compensation arising out of prior employment
subject to this section with the same employer.
   (2) A retired person who accepts an appointment after receiving
unemployment insurance compensation as described in this subdivision
shall terminate that employment on the last day of the current pay
period and shall not be eligible for reappointment subject to this
section for a period of 12 months following the last day of
employment. The retired person shall not be subject to Section 21202
or subdivision (b) of Section 21220.



21225.  (a) A retired person may serve without reinstatement from
retirement or loss or interruption of benefits provided by this
system as a substitute in a position requiring certification
qualifications, pursuant to Section 59007 or 59113 of the Education
Code, at the California School for the Deaf or the California School
for the Blind, if that service does not exceed a total for all
employers of 960 hours in a fiscal year.
   (b) (1) This section shall not apply to a retired person otherwise
eligible to serve without reinstatement from retirement, if during
the 12-month period prior to an appointment described in this
section, that retired person receives unemployment insurance
compensation arising out of prior employment subject to this section
with the same employer.
   (2) A retired person who accepts an appointment after receiving
unemployment insurance compensation as described in this subdivision
shall terminate that employment on the last day of the current pay
period and shall not be eligible for reappointment subject to this
section for a period of 12 months following the last day of
employment. The retired person shall not be subject to Section 21202
or subdivision (b) of Section 21220.



21226.  (a) A retired person may serve without reinstatement from
retirement or loss or interruption of benefits provided by this
system as a member of the academic staff of a California community
college or of the University of California, if that service does not
exceed a total for all employers of 960 hours in a fiscal year.
   (b) (1) This section shall not apply to a retired person otherwise
eligible to serve without reinstatement from retirement, if during
the 12-month period prior to an appointment described in this
section, that retired person receives unemployment insurance
compensation arising out of prior employment subject to this section
with the same employer.
   (2) A retired person who accepts an appointment after receiving
unemployment insurance compensation as described in this subdivision
shall terminate that employment on the last day of the current pay
period and shall not be eligible for reappointment subject to this
section for a period of 12 months following the last day of
employment. The retired person shall not be subject to Section 21202
or subdivision (b) of Section 21220.


21227.  (a) A retired person may serve without reinstatement from
retirement or loss or interruption of benefits provided by this
system as a member of the academic staff of the California State
University, if that service does not exceed a total for all employers
of 960 hours in a fiscal year or 50 percent of the hours the member
was employed during the last fiscal year of service prior to
retirement, whichever is less.
   (b) (1) This section shall not apply to a retired person otherwise
eligible to serve without reinstatement from retirement, if during
the 12-month period prior to an appointment described in this
section, that retired person receives unemployment insurance
compensation arising out of prior employment subject to this section
with the same employer.
   (2) A retired person who accepts an appointment after receiving
unemployment insurance compensation as described in this subdivision
shall terminate that employment on the last day of the current pay
period and shall not be eligible for reappointment subject to this
section for a period of 12 months following the last day of
employment. The retired person shall not be subject to Section 21202
or subdivision (b) of Section 21220.



21228.  A person retired for disability who has not attained the
mandatory age for retirement applicable to persons in the employment
in which he or she will be employed, and whom the board finds not
disabled for that employment, may be employed by any employer without
reinstatement from retirement in a position other than that from
which he or she retired or a position in the same member
classification. His or her disability retirement pension shall be
reduced during that employment to an amount that, when added to the
compensation received, shall equal the maximum compensation earnable
by a person holding the position that he or she held at the time of
his or her retirement. Any employment shall terminate upon his or her
attainment of the mandatory retirement age for persons in that
employment.



21229.  (a) A retired person may serve without reinstatement from
retirement or loss or interruption of benefits provided by this
system upon appointment by a school employer or by the Trustees of
the California State University either during an emergency to prevent
stoppage of public business or because the retired employee has
skills needed in performing specialized work of limited duration, if
that service does not exceed, in a fiscal year, a total of 960 hours
for all employers. The retired person's rate of pay for this
employment shall not be less than the minimum, nor exceed that paid
by the employer to other employees performing comparable duties.
   (b) (1) This section shall not apply to a retired person otherwise
eligible to serve without reinstatement from retirement, if during
the 12-month period prior to an appointment described in this
section, that retired person receives unemployment insurance
compensation arising out of prior employment subject to this section
with the same employer.
   (2) A retired person who accepts an appointment after receiving
unemployment insurance compensation as described in this subdivision
shall terminate that employment on the last day of the current pay
period and shall not be eligible for reappointment subject to this
section for a period of 12 months following the last day of
employment. The retired person shall not be subject to Section 21202
or subdivision (b) of Section 21220.



21230.  (a) A safety member who is retired for service, with at
least 20 years of service in corrections or at a jail, may serve
without reinstatement from service retirement or loss or interruption
of benefits provided by this system upon appointment by a
contracting agency described in subdivision (b) to the position of
superintendent, deputy superintendent, or captain of a jail or other
adult correctional facility of the contracting agency to which state
inmates have been transferred pursuant to an agreement, having a term
of 20 years, described in Section 2910 or 2910.5 of the Penal Code.
Appointments under this section shall be reported to the board and
shall be accompanied by the resolution adopted by the governing body
of the contracting agency.
   (b) This section applies only if the appointing contracting agency
is a city that does not maintain a municipal police department.


State Codes and Statutes

Statutes > California > Gov > 21220-21230

GOVERNMENT CODE
SECTION 21220-21230



21220.  (a) A person who has been retired under this system, for
service or for disability, may not be employed in any capacity
thereafter by the state, the university, a school employer, or a
contracting agency, unless the employment qualifies for service
credit in the University of California Retirement Plan or the State
Teachers' Retirement Plan, unless he or she has first been reinstated
from retirement pursuant to this chapter, or unless the employment,
without reinstatement, is authorized by this article. A retired
person whose employment without reinstatement is authorized by this
article shall acquire no service credit or retirement rights under
this part with respect to the employment.
   (b) Any retired member employed in violation of this article
shall:
   (1) Reimburse this system for any retirement allowance received
during the period or periods of employment that are in violation of
law.
   (2) Pay to this system an amount of money equal to the employee
contributions that would otherwise have been paid during the period
or periods of unlawful employment, plus interest thereon.
   (3) Contribute toward reimbursement of this system for
administrative expenses incurred in responding to this situation, to
the extent the member is determined by the executive officer to be at
fault.
   (c) Any public employer that employs a retired member in violation
of this article shall:
   (1) Pay to this system an amount of money equal to employer
contributions that would otherwise have been paid for the period or
periods of time that the member is employed in violation of this
article, plus interest thereon.
   (2) Contribute toward reimbursement of this system for
administrative expenses incurred in responding to this situation, to
the extent the employer is determined by the executive officer of
this system to be at fault.



21220.5.  A retired person who has not attained the normal
retirement age shall have a bona fide separation in service to the
extent required by the Internal Revenue Code, and the regulations
promulgated thereunder, before working after retirement pursuant to
this article. The board shall establish, by regulation, the criteria
under which a bona fide separation is satisfied.



21221.  A retired person may serve without reinstatement from
retirement or loss or interruption of benefits provided by this
system, as follows:
   (a) As a member of any board, commission, or advisory committee,
upon appointment by the Governor, the Speaker of the Assembly, the
President pro Tempore of the Senate, director of a state department,
or the governing board of the contracting agency. However, the
appointment shall not be deemed employment within the meaning of
Division 4 (commencing with Section 3200) and Division 4.5
(commencing with Section 6100) of the Labor Code, and shall not
provide a basis for the payment of workers' compensation to a retired
state employee or to his or her dependents.
   (b) As a school crossing guard.
   (c) As a juror or election officer.
   (d) As an elective officer on and after September 15, 1961.
However, all rights and immunities which may have accrued under
Section 21229 as it read prior to that section's repeal during the
1969 Regular Session of the Legislature are hereby preserved.
   (e) As an appointive member of the governing body of a contracting
agency. However, the compensation for that office shall not exceed
one hundred dollars ($100) per month.
   (f) Upon appointment by the Legislature, or either house, or a
legislative committee to a position deemed by the appointing power to
be temporary in nature.
   (g) Upon employment by a contracting agency to a position found by
the governing body, by resolution, to be available because of a
leave of absence granted to a person on payroll status for a period
not to exceed one year and found by the governing body to require
specialized skills. The temporary employment shall be terminated at
the end of the leave of absence. Appointments under this section
shall be reported to the board and shall be accompanied by the
resolution adopted by the governing body.
   (h) Upon appointment by the governing body of a contracting agency
to a position deemed by the governing body to be of a limited
duration and requiring specialized skills or during an emergency to
prevent stoppage of public business. These appointments, in addition
to any made pursuant to Section 21224, shall not exceed a total for
all employers of 960 hours in any fiscal year. When an appointment is
expected to, or will, exceed 960 hours in any fiscal year, the
governing body shall request approval from the board to extend the
temporary employment. The governing body shall present a resolution
to the board requesting action to allow or disallow the employment
extension. The resolution shall be presented prior to the expiration
of the 960 hour maximum for the fiscal year. The appointment shall
continue until notification of the board's decision is received by
the governing body. The appointment shall be deemed approved if the
board fails to take action within 60 days of receiving the request.
Appointments under this subdivision may not exceed a total of 12
months.
   (i) Upon appointment by the Administrative Director of the Courts
to the position of Court Security Coordinator, a position deemed
temporary in nature and requiring the specialized skills and
experience of a retired professional peace officer.



21222.  Notwithstanding Section 21221, if a retired person serves
without reinstatement from retirement in an elective office and part
or all of his or her retirement allowance is based on service in that
elective office, the portion of the allowance based on service in
that elective office shall be suspended during incumbency in that
elective office. The entire retirement allowance shall be paid for
time on and after the person vacates the elective office in the
monthly amount payable had the allowance not been suspended.
   The governing body of every employer other than the state shall
cause immediate notice to be given to this system of the election of
any retired person to an office of the employer.



21223.  A retired person may serve without reinstatement from
retirement or loss or interruption of benefits provided under this
system upon approval of the Director of the Department of Personnel
Administration or the governing body of a contracting agency, as the
case may be, under employment by any state or contracting agency in
which he or she previously served while a member of this system,
where by reason of actual litigation, or a proceeding before the
California Victim Compensation and Government Claims Board or the
governing body of a contracting agency, as the case may be, or where
the state or contracting agency desires to perpetuate testimony in
connection with any anticipated litigation involving the state or
contracting agency, and adverse interests, the services of the person
are or may be necessary in preparing for trial or in testifying as
to matters within or based upon his or her knowledge acquired while
employed. He or she may be paid a per diem and actual and necessary
traveling expenses, but he or she shall not be paid at a greater rate
of compensation per diem than the rate ordinarily paid other persons
by state agencies or the contracting agency for similar services.
However, there shall be deducted from the per diem compensation sums
equal to the retirement annuity allocable to the days of actual
employment under this section.



21224.  (a) A retired person may serve without reinstatement from
retirement or loss or interruption of benefits provided by this
system upon appointment by the appointing power of a state agency or
public agency employer either during an emergency to prevent stoppage
of public business or because the retired employee has skills needed
in performing work of limited duration. These appointments shall not
exceed a total for all employers of 960 hours in any fiscal year,
and the rate of pay for the employment shall not be less than the
minimum, nor exceed that paid by the employer to other employees
performing comparable duties.
   (b) (1) This section shall not apply to any retired person
otherwise eligible if during the 12-month period prior to an
appointment described in this section the retired person received any
unemployment insurance compensation arising out of prior employment
subject to this section with the same employer.
   (2) A retired person who accepts an appointment after receiving
unemployment insurance compensation as described in this subdivision
shall terminate that employment on the last day of the current pay
period and shall not be eligible for reappointment subject to this
section for a period of 12 months following the last day of
employment. The retired person shall not be subject to Section 21202
or subdivision (b) of Section 21220.



21225.  (a) A retired person may serve without reinstatement from
retirement or loss or interruption of benefits provided by this
system as a substitute in a position requiring certification
qualifications, pursuant to Section 59007 or 59113 of the Education
Code, at the California School for the Deaf or the California School
for the Blind, if that service does not exceed a total for all
employers of 960 hours in a fiscal year.
   (b) (1) This section shall not apply to a retired person otherwise
eligible to serve without reinstatement from retirement, if during
the 12-month period prior to an appointment described in this
section, that retired person receives unemployment insurance
compensation arising out of prior employment subject to this section
with the same employer.
   (2) A retired person who accepts an appointment after receiving
unemployment insurance compensation as described in this subdivision
shall terminate that employment on the last day of the current pay
period and shall not be eligible for reappointment subject to this
section for a period of 12 months following the last day of
employment. The retired person shall not be subject to Section 21202
or subdivision (b) of Section 21220.



21226.  (a) A retired person may serve without reinstatement from
retirement or loss or interruption of benefits provided by this
system as a member of the academic staff of a California community
college or of the University of California, if that service does not
exceed a total for all employers of 960 hours in a fiscal year.
   (b) (1) This section shall not apply to a retired person otherwise
eligible to serve without reinstatement from retirement, if during
the 12-month period prior to an appointment described in this
section, that retired person receives unemployment insurance
compensation arising out of prior employment subject to this section
with the same employer.
   (2) A retired person who accepts an appointment after receiving
unemployment insurance compensation as described in this subdivision
shall terminate that employment on the last day of the current pay
period and shall not be eligible for reappointment subject to this
section for a period of 12 months following the last day of
employment. The retired person shall not be subject to Section 21202
or subdivision (b) of Section 21220.


21227.  (a) A retired person may serve without reinstatement from
retirement or loss or interruption of benefits provided by this
system as a member of the academic staff of the California State
University, if that service does not exceed a total for all employers
of 960 hours in a fiscal year or 50 percent of the hours the member
was employed during the last fiscal year of service prior to
retirement, whichever is less.
   (b) (1) This section shall not apply to a retired person otherwise
eligible to serve without reinstatement from retirement, if during
the 12-month period prior to an appointment described in this
section, that retired person receives unemployment insurance
compensation arising out of prior employment subject to this section
with the same employer.
   (2) A retired person who accepts an appointment after receiving
unemployment insurance compensation as described in this subdivision
shall terminate that employment on the last day of the current pay
period and shall not be eligible for reappointment subject to this
section for a period of 12 months following the last day of
employment. The retired person shall not be subject to Section 21202
or subdivision (b) of Section 21220.



21228.  A person retired for disability who has not attained the
mandatory age for retirement applicable to persons in the employment
in which he or she will be employed, and whom the board finds not
disabled for that employment, may be employed by any employer without
reinstatement from retirement in a position other than that from
which he or she retired or a position in the same member
classification. His or her disability retirement pension shall be
reduced during that employment to an amount that, when added to the
compensation received, shall equal the maximum compensation earnable
by a person holding the position that he or she held at the time of
his or her retirement. Any employment shall terminate upon his or her
attainment of the mandatory retirement age for persons in that
employment.



21229.  (a) A retired person may serve without reinstatement from
retirement or loss or interruption of benefits provided by this
system upon appointment by a school employer or by the Trustees of
the California State University either during an emergency to prevent
stoppage of public business or because the retired employee has
skills needed in performing specialized work of limited duration, if
that service does not exceed, in a fiscal year, a total of 960 hours
for all employers. The retired person's rate of pay for this
employment shall not be less than the minimum, nor exceed that paid
by the employer to other employees performing comparable duties.
   (b) (1) This section shall not apply to a retired person otherwise
eligible to serve without reinstatement from retirement, if during
the 12-month period prior to an appointment described in this
section, that retired person receives unemployment insurance
compensation arising out of prior employment subject to this section
with the same employer.
   (2) A retired person who accepts an appointment after receiving
unemployment insurance compensation as described in this subdivision
shall terminate that employment on the last day of the current pay
period and shall not be eligible for reappointment subject to this
section for a period of 12 months following the last day of
employment. The retired person shall not be subject to Section 21202
or subdivision (b) of Section 21220.



21230.  (a) A safety member who is retired for service, with at
least 20 years of service in corrections or at a jail, may serve
without reinstatement from service retirement or loss or interruption
of benefits provided by this system upon appointment by a
contracting agency described in subdivision (b) to the position of
superintendent, deputy superintendent, or captain of a jail or other
adult correctional facility of the contracting agency to which state
inmates have been transferred pursuant to an agreement, having a term
of 20 years, described in Section 2910 or 2910.5 of the Penal Code.
Appointments under this section shall be reported to the board and
shall be accompanied by the resolution adopted by the governing body
of the contracting agency.
   (b) This section applies only if the appointing contracting agency
is a city that does not maintain a municipal police department.



State Codes and Statutes

State Codes and Statutes

Statutes > California > Gov > 21220-21230

GOVERNMENT CODE
SECTION 21220-21230



21220.  (a) A person who has been retired under this system, for
service or for disability, may not be employed in any capacity
thereafter by the state, the university, a school employer, or a
contracting agency, unless the employment qualifies for service
credit in the University of California Retirement Plan or the State
Teachers' Retirement Plan, unless he or she has first been reinstated
from retirement pursuant to this chapter, or unless the employment,
without reinstatement, is authorized by this article. A retired
person whose employment without reinstatement is authorized by this
article shall acquire no service credit or retirement rights under
this part with respect to the employment.
   (b) Any retired member employed in violation of this article
shall:
   (1) Reimburse this system for any retirement allowance received
during the period or periods of employment that are in violation of
law.
   (2) Pay to this system an amount of money equal to the employee
contributions that would otherwise have been paid during the period
or periods of unlawful employment, plus interest thereon.
   (3) Contribute toward reimbursement of this system for
administrative expenses incurred in responding to this situation, to
the extent the member is determined by the executive officer to be at
fault.
   (c) Any public employer that employs a retired member in violation
of this article shall:
   (1) Pay to this system an amount of money equal to employer
contributions that would otherwise have been paid for the period or
periods of time that the member is employed in violation of this
article, plus interest thereon.
   (2) Contribute toward reimbursement of this system for
administrative expenses incurred in responding to this situation, to
the extent the employer is determined by the executive officer of
this system to be at fault.



21220.5.  A retired person who has not attained the normal
retirement age shall have a bona fide separation in service to the
extent required by the Internal Revenue Code, and the regulations
promulgated thereunder, before working after retirement pursuant to
this article. The board shall establish, by regulation, the criteria
under which a bona fide separation is satisfied.



21221.  A retired person may serve without reinstatement from
retirement or loss or interruption of benefits provided by this
system, as follows:
   (a) As a member of any board, commission, or advisory committee,
upon appointment by the Governor, the Speaker of the Assembly, the
President pro Tempore of the Senate, director of a state department,
or the governing board of the contracting agency. However, the
appointment shall not be deemed employment within the meaning of
Division 4 (commencing with Section 3200) and Division 4.5
(commencing with Section 6100) of the Labor Code, and shall not
provide a basis for the payment of workers' compensation to a retired
state employee or to his or her dependents.
   (b) As a school crossing guard.
   (c) As a juror or election officer.
   (d) As an elective officer on and after September 15, 1961.
However, all rights and immunities which may have accrued under
Section 21229 as it read prior to that section's repeal during the
1969 Regular Session of the Legislature are hereby preserved.
   (e) As an appointive member of the governing body of a contracting
agency. However, the compensation for that office shall not exceed
one hundred dollars ($100) per month.
   (f) Upon appointment by the Legislature, or either house, or a
legislative committee to a position deemed by the appointing power to
be temporary in nature.
   (g) Upon employment by a contracting agency to a position found by
the governing body, by resolution, to be available because of a
leave of absence granted to a person on payroll status for a period
not to exceed one year and found by the governing body to require
specialized skills. The temporary employment shall be terminated at
the end of the leave of absence. Appointments under this section
shall be reported to the board and shall be accompanied by the
resolution adopted by the governing body.
   (h) Upon appointment by the governing body of a contracting agency
to a position deemed by the governing body to be of a limited
duration and requiring specialized skills or during an emergency to
prevent stoppage of public business. These appointments, in addition
to any made pursuant to Section 21224, shall not exceed a total for
all employers of 960 hours in any fiscal year. When an appointment is
expected to, or will, exceed 960 hours in any fiscal year, the
governing body shall request approval from the board to extend the
temporary employment. The governing body shall present a resolution
to the board requesting action to allow or disallow the employment
extension. The resolution shall be presented prior to the expiration
of the 960 hour maximum for the fiscal year. The appointment shall
continue until notification of the board's decision is received by
the governing body. The appointment shall be deemed approved if the
board fails to take action within 60 days of receiving the request.
Appointments under this subdivision may not exceed a total of 12
months.
   (i) Upon appointment by the Administrative Director of the Courts
to the position of Court Security Coordinator, a position deemed
temporary in nature and requiring the specialized skills and
experience of a retired professional peace officer.



21222.  Notwithstanding Section 21221, if a retired person serves
without reinstatement from retirement in an elective office and part
or all of his or her retirement allowance is based on service in that
elective office, the portion of the allowance based on service in
that elective office shall be suspended during incumbency in that
elective office. The entire retirement allowance shall be paid for
time on and after the person vacates the elective office in the
monthly amount payable had the allowance not been suspended.
   The governing body of every employer other than the state shall
cause immediate notice to be given to this system of the election of
any retired person to an office of the employer.



21223.  A retired person may serve without reinstatement from
retirement or loss or interruption of benefits provided under this
system upon approval of the Director of the Department of Personnel
Administration or the governing body of a contracting agency, as the
case may be, under employment by any state or contracting agency in
which he or she previously served while a member of this system,
where by reason of actual litigation, or a proceeding before the
California Victim Compensation and Government Claims Board or the
governing body of a contracting agency, as the case may be, or where
the state or contracting agency desires to perpetuate testimony in
connection with any anticipated litigation involving the state or
contracting agency, and adverse interests, the services of the person
are or may be necessary in preparing for trial or in testifying as
to matters within or based upon his or her knowledge acquired while
employed. He or she may be paid a per diem and actual and necessary
traveling expenses, but he or she shall not be paid at a greater rate
of compensation per diem than the rate ordinarily paid other persons
by state agencies or the contracting agency for similar services.
However, there shall be deducted from the per diem compensation sums
equal to the retirement annuity allocable to the days of actual
employment under this section.



21224.  (a) A retired person may serve without reinstatement from
retirement or loss or interruption of benefits provided by this
system upon appointment by the appointing power of a state agency or
public agency employer either during an emergency to prevent stoppage
of public business or because the retired employee has skills needed
in performing work of limited duration. These appointments shall not
exceed a total for all employers of 960 hours in any fiscal year,
and the rate of pay for the employment shall not be less than the
minimum, nor exceed that paid by the employer to other employees
performing comparable duties.
   (b) (1) This section shall not apply to any retired person
otherwise eligible if during the 12-month period prior to an
appointment described in this section the retired person received any
unemployment insurance compensation arising out of prior employment
subject to this section with the same employer.
   (2) A retired person who accepts an appointment after receiving
unemployment insurance compensation as described in this subdivision
shall terminate that employment on the last day of the current pay
period and shall not be eligible for reappointment subject to this
section for a period of 12 months following the last day of
employment. The retired person shall not be subject to Section 21202
or subdivision (b) of Section 21220.



21225.  (a) A retired person may serve without reinstatement from
retirement or loss or interruption of benefits provided by this
system as a substitute in a position requiring certification
qualifications, pursuant to Section 59007 or 59113 of the Education
Code, at the California School for the Deaf or the California School
for the Blind, if that service does not exceed a total for all
employers of 960 hours in a fiscal year.
   (b) (1) This section shall not apply to a retired person otherwise
eligible to serve without reinstatement from retirement, if during
the 12-month period prior to an appointment described in this
section, that retired person receives unemployment insurance
compensation arising out of prior employment subject to this section
with the same employer.
   (2) A retired person who accepts an appointment after receiving
unemployment insurance compensation as described in this subdivision
shall terminate that employment on the last day of the current pay
period and shall not be eligible for reappointment subject to this
section for a period of 12 months following the last day of
employment. The retired person shall not be subject to Section 21202
or subdivision (b) of Section 21220.



21226.  (a) A retired person may serve without reinstatement from
retirement or loss or interruption of benefits provided by this
system as a member of the academic staff of a California community
college or of the University of California, if that service does not
exceed a total for all employers of 960 hours in a fiscal year.
   (b) (1) This section shall not apply to a retired person otherwise
eligible to serve without reinstatement from retirement, if during
the 12-month period prior to an appointment described in this
section, that retired person receives unemployment insurance
compensation arising out of prior employment subject to this section
with the same employer.
   (2) A retired person who accepts an appointment after receiving
unemployment insurance compensation as described in this subdivision
shall terminate that employment on the last day of the current pay
period and shall not be eligible for reappointment subject to this
section for a period of 12 months following the last day of
employment. The retired person shall not be subject to Section 21202
or subdivision (b) of Section 21220.


21227.  (a) A retired person may serve without reinstatement from
retirement or loss or interruption of benefits provided by this
system as a member of the academic staff of the California State
University, if that service does not exceed a total for all employers
of 960 hours in a fiscal year or 50 percent of the hours the member
was employed during the last fiscal year of service prior to
retirement, whichever is less.
   (b) (1) This section shall not apply to a retired person otherwise
eligible to serve without reinstatement from retirement, if during
the 12-month period prior to an appointment described in this
section, that retired person receives unemployment insurance
compensation arising out of prior employment subject to this section
with the same employer.
   (2) A retired person who accepts an appointment after receiving
unemployment insurance compensation as described in this subdivision
shall terminate that employment on the last day of the current pay
period and shall not be eligible for reappointment subject to this
section for a period of 12 months following the last day of
employment. The retired person shall not be subject to Section 21202
or subdivision (b) of Section 21220.



21228.  A person retired for disability who has not attained the
mandatory age for retirement applicable to persons in the employment
in which he or she will be employed, and whom the board finds not
disabled for that employment, may be employed by any employer without
reinstatement from retirement in a position other than that from
which he or she retired or a position in the same member
classification. His or her disability retirement pension shall be
reduced during that employment to an amount that, when added to the
compensation received, shall equal the maximum compensation earnable
by a person holding the position that he or she held at the time of
his or her retirement. Any employment shall terminate upon his or her
attainment of the mandatory retirement age for persons in that
employment.



21229.  (a) A retired person may serve without reinstatement from
retirement or loss or interruption of benefits provided by this
system upon appointment by a school employer or by the Trustees of
the California State University either during an emergency to prevent
stoppage of public business or because the retired employee has
skills needed in performing specialized work of limited duration, if
that service does not exceed, in a fiscal year, a total of 960 hours
for all employers. The retired person's rate of pay for this
employment shall not be less than the minimum, nor exceed that paid
by the employer to other employees performing comparable duties.
   (b) (1) This section shall not apply to a retired person otherwise
eligible to serve without reinstatement from retirement, if during
the 12-month period prior to an appointment described in this
section, that retired person receives unemployment insurance
compensation arising out of prior employment subject to this section
with the same employer.
   (2) A retired person who accepts an appointment after receiving
unemployment insurance compensation as described in this subdivision
shall terminate that employment on the last day of the current pay
period and shall not be eligible for reappointment subject to this
section for a period of 12 months following the last day of
employment. The retired person shall not be subject to Section 21202
or subdivision (b) of Section 21220.



21230.  (a) A safety member who is retired for service, with at
least 20 years of service in corrections or at a jail, may serve
without reinstatement from service retirement or loss or interruption
of benefits provided by this system upon appointment by a
contracting agency described in subdivision (b) to the position of
superintendent, deputy superintendent, or captain of a jail or other
adult correctional facility of the contracting agency to which state
inmates have been transferred pursuant to an agreement, having a term
of 20 years, described in Section 2910 or 2910.5 of the Penal Code.
Appointments under this section shall be reported to the board and
shall be accompanied by the resolution adopted by the governing body
of the contracting agency.
   (b) This section applies only if the appointing contracting agency
is a city that does not maintain a municipal police department.