BILL NUMBER: SB 400 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JULY 15, 1999
AMENDED IN ASSEMBLY JUNE 24, 1999
AMENDED IN ASSEMBLY MAY 19, 1999
AMENDED IN SENATE APRIL 22, 1999
AMENDED IN SENATE APRIL 6, 1999
INTRODUCED BY Senator Ortiz
(Principal coauthor: Senator Burton)
FEBRUARY 12, 1999
An act to amend Sections 20391, 20392, 20393, 20395, 20397,
20398, 20405.1, 20405.3, 20407, 20409, 20677, 20683, 20687,
20822, 21070, 21071, 21072, 21073.5, 21077, 21130, 21337,
21353, 21353.5, 21362, 21363, 21363.5, 21363.6, 21369, 21372, 21373,
21374, 21403, 21407, 21572, 21573, and 21581 of, and to add Sections
20035.5, 21073.1, 21073.7, 21328, 21354.1, 21362.2, 21363.1, 21369.1,
and 21403.1 to, and to add and repeal Section 21574.7 of, the
Government Code, relating to the Public Employees' Retirement System
, and making an appropriation therefor .
LEGISLATIVE COUNSEL'S DIGEST
SB 400, as amended, Ortiz. Public Employees' Retirement System:
benefits.
(1) Under the Public Employees' Retirement Law, retirement
allowances for school members are calculated, in part, based on the
highest average compensation earnable during a consecutive 3-year
period.
This bill would instead base that calculation on the highest
average compensation earnable during a consecutive 12-month period.
(2) The Public Employees' Retirement Law defines "state peace
officer/firefighter" in terms of employees employed by specified
state departments in specified job classifications and provides
higher retirement benefit formulas and higher employer and employee
contribution rates for state peace officer/firefighter members than
for state miscellaneous members.
This bill would add the Sergeants-at-Arms of each house of the
State Legislature, excluding the Chief Sergeant-at- Arms, within the
state peace officer/firefighter membership category.
(3) The Public Employees' Retirement Law establishes
retirement plans formulas , known as
the Second Tier and the Modified modified
First Tier, that are applicable to specified members of the
system.
This bill would close those plans formulas
to state employees hired on or after January 1, 2000,
authorize current members subject to
Second Tier members benefits to elect
to become subject to First Tier members,
benefits and contribution rates, thereby making an
appropriation; and provide that current Modified
modified First Tier members will become
subject to First Tier members unless they
elect to remain in subject to the
Modified modified First Tier. The bill
would also establish the means for members subject to
Second Tier members to elect to have their former
Second Tier service converted to First Tier service.
(3)
(4) The Public Employees' Retirement Law prescribes a 2% at
age 60 retirement formula for state miscellaneous, university, state
industrial and school members.
This bill would make that formula inapplicable to those members
who retire on or after January 1, 2000, and would instead prescribe a
2% at age 55 retirement formula, as specified. The bill would also
provide a 2 to 5%, inclusive, retirement allowance increase for
retired state and school members, as specified, and make related
technical changes.
(4)
(5) The Public Employees' Retirement Law prescribes a 2% at
age 50 retirement formula for members of the California Highway
Patrol and specified local safety members, a 2.5% at age 55
retirement formula for state peace officer/firefighter members and
specified local safety members, and a 2% at age 55 retirement formula
for state safety members and specified local safety members.
This bill would make those formulas inapplicable to those state
members who retire on or after January 1, 2000, and would instead
prescribe a 3% at age 50 retirement formula for members of the
California Highway Patrol and a 3% at age 55 for state peace
officer/firefighter members, as specified, provide an enhanced
retirement formula for state safety members, as specified, and make
related technical changes.
(5)
(6) The Public Employees' Retirement Law provides
preretirement death benefits for the surviving spouse or children, or
both, as specified, of state members and specified school members
not covered by the federal Social Security Act and prescribes the
member contribution for those benefits. A surviving spouse becomes
eligible for certain of these benefits when he or she attains the age
of 62 years and meets other specified criteria.
This bill would, on January 1, 2000, and until January 1, 2010,
increase those benefits, revise the member contribution rate, and
decrease the surviving spouse's eligibility age to 60 years.
Vote: majority. Appropriation: no yes
. Fiscal committee: yes. State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 20035.5 is added to the Government Code, to
read:
20035.5. Notwithstanding Section 20037, "final compensation" for
the purposes of determining any pension or benefit with respect to a
school member who retires on or after January 1, 2000, means the
highest annual compensation that was earnable by the school member
during the consecutive 12-month period of employment immediately
preceding the effective date of his or her retirement or the date of
his or her last separation from service if earlier or during any
other period of 12 consecutive months during his or her membership in
this system that the member designates on the application for
retirement.
SEC. 2. Section 20391 of the Government Code is amended to read:
20391. "State peace officer/firefighter member" means:
(a) All persons in the Board of Prison Terms, the Department of
Consumer Affairs, the Department of Developmental Services, the
Department of Health Services, the Department of Toxic Substances
Control, the Horse Racing Board, the Department of Industrial
Relations, the Department of Insurance, the Department of Mental
Health, the Department of Motor Vehicles, the Department of Social
Services employed with the class title of Special Investigator (Class
Code 8553), Senior Special Investigator (Class Code 8550), and
Investigator Assistant (Class Code 8554) who have been designated as
peace officers as defined in Sections 830.2 and 830.3 of the Penal
Code.
(b) All persons in the Department of Alcoholic Beverage Control
employed with the class title Investigator Trainee, Alcoholic
Beverage Control (Class Code 7553), Investigator I, Alcoholic
Beverage Control, Range A and B (Class Code 7554), and Investigator
II, Alcoholic Beverage Control (Class Code 7555) who have been
designated as peace officers as defined in Sections 830.2 and 830.3
of the Penal Code.
(c) All persons within the Department of Justice who are state
employees as defined in subdivision (c) of Section 3513 and who have
been designated as peace officers and performing investigative
duties.
(d) All persons in the Department of Parks and Recreation employed
with the class title of Park Ranger (Intermittent) (Class Code 0984)
who have been designated as peace officers as defined in Sections
830.2 and 830.3 of the Penal Code. Any person so designated may
elect, within 90 days of notification by the board, to remain subject
to the service retirement benefit and normal rate of contribution
applicable prior to July 3, 1984, by filing an irrevocable notice of
election with the board. A member who so elects shall, on and after
January 1, 2000, be subject to the reduced benefit factors specified
in Section 21354.1 only for service also included in the federal
system.
(e) All persons in the Franchise Tax Board who have been
designated as peace officers in subdivision (s) of Section 830.3 of
the Penal Code.
SEC. 3. Section 20392 of the Government Code is amended to read:
20392. "State peace officer/firefighter member" also includes
officers and employees with the following class titles of:
Class
Code Classification
6875 Air Operations Officer I
1056 Air Operations Officer II
1053 Air Operations Officer III
6877 Air Operations Officer I (Maintenance)
6882 Air Operations Officer II (Maintenance)
1050 Air Operations Officer III (Maintenance)
8997 Arson and Bomb Investigator
9694 Board Coordinating Parole Agent, Youthful
Offender
Parole Board
9904 Correctional Counselor I
9903 Correctional Counselor II
9662 Correctional Officer
9911 Case Work Specialist, Youth Authority
9013 Deputy State Fire Marshal III (Specialist)
9086 Deputy State Fire Marshal
9010 Deputy State Fire Marshal III (Supervisor)
1077 Fire Apparatus Engineer
1095 Fire Captain
1072 Fire Control Aid
8979 Firefighter
1083 Firefighter I
1082 Firefighter II
9001 Firefighter (Correctional Institution)
8990 Firefighter/Security Officer
1047 Fire Prevention Officer I
1049 Fire Prevention Officer II
9090 Fire Service Training Specialist III
8418 Fish and Game Patrol, Lieutenant
8421 Fish and Game Warden, Department of Fish and Game
9039 Senior Food and Drug Investigator
9028 Food and Drug Program Specialist
9007 Food Technology Specialist
1060 Forestry Aid
1046 Forestry Pilot (Helicopter)
9579 Group Supervisor
9578 Group Supervisor Trainee
6387 Heavy Fire Equipment Operator
1937 Hospital Peace Officer I
8416 Lieutenant Fish and Game Patrol Boat
0992 Lifeguard
8217 Medical Technical Assistant, Correctional
Facility
1992 Museum Security Officer I
9701 Parole Agent I, Youth Authority
9765 Parole Agent I, Adult Parole
9696 Parole Agent II, Youth Authority (Specialist)
9763 Parole Agent II, Adult Parole (Supervisor)
9762 Parole Agent II, Adult Parole (Specialist)
8215 Senior Medical Technical Assistant
8359 Sergeant, California State Police
8980 State Fire Marshal Trainee
9723 State Forest Ranger I (Nonsupervisory)
9724 State Forest Ranger II (Nonsupervisory)
0983 State Park Ranger I
8464 State Police Officer
8358 State Security Officer
8989 Captain Firefighter/Security Officer
8410 Warden-Pilot Department of Fish and Game
9581 Youth Counselor
Any person so designated may elect, within 90 days of notification
by the board, to remain subject to the service retirement benefit
and the normal rate of contribution applicable prior to July 3, 1984,
by filing an irrevocable notice of election with the board. A
member who so elects shall, on and after January 1, 2000, be subject
to the reduced benefit factors specified in Section 21354.1 only for
service also included in the federal system.
SEC. 4. Section 20393 of the Government Code is amended to read:
20393. "State peace officer/firefighter member" also means:
(a) All persons in the office of the Secretary of State, office of
the Controller, and the Public Employees' Retirement System employed
on a full-time permanent basis with the class title of Special
Investigator (Class Code 8553), Senior Special Investigator (Class
Code 8550), and Investigator Assistant (Class Code 8554) who have
been designated as peace officers as defined in Sections 830.2 and
830.3 of the Penal Code.
(b) All persons employed on a full-time permanent basis with the
class title of Corporations Investigator (Class Code 8570) or
Associate Corporations Investigator (Class Code 8571) who have been
designated as peace officers as defined in Sections 830.2 and 830.3
of the Penal Code.
(c) All persons employed on a full-time permanent basis with the
class title of Sergeant, State Fair Police (Class Code 1946), State
Fair Police Officer (Class Code 1945), Lottery Agent (Class Code
8602), District Representative I and II, Division of Codes and
Standards (Class Codes 8960 and 8958), Deputy Registrar of
Contractors I and II (Class Codes 8793 and 8792), Polygraph Examiner,
California Department of Youth Authority (Class Code 8542),
Community Services Consultant I (Class Code 9717), or Parole Service
Associate (Class Code 9776) who have been designated as peace
officers as defined in Sections 830.2, 830.3, and 830.5 of the Penal
Code.
(d) All persons employed on a full-time permanent basis with the
class title of Forester I (Class Code 1054) and Forester II (Class
Code 9721).
Any person so designated may elect, within 90 days of notification
by the board, to remain subject to the service retirement benefit
and the normal rate of contribution applicable prior to the effective
date that this section is applicable to the member by filing an
irrevocable notice of election with the board. A member who so
elects shall, on and after January 1, 2000, be subject to the reduced
benefit factors specified in Section 21354.1 only for service also
included in the federal system.
SEC. 5. Section 20395 of the Government Code is amended to read:
20395. "State peace officer/firefighter member" means all members
who are full-time permanent employees represented in Corrections
Unit No. 6, Protective Services and Public Safety Unit No. 7, and
Firefighters Unit No. 8 and are employed in class titles that are
designated as peace officer as defined in Chapter 4.5 (commencing
with Section 830) of Title 3 of Part 2 of the Penal Code or are
firefighters whose principal duties consist of active
firefighting/fire suppression.
A member who is employed in a position that is reclassified from
state miscellaneous to state peace officer/firefighter pursuant to
this section, may make an irrevocable election in writing to remain
subject to the miscellaneous service retirement benefit and the
normal rate of contribution by filing a notice of the election with
the board within 90 days of notification by the board. A member who
so elects shall, on and after January 1, 2000, be subject to the
reduced benefit factors specified in Section 21354.1 only for service
also included in the federal system.
Notwithstanding any other provision of law, security officers
employed by the Department of Justice are not state peace
officer/firefighter members, but are, for all purposes, state
miscellaneous members.
SEC. 6. Section 20397 of the Government Code is amended to
read:
20397. "State peace officer/firefighter member" also includes
bailiffs :
(1) The Sergeants-at-Arms of each house of the Legislature who
have been designated as peace officers in subdivision (a) of Section
830.36 of the Penal Code, excluding the Chief Sergeant-at-Arms.
(2) Bailiffs and security coordinators of the judicial
branch who have been designated as peace officers in subdivision (b)
of Section 830.36 of the Penal Code.
A member who is reclassified from state miscellaneous to state
peace officer/firefighter pursuant to this section, may make an
irrevocable election in writing to remain subject to the
miscellaneous service retirement benefit and the normal rate of
contribution by filing a notice of the election with the board within
90 days of notification by the board. A member who so elects shall
, on and after January 1, 2000, be subject to the reduced
benefit factors specified in Section 21353
21354.1 only for service included in the federal system.
SEC. 7. Section 20398 of the Government Code is amended to
read:
20398. "State peace officer/firefighter member" also includes:
(a) State officers and employees designated as peace officers as
defined in Sections 830.1, 830.2, 830.3, 830.38, 830.4, and 830.5 of
the Penal Code, except a patrol member, or a firefighter whose
principal duties consist of active firefighting/fire suppression, who
is either excluded from the definition of state employee in
subdivision (c) of Section 3513 or is a nonelected officer or
employee of the executive branch of government who is not a member of
the civil service, provided, that those officers and employees have
responsibility for the direct supervision of state peace
officer/firefighter personnel specified in Sections 20391, 20392,
20393, and 20395. The Department of Personnel Administration shall
annually determine which classes meet the above conditions and are
not classes specified in Sections 20391, 20392, 20393, and 20395, and
report its findings to the Legislature and to this system, to be
effective July 1 of each year.
(b) Members who are reclassified pursuant to this section may file
an irrevocable election to remain subject to their prior retirement
formula and the corresponding rate of contributions. The Director of
Corrections may, upon appointment to that office on or after January
1, 1999, file an irrevocable election to be subject to the
industrial formula and the corresponding rate of contributions. The
elections must be filed within 90 days of notification by the board.
Members who so elect shall, on and after January 1, 2000, be subject
to the reduced benefit factor specified in Section 21354.1 only for
the service included in the federal system.
SEC. 7.
SEC. 8. Section 20405.1 of the Government Code is amended to
read:
20405.1. Notwithstanding Section 20405, this section shall apply
to state employees in State Bargaining Unit 16.
(a) On and after the effective date of this section, state safety
members shall also include officers and employees whose
classifications or positions are found to meet the state safety
criteria prescribed in Section 19816.20, provided the Department of
Personnel Administration agrees to their inclusion. The effective
date of safety membership shall be the date on which the department
and the employees' exclusive representative reach agreement by
memorandum of understanding pursuant to Section 3517.5.
(b) The department shall notify the board as new classes or
positions become eligible for state safety membership, as specified
in subdivision (a), and specify how service prior to the effective
date shall be credited.
(c) Notwithstanding Section 7550.5, the department shall prepare
and submit to the Legislature an annual report that contains the
classes or positions that are eligible for state safety membership
under this section.
(d) Any person designated as a state safety member pursuant to
this section may elect, within 90 days of notification by the board,
to remain subject to the miscellaneous or industrial service
retirement benefit and contribution rate by filing an irrevocable
election with the board. A member who so elects shall, on and after
January 1, 2000, be subject to the reduced benefit factors specified
in Section 21076 or Section 21354.1 only for service also included in
the federal system.
SEC. 8.
SEC. 9. Section 20405.3 of the Government Code is amended to
read:
20405.3. (a) Notwithstanding Section 20405, this section shall
apply only to state employees in State Bargaining Unit 19.
(b) On and after the effective date of this section, state safety
members shall also include officers and employees whose
classifications or positions are found to meet the state safety
criteria prescribed in Section 19816.23, provided the Department of
Personnel Administration agrees to their inclusion. The effective
date of safety membership shall be the date on which the department
and the employees' exclusive representative reach agreement by
memorandum of understanding pursuant to Section 3517.5.
(c) The department shall notify the board as new classes or
positions become eligible for state safety membership, as specified
in subdivision (a), and specify how service prior to the effective
date shall be credited.
(d) Notwithstanding Section 7550.5, the department shall prepare
and submit to the Legislature an annual report that contains the
classes or positions that are eligible for state safety membership
under this section.
(e) Any person designated as a state safety member pursuant to
this section may elect, within 90 days of notification by the board,
to remain subject to the miscellaneous or industrial service
retirement benefit and contribution rate by filing an irrevocable
election with the board. A member who so elects shall, on and after
January 1, 2000, be subject to the reduced benefit factors specified
in Section 21076 or Section 21354.1 only for service also included in
the federal system.
SEC. 9.
SEC. 10. Section 20407 of the Government Code is amended to
read:
20407. "State safety member" also includes officers and employees
with the State Department of Mental Health and the Department of
Corrections in the following classifications:
Classification
Code Classification Title
8254 Prelicensed Psychiatric Technician
(forensic facility)
8253 Psychiatric Technician
(forensic facility)
8252 Senior Psychiatric Technician
(forensic facility)
8212 Nurse Practitioner
(forensic facility)
8160 Health Services Specialist
(forensic facility)
7601 Program Director-Medical
(forensic facility)
"State safety member" also includes an officer or employee of the
State Department of Mental Health at Patton State Hospital or
Atascadero State Hospital, the State Department of Mental Health
Psychiatric Program of California Medical Facility at Vacaville, or
any other state hospital that is deemed a forensic facility, who
either is excluded from the definition of state employee in
subdivision (c) of Section 3513 or is a nonelected officer or
employee of the executive branch of government who is not a member of
the civil service. An officer or employee may be a state safety
member under this paragraph only if the person has responsibility for
the direct supervision of state safety personnel specified in the
classifications listed in this section and if the State Personnel
Board determines that these officers and employees meet the state
safety membership criteria established pursuant to Section 18717.
The Department of Personnel Administration shall determine which
classes meet the above conditions and report its findings to the
Public Employees' Retirement System, whereupon the change in
membership categories shall take effect.
Any person so designated pursuant to this section may elect,
within 90 days of notification by the board, to remain subject to the
miscellaneous service retirement benefit and contribution rate by
filing an irrevocable notice of election with the board. A member
who so elects shall, on and after January 1, 2000, be subject to the
reduced benefit factors specified in Section 21354.1 only for service
also included in the federal system.
SEC. 10.
SEC. 11. Section 20409 of the Government Code is amended to
read:
20409. "State safety member" shall also include officers and
employees of the following departments with the following class
titles:
Class
Code Classification Department
8330 Aircraft Pilot, Justice
Department of Justice
8997 Arson and Bomb Fire Marshal
Investigator
9027 Assistant Chief, Food Health Services
and Drug Section
8609 Chief, Bureau of Insurance
Fraudulent Claims,
Department of
Insurance
8610 Chief, Division of Consumer Affairs
Investigations,
Department of
Consumer Affairs
8988 Chief Veterans Affairs
Firefighter/Security
Guard
9030 Chief, Food and Drug Health Services
Section
8613 Chief, Investigation Health Services
Bureau, Department
of Health Services
1986 Chief Museum Museum of Science and Industry
Security Officer
8673 Deputy Division Alcoholic Beverage Control
Chief, Alcoholic
Beverage Control
8677 District Administrator, Alcoholic Beverage Control
Alcoholic Beverage
Control
8990 Firefighter/Security Veterans Affairs
Guard
8966 Division Chief, Fire Marshal
California State
Fire Marshal
9090 Fire Service Training Fire Marshal
Specialist III
9091 Fire Service Training Fire Marshal
Supervisor
9028 Food and Drug Health Services
Program Coordinator
9029 Food and Drug Health Services
Regional
Administrator
9042 Food and Drug Health Services
Specialist II
9039 Food and Drug Health Services
Specialist III
9036 Food and Drug Health Services
Specialist IV
9043 Food and Drug Health Services
Trainee
9007 Food Technology Health Services
Specialist
1937 Hospital Peace Developmental Services, Mental
Officer I Health, Consumer Affairs
1936 Hospital Peace Developmental Services, Mental
Officer II Health, Consumer Affairs
1935 Hospital Peace Developmental Services, Mental
Officer III Health
1992 Museum Security Museum of Science and Industry
Officer
0891 Park Safety and Parks and Recreation
Enforcement
Supervisor
0890 Park Safety and Parks and Recreation
Enforcement
Specialist
8358 State Security Officer General Services
8999 Chief Arson Fire Marshal
and Bomb
Investigator
8989 Supervising Veterans Affairs
Firefighter/Security
Guard
1988 Supervising Museum Museum of Science and Industry
Security Officer
8678 Supervising Special Alcoholic Beverage Control
Investigator, Alcoholic
Beverage Control
(b) Any person employed in the classifications described in
subdivision (a) in the department indicated may elect, within 90 days
of September 27, 1982, to remain subject to the miscellaneous
service retirement benefit by filing an irrevocable notice of
election with the board. A member who so elects shall, on and after
January 1, 2000, be subject to the reduced benefit factors specified
in Section 21354.1 only for service also included in the federal
system.
(c) This section shall not become applicable to any member
included in a classification until a ruling or regulation authorizing
the inclusion of persons employed in that classification within the
definition of "policeman" or "fireman," or both, is issued by the
federal agency for purposes of Section 418(d)(5)(A) of Title 42 of
the United States Code.
SEC. 11.
SEC. 12. Section 20677 of the Government Code is amended to
read:
20677. (a) (1) The normal rate of contribution for a state
miscellaneous member whose service is not included in the federal
system shall be 6 percent of the compensation in excess of three
hundred seventeen dollars ($317) per month paid that member for
service rendered on and after July 1, 1976. The normal rate of
contribution for a school member, or a local miscellaneous member
shall be 7 percent of the compensation paid that member for service
rendered on and after June 21, 1971.
(2) The normal rate of contribution for a state miscellaneous or
industrial member, who has elected to be subject to Section 21353.5
and whose service is not included in the federal system, shall be 6
percent of the member's compensation.
(3) The normal rate of contribution as established under this
subdivision for a member whose service is included in the federal
system, and whose service retirement allowance is reduced under
Section 21353, 21353.5, 21354, or 21354.1 because of that inclusion,
shall be reduced by one-third as applied to compensation not
exceeding four hundred dollars ($400) per month for service after the
date of execution of the agreement including service in the federal
system and prior to termination of the agreement with respect to the
coverage group to which he or she belongs.
(b) (1) The normal rate of contribution for a state miscellaneous
member whose service has been included in the federal system shall be
5 percent of compensation in excess of five hundred thirteen dollars
($513) per month paid that member for service rendered on and after
July 1, 1976.
(2) The normal rate of contribution for a state miscellaneous or
industrial member, who has elected to be subject to Section 21353.5
and whose service has been included in the federal system, shall be 5
percent of compensation, subject to the reduction specified in
paragraph (3) of subdivision (a).
(c) The normal rate of contribution for a state miscellaneous or
industrial member who is subject to Section 21076 or Section 21077
shall be 0 percent
(d) A member who elected to become subject to Section 21353 solely
for service rendered on or after the effective date of the election,
as authorized by subdivision (c) of Section 21070 during the period
between November 1, 1988, and October 31, 1989, is not required to
make the contributions specified in Section 21073.
(e) A member who elects to become subject to Section 21354.1 shall
contribute at the rate specified in paragraph (1) of subdivision (a)
or paragraph (1) of subdivision (b), as determined by the member's
status with the federal system, and the rate shall be applied from
the first of the month following the date of the election. A member
who makes the election shall also contribute for service prior to the
date the contribution rate was applied, in the manner specified in
Section 21073.
SEC. 12.
SEC. 13. Section 20683 of the Government Code is amended to
read:
20683. (a) For each state member subject to Section 21369 or
21369.1, the normal rate of contribution shall be 6 percent of
compensation in excess of three hundred seventeen dollars ($317) per
month paid to a member whose service is not included in the federal
system or in excess of five hundred thirteen dollars ($513) for one
whose service is included in the federal system.
(b) For each local safety member subject to Section 21369, the
normal rate of contribution shall be 7 percent of compensation.
(c) The normal rate of contribution as established under this
section for a local member whose service is included in the federal
system and whose retirement allowance is reduced because of that
inclusion shall be reduced by one-third as applied to compensation
not exceeding four hundred dollars ($400) per month for service
rendered after the date of execution of the modification of the
federal-state agreement including those services in the federal
system and prior to termination of his or her coverage under the
federal system.
(d) The operative date of this section with respect to a local
safety member shall be the date upon which he or she becomes subject
to Section 21369.
SEC. 13.
SEC. 14. Section 20687 of the Government Code is amended to
read:
20687. (a) The normal rate of contribution for state peace
officer/firefighter members and for local safety members subject to
Section 21363 or 21363.1 shall be 8 percent of the compensation in
excess of two hundred thirty-eight dollars ($238) per month paid
those members.
(b) Notwithstanding subdivision (a), the normal rate of
contribution for local safety members of the City of Sacramento
subject to Section 21363 shall be 9 percent of compensation paid
those members.
(c) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if those provisions
of a memorandum of understanding require the expenditure of funds,
those provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.
SEC. 14.
SEC. 15. Section 20822 of the Government Code is amended to read:
20822. From the General Fund in the State Treasury there is
appropriated annually, 12 months in arrears, on July 1 of each fiscal
year, beginning July 1, 1994, to the retirement fund the state's
contribution for:
(a) All state miscellaneous members and all other categories of
members whose compensation is paid from the General Fund.
(b) All university members whose compensation is paid from funds
of, or funds appropriated to, the university.
(c) All state miscellaneous members who are employed by the State
Department of Education or the Department of Rehabilitation and whose
compensation is paid from the Vocational Education Federal Fund, the
Vocational Rehabilitation Federal Fund, or any other fund received,
in whole or in part, as a donation to the state under restrictions
preventing its use for state contributions to the retirement system.
(d) All state miscellaneous members and all other categories
of members whose compensation is paid from the Senate Operating
Fund or the Assembly Operating Fund or the Operating Funds of the
Assembly and Senate.
SEC. 16. Section 21070 of the Government Code is amended to
read:
21070. (a) Effective January 1, 1985, there shall be an
alternative level of benefits available to the following state
miscellaneous members: (1) members who are excluded from the
definition of state employee in subdivision (c) of Section 3513; (2)
members employed by the executive branch of government who are not
members of the civil service; and (3) members in state bargaining
units for which a memorandum of understanding has been agreed to by
the state employer and the recognized employee organization to become
subject to this section. Effective September 1, 1986, this section
shall apply to members employed by the state as provided for in
Article VI of the California Constitution. The board shall provide
the affected members a one-month election period commencing on August
1, 1986. This section does not apply to state miscellaneous members
employed by the California State University or the University of
California. This section shall not apply to any employee described
by Section 20324 unless and until the employer, as defined in Section
20902, adopts a resolution approving that application.
(b) Effective September 1, 1986, there shall be an alternate level
of benefits available to the following state industrial members:
(1) members in state bargaining units for which a memorandum of
understanding has been agreed to by the state employer and the
recognized employee organization to become subject to this section;
(2) members who are excluded from the definition of state employees
in subdivision (c) of Section 3513; and (3) members employed by the
executive branch of government who are not members of the civil
service. The board shall provide the affected members a one-month
election period commencing on August 1, 1986.
(c) Members eligible to participate in the alternative level of
benefits, referred to in this part as the Second Tier, may make an
irrevocable election during the period from November 1, 1988, through
October 31, 1989, to: (1) become subject to the Second Tier
benefits provided for in Section 21076 for all past state
miscellaneous and state industrial service and all future state
miscellaneous and state industrial service not excluded by this
section; (2) become subject to the Second Tier benefits provided for
in Section 21077 for state miscellaneous and state industrial service
not excluded by this section rendered on and after the effective
date of the election to be subject to the Second Tier. Any election
by a member to be subject to Section 21076 or 21077 shall also be
signed by the spouse of the member and both signatures shall be
notarized; (3) become subject to the First Tier retirement formula
prescribed by Section 21354.1 for state miscellaneous and state
industrial service rendered on or after the effective date of the
election, provided that the member had previously elected coverage
pursuant to Section 21076 or 21077 and makes the contributions
specified in Section 20677; or (4) become subject to the First Tier
retirement formula prescribed by Section 21354.1 for all past and
future state miscellaneous and state industrial service, provided
that the member had previously elected coverage pursuant to Section
21076 or 21077 and the member makes the contributions specified in
Sections 20677 and 21073. The right of eligible members to elect
coverage under the retirement formula of their choice shall apply
solely during the above-prescribed one-year period, subject to
conditions to be established and communicated by the board.
Thereafter, and until January 1, 2000, the board shall provide a
30-day period every five years for eligible members to make an
irrevocable election to be subject to the Second Tier benefits
provided for in Section 21076 or 21077. Eligible members who
previously elected Section 21077 may make an irrevocable election to
become subject to Section 21076 for all past state miscellaneous and
state industrial service during this election period. The first
election period shall be held five years from the ending date of the
one-year election period specified in this subdivision.
The effective date of any election filed with the board shall be
the first of the month following the date the election is received in
the system, provided the election meets the conditions set by the
board. Any election filed with the board under this subdivision
shall also be signed by the spouse of the member and both signatures
shall be notarized.
(d) Persons who become state miscellaneous or state industrial
members described in this section or who become such members under
Article 3 (commencing with Section 20320) of Chapter 3 of this part
on or after the Second Tier effective date applicable to the member,
shall be subject to Section 21077 unless an election is filed with
the board to be subject to Section 21354.1 and the member makes the
contributions specified in Section 20677. The appointing authority
shall provide the member with the election form and the member shall
exercise the election within one year of becoming a member. The
effective date of the election shall be the date on which the member
became a state miscellaneous or state industrial member.
(e) A state miscellaneous or state industrial member who, on or
after the effective date of an election to be subject to Section
21076 or 21077, ceases to be a member pursuant to Section 20340 or
21075 shall, upon again becoming a state miscellaneous or state
industrial member, be subject to Section 21076 or 21077 in accordance
with his or her previous irrevocable election. This subdivision
does not apply to persons who return to membership as employees of
the California State University.
Except as otherwise provided in this part, a state miscellaneous
or state industrial member subject to Section 21076 or 21077 is
subject to all other provisions applicable to state miscellaneous
members except those provisions that provide for the payment of an
annuity based on contributions. Notwithstanding any other provision
of this part, member contributions are not required for any service
credit that is subject to Section 21076.
(f) Notwithstanding any other provision in subdivisions (a) to
(e), inclusive, this section does not apply to a state miscellaneous
or state industrial member who, on or after January 1, 2000, (1) was
employed, (2) returned to employment from a break in service of more
than 90 days, or (3) returned to employment after ceasing to be a
member pursuant to Section 20340 or 21075.
SEC. 15.
SEC. 17. Section 21071 of the Government Code is amended to
read:
21071. (a) Notwithstanding any other provision of this article,
except as provided in subdivisions (b) and (c), persons who first
become state miscellaneous or state industrial members of the system
on or after July 1, 1991, and prior to January 1, 2000, and who are
(1) excluded from the definition of state employee in subdivision (c)
of Section 3513, (2) employed by the executive branch of government
and are not members of the civil service, or (3) included in the
definition of state employee in subdivision (c) of Section 3513 shall
become subject to Section 21076.
(b) Any person who was a member on or before June 30, 1991,
eligible to elect membership on or before June 30, 1991, or who was
employed in any position on or before June 30, 1991, that would lead
to membership as a state member, as defined in Section 20370, and who
thereafter enters employment subject to Section 21076 shall, until
January 1, 2000, be granted the rights provided in subdivision (c) of
Section 21070, unless the person had earlier made an irrevocable
election to be subject to Section 21076 or 21077. The one-year
period in which to make the election provided in subdivision (c) of
Section 21070 for any member who became a state member prior to
January 1, 1994, shall commence with the mailing of a notice by the
system to the member, of his or her election right. The effective
date of the election shall be the date on which the member became a
state miscellaneous or state industrial member. The member shall be
obligated to make the contributions specified in Section 20677.
(c) Effective on or after April 1, 1998, and until January 1,
2000, state miscellaneous or industrial members may elect to be
subject to the service retirement formula prescribed in Section
21353.5, as an alternative to Second Tier membership under Section
21076. The election shall be provided to eligible members by the
appointing authority, and, to be effective, an election must be filed
with the board. Eligible members who must be in the employment of
the state are defined as members in state bargaining units for which
a memorandum of understanding has been agreed to by the state
employer and the recognized employee organization to become subject
to Section 21353.5. The effective date of a member's election shall
be the first day of the month following the date the election is
filed with the system.
(d) This section shall not apply to state miscellaneous members
employed by the California State University or employees described in
Section 20324.
SEC. 16.
SEC. 18. Section 21072 of the Government Code is amended to
read:
21072. (a) A member who elects to be subject to Section 21076
shall be credited at no cost with all creditable previous state
miscellaneous or state industrial service after the member is
credited with one year of service under Section 21076. A member who
was subject to Section 21076, who terminates membership, and who
subsequently returns to state service prior to January 1, 2000, shall
be granted, at no cost, all of the service credit earned as a result
of the election, after the member is credited with one year of
service following return to state service. The one-year requirement
shall be waived for a member who meets the service credit
requirements for disability retirement specified in Section 21150
with the past creditable service.
(b) A member who elects to be subject to Section 21077, who
terminates membership and who subsequently returns to service shall
be credited, at no cost, with the service earned as a result of the
election, after the member is credited with one year of service
following return to state service. The one-year requirement shall be
waived for a member who meets the service credit requirements for
disability retirement specified in Section 21150 with the past
creditable service.
(c) A member who is entitled to service credit under this section
shall apply for and identify time periods for that service to the
board.
SEC. 17.
SEC. 19. Section 21073.1 is added to the Government Code, to
read:
21073.1. (a) A member who elects to receive service credit under
Section 21354.1, as authorized by Section 21073.7, for time during
which the member received service credit subject to Section 21076 or
21077, shall deposit an amount equal to any accumulated contributions
the member withdrew pursuant to Section 20737, plus the interest
that would have been credited to his or her account had the
contributions not been withdrawn, and any contributions the member
would have made, plus an amount equal to the interest that would have
been credited to those contributions, had he or she not been subject
to Section 21076 or 21077. This deposit shall be made in a lump sum
or by installments, with interest through the completion of
payments, over that period and subject to minimum payment amounts as
may be prescribed by regulations of the board.
(b) The board, in addition to its general rulemaking authority
under Section 20121, may adopt regulations that implement this
section. Those regulations shall be exempt from review by the Office
of Administrative Law prior to filing with the Secretary of State
and publication in the California Code of Regulations.
SEC. 18.
SEC. 20. Section 21073.5 of the Government Code is amended
to read:
21073.5. A state Second Tier member, who meets the eligibility
definition prescribed in subdivision (c) of Section 21071 may elect,
prior to January 1, 2000, to be subject to Section 21353.5 while he
or she is in the employment of the state. Upon becoming subject to
Section 21353.5, the active member may elect, prior to January 1,
2000, to have his or her past Second Tier service credited under
Section 21353.5. A member who elects to receive credit for past
service shall pay all reasonable administrative costs and the amount
that will be equivalent to the difference between the actuarial
present value of the Second Tier service that had accrued to the
member's credit and the actuarial present value for the same service
had it been credited under Section 21353.5, including interest if
deemed necessary, in accordance with the method to be established by
the board. The amount shall be contributed in a lump sum or by
installments over a period and subject to minimum payments as may be
prescribed by regulations of the board. Payments for administrative
costs shall be credited to the current appropriation for support of
the board and available for expenditures by the board to fund
positions deemed necessary by the board to implement this section.
SEC. 19.
SEC. 21. Section 21073.7 is added to the Government Code, to
read:
21073.7. (a) Effective January 1, 2000, members subject to the
Second Tier benefits provided in Section 21076 or 21077 may make an
irrevocable election, to be filed with the board, to be subject to
the First Tier benefits provided in Section 21354.1 and to make the
contributions specified in Section 20677. The election shall be
effective the first of the month following receipt of the election by
the system and shall be applicable to state service rendered on and
after that date. The election may be made at any time prior to
retirement and shall be signed by the spouse of the member and both
signatures shall be notarized.
(b) A member subject to Section 21354.1 who has past service
credited under the Second Tier may elect, at any time prior to
retirement, to have his or her past Second Tier service credited
under Section 21354.1 by making contributions specified in Section
21073.1. This subdivision shall not apply to a Second Tier member
eligible to make the election provided in subdivision (a) until after
the effective date of that election.
(c) A member who has past service credit under the modified First
Tier pursuant to Section 21353.5 shall become subject to Section
21354.1 and make contributions as specified in Section 20677. The
member's past service and contributions in the modified First Tier
under Section 21353.5 shall be converted to First Tier service and
contributions and shall be subject to Section 21354.1 unless the
member files a written request with the board to remain subject to
Section 21353.5. Contributions previously credited as modified First
Tier may be redeposited under the conditions specified in Section
20750, with the service credit and contributions subject to Section
21354.1.
(d) "Member," as used in this section, includes a person who, at
the time an election is made under subdivision (a), (b), or (c), is
not receiving credit for state service but has not ceased to be a
member pursuant to Section 20340 or 21075.
SEC. 20.
SEC. 22. Section 21077 of the Government Code is amended to
read:
21077. The service retirement allowance for a state miscellaneous
or state industrial member who elects to be subject to this section
shall be: the sum of the allowance for service rendered under the
Second Tier retirement formula, computed pursuant to Section 21076,
added to the allowance for service rendered as a state miscellaneous
or state industrial member covered under the First Tier formula,
computed pursuant to Section 21354.1.
SEC. 21.
SEC. 23. Section 21130 of the Government Code is amended to
read:
21130. Every patrol member subject to Section 21362.2 shall be
retired on the first day of the calendar month succeeding that in
which he or she attains the age of 60 years.
SEC. 22.
SEC. 24. Section 21328 is added to the Government Code, to
read:
21328. In addition to the increase in allowance authorized and
granted pursuant to Section 21313, and notwithstanding the limitation
on that increase imposed by this article and subdivision (b) of
Section 21337, effective January 1, 2000, the monthly allowance paid
with respect to a state or school member who retired or died prior to
January 1, 2000, shall be increased by the percentage set forth
opposite the year of retirement or death in the following schedule:
Period during which retirement
or death occurred: Percentage:
48 months ending Dec. 31, 1999 2.0%
12 months ending Dec. 31, 1995 3.0%
12 months ending Dec. 31, 1994 4.0%
12 months ending Dec. 31, 1993 4.5%
12 months ending Dec. 31, 1992
or earlier 5.0%
The percentage shall be applied to the allowance payable on
January 1, 2000, and the allowance as so increased shall be paid for
time on and after the date and until the first day of April
immediately following the date of application. The base allowance
shall be the allowance as increased under this section.
Notwithstanding Section 21337 to the contrary, this increase shall
not be included in determining the initial monthly allowance upon
which a supplemental benefit is payable pursuant to Section 21337.
SEC. 23.
SEC. 25. Section 21337 of the Government Code is amended to
read:
21337. (a) On an annual basis, the board shall transfer to a
supplemental account, to fund the purchasing power protection
allowance, the lesser of either of the following:
(1) The amount necessary to increase all monthly allowances paid
by this system to 75 percent of the purchasing power of the initial
monthly allowances.
(2) Up to 1.1 percent of the net earnings on member contributions,
as determined by Section 20178.
(b) The funds transferred to the supplemental account shall be
utilized to increase all monthly allowances paid by this system up to
a maximum of 75 percent of the purchasing power, as determined by
the board, of the initial monthly allowances, notwithstanding the
benefit provided by Section 21328, that were received by every
retired person or survivor or beneficiary of a state, school, or
local member or retired person who was eligible to receive any
allowance at the end of each fiscal year. Funds remaining in the
account after the payment of benefits under this section shall be
transferred to the employer accounts.
SEC. 24.
SEC. 26. Section 21353 of the Government Code is amended to
read:
21353. The combined current and prior service pensions for a
local miscellaneous member, a school member, a state miscellaneous
member, a university member, and a state industrial member is a
pension derived from the contributions of the employer sufficient,
when added to the service retirement annuity that is derived from the
accumulated normal contributions of the member at the date of
retirement, to equal the fraction of one-fiftieth of the member's
final compensation set forth opposite the member's age at retirement,
taken to the preceding completed quarter year, in the following
table, multiplied by the number of years of current and prior service
except service in a category of membership other than that of state
miscellaneous member, local miscellaneous member, school member, a
university member, and a state industrial member or service covered
under the First Tier retirement formula, with which the member is
entitled to be credited at retirement:
Age of
Retirement Fraction
50 ................................... .546
50 1/4 ............................... .554
50 1/2 ............................... .562
50 3/4 ............................... .570
51 ................................... .578
51 1/4 ............................... .586
51 1/2 ............................... .595
51 3/4 ............................... .603
52 ................................... .612
52 1/4 ............................... .621
52 1/2 ............................... .630
52 3/4 ............................... .639
53 ................................... .648
53 1/4 ............................... .658
53 1/2 ............................... .668
53 3/4 ............................... .678
54 ................................... .688
54 1/4 ............................... .698
54 1/2 ............................... .709
54 3/4 ............................... .719
55 ................................... .730
55 1/4 ............................... .741
55 1/2 ............................... .753
55 3/4 ............................... .764
56 ................................... .776
56 1/4 ............................... .788
56 1/2 ............................... .800
56 3/4 ............................... .813
57 ................................... .825
57 1/4 ............................... .839
57 1/2 ............................... .852
57 3/4 ............................... .865
58 ................................... .879
58 1/4 ............................... .893
58 1/2 ............................... .908
58 3/4 ............................... .923
59 ................................... .937
59 1/4 ............................... .953
59 1/2 ............................... .969
59 3/4 ............................... .985
60 ................................... 1.000
60 1/4 ............................... 1.017
60 1/2 ............................... 1.034
60 3/4 ............................... 1.050
61 ................................... 1.067
61 1/4 ............................... 1.084
61 1/2 ............................... 1.101
61 3/4 ............................... 1.119
62 ................................... 1.136
62 1/4 ............................... 1.154
62 1/2 ............................... 1.173
62 3/4 ............................... 1.191
63 and over .......................... 1.209
The fractions specified in the above table shall be reduced by
one-third as applied to that part of final compensation that does not
exceed four hundred dollars ($400) per month for all service of a
member any of whose service has been included in the federal system.
This reduction shall not apply to a member employed by a contracting
agency that enters into a contract after July 1, 1971, and elects
not to be subject to this paragraph or with respect to service
rendered after the termination of coverage under the federal system
with respect to the coverage group to which the member belongs.
The improved retirement allowance provided by this section is
granted subject to future reduction prior to a member's retirement,
by offset of federal system benefits or otherwise, as the Legislature
may from time to time deem appropriate because of changes in the
federal system benefits.
Effective January 1, 2000, this section shall only apply to local
miscellaneous members.
SEC. 25.
SEC. 27. Section 21353.5 of the Government Code is amended
to read:
21353.5. The combined current and prior service pensions for a
state miscellaneous or industrial member who has elected to be
subject to the service retirement formula prescribed in this section,
as provided by Sections 21071 and 21073.5, is a pension derived from
the contributions of the employer sufficient, when added to the
service retirement annuity that is derived from the accumulated
normal contributions of the member at the date of retirement, to
equal the fraction of one-fiftieth of the member's final compensation
set forth opposite the member's age at retirement, taken to the
preceding completed quarter year, in the following table, multiplied
by the number of years of current and prior service, except service
in a category of membership other than that credited under this
section, with which the member is entitled to be credited at
retirement:
Age of
Retirement Fraction
50 ................................... .546
50 1/4 ............................... .554
50 1/2 ............................... .562
50 3/4 ............................... .570
51 ................................... .578
51 1/4 ............................... .586
51 1/2 ............................... .595
51 3/4 ............................... .603
52 ................................... .612
52 1/4 ............................... .621
52 1/2 ............................... .630
52 3/4 ............................... .639
53 ................................... .648
53 1/4 ............................... .658
53 1/2 ............................... .668
53 3/4 ............................... .678
54 ................................... .688
54 1/4 ............................... .698
54 1/2 ............................... .709
54 3/4 ............................... .719
55 ................................... .730
55 1/4 ............................... .741
55 1/2 ............................... .753
55 3/4 ............................... .764
56 ................................... .776
56 1/4 ............................... .788
56 1/2 ............................... .800
56 3/4 ............................... .813
57 ................................... .825
57 1/4 ............................... .839
57 1/2 ............................... .852
57 3/4 ............................... .865
58 ................................... .879
58 1/4 ............................... .893
58 1/2 ............................... .908
58 3/4 ............................... .923
59 ................................... .937
59 1/4 ............................... .953
59 1/2 ............................... .969
59 3/4 ............................... .985
60 and over .......................... 1.000
The fractions specified in the above table shall be reduced by
one-third as applied to that part of final compensation that does not
exceed four hundred dollars ($400) per month for all service of a
member any of whose service has been included in the federal system.
The retirement allowance provided by this section, which shall be
effective for members who retire on and after April 1, 1998, is
granted subject to future reduction prior to a member's retirement,
by offset of federal system benefits or otherwise, as the Legislature
may from time to time deem appropriate because of changes in the
federal system benefits.
Other than for members who elect under subdivision (c) of Section
21073.7 to remain subject to the modified First Tier, this section
shall not apply to state miscellaneous members and state industrial
members who retire on or after January 1, 2000.
SEC. 26.
SEC. 28. Section 21354.1 is added to the Government Code, to
read:
21354.1. The combined current and prior service pensions for
school, state miscellaneous, university, and state industrial members
who are subject to the provisions of this section is a pension
derived from the contributions of the employer sufficient, when added
to the service retirement annuity that is derived from the
accumulated normal contributions of the member at the date of
retirement, to equal the fraction of one-fiftieth of the member's
final compensation set forth opposite the member's age at retirement,
taken to the preceding completed quarter year, in the following
table, multiplied by the number of years of current and prior
service, except service in a category of membership other than that
of a school, state miscellaneous, university, or state industrial
member with which the member is entitled to be credited at
retirement:
Age at
retirement Fraction
50 ............................................. 0.713
50 1/4 ......................................... 0.725
50 1/2 ......................................... 0.737
50 3/4 ......................................... 0.749
51 ............................................. 0.761
51 1/4 ......................................... 0.775
51 1/2 ......................................... 0.788
51 3/4 ......................................... 0.801
52 ............................................. 0.814
52 1/4 ......................................... 0.828
52 1/2 ......................................... 0.843
52 3/4 ......................................... 0.857
53 ............................................. 0.871
53 1/4 ......................................... 0.886
53 1/2 ......................................... 0.902
53 3/4 ......................................... 0.917
54 ............................................. 0.933
54 1/4 ......................................... 0.950
54 1/2 ......................................... 0.966
54 3/4 ......................................... 0.983
55 ............................................. 1.000
55 1/4 ......................................... 1.0088
55 1/2 ......................................... 1.0175
55 3/4 ......................................... 1.0263
56 ............................................. 1.035
56 1/4 ......................................... 1.0438
56 1/2 ......................................... 1.0525
56 3/4 ......................................... 1.0613
57 ............................................. 1.070
57 1/4 ......................................... 1.0788
57 1/2 ......................................... 1.0875
57 3/4 ......................................... 1.0963
58 ............................................. 1.105
58 1/4 ......................................... 1.1138
58 1/2 ......................................... 1.1225
58 3/4 ......................................... 1.1313
59 ............................................. 1.140
59 1/4 ......................................... 1.1488
59 1/2 ......................................... 1.1575
59 3/4 ......................................... 1.1663
60 ............................................. 1.175
60 1/4 ......................................... 1.1838
60 1/2 ......................................... 1.1925
60 3/4 ......................................... 1.2013
61 ............................................. 1.210
61 1/4 ......................................... 1.2188
61 1/2 ......................................... 1.2275
61 3/4 ......................................... 1.2363
62 ............................................. 1.245
62 1/4 ......................................... 1.2538
62 1/2 ......................................... 1.2625
62 3/4 ......................................... 1.2713
63 ............................................. 1.280
63 1/4 ......................................... 1.2888
63 1/2 ......................................... 1.2975
63 3/4 ......................................... 1.3063
64 ............................................. 1.315
64 1/4 ......................................... 1.3238
64 1/2 ......................................... 1.3325
64 3/4 ......................................... 1.3413
65 ............................................. 1.350
The fraction specified in the above table shall be reduced by
one-third as applied to that part of final compensation that does not
exceed four hundred dollars ($400) per month for all service of a
member any of whose service has been included in the federal system.
This section shall supersede Section 21353 with respect to all
school, state miscellaneous, university, and state industrial members
who retire on or after January 1, 2000.
SEC. 27.
SEC. 29. Section 21362 of the Government Code is amended to
read:
21362. The current service pension for patrol members and the
combined current and prior service pensions for local safety members
with respect to local safety service rendered to a contracting agency
that is subject to this section is a pension derived from the
contributions of the employer sufficient when added to the service
retirement annuity that is derived from the accumulated normal
contributions of the patrol member at the date of his or her
retirement to equal the fraction of one-fiftieth of his or her final
compensation set forth opposite his or her age at retirement taken to
the preceding completed quarter year, in the following table,
multiplied by the number of years of patrol service and local safety
service subject to this section with which he or she is credited at
retirement.
Age at
retirement Fraction
50 ............................................. 1.0000
50 1/4 ......................................... 1.0175
50 1/2 ......................................... 1.0350
50 3/4 ......................................... 1.0525
51 ............................................. 1.0700
51 1/4 ......................................... 1.0875
51 1/2 ......................................... 1.1050
51 3/4 ......................................... 1.1225
52 ............................................. 1.1400
52 1/4 ......................................... 1.1575
52 1/2 ......................................... 1.1750
52 3/4 ......................................... 1.1925
53 ............................................. 1.2100
53 1/4 ......................................... 1.2275
53 1/2 ......................................... 1.2450
53 3/4 ......................................... 1.2625
54 ............................................. 1.2800
54 1/4 ......................................... 1.2975
54 1/2 ......................................... 1.3150
54 3/4 ......................................... 1.3325
55 and over .................................... 1.3500
In no event shall the current service pension and the combined
current and prior service pensions under this section for all service
to all employers exceed an amount that, when added to the service
retirement annuity related to that service, equals 75 percent of
final compensation. For state members who retire on or after January
1, 1995, and with respect to service for all state employers under
this section, the benefit shall not exceed 80 percent of final
compensation. If the pension relates to service to more than one
employer and would otherwise exceed that maximum, the pension payable
with respect to each employer shall be reduced in the same
proportion as the allowance based on service to that employer bears
to the total allowance computed as though there were no limit, so
that the total of the pensions shall equal the maximum. Where a
state member retiring on or after January 1, 1995, has service under
this section with both state and local agency employers, the
80-percent limit shall apply and the additional benefit shall be
funded by increasing the member's pension payable with respect to the
state employer.
This section shall not apply to any contracting agency, unless and
until the agency elects to be subject to the provisions of this
section by amendment to its contract made in the manner prescribed
for approval of contracts or, in the case of contracts made after the
date this section is operative, by express provision in the contract
making the contracting agency subject to the provisions of this
section.
This section shall supersede Section 21362.1, 21363, 21366, 21368,
21369, or 21370, whichever is then applicable, with respect to
patrol and local safety members who retire after the date this
section becomes applicable to their respective employers.
This section shall not apply to state safety or state peace
officer/firefighter members.
This section shall not apply to patrol members who retire on or
after January 1, 2000.
The Legislature reserves, with respect to any member subject to
this section, the right to provide for the adjustment of industrial
disability retirement allowances because of earnings of a retired
person and modification of the conditions and qualifications required
for retirement for disability as it may find appropriate because of
the earlier ages of service retirement made possible by the benefits
under this section.
SEC. 28.
SEC. 30. Section 21362.2 is added to the Government Code, to
read:
21362.2. The current service pension for patrol members who are
subject to the provisions of this section is a pension derived from
the contributions of the employer sufficient when added to the
service retirement annuity that is derived from the accumulated
normal contributions of the patrol member at the date of his or her
retirement to 3 percent of his or her final compensation at the age
of 50 years, multiplied by the number of years of patrol service
subject to this section with which he or she is credited at
retirement.
In no event shall the current service pension exceed an amount
that, when added to the service retirement annuity related to that
service, equals 85 percent of final compensation. If the pension
relates to service to more than one employer and would otherwise
exceed that maximum, the pension payable with respect to each
employer shall be reduced in the same proportion as the allowance
based on service to that employer bears to the total allowance
computed as though there were no limit, so that the total of the
pensions shall equal the maximum.
This section shall supersede Sections 21362 and 21362.1 with
respect to patrol members who retire on or after January 1, 2000.
This section shall not apply to state safety or state peace
officer/firefighter members.
The Legislature reserves, with respect to any member subject to
this section, the right to provide for the adjustment of industrial
disability retirement allowances because of earnings of a retired
person and modification of the conditions and qualifications required
for retirement for disability as it may find appropriate because of
the earlier ages of service retirement made possible by the benefits
under this section.
SEC. 29.
SEC. 31. Section 21363 of the Government Code is amended to
read:
21363. (a) The combined current and prior service pensions for
state peace officer/firefighter members subject to this section with
respect to state peace officer/firefighter service and the combined
current and prior service pensions for local safety members with
respect to local safety service rendered to a contracting agency that
is subject to this section is a pension derived from the
contributions of the employer sufficient when added to the service
retirement annuity that is derived from the accumulated normal
contributions of the state peace officer/firefighter member at the
date of his or her retirement to equal the fraction of one-fiftieth
of his or her final compensation set forth opposite his or her age at
retirement taken to the preceding completed quarter-year, in the
following table, multiplied by the number of years of state peace
officer/firefighter service subject to this section with which he or
she is credited at retirement.
Age at
Retirement Fraction
50 ................................... 1.0000
50 1/4 ............................... 1.0125
50 1/2 ............................... 1.0250
50 3/4 ............................... 1.0375
51 ................................... 1.0500
51 1/4 ............................... 1.0625
51 1/2 ............................... 1.0750
51 3/4 ............................... 1.0875
52 ................................... 1.1000
52 1/4 ............................... 1.1125
52 1/2 ............................... 1.1250
52 3/4 ............................... 1.1375
53 ................................... 1.1500
53 1/4 ............................... 1.1625
53 1/2 ............................... 1.1750
53 3/4 ............................... 1.1875
54 ................................... 1.2000
54 1/4 ............................... 1.2125
54 1/2 ............................... 1.2250
54 3/4 ............................... 1.2375
55 and over .......................... 1.2500
(b) In no event shall the current service pension and the combined
current and prior service pensions under this section for all
service to all employers exceed an amount that, when added to the
service retirement annuity related to that service, equals 75 percent
of final compensation. For state members who retire on or after
January 1, 1995, and with respect to service for all state employers
under this section, the benefit shall not exceed 80 percent of final
compensation. If the pension relates to service to more than one
employer, or this section and Section 21369, and would otherwise
exceed that maximum, the pension payable with respect to each section
or employer shall be reduced in the same proportion as the allowance
bears to the total allowance computed as though there were no limit,
so that the total of the pensions shall equal the maximum. Where a
state member retiring on or after January 1, 1995, has service under
this section with both state and local agency employers, the
80-percent limit shall apply and the additional benefit shall be
funded by increasing the member's pension payable with respect to the
state employer.
(c) The Legislature reserves, with respect to any member subject
to this section, the right to provide for the adjustment of
industrial disability retirement allowances because of earnings of a
retired person and modification of the conditions and qualifications
required for retirement for disability as it may find appropriate
because of the earlier age of service retirement made possible by the
benefits under this section.
(d) This section may be applied to related supervisory classes or
confidential positions for the respective bargaining units specified
in this section.
(e) (1) This section shall be operative with respect to state
peace officer/firefighter members in Corrections Bargaining Unit No.
6, Protective Services and Public Safety Bargaining Unit No. 7, or
Firefighters Bargaining Unit No. 8, in accordance with a memorandum
of understanding reached between the state and the exclusive
bargaining agent in the respective unit pursuant to Chapter 10.3
(commencing with Section 3512) of Division 4 of Title 1.
(2) This section also shall be operative with respect to the state
peace officer/firefighter members employed by a California State
University police department who are in Public Safety Unit No. 8 in
accordance with a memorandum of understanding reached between the
Trustees of the California State University and the recognized
employee organization pursuant to Chapter 12 (commencing with Section
3560) of Division 4 of Title 1.
(3) This section shall also be operative with respect to a "state
peace officer/firefighter member" defined in subdivision (a) of
Section 20396 if authorized by, and in accordance with, a memorandum
of understanding reached between the Trustees of the California State
University and the recognized employee organization pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title 1.
(4) Nothing in this section or in any other provision of law
affected by Chapter 1320 of the Statutes of 1984 or Chapter 234 of
the Statutes of 1986 shall be construed as authorizing any future
negotiation with respect to whether or not any bargaining unit
specified in this section whose memorandum of understanding was
previously approved by the Legislature pursuant to law and this
section, shall continue to remain within the state peace
officer/firefighter membership category.
(5) The operative date of this section with respect to members in
each of the bargaining units specified in this section shall be as
provided for in the memorandum of understanding.
(6) Notwithstanding any provisions in a memorandum of
understanding to the contrary, this section shall not apply to any
state peace officer/firefighter member who retires on or after
January 1, 2000.
(f) This section shall be known as, and may be cited as the State
Peace Officers' and Fire Fighters' Retirement Act.
(g) The Legislature reserves the right to subsequently modify or
amend this part in order to completely effectuate the intent and
purposes of this section and the right to not provide any new
comparable advantages if disadvantages to employees result from any
modification or amendment.
(h) This section shall not apply to a contracting agency nor its
employees until, first, it is agreed to in a written memorandum of
understanding entered into by an employer and representatives of
employees and, second, the contracting agency elects to be subject to
it by amendment to its contract made in the manner prescribed for
approval of contracts or in the case of a new contract, by express
provision of the contract. The operative date of this section with
respect to a local safety member shall be the effective date of the
amendment to his or her employer's contract electing to be subject to
this section. However, this section shall not apply to any local
safety member in the employ of an employer not subject to this
section on January 1, 2000.
SEC. 30.
SEC. 32. Section 21363.1 is added to the Government Code, to
read:
21363.1. (a) The combined current and prior service pensions for
state peace officer/firefighter members subject to this section with
respect to state peace officer/firefighter service is a pension
derived from the contributions of the employer sufficient when added
to the service retirement annuity that is derived from the
accumulated normal contributions of the state peace
officer/firefighter member at the date of his or her retirement to
equal the fraction of 3 percent of his or her final compensation set
forth opposite his or her age at retirement taken to the preceding
completed quarter year, in the following table, multiplied by the
number of years of state peace officer/firefighter service subject to
this section with which he or she is credited at retirement.
Age at
Retirement Fraction
50 ............................ .800
50 1/4 ........................ .810
50 1/2 ........................ .820
50 3/4 ........................ .830
51 ............................ .840
51 1/4 ........................ .850
51 1/2 ........................ .860
51 3/4 ........................ .870
52 ............................ .880
52 1/4 ........................ .890
52 1/2 ........................ .900
52 3/4 ........................ .910
53 ............................ .920
53 1/4 ........................ .930
53 1/2 ........................ .940
53 3/4 ........................ .950
54 ............................ .960
54 1/4 ........................ .970
54 1/2 ........................ .980
54 3/4 ........................ .990
55 and over ................... 1.000
(b) In no event shall the current service pension exceed an amount
that, when added to the service retirement annuity related to that
service, equals 80 percent of final compensation. If the pension
relates to service to more than one employer, or this section and
Section 21369 or 21369.1 would otherwise exceed that maximum, the
pension payable with respect to each section or employer shall be
reduced in the same proportion as the allowance bears to the total
allowance computed as though there were no limit, so that the total
of the pensions shall equal the maximum. Where a state member
retiring on or after January 1, 2000, has service under this section
with the state and other local agency safety service pursuant to
Section 21369, the 80-percent limit shall apply and the additional
benefit shall be funded by increasing the member's pension payable
with respect to the state employer.
(c) The Legislature reserves, with respect to any member subject
to this section, the right to provide for the adjustment of
industrial disability retirement allowances because of earnings of a
retired person and modification of the conditions and qualifications
required for retirement for disability as it may find appropriate
because of the earlier age of service retirement made possible by the
benefits under this section.
(d) This section shall supersede Section 21363 with respect to
state peace officer/firefighter members who retire on or after
January 1, 2000.
(e) This section shall
apply to state peace officer/firefighter members who retire on or
after January 1, 2000.
(f) The Legislature reserves the right to subsequently modify or
amend this part in order to completely effectuate the intent and
purposes of this section and the right to not provide any new
comparable advantages if disadvantages to employees result from any
modification or amendment.
SEC. 31.
SEC. 33. Section 21363.5 of the Government Code is amended
to read:
21363.5. Notwithstanding Section 21363 or 21363.1, the limitation
on the service retirement benefit shall be 85 percent for state
peace officer/firefighter members in State Bargaining Unit 6 who
retire on and after January 1, 1999. This provision may also be
applied to state peace officer/firefighter members in related
supervisory or confidential positions, provided the Department of
Personnel Administration has approved this inclusion in writing to
the board.
SEC. 32.
SEC. 34. Section 21363.6 of the Government Code is amended
to read:
21363.6. Notwithstanding Section 21363 or 21363.1, the limitation
on the service retirement benefit shall be 85 percent for state
peace officer/firefighter members in State Bargaining Unit 8 who
retire on and after January 1, 1999. This provision may also be
applied to state peace officer/firefighter members in related
supervisory or confidential positions, provided that the Department
of Personnel Administration has approved this inclusion in writing to
the board.
SEC. 33.
SEC. 35. Section 21369 of the Government Code is amended to
read:
21369. (a) The combined prior and current service pension for a
state safety member, and a local safety member with respect to
service to a contracting agency subject to this section, upon
retirement after attaining the age of 55 years, is a pension derived
from contributions of an employer sufficient, when added to that
portion of the service retirement annuity that is derived from the
accumulated normal contributions of the member at the date of his or
her retirement, to equal one-fiftieth of his or her final
compensation multiplied by the number of years of state safety,
police, fire, or county peace officer service that is credited to him
or her as a state safety member or a local safety member subject to
this section at retirement. Notwithstanding the preceding sentence,
this section shall apply to the current and prior service pension for
any other state safety member based on service to which it would
have applied had the member, on July 1, 1971, been in employment
described in Section 20403 or 20404.
(b) Upon retirement for service prior to attaining the age of 55
years, the percentage of final compensation payable for each year of
credited service that is subject to this section shall be the product
of 2 percent multiplied by the factor set forth in the following
table for his or her actual age at retirement:
The percent for
each year of
credited service
If the retirement age occurs at: is:
50................................. 0.713
50 1/4............................. 0.725
50 1/2............................. 0.737
50 3/4............................. 0.749
51................................. 0.761
51 1/4............................. 0.775
51 1/2............................. 0.788
51 3/4............................. 0.801
52................................. 0.814
52 1/4............................. 0.828
52 1/2............................. 0.843
52 3/4............................. 0.857
53................................. 0.871
53 1/4............................. 0.886
53 1/2............................. 0.902
53 3/4............................. 0.917
54................................. 0.933
54 1/4............................. 0.950
54 1/2............................. 0.966
54 3/4............................. 0.983
(c) In no event shall the total pension for all service under this
section exceed an amount that, when added to the service retirement
annuity related to that service, equals 75 percent of final
compensation. For state members who retire on or after January 1,
1995, and with respect to service for all state employers under this
section, the benefit shall not exceed 80 percent of final
compensation. If the pension relates to service to more than one
employer and would otherwise exceed that maximum, the pension payable
with respect to each employer shall be reduced in the same
proportion as the allowance based on service to that employer bears
to the total allowance computed as though there were no limit, so
that the total of those pensions shall equal the maximum. Where a
state member retiring on or after January 1, 1995, has service under
this section with both state and local agency employers, the
80-percent limit shall apply and the additional benefit shall be
funded by increasing the member's pension payable with respect to the
state employer.
(d) This section shall not apply to a person whose effective date
of retirement is prior to July 1, 1971.
(e) The Legislature reserves, with respect to any member subject
to this section, the right to provide for the adjustment of
industrial disability retirement allowances because of earnings of a
retired person and modification of the conditions and qualifications
required for retirement for disability as it may find appropriate
because of the earlier age of service retirement made possible by the
benefits under this section.
(f) The percentage of final compensation provided in this section
shall be reduced by one-third as applied to that part of the member's
final compensation that does not exceed four hundred dollars ($400)
per month for service after the effective date of coverage of a
member under the federal system. This subdivision shall not apply to
a member who retires after the date upon which coverage under the
federal system of persons in his or her employment terminates. It
shall not apply to a local safety member employed by a contracting
agency electing to be subject to this section after March 7, 1973,
unless the agency elects to be subject to this paragraph by amendment
to its contract or by appropriate provision of a contract entered
into after this provision is effective and as to any member, the
reduction in the percentage of final compensation shall apply to all
local safety service to the agency, if any of the local safety
service has been included in the federal system.
(g) This section shall not apply to a contracting agency nor its
employees until the agency elects to be subject to it by amendment to
its contract made in the manner prescribed for approval of contracts
or in the case of a new contract, by express provision of the
contract. The operative date of this section with respect to a local
safety member shall be the effective date of the amendment to his or
her employer's contract electing to be subject to this section.
(h) This section shall not apply to a state safety member who
retires after December 31, 1999.
SEC. 34.
SEC. 36. Section 21369.1 is added to the Government Code, to
read:
21369.1. (a) The combined prior and current service pension for
state safety members, who are subject to the provisions of this
section, upon retirement after attaining the age of 56 years, is a
pension derived from contributions of an employer sufficient, when
added to that portion of the service retirement annuity that is
derived from the accumulated normal contributions of the member at
the date of his or her retirement, to equal 2.35 percent of his or
her final compensation multiplied by the number of years of state
safety service that is credited to him or her as a state safety
member at retirement.
(b) Upon retirement for service prior to attaining the age of 56
years, the percentage of final compensation payable for each year of
credited service that is subject to this section shall be the product
of 2 percent multiplied by the factor set forth in the following
table for his or her actual age at retirement:
The percent for
each year of
credited service
If the retirement age occurs at: is:
50................................. 0.8565
50 1/4 ............................. 0.8650
50 1/2 ............................. 0.8740
50 3/4 ............................. 0.8830
51 ................................. 0.8920
51 1/4 ............................. 0.9020
51 1/2 ............................. 0.9120
51 3/4 ............................. 0.9222
52 ................................. 0.9330
52 1/4 ............................. 0.9410
52 1/2 ............................. 0.9490
52 3/4 ............................. 0.9570
53 ................................. 0.9650
53 1/4 ............................. 0.9675
53 1/2 ............................. 0.9700
53 3/4 ............................. 0.9725
54 ................................. 0.9750
54 1/4 ............................. 0.9810
54 1/2 ............................. 0.9870
54 3/4 ............................. 0.9935
55 ................................. 1.0000
55 1/4 ............................. 1.0435
55 1/2 ............................. 1.0870
55 3/4 ............................. 1.1310
56 ................................. 1.1750
(c) In no event shall the current service pension exceed an amount
that, when added to the service retirement annuity related to that
service, equals 80 percent of final compensation. If the pension
relates to service to more than one employer, or this section and
Section 21363 and would otherwise exceed that maximum, the pension
payable with respect to each section or employer shall be reduced in
the same proportion as the allowance bears to the total allowance
computed as though there were no limit, so that the total of the
pension shall equal the maximum. Where a state member retiring on or
after January 1, 2000, has service under this section with the state
and other local agency service pursuant to Section 21363, the
80-percent limit shall apply and the additional benefit shall be
funded by increasing the member's pension payable with respect to the
state employer.
(d) Notwithstanding anything in this section to the contrary, this
section shall apply to the current and prior service pension for any
other state safety member based on service to which it would have
applied had the member, on July 1, 1971, been in employment described
in Section 20403 or 20404.
(e) This section shall apply to state safety members who retire on
or after January 1, 2000.
(f) The Legislature reserves, with respect to any member subject
to this section, the right to provide for the adjustment of
industrial disability retirement allowances because of earnings of a
retired person and modification of the conditions and qualifications
required for retirement for disability as it may find appropriate
because of the earlier age of service retirement made possible by the
benefits under this section.
(g) The percentage of final compensation provided in this section
shall be reduced by one-third as applied to that part of the member's
final compensation that does not exceed four hundred dollars ($400)
per month for service after the effective date of coverage of a
member under the federal system. This subdivision shall not apply to
a member who retires after the date upon which coverage under the
federal system of persons in his or her employment terminates.
SEC. 35.
SEC. 37. Section 21372 of the Government Code is amended to
read:
21372. The combined current and prior service pensions of a state
safety member who on March 31, 1973, was a forestry member not
subject to former Section 21252.3, as added by Chapter 131 of the
Statutes of 1970, shall be determined in accordance with this part as
it read and applied to him or her on March 31, 1973, and the member
shall not become subject to Section 21369.1 unless he or she
thereafter accepts appointment to a position in another state
department in which he or she is a state safety member, and in that
event he or she shall be subject to Section 21369.1 with respect to
all of his or her state safety service.
SEC. 36.
SEC. 38. Section 21373 of the Government Code is amended to
read:
21373. The combined current and prior service pensions for a
state safety member who on March 31, 1973, was a law enforcement
member not subject to Section 21369, shall be determined in
accordance with this part as it read and applied to him or her on
March 31, 1973, rather than Section 21369 if under those provisions
he or she is entitled to a retirement allowance exceeding 2 percent
of final compensation per year of his or her law enforcement service,
unless he or she elects in writing to be subject to Section 21369
and the election is filed in the office of the board within 30
calendar days following April 1, 1973. Any member who does not so
elect and thereafter accepts appointment to a position in another
state department in which he or she is a state safety member shall
become subject, upon that acceptance, to Section 21369.1 with respect
to all of his or her state safety service.
SEC. 37.
SEC. 39. Section 21374 of the Government Code is amended to
read:
21374. The combined current and prior service pensions for a
state safety member who on March 31, 1973, was a warden member shall
be determined in accordance with this part as it read and applied to
him or her on March 31, 1973, if on March 31, 1973, he or she was
either: (a) in compensated employment in which he or she was a
warden member, or (b) on leave of absence from that employment and
who either: (1) has attained the age of 55 years, or (2), if on
that date he or she was subject to former Section 21252.2, as amended
by Chapter 752 of the Statutes of 1969, he or she entered warden
service after attaining the age of 35 years, unless he or she elects
in writing to be subject to Section 21369 and the election is filed
in the office of the board within 30 calendar days following April 1,
1973.
Any member who thereafter accepts an appointment to a position in
another state department in which he or she is a state safety member
shall become subject to Section 21369.1 with respect to all of his or
her state safety service.
SEC. 38.
SEC. 40. Section 21403 of the Government Code is amended to
read:
21403. Prior to January 1, 2000, upon retirement for
nonindustrial disability, a patrol member or local safety member
subject to Section 21362 or 21363 or a state peace
officer/firefighter who has attained the age of 50 years, or a state
safety member who has attained the age of 55 years shall receive his
or her service retirement allowance. This section shall not apply to
patrol members, state peace officer/firefighter members, or state
safety members who retire on or after January 1, 2000.
SEC. 39.
SEC. 41. Section 21403.1 is added to the Government Code, to
read:
21403.1. Upon retirement, on or after January 1, 2000, for
nonindustrial disability, a patrol member subject to Section 21362.2
or a state peace officer/firefighter member who has attained the age
of 50 years, or a state safety member who has attained the age of 55
years, shall receive his or her service retirement allowance.
SEC. 40.
SEC. 42. Section 21407 of the Government Code is amended to
read:
21407. Upon retirement of a state peace officer/firefighter
member subject to Section 21363 or 21363.1, or a local safety member
subject to Section 21363 for industrial disability, the member shall
receive a disability allowance of 50 percent of his or her final
compensation plus an annuity purchased with his or her accumulated
additional contributions, if any, or, if qualified for service
retirement, the member shall receive his or her service retirement
allowance if the allowance, after deducting the annuity, is greater.
SEC. 41.
SEC. 43. Section 21572 of the Government Code is amended to
read:
21572. (a) In lieu of benefits provided in Section 21571, if the
death benefit provided by Section 21532 is payable on account of a
state member's death that occurs under circumstances other than those
described in subparagraph (F) of paragraph (1) of subdivision (a) of
Section 21530, or if an allowance under Section 21546 is payable,
the payment pursuant to subdivision (b) shall be made, in the
following order of priority:
(1) The surviving wife or surviving husband of the member, who has
the care of unmarried children, including stepchildren, of the
member who are under 22 years of age, or are incapacitated because of
a disability that began before and has continued without
interruption after attainment of that age.
(2) The guardian of surviving unmarried children, including
stepchildren, of the member who are under 22 years of age or are so
incapacitated.
(3) The surviving wife or surviving husband of the member, who
does not qualify under paragraph (1).
(4) Each surviving parent of the member.
(b) Regardless of the benefit provided by Section 21532 and of the
beneficiary designated by the member under that section, or
regardless of the allowance provided under Section 21546, the
following applicable 1959 survivor allowance, under the conditions
stated and from contributions of the state, shall be paid:
(1) A surviving spouse who was either continuously married to the
member for at least one year prior to death, or was married to the
member prior to the occurrence of the injury or onset of the illness
that resulted in death, and has the care of unmarried children,
including stepchildren, of the deceased member who are under 22 years
of age or are so incapacitated, shall be paid four hundred fifty
dollars ($450) per month if there is one child or five hundred
thirty-eight dollars ($538) per month if there are two or more
children. If there also are children who are not in the care of the
surviving spouse, the portion of the allowance payable under this
paragraph, assuming that these children were in the care of the
surviving spouse, that is in excess of two hundred twenty-five
dollars ($225) per month, shall be divided equally among all those
children and payments made to the spouse and other children, as the
case may be.
(2) If there is no surviving spouse, or if the surviving spouse
dies or remarries, and if there are unmarried children, including
stepchildren, of the deceased member who are under 22 years of age or
are so incapacitated, or if there are children not in the care of
the spouse, the children shall be paid an allowance as follows:
(A) If there is only one child, the child shall be paid two
hundred twenty-five dollars ($225) per month.
(B) If there are two children, the children shall be paid four
hundred fifty dollars ($450) per month divided equally between them.
(C) If there are three or more children, the children shall be
paid five hundred thirty-eight dollars ($538) per month divided
equally among them.
(3) A surviving spouse who has attained or attains the age of 62
years and, with respect to that surviving spouse, who was either
continuously married to the member for at least one year prior to
death, or was married to the member prior to the occurrence of the
injury or onset of the illness that resulted in death and has not
remarried subsequent to the member's death, shall be paid two hundred
twenty-five dollars ($225) per month. No allowance shall be paid
under this paragraph while the surviving spouse is receiving an
allowance under paragraph (1) or while an allowance is being paid
under subparagraph (C) of paragraph (2). The allowance paid under
this paragraph shall be eighty-eight dollars ($88) per month while an
allowance is being paid under subparagraph (B) of paragraph (2).
(4) If there is no surviving spouse or surviving child who
qualifies for a 1959 survivor allowance, or if the surviving spouse
dies or remarries and there is no surviving child, or if the
surviving spouse dies or remarries and the children die or marry or,
if not incapacitated, reach 22 years of age, each of the member's
dependent parents who has attained or attains the age of 62, and who
received at least one-half of his or her support from the member at
the time of the member's death, shall be paid two hundred twenty-five
dollars ($225) per month.
(c) "Stepchildren," for purposes of this section, shall include
only stepchildren of the member living with him or her in a regular
parent-child relationship at the time of his or her death.
(d) This section shall apply to beneficiaries receiving 1959
survivor allowances on July 1, 1975, as well as to beneficiaries with
respect to the death of a state member occurring on or after July 1,
1975.
(e) This section shall apply, with respect to benefits payable on
and after July 1, 1981, to all members employed by a school employer,
and school safety members employed with a school district or
community college district as defined in subdivision (i) of Section
20057, except that it shall not apply, without contract amendment,
with respect to safety members who became members after July 1, 1981.
All assets and liabilities of all school employers, and their
employees, on account of benefits provided under this article shall
be pooled into a single account, and a single employer rate shall be
established to provide benefits under this section on account of all
miscellaneous members employed by a school employer and all safety
members who are members on July 1, 1981.
(f) This section shall not apply to any member in the employ of an
employer not subject to this section on January 1, 1994.
(g) A contracting agency may, by amending its contract, elect to
make this section applicable to local members employed by the agency.
(h) On and after January 1, 2000, and until January 1, 2010, all
state members covered by this section shall be covered by the benefit
provided under Section 21574.7. On and after January 1, 2010, all
state members not covered by Section 21573 or 21574.7 shall be
covered by this section.
SEC. 42.
SEC. 44. Section 21573 of the Government Code is amended to
read:
21573. (a) In lieu of benefits provided in Section 21571 or
Section 21572, if the death benefit provided by Section 21532 is
payable on account of a state member's death that occurs under
circumstances other than those described in subparagraph (F) of
paragraph (1) of subdivision (a) of Section 21530, or if an allowance
under Section 21546 is payable, the payment pursuant to subdivision
(b) shall be made in the following order of priority:
(1) The surviving wife or surviving husband of the member, who has
the care of unmarried children, including stepchildren, of the
member who are under 22 years of age, or are incapacitated because of
a disability that began before and has continued without
interruption after attainment of that age.
(2) The guardian of surviving unmarried children, including
stepchildren, of the member who are under 22 years of age or are so
incapacitated.
(3) The surviving wife or surviving husband of the member, who
does not qualify under paragraph (1).
(4) Each surviving parent of the member.
(b) Regardless of the benefit provided by Section 21532 and of the
beneficiary designated by the member under that section, or
regardless of the allowance provided under Section 21546, the
following applicable 1959 survivor allowance, under the conditions
stated and from contributions of the state, shall be paid:
(1) A surviving spouse who was either continuously married to the
member for at least one year prior to death, or who was married to
the member prior to the occurrence of the injury or onset of the
illness that resulted in death, and has the care of unmarried
children, including stepchildren, of the deceased member who are
under 22 years of age or are so incapacitated, shall be paid seven
hundred dollars ($700) per month if there is one child, or eight
hundred forty dollars ($840) per month if there are two or more
children. If there also are children who are not in the care of the
surviving spouse, the portion of the allowance payable under this
paragraph, assuming that these children were in the care of the
surviving spouse, that is in excess of three hundred fifty dollars
($350) per month, shall be divided equally among all those children
and payments made to the spouse and other children, as the case may
be.
(2) If there is no surviving spouse, or if the surviving spouse
dies or remarries, and if there are unmarried children, including
stepchildren, of the deceased member who are under 22 years of age or
are so incapacitated, or if there are children not in the care of
the spouse, the children shall be paid an allowance as follows:
(A) If there is only one child, the child shall be paid three
hundred fifty dollars ($350) per month.
(B) If there are two children, the children shall be paid seven
hundred dollars ($700) per month divided equally between them.
(C) If there are three or more children, the children shall be
paid eight hundred forty dollars ($840) per month divided equally
among them.
(3) A surviving spouse who has attained or attains the age of 62
years, and, with respect to that surviving spouse, who was either
continuously married to the member for at least one year prior to
death, or who was married to the member prior to the occurrence of
the injury or onset of the illness that resulted in death and has not
remarried subsequent to the member's death, shall be paid three
hundred fifty dollars ($350) per month. No allowance shall be paid
under this paragraph while the surviving spouse is receiving an
allowance under paragraph (1) or while
an allowance is being paid under subparagraph (C) of
paragraph (2). The allowance paid under this paragraph shall be one
hundred forty dollars ($140) per month while an allowance is being
paid under subparagraph (B) of paragraph (2).
(4) If there is no surviving spouse or surviving child who
qualifies for the 1959 survivor allowance, or if the surviving spouse
dies or remarries and there is no surviving child, or if the
surviving spouse dies or remarries and the children die or marry or,
if not incapacitated, reach 22 years of age, each of the member's
dependent parents who has attained or attains the age of 62 years,
and who received at least one-half of his or her support from the
member at the time of the member's death, shall be paid three hundred
fifty dollars ($350) per month.
(c) "Stepchildren," for purposes of this section, shall include
only stepchildren of the member living with the member in a regular
parent-child relationship at the time of the death of the member.
(d) This section shall apply to beneficiaries of state members
whose death occurred before January 1, 1985. Where a surviving
spouse attained the age of 62 years prior to January 1, 1987,
entitlement shall exist retroactive to January 1, 1985, or to his or
her 62nd birthday, whichever is later. All assets and liabilities of
all state agencies and their employees on account of benefits
provided to beneficiaries specified in this subdivision shall be
pooled into a single account. The board shall transfer from the
reserve for 1959 survivor contributions retained in the retirement
fund, an amount sufficient to pay the cost of the increased benefits
provided by this subdivision for beneficiaries of members who died on
or before December 31, 1984.
(e) This section shall not apply to beneficiaries with respect to
the death of a state member, except as provided in subdivision (i),
occurring on or after January 1, 1985, unless provided for in a
memorandum of understanding reached pursuant to Section 3517.5, or
authorized by the Director of Personnel Administration for
classifications of state employees that are excluded from, or not
subject to, collective bargaining. The memorandum of understanding
adopting this section shall be controlling without further
legislative action, except that if those provisions of a memorandum
of understanding require the expenditure of funds, those provisions
shall not become effective unless approved by the Legislature as
provided by law.
(f) This section shall apply, with respect to benefits payable on
and after January 1, 1985, to school members and to school safety
members, as defined in Section 20444. All assets and liabilities of
all school employers, and their employees, on account of benefits
provided under this article shall be pooled into a single account,
and a single employer rate shall be established to provide benefits
under this section on account of school members employed by a school
employer.
(g) This section shall apply to members of a contracting agency
that, in its original contract or by amending its contract, first
elects effective on or after January 1, 1985, to make this article
applicable to local members employed by the agency. On and after
January 1, 1985, contracting agencies already subject to Section
21571 or Section 21572 may elect by contract amendment to be subject
to this section. All assets and liabilities of all contracting
agencies subject to this section, and their employees, on account of
benefits provided under this article shall be pooled into a single
account, and a single employer rate shall be established to provide
benefits under this section on account of members employed by a
contracting agency that is subject to this section. Any public
agency first contracting with the board on and after January 1, 1994,
or any contracting agency amending its contract to remove exclusions
of member classifications on or after January 1, 1994, that has not,
pursuant to Section 418 of Title 42 of the United States Code,
entered into an agreement with the federal government for the
coverage of its employees under the federal system, shall be subject
to this section.
(h) The rate of contribution of an employer subject to this
section shall be figured using the term insurance valuation method.
If a contracting agency that is subject to this section has a surplus
in its 1959 survivor benefit account as of the date the contracting
agency becomes subject to this section, the surplus shall be applied
to reduce its rate of contribution. If a contracting agency that is
subject to this section has a deficit in its 1959 survivor benefit
account as of the date the contracting agency becomes subject to this
section, its rate of contribution shall be increased until the
deficit is paid.
(i) This section shall not apply to beneficiaries with respect to
the death of a state member employed by the California State
University occurring on or after January 1, 1988, unless provided for
in a memorandum of understanding reached 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. The memorandum of
understanding shall be controlling without further legislative
action, except that if the provisions of a memorandum of
understanding require the expenditure of funds, the provisions shall
not become effective unless approved by the Legislature in the annual
Budget Act.
(j) On and after January 1, 2000, and until January 1, 2010, all
state and school members covered by this section shall be covered by
the benefit provided under Section 21574.7. On and after January 1,
2010, all state and school members not covered by Section 21572 or
21574.7 shall be covered by this section.
SEC. 43.
SEC. 45. Section 21574.7 is added to the Government Code, to
read:
21574.7. (a) In lieu of benefits provided in Section 21571,
21572, 21573, or 21574, if the death benefit provided by Section
21532 is payable on account of a state member's death that occurs
under circumstances other than those described in subparagraph (F) of
paragraph (1) of subdivision (a) of Section 21530, or if an
allowance under Section 21546 is payable, the payment pursuant to
subdivision (b) shall be made in the following order of priority:
(1) The surviving spouse of the member, who has the care of
unmarried children, including stepchildren, of the member who are
under 22 years of age, or are incapacitated because of a disability
that began before and has continued without interruption after the
attainment of that age.
(2) The guardian of surviving unmarried children, including
stepchildren, of the member who are 22 years of age or are so
incapacitated.
(3) The surviving spouse of the member, who does not qualify under
paragraph (1).
(4) Each surviving parent of the member.
(b) Regardless of the benefit provided by Section 21532 and of the
beneficiary designated by the member under that section, or
regardless of the allowance provided under Section 21546, the
following applicable 1959 survivor allowance, under the conditions
stated and from contributions of the employer, shall be paid:
(1) A surviving spouse who was either continuously married to the
member for at least one year prior to death, or was married to the
member prior to the occurrence of the injury or onset of the illness
that resulted in death, and has the care of unmarried children,
including stepchildren, of the deceased member who are under 22 years
of age or are so incapacitated, shall be paid one thousand five
hundred dollars ($1,500) per month if there is one child or one
thousand eight hundred dollars ($1,800) per month if there are two or
more children. If there also are children who are not in the care
of the surviving spouse, the portion of the allowance payable under
this paragraph, assuming that these children were in the care of the
surviving spouse, that is in excess of seven hundred fifty dollars
($750) per month, shall be divided equally among all those children
and payments made to the spouse and other children, as the case may
be.
(2) If there is no surviving spouse, or if the surviving spouse
dies, and if there are unmarried children, including stepchildren, of
the deceased member who are under 22 years of age or are so
incapacitated, or if there are children not in the care of the
spouse, the children shall be paid an allowance as follows:
(A) If there is only one child, the child shall be paid seven
hundred fifty dollars ($750) per month.
(B) If there are two children, the children shall be paid one
thousand five hundred dollars ($1,500) per month divided equally
between them.
(C) If there are three or more children, the children shall be
paid one thousand eight hundred dollars ($1,800) per month divided
equally among them.
(3) A surviving spouse who has attained or attains the age of 60
years, and who was either continuously married to the member for at
least one year prior to death, or was married to the member prior to
the occurrence of the injury or onset of the illness that resulted in
death, shall be paid seven hundred fifty dollars ($750) per month.
No allowance shall be paid under this paragraph while the surviving
spouse is receiving an allowance under paragraph (1) or while an
allowance is being paid under subparagraph (C) of paragraph (2). The
allowance paid under this paragraph shall be three hundred dollars
($300) per month while an allowance is being paid under subparagraph
(B) of paragraph (2).
(4) If there is no surviving spouse or surviving child who
qualifies for the 1959 survivor allowance, or if the surviving spouse
dies and there is no surviving child, or if the surviving spouse
dies and the children die or marry or, if not incapacitated, reach 22
years of age, each of the member's dependent parents who has
attained or attains the age of 60 years, and who received at least
one-half of his or her support from the member at the time of the
member's death, shall be paid seven hundred fifty dollars ($750) per
month.
(c) "Stepchildren," for purposes of this section, shall include
only stepchildren of the member living with the member in a regular
parent-child relationship at the time of the death of the member.
(d) This section shall only apply to state and school members
effective on or after January 1, 1999. All assets and liabilities of
employers subject to this section, and their employees, on account
of benefits provided under this article shall be pooled into a single
account, and a single employer rate shall be established to provide
benefits under this section on account of state and school members
employed by the state or a school employer.
(e) The rate of contribution of an employer subject to this
section shall be calculated using a method determined by the board.
Surplus assets shall be applied to reduce the rate of contribution.
If a deficit exists, the rate of contribution shall be increased
until the deficit is paid.
(f) On and after January 1, 2000, and until January 1, 2010, all
state employees and school members shall be covered by this section.
(g) This section shall be repealed on January 1, 2010, unless a
later enacted statute, that becomes effective on or before January 1,
2010, deletes or extends that date.
SEC. 44.
SEC. 46. Section 21581 of the Government Code is amended to
read:
21581. (a) The rate of contribution of a member subject to this
article shall include, in addition to his or her normal rate, two
dollars ($2) per month or fraction thereof, or ninety-three cents
($0.93) for each biweekly payroll period or fraction thereof, where
salaries are paid on that basis. Those contributions shall not become
a part of a member's accumulated contributions or be treated or
administered as normal contributions and shall not be refundable to a
member under any circumstances. Those contributions shall be
available only for payment of 1959 survivor allowances.
(b) Notwithstanding subdivision (a), the total monthly premium
required for Section 21574.7, as determined by the board, shall be
offset by the uniform amortization of surplus assets within this
account. Member contributions shall be two dollars ($2) per month
until such time as the future required monthly premium exceeds four
dollars ($4), and the employer shall pay the difference between the
total required monthly premium and the member's contribution. Once
the total required monthly premium exceeds four dollars ($4), the
member and the employer shall evenly share the required monthly
premium.