CHAPTER 11. Judges’ Retirement Law [75000. - 75111.]
Chapter 11 added by Stats. 1953, Ch. 206.
§§ 75000–75111 · 136 sections
ARTICLE 1. General Provisions §§ 75000–75006.6 · 9 sections
- § 75000 This chapter shall be known and may be cited as the “Judges’ Retirement Law.” The retirement system established by this chapter shall be known and may be cited…
- § 75001 Unless the context otherwise requires, the definitions and general provisions set forth in this article govern the construction of this chapter.
- § 75002 “Judge” means a justice of the Supreme Court or of a court of appeal, or a judge of a superior court, municipal court, or justice court. A retired justice…
- § 75003 “Salary” means the compensation received by a judge as the emolument of the office of judge, and as limited by Section 75075.02, but, except as provided by…
- § 75004 “Service” means the period of time a person has made contributions by reason of holding office as a judge of any one or more of the courts of this state…
- § 75004.5 All references to “spouse,” “surviving spouse,” or “marriage” in this chapter apply equally to a domestic partner or domestic partnership, as defined in…
- § 75005 Notwithstanding any other provision of law, this chapter shall be administered and governed by the Board of Administration of the Public Employees’ Retirement…
- § 75006 (a) Any allowance payable to a retired judge or to a surviving spouse or to an eligible surviving child which has accrued and remained unpaid at the time of…
- § 75006.6 The surviving spouse or eligible surviving child of a deceased judge who is receiving a monthly allowance from the Judges’ Retirement System, or a retired…
ARTICLE 2. Retirement for Service §§ 75025–75035 · 30 sections
- § 75025 Every judge who has the age and service qualifications specified in one of the following subdivisions, and who is not ineligible for retirement under Section…
- § 75025.1 A judge whose service is discontinued by the expiration of his term of office and who is otherwise eligible to retire under this chapter may file the notice of…
- § 75026 Except as provided in Section 75029, no judge shall be eligible to retire under Section 75025 if he or she has not received a salary from which contributions…
- § 75027 Any judge whose term of office expires within 60 days before he or she has rendered the minimum service required for retirement at his or her age shall be…
- § 75028 (a) Except as provided in Sections 75060.6, 75080, and 68543.5, any designation as a judge pro tempore or any assignment by the Chairperson of the Judicial…
- § 75028.1 (a) At the time of the filing of a notice of retirement under the Judges’ Retirement Law to be effective after 691/2 years of age but before the end of the…
- § 75028.2 A retired judge on senior judge status shall not receive a retirement allowance, except for health and welfare benefits generally available to judges of courts…
- § 75028.3 Notwithstanding any other provision of law, senior judge status shall terminate at the end of five years, except that the status shall terminate earlier when…
- § 75028.4 (a) A judge whose senior judge status is terminated may elect to receive the retirement benefits for which the judge was eligible at the time he or she elected…
- § 75028.5 After a judge has withdrawn his or her accumulated contributions upon discontinuance of his or her service, that service shall not count in the event he or she…
- § 75028.6 The senior judge status program shall terminate on January 1, 1997. No person may elect senior judge status or exercise any of the rights thereof on or after…
- § 75029 For any judge who, prior to becoming a judge, served as a “judge of an excluded court” as defined below, there shall be included in the computation of the…
- § 75029.1 On and after January 1, 1990, the right to elect to receive credit for prior service as a judge of an excluded court pursuant to Section 75029 shall apply only…
- § 75029.5 Notwithstanding any other provision of law, any justice court judge who was a member of the Public Employees’ Retirement System on December 31, 1989, and…
- § 75030.5 (a) Any judge who first becomes a judge on or after May 1, 1962, and who has served as an elected state constitutional officer before becoming a judge, or any…
- § 75030.6 On and after October 1, 1961, the right to elect to receive credit for service pursuant to Section 75030.5 shall apply only to a judge who has served as a…
- § 75030.7 Any judge has a right to elect, by written election filed with the Judges’ Retirement System at any time prior to retirement, to make contributions pursuant to…
- § 75030.8 (a) A judge may elect, by written election filed with the board at any time prior to retirement, to make contributions and receive service credit for all of…
- § 75030.9 A Member of the Senate or Assembly whose contributions as a judge remain on deposit in the fund under Section 75033, shall, during the term of office for which…
- § 75030.10 Any person who filed a declaration of candidacy for a judicial office pursuant to Section 8023 or 8201 of the Elections Code prior to May 1, 1962, and was…
- § 75031 In computing the number of years a person has been a judge for the purposes of retirement under Sections 75025 or 75060, there shall be included any time as he…
- § 75031.5 (a) A judge may elect, in writing filed with the Judges’ Retirement System, to make contributions and receive service credit in this system for active service,…
- § 75032 Every judge who has retired or who retires pursuant to Section 75025 before or after September 11, 1957, shall, during the remainder of his or her life,…
- § 75032.5 Retired judges, and beneficiaries, who are entitled to receive allowances under the provisions of this chapter, may authorize deductions to be made from their…
- § 75033 Notwithstanding any other provision of this chapter, if the service of a judge, who has been elected or appointed as such, is discontinued by any means other…
- § 75033.1 Any judge who is removed from office by the Supreme Court shall not receive any of the benefits provided by Section 75033. The amount of his accumulated…
- § 75033.2 A judge who pleads guilty or no contest or is found guilty of a crime committed while holding judicial office which is punishable as a felony under California…
- § 75033.5 Notwithstanding any other provision of this chapter, any judge with at least five years of service, may retire, and upon his or her application therefor to the…
- § 75033.6 If a judge retires pursuant to Section 75033 or 75033.5 and there has been a community property benefit awarded to the judge’s ex-spouse pursuant to Article…
- § 75035 “Resignation,” as used in this article, does not include a resignation, express or implied, which is for the purpose of accepting an elective or appointive…
ARTICLE 2.5. Community Property §§ 75050–75059.1 · 12 sections
- § 75050 (a) Upon the legal separation or dissolution of marriage of a member, the court shall include in the judgment or a court order the date on which the parties…
- § 75051 “Nonmember,” as used in this article, means the spouse or former spouse of a member, who as a result of petitioning the court for the division of community…
- § 75052 (a) The nonmember who is awarded a separate account shall have the right to a refund of accumulated retirement contributions in the separate account of the…
- § 75052.5 If the nonmember withdraws accumulated contributions in accordance with Section 75052, the member may redeposit those contributions pursuant to this part.
- § 75053 (a) The nonmember who is awarded a separate account may redeposit accumulated contributions previously refunded to the member in accordance with the…
- § 75054 (a) The nonmember shall have the right to purchase service credit pursuant to the determination of the court required by Section 75050. (b) The nonmember may…
- § 75055 A nonmember shall be retired upon his or her written application to the board if all of the following conditions are met: (a) The nonmember has attained the…
- § 75056 Retirement shall be effective and the retirement allowance shall begin to accrue as of the date designated in the nonmember’s application as the effective date…
- § 75057 For a nonmember, the retirement allowance shall be based on the salary payable, at the time payment of the allowance falls due, to the judge holding the…
- § 75058 (a) A nonmember shall be entitled to a retirement allowance based on service accrued by the judge during their years of marriage and in accordance with the…
- § 75059 (a) Upon the legal separation or dissolution of marriage of a retired member, the court shall include in a judgment or court order the date on which the…
- § 75059.1 (a) A former spouse of a judge retired or deceased as of January 1, 2001, shall be eligible for the benefits provided by this section if the community property…
ARTICLE 3. Disability Retirement §§ 75060–75064 · 8 sections
- § 75060 (a) Any judge who is unable to discharge efficiently the duties of his or her office by reason of mental or physical disability that is or is likely to become…
- § 75060.1 Notwithstanding any provision of law to the contrary, every judge retired for disability before or after the effective date of this section shall receive a…
- § 75060.5 Every judge retired under Section 75060, who on the ninetieth day after the final adjournment of the 1957 Regular Session of the Legislature is receiving a…
- § 75060.6 The Commission on Judicial Performance, in its discretion, but not more often than once every two years, may require any judge who is receiving an allowance…
- § 75061 (a) Any person who becomes a judge during the period of January 1, 1980, through December 31, 1988, shall not be eligible to be retired for disability unless…
- § 75062 A judge who applies for disability retirement and against whom there is pending a criminal charge of the commission of, or who has been convicted of, a felony…
- § 75063 A judge against whom there is pending a disciplinary proceeding which could lead to his or her removal from office or who has been removed from office for…
- § 75064 A member who is defeated at an election and who either had submitted, prior to the date of the election, an application for disability retirement or submits,…
ARTICLE 3.5. Payment of Benefits §§ 75070–75074.5 · 8 sections
- § 75070 In lieu of electing the unmodified allowance for his or her life alone, a judge may elect to have the actuarial equivalent of his or her retirement allowance…
- § 75070.5 If a judge elects an optional settlement that provides for a monthly allowance for his or her named beneficiary or beneficiaries, the combined allowance…
- § 75071 This section shall apply to any judge who retires on or before December 31, 2017. (a) Optional settlement one consists of the right to have a retirement…
- § 75071.5 This section shall apply to any judge who retires on or after January 1, 2018. (a) The unmodified allowance consists of the right to have the maximum…
- § 75072 If, during the life of a judge who has elected to receive an optional settlement in lieu of a retirement allowance for his or her life alone, or during the…
- § 75073 A judge who elects to receive optional settlement two or three in Section 75071 may concurrently and irrevocably elect to waive the provision for an increase…
- § 75074 (a) Except as provided in subdivision (b), a judge may, at any time, including, but not limited to, at any time after reaching retirement age, designate a…
- § 75074.5 (a) Notwithstanding any other provision of law, the designated beneficiary or beneficiaries of any judge who designated a beneficiary to receive an optional…
ARTICLE 3.6. Benefits Payable §§ 75075–75079.5 · 13 sections
- § 75075 Any judge hereafter retiring pursuant to Section 75025 or 75060 may elect to receive the benefits accorded by this article if he or she retires for service or…
- § 75075.01 (a) Notwithstanding any other provision of this part, the benefits payable to any person who for the first time becomes a member on or after January 1, 1990,…
- § 75075.02 The benefits payable to any person who first becomes a member of this system on or after July 1, 1996, shall not exceed the limitations in Section 401(a) of…
- § 75075.03 (a) The cost-of-living adjustments under Section 415(d) of the Internal Revenue Code to the limits described in Section 415(b) of the Internal Revenue Code, as…
- § 75076 (a) A judge who qualifies, as prescribed in Section 75075, to receive the benefits accorded by this article shall receive a retirement allowance equal to 65…
- § 75076.1 If a community property benefit has been awarded to a judge’s ex-spouse pursuant to Article 2.5 (commencing with Section 75050), the percent of the salary…
- § 75076.2 A judge who renders part-time service after January 1, 1990, shall receive a reduced retirement allowance. The reduction shall be based upon the relationship…
- § 75076.5 Notwithstanding any other provision of law, in no event shall an allowance payable pursuant to this chapter to a retired member on the effective date of a…
- § 75077 The surviving spouse of a judge who qualifies, as prescribed in Section 75075, to receive the benefits accorded by this article and who dies during retirement…
- § 75077.5 For a judge who dies after retirement, the spouse of a judge at death may receive benefits payable to a surviving spouse under this chapter only if the spouse…
- § 75078 The allowance to the judge and to his surviving spouse under this article shall be paid by the State at the times and in the manner provided for the payment of…
- § 75079 (a) When a judge elects and becomes entitled to receive the benefits accorded by this article, he or she does not have the right to select an optional…
- § 75079.5 Notwithstanding any other provision of this part, a judge who retires on or after January 1, 2002, and who elects to retire pursuant to Section 75025 shall…
ARTICLE 4. Employment of Retired Judges §§ 75080–75083 · 3 sections
- § 75080 (a) If, after retirement for disability, a retired judge engages in the practice of law or other gainful occupation, the retirement allowance otherwise payable…
- § 75080.5 (a) Except as described in subdivision (b), if a person who is retired under this system is appointed or elected to serve as a judge, he or she shall reinstate…
- § 75083 Any judge retired pursuant to this chapter who is appointed by the Supreme Court or any court of appeal, or division thereof, to act as a master or referee in…
ARTICLE 4.5. Extended Service Incentive Program §§ 75085–75089.1 · 18 sections
- § 75085 The Extended Service Incentive Program is hereby created to provide an incentive to judges who are eligible to receive the maximum retirement benefit to remain…
- § 75085.1 The design and administration of the Extended Service Incentive Program shall conform to the applicable provisions of Title 26 of the United States Code and…
- § 75085.2 If any provision of this article or application thereof to any person or circumstance is held invalid, that invalidity shall not affect other provisions or…
- § 75085.3 The board shall implement the Extended Service Incentive Program pursuant to the provisions of this article no later than July 1, 2001, unless the board…
- § 75085.4 The board may adopt regulations to implement the program.
- § 75085.5 “Program” means the Extended Service Incentive Program.
- § 75085.6 “Extended service calculation date” means the later of (a) January 1, 2001, or (b) the date the judge first becomes eligible to participate in the program…
- § 75085.7 “Extended service period” means a period of time commencing on the extended service calculation date and ending (a) on the date of the judge’s retirement or…
- § 75085.8 “Program payment” means the amount to be paid to the judge as a result of his or her participation in the program, as calculated in Section 75087.
- § 75086 A judge shall be eligible to participate in the program if the judge has performed at least 20 years of creditable service and is at least 60 years of age.
- § 75086.1 (a) A judge described in Section 75086 shall be entitled to receive a program payment at the time of his or her termination of employment and retirement if the…
- § 75086.2 The judge’s retirement contribution shall continue during the extended service period.
- § 75087 The program payment shall be calculated by the system as an aggregate amount equal to a percentage of the judge’s monthly salary for each month of the extended…
- § 75088 Upon the termination of employment and retirement of a judge who is entitled to a program payment, as described in subdivision (a) of Section 75086.1, the…
- § 75088.3 The required beginning date of distributions that reflect the entire interest of the judge shall be as follows: (a) In the case of a lump-sum distribution to…
- § 75088.4 A judge described in Section 75086 may, at any time, designate a beneficiary to receive the benefits that may be payable to his or her beneficiary or estate…
- § 75089 Notwithstanding any other provision of law, a judge shall have no vested rights under this article unless and until the judge satisfies the eligibility…
- § 75089.1 The Judicial Council shall, on or before January 1, 2006, prepare a report to the Legislature that analyzes the effects of the Extended Service Incentive…
ARTICLE 5. Survivor Benefits §§ 75090–75094 · 5 sections
- § 75090 The benefits of this article are payable only to the surviving spouse of a judge who elects to come within this article. Any person who becomes a judge after…
- § 75091 (a) If a judge who is credited with at least 10 years of service but less than 20 years of service under this chapter dies prior to retiring under this…
- § 75092 Any judge electing to come within this article shall contribute two dollars ($2) a month to the Judges’ Retirement Fund. Such contribution shall be deducted…
- § 75093 (a) Notwithstanding any other provisions of this article to the contrary, the surviving spouse of any judge who died in office on or after January 1, 1987,…
- § 75094 (a) Notwithstanding any other provision of this article to the contrary, the surviving spouse of a judge shall receive an allowance that is equal to the amount…
ARTICLE 5.1. Surviving Children Benefits §§ 75095–75098 · 7 sections
- § 75095 The benefits of this article are payable only to the surviving children of a judge who elects to come within this article. Any person who becomes a judge after…
- § 75096 The monthly allowance payable pursuant to Section 75091 shall be paid to the guardian of surviving unmarried children while under 18 years of age and the…
- § 75096.1 Notwithstanding any other provisions of this article to the contrary, the guardian of surviving unmarried children while under 18 years of age and the…
- § 75096.2 A monthly allowance equivalent to the allowance payable pursuant to Section 75104.4 shall be paid, in lieu of the allowance provided in Section 75096, or any…
- § 75096.3 A monthly allowance equivalent to the allowance payable pursuant to Section 75077 shall be paid, in lieu of any other surviving children’s benefits, to the…
- § 75097 Any judge electing to come within this article shall contribute three dollars ($3) a month to the Judges’ Retirement Fund. The contribution shall be deducted…
- § 75098 If an allowance is paid under this article no payment shall be made pursuant to Section 75104 or Section 75104.5, provided however, that if the prospective…
ARTICLE 6. Judges’ Retirement Fund §§ 75100–75111 · 23 sections
- § 75100 There is in the State Treasury a fund known as the Judges’ Retirement Fund. All retirement allowances payable by law to judges shall be paid out of this fund.…
- § 75101 The Controller shall at the end of each month ascertain the aggregate amount of the annual salaries of judges covered by the system, and out of the General…
- § 75102 Except as provided in Section 75103.3, the Controller shall at the end of each month commencing with the salary for the month of July 1964 deduct 8 percent…
- § 75103 Except as provided in Section 75103.3, the auditor of each county shall deduct 8 percent from the portion paid by a county of the monthly salary, not including…
- § 75103.1 The Legislature reserves the right to increase the rates of contribution prescribed by Sections 75101 to 75103, inclusive, in such amounts as it may find…
- § 75103.2 The Legislature reserves the right to reduce any benefits applicable to any person who becomes a judge on and after January 1, 1980.
- § 75103.3 Notwithstanding any other provision of law, the state and the county may pick up, for the sole purpose of deferring income taxes thereon, as authorized by…
- § 75103.5 No county shall directly or indirectly pay from its funds the member contributions to the Judges’ Retirement Fund required by this article.
- § 75103.6 Calculations of retirement benefits and Extended Service Incentive Program benefits under this chapter for any judge in the Voluntary Waiver of Salary Program,…
- § 75104 (a) Except as otherwise provided in subdivisions (b) and (c), should any judge die, resign, or cease to be a judge prior to his or her retirement, or die after…
- § 75104.4 (a) The surviving spouse of any judge who dies on or after January 1, 1954, but before retirement and after becoming eligible for retirement pursuant to…
- § 75104.5 Upon the death of a judge before retirement there shall be paid to his or her beneficiary, if he or she has designated one, and if not, to his or her estate,…
- § 75105 The Board of Administration of the Public Employees’ Retirement System shall have authority to invest the money contained in the Judges’ Retirement Fund in the…
- § 75106 The State Treasurer is the custodian of the Judges’ Retirement Fund. At the end of each month the Judges’ Retirement System shall ascertain the written notices…
- § 75106.5 A retired judge or the surviving spouse of a judge, entitled to receive an allowance under the provisions of this chapter, may authorize deductions to be made…
- § 75107 Whenever it appears to the Judges’ Retirement System that the money in the Judges’ Retirement Fund is insufficient, or is likely to become insufficient, to pay…
- § 75108 Notwithstanding any other provision, all expenses of administration of this article shall be paid by appropriation from the fund.
- § 75109 If the Judges’ Retirement System determines that there has been an overpayment of contributions or that any amount not required to be paid under this chapter…
- § 75109.1 (a) When there has been a payment of death benefits, a return of accumulated contributions, a contribution adjustment, or a deposit of contributions, this…
- § 75109.5 The Judges’ Retirement System shall keep in convenient form such data as is necessary for the actuarial valuation of this retirement law. As of June 30, 1973,…
- § 75109.6 When there is insufficient data upon which to establish mortality rates or other actuarial assumptions required to evaluate the obligations of the system, the…
- § 75109.7 The board may assess a county a reasonable amount to cover costs incurred because of the county’s failure to submit reports within 30 days of the date the…
- § 75111 (a) Whenever a person entitled to payment of a member’s contributions or any other benefit fails to claim the payment or cannot be located or a warrant in…