CHAPTER 11.5. Judges’ Retirement System II [75500. - 75613.]

Chapter 11.5 added by Stats. 1994, Ch. 879, Sec. 11.

§§ 75500–75613 · 62 sections

1. ARTICLE 1. General Provisions §§ 75500–75508 · 11 sections

   • § 75500 (a) This chapter shall be known and may be cited as the Judges’ Retirement System II Law. (b) Chapter 11 (commencing with Section 75000) shall not apply to…
   • § 75501 Unless the context otherwise requires, the definitions and general provisions set forth in this article govern the construction of this chapter.
   • § 75502 (a) “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 who is first…
   • § 75505 (a) This chapter shall be administered and governed pursuant to the Public Employees’ Retirement Law to the same extent and with the same effect as if those…
   • § 75506 The board shall, annually, send each judge a member statement which shall include information regarding accrued service credit, accrued monetary credits,…
   • § 75506.5 (a) Any 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…
   • § 75506.6 (a) A judge may elect, in writing filed with the Judges’ Retirement System II, to make contributions and receive service credit in this system for active…
   • § 75506.7 (a) A judge may receive service credit for the purposes of retirement under Section 75522, 75522.5, or 75560, or for purposes of calculating survivor benefits…
   • § 75506.8 When a judge that satisfies the requirements of Section 75506.7 makes the contributions required to receive service credit for service with the uniformed…
   • § 75507 (a) Any allowance payable to a retired judge or to a surviving spouse or to an eligible surviving child that has accrued and remained unpaid at the time of the…
   • § 75508 The surviving spouse or eligible surviving child of a deceased judge who is receiving a monthly allowance from the system, or a retired judge, if there is no…
2. ARTICLE 2. Early Retirement and Normal Retirement §§ 75520–75528 · 11 sections

   • § 75520 (a) A judge shall, monthly, accrue monetary credits equal to 18 percent of the judge’s monthly salary. (b) To the total monetary credits in each judge’s…
   • § 75521 (a) A judge who leaves judicial office before accruing at least five years of service shall be paid the amount of the judge’s contributions to the system, and…
   • § 75522 (a) A judge is eligible to retire pursuant to this section upon attaining both 65 years of age and 20 or more years of service, or upon attaining 70 years of…
   • § 75522.5 (a) On and after January 1, 2024, a judge who is not eligible to retire pursuant to Section 75522, in lieu of receiving their monetary credits pursuant to…
   • § 75523 (a) The retirement allowance of retired judges who have elected to receive a monthly allowance under subdivision (d) of Section 75522 or who have retired for…
   • § 75524 Any designation as a temporary judge or any assignment by the Chairperson of the Judicial Council shall be disregarded for purposes of this chapter. For the…
   • § 75525 Retired judges, and beneficiaries, who are entitled to receive allowances under this chapter, may authorize deductions to be made from their retirement…
   • § 75526 A judge who pleads guilty or no contest or is found guilty of a crime committed while holding judicial office that is punishable as a felony under California…
   • § 75527 Notwithstanding any other provision of this chapter, the benefits payable to any person shall be subject to the limitations set forth in the Internal Revenue…
   • § 75527.5 (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…
   • § 75528 A judge must have a minimum of six years of judicial service to be eligible for benefits provided by retiring concurrently from this system and the Public…
3. ARTICLE 3. Community Property §§ 75550–75553 · 4 sections

   • § 75550 In this article, unless the context indicates otherwise: (a) “Member” means a judge as defined in Section 75502. (b) “Nonmember” means the spouse or former…
   • § 75551 (a) If a member’s marriage is dissolved or a member and his or her spouse are legally separated while the member is an active judge, the court shall make the…
   • § 75552 (a) After payment of a portion of the member’s contributions to a nonmember pursuant to subdivision (b) of Section 75551, the member may redeposit the full…
   • § 75553 (a) If a member leaves judicial office after a nonmember has received a share of the member’s contributions or a share of the member’s monetary credits…
4. ARTICLE 4. Disability Retirement §§ 75560–75564 · 7 sections

   • § 75560 No judge shall be eligible to be retired for disability unless the judge is credited with at least five years of judicial service or unless the disability is a…
   • § 75560.1 (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…
   • § 75560.4 (a) A judge who retires for disability shall receive a retirement allowance in an amount equal to the lower of the following: (1) The benefit factor under…
   • § 75560.6 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…
   • § 75562 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…
   • § 75563 A judge against whom there is pending a disciplinary proceeding that could lead to his or her removal from office or who has been removed from office for…
   • § 75564 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,…
5. ARTICLE 5. Payment of Benefits §§ 75570–75573 · 6 sections

   • § 75570 (a) In lieu of electing the unmodified allowance for the judge’s life alone, a judge who elects to retire and receive a monthly allowance under either…
   • § 75570.5 If a judge elects an optional settlement that provides for a monthly allowance for his or her surviving spouse, the combined allowance payable to the surviving…
   • § 75571 This section shall apply to any judge who retires on or before December 31, 2017. (a) Optional settlement 1 consists of the right to have a retirement…
   • § 75571.5 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…
   • § 75572 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…
   • § 75573 A judge who elects to receive optional settlement two or three in Section 75571 may concurrently and irrevocably elect to waive the provision for an increase…
6. ARTICLE 6. Employment of Retired Judges §§ 75580–75583 · 3 sections

   • § 75580 (a) If a judge who is retired for disability engages in the practice of law or other gainful occupation that requires the discharge of duties substantially…
   • § 75580.5 (a) Except as provided in subdivision (b), if a person who is retired for service or disability under this system is appointed or elected to serve as a judge,…
   • § 75583 (a) 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…
7. ARTICLE 7. Survivor and Insurance Benefits §§ 75590–75592 · 3 sections

   • § 75590 (a) A surviving spouse of a judge who was eligible to retire pursuant to subdivision (a) of Section 75522 shall, within 90 days after the judge’s death, elect…
   • § 75591 (a) A surviving spouse of a judge who dies before becoming eligible to retire pursuant to subdivision (a) of Section 75522 shall receive the greater of one of…
   • § 75592 Each judge shall receive the same group term life insurance benefits as is granted to other constitutional officers and state managerial employees. The…
8. ARTICLE 8. Fund §§ 75600–75613 · 17 sections

   • § 75600 There is in the State Treasury, subject to the control of the board, a trust fund known as the Judges’ Retirement System II Fund. The fund shall receive all…
   • § 75600.5 (a) The Controller shall at the end of each month ascertain the aggregate amount of the annual salaries, not including the additional compensation pursuant to…
   • § 75601 Except as provided in Section 75605, the Controller shall at the end of each month deduct 8 percent from the monthly salary, not including the additional…
   • § 75602 Except as provided in Section 75605, the Controller or the auditor of each county shall deduct 8 percent from the portion paid by a county, or the Controller…
   • § 75603 The Legislature reserves the right to increase the rates of contribution prescribed by Sections 75601 and 75602 in the amounts as it may find appropriate.
   • § 75604 The Legislature reserves the right to reduce any benefits applicable to any person who becomes a judge who is subject to this chapter.
   • § 75605 (a) 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…
   • § 75605.1 Calculations of retirement benefits and monetary credit under this chapter for any judge in the Voluntary Waiver of Salary Program, as described in paragraph…
   • § 75606 (a) A judge who has filed a declaration of candidacy for election or reelection to a judicial office may not withdraw his or her contributions under Section…
   • § 75607 The board may invest the money contained in the Judges’ Retirement System II Fund in the same manner and subject to the same restrictions as investments of the…
   • § 75608 The Treasurer is the custodian of the Judges’ Retirement System II Fund. At the end of each month the board shall ascertain the written notices of voluntary…
   • § 75609 A retired judge or the surviving spouse of a judge, entitled to receive an allowance pursuant to this chapter, may authorize deductions to be made from the…
   • § 75610 Notwithstanding any other provision of law, all expenses of administration of this article shall be paid by appropriation from the Judges’ Retirement System II…
   • § 75611 If the board determines that there has been an overpayment of contributions or that any amount not required to be paid under this chapter has been paid by a…
   • § 75611.5 (a) When there has been a payment of death benefits, a return of accumulated contributions, a contribution adjustment, or a deposit of contributions, this…
   • § 75612 (a) 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…
   • § 75613 (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…