CHAPTER 3.5. Retirement of Legislators

Chapter 3.5 added by Stats. 1947, Ch. 879.

§§ 9350–9378 · 120 sections

1. ARTICLE 1. Definitions and General Provisions §§ 9350–9351.4 · 18 sections

   • § 9350 This chapter may be cited as the Legislators’ Retirement Law.
   • § 9350.1 Unless the context otherwise requires, the definitions and general provisions set forth in this article govern the construction of this chapter.
   • § 9350.2 “Retirement system” or “this system” means the Legislators’ Retirement System established by this chapter.
   • § 9350.3 “Board of Administration” or “board” means the Board of Administration of the Public Employees’ Retirement System.
   • § 9350.4 “Retirement Fund” or “fund” means the Legislators’ Retirement Fund established by this chapter.
   • § 9350.5 “Member” means any person who is a member of this system.
   • § 9350.55 “Legislative statutory officer” means any of the following officers who has 10 or more years’ full-time state service: (a) the Secretary of the Senate, (b) the…
   • § 9350.56 “State service,” within the meaning of Sections 9350.55, 9356.15, and 9356.16 means employment with the Legislature or either house thereof as an officer or…
   • § 9350.6 (a) “Compensation” and “salary” mean the remuneration paid in cash out of funds controlled by the state, excluding mileage, reimbursement for expenses incurred…
   • § 9350.7 “Regular interest” means interest at the annual rate fixed by the board, compounded annually, plus such additional interest as the board may credit from year…
   • § 9350.8 “Contributions” means contributions made by a member at the rate of contribution prescribed in this chapter and not contributions made by the state unless the…
   • § 9350.9 “Accumulated contributions” means the sum of all contributions standing to the credit of a member’s account, and interest thereon.
   • § 9350.10 “Net earnings” means the earnings of the retirement fund less the administrative costs specified in Section 9354 and transfers to the reserve against…
   • § 9351 “Service” means the period of time, computed in years and fractions thereof, a member has held office as a Member of the Senate or of the Assembly or as an…
   • § 9351.1 “Retirement” means withdrawal from membership in this system with a retirement allowance granted under this chapter.
   • § 9351.2 “Benefit” means the retirement or survivor allowance granted under this chapter or payment of accumulated contributions or lump-sum payments with respect to…
   • § 9351.3 “Legislator” means a Member of the Assembly or a Member of the Senate, an elective officer of the state whose office is provided by the Constitution, the…
   • § 9351.4 All references to “spouse,” “surviving spouse,” or “marriage” in this chapter apply equally to a domestic partner or domestic partnership, as defined in…
2. ARTICLE 2. Administration §§ 9353–9354.7 · 16 sections

   • § 9353 This system shall be administered by the Board of Administration of the Public Employees’ Retirement System. The board shall administer this system in…
   • § 9353.1 The board may make such rules as it deems necessary and proper for the administration of this system.
   • § 9353.2 The board shall determine who are members of this system and is the sole judge of the conditions under which persons may be admitted to and continue to receive…
   • § 9353.3 From time to time the board shall determine the rate of interest being earned on the Legislators’ Retirement Fund, and shall credit all contributions of…
   • § 9353.4 At the end of each fiscal year the board may credit to all contributions held in the fund at June 30th of the then current fiscal year, such interest in excess…
   • § 9353.5 Each member of this system shall file with the board any information affecting his or her status as a member as the board may require.
   • § 9353.6 The Chief Clerk of the Assembly shall give the board immediate written notice of the change in status of any legislative statutory officer elected by the…
   • § 9353.7 If it is impracticable for the board to determine from the records the length of service, compensation, or age of any member of this system, or if any member…
   • § 9353.8 If more or less than the correct amount of contribution required of members or the State is paid, proper adjustment shall be made in connection with subsequent…
   • § 9354 The Legislators’ Retirement Fund in the State Treasury is hereby established. All moneys received by this system pursuant to this chapter shall be deposited in…
   • § 9354.1 The board has the exclusive control of the administration and investment of the fund, with the same powers and duties, and subject to the same limitations and…
   • § 9354.2 In addition to other records and accounts, the board shall keep such records and accounts as may be necessary to show at any time: (a) The total accumulated…
   • § 9354.3 As soon as practicable after the close of each fiscal year, the board shall file with the Governor a report of its work for such fiscal year. Not later than…
   • § 9354.5 The board shall keep in convenient form such data as is necessary for the actuarial valuation of this system. As of June 30, 1973, and thereafter at the ends…
   • § 9354.6 When there is insufficient data upon which to establish mortality rates or other actuarial assumptions required to evaluate the obligations of the system, the…
   • § 9354.7 (a) Whenever a person entitled to payment of a member’s accumulated contributions or any other benefit fails to claim the payment or cannot be located or a…
3. ARTICLE 3. Membership §§ 9355–9355.8 · 12 sections

   • § 9355 Any Member of the Senate or Assembly may file with the board at any time during incumbency in that office, a written election to become a member of this…
   • § 9355.1 A person ceases to be a member of this system: (a) Upon retirement pursuant to this chapter. (b) Upon death. (c) Except as provided in Section 9355.2 or while…
   • § 9355.16 Any member of this system who is charged, by indictment, with the commission of any felony involving the accepting or giving, or offering to accept or give,…
   • § 9355.2 Notwithstanding any other provision of this chapter, if the service of a member is discontinued by any means other than death or retirement pursuant to this…
   • § 9355.3 Any member may resign from this system at any time prior to retirement, by written resignation filed with the Board of Administration.
   • § 9355.4 (a) Every elective officer of the state whose office is provided for by the California Constitution, except judges, may become a member of this system. Except…
   • § 9355.41 (a) The Insurance Commissioner may become a member of this system as provided in this section. An Insurance Commissioner who is elected after January 1, 1994,…
   • § 9355.45 (a) Every legislative statutory officer may become a member of this system. Every such officer in office at the time this section becomes effective may, within…
   • § 9355.5 Membership in this system is exclusive of membership in any other retirement system for state officers and employees. Upon becoming a member of this system, a…
   • § 9355.6 A member is absent on military service while serving with the armed forces of the United States, either during a war as defined in Section 18 of the Military…
   • § 9355.7 Any member who, while serving a term of office as a Member of the Senate or Assembly, is elected or appointed to another public office and resigns his or her…
   • § 9355.8 For purposes of Section 9355.7, “public office” includes, but is not limited to, positions within the federal government that require appointment by the…
4. ARTICLE 4. Service §§ 9356–9356.5 · 8 sections

   • § 9356 Each member of this system shall receive credit for service for time during which he or she holds office as a legislator after becoming a member of this…
   • § 9356.1 Each member who rendered service prior to the date this chapter becomes operative shall receive credit therefor if he or she makes contributions therefor to…
   • § 9356.15 Any person who is a member of the system pursuant to Section 9355.45 may also receive credit for state service prior to the date he or she became a member,…
   • § 9356.16 Any person who is a member of the system may also receive credit for state service prior to the date he or she became a member, whether the service was…
   • § 9356.2 Each member shall receive credit for service while absent on military service, provided he or she is a member at the time the absence commences or, in the case…
   • § 9356.21 Each member or former member who has 10 years of credited service in this system shall receive credit for active service of not less than one year in the armed…
   • § 9356.3 This section applies to any member heretofore or hereafter elected to fill an unexpired term of office as Member of the Legislature, and who is a Member of the…
   • § 9356.5 Any member whose service is discontinued but whose membership is continued under Section 9355.2 and who becomes a member of the Judges’ Retirement System or is…
5. ARTICLE 5. Contributions §§ 9357–9358.1 · 14 sections

   • § 9357 For each year of service rendered after the date this chapter becomes operative, each legislator who is a member of this system shall contribute 4 percent of…
   • § 9357.01 Notwithstanding the provisions of Section 9357 or 9357.05, the rate of contribution for a member of the system first elected after the date this section…
   • § 9357.05 Each person who is a member of the system pursuant to Section 9355.45 shall contribute 61/2 percent of his or her compensation for each year of service…
   • § 9357.1 Immediately upon receipt of the written election of a legislator to become a member of this system, the board of administration shall certify to the State…
   • § 9357.15 With respect to each person who is a member of the system pursuant to Section 9355.45, the Controller shall deduct 61/2 percent from each warrant drawn in…
   • § 9357.2 Any member who rendered service prior to the date he or she became a member may elect, at any time prior to retirement, to contribute to the Legislators’…
   • § 9357.3 If the membership of a member is terminated, except by death or retirement pursuant to this chapter, he or she shall be paid forthwith all of his or her…
   • § 9357.4 A member may redeposit in the Legislators’ Retirement Fund, in one sum or in not to exceed 12 monthly or 24 semimonthly payments, an amount equal to any…
   • § 9357.45 Notwithstanding any other provisions of this chapter, a person who was a member and entitled to be credited with 10 or more years of service as a Member of the…
   • § 9357.46 Any person who was a member and who withdrew his or her accumulated contributions after discontinuance of service may, at any time while he or she is in…
   • § 9357.5 Upon reentering this system after a termination of his or her membership, if a member does not elect to make, or having so elected, does not make, a redeposit,…
   • § 9358 (a) On and after January 1, 2000, the state’s contribution on account of liability for benefits under this chapter shall be established in accordance with…
   • § 9358.01 Notwithstanding any other provision of law, the state may pick up, for the sole purpose of deferring income taxes thereon, as authorized by Section 414(h)(2)…
   • § 9358.1 The board shall report annually to the Joint Rules Committee the rate of contributions which, if paid by the state pursuant to Section 9358, would fully…
6. ARTICLE 6. Benefits §§ 9359–9360.11 · 36 sections

   • § 9359 Upon his or her written application to the Board of Administration, (a) a member of this system who was a member on the effective date of this amendment who…
   • § 9359.01 (a) Notwithstanding any other provision of this part, the benefits payable to any person who becomes a member for the first time on or after January 1, 1990,…
   • § 9359.02 (a) The amount of compensation used to compute benefits payable to any person who becomes a member of this system on or after July 1, 1996, may not exceed the…
   • § 9359.03 If a person qualifies to retire as a legislative statutory officer, and has held more than one of the offices enumerated in Section 9350.55, his benefits…
   • § 9359.05 The amount of compensation that is taken into account in computing benefits payable to any person who first becomes a member of this system on or after July 1,…
   • § 9359.06 (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…
   • § 9359.1 (a) The retirement allowance for a member all of whose credited service was rendered as a Member of the Senate or Assembly, except as provided in subdivision…
   • § 9359.10 The retirement allowance for a legislative statutory officer is an annual amount equal to 3 percent of the compensation payable to the officer at the time the…
   • § 9359.11 Any contrary provisions of Section 9359.1 notwithstanding, in computing the retirement allowance of a legislator member of the Legislators’ Retirement System…
   • § 9359.12 (a) Any contrary provisions of Section 9359.1 or Section 9360.9 notwithstanding, and subject to the further limitations in subdivision (b), the retirement…
   • § 9359.13 Notwithstanding any contrary provision of Section 9359.1 the retirement allowance of a member who is an elective officer of the state whose office is provided…
   • § 9359.15 Notwithstanding any other provision of this chapter, no retirement allowance or optional settlement in lieu thereof under this chapter shall be paid to or in…
   • § 9359.16 Notwithstanding the provisions of Section 9359, a member of this system, other than a legislative statutory officer, who is under age 60 and who is credited…
   • § 9359.17 Notwithstanding the provisions of Section 9359, a legislative statutory officer who has attained the age of 55 shall be retired upon his or her written…
   • § 9359.2 A retirement allowance granted by this chapter is payable in equal monthly installments but a smaller pro rata amount may be paid for part of a month when the…
   • § 9359.3 The right of a person to any benefit or other right under this chapter and the money in the Legislators’ Retirement Fund are not subject to execution or any…
   • § 9359.4 A member may at any time designate a beneficiary to receive those benefits as may be payable to his or her beneficiary or estate under this chapter, by a…
   • § 9359.5 The designation of a beneficiary under this system, other than designations under Optional Settlements 2, 3 and 4, may be revoked at the pleasure of the person…
   • § 9359.6 The designation of a beneficiary by a member is not affected by termination of nor a break in his membership.
   • § 9359.7 If any person entitled to a benefit of not more than five hundred dollars ($500) from this system is a minor who has no guardian of his estate, the board may…
   • § 9359.8 Upon the death of any member before retirement, the member’s accumulated contributions shall be paid to the member’s beneficiary, if he or she has designated…
   • § 9359.83 Retired members of the system, and beneficiaries, who are entitled to receive allowances under the provisions of this chapter, may authorize deductions to be…
   • § 9359.85 Upon the death of any person, after retirement and while receiving a retirement allowance from this system, there shall be paid to his or her estate or to…
   • § 9359.9 (a) If a beneficiary is not designated, or if the estate is the beneficiary and the estate would not be probated if no amount were due from this system, all of…
   • § 9359.95 In addition to any other benefits provided for in this chapter, upon the death, on or after January 1, 1959, and before retirement, of any member who, at the…
   • § 9360 No payment shall be made to persons included in any group if at the date of payment there are living persons in any of the groups preceding it, as listed.…
   • § 9360.1 If the estate of the deceased member is his beneficiary, or if no beneficiary has been designated by him, or if the designated beneficiary cannot be found by…
   • § 9360.2 As used in this chapter, “disability” and “incapacity for performance of duty” as a basis of retirement, mean disability of permanent or extended and uncertain…
   • § 9360.3 Application to the board for retirement of a member for disability may be made by the member or any person in his or her behalf. Upon receipt of the…
   • § 9360.4 The board may require any recipient of a disability allowance under the minimum age for voluntary retirement to undergo medical examination. The examination…
   • § 9360.5 If any recipient of a disability retirement allowance under the minimum age for voluntary retirement refuses to submit to medical examination, the retirement…
   • § 9360.6 The disability allowance for other than legislative statutory officers is the same as the retirement allowance that would be payable to the member had he or…
   • § 9360.7 (a) Any Member of the Senate or Assembly who, after the effective date of this section, retires for service or disability shall receive the retirement…
   • § 9360.9 Notwithstanding any other provisions of this chapter, the provisions of this section shall be applicable to all allowances granted by this chapter commencing…
   • § 9360.10 On or before January 15, 1968, and on or before January 15 of each year thereafter, the amount of any allowances provided by this chapter and not subject to…
   • § 9360.11 Notwithstanding any other provisions of this chapter, any member who would have been eligible to retire under Section 9359.01 had it not been repealed because…
7. ARTICLE 7. Optional Settlements §§ 9361–9361.5 · 8 sections

   • § 9361 In lieu of the retirement allowance for his life alone, a member or retired member may elect, or revoke or change a previous election, to have the actuarial…
   • § 9361.1 (a) The election, revocation, or change of election set forth in Section 9361 may be made at any time before the effective date of retirement or after the…
   • § 9361.12 Notwithstanding any provision of this part, a retired member who was a Member of the Senate or Assembly may revoke an optional settlement and may designate a…
   • § 9361.15 A member may designate one or more persons as beneficiaries. If more than one person is designated under an optional settlement involving life contingency of…
   • § 9361.2 Optional Settlement 1 consists of the right to have a retirement allowance paid him or her until his or her death and if he or she dies before he or she…
   • § 9361.3 Optional Settlement 2 consists of the right to have a retirement allowance paid him or her until his or her death and thereafter to his or her beneficiary for…
   • § 9361.4 Optional Settlement 3 consists of the right to have a retirement allowance paid him or her until his or her death, and thereafter to have one-half of his or…
   • § 9361.5 Optional Settlement 4 consists of such other benefits as are the actuarial equivalent of his retirement allowance, that he may select subject to the approval…
8. ARTICLE 8. Survivor’s Allowances §§ 9371–9378 · 8 sections

   • § 9371 (a) This article applies to members who elect to be subject to its provisions and does not apply to any member while his or her services are included in the…
   • § 9372 “Survivor allowance” means the allowance provided for in Section 9374.
   • § 9373 “Disability,” “disabled” or “incapacitated” means, with respect to qualification for a survivor allowance, inability to engage in any substantial gainful…
   • § 9374 Upon the death of a member before retirement (a) the surviving spouse of the member, who has the care of children, including stepchildren, of the member who…
   • § 9375 For the purposes of Section 9374, a person shall be considered to be under the age of 18 if he or she is under the age of 22 and a full-time student.
   • § 9376 When the survivor is entitled to receive a monthly allowance as a death benefit provided by any other provision of this chapter and at the same time is…
   • § 9377 The rate of contribution of a member subject to this article shall include in addition to his normal rate, two dollars ($2) per month. Such contributions shall…
   • § 9378 A person who in any month is an eligible survivor of more than one member, shall receive only one allowance under this article, which shall be the largest of…