CHAPTER 11. Service Credit

Chapter 11 added by Stats. 1995, Ch. 379, Sec. 2.

§§ 20890–21054 · 103 sections

1. ARTICLE 1. General Provisions §§ 20890–20910 · 26 sections

   • § 20890 Past local miscellaneous service shall be converted to local safety service if the past service: (a) Was rendered by a current employee of the same agency for…
   • § 20890.1 Past county peace officer service shall be converted to local sheriff service if all of the following apply to the past service: (a) It was rendered in a…
   • § 20890.2 (a) Past miscellaneous service performed as an employee of the Department of the California Highway Patrol while a student at the department’s training school…
   • § 20891 Section 20066 and subdivisions (a) and (b) of Section 20068 shall not apply to a state miscellaneous or state industrial member subject to Section 21076,…
   • § 20892 Service by a member in two or more school districts having governing boards composed of the same persons, shall be considered as though the service were…
   • § 20893 If a person is employed concurrently by more than one contracting agency or the state and one or more contracting agencies, his or her status under this system…
   • § 20894 (a) A person shall not receive credit for the same service in two retirement systems supported wholly or in part by public funds under any circumstance. (b)…
   • § 20895 The provisions of this part extending rights to a member of this system, or subjecting him or her to any limitation, by reason of his or her membership in a…
   • § 20896 A member who is receiving military retirement pay based on 20 or more years of active duty with the armed forces shall be deemed to have received credit in a…
   • § 20897 A member who is receiving disability retirement pay that is paid by one of the armed forces shall be deemed to be receiving military retirement pay based on…
   • § 20898 In computing the service with which a member is entitled to be credited under this part, time during which the member is excused from working because of…
   • § 20899 In computing the amount of service to be credited to a member who is entitled to credit under this part for service as an elective officer, a year of service…
   • § 20899.5 (a) An elective officer of a contracting agency that is a city, county, or city and county shall not receive credit for service or contributions for credit for…
   • § 20900 (a) Notwithstanding any other provision of this part, a member employed on a part-time basis on and after January 1, 1976, shall, for the period of part-time…
   • § 20901 (a) Notwithstanding any other provisions of this part, if the Governor, by executive order, determines that because of an impending curtailment of, or change…
   • § 20902 Notwithstanding any other provisions of this part, whenever the employer, by formal action, determines that because of an impending curtailment of, or change…
   • § 20902.5 (a) Notwithstanding any other provision of this part, whenever the Chief Justice, by formal action, determines that because of an impending curtailment of, or…
   • § 20903 Notwithstanding any other provisions of this part, when the governing body of a contracting agency determines that because of an impending curtailment of, or…
   • § 20903.5 (a) Notwithstanding Section 20903 or any other provision of this part, for only the 1994–95, 1995–96, 1996–97, 1997–98, and 1998–99 fiscal years, when the…
   • § 20904 Notwithstanding any other provisions of this part, when any county superintendent of schools determines that because of an impending curtailment of, or change…
   • § 20905 (a) Notwithstanding any other provision of this part, a school member employed on a part-time basis on and after January 1, 1991, shall, for that period of…
   • § 20906 (a) Notwithstanding any other provision of this part, a school member who is on an approved leave of absence to serve as an elected officer of an employee…
   • § 20907 Any funds transferred to this system on account of liability for additional service credit granted pursuant to Sections 20901, 20902, 20904, or former Section…
   • § 20908 (a) A member who, pursuant to Section 20281.5, did not accrue service credit with respect to his or her service to the state may elect to receive credit for…
   • § 20909 (a) A member who has at least five years of credited state service, may elect, by written notice filed with the board, to make contributions pursuant to this…
   • § 20910 A member whose right to elect to receive service credit pursuant to Article 4 (commencing with Section 20990) and Article 5 (commencing with Section 21020) has…
2. ARTICLE 2. Prior Service Credit §§ 20930–20938 · 8 sections

   • § 20930 Credit for prior service shall be granted to each member who was employed by the university at the time of becoming a member .
   • § 20931 Credit for prior service shall be granted to each member who was employed by the state, but not by the university, at the time of becoming a member. Credit for…
   • § 20932 Credit for prior service shall also be granted to each state member who became a member while employed on a part-time basis, as a result of amendments of the…
   • § 20933 Credit for prior service shall be granted to each person who was employed by a contracting agency at the time of becoming a member and who became a member on…
   • § 20934 Credit for prior service rendered as an employee of a contracting agency shall be granted to each local member at the date the local member becomes a member of…
   • § 20936 Credit for prior service shall be granted to each local member who rendered service to a public agency if that agency or a function of that agency is assumed…
   • § 20937 The credit for prior service to be granted local members and the benefits pertaining thereto, shall be established by contract between the board and the…
   • § 20938 Notwithstanding any other provision of this part, credit for prior service shall be granted only to each person who was employed by a contracting agency on the…
3. ARTICLE 3. Computation of Service Credit §§ 20960–20972 · 19 sections

   • § 20960 Except as provided in Article 4 (commencing with Section 20990), time during which a member is absent from state service without compensation shall not be…
   • § 20961 Credit for more than one year of service shall not be allowed for service rendered in any fiscal year.
   • § 20962 (a) One year of service credit shall be granted for service rendered and compensated in a fiscal year in full-time employment for any of the following: (1) One…
   • § 20963 (a) A state member, whose effective date of retirement is within four months of separation from employment with the state, shall be credited at the member’s…
   • § 20963.1 (a) A state member whose effective date of retirement is within four months of separation from employment of the state, shall be credited at his or her…
   • § 20963.5 On and after January 1, 2020, a school member, a school safety member, or a local member employed by a contracting agency that is a school district, county…
   • § 20964 Notwithstanding any other provision of law, any employee who voluntarily resigns from state service during the period January 1, 1980, through June 30, 1980,…
   • § 20965 (a) A local miscellaneous member and a local safety member, whose effective date of retirement is within four months of separation from employment with the…
   • § 20966 For the purpose of calculating retirement allowances, credit for service rendered on a part-time basis in each fiscal year shall be based on the ratio that the…
   • § 20966.5 For purposes of Sections 20326 and 21029.5, each day of compensated service with the California National Guard or service by a National Guard member authorized…
   • § 20967 For the purpose of calculating retirement benefits based on part-time service, except under Section 21381, compensation earnable shall be taken as the…
   • § 20968 For all retirement purposes including benefit eligibility and calculations of retirement allowances for state employees in the personal leave program, credit…
   • § 20969 (a) For all retirement purposes, including benefit eligibility and calculations of retirement allowances for members employed by the state that are subject to…
   • § 20969.1 (a) For all retirement purposes, including benefit eligibility and calculations of retirement allowances for members employed by a trial court that are subject…
   • § 20969.2 (a) For all retirement purposes, including benefit eligibility and calculations of retirement allowances under this part for a person employed by a county…
   • § 20969.3 (a) A member who was involuntarily terminated and who is subsequently reinstated to that employment, pursuant to an administrative, arbitral, or judicial…
   • § 20970 The determining qualification for retirement and the benefit provided under Section 21546 and calculating benefits payable upon death before retirement other…
   • § 20971 For the purposes of the computations required by subdivision (b) or (c) of Section 21532, the annual compensation earnable by a person in partial service…
   • § 20972 If a person has been employed by the state or one or more contracting agencies in any relative order and regardless of whether the employment was before or…
4. ARTICLE 4. Absences from Employment §§ 20990–21013 · 20 sections

   • § 20990 A member is absent on military service when he or she is absent from state service by reason of service with the uniformed services. Uniformed services means…
   • § 20991 Any member who was absent on military service and whose contributions are not paid for him or her by his or her employer as provided in Section 20997, may make…
   • § 20993 When a member makes the contributions as provided in Section 20991, the same contributions shall be made by the state or contracting agency with respect to the…
   • § 20994 Any employee of a contracting agency who is or was absent on military service on the effective date of the contract and who would become or would have become a…
   • § 20995 Any person in the employ of the state who was or is absent on military service on the date when he or she otherwise would have become or would become a member,…
   • § 20996 An employee of a contracting agency who is or was absent on military service on the effective date of the contract and who would become or would have become a…
   • § 20997 (a) Notwithstanding any other provision of this part, for each member other than a National Guard member absent without compensation due to military service…
   • § 20998 If a member for whose absence on military service employer’s contributions are paid or payable under Section 20997 withdraws or has withdrawn or is or has been…
   • § 21002 A member who returns to active state service following an employer-approved leave of absence because of his or her serious illness or injury may elect to…
   • § 21003 Time during which a member is absent from state service by reason of injury or illness determined within one year after the end of the absence to have arisen…
   • § 21004 “Leave of absence” also means absence from state service because of illness or injury that arose out of and in the course of employment and for which the…
   • § 21005 Time during which a member is absent from state service under leave of absence because of injury or illness that arose out of and in the course of employment,…
   • § 21006 (a) “Leave of absence” also means any time during which a state member was excused from performance of his or her duties on approved leave for the purpose of…
   • § 21007 “Leave of absence” also means any time during which a member is granted an approved leave for the purpose of service with a university; college; local, state,…
   • § 21008 Time during which a member is excused from performance of his or her duties, whether or not he or she is required to perform any portion of those duties during…
   • § 21009 “Leave of absence” also means time during which a state member is excused from the performance of a portion of his or her duties and did not, during the…
   • § 21010 Unless otherwise provided in this article, a member electing to receive service credit for time during which he or she was absent from state service shall…
   • § 21011 Notwithstanding Section 21010, for a member electing to receive service credit for time during which he or she was absent from state service who is subject to…
   • § 21012 Benefits based on service credited under this article for an absence that are in excess of the portion paid from member contributions shall be paid from…
   • § 21013 “Leave of absence” also means any time, up to one year, during which a member is granted an approved maternity or paternity leave and returns to active state…
5. ARTICLE 5. Credit for Public Service §§ 21020–21039 · 24 sections

   • § 21020 “Public service” for purposes of this article means the following: (a) The period of time an employee served the state, a school employer, or a contracting…
   • § 21020.5 (a) “Public service” also means time, on or after October 14, 1991, during which a person was employed under the California Senate Fellows, the Assembly…
   • § 21021 “Public service” for the employee of a student body organization, that is not a contracting agency, of a community college, means the period of employment…
   • § 21022 “Public service,” with respect to a local member who is a full-time employee, also means any time on or after January 1, 1981, but not to exceed 12 months,…
   • § 21023 (a) “Public service” with respect to a state member, other than a university member, also means the following: (1) Time during which the member was a prisoner…
   • § 21023.5 (a) “Public service” for purposes of this article also means time served, not to exceed three years, as a volunteer in the Peace Corps, AmeriCorps VISTA…
   • § 21024 (a) “Public service” with respect to a local member, other than a school member, also means active service with the Armed Forces of the United States or the…
   • § 21024.5 (a) “Public service” with respect to a member who is a local firefighter also means time served, before becoming a member, as a permanent career civilian…
   • § 21025 “Public service” with respect to a local member also means service rendered to a public agency if that agency or a function of that agency is assumed by a…
   • § 21025.5 (a) “Public service” with respect to a school member or a retired school member also means service rendered on or after June 30, 1977, and prior to June 30,…
   • § 21026 “Public service” with respect to a local member also means service rendered to any California nonprofit corporation whose function is to serve firefighters…
   • § 21027 (a) “Public service” with respect to a local member who retired pursuant to this part before the effective date of the election of their employer to be subject…
   • § 21028 “Public service” also means service in temporary, seasonal, limited term, on call, emergency, intermittent, substitute, or other irregular employment in which…
   • § 21029 (a) “Public service” with respect to a state member or a school member or with respect to a retired former state employee or a retired former school employee,…
   • § 21029.5 (a) “Public service” with respect to a state member also means all periods of service rendered as an officer, warrant officer, or a person in the enlisted…
   • § 21030 (a) “Public service” for purposes of this article also means employment under a program sponsored by, and financed at least in part by, the Comprehensive…
   • § 21031 (a) “Public service” also means employment by a contracting agency before the effective date of its contract with the board, and is limited to that portion of…
   • § 21032 A member may elect at any time prior to retirement, in accordance with regulations of the board, to receive credit for public service, under any of the…
   • § 21033 A member electing to receive credit for public service shall contribute in a lump sum or by installment payments over that period and subject to minimum…
   • § 21034 Public service may be credited as current or prior service, or both, as it would be credited if the member had been in state service during his or her public…
   • § 21035 Benefits based on service credited under this article in excess of the portion paid from member contributions shall be paid from the contributions of the…
   • § 21037 Notwithstanding any other provision of law, the following shall apply: (a) A member who has elected to receive credit for service by contributing in…
   • § 21038 All contributions of a member under this article shall be considered to be and shall be administered as normal contributions.
   • § 21039 (a) Notwithstanding any other provision of law, a safety member, as defined in subdivision (b) of Section 20371, who has elected to receive credit for service…
6. ARTICLE 6. Service Credit Election and Cost Calculation §§ 21050–21054 · 6 sections

   • § 21050 (a) An election by a member to receive credit for service under this part, in addition to his or her current and prior service credit, shall be effective only…
   • § 21051 (a) A member electing to receive credit for service subject to this section shall contribute, in accordance with Section 21050, an amount equal to the…
   • § 21052 A member or retired former employee who elects to receive service credit subject to this section shall contribute, in accordance with Section 21050, an amount…
   • § 21052.5 A person who is solely a National Guard member or who retires from membership in this system solely as a National Guard member may elect to receive service…
   • § 21053 All contributions of a member under this article shall be deemed to be and shall be administered as normal contributions.
   • § 21054 Notwithstanding any other provision of law, a member or retired member who elected to purchase military service credit under Section 21024 or 21027 on or after…