CHAPTER 12. Retirement from Employment

Chapter 12 added by Stats. 1995, Ch. 379, Sec. 2.

§§ 21060–21233 · 101 sections

1. ARTICLE 1. Voluntary Service Retirement §§ 21060–21063 · 4 sections

   • § 21060 (a) A member shall be retired for service upon his or her written application to the board if he or she has attained 50 years of age and is credited with five…
   • § 21061 (a) A local safety member, other than one subject to Section 21362 or 21362.2, shall be retired for service upon the member’s written application to the board…
   • § 21062 Notwithstanding Section 21061, a local safety member to whom Section 21061 applies shall be retired for service upon his or her written application to the…
   • § 21063 A member may request a meeting, to be conducted by the member’s employer, at which the employer shall explain to the member the elements of the member’s past…
2. ARTICLE 2. Second Tier Retirement—State §§ 21070–21077 · 16 sections

   • § 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… see note
   • § 21070.5 (a) Notwithstanding any other provision of this article, a person who, on or after January 1, 2000, becomes a state miscellaneous or state industrial member of…
   • § 21070.6 (a) A member who is subject to Section 21076, 21076.5, or 21077 may be credited at no cost with all previous state miscellaneous or state industrial service…
   • § 21070.7 Notwithstanding any other provision of this part, Sections 21076, 21076.5, and 21077 shall not apply to service with the California National Guard or service…
   • § 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… see note
   • § 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… see note
   • § 21073 (a) A member who elects to receive service credit under Section 21353, as authorized by subdivision (c) of Section 21070, for time during which he or she was… see note
   • § 21073.1 (a) Effective January 1, 2000, a member who elects to receive service credit under Section 21354.1, as authorized by Section 21073.7, for time during which the…
   • § 21073.5 A state Second Tier member, who meets the eligibility definition prescribed in subdivision (c) of Section 21071 may elect to be subject to Section 21353.5 at… see note
   • § 21073.6 (a) The election provided to eligible members pursuant to subdivision (c) of Section 21071, to be subject to the service retirement formula prescribed in…
   • § 21073.7 (a) A member subject to the Second Tier benefits provided in Section 21076 or 21077 who is employed by the state on or after January 1, 2000, may make an…
   • § 21074 (a) A state member who became subject to the Second Tier shall be retired for service upon his or her written application to the board if he or she has…
   • § 21075 Notwithstanding Section 20340, a person who is subject to Section 21076, 21076.5, or Section 21077 ceases to be a member if he or she has less than 10 years of…
   • § 21076 (a) The service retirement allowance for a state miscellaneous or state industrial member who has elected the benefits of this section is a pension equal to…
   • § 21076.5 (a) The service retirement allowance for a state miscellaneous or state industrial member who first becomes a member on or after January 1, 2013, who has…
   • § 21077 (a) 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…
3. ARTICLE 3. Second Tier Retirement—Contracting Agencies §§ 21090–21100 · 11 sections

   • § 21090 (a) The governing body of a contracting agency may establish a two-tiered retirement system developed by the board . (b) It is the intent of the Legislature to…
   • § 21091 (a) Contracting agencies as defined in Section 20022, some or all of whose employees are miscellaneous members included in the federal system, may amend their…
   • § 21092 (a) The normal rate of contribution for a local miscellaneous member subject to this article shall be 2 percent of compensation paid the member. A contracting…
   • § 21093 (a) Except as provided in subdivision (b), a local miscellaneous member subject to this article may be retired for service upon his or her written application…
   • § 21094 (a) The service retirement allowance for a local miscellaneous member subject to this article shall be calculated in accordance with Section 21100. (b) “Final…
   • § 21095 (a) Participation in the plan afforded by this article shall be made available to any employee who was included in the federal system and who was a member of…
   • § 21096 The employer contribution rate of a contracting agency subject to this article shall be determined by the board as otherwise provided by this part.
   • § 21097 (a) The monthly allowances payable to members based on service subject to this article shall be annually adjusted pursuant to Section 21329. (b) The percentage…
   • § 21098 The disability retirement pension for local miscellaneous service subject to this article shall be one of the following: (a) Ninety percent of the factor…
   • § 21099 This article 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…
   • § 21100 (a) The service retirement allowance for a local miscellaneous member who is subject to this article is a pension derived from the contributions of the…
4. ARTICLE 4. Reduced Worktime for Partial Service Retirement §§ 21110–21120 · 12 sections

   • § 21110 It is the intent of the Legislature that reduced worktime for partial service retirement may, at the discretion of a public agency employer, be made available…
   • § 21111 Any public agency employee, who is a local member of this system working standard hours on a full-time basis, and who is eligible to retire pursuant to Section…
   • § 21112 “Reduced worktime for partial service retirement” means any arrangement of worktime agreeable to both the public agency employer and the employee that…
   • § 21113 (a) A public agency employee who voluntarily reduces his or her worktime for partial service retirement pursuant to Sections 21110 through 21115, and who…
   • § 21114 All persons employed in reduced worktime positions for partial service retirement pursuant to Sections 21110 through 21115 shall receive proportionally reduced…
   • § 21115 A public agency employer may elect to make Sections 21110 through 21115 applicable to the agency and if it does so, the public agency employer shall establish…
   • § 21116 Except as otherwise expressly provided, and notwithstanding Section 20060, state miscellaneous members participating in reduced worktime for partial service…
   • § 21117 A state miscellaneous member or industrial member, other than a university member, shall be partially retired for service upon his or her written application…
   • § 21117.5 Notwithstanding any other provision of law, a person who is solely a National Guard member shall not be partially retired for service, nor shall service with…
   • § 21118 (a) A local member shall be partially retired for service upon his or her written application to the board if he or she has elected to participate in partial…
   • § 21119 Article 3 (commencing with Section 21310) of Chapter 13, relating to cost-of-living adjustments, shall not apply to an employee who is participating in reduced…
   • § 21120 Section 21546 shall apply to any member while in state service in partial service retirement.
5. ARTICLE 5. Compulsory Retirement §§ 21130–21132 · 3 sections

   • § 21130 (a) Every patrol member subject to Section 21362, 21362.2, or 21363.1, as applicable, shall be retired on the first day of the calendar month succeeding that…
   • § 21131 Notwithstanding any other provision of law, a local contracting agency may amend its contract to fix a mandatory retirement age for local safety members…
   • § 21132 Every state safety member shall be retired on the first day of the calendar month succeeding that in which he or she attains age 65. Every member who has…
6. ARTICLE 6. Disability Retirement §§ 21150–21176 · 27 sections

   • § 21150 (a) A member incapacitated for the performance of duty shall be retired for disability pursuant to this chapter if he or she is credited with five years of…
   • § 21151 (a) Any patrol, state safety, state industrial, state peace officer/firefighter, or local safety member incapacitated for the performance of duty as the result…
   • § 21152 Application to the board for retirement of a member for disability may be made by: (a) The head of the office or department in which the member is or was last…
   • § 21153 Notwithstanding any other provision of law, an employer may not separate because of disability a member otherwise eligible to retire for disability but shall…
   • § 21154 The application shall be made only (a) while the member is in state service, or (b) while the member for whom contributions will be made under Section 20997,…
   • § 21155 If the board requests a person to submit to a medical examination, he or she shall be entitled to reimbursement for expenses of transportation, and meals and…
   • § 21156 (a) (1) If the medical examination and other available information show to the satisfaction of the board, or in case of a local safety member, other than a…
   • § 21157 The governing body of a contracting agency shall make its determination within six months of the date of the receipt by the contracting agency of the request…
   • § 21158 Upon the receipt by the board of an application for disability retirement with respect to a state peace officer/firefighter member, state patrol member, or a…
   • § 21159 (a) Notwithstanding any other provision of law, a state member shall not be retired for industrial disability for an illness or injury that occurs on or after…
   • § 21160 (a) Any state member who is subject to Section 21159 and does not qualify for industrial disability retirement under this part, or is reinstated from…
   • § 21161 (a) A partial disability retirement program is established by Section 21160 for state employees subject to Section 21159. The benefits paid under this program…
   • § 21162 A member whose membership continues under Section 20731 shall be retired for disability and receive a retirement allowance based on the service credited to him…
   • § 21163 Notwithstanding any other provision of this article, the retirement of a member who has been granted or is entitled to sick leave or who is entitled to…
   • § 21164 Notwithstanding any other provision of this article, the retirement for disability of a local safety member, other than a school safety member, shall not be…
   • § 21165 Notwithstanding any other provision of this article, the retirement for disability of a member, other than a local safety member, with the exception of a…
   • § 21166 If a member is entitled to a different disability retirement allowance according to whether the disability is industrial or nonindustrial and the member claims…
   • § 21167 At any time within 20 days after the service of any findings of fact by the Workers’ Compensation Appeals Board under this part, any party aggrieved thereby,…
   • § 21168 Within 30 days after the petition for rehearing is denied, or, if the petition is granted, within 30 days after the rendition of amended findings of fact on…
   • § 21169 The writ of review shall be made returnable not later than 30 days after the date of issuance thereof, and shall direct the Workers’ Compensation Appeals Board…
   • § 21170 The review by the court shall not be extended further than to determine whether the Workers’ Compensation Appeals Board acted without or in excess of its…
   • § 21171 The Workers’ Compensation Appeals Board shall have continuing jurisdiction over its determinations made under Section 21166 and may at any time within five…
   • § 21172 If the retirement allowance of any person retired for disability is canceled for any cause other than reentrance into state service, and if he or she does not…
   • § 21173 The governing body of a contracting agency may delegate any authority or duty conferred or imposed under this article to a subordinate officer subject to…
   • § 21174 If it is not claimed that the disability is industrial or if the claim is made and the member so requests, the board shall proceed with retirement and with the…
   • § 21175 If any recipient of a disability retirement allowance under the minimum age for voluntary retirement for service applicable to members of his or her class…
   • § 21176 If a recipient of a disability retirement allowance reenters state service and is eligible for membership in this system, his or her allowance shall be…
7. ARTICLE 7. Reinstatement from Retirement §§ 21190–21203 · 14 sections

   • § 21190 A person who has been retired under this system for service may be reinstated from retirement by the board as provided in this article, and thereafter may be…
   • § 21191 Subject to Sections 21197 and 21201, notwithstanding any other provision of law to the contrary, a person who has been retired under this system for industrial…
   • § 21192 The board, or in case of a local safety member, other than a school safety member, the governing body of the employer from whose employment the person was…
   • § 21193 If the determination pursuant to Section 21192 is that the recipient is not so incapacitated for duty in the position held when retired for disability or in a…
   • § 21194 A person who has been partially retired under this system pursuant to Article 1.7 (commencing with Section 19996.30) of Chapter 7 of Part 2.6 or pursuant to…
   • § 21195 (a) Notwithstanding any other section in Article 6 (commencing with Section 21150) or in this article, the Department of Human Resources may reinstate a person…
   • § 21196 The board may reinstate a person from retirement upon (a) his or her application to the board for reinstatement and (b) the determination of the board that his…
   • § 21197 The board may reinstate a person from industrial disability retirement to a miscellaneous member position upon all of the following: (a) His or her application…
   • § 21198 A person who has been retired under this system for service following an involuntary termination of his or her employment, and who is subsequently reinstated…
   • § 21199 A person who has been retired under this system for service may be reinstated from retirement pursuant to this article, without regard to the requirements of…
   • § 21200 When any person is reinstated from retirement under this article, his or her retirement allowance shall be canceled immediately, and he or she shall become a…
   • § 21201 When any person is reinstated from industrial disability retirement under Sections 21191 and 21197, his or her retirement allowance shall be canceled…
   • § 21202 A person employed in violation of Section 21220 may be reinstated to membership in the category in which, and on the date on which, the unlawful employment…
   • § 21203 A person who has been retired under this system for service may be reinstated from retirement pursuant to this article, without regard to the requirements of…
8. ARTICLE 8. Employment after Retirement §§ 21220–21233 · 14 sections

   • § 21220 (a) A person who has been retired under this system, for service or for disability, may not be employed in any capacity thereafter by the state, the…
   • § 21220.5 A retired person who has not attained the normal retirement age shall have a bona fide separation in service to the extent required by the Internal Revenue…
   • § 21221 A retired person may serve without reinstatement from retirement or loss or interruption of benefits provided by this system, as follows: (a) As a member of…
   • § 21222 Notwithstanding Section 21221, if a retired person serves without reinstatement from retirement in an elective office and part or all of his or her retirement…
   • § 21223 A retired person may serve without reinstatement from retirement or loss or interruption of benefits provided under this system upon approval of the Director…
   • § 21224 (a) A retired person may serve without reinstatement from retirement or loss or interruption of benefits provided by this system upon appointment by the…
   • § 21225 (a) A retired person may serve without reinstatement from retirement or loss or interruption of benefits provided by this system as a substitute in a position…
   • § 21226 (a) A retired person may serve without reinstatement from retirement or loss or interruption of benefits provided by this system as a member of the academic…
   • § 21227 (a) A retired person may serve without reinstatement from retirement or loss or interruption of benefits provided by this system as a member of the academic…
   • § 21229 (a) A retired person may serve without reinstatement from retirement or loss or interruption of benefits provided by this system upon appointment by a school…
   • § 21230 (a) A safety member who is retired for service, with at least 20 years of service in corrections or at a jail, may serve without reinstatement from service…
   • § 21231 (a) On and after January 1, 2013, a retired person may serve without reinstatement from retirement or loss or interruption of benefits provided by this system,…
   • § 21232 On and after January 1, 2013, a person who has retired for disability and has not attained the mandatory age for retirement for persons in the employment in…
   • § 21233 (a) A person who has retired for disability shall not be employed, pursuant to this article or Section 7522.56, by any employer without reinstatement from…