CHAPTER 13. Retirement Benefits
Chapter 13 added by Stats. 1995, Ch. 379, Sec. 2.
§§ 21250–21483 · 157 sections
ARTICLE 1. General Provisions §§ 21250–21269 · 20 sections
- § 21250 A pension, an annuity, special death benefit or retirement allowance granted by this part is payable in equal monthly installments but a smaller pro rata…
- § 21251 Notwithstanding Section 20172, the board may establish a special account and procedure to directly pay estimated benefits on an emergency basis. Payments under…
- § 21251.13 (a) Notwithstanding any other provision of law, Sections 21070.5, 21070.6, 21073.1, 21073.7, 21354.1, 21362.2, 21363.1, and 21369.1 and the amendments to…
- § 21251.15 (a) Notwithstanding any other provision of this part, when a member’s account has been divided pursuant to Section 21290, and the nonmember has not effected a…
- § 21252 (a) A member’s written application for retirement, if submitted to the board within nine months after the date the member discontinued his or her state…
- § 21254 The right of a person to a pension, retirement allowance, return of contributions, the pension, retirement allowance, any optional benefit, or any other right…
- § 21255 The right of a person to any benefit or other right under this part and the money in the retirement fund are not subject to execution or any process whatsoever…
- § 21256 Any allowance may be paid directly to a trust. A trustee of the trust shall have the right to make tax withholding elections and to change the address for…
- § 21257 The benefits payable after August 4, 1943 under this system shall not be modified on account of any amounts paid to a retired member or beneficiary under…
- § 21258 For the purposes of determining eligibility for disability retirement, calculating disability retirement allowances, and determining and calculating death…
- § 21259 Subject to compliance with this part, after a member has qualified as to service and disability for retirement for disability, or as to age and service for…
- § 21260 In lieu of receiving a monthly allowance that is less than ten dollars ($10) per month, the beneficiary or survivor entitled to the allowance may elect to…
- § 21261 The sole purpose of this section is to notify the current spouse of the selection of benefits or change of beneficiary made by a member. This section is not…
- § 21263 Notwithstanding the provisions of Sections 751 and 1100 of the Family Code, whenever payment or refund is made by this system to a member, former member,…
- § 21264 Retired members of this system, and beneficiaries who are entitled to receive allowances or benefits under this part, may authorize deductions to be made from…
- § 21265 Retired members of this system, and beneficiaries who are entitled to receive allowances or benefits under this part, may authorize deductions to be made from…
- § 21266 Upon receipt of proof, satisfactory to the board, that a warrant drawn in payment of a retirement allowance or in payment of any other account due from the…
- § 21267 (a) Notwithstanding any other provision of law, any person entitled to the receipt of benefits from any state retirement system may authorize the payment of…
- § 21268 The Controller may make an agreement with one or more financial institutions participating in the Automated Clearing House pursuant to the local rules, and may…
- § 21269 (a) Any person entitled to a benefit from this system may request that payment be made by deposit by electronic fund transfer in the person’s bank, savings and…
ARTICLE 2. Community Property §§ 21290–21298 · 10 sections
- § 21290 (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…
- § 21291 “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…
- § 21291.5 Notwithstanding any other provision of this article, a spouse or registered domestic partner who is not an alternate payee, as defined in Section 414(p)(8) of…
- § 21292 (a) The nonmember who is awarded a separate account shall have the right to a refund of the accumulated contributions in the separate account of the nonmember.…
- § 21293 (a) The nonmember who is awarded a separate account may redeposit accumulated contributions previously refunded to the member in accordance with the…
- § 21294 (a) The nonmember shall have the right to purchase service credit pursuant to the determination of the court required by Section 21290. (b) The nonmember may…
- § 21295 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…
- § 21296 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…
- § 21297 For a nonmember, “final compensation” means the highest average annual compensation earnable by the member during the three consecutive years, or one year…
- § 21298 (a) A nonmember entitled to receive a retirement allowance shall receive a retirement allowance based on the service retirement formula applicable to the…
ARTICLE 3. Cost-of-Living Adjustments §§ 21310–21337.1 · 20 sections
- § 21310 It is the purpose of the Legislature in enacting this article to provide for the preservation of the purchasing power of benefits under the Public Employees’…
- § 21310.5 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…
- § 21311 The following definitions shall govern the application of this article: (a) “Monthly allowance” means any allowance payable monthly to a retired person, a…
- § 21312 Notwithstanding Section 20481, monthly allowances payable to persons retired under a local system of a contracting agency at the time of contract shall be…
- § 21313 Monthly allowances shall be adjusted annually for time commencing on April 1 and effective with the monthly allowance regularly payable on the first day of May…
- § 21317 (a) In addition to the increase of allowance authorized by and granted pursuant to Section 21313 and notwithstanding the limitation in subdivision (b) of…
- § 21318 (a) In addition to the increase of allowance authorized by and granted pursuant to Section 21313 and notwithstanding the limitation in subdivision (b) of…
- § 21319 (a) In addition to the increase of allowance authorized by and granted pursuant to Section 21313 and notwithstanding the limitation in subdivision (b) of…
- § 21320 (a) In addition to the increase in allowance authorized by and granted pursuant to Section 21313, and notwithstanding the limitation on such increases imposed…
- § 21322 Section 21320 shall apply to any contracting agency that has included the provisions of that section in its contract with the board on or before December 31,…
- § 21325 (a) In addition to the increase in allowance authorized by and granted pursuant to the provisions of Section 21313, and notwithstanding the limitation on those…
- § 21326 (a) In addition to the increase in allowance authorized by and granted pursuant to the provisions of Section 21313, and notwithstanding the limitation on those…
- § 21327 In addition to the increase in allowance authorized and granted pursuant to provisions of Section 21313, and notwithstanding the limitation on those increases…
- § 21328 (a) In addition to the increase in allowance authorized and granted pursuant to Section 21313, and notwithstanding the limitation on that increase imposed by…
- § 21329 The adjustments provided by this article are subject to the following limitations: (a) No adjustment shall be made for any year for which the adjustment is…
- § 21330 Notwithstanding anything to the contrary in this article, the monthly allowance for service credited under the Second Tier shall be adjusted annually beginning…
- § 21331 An adjustment in a monthly allowance under this article shall be derived from or credited to contributions of the employer, and if the monthly allowance is a…
- § 21335 Notwithstanding Section 21329, the adjustments in allowances for local members provided by this article for the time commencing on and after the annual…
- § 21337 (a) On an annual basis, the board shall transfer funds to separate supplemental state and school accounts, to fund the purchasing power protection allowance of…
- § 21337.1 (a) All monthly allowances paid by the system to retirees of contracting public agencies, and to survivors and beneficiaries of members and retirees of those…
ARTICLE 4. Retirement for Service §§ 21350–21390 · 45 sections
- § 21350 Upon retirement for service, a member is entitled to receive a service retirement allowance which shall consist of: (a) The member’s service retirement…
- § 21351 The actual amount of annuity receivable by a member upon retirement shall be the actuarial equivalent of his or her accumulated contributions.
- § 21352 The service retirement annuity is the sum of the annuities which are the actuarial equivalents of the normal and additional accumulated contributions of a…
- § 21353 (a) The combined current and prior service pensions for a local miscellaneous member, a school member, a state miscellaneous or state industrial member, or a…
- § 21353.5 The combined current and prior service pensions for a state miscellaneous or industrial member who has elected to be subject to the service retirement formula… see note
- § 21354 The combined current and prior service pensions for a local miscellaneous member is a pension derived from the contribution of the employer sufficient, when…
- § 21354.1 (a) The combined current and prior service pensions for school members, state miscellaneous or state industrial members, or university members who are subject…
- § 21354.3 (a) The combined current and prior service pensions for a local miscellaneous member is a pension derived from the contributions of the employer sufficient,…
- § 21354.4 (a) The combined current and prior service pensions for a local miscellaneous member is a pension derived from the contributions of the employer sufficient,…
- § 21354.5 (a) The combined current and prior service pensions for a local miscellaneous member is a pension derived from the contributions of the employer sufficient,…
- § 21355 Notwithstanding Sections 21353, 21354, and 21354.1, if the modification to the federal-state agreement occurred on or after July 1, 1971, whenever the fraction…
- § 21356 (a) A member who elects, pursuant to Article 1.7 (commencing with Section 19996.30) of Chapter 7 of Part 2.6 or pursuant to Sections 21110 through 21115, to…
- § 21357 (a) For a member reinstated from service retirement or partial service retirement, the current service pension, or current and prior service pensions, as the…
- § 21358 Notwithstanding Section 21357, the retirement allowance of a state member, other than a university member, payable upon retirement within one year of…
- § 21359 Notwithstanding Section 21357, in determining the method of calculation of subsequent retirement benefits for a university employee who, on the date of…
- § 21362 (a) The current service pension for patrol members and the combined current and prior service pensions for local safety members with respect to local safety…
- § 21362.2 (a) Upon attaining the age of 50 years or more, the combined current and prior service pension for state patrol members and for local safety members with…
- § 21362.3 (a) Notwithstanding subdivision (b) of Section 21362.2, for the California Highway Patrol Commissioner, with respect to service to all state employers under… see note
- § 21363 (a) The combined current and prior service pensions for state peace officer/firefighter members subject to this section with respect to state peace…
- § 21363.1 (a) The combined current and prior service pensions for state peace officer/firefighter members subject to this section with respect to state peace…
- § 21363.2 (a) This section shall apply only to patrol members in State Bargaining Unit 5. (b) Patrol members who were previously classified as peace officer/firefighter…
- § 21363.3 (a) The combined current and prior service pensions for state peace officer/firefighter members described in Section 20394 is a pension derived from the…
- § 21363.4 (a) Upon attaining the age of 50 years or more, the combined current and prior service pension for a state peace officer/firefighter member described in…
- § 21363.8 (a) Upon attaining the age of 50 years or more, the combined current and prior service pension for a state peace officer/firefighter member described in…
- § 21364 A contracting agency may elect to be subject to Section 21362, 21362.2, or 21363.1 with respect to only those local safety members who are local police…
- § 21365 If, pursuant to Chapter 10 (commencing with Section 3500) of Division 4 of Title 1, Kings County enters into a binding memorandum of understanding and agrees…
- § 21366 The combined prior and current service pensions for patrol members and local safety members, other than local safety members to whom Section 21362, 21368, or…
- § 21367 The fraction or percentage of final compensation, for purposes of calculating the combined prior and current service pensions under Section 21362 or 21366 for…
- § 21368 The combined current and prior service pensions for a local safety member who is an employee of a contracting agency that is subject to this section, is an…
- § 21369 (a) The combined prior and current service pension for a state safety member, and a local safety member with respect to service to a contracting agency subject…
- § 21369.1 (a) The combined current and prior service pensions for state safety members subject to this section with respect to state safety service that is subject to…
- § 21369.2 (a) The combined prior and current service pension for a state safety member, upon retirement after attaining the age of 55 years, is a pension derived from…
- § 21370 (a) The combined prior and current service pension for local safety members with respect to service to a contracting agency subject to this section, upon…
- § 21371 The combined current and prior service pensions, disability retirement allowance or continued allowance with respect to a retired member whose effective date…
- § 21372 The combined current and prior service pensions of a state safety member who on March 31, 1973, was a forestry member not subject to former Section 21252.3, as…
- § 21373 The combined current and prior service pensions for a state safety member who on March 31, 1973, was a law enforcement member not subject to Section 21369,…
- § 21374 The combined current and prior service pensions for a state safety member who on March 31, 1973, was a warden member shall be determined in accordance with…
- § 21375 Notwithstanding any other provision of law, and with respect only to an election by a contracting agency to amend its contract to become subject to Section…
- § 21376 Whenever a contracting agency amends its contract to become subject to Section 21370 instead of Section 21369, a member who previously elected, pursuant to…
- § 21380 If a state safety member retires for service before attaining age 55, or, in the case of the member who continues subject to the current and prior service…
- § 21381 (a) The retirement allowance referred to in this section excludes that portion of a member’s service retirement annuity that was purchased by his or her…
- § 21383 The prior service pensions for state members are derived from contributions of the state.
- § 21384 The prior service pension for local members is a pension derived from the contributions of the employing contracting agency if and as provided for in the…
- § 21385 The prior service pension of a member reinstated from service retirement, upon his or her subsequent service retirement, shall be in the same amount as his or…
- § 21390 Notwithstanding Sections 21362, 21362.2, 21363, 21363.1, 21369, 21370, and 21389, for local safety members who retire on or after January 1, 2002, and with…
ARTICLE 5. Disability Retirement Benefits §§ 21400–21432 · 27 sections
- § 21400 A safety member who retires on or after January 1, 2013, for industrial disability shall receive a disability retirement benefit equal to the greater of the…
- § 21404 Upon retirement for disability, a local miscellaneous member who is not subject to Section 21427 and who has attained the minimum age at which he or she may…
- § 21405 Upon retirement for nonindustrial disability, a local safety member who has attained the minimum age at which he or she may retire for service without an…
- § 21406 Upon retirement of a patrol member for industrial disability he or she shall receive a disability retirement allowance of 50 per cent of his or her final…
- § 21407 Upon retirement of a state peace officer/firefighter member or a local safety member subject to Section 21363, 21363.1, 21363.3, or 21363.4 for industrial…
- § 21408 Upon the industrial disability retirement of a state miscellaneous member subject to Section 21151, the disability allowance shall be 50 percent of his or her…
- § 21409 Upon the industrial disability retirement of a state miscellaneous member within Section 21151, or a state industrial member whose service is subject to…
- § 21410 Notwithstanding Sections 21406, 21407, 21408, 21409, and 21411, any state member who becomes subject to Section 21159 on or after January 1, 1993, and retires…
- § 21411 Upon retirement of a state safety member for industrial disability he or she shall receive a disability retirement allowance of 50 percent of his or her final…
- § 21412 Upon retirement of a state industrial member for industrial disability he or she shall receive a disability retirement allowance of 50 percent of his or her…
- § 21413 Upon retirement of a local safety member for industrial disability he or she shall receive a disability retirement allowance of 50 percent of his or her final…
- § 21414 Upon retirement of a local miscellaneous member for industrial disability, he or she shall receive a disability allowance of 50 percent of his or her final…
- § 21415 Notwithstanding any provision of this part to the contrary, a retired state safety or state peace officer/firefighter member who, before January 1, 1986, was…
- § 21416 Notwithstanding any provision of this part, a state safety member employed by the Department of Corrections or the Department of the Youth Authority with 25…
- § 21418 The disability retirement allowance for a patrol, state safety, state peace officer/firefighter, state industrial, or local safety member retired because of…
- § 21419 This system shall deduct the amount of advanced disability pension payments made to a local safety member pursuant to Section 4850.3 or 4850.4 of the Labor…
- § 21419.5 The system shall deduct the amount of interim disability allowance made to a state member pursuant to subdivision (i) of Section 19253.5 from the member’s…
- § 21420 If a member retired for industrial disability has made contributions in respect to service rendered in a category of membership other than the category in…
- § 21422 Every member retired for disability for whom a different disability retirement allowance is not prescribed by any other provision of this article, including a…
- § 21423 The disability retirement pension, other than an industrial disability retirement pension, for a member, other than a member who is subject to Section 21424 or…
- § 21424 The nonindustrial disability retirement pension for state miscellaneous or state industrial service subject to Section 21076 or 21076.5 shall be one of the…
- § 21426 In no event shall the disability retirement pension under Sections 21422 and 21423 be more than sufficient to make the disability retirement allowance,…
- § 21427 The disability retirement allowance of a local miscellaneous and local safety member whose effective date of retirement for nonindustrial disability is after…
- § 21428 Upon retirement of a local safety member or a local miscellaneous member for industrial disability, if the member is totally disabled he or she shall receive…
- § 21428.1 (a) Upon retirement of a patrol member for industrial disability as the result of a single event that results in serious bodily injury, the member shall…
- § 21430 Upon retirement of a local safety member for industrial disability, the member shall receive in lieu of the allowance otherwise provided by this article a…
- § 21432 If, prior to attaining the minimum age for voluntary retirement for service applicable to members of his or her class, a recipient of a disability retirement…
ARTICLE 6. Optional Settlements Prior to January 1, 2018 §§ 21450–21465 · 17 sections
- § 21450 This system shall provide to any member who requests materials relating to retirement, a written explanation of the effects, if any, of each possible decision…
- § 21451 In lieu of the retirement allowance for his or her life alone, a member or retired member may elect, or revoke or change a previous election prior to the…
- § 21452 The lesser retirement allowance under an optional settlement elected at retirement for law enforcement members whose retirement is effective prior to October…
- § 21453 An election, revocation, or change of election shall be made within 30 calendar days after the making of the first payment on account of any retirement…
- § 21454 Notwithstanding Section 21453, an election of optional settlement 2 or 3, or optional settlement 4 involving life contingency in which a spouse is designated…
- § 21455 Optional settlement 1 consists of the right to have a retirement allowance paid to the member until his or her death and if the member dies before he or she…
- § 21456 Optional settlement 2 consists of the right to have a retirement allowance paid to a member until his or her death and thereafter to his or her beneficiary for…
- § 21457 Optional settlement 3 consists of the right to have a retirement allowance paid to a member until his or her death, and thereafter to have one-half of his or…
- § 21458 Optional settlement 4 consists of such other benefits as are the actuarial equivalent of a member’s retirement allowance, that he or she may select subject to…
- § 21459 A member who elects to receive optional settlement 2 or 3 may concurrently and irrevocably elect to waive the provision for an increase to his or her allowance…
- § 21460 A member who elects to receive the unmodified allowance or optional settlement 1, or optional settlement 2, 3, or 4 with or without making the election…
- § 21461 (a) A member retiring for service may elect to have the actuarial equivalent of his or her unmodified service retirement allowance paid in two parts as…
- § 21461.5 (a) Notwithstanding Section 21461, a member retiring for service who became a member of the system on or after January 1, 2002, and who is covered under the…
- § 21462 (a) (1) Notwithstanding any other provision of this part, a member who elected to receive optional settlement 2, 3, or 4 at retirement, involving a life…
- § 21463 A member who elected to receive optional settlement 2 or 3 and whose beneficiary predeceases him or her, shall be entitled to receive the increased allowance…
- § 21464 Notwithstanding any provision of this part, a retired member who chose no optional settlement or optional settlement one at retirement and who marries after…
- § 21465 (a) Optional settlement 5 consists of a partial distribution of the actuarial present value of the portion, as specified in this section, of the member’s…
ARTICLE 7. Optional Settlements On and After January 1, 2018 §§ 21470–21483 · 18 sections
- § 21470 This system shall provide to any member who retires on or after January 1, 2018, and requests materials relating to retirement, a written explanation of the…
- § 21471 (a) The unmodified allowance consists of the right to have the maximum retirement allowance paid to a member until his or her death. There is no continuing…
- § 21471.1 (a) In lieu of electing the unmodified allowance, a member may elect to have the actuarial equivalent of his or her unmodified allowance as of the date of…
- § 21471.2 If a member elects an optional settlement that provides for a monthly allowance for his or her named beneficiary or beneficiaries, the combined allowance…
- § 21472 (a) An election, revocation, or change of election shall be made within 30 calendar days after the making of the first payment on account of any retirement…
- § 21473 (a) Notwithstanding Section 21472, the election of an optional settlement in Section 21475, 21475.5, 21476, 21476.5, or 21477 in which a spouse is designated…
- § 21474 (a) The Return of Remaining Contributions Option 1 consists of the right to have a retirement allowance paid to a member until his or her death and if he or…
- § 21475 (a) The 100 Percent Beneficiary Option 2 consists of the right to have a retirement allowance paid to a member until his or her death, and thereafter to have…
- § 21475.5 (a) The 100 Percent Beneficiary Option 2 with Benefit Allowance Increase consists of the right to have a retirement allowance paid to a member until his or her…
- § 21476 (a) The 50 Percent Beneficiary Option 3 consists of the right to have a retirement allowance paid to a member until his or her death, and thereafter to have…
- § 21476.5 (a) The 50 Percent Beneficiary Option 3 with Benefit Allowance Increase consists of the right to have a retirement allowance paid to a member until his or her…
- § 21477 (a) The Flexible Beneficiary Option 4 consists of the right to have a retirement allowance paid to a member until his or her death, and thereafter to have a…
- § 21478 (a) A member who elects to receive the unmodified allowance or the optional settlement in Section 21474, or the optional settlement in Section 21475, 21475.5,…
- § 21479 (a) A member retiring for service may elect to have the actuarial equivalent of his or her unmodified service retirement allowance paid in two parts as…
- § 21480 (a) Notwithstanding Section 21479, a member retiring for service who became a member of the system on or after January 1, 2002, and who is covered under the…
- § 21481 (a) (1) Notwithstanding any other provision of this part, a member who elected the optional settlement in Section 21475, 21475.5, 21476, 21476.5, or 21477 at…
- § 21482 (a) Notwithstanding any provision of this part, a retired member who chose no optional settlement or the optional settlement in Section 21474 at retirement and…
- § 21483 (a) Optional settlement 5 consists of a partial distribution of the actuarial present value of the portion, as specified in this section, of the member’s…