CHAPTER 5. Contract Members of System

Chapter 5 added by Stats. 1995, Ch. 379, Sec. 2.

§§ 20460–20593 · 97 sections

1. ARTICLE 1. General Provisions §§ 20460–20487 · 32 sections

   • § 20460 (a) Any public agency may participate in this system by contract entered into between its governing body and the board pursuant to this part. However, a public…
   • § 20460.1 (a) Except as provided in subdivision (d), for all counties that contract with the board for the provision of retirement benefits for their eligible employees…
   • § 20461 The board may refuse to contract with, or to agree to an amendment proposed by, any public agency for any benefit provisions that are not specifically…
   • § 20462 The governing body of a public agency that has established a pension trust or retirement plan funded by individual or group life insurance or annuity contracts…
   • § 20463 (a) The governing body of a public agency, or an employee organization, recognized under Chapter 10 (commencing with Section 3500) of Division 4 of Title 1,…
   • § 20465 (a) On request of the board, the public agency shall furnish data concerning its employees as the board requires to make the necessary valuations and…
   • § 20466 The approximate contribution quoted by the board and the actual contribution to be made if a contract results shall be determined by actuarial valuations by…
   • § 20467 Notwithstanding Section 20466, the approximate contribution quoted by the board and the actual contributions for a contracting agency that is an employer for…
   • § 20468 The approximate and actual contributions are similar to premiums under insurance policies. The approximate contribution quoted by the board to the public…
   • § 20469 If after receiving the approximate contribution quotation the governing body intends to approve the proposed contract, it shall adopt a resolution giving…
   • § 20469.1 (a) Notwithstanding 20469, if after receiving the approximate contribution quotation the governing body of a county and the presiding officer of a trial court…
   • § 20470 The governing body shall not include in this system any group if a majority of its members voted to disapprove the proposed plan or if two-thirds of those of…
   • § 20471 Approval of the contract shall be by ordinance adopted by the affirmative vote of a majority of the members of the governing body, not less than 20 days after…
   • § 20471.1 Notwithstanding Section 20471, and except as provided in subdivision (b) of Section 20469.1, approval of a proposed joint contract by a trial court and county…
   • § 20471.2 (a) A county and a trial court that elect to separate the joint contract into individual contracts shall do so by ordinances or resolutions adopted by both the…
   • § 20472 Errors in any contract may be corrected through amendments approved by the adoption of suitable resolutions by the contracting parties. Excluded employees may…
   • § 20473 Investigations and valuations necessary to adjust the agency’s contributions on account of changed benefits or conditions of retirement shall be made in the…
   • § 20474 Whenever by any provision of law an election is given to contracting agencies to subject themselves and their employees to provisions of this part otherwise…
   • § 20475 Notwithstanding Section 20474, a contracting agency may amend its contract or previous amendments to its contract, without election among its employees, to…
   • § 20476 Whenever any provision of this part requires action by ordinance, action by resolution is authorized, except with respect to cities and counties, if the…
   • § 20477 If the head of a public agency is an individual, rather than a board or other governing body, all actions required or permitted by this part to be taken by…
   • § 20478 Notwithstanding any other provision of this part, the board of directors of a metropolitan water district, or the governing body of any other public agency,…
   • § 20479 Notwithstanding any other provision of law, including, but not limited to, Chapter 10 (commencing with Section 3500) of Division 4 of Title 1, no contract or…
   • § 20479.5 Notwithstanding Section 20479, where a memorandum of understanding entered prior to August 11, 1988, provided a different retirement benefit formula for a…
   • § 20480 (a) An out-of-class appointment by a contracting agency employer or a school employer shall not exceed a total of 960 hours in each fiscal year. (b) A…
   • § 20481 All members of a local system included by contract in this system thereupon become subject to this part and cease to be members of the local system. Payments…
   • § 20482 Subject to the approval of the board as in the case of all other employees, the contracting agency may elect to continue the local system and to place under…
   • § 20483 If all members of the local system become members of this system, the operation of the local system shall be discontinued as of the date provided for in the…
   • § 20484 Notwithstanding Section 20483, if a member of a local system, which is also a reciprocal system pursuant to Section 20351, elects to join this system as…
   • § 20485 It is the intent of the Legislature that contracting agencies in conjunction with recognized local employee organizations, develop alternative retirement plans…
   • § 20486 (a) Notwithstanding Section 20484, a contracting agency that continued the local system for members who elected to become members of this system prospectively…
   • § 20487 Notwithstanding any other provision of law, no contracting agency or public agency that becomes the subject of a case under the bankruptcy provisions of…
2. ARTICLE 2. Contract Provisions §§ 20500–20516.5 · 21 sections

   • § 20500 The contract may include any provisions consistent with this part and necessary in the administration of this system as it affects the public agency and its…
   • § 20501 Contracts with school employers may include school district employees in this system only with respect to service rendered in a status in which they are not…
   • § 20502 (a) (1) The initial contract shall include in this system all firefighters, police officers, county peace officers, local sheriffs, and other employees of the…
   • § 20503 Notwithstanding Section 20055, a contracting agency may amend its contract to remove exclusions prospectively only, and without creating liability for prior…
   • § 20504 Notwithstanding Section 20055, a contracting agency, which is a reciprocal system pursuant to Section 20351, may amend its contract to remove an exclusion of…
   • § 20505 Notwithstanding any other provision of law, every employee who enters or reenters service with a contracting agency on and after January 1, 1992, shall…
   • § 20506 Any contract heretofore or hereafter entered into shall subject the contracting agency and its employees to all provisions of this part and all amendments…
   • § 20507 A contracting agency whose contract is effective on and after January 1, 1974, that does not become an employer for purposes of Chapter 9 (commencing with…
   • § 20508 When a contracting agency is succeeded by another agency, whether or not the former agency ceases to exist, or when the functions of a contracting agency are…
   • § 20508.3 A successor agency, pursuant to Section 20508, for the El Dorado County Fire Protection District and the Diamond Springs-El Dorado Fire Protection District may…
   • § 20508.4 A successor agency, pursuant to Section 20508, for the Humboldt No. 1 Fire Protection District and City of Eureka Fire Department may provide employees the…
   • § 20508.5 On and after June 30, 2020, a successor agency, pursuant to Section 20508, for the Central Fire Protection District and the Aptos/La Selva Fire Protection…
   • § 20509 When a school district ceases to exist and is succeeded by, or the territory thereof is attached to, another school district that is a contracting agency, the…
   • § 20510 When a hospital becomes a contracting agency pursuant to subdivision (p) of Section 20057, the contract shall be construed as a continuation of the city’s…
   • § 20511 Notwithstanding this article or Article 5 (commencing with Section 20570), when all or a portion of one agency’s contract is merged into that of another, the…
   • § 20512 Whenever in this part an election is given to contracting agencies to subject themselves and their employees to provisions of this part otherwise not…
   • § 20513 Notwithstanding the election given in Section 20514 to contracting agencies, whether to subject themselves and their employees thereto, the contract of school…
   • § 20514 If the effective date of coverage under the federal system of members who are employees of a contracting agency under this system is prior to the time employee…
   • § 20515 (a) A contracting agency that has included this section in its contract with the board, by express provision or by amendment, on or before December 31, 2001,…
   • § 20516 (a) Notwithstanding any other provision of this part, with or without a change in benefits, a contracting agency and its employees may agree, in writing, to…
   • § 20516.5 (a) Equal sharing of normal costs between a contracting agency or school employer and their employees shall be the standard. It shall be the standard that…
3. ARTICLE 3. Contracting Agency Financial Obligations §§ 20530–20538 · 10 sections

   • § 20530 Any cash and securities to the credit of the local system and held on account of persons who become members of this system shall be transferred to this system,…
   • § 20530.1 (a) An agency whose contract provides for participation of its employees in this system may request the employees’ service, with the contracting agency, prior…
   • § 20531 (a) Shares of members in the funds of a local employer shall be credited to the respective individual accounts of the local agency members who have been…
   • § 20532 The contracting agency shall make the contribution for its employees in this system, as recommended by the actuary and approved by the board and certified by…
   • § 20533 The employer contribution rate adopted under this part, or because of amendments to the contract or to this part, apply to all compensation upon the basis of…
   • § 20534 The board may make arrangements with any contracting agency for the payment of the prior service liability on terms that its financial condition will permit.
   • § 20535 The expense of determining initially the approximate and actual contributions, with respect to its employees, shall be assessed against and paid by the public…
   • § 20536 (a) The board may include each year in the contribution required of the contracting agency a reasonable amount, which may differ from agency to agency, to…
   • § 20537 The board may charge interest on the amount of any payment due and unpaid by a contracting agency until payment is received. Interest shall be charged at a…
   • § 20538 (a) All amounts due to the retirement system by a contracting agency under this part shall be paid through an electronic funds transfer method prescribed by…
4. ARTICLE 4. Alternative Supplemental Service Retirement Plans for Local Miscellaneous Members of Riverside County §§ 20550–20556 · 7 sections

   • § 20550 Notwithstanding any provision of this chapter, Riverside County may, after executing an agreement therefor, separate and apart from Chapter 10 (commencing with…
   • § 20551 A person who becomes a local miscellaneous member of a contracting agency on or after the effective date of the agency’s contract to be subject to this article…
   • § 20552 The combined current and prior service pensions for a local miscellaneous member whose service is subject to this article is a pension derived from the…
   • § 20553 The combined current and prior service pensions for a local miscellaneous member whose service is subject to this section is a pension derived from the…
   • § 20554 Notwithstanding any provision of Chapter 8 (commencing with Section 20670), the normal rate of contribution for a local miscellaneous member subject to Section…
   • § 20555 (a) The normal rate of contribution for a local miscellaneous member subject to Section 20553 whose service is not included in the federal system shall be 8.25…
   • § 20556 The employer contribution rate of a contracting agency subject to this article shall not be reduced because of concurrent coverage of social security.
5. ARTICLE 5. Termination of Contracts §§ 20570–20593 · 27 sections

   • § 20570 (a) (1) If the contract has been in effect for at least five years and was approved by an ordinance or resolution adopted by the governing body of the…
   • § 20571 (a) If the contract has been in effect for at least five years and was approved by an ordinance adopted by a majority vote of the electorate, termination by…
   • § 20571.5 Notwithstanding any other provision of this article, the board may enter into an agreement with the governing body of a contracting agency for the termination…
   • § 20572 (a) If a contracting agency fails for 30 days after demand by the board to pay in full any installment of contributions required by its contract, or fails for…
   • § 20573 Notwithstanding any other provision of law, the board may negotiate with the governing board of the terminating agency, or the governing board of any agency or…
   • § 20574 A terminated agency shall be liable to the system for any deficit in funding for earned benefits, as determined pursuant to Section 20577, interest at the…
   • § 20574.1 In lieu of the procedure set forth in Section 20574, all parties to a terminating agency that was formed by an agreement under Chapter 5 (commencing with…
   • § 20575 (a) Notwithstanding any other provision of this part to the contrary, upon request of a terminating agency, the board shall enter into an agreement with the…
   • § 20576 (a) Upon the termination of a contract, the board shall hold for the benefit of the members of this system who are credited with service rendered as employees…
   • § 20577 If, at the date of termination, the sum of the accumulated contributions credited to, or held as having been made by, the contracting agency and the…
   • § 20577.5 The board shall, prior to exercising authority granted pursuant to Section 20577, and to the extent consistent with its fiduciary duties, consider and exhaust…
   • § 20578 (a) Except as provided in subdivision (b), on and after January 1, 1991, the rights and benefits of a former employee of a contracting agency which terminated…
   • § 20579 For purposes of Sections 20576 and 20577 in the case of a contracting agency that is an employer for purposes of Chapter 9 (commencing with Section 20790), the…
   • § 20580 Upon the termination of a contract, all memberships in this system existing because of that contract continue in existence to the extent that there are…
   • § 20581 If a public agency that terminated its contract enters into a contract for participation in this system, the contract may provide for increase in benefits of…
   • § 20582 Any event occurring on or after the date on which termination of a contract becomes effective shall not be considered in determining the right of any member to…
   • § 20583 The right to a retirement allowance, of a person who had retired prior to the effective date of the termination of a contract, or who has qualified and applied…
   • § 20584 The board may postpone the payment of any amount due a contracting agency on termination of a contract if payment would require the sale of securities, that,…
   • § 20585 (a) Notwithstanding any other provision of this article, the board may enter into an agreement with the governing body of a contracting agency whose contract…
   • § 20586 The board may enter into an agreement in accordance with Section 20585 for termination of a contract that has been in effect for at least five years with…
   • § 20587 The board may enter into an agreement in accordance with Section 20585 for termination of a contract that has been in effect for at least five years with…
   • § 20588 (a) Notwithstanding any other provision of this article, the board may, pursuant to this section and Section 31657, enter into an agreement with the board of…
   • § 20589 (a) Notwithstanding any other provision of this article, the board may enter into an agreement with the board of retirement of the San Francisco City and…
   • § 20590 (a) Notwithstanding any other provision of this article, the board may enter into an agreement with the governing body of a contracting agency, other than a…
   • § 20591 Notwithstanding any other provision of this article, the board may enter into an agreement in accordance with Section 20590 with the governing body of a…
   • § 20592 Notwithstanding any other provision of law, when all or part of an employer’s function is transferred to an entity that is not an employer, the board may, by…
   • § 20593 Notwithstanding any other provision of law, when the management of a health district is assumed by the governing body of San Joaquin County, the contract shall…