CHAPTER 1. General Provisions and Definitions
Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2.
§§ 20000–20085 · 94 sections
ARTICLE 1. General Provisions §§ 20000–20004 · 5 sections
- § 20000 This part may be cited as the Public Employees’ Retirement Law.
- § 20001 The purpose of this part is to effect economy and efficiency in the public service by providing a means whereby employees who become superannuated or otherwise…
- § 20002 The Public Employees’ Retirement System created by Chapter 700 of the Statutes of 1931, as amended, is continued in existence under this part. This system is a…
- § 20003 Unless the context otherwise requires, the definitions and general provisions set forth in this chapter govern the construction of this part.
- § 20004 (a) It is the intent of the Legislature, in enacting this section and amending this part, to comply with, and implement the provisions of, the California…
ARTICLE 2. Definitions §§ 20010–20071 · 88 sections
- § 20010 “Accumulated additional contributions” means the sum of all additional contributions standing to the credit of a member’s individual account, and interest…
- § 20011 “Accumulated contributions” means accumulated normal contributions plus any accumulated additional contributions standing to the credit of a member’s account.
- § 20012 “Accumulated normal contributions” means the sum of all normal contributions standing to the credit of a member’s individual account, and interest thereon.
- § 20013 “Actuarial equivalent” means a benefit of equal value when computed upon the basis of the mortality tables adopted and the actuarial interest rate fixed by the…
- § 20014 “Actuarial interest rate” means the interest rate fixed by the board for purposes of actuarial valuation of the assets and liabilities of this system.
- § 20015 “Actuary” means an actuary regularly employed on a full-time or part-time basis by the board.
- § 20016 “Additional contributions” means contributions made by members and their employers in addition to their normal contributions under Article 2 (commencing with…
- § 20017 “Annual interest rate” means the net earnings rate reduced by 110 basis points for purposes of crediting interest.
- § 20018 “Annuity” means payments for life derived from contributions made by a member.
- § 20019 “Beneficiary” means any person or corporation designated by a member, a retired member, or by statute to receive a benefit payable under this part, on account…
- § 20020 “Benefit” means the retirement allowance, basic death benefit, limited death benefit, special death benefit, any monthly allowance for survivors of a member or…
- § 20021 “Board” means the Board of Administration of the Public Employees’ Retirement System.
- § 20022 “Contracting agency” means any public agency that has elected to have all or any part of its employees become members of this system and that has contracted…
- § 20023 “County peace officer service” shall include service rendered in the sheriff’s office of a city and county in positions that were subsequently reclassified as…
- § 20023.5 “County retirement system” means a retirement system established under Chapter 3 (commencing with Section 31450) of Part 3 of Division 4 of Title 3, the County…
- § 20024 “Current service” means all state service rendered by a member on and after the date upon which he or she first became a member, service in employment while…
- § 20025 “Dependent,” in reference to any benefit provided, upon the death of a member, for a surviving dependent parent, or parent dependent upon the member for…
- § 20026 “Disability” and “incapacity for performance of duty” as a basis of retirement, mean disability of permanent or extended duration, which is expected to last at…
- § 20027 “Disability,” “disabled,” or “incapacitated” means, with respect to qualification for an allowance payable to a surviving child, inability to engage in any…
- § 20027.5 (a) “Electronic funds transfer” means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, that is…
- § 20028 “Employee” means all of the following: (a) Any person in the employ of the state, a county superintendent of schools, or the university whose compensation, or…
- § 20029 “Employee federal contributions” means those contributions required of employees under the federal system with respect to wages paid to individuals who perform…
- § 20030 “Employer” means the state, the university, a school employer, and any contracting agency employing an employee.
- § 20031 “Employer federal contributions” means those contributions required of employers under the federal system with respect to wages paid to individuals who perform…
- § 20032 “Federal-state agreement” means the agreement or any modification thereof executed by the board pursuant to Section 418 of Title 42 of the United States Code.
- § 20033 “Federal system” means the old age, survivors, disability, and health insurance provisions of the Social Security Act.
- § 20034 The highest annual average compensation during any consecutive 12- or 36-month period of employment as a member of any retirement system maintained by the…
- § 20035 (a) Notwithstanding Section 20037, “final compensation” for the purposes of determining any pension or benefit with respect to a state member who retires or…
- § 20035.2 Notwithstanding Sections 20035 and 20037, “final compensation,” for the purpose of determining any pension or benefit with respect to a patrol member who…
- § 20035.21 Notwithstanding Sections 20035 and 20037, “final compensation” for the purpose of determining any pension or benefit with respect to a patrol member who…
- § 20035.3 Notwithstanding Sections 20035 and 20037, “final compensation,” for the purpose of determining any pension or benefit with respect to a state miscellaneous or…
- § 20035.4 Notwithstanding Sections 20035 and 20037, “final compensation,” for the purpose of determining any pension or benefit with respect to a member who retires or…
- § 20035.5 Notwithstanding Section 20037, “final compensation” for the purposes of determining any pension or benefit with respect to a school member who retires or dies…
- § 20035.6 Notwithstanding Sections 20035 and 20037, “final compensation,” for the purpose of determining any pension or benefit with respect to a member who retires or…
- § 20035.9 (a) Notwithstanding Sections 20035 and 20037, “final compensation,” for the purpose of determining any pension or benefit with respect to a state miscellaneous…
- § 20035.10 (a) Notwithstanding Sections 20035 and 20037, “final compensation,” for the purpose of determining any pension or benefit with respect to a state miscellaneous…
- § 20035.11 (a) For purposes of this section, “pay letter” means the set of instructions issued by the Department of Human Resources to the Controller and other state…
- § 20036 In the computation of the disability retirement allowance payable upon the retirement of a member for industrial disability, final compensation shall be…
- § 20037 For a state member, or for a local member who is an employee of a contracting agency that is subject to this section, “final compensation” means the highest…
- § 20037.5 Notwithstanding Section 20035, “final compensation” for a state member who has elected to be subject to Section 21353.5, for the purposes of determining any…
- § 20037.6 (a) Notwithstanding Sections 20035 and 20037, final compensation for a person who is employed by the state for the first time and becomes a state member of the…
- § 20037.7 (a) Notwithstanding Sections 20035 and 20037, final compensation for a person who is employed by the state for the first time and becomes a state member of the…
- § 20037.8 (a) Notwithstanding Sections 20035 and 20037, final compensation for a person who is employed by the state for the first time and becomes a state member of the…
- § 20037.9 (a) Notwithstanding Sections 20035 and 20037, final compensation for a person who is employed by the state for the first time and becomes a state member of the…
- § 20037.10 (a) Notwithstanding Sections 20035 and 20037, final compensation for a person who is employed by the state for the first time and becomes a state member of the…
- § 20037.11 (a) Notwithstanding Sections 20035 and 20037, final compensation for a person who is employed by the state for the first time and becomes a state member of the…
- § 20037.12 (a) Notwithstanding Sections 20035 and 20037, final compensation for a person who is employed by the state for the first time and becomes a state member of the…
- § 20037.13 (a) Notwithstanding Sections 20035 and 20037, for the purposes of determining any pension or benefit with respect to benefits based on service with the state,…
- § 20037.14 (a) Notwithstanding Sections 20035 and 20037, final compensation for a person who is employed by the state for the first time and becomes a state member of the…
- § 20037.15 (a) Notwithstanding Sections 3517.8, 20035, and 20037, final compensation for a person who is employed for the first time and becomes a member of the system on…
- § 20039 Notwithstanding any other provision of this part, “final compensation” of a local member for the purpose of determining any pension or benefit resulting from…
- § 20039.5 Notwithstanding Article 5 (commencing with Section 20350) of Chapter 3, or any other provision of this part, “final compensation” for the purposes of…
- § 20040 Notwithstanding any other provision of this part, “final compensation,” for the purposes of determining any benefits payable under this part for coverage under…
- § 20042 On the election of a contracting agency, other than a county superintendent of schools with respect to a contract under Chapter 6 (commencing with Section…
- § 20044 “Fiscal year” is any year commencing on July 1st and ending with June 30th next following.
- § 20045 “Highway patrol service” means service rendered as a member of the California Highway Patrol, only while the member is receiving compensation from the state…
- § 20046 “Industrial,” in reference to the death or disability of any member of this system who is in a membership category under which special benefits are provided by…
- § 20046.5 “Industrial” with respect to state miscellaneous members also means death or disability on or after January 1, 1995, resulting from an injury that is a direct…
- § 20047 “Industrial” with respect to state miscellaneous members also means death or disability after January 1, 1993, resulting from an injury that is a direct…
- § 20047.5 “Industrial,” with respect to state miscellaneous members, means death or disability on or after January 1, 2002, or the date agreed to in the memorandum of…
- § 20048 “Industrial,” with respect to state industrial members, means death or disability resulting from an injury that is a direct consequence of a violent act…
- § 20049 “Labor policy or agreement” means any written policy, agreement, memorandum of understanding, legislative action of the elected or appointed body governing the…
- § 20050 “Local safety service” means state service rendered as a local firefighter, local police officer, county peace officer, local safety officer, or positions…
- § 20051 “Month,” except as otherwise expressly provided, means a period commencing on any day of a calendar month and extending through the day preceding the…
- § 20052 “Net earnings” means the earnings of the retirement fund less the amounts specified in Sections 20173 and 20174.
- § 20053 “Normal contributions” means contributions required to be paid by a member at the normal rates of contribution fixed by the law, by contract, or by contract…
- § 20054 “Pension” means payments for life derived from contributions made from employer controlled funds.
- § 20055 (a) “Prior service” as applied to a state member who while employed on a part-time basis became a member because of amendments of the laws governing this…
- § 20056 “Public agency” means any city, county, district, other local authority or public body of or within this state.
- § 20057 “Public agency” also includes the following: (a) The Commandant, Veterans’ Home of California, with respect to employees of the Veterans’ Home Exchange and…
- § 20057.1 To qualify as a “public agency” within the meaning of this part, any organization that qualifies under amendments to the definitions of “public agency”…
- § 20058 (a) “Retirement system” or “this system” means the Public Employees’ Retirement System. (b) As used in this code and in every other statute heretofore or…
- § 20059 “Regular interest” means interest at the annual interest rate for purposes of crediting of interest, compounded annually.
- § 20060 “Retirement” means the granting of a retirement allowance under this part.
- § 20061 “Retirement allowance” means the service retirement allowance or the disability retirement allowance.
- § 20062 “Retirement fund” means the Public Employees’ Retirement Fund continued in existence by this part.
- § 20062.5 “Risk pool” means the combination of assets and liabilities with respect to one or more contracting agencies for the purpose of pooling actuarial experience…
- § 20063 (a) “School employer” means a county superintendent of schools, other than the Los Angeles County Superintendent of Schools and the San Diego County…
- § 20064 “School safety service” includes service rendered as a school safety member in employment with a school district or community college district, as defined in…
- § 20065 An employee is “serving on a part-time basis” when he or she engages in his or her duties for less time than is required of employees serving on a full-time…
- § 20065.5 All references to “spouse,” “surviving spouse,” or “marriage” in this part apply equally to a domestic partner or domestic partnership, as defined in Section…
- § 20066 “State peace officer/firefighter service” means service rendered as a state peace officer/firefighter member only while receiving compensation for that…
- § 20067 “State peace officer/firefighter service,” with respect to a member who becomes a state peace officer/firefighter member pursuant to Section 20394, also…
- § 20068 (a) “State safety service” means service rendered as a state safety member only while receiving compensation for that service, except as provided in Article 4…
- § 20069 (a) “State service” means service rendered as an employee or officer (employed, appointed, or elected) of the state, the California Institute for Regenerative…
- § 20069.1 “Trial court” shall have the same meaning as the term is defined in the Trial Court Employment Protection and Governance Act (Chapter 7 (commencing with…
- § 20070 “1959 survivor allowance” means the allowance provided for in Sections 21571, 21572, 21573, 21574, 21574.5, and 21574.7.
- § 20071 “University” means the University of California and includes The Regents of the University of California as defined and authorized by Section 9 of Article IX…
ARTICLE 3. Penalties § 20085 · 1 section
- § 20085 (a) It is unlawful for a person to do any of the following: (1) Make, or cause to be made, any knowingly false material statement or material representation,…