CHAPTER 3. Membership in System

Chapter 3 added by Stats. 1995, Ch. 379, Sec. 2.

§§ 20280–20356 · 35 sections

1. ARTICLE 1. Compulsory Membership §§ 20280–20285 · 7 sections

   • § 20280 This article does not apply to persons expressly excluded from membership in this system by Article 2 (commencing with Section 20300) and Article 3 (commencing…
   • § 20281 All members of the retirement system immediately prior to the time this part becomes operative continue to be members of this system. An employee of a…
   • § 20281.5 (a) Notwithstanding Section 20281, a person who becomes a state miscellaneous member or state industrial member of the system on or after the effective date of…
   • § 20282 All officers, warrant officers, and enlisted persons who after October 1, 1961, are placed on full-time active duty with the office of the Adjutant General,…
   • § 20283 (a) Any employer that fails to enroll an employee into membership when he or she becomes eligible, or within 90 days thereof, when the employer knows or can…
   • § 20284 When any person who is an employee of the state within the meaning of Section 20028 is assigned to the performance of work for which his or her compensation is…
   • § 20285 Any employee, who was a state member in employment in a function at the time of the assumption of the function by a city and county and became a local member…
2. ARTICLE 2. Exclusions from Membership §§ 20300–20309.7 · 9 sections

   • § 20300 The following persons are excluded from membership in this system: (a) Inmates of state or public agency institutions who are allowed compensation for the…
   • § 20301 Except as otherwise provided in this section, any person who on October 1, 1963, is employed by the university, and is a member of any retirement system…
   • § 20303 (a) Persons who are members of any other retirement or pension system supported wholly or in part by funds of the United States government, any state…
   • § 20304 Notwithstanding Sections 20303 and 20894, nothing shall act to prohibit the receipt of credit in this system, nor the payment of benefits relating thereto, for…
   • § 20305 (a) An employee whose appointment or employment contract does not fix a term of full-time, continuous employment in excess of six months is excluded from this…
   • § 20306 (a) Notwithstanding paragraph (1) of subdivision (a) of Section 20305, an employee participating in this system, other than a local safety member, who is…
   • § 20309 (a) A member of the system described in subdivision (b) who subsequently is employed to perform service subject to coverage by the Defined Benefit Program of…
   • § 20309.5 (a) Any person who is a member of the Defined Benefit Program of the State Teachers’ Retirement Plan and who subsequently became employed, on or after July 1,…
   • § 20309.7 (a) A person who was employed by a school employer before January 1, 2018, in a position that includes activities that meet the definition of creditable…
3. ARTICLE 3. Optional Membership §§ 20320–20327 · 8 sections

   • § 20320 (a) A person directly appointed by the Governor, without the nomination of any officer or board, or directly appointed by the Attorney General, Lieutenant…
   • § 20321 Persons appointed to the office of the Adjutant General or Assistant Adjutant General after October 1, 1961, shall have rights to membership as provided in…
   • § 20322 (a) An elective officer is excluded from membership in this system unless the officer files with the board an election in writing to become a member. The…
   • § 20323 For the purposes of this section “veteran” means a member of the Veterans’ Home of California. Any veteran who is employed by the Veterans’ Home of California…
   • § 20324 (a) An employee of the Senate or the Assembly, or the respective committees thereof, whose salaries or wages are paid from the Senate Operating Fund or the…
   • § 20325 (a) A county superintendent of schools, a school district, a community college district, or a contracting agency, whose respective resolution or contract…
   • § 20326 (a) Notwithstanding Section 20305, officers, warrant officers, and enlisted personnel of the California National Guard who are not members pursuant to Section…
   • § 20327 (a) Notwithstanding any other provision of this part, a National Guard member may, at any time and on a prospective basis, cancel his or her election of…
4. ARTICLE 4. Termination of Membership §§ 20340–20343 · 4 sections

   • § 20340 A person ceases to be a member: (a) Upon retirement, except while participating in reduced worktime for partial service retirement. (b) If he or she is paid…
   • § 20341 When any state member is charged by indictment with the commission of any felony involving the accepting or giving, or offering to accept or give, any bribe,…
   • § 20342 Until his or her return to state service any member absent on military service may resign from this system.
   • § 20343 Notwithstanding Section 21259, a person ceases to be a member for any portion of his or her service as an elected public officer that is forfeited pursuant to…
5. ARTICLE 5. Reciprocity §§ 20350–20356 · 7 sections

   • § 20350 Notwithstanding Section 20638, if a member on deferred retirement from this system is eligible to retire for service from a reciprocal retirement system and…
   • § 20351 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…
   • § 20352 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…
   • § 20353 Any public agency that has pursuant to the provisions of Section 20351 entered into an agreement to establish a reciprocal retirement system with this system…
   • § 20354 The provisions of this part extending rights to a member of this system by reason of his or her membership in a county retirement system shall also apply to…
   • § 20355 Wherever in this part the rights of a member, because of membership in another retirement system, are conditioned upon employment within 90 days of termination…
   • § 20356 Whenever in this part the rights of a local member, because of membership in another retirement system, are conditioned upon employment within six months of…