Cal. Gov. Code § 21353

Current through the 2024 Legislative Session.

Section 21353 - Combined current and prior service pensions for local miscellaneous, school, state miscellaneous or state industrial member

(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 university member is a pension derived from the contributions of the employer sufficient, when added to the service retirement annuity that is derived from the accumulated normal contributions of the member at the date of retirement, to equal the fraction of one-fiftieth of the member's final compensation set forth opposite the member's age at retirement, taken to the preceding completed quarter year, in the following table, multiplied by the number of years of current and prior service except service in a category of membership other than that of state or state industrial member, local miscellaneous member, school member, or a university member, or service covered under this First Tier retirement formula, with which the member is entitled to be credited at retirement:

Age of
Retirement	Fraction
50 ........................	.546
501/4 ........................	.554
501/2 ........................	.562
503/4 ........................	.570
51 ........................	.578
511/4 ........................	.586
511/2 ........................	.595
513/4 ........................	.603
52 ........................	.612
521/4 ........................	.621
521/2 ........................	.630
523/4 ........................	.639
53 ........................	.648
531/4 ........................	.658
531/2 ........................	.668
533/4 ........................	.678
54 ........................	.688
541/4 ........................	.698
541/2 ........................	.709
543/4 ........................	.719
55 ........................	.730
551/4 ........................	.741
551/2 ........................	.753
553/4 ........................	.764
56 ........................	.776
561/4 ........................	.788
561/2 ........................	.800
563/4 ........................	.813
57 ........................	.825
571/4 ........................	.839
571/2 ........................	.852
573/4 ........................	.865
58 ........................	.879
581/4 ........................	.893
581/2 ........................	.908
583/4 ........................	.923
59 ........................	.937
591/4 ........................	.953
591/2 ........................	.969
593/4 ........................	.985
60 ........................	1.000
601/4 ........................	1.017
601/2 ........................	1.034
603/4 ........................	1.050
61 ........................	1.067
611/4 ........................	1.084
611/2 ........................	1.101
613/4 ........................	1.119
62 ........................	1.136
621/4 ........................	1.154
621/2 ........................	1.173
623/4 ........................	1.191
63 and over ........................	1.209

(b) The fractions specified in the above table shall be reduced by one-third as applied to that part of final compensation that does not exceed four hundred dollars ($400) per month for all service of a member any of whose service has been included in the federal system. This reduction shall not apply to a member employed by a contracting agency that enters into a contract after July 1, 1971, and elects not to be subject to this paragraph or with respect to service rendered after the termination of coverage under the federal system with respect to the coverage group to which the member belongs.

(c) The improved retirement allowance provided by this section is granted subject to future reduction prior to a member's retirement, by offset of federal system benefits or otherwise, as the Legislature may from time to time deem appropriate because of changes in the federal system benefits.

(d) With the exception of state miscellaneous members for service rendered for the California State University or the legislative or judicial branch of government, this section shall apply to state miscellaneous and state industrial members who are not employed by the state on or after January 1, 2000.

(e)

(1) This section shall apply to a state miscellaneous or industrial member who is employed by the state for the first time and becomes a state miscellaneous or industrial member of the system on or after the first day of the pay period following the effective date of the act adding this subdivision, and is represented by State Bargaining Unit 12, 16, 18, or 19. With respect to related state miscellaneous or industrial members in managerial, supervisory, or confidential positions and officers or employees of the executive branch of state government who are not members of the civil service, the Director of Human Resources may exercise his or her discretion whether to approve their status in writing to the board.

(2) This subdivision does not apply to:

(A) Former state employees previously employed before the first day of the pay period following the effective date of this subdivision, who return to state employment on or after the first day of the pay period following the effective date of this subdivision.

(B) State employees hired prior to the first day of the pay period following the effective date of this subdivision, who were subject to Section 20281.5 during the first 24 months of state employment.

(C) State employees hired prior to the first day of the pay period following the effective date of this subdivision, who become subject to representation by State Bargaining Unit 12, 16, 18, or 19 on or after the first day of the pay period following the effective date of the act adding this subdivision.

(D) State employees on an approved leave of absence employed before the first day of the pay period following the effective date of this subdivision, who return to active employment on or after the first day of the pay period following the effective date of the act adding this subdivision.

(f)

(1) This section shall apply to a state miscellaneous or industrial member who is employed by the state for the first time and becomes a state miscellaneous or industrial member of the system on or after October 31, 2010, and is represented by State Bargaining Unit 5 or 8. With respect to related state miscellaneous or industrial members in managerial, supervisory, or confidential positions and officers or employees of the executive branch of state government who are not members of the civil service, the Director of Human Resources may exercise his or her discretion whether to approve their status in writing to the board.

(2) This subdivision does not apply to:

(A) Former state employees previously employed before October 31, 2010, who return to state employment on or after October 31, 2010.

(B) State employees hired prior to October 31, 2010, who were subject to Section 20281.5 during the first 24 months of state employment.

(C) State employees hired prior to October 31, 2010, who become subject to representation by State Bargaining Unit 5 or 8 on or after October 31, 2010.

(D) State employees on an approved leave of absence employed before October 1, 2010, who return to active employment on or after October 31, 2010.

(g)

(1) Notwithstanding Section 3517.8 or any provision of an expired memorandum of understanding, this section shall also apply to a state miscellaneous or industrial member who is employed by the state, the Legislature, the judicial branch, or the California State University for the first time and becomes a member of the system on or after January 15, 2011.

(2) If this subdivision is in conflict with a memorandum of understanding that is current and in effect on January 15, 2011, the memorandum of understanding shall be controlling while it remains in effect. Upon expiration of the memorandum of understanding that is in effect and current on January 15, 2011, this section shall be controlling and may not be superseded by a subsequent memorandum of understanding.

(3) This subdivision does not apply to:

(A) Former state, legislative, judicial branch, or university employees previously employed before January 15, 2011, who return to employment on or after January 15, 2011, and who were not previously subject to this section.

(B) State employees hired prior to January 15, 2011, who were subject to Section 20281.5 during the first 24 months of state employment, and who were not previously subject to this section.

(C) State, legislative, judicial branch, or university employees on an approved leave of absence employed before January 15, 2011, who return to active employment on or after January 15, 2011, and who were not previously subject to this section.

Ca. Gov. Code § 21353

Amended by Stats 2012 ch 665 (SB 1308),s 133, eff. 1/1/2013.

Amended by Stats 2010 ch 163 (AB 1592),s 16, eff. 8/23/2010.

Amended by Stats 2010 ch 162 (SB 846),s 16, eff. 8/23/2010.

Amended by Stats 2001 ch 21 (SB 54), s 13, eff. 6/25/2001.

Previously Amended September 29, 1999 (Bill Number: SB 400) (Chapter 555).

See Stats 2001 ch 21 (SB 54), s 37.