Cal. Gov. Code § 21354.1

Current through the 2024 Legislative Session.

Section 21354.1 - Combine current and prior service pensions for school, state miscellaneous or state industrial members

(a) The combined current and prior service pensions for school members, state miscellaneous or state industrial members, or university members who are subject to the provisions of this section 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 a school member, state miscellaneous or state industrial member, or university member or service covered under this retirement formula with which the member is entitled to be credited at retirement:

Age at
retirement	Fraction
50 ........................	0.550
501/4 ........................	0.573
501/2 ........................	0.595
503/4 ........................	0.618
51 ........................	0.640
511/4 ........................	0.663
511/2 ........................	0.685
513/4 ........................	0.708
52 ........................	0.730
521/4 ........................	0.753
521/2 ........................	0.775
523/4 ........................	0.798
53 ........................	0.820
531/4 ........................	0.843
531/2 ........................	0.865
533/4 ........................	0.888
54 ........................	0.910
541/4 ........................	0.933
541/2 ........................	0.955
543/4 ........................	0.978
55 ........................	1.000
551/4 ........................	1.008
551/2 ........................	1.016
553/4 ........................	1.024
56 ........................	1.032
561/4 ........................	1.040
561/2 ........................	1.048
563/4 ........................	1.055
57 ........................	1.063
571/4 ........................	1.071
571/2 ........................	1.079
573/4 ........................	1.086
58 ........................	1.094
581/4 ........................	1.102
581/2 ........................	1.110
583/4 ........................	1.118
59 ........................	1.125
591/4 ........................	1.134
591/2 ........................	1.141
593/4 ........................	1.149
60 ........................	1.157
601/4 ........................	1.165
601/2 ........................	1.173
603/4 ........................	1.180
61 ........................	1.188
611/4 ........................	1.196
611/2 ........................	1.203
613/4 ........................	1.211
62 ........................	1.219
621/4 ........................	1.227
621/2 ........................	1.235
623/4 ........................	1.243
63 and over ........................	1.250

(b) The fraction 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 subdivision shall not apply to school members whose service is included in the federal system with respect to service performed on or after January 1, 2001.

(c) This section shall supersede Section 21353 for all school members, all university members, and all state miscellaneous members, with respect to service rendered for the California State University or the legislative or judicial branch of government, who retire on or after January 1, 2000.

(d) This section shall also supersede Section 21353 for state miscellaneous or state industrial members, for service not subject to subdivision (c), who are employed by the state on or after January 1, 2000, and who do not elect under Section 21070.5 to be subject to Second Tier benefits.

(e) Operation and application of this section are subject to the limitations set forth in Section 21251.13.

(f) Notwithstanding any other provision of this section, this section shall not 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.

(g) Notwithstanding any other provision of this section, this section shall not 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.

(h)

(1) Notwithstanding Section 3517.8 or any provision of an expired memorandum of understanding, or any other provision of this section, this section shall not 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.

Ca. Gov. Code § 21354.1

Amended by Stats 2012 ch 665 (SB 1308),s 134, eff. 1/1/2013.

Amended by Stats 2010 ch 163 (AB 1592),s 17, eff. 8/23/2010.

Amended by Stats 2010 ch 162 (SB 846),s 17, eff. 8/23/2010.

Amended by Stats 2000 ch 1030 (AB 2177), s 9, eff. 1/1/2001.

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