Cal. Gov. Code § 21366

Current through the 2024 Legislative Session.
Section 21366 - Combined prior and current pensions of patrol and local safety members upon retirement at or after age 55

The combined prior and current service pensions for patrol members and local safety members, other than local safety members to whom Section 21362, 21368, or 21369 applies, upon retirement at or after age 55 is a pension derived from contributions of the employer that, when added to that portion of the service retirement annuity that is derived from the accumulated normal contributions of the member, shall equal a percentage of his or her final compensation, multiplied by the number of years of patrol, fire, police, or county peace officer service, the percentage to be 21/2 or, if less, the percentage obtained by division of 50 percent by the difference between age 55 and the member's age at his or her birthday nearest to the date of his or her first entry into any service to which this section, former Section 21252.10, as amended by Chapter 1657 of the Statutes of 1971, or former Section 21252.2, as amended by Chapter 752 of the Statutes of 1969, prior to their repeal by Chapter 1098 of the Statutes of 1972 applied, whether or not the service is credited at retirement, increased, as to service following an absence from employment to which any of those sections applies, by the number of completed years of the absence. Any member entering that service at or after age 55 shall be deemed, for purposes of this section, to have entered the service at age 54.

Upon retirement for service prior to attaining age 55, the percentage of final compensation payable for each year of credited service that is subject to this section shall be the product of the percentage that would become payable at age 55 or, if greater, the age at which the member would complete 20 years of service under Section 21366 were he or she to continue in employment, multiplied by the factor set forth in the following table for his or her actual age at retirement:

If retirement occurs at age:

The percent for each year of credited service is:

50 ........................

0.713

501/4 ........................

0.725

501/2 ........................

0.737

503/4 ........................

0.749

51 ........................

0.761

511/4 ........................

0.775

511/2 ........................

0.788

513/4 ........................

0.801

52 ........................

0.814

521/4 ........................

0.828

521/2 ........................

0.843

523/4 ........................

0.857

53 ........................

0.871

531/4 ........................

0.886

531/2 ........................

0.902

533/4 ........................

0.917

54 ........................

0.933

541/4 ........................

0.950

541/2 ........................

0.966

543/4 ........................

0.983

The amendment to this section by Chapter 941 of the Statutes of 1968 shall apply only to those members retiring on and after December 1, 1968. Current and prior service pensions of those members retired prior to December 1, 1968 shall be continued in accordance with the provisions of this part as they existed on November 30, 1968.

This section shall not apply to any local safety member in the employ of an employer not subject to this section on March 4, 1972.

Ca. Gov. Code § 21366

Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.