Bill Text – AB-1824 Public employees' retirement. – California Legislative Information

24602.

 The board may establish a special account and procedures to pay, on an emergency basis, allowances, death payments payments, and up to 75 percent of the return of the balance of the accumulated retirement contributions as a result of termination of employment or death. Disbursements under the special account shall be by checks issued by the system and subject to the auditing requirements of the Controller. Payments under the special account shall be deducted from allowances, death benefits, and payment of accumulated retirement contributions, otherwise due.

26113.

 (a) “Creditable service” means any of the activities described in subdivision (b) performed for any of the following employers:

(1) A prekindergarten through grade 12 employer in a position with certification qualifications authorized by the Commission on Teacher Credentialing pursuant to Section 44001.
(2) A community college employer by a faculty member, as defined in Section 87003, in an academic position, as defined in subdivision (b) of Section 87001, or by an educational administrator, as defined in subdivision (b) of Section 87002, subject to the appropriate minimum standards adopted by the Board of Governors of the California Community Colleges pursuant to Section 87356, or pursuant to a contract between a community college district and the United States Department of Defense to provide vocational training.
(3) A charter school employer under the provisions of an approved charter for the operation of a charter school for which the charter school is eligible to receive state apportionment.
(b) The types of activities are any of the following:
(1) The work of teachers, instructors, district interns, and academic employees employed in the instructional program for pupils, including special programs such as adult education, regional occupational programs, child care centers, and prekindergarten programs pursuant to Section 22161.
(2) Education or vocational counseling, guidance, and placement services.
(3) The work of employees who plan courses of study to be used in California public schools, or research connected with the evaluation or efficiency of the instructional program.
(4) The selection, collection, preparation, classification, demonstration, or evaluation of instructional materials of any course of study for use in the development of the instructional program in California public schools, or other services related to California public school curriculum.
(5) The examination, selection, in-service training, mentoring, or assignment of teachers, principals, or other similar personnel involved in the instructional program.
(6) The work of nurses, physicians, speech therapists, psychologists, audiologists, and other California public school health professionals.
(7) Services as a California public school librarian.
(8) Activities connected with the enforcement of the laws relating to compulsory education, coordination of child welfare activities involving the school and the home, and the school adjustment of pupils.
(9) The work of employees who are responsible for the supervision of persons or administration of the duties described in this subdivision.

(10)Trustee service as described in Section 26403.

(c) “Creditable service” also means any of the activities described in subdivision (b) when they are performed for an employer by:
(1) Superintendents of California public schools, and presidents and chancellors of community college employers.
(2) Consulting teachers employed by an employer to participate in the California Peer Assistance and Review Program for Teachers pursuant to Article 4.5 (commencing with Section 44500) of Chapter 3 of Part 25 of Division 3 of Title 2.
(3) Audiometrists who hold a certificate of registration issued by the State Department of Health Care Services.
(d) “Creditable service” also means the performance of California public school activities related to, and an outgrowth of, the instructional and guidance program of the California public school when performed for the same employer for which the member is performing any of the activities described in subdivision (b) or (c).

(e) “Creditable service” also means trustee service as defined in Section 26144.5, if eligible pursuant to Section 26403.

(e)

(f) The board shall have final authority for determining creditable service to cover activities not already specified.

(10)Trustee service as described in Section 26403.
(e)

26803.

 (a) All creditable service subject to coverage by the Cash Balance Benefit Program and all service with the participant’s last employer or employers that is creditable under the Defined Benefit Program Program, which does not include retired member activities as defined in Section 22164.5 or retired participant activities as defined in Section 26135.7, shall be terminated prior to the retirement date.

(b) All employers with which the participant is employed to perform creditable service subject to coverage by the plan shall certify in a format prescribed by the system that the participant’s employment has been terminated unless the employment was terminated 12 months or more prior to the participant’s retirement date.

27100.

 A participant may at any time designate or change the designation of one or more primary beneficiaries and one or more contingent beneficiaries to receive any lump-sum death benefit that may be payable under the plan. The beneficiary for the lump-sum death benefit under this part may be a person, trust, or the estate of the participant. The beneficiary shall be designated on a form prescribed by the system that is received in the system’s headquarters office by the system before the participant’s death.

27100.5.

 A corporation, trust, charitable organization, parochial institution, or public entity may be designated as a beneficiary under this part, but shall not be designated as an annuity beneficiary, except a trust as defined in Section 26106.5.

27201.

 (a) All creditable service subject to coverage by the Cash Balance Benefit Program and all service with the participant’s last employer or employers that is creditable service under the Defined Benefit Program Program, which does not include retired member activities as defined in Section 22164.5 or retired participant activities as defined in Section 26135.7, shall terminate prior to application for a termination benefit under this part.

(b) All employers with which the participant is employed to perform creditable service subject to coverage by the plan shall certify in a format prescribed by the system that the participant’s employment has been terminated unless the employment was terminated 12 months or more prior to the date the termination benefit application is received by the system’s headquarters office. system.

21400.

 (a) A safety member who retires on or after January 1, 2013, for industrial disability shall receive a disability retirement benefit equal to the greater of the following:

(1) Fifty percent of his or her the member’s final compensation, plus an annuity purchased with his or her their accumulated additional contributions, if any.
(2) A service retirement allowance, if he or she the member is qualified for service retirement.
(3) An actuarially reduced factor, as determined by the actuary, for each quarter year that his or her the member’s service age is less than 50 years, multiplied by the number of years of safety service subject to the applicable formula, if he or she the member is not qualified for service retirement.
(4) Nothing in this section shall require a member to receive a lower benefit than he or she the member would have received prior to January 1, 2013, as the law provided prior to that date.
(b) This section shall remain in effect only until January 1, 2023, 2028, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2023, 2028, deletes or extends that date.

31452.7.

 (a) Upon the death of any member after retirement, any retirement allowance earned but not yet paid to the member shall, notwithstanding any other provision of law, be paid to the member’s designated beneficiary.

(b) Upon the death of any person receiving a survivor’s allowance under this chapter, any allowance earned but not yet paid to the survivor shall, notwithstanding any other provision of law, be paid to the survivor’s designated beneficiary.

(c) For purposes of this section, “beneficiary” includes, but is not limited to, a corporation, a trust, or an estate.

31641.4.

 A (a) (1) Except as provided in paragraph (2), a member shall receive credit for employment in public service only for such service as he the member is not entitled to receive a pension or retirement allowance from such public agency. The service for which he the member elects to contribute and the fact that no pension or retirement allowance will accrue to such member by virtue of his the member’s employment in such the public agency must shall be certified to by an officer of the public agency where he the member rendered such public service or must shall be established to the satisfaction of the board.

(2) Nothing in this subdivision prohibits a member from receiving credit for a period of federal public service if federal law expressly permits the credit even though the member is already entitled to receive a pension or retirement allowance from that service. It is intended that this section be consistent with the holdings in Cantwell v. San Mateo County (1980) 631 F.2d 631.

Notwithstanding

(b) Notwithstanding any other provision of law, a safety member who receives credit for prior employment in public service, the principal duties of which consisted of active law enforcement or active fire suppression, or active service in the armed services of the United States during time of war or national emergency, shall have his the member’s pension or retirement allowance for such this service calculated on the same basis as the calculation of the retirement allowance such the member would receive as a safety member under Section 31664.

A

(c) A safety member who entered the service as a peace officer prior to the establishment of the safety membership provisions in his the member’s county shall be considered a safety member from his the member’s initial hiring date, for the purposes of this section, notwithstanding any other provision of law.

Notwithstanding
A

31663.25.

 (a) Except as provided in Section 31663.26, a safety member who has reached the applicable compulsory age of retirement, if any, or a safety member who has completed 10 years of continuous service and who has reached the age of 50, or a safety member who has completed 20 years of service regardless of age, may be retired upon filing with the board a written application setting forth the date upon which the member desires his or her the member’s retirement to become effective which shall be not more than 60 days after the date of filing the application. effective. The effective retirement date shall not be either of the following:

(1) Earlier than the date the application is filed with the board.

(2) More than 60 days after the date of filing the application or more than a number of days that has been approved by the board.

(b) This section shall not apply to a member who is subject to the provisions of the California Public Employees’ Pension Reform Act of 2013 (Article 4 (commencing with Section 7522) of Chapter 21 of Division 7 of Title 1) for all or any portion of that member’s membership in the county retirement system.

31663.26.

 (a) Notwithstanding Section 31663.25, a safety member who has reached the applicable compulsory age of retirement, if any, or a safety member who is a full-time employee, has completed 10 years of service, has reached the age of 50, and has no service break which exceeds 12 months, or a safety member who has completed 20 years of service regardless of age, may be retired upon filing with the board a written application setting forth the date upon which the member desires his or her the member’s retirement to become effective which shall be not more than 60 days after the date of filing the application. effective. The effective retirement date shall not be either of the following:

(1) Earlier than the date the application is filed with the board.
(2) More than 60 days after the date of filing the application or more than a number of days that has been approved by the board.

(b) This section shall not be operative in any county until such time as the board of supervisors shall, by ordinance, make this section applicable in the county.
(c) This section shall not apply to a member who is subject to the provisions of the California Public Employees’ Pension Reform Act of 2013 for all or any portion of his or her their membership in the county retirement system.

31726.

 (a) Upon retirement for non-service-connected nonservice-connected disability a member who has attained age 65 shall receive his or her their service retirement allowance.

Every

(b) Every member under age 65 who is retired for non-service-connected nonservice-connected disability and who is not simultaneously retired as a member on deferred retirement of the State Public Employees’ Retirement System or a retirement system established under this chapter in another county shall receive a disability retirement allowance which shall be the greater of the following:

(a)

(1) The sum to which he or she the member would be entitled as service retirement. retirement; or

(b)

(2) A sum which shall consist of any of the following: of:

(1)

(A) An annuity which is the actuarial equivalent of his or her the member’s accumulated contributions at the time of his or her retirement.

(2)

(B) If, in the opinion of the board, his or her the member’s disability is not due to intemperate use of alcoholic liquor or drugs, willful misconduct, or violation of law on his or her the member’s part, a disability retirement pension purchased by contributions of the county or district.

(3)

(C) If, in the opinion of the board, his or her the member’s disability is not due to conviction of a felony or criminal activity which caused or resulted in the member’s disability, a disability retirement pension purchased by contributions of the county or district. This paragraph shall only apply to a person who becomes a member of the system on or after January 1, 1988.

Every
(a)
(b)
(1)
(2)
(3)

31726.5.

 (a) Upon retirement for nonservice-connected disability a safety member who has attained age 55 shall receive his or her their service retirement allowance. Every

(b) Every safety member under age 55 who is retired for nonservice-connected disability and who is not simultaneously retired as a member on deferred retirement of the Public Employees’ Retirement System or a retirement system established under this chapter in another county shall receive a disability retirement allowance which shall be the greater of:

(a)

(1) The sum to which he or she the member would be entitled to as service retirement; or

(b)

(2) A sum which shall consist of:

(1)

(A) An annuity which is the actuarial equivalent of his or her the member’s accumulated contributions at the time of his or her retirement.

(2)

(B) If, in the opinion of the board, his or her the member’s disability is not due to intemperate use of alcoholic liquor or drugs, willful misconduct, or violation of law on his or her the member’s part, a disability retirement pension purchased by contributions of the county or district.

(3)

(C) If, in the opinion of the board, his or her the member’s disability is not due to conviction of a felony or criminal activity which caused or resulted in the member’s disability, a disability retirement pension purchased by contributions of the county or district.

Paragraph (3)

This subparagraph shall only apply to a person who becomes a member of the association on or after January 1, 1988.

(a)
(b)
(1)
(2)
(3)
Paragraph (3)

31761.

 Optional settlement 1 consists of the right to elect in writing to have a retirement allowance paid him or her until his or her to the member until the member’s death and, if he or she the member dies before he or she receives receiving in annuity payments the amount of his or her the member’s accumulated contributions at retirement, to have the balance at death paid to his or her the member’s estate or to the natural person, having an insurable interest in his or her the member’s life, as he or she the member nominates by written designation duly executed and filed with the board.

31762.

 Optional settlement 2 consists of the right to elect in writing to have a retirement allowance paid to him or her until his or her the member until the member’s death, and thereafter to the natural person, having an insurable interest in his or her the member’s life, as he or she the member nominates by written designation duly executed and filed with the board at the time of his or her the member’s retirement.

31763.

 Optional settlement 3 consists of the right to elect in writing to have a retirement allowance paid him or her until his or her to the member until the member’s death, and thereafter to have one-half of his or her the member’s retirement allowance paid to the natural person, having an insurable interest in his or her the member’s life, as he or she the member nominates by written designation duly executed and filed with the board at the time of his or her the member’s retirement.

31764.

 Optional settlement 4 consists of the right to elect in writing to have a retirement allowance paid him or her until his or her death to the member until the member’s and thereafter to have other benefits as are approved by the board, upon the advice of the actuary, continued throughout the life of and paid to the persons, having an insurable interest in his or her the member’s life, as he or she the member nominates by written designation duly executed and filed with the board at the time of his or her retirement. The designation shall not, in the opinion of the board and the actuary, place any additional burden upon the retirement system.

31781.

 The death benefit shall consist of:

(a) The member’s accumulated contributions.
(b) An amount, provided from contributions by the county or district, equal to one-twelfth of the annual compensation earnable or pensionable compensation as defined in Section 7522.34, whichever is applicable, by the deceased during the 12 months immediately preceding his the member’s death, multiplied by the number of completed years of service under the system, but not to exceed 50 percent of such annual compensation. The computation for any absence shall be based on the compensation of the position held by the member at the beginning of the absence.

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