SECTIONS 20090-20099 - California Statutes

GOVERNMENT CODE

SECTION 20090-20099

20090. The Board of Administration of the Public Employees'
Retirement System is continued in existence. It consists of:
(a) One member of the State Personnel Board, selected by and
serving at the pleasure of the State Personnel Board.
(b) The Director of the Department of Personnel Administration.
(c) The Controller.
(d) The State Treasurer.
(e) An official of a life insurer and an elected official of a
contracting agency, appointed by the Governor.
(f) One person representing the public, appointed jointly by the
Speaker of the Assembly and the Senate Committee on Rules.
(g) Six members elected under the supervision of the board as
follows:
(1) Two members elected by the members of this system from the
membership thereof.
(2) A member elected by the active state members of this system
from the state membership thereof.
(3) A member elected by and from the active local members of this
system who are employees of a school district or a county
superintendent of schools.
(4) A member elected by and from the active local members of this
system other than those who are employees of a school district or a
county superintendent of schools.
(5) A member elected by and from the retired members of this
system.

20090.1. (a) Notwithstanding any other provision of law to the
contrary, the member of the board who is an elected official of a
contracting agency appointed by the Governor, pursuant to subdivision
(e) of Section 20090, may designate a deputy, who is employed under
the official's authority, to act in his or her place and stead on the
board or any of its committees. The deputy, while sitting on the
board or any of its committees, may exercise the same powers that the
elected official could exercise if he or she were personally
present. The elected official shall be responsible for the acts of
the deputy acting under this designation.
(b) Notwithstanding any other provision of law to the contrary,
the Director of the Department of Personnel Administration may
designate a deputy, who is employed under the director's authority,
to act in his or her place and stead on the board or any of its
committees. The deputy, while sitting on the board or any of its
committees, may exercise the same powers that the director could
exercise if he or she were personally present. The director shall be
responsible for the acts of the deputy acting under this designation.

20091. The members of the board appointed by the Governor pursuant
to subdivision (e) of Section 20090, the public member appointed
jointly by the Senate Committee on Rules and the Speaker of the
Assembly pursuant to subdivision (f) of Section 20090, and any
retired person serving on the board pursuant to subdivision (g) of
Section 20090 shall receive one hundred dollars ($100) for every day
or portion thereof of actual attendance at meetings of the board or
any meeting of any committee of the board of which committee the
person is a member and which meeting is conducted for the purpose of
carrying out the powers and duties of the board, together with their
necessary traveling expenses incurred in connection with performance
of their official duties.

20092. Each employing agency that employs an elected member of the
board and that employs a person to replace the member during
attendance at meetings of the board, or meetings of committees or
subcommittees of the board, or when serving as a panel member of this
system, or when carrying out other powers or duties as may be
approved by the board, shall be reimbursed from the retirement fund
for the direct and reasonable costs incurred by employing a
replacement. Reimbursement for the costs incurred in employing a
replacement pursuant to this section shall be operative on February
1, 2003.

20093. The members of the board shall serve without compensation,
but shall be reimbursed for actual and necessary expenses incurred
through service on the board.

20094. The counsel to the board shall notify each new member of the
board upon his or her assumption of office and each member of the
board annually that he or she is subject to the gift provisions of
Chapter 9.5 (commencing with Section 89500) of Title 9.

20095. The term of office of members of the board is four years
expiring on January 15 in the order fixed by law. The board shall
hold special elections to fill vacancies which occur during the term
of elected members of the board. If at the time a vacancy occurs, the
unexpired term is less than two years, the new member elected to
fill that vacancy shall hold office for a period equal to the
remainder of the term of the vacated office plus four years.
The Governor or the Speaker of the Assembly and the Senate
Committee on Rules, as the case may be, shall fill a vacancy of a
member appointed pursuant to subdivision (e) or (f) of Section 20090
by the appointment of a person having the requisite qualifications
for the remainder of the vacated term of office.
Notwithstanding any other provision of this part, any person
elected to the board under Section 20090 shall be entitled to hold
that office until the end of the term.

20096. The board shall cause ballots to be distributed to each
active and retired member of the system in advance of each election,
and shall provide for the return of the voted ballots to the board
without cost to the member, and shall develop election procedures.
The results shall be certified by the Secretary of State. The board
may require all persons who perform election duties to certify, under
penalty of perjury, that they properly performed those duties.

20096.3. If an incumbent member of the board, holding a board seat
described in subdivision (g) of Section 20090, does not deliver his
or her completed nomination documents to the election coordinator for
reelection by the applicable filing deadline for candidates for the
seat, any otherwise eligible person other than the person who was the
incumbent on the filing deadline shall have until 10 days after the
filing deadline to file nomination documents for the same office.
This section is not applicable if there is no incumbent eligible to
be elected or if the notice of election states that the incumbent
does not intend to be a candidate for reelection.

20096.5. (a) Candidates for board seats described in subdivision
(g) of Section 20090, including incumbent board members running for
reelection, shall file campaign statements with the Secretary of
State no later than two days before the beginning of the ballot
period, as determined by the board for the period ending five days
before the beginning of the ballot period, and no later than January
10, for the period ending December 31.
(b) The campaign statements shall contain an itemized report that
is prepared on a form prescribed by the Fair Political Practices
Commission, with the assistance of the board, that provides the
information contained in campaign statements filed under Section
84211 to the extent that that information is applicable to a board
election.
(c) The original of a campaign statement shall be filed with the
Secretary of State and a copy shall be retained by the executive
officer at the board's office in Sacramento and is a public record.
(d) All campaign statements filed under this section shall be
signed and verified by the filer. The verification shall state that
the filer has used reasonable diligence in its preparation, and that
to the best of his or her knowledge it is true and complete. Any
person who violates the requirements of this section shall be subject
to a civil or administrative action brought by the Fair Political
Practices Commission or other agency of concurrent jurisdiction
pursuant to Title 9 (commencing with Section 81000).

20097. The board shall maintain its office in the City of
Sacramento. A quorum of the board is seven members. The board shall
elect a president from its membership.

20098. (a) The board shall appoint and, notwithstanding Sections
19816, 19825, 19826, 19829, and 19832 shall fix the compensation of
an executive officer, a general counsel, a chief actuary, a chief
investment officer, and other investment officers and portfolio
managers whose positions are designated managerial pursuant to
Section 18801.1.
(b) The executive officer, deputy executive officers, and the
assistant executive officers may administer oaths.
(c) When fixing the compensation for the positions specified in
subdivision (a), the board shall be guided by the principles
contained in Sections 19826 and 19829, consistent with its fiduciary
responsibility to its members to recruit and retain highly qualified
and effective employees for these positions.
(d) When a position specified in subdivision (a) is filled through
a general civil service appointment, it shall be filled from an
eligible list based on an examination that was held on an open basis,
and tenure in the position shall be subject to the provisions of
Article 2 (commencing with Section 19590) of Chapter 7 of Part 2 of
Division 5 of Title 2. In addition to the causes for action specified
in that article, the board may take action under the article for
causes related to its fiduciary responsibility to its members,
including the employee's failure to meet specified performance
objectives.
(e) An individual who held a position designated in subdivision
(a), or was a member of the board, a deputy executive officer, or an
assistant executive officer, shall not, for a period of two years
after leaving that position, for compensation, act as agent or
attorney for, or otherwise represent, any other person, except the
state, by making any formal or informal appearance before, or any
oral or written communication to, the Public Employees' Retirement
System, or any officer or employee thereof, if the appearance or
communication is made for the purpose of influencing administrative
or legislative action or any action or proceeding involving the
issuance, amendment, awarding, or revocation of a permit, license,
grant, contract, or sale or purchase of goods or property.

20099. The board may appoint a committee of one or more of its
members to perform any act within the power of the board itself to
perform. The board may also delegate authority to the executive
officer to perform those acts. Except where the board, in delegating
authority to a committee or the executive officer, provides that the
committee or the executive officer may act finally, all acts of the
committee or the executive officer shall be reported to the board, at
its next regular meeting, and shall be subject to review and
ratification or reversal by the board.
Reversal by the board of any act of the committee or the executive
officer shall be effective as of the date fixed by the board, but
payment of benefits prior to board action shall not be affected by
that action, except for such recovery of amounts paid from the person
to whom they were paid as the board may direct.
The executive officer may delegate to his or her subordinates any
act or duty unless the board by motion or resolution recorded in the
minutes has required him or her to act personally.