SECTIONS 20280-20285 - California Statutes

GOVERNMENT CODE

SECTION 20280-20285

20280. This article does not apply to persons expressly excluded
from membership in this system by Article 2 (commencing with Section
20300) and Article 3 (commencing with Section 20320).

20281. All members of the retirement system immediately prior to
the time this part becomes operative continue to be members of this
system.
An employee of a contracting agency on the effective date of its
contract with the board becomes a member immediately.
Every other employee becomes a member upon his or her entry into
employment.

20281.5. (a) Notwithstanding Section 20281, a person who becomes a
state miscellaneous member or state industrial member of the system
on or after the effective date of this section because the person is
first employed by the state and qualifies for membership shall be
subject to the provisions of this section.
(b) Members subject to this section shall not accrue credit for
service in the system and shall not make employee contributions to
the system, including the contributions set forth in Section 20677.4,
for employment with the state until the first day of the first pay
period commencing 24 months after becoming a member of the system.
(c) Notwithstanding subdivision (a), this section shall not apply
to any of the following:
(1) Persons who are already members or annuitants of the system at
the time they are first employed by the state.
(2) Employees of the California State University, or the
legislative or judicial branch of state government.
(3) Members of the Judges' Retirement System, the Judges'
Retirement System II, the Legislators' Retirement System, the State
Teachers' Retirement System, or the University of California
Retirement Plan.
(4) Persons who are members of a reciprocal retirement system and
whose employment was subject to a reciprocal retirement system within
the six months prior to membership in this system.
(5) Persons whose service is not included in the federal system.
(6) Persons who are employed by the Department of the California
Highway Patrol as students at the department's training school
established pursuant to Section 2262 of the Vehicle Code.
(7) Persons who had ceased to be members pursuant to Section 20340
or 21075.
(8) Persons who are National Guard members pursuant to Section
20380.5.
(d) A separation of employment does not alter the 24-month period
described by subdivision (b). A member who separates from state
employment shall remain subject to this section if he or she returns
to state employment as a state miscellaneous or state industrial
member within that 24-month period.
(e) Any regulations adopted by the board to implement the
requirements of this section shall not be subject to the review and
approval of the Office of Administrative Law, pursuant to Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3. The
regulations shall become effective immediately upon filing with the
Secretary of State.

20282. All officers, warrant officers, and enlisted men who after
October 1, 1961, are placed on full-time active duty with the office
of the Adjutant General, pursuant to Sections 142, 167, 321, 340 and
551 of the Military and Veterans Code, shall become members in the
manner and under the same conditions as under this article apply to
other state employees. The retirement benefit provisions of the
Military and Veterans Code shall not apply to those persons. This
section shall not apply to the Adjutant General or the Assistant
Adjutant General.

20283. (a) Any employer that fails to enroll an employee into
membership when he or she becomes eligible, or within 90 days
thereof, when the employer knows or can reasonably be expected to
have known of that eligibility shall be required to pay all arrears
costs for member contributions and administrative costs of five
hundred dollars ($500) per member as a reimbursement to this system's
current year budget.
(b) An employer shall not pass on to an employee any costs
assessed pursuant to subdivision (a).

20284. When any person who is an employee of the state within the
meaning of Section 20028 is assigned to the performance of work for
which his or her compensation is paid, pursuant to statute or duly
authorized contract entered into by the state or the state agency by
which the person is employed, out of funds not directly controlled by
the state, that person shall continue to be an "employee" of the
state for the purposes of this part during the time he or she is
assigned to the performance of that work, and the service rendered by
him or her during that assignment shall be "state service,"
notwithstanding Sections 20028 and 20069 relating to payment of
compensation.

20285. Any employee, who was a state member in employment in a
function at the time of the assumption of the function by a city and
county and became a local member on the date of the assumption and in
employment of the city and county in that function under the
contract with the city and county, shall continue in membership
thereafter so long as he or she continues, without a break exceeding
30 days, in that employment or any other employment, falling in the
same membership category under this system, of the city and county or
any other public entity in which he or she would be a member of the
retirement system of the city and county except for this section.
Those employees shall be excluded from membership in the city and
county retirement system in that employment. A member electing
membership in this system shall make the contributions to this system
that would have been required had he or she been a member while in
that employment.