SECTIONS 20320-20327 - California Statutes

GOVERNMENT CODE

SECTION 20320-20327

20320. (a) A person directly appointed by the Governor, without the
nomination of any officer or board, or directly appointed by the
Attorney General, Lieutenant Governor, Controller, Secretary of
State, Treasurer, or Superintendent of Public Instruction exempt from
civil service under Article VII of the California Constitution,
except those appointed pursuant to subdivision (i) of Section 4
thereof, is excluded from membership in this system unless he or she
files with the board an election in writing to become a member.
(b) Upon electing to become a member, the person may further elect
at any time prior to retirement to receive service credit for his or
her prior, excluded state service by making the contributions as
specified in Sections 21050 and 21051.

20321. Persons appointed to the office of the Adjutant General or
Assistant Adjutant General after October 1, 1961, shall have rights
to membership as provided in this article for other persons appointed
by the Governor and shall have no rights under the retirement
benefit provisions of the Military and Veterans Code, except that
persons entitled to retirement benefits under the Military and
Veterans Code appointed to the office of the Adjutant General or
Assistant Adjutant General shall continue to receive military
retirement benefits during their term of office.

20322. (a) An elective officer is excluded from membership in this
system unless the officer files with the board an election in writing
to become a member. Upon electing to become a member, the officer
may further elect at any time prior to retirement to receive service
credit for his or her prior, excluded service by making the
contributions as specified in Sections 21050 and 21051.
(b) As used in this part, "elective officer" includes any officer
of the Senate or Assembly who is elected by vote of the members of
either or both of the houses of the Legislature, and any appointive
officer of a city or county occupying a fixed term of office, as well
as officers of the state or contracting agencies elected by the
people, and persons elected to a city council or a county board of
supervisors.
(c) Notwithstanding any other provision of subdivision (a) or (b),
elected or appointed officers of a county superintendent of schools,
school district, or community college district, or of a contracting
agency, who serve on public commissions, boards, councils, or similar
legislative or administrative bodies are excluded from membership in
this system. This exclusion shall only apply to those elected or
appointed officers, other than city or county officers, who are first
elected or appointed to an office on or after July 1, 1994, or who
are elected or appointed to a term of office not consecutive with the
term of office held on June 30, 1994. For city or county elected or
appointed officers, this exclusion shall only apply to those officers
who are first elected or appointed to an office on or after January
1, 1997, or who are elected or appointed to a term of office not
consecutive with the term of office held on December 31, 1996. This
exclusion shall not apply to persons elected to a city council or
county board of supervisors.
(d) Any person holding the office of city attorney or the office
of assistant city attorney, whether employed, appointed, or elected,
is excluded from the definition of "elective officer" as defined in
subdivision (b). This subdivision shall apply only to persons first
employed, elected, or appointed on or after July 1, 1994, or
following any break in state service while serving in the office if
the office was held on June 30, 1994.
(e) In accordance with Section 20125, the board shall be the sole
judge of which elected or appointed positions qualify the incumbent
as an "elective officer" in this system under this section.
(f) Notwithstanding any other provision of law, with respect to
elective officers of contracting agencies, payment by a contracting
agency of employer contributions and any other amounts for employer
paid benefits under this system shall not be construed as receipt of
salary or compensation by the elective officer for purposes of any
statutory salary or compensation limitation.

20323. For the purposes of this section "veteran" means a member of
the Veterans' Home of California.
Any veteran who is employed by the Veterans' Home of California is
excluded from membership in this system unless he or she files, or
has filed prior to October 1, 1959, an election in writing to become
a member. The election shall be filed within 90 days after notice of
eligibility to participate from this system, and shall not be
revocable.

20324. (a) An employee of the Senate or the Assembly, or the
respective committees thereof, whose salaries or wages are paid from
the Senate Operating Fund or the Assembly Operating Fund or the
Operating Funds of the Assembly and Senate, shall be deemed a
"legislative employee." A legislative employee is excluded from
membership in this system unless he or she files with the board an
election in writing to become a member. The election shall not be
required of a legislative employee who was a member of this system on
October 1, 1963.
(b) Upon electing to become a member, a legislative employee may
further elect at any time prior to retirement to receive service
credit for his or her prior, excluded legislative service and he or
she shall have the option as to how much of that prior legislative
service is to be credited. The legislative employee shall make
contributions to this system as specified in Sections 21050 and 21051
for the previous service as a legislative employee for which he or
she desires to receive service credit.

20325. (a) A county superintendent of schools, a school district, a
community college district, or a contracting agency, whose
respective resolution or contract contains an election to be subject
to this section, may offer to its part-time employees whose service
is less than the minimum service prescribed by paragraph (2) of
subdivision (a) of Section 20305 the option to elect at any time to
become a member by filing an election in writing with the board to
become a member. An election by a county superintendent of schools, a
school district, or a community college district to be subject to
this section shall subject all of its employees whose service is less
than the minimum service prescribed by paragraph (2) of subdivision
(a) of Section 20305 to mandatory social security coverage but shall
not, in and of itself, affect any other county superintendent of
schools, school district, or community college district with respect
to any social security coverage of employees of the other county
superintendent of schools, school district, or community college
district.
(b) If a part-time employee elects to become a member, he or she
may further elect at any time prior to retirement to receive service
credit for past service that was less than the minimum service
prescribed by paragraph (2) of subdivision (a) of Section 20305 by
making the contributions as specified in Sections 21050 and 21051.
(c) This section shall not apply to those part-time employees of
any contracting agency nor to any contracting agency until the
contracting agency elects to be subject to this section by amendment
to its contract with the board made pursuant to Section 20474 or by
express provision in its contract with the board.
(d) This section shall not apply to those part-time employees of
any county superintendent of schools or school district or community
college district nor to any county superintendent of schools or
school district or community college district until the county
superintendent of schools, the school district, or community college
district, elects to be subject to this section by adopting a
resolution to that effect and transmitting that resolution through
the county superintendent of schools to the board. Notwithstanding
any specified effective date in a resolution, the resolution shall
not become effective until it is received by this system.

20326. (a) Notwithstanding Section 20305, officers, warrant
officers, and enlisted personnel of the California National Guard who
are not members pursuant to Section 20282 are excluded from
membership in this system unless those officers, warrant officers,
and enlisted personnel file a written election with the board to
become a member.
(b) The Military Department shall report to the board any
employment and other information requested by the board for purposes
of this section.

20327. (a) Notwithstanding any other provision of this part, a
National Guard member may, at any time and on a prospective basis,
cancel his or her election of membership in this system by filing a
written notice of cancellation with the board.
(b) If a National Guard member cancels his or her election of
membership, that National Guard member shall not be required to pay
contributions as described in Section 20772.5, effective as of the
date the written notice of cancellation was filed with the board.
(c) A National Guard member may only elect to cancel his or her
membership pursuant to this section one time.
(d) This section shall remain operative until subsequent
provisions of law delete the requirement that National Guard members
pay the employer contributions as a condition of membership in this
system.