SECTIONS 20730-20737 - California Statutes

GOVERNMENT CODE

SECTION 20730-20737

20730. At any time prior to the payment of his or her first
retirement allowance, a person whose retirement was compulsory under
this article may file with the board a request for refund of his or
her accumulated contributions as of the effective date of the
retirement, in lieu of any other benefit payable under this part.
Upon receipt of the request so filed, the contributions shall be paid
to that person immediately and that person shall not be entitled to
any other benefit payable under this part.

20731. (a) Notwithstanding any other provision of this part, a
member who is credited with less than the years of service specified
in Article 1 (commencing with Section 21060) of Chapter 12 who enters
employment as a member of a public retirement system supported, in
whole or in part, by state funds, including the University of
California Retirement System, or as a member of a county retirement
system, within six months of leaving state service, shall have the
right to elect to leave accumulated contributions on deposit in the
retirement fund. Failure to make an election to withdraw accumulated
contributions shall be deemed an election to leave accumulated
contributions on deposit in the retirement fund. This section shall
also apply to a member who is subject to Section 21076, except that
no election to leave contributions on deposit is required for service
that is subject to Section 21076.
(b) (1) An election to allow accumulated contributions to remain
in the retirement fund may be revoked by the member at any time,
except any of the following:
(A) While the member is employed in state service in a position in
which the member is not excluded from membership with respect to
that service.
(B) While the member is in service as a member of a public
retirement system supported, in whole or in part, by state funds,
including the University of California Retirement System.
(C) While the member is in service, entered within six months
after discontinuing state service, as a member of a county retirement
system.
(2) All accumulated contributions in a member's account up to the
time of revocation shall be distributed in accordance with an
election pursuant to Section 20735.
(3) A member who is permanently separated from all service covered
by the system, who is not subject to paragraph (1), and who attains
70 years of age shall be provided with an election to withdraw
contributions or, if vested, an election to either apply for service
retirement or to withdraw contributions. Failure to apply for service
retirement or to make an election to withdraw contributions within
90 days shall be deemed an election to withdraw contributions. If the
person fails to either apply for service retirement or elect to
withdraw contributions, or cannot, with reasonable diligence, be
located, the accumulated contributions shall be distributed in
accordance with Section 21500.
(c) A member whose membership continues under this section is
subject to the same age and disability requirements as apply to other
members for service or for disability retirement. After the
qualification of the member for retirement by reason of age, which
shall be the lowest age applicable to any membership category in
which the member has credited service, or disability, the member
shall be entitled to receive a retirement allowance based upon the
amount of the member's accumulated contributions and service standing
to the member's credit at the time of retirement and on the employer
contributions held for the member and calculated in the same manner
as for other members, except that the provisions in this part for
minimum service and disability retirement allowances shall not apply
to the member, unless the member meets the minimum service
requirements. If a basic death benefit becomes payable under Article
1 (commencing with Section 21490), Article 2 (commencing with Section
21530), and Article 5 (commencing with Section 21620) of Chapter 14
because of death before retirement of a member, the average annual
compensation earnable in the year preceding the date of termination
of that service, rather than in the year preceding death, shall be
used in computing the benefit under Articles 1, 2, and 5 of Chapter
14.
The provisions of this section, as it read prior to June 21, 1971,
shall continue with respect to a member whose membership continued
under this section on that date.

20733. A member who ceases to be entitled to credit in this system
for future service because of Section 20300 shall be considered
permanently separated from state service with respect to his or her
right to withdraw contributions.

20734. The payment of accumulated contributions to a former member
shall include current year interest through the date in which the
claim is filed with the office of the Controller.

20735. If the state service or membership of a member is
discontinued, he or she shall, upon his or her request, be paid his
or her accumulated contributions, if, in the opinion of the board, he
or she is permanently separated from state service or membership by
reason of the discontinuance.
This section shall not apply to discontinuance of state service or
membership as a result of retirement or death on account of which a
basic, a limited, or a special death benefit is payable.

20737. The account of a member who elects to be subject to Section
21076 shall be paid current year interest through the effective date
of that election for service rendered as a state miscellaneous or
state industrial member. Interest subsequent to the effective date of
that election shall accrue at a rate determined by the board. The
member shall not receive his or her accumulated contributions plus
interest until the time of retirement or upon request after permanent
separation from state service. Interest shall be paid through the
day prior to retirement or through the date on which the claim is
filed with the Controller. This section does not apply to a member
who elects to be subject to Section 21077.