SECTIONS 20890-20910 - California Statutes

GOVERNMENT CODE

SECTION 20890-20910

20890. Past local miscellaneous service shall be converted to local
safety service if the past service:
(a) Was rendered by a current employee of the same agency for
which the miscellaneous service was performed; and
(b) Was rendered in a position that has subsequently been
reclassified as a local safety position; and
(c) Is credited to an employee who has other local safety service
credit for service performed with the agency.

20890.1. Past county peace officer service shall be converted to
local sheriff service if all of the following apply to the past
service:
(a) It was rendered in a position that has subsequently been
reclassified as a local sheriff position according to the provisions
of Section 20432, 20432.5, or 20432.6.
(b) It was rendered by a current employee of the same agency for
which the county peace officer service was performed.
(c) It is credited to an employee who has other local sheriff
service credit for service performed with the agency.

20890.2. (a) Past miscellaneous service performed as an employee of
the Department of the California Highway Patrol while a student at
the department's training school established pursuant to Section 2262
of the Vehicle Code shall be converted to patrol member service if
all of the following apply:
(1) The service was rendered by a current employee of the
Department of the California Highway Patrol.
(2) The service is credited to an employee who has patrol member
service credit for service performed with the Department of the
California Highway Patrol.
(3) The member failed to file a written election to retain the
service as miscellaneous service within 90 days of notification by
the board.
(b) The Department of the California Highway Patrol shall notify
the board, in the manner established by the board, of any employee
who is eligible for conversion of service pursuant to this section.

20891. Section 20066 and subdivisions (a) and (b) of Section 20068
shall not apply to a state miscellaneous or state industrial member
subject to Section 21076 or Section 21077 who becomes a patrol
member, a state safety member, or a state peace officer/firefighter
member as a result of an amendment to this part defining those
members, or is reclassified as a state peace officer/firefighter
member pursuant to Sections 20395 or 20398, unless the member elects
to: (a) deposit in the retirement fund an amount equal to any
accumulated contributions that he or she withdrew pursuant to Section
20737, plus an amount equal to the interest which would have been
credited to his or her account, to the date of completion of
payments, had those contributions not been withdrawn; and, (b)
deposit in the retirement fund the amount that he or she would have
contributed had he or she not been subject to subdivision (c) of
Section 20677, plus an amount equal to the interest, to the date of
completion of payments, which would have been credited to those
contributions had he or she been subject to subdivision (a) or (b) of
Section 20677.

20892. Service by a member in two or more school districts having
governing boards composed of the same persons, shall be considered as
though the service were rendered in one school district.

20893. If a person is employed concurrently by more than one
contracting agency or the state and one or more contracting agencies,
his or her status under this system is the same as if he or she were
employed in more than one state agency.

20894. (a) A person shall not receive credit for the same service
in two retirement systems supported wholly or in part by public funds
under any circumstance.
(b) Nothing in this section shall preclude concurrent
participation and credit for service in a public retirement system
and in a deferred compensation plan established pursuant to Chapter 4
(commencing with Section 19993) or Chapter 8.6 (commencing with
Section 19999.3) of Part 2.6 or pursuant to Article 1.1 (commencing
with Section 53212) of Chapter 2 of Part 1 of Division 2 of Title 5,
a tax-deferred retirement plan that meets the requirements of Section
40l(k) of Title 26 of the United States Code, or a money purchase
pension plan and trust that meets the requirements of Section 401(a)
of Title 26 of the United States Code.
(c) Nothing in this section shall preclude concurrent
participation and credit for service in the defined benefit plan
provided under this part and in a supplemental defined benefit plan
maintained by the employer that meets the requirements of Section 401
(a) of Title 26 of the United States Code, provided all of the
following conditions exist:
(1) The defined benefit plan provided under this part has been
designated as the employer's primary plan for the person.
(2) The supplemental defined benefit plan has received a ruling
from the Internal Revenue Service stating that the plan qualifies
under Section 401(a) of Title 26 of the United States Code, and has
furnished proof thereof to the employer and, upon request, to the
board.
(3) The person's participation in the supplemental defined benefit
plan does not, in any way, interfere with the person's rights to
membership in the defined benefit plan, or any benefit provided,
under this part.
(d) For purposes of this section only, a person who elects to
purchase service as described in Section 21029.5 for his or her
service with the California National Guard is deemed not to receive
credit for the same service in two retirement systems supported
wholly or in part by public funds.

20895. The provisions of this part extending rights to a member of
this system, or subjecting him or her to any limitation, by reason of
his or her membership in a county retirement system , shall apply in
like manner and under like conditions to a member of this system by
reason of his or her membership in any retirement system maintained
by the university, provided that the member entered this system on or
after October 1, 1963, and within 90 days of discontinuance of
employment as a member of a retirement system maintained by the
university, or he or she entered into employment as a member of any
system maintained by the university on or after October 1, 1963, and
within 90 days of discontinuance of employment as a member of this
system; provided, further, that this section shall have no
application whatsoever until the Regents of the University of
California agree to provide similar benefits under any university
system under like conditions.
This section shall supersede any provision contained in Section
20037 that is in conflict with this section, with respect to any
person who enters university employment or employment in which he or
she is a member of this system, on or after October 1, 1963.

20896. A member who is receiving military retirement pay based on
20 or more years of active duty with the armed forces shall be deemed
to have received credit in a publicly supported retirement system
for all service performed with the armed forces. Credit toward
military retirement pay that is earned by a combination of active
duty and nonactive duty with a reserve component of the armed forces
and where the retirement pay is payable only upon the attainment of a
specified age shall not be deemed credit in a publicly supported
retirement system.

20897. A member who is receiving disability retirement pay that is
paid by one of the armed forces shall be deemed to be receiving
military retirement pay based on active duty, regardless of the
number of years of active duty served. A member who is receiving
disability compensation from the Veterans' Administration and is not
receiving retirement pay from one of the armed forces shall not be
considered to be receiving military retirement pay.

20898. In computing the service with which a member is entitled to
be credited under this part, time during which the member is excused
from working because of holidays, sick leave, vacation, or leave of
absence, with compensation, shall be included.

20899. In computing the amount of service to be credited to a
member who is entitled to credit under this part for service as an
elective officer, a year of service shall be credited for each year
of tenure in the office. A person serving in the office shall be
deemed to be serving on a full-time rather than a part-time basis for
all purposes of this part.

20899.5. (a) An elective officer of a contracting agency that is a
city, county, or city and county shall not receive credit for service
or contributions for credit for service in violation of the
prohibitions provided in Section 23007.5, 34095, or 50033.
(b) Nothing in this section shall prohibit an elective officer
from purchasing service credit pursuant to Section 20909.

20900. Notwithstanding any other provision of this part, a member
employed on a part-time basis on and after January 1, 1976, shall,
for the period of part-time employment, receive the credit the member
would receive if he or she was employed on a full-time basis and
have his or her retirement allowance, as well as any other benefits
the member is entitled to under this part, based upon the salary that
he or she would have received if employed on a full-time basis, if
the member and his or her employer both elect to contribute to the
retirement fund the amount that would have been contributed if the
member was employed on a full-time basis. Prior to the reduction of
an employee's workload under this section, the district personnel
responsible for the administration of this program, in conjunction
with the administrative staff of the State Teachers' Retirement
System and this system, shall verify the eligibility of the applicant
for the reduced workload program. This section shall be applicable
only to members who are academic employees of the California State
University or who are certificated employees of school districts and
who have met the criteria provided in Sections 44922 and 87483 of the
Education Code or Section 89516 of the Education Code and are not
older than 70 years and is limited to a period of five years of
part-time status. The employer shall maintain the necessary records
to separately identify each employee receiving credit pursuant to
this section.

20901. (a) Notwithstanding any other provisions of this part, if
the Governor, by executive order, determines that because of an
impending curtailment of, or change in the manner of, performing
service, the best interests of the state would be served by
encouraging the retirement of state employees, and that sufficient
economies could be realized to offset any cost to state agencies
resulting from this section, an additional two years of service shall
be credited to state members, other than school members, if the
following conditions exist:
(1) The member meets the service requirements of Section 21060 or
21074 and retires during a period not to exceed 120 days or less than
60 days commencing no sooner than the date of issuance of the
Governor's executive order which shall specify the period. For
purposes of this paragraph, the service requirements of Sections
21060 and 21074 shall not include service as a National Guard member
or service purchased pursuant to Section 21029.5.
(2) The appointing power, as defined in Section 18524, or the
Regents of the University of California or the Trustees of the
California State University, transmits to the retirement fund an
amount determined by the board that is equal to the actuarial
equivalent of the difference between the allowance the member
receives after the receipt of service credit under this section and
the amount the member would have received without that service
credit. The transfer to the retirement fund shall be made in a manner
and time period acceptable to the employer and the board.
(3) The appointing power or the regents or the trustees determines
that it is electing to exercise the provisions of this section,
pursuant to the Governor's order, and certifies to the Department of
Finance and to the Legislative Analyst's Office, as to the specific
economies that will be realized were the additional service credit
towards retirement granted.
(b) As used in this section, "member" means a state employee who
is employed in a job classification, department, or other
organizational unit designated by the appointing power, as defined in
Section 18524, the Regents of the University of California, or the
Trustees of the California State University.
(c) The amount of service credit shall be two years regardless of
credited service, but shall not exceed the number of years
intervening between the date of the member's retirement and the date
the member would be required to be retired because of age. The
appointing power or the regents or the trustees shall make the
payment with respect to all eligible employees who retired pursuant
to this section.
(d) Any member who qualifies under this section, upon subsequent
reentry to this system shall forfeit the service credit acquired
under this section.
(e) This section shall not apply to any member otherwise eligible
if the member receives any unemployment insurance payments arising
out of employment with an employer subject to this part during a
period extending one year beyond the date of issuance of the
executive order or if the member is not eligible to retire without
the additional credit available under this section.
(f) (1) The benefit provided by this section shall not be
applicable to the employees of any appointing power or the regents or
the trustees until the Director of Finance approves the transmittal
of funds by that appointing power or the regents or the trustees to
the retirement fund pursuant to paragraph (3) of subdivision (a).
(2) The Director of Finance shall approve the transmittal of funds
by the appointing power or the regents or the trustees not sooner
than 30 days after notification in writing of the necessity therefor
to the chairperson of the committee in each house that considers
appropriations and the Chairperson of the Joint Legislative Budget
Committee, or not sooner than such lesser time as the chairperson of
the committee, or his or her designee, may in each instance
determine. If there is any written communication between the Director
of Finance and the Legislative Analyst, a copy thereof shall be
immediately transmitted to the chairperson of each appropriate policy
committee.

20902. Notwithstanding any other provisions of this part, whenever
the employer, by formal action, determines that because of an
impending curtailment of, or change in the manner of, performing
service, the best interests of the state would be served by
encouraging the retirement of legislative employees, and that
sufficient economies could be realized to offset any cost to the
employer resulting from this section, an additional two years of
service shall be credited to legislative employees who are members,
pursuant to Section 20324, if the following conditions exist:
(a) The member is credited with five or more years of service and
retires during a period not to exceed 120 days or less than 60 days
commencing no sooner than the operative date of the formal action of
the employer that shall specify the period.
(b) The employer transmits to the retirement fund an amount
determined by the board that is equal to the actuarial equivalent of
the difference between the allowance the member receives after the
receipt of service credit under this section and the amount the
member would have received without that service credit. The transfer
to the retirement fund shall be made in a manner and time period
acceptable to the employer and the board.
The amount of service credit shall be two years regardless of
credited service.
Any member who qualifies under this section, upon subsequent
reentry to this system shall forfeit the service credit acquired
under this section.
This section shall not be applicable to any member otherwise
eligible if the member receives any unemployment insurance payments
arising out of employment with an employer subject to this part
during a period extending one year beyond the operative date of the
formal action of the employer or if the member is not eligible to
retire without the additional credit available under this section.
As used in this section, "employer" means the Joint Rules
Committee, the Joint Legislative Budget Committee, the Joint
Legislative Audit Committee, the Senate Committee on Rules, and the
Assembly Rules Committee, with respect to their respective employees.

20902.5. (a) Notwithstanding any other provision of this part,
whenever the Chief Justice, by formal action, determines that because
of an impending curtailment of, or change in the manner of
performing, judicial branch services, the best interests of the state
would be served by encouraging the retirement of judicial branch
state employees from the Administrative Office of the Courts, the
Supreme Court, the Courts of Appeal, or the Habeas Corpus Resource
Center and that sufficient economies could be realized to offset any
costs to the judicial branch resulting from this action, an
additional two years of service shall be credited to the affected
members, if both of the following conditions exist:
(1) The member is credited with five or more years of service and
retires during a period not to exceed 120 days or less than 60 days
commencing no sooner than the operative date of the formal action of
the Chief Justice that shall specify the period.
(2) The Administrative Office of the Courts transmits to the
retirement fund an amount determined by the board that is equal to
the actuarial equivalent of the difference between the allowance the
member receives after the receipt of service credit under this
section and the amount the member would have received without that
service credit. The transfer to the retirement fund shall be made in
a manner and time period acceptable to the employer and the board
with respect to all eligible members who retire during the specified
period.
(b) As used in this section, "member" means a state employee who
is employed in an organizational unit of the judicial branch
designated by the Chief Justice in the formal action crediting the
additional service credit.
(c) The amount of service credit shall be two years regardless of
credited service. Any member who qualifies under this section shall,
upon subsequent reentry to this system, forfeit the service credit
acquired under this section.
(d) This section is not applicable to any member otherwise
eligible, if the member receives any unemployment insurance payments
arising out of employment with an employer subject to this part
during a period extending one year beyond the operative date of the
formal action of the Chief Justice or if the member is not eligible
to retire without the additional credit available under this section.

20903. Notwithstanding any other provisions of this part, when the
governing body of a contracting agency determines that because of an
impending curtailment of, or change in the manner of performing
service, the best interests of the agency would be served, a local
member shall be eligible to receive additional service credit if the
following conditions exist:
(a) The member is employed in a job classification, department, or
other organizational unit designated by the governing body of the
contracting agency and retires within any period designated in and
subsequent to the effective date of the contract amendment, or any
additional period or periods designated in any subsequently adopted
resolution of the governing body of the contracting agency, provided
the period is not less than 90 days nor more than 180 days.
(b) The governing body agrees that the added cost to the
retirement fund for all eligible employees who retire during the
specified period shall be included in the contracting agency's
employer contribution rate, as determined by Section 20814.
(c) The governing body shall certify that it is electing to
exercise the provisions of this section, because of impending
mandatory transfers, demotions, and layoffs that constitute at least
1 percent of the job classification, department, or organizational
unit as designated by the governing board, resulting from the
curtailment of, or change in the manner of performing, its services.
(d) The governing body shall certify that it is its intention at
the time that this section is made operative that if any early
retirements are granted after receipt of service credit pursuant to
this section, that any vacancies thus created or at least one vacancy
in any position in any department or other organizational unit shall
remain permanently unfilled thereby resulting in an overall
reduction in the workforce of the department or organizational unit.
(e) The amount of additional service credit shall be two years
regardless of credited service.
(f) This section is not applicable to any member otherwise
eligible if the member receives any unemployment insurance payments
during the specified period.
(g) Any member who qualifies under this section, upon subsequent
reentry to this system shall forfeit the service credit acquired
under this section.
(h) This section does not apply to any member who is not employed
by the contracting agency during the period designated in subdivision
(a) and who has less than five years of service credit.
(i) This section does not apply to any contracting agency unless
and until the agency elects to be subject to the provision of this
section by amendment to its contract made in the manner prescribed
for approval of contracts, except an election among the employees is
not required, or, in the case of contracts made after January 1,
2000, by express provision in the contract making the contracting
agency subject to the provisions of this section.
Before adopting this provision, the governing body of a
contracting agency shall, with timely public notice, place the
consideration of this section on the agenda of a public meeting of
the governing body, at which time disclosure shall be made of the
additional employer contributions, and the funding therefor, and
members of the public shall be given the opportunity to be heard. The
matter may not be placed on the agenda as a consent item. Only after
the public meeting may the governing body adopt this section. The
governing body shall also comply with the requirements of Section
7507. The employer shall notify the board of the employer's
compliance with this subdivision at the time of the governing body's
application to adopt this section.
(j) The contracts of contracting agencies that adopted the
provisions of former Section 20903, prior to the repeal of that
section on January 1, 1999, shall remain in full force and effect in
accordance with their terms and the terms of this section.
Notwithstanding subdivision (i), those contracting agencies need not
amend their contracts or otherwise comply with the requirements of
subdivision (i) to be subject to this section. Without limiting the
foregoing, eligibility periods under subdivision (a) of former
Section 20903, designated by the governing body of a contracting
agency by resolution pursuant to the terms of its contract or
contract amendment, shall remain in effect in accordance with their
terms as if designated pursuant to this section.
(k) Notwithstanding Section 20790, an election to become subject
to this section may not exclude an agency from the definition of
"employer" for purposes of Section 20790.

20903.5. (a) Notwithstanding Section 20903 or any other provision
of this part, for only the 1994-95, 1995-96, 1996-97, 1997-98, and
1998-99 fiscal years, when the governing body of a contracting
agency, other than a school employer, determines that because of an
impending curtailment of service, or change in the manner of
performing service, the best interests of the agency would be served
by encouraging the retirement of local members, the governing body
may adopt a resolution to grant eligible employees additional service
credit if the following conditions exist:
(1) The member meets the age and service requirements of Section
21060, is credited with 10 or more years of service, and retires on
service retirement on or before a date determined by the governing
body that is within a period that is not more than 120 days after the
governing body's adoption of the resolution.
(2) The governing body agrees to transmit to the retirement fund
an amount determined by the board that is equal to the actuarial
equivalent of the difference between the allowance the member
receives after the receipt of service credit under this section and
the amount the member would have received without that service credit
and any administrative costs incurred by this system in a manner and
time period acceptable to the governing body and the board. However,
the payment period shall not exceed five years. If payment in full
is not received within 30 days of the invoice, regular interest shall
be charged on any unpaid balance.
(b) (1) The resolution shall specify the categories of employees
that are eligible to receive the additional service credit and the
departments, programs and position classifications in which employee
members would be eligible for the additional service credit.
(2) The resolution shall specify the period of eligibility, and
the amount of additional service in whole years. The amount of
additional service credit shall not be more than four years and shall
not be combined with any additional service credit granted under
Section 20903.
(c) (1) The governing body shall certify either that sufficient
positions have been deleted whose total cost equals or exceeds the
lump-sum actuarial cost of the additional service credit granted or
that all positions vacated due to the additional service credit
granted pursuant to this section shall remain vacant for at least
five years and until the lump-sum actuarial cost of the additional
service credit granted has been recaptured from position vacancy
salary savings.
(2) The governing body shall certify to the board the extent to
which savings will exceed necessary payments to the board, the
specific measures to be taken to assure that outcome, and that the
agency has complied with Section 7507. The board may require the
governing body to provide verification of its certification through
independent review.
(d) At the time the governing body has achieved savings that are
more than adequate to meet necessary payments to the board, or five
years after commencement of the retirement period specified in
paragraph (1) of subdivision (a), whichever occurs first, the
governing body shall certify to the board the amount of actual
savings and the measures taken to achieve the savings. The governing
body shall maintain records for each worker retiring pursuant to this
section. The board may require the governing body to provide
verification of its certification through independent review. The
board shall report these certifications to the Controller, who shall
summarize the cost and savings information therein for inclusion in
his or her annual report prepared pursuant to Sections 7501 through
7504. The Controller shall perform a postaudit to verify that the
savings equal or exceed the lump-sum actuarial cost of the additional
service granted pursuant to this section. The local contracting
agency shall pay the cost of the postaudit.
(e) This section shall not be applicable to any member otherwise
eligible if the member receives any unemployment insurance payments
arising out of employment with an employer subject to this part
during a period extending two years beyond the date of issuance of
the governing body's determination or if the member is not eligible
to retire without the additional credit available under this section.
(f) Any member who qualifies under this section, upon subsequent
reentry into this system or upon any subsequent service under
contract or any other basis, shall forfeit the service credit
acquired under this section. Any member who qualifies under this
section shall not receive temporary reemployment as an annuitant with
the public agency from which he or she has received credit under
this section for five years following the date of retirement.
(g) No additional service credit shall be granted pursuant to this
section on or after July 1, 1999.

20904. Notwithstanding any other provisions of this part, when any
county superintendent of schools determines that because of an
impending curtailment of, or change in the manner of performing
service, the best interests of the county superintendent of schools
would be served, a school member shall be eligible to receive
additional service credit if the following conditions exist:
(a) The member is employed in a job classification or an
organizational unit designated by the county superintendent of
schools and retires within any period designated in and subsequent to
the effective date of the contract amendment provided the period is
not less than 90 days nor more than 180 days.
(b) The county superintendent of schools transmits to the
retirement fund an amount determined by the board that is equal to
the actuarial equivalent of the difference between the allowance the
member receives after the receipt of service credit under this
section and the amount he or she would have received without the
service credit. The transfer to the retirement fund shall be made in
a manner and time period acceptable to the employer and the board.
(c) The county superintendent of schools shall certify that it is
his or her intention at the time that this section is made operative
that if any early retirements are granted after receipt of service
credit pursuant to this section, that the retirements will either:
(1) result in a net savings to the district or county superintendent
of schools, or (2) result in an overall reduction in the work force
of the organizational unit because of impending mandatory transfers,
demotions, and layoffs that constitute at least 1 percent of the job
classification, as designated by the county superintendent of
schools, resulting from the curtailment of, or change in the manner
of performing, its services.
The amount of service credit shall not be more than two years
regardless of credited service and shall not exceed the number of
years intervening between the date of his or her retirement and the
date he or she would be required to be retired because of age.
A county superintendent of schools that elects to make the payment
prescribed by subdivision (b) shall make the payment with respect to
all eligible employees who retire during the specified period.
This section shall not be applicable to any member otherwise
eligible if the member receives any unemployment insurance payments
during the specified period.
Any member who qualifies under this section, upon subsequent
reentry to this system shall forfeit the service credit acquired
under this section.
This section shall not apply to any member who is not employed by
the county superintendent of schools during the period designated in
subdivision (a) and who has less than five years of service credit.
This section shall not apply to any county superintendent of
schools unless and until the county superintendent of schools elects
to be subject to this section by amendment to the contract made in
the manner prescribed for approval of contracts, except an election
among the employees is not required, or, in the case of contracts
made after July 30, 1982, by express provision in the contract making
the county superintendent of schools subject to the provisions of
this section.
Notwithstanding Section 20790, an election to become subject to
this section shall not exclude a county superintendent of schools
from the definition of "employer" for purposes of Section 20790.

20905. (a) Notwithstanding any other provision of this part, a
school member employed on a part-time basis on and after January 1,
1991, shall, for that period of part-time employment, receive the
credit he or she would receive if he or she was employed on a
full-time basis and shall have his or her retirement allowance, as
well as any other benefits he or she is entitled to under this part,
based upon the salary that he or she would have received if employed
on a full-time basis if he or she and his or her employer both
contribute to the retirement fund the amount that would have been
contributed if the member was employed on a full-time basis. Prior to
the reduction of a classified employee's workload under this
section, the school employer personnel responsible for the
administration of this program shall verify the eligibility of the
applicant for the reduced workload program. This section shall be
applicable only to school members who are classified employees of
school employers or community college districts and who have met the
criteria provided in Sections 45139 and 88038 of the Education Code.
(b) The employer shall maintain the necessary records to
separately identify each classified employee receiving credit
pursuant to this section.
(c) For the purposes of this section, all contributions,
liabilities, actuarial interest rates, and other valuation factors
shall be determined on the basis of actuarial assumptions and methods
which, in combination, offer the actuary's best estimate of
anticipated experience under this system.

20906. (a) Notwithstanding any other provision of this part, a
school member who is on an approved leave of absence to serve as an
elected officer of an employee organization pursuant to Section 45210
or 88210 of the Education Code, shall receive the service credit he
or she would have received if he or she were not on leave, and shall
have benefits he or she is entitled to under this part, based upon
the salary that he or she would receive if he or she were not on
leave. Both the member and his or her employer shall contribute to
the retirement fund the amount that would have been contributed had
the member not been on leave.
(b) The school employer shall verify the eligibility of the
applicant for the elected officer's leave of absence. Service
credited pursuant to this section shall not exceed 12 years.
(c) The employer shall maintain the necessary records to
separately identify each employee receiving service credit pursuant
to this section.

20907. Any funds transferred to this system on account of liability
for additional service credit granted pursuant to Sections 20901,
20902, 20904, or former Section 20822, as added by Chapter 450 of the
Statutes of 1992, shall be paid over a time period acceptable to the
employer and the board, but in no case shall that period exceed five
years.

20908. (a) A member who, pursuant to Section 20281.5, did not
accrue service credit with respect to his or her service to the state
may elect to receive credit for that service within the period of
time beginning on the first day of the 47th month and ending on the
last day of the 49th month after the date on which the member became
a member of the system.
(b) Any member electing to receive credit for service under this
section shall cause to be transferred to the system the accumulated
contributions, including earnings, standing to the member's credit in
the retirement program established pursuant to Chapter 8.6
(commencing with Section 19999.3) of Part 2.6. Upon transfer of the
accumulated contributions, including earnings, the member shall
receive credit for all service that, pursuant to Section 20281.5, was
not credited.
(c) A member who does not make the election within the period
specified in subdivision (a), may elect at any time prior to
retirement to receive credit for the service that otherwise would
have been credited if the member was not subject to Section 20281.5,
by making the contributions specified in Sections 21050 and 21052.

20909. (a) A member who has at least five years of credited state
service, may elect, by written notice filed with the board, to make
contributions pursuant to this section and receive not less than one
year, nor more than five years, in one-year increments, of additional
retirement service credit in the retirement system.
(b) A member may elect to receive this additional retirement
service credit at any time prior to retirement by making the
contributions as specified in Sections 21050 and 21052. A member may
not elect additional retirement service credit under this section
more than once.
(c) For purposes of this section, "additional retirement service
credit" means time that does not qualify as public service, military
service, leave of absence, or any other time recognized for service
credit by the retirement system.
(d) Additional retirement service credit elected pursuant to this
section may not be counted to meet the minimum qualifications for
service or disability retirement or for health care benefits, or any
other benefits based upon years of service credited to the member.
(e) This section only applies to the following members:
(1) A member while he or she is employed in state service at the
time of the additional retirement service credit election.
(2) A member of the system defined in Section 20324.
(f) For purposes of this section, "state service" means service as
defined in Section 20069.

20910. A member whose right to elect to receive service credit
pursuant to Article 4 (commencing with Section 20990) and Article 5
(commencing with Section 21020) has been awarded in part to a
nonmember, pursuant to paragraph (4) of subdivision (c) of Section
21290, may elect to receive service credit for the same amount and
type of service credit that the nonmember is entitled to purchase, if
the nonmember has permanently waived all rights in the system by
effecting a refund of accumulated contributions pursuant to Section
21292. A member electing to receive service credit pursuant to this
section shall make the contributions required under this chapter for
the particular amount and type of service credit.