SECTIONS 20960-20972 - California Statutes

GOVERNMENT CODE

SECTION 20960-20972

20960. Except as provided in Article 4 (commencing with Section
20990), time during which a member is absent from state service
without compensation shall not be allowed in computing service.

20961. Credit for more than one year of service shall not be
allowed for service rendered in any fiscal year.

20962. (a) One year of service credit shall be granted for service
rendered and compensated in a fiscal year in full-time employment for
any of the following:
(1) One academic year of service for persons employed on an
academic year basis by the University of California, the California
State University system, or school employees who are certificated
members, under terms and conditions prescribed by the board.
(2) Ten months of service for persons employed on a monthly basis.
(3) Two hundred fifteen days of service after June 30, 1951, and
250 days prior to July 1, 1951, for persons employed on a daily
basis.
(4) One thousand seven hundred twenty hours of service after June
30, 1951, and 2,000 hours prior to July 1, 1951, for persons employed
on an hourly basis.
(5) Nine months of service for state employees represented by
State Bargaining Unit 3 and subject to the 9-12 pay plan or leave
plan, provided a memorandum of understanding has been agreed to by
the state employer and the recognized employee organization to become
subject to this subdivision.
(b) A fractional year of credit shall be given for service
rendered in a fiscal year in full-time employment for less than the
time prescribed in this section.

20963. (a) A state, school, or school safety member, whose
effective date of retirement is within four months of separation from
employment with the employer subject to this section that granted
the sick leave credit, shall be credited at his or her retirement
with 0.004 year of service credit for each unused day of sick leave
certified to the board by the employer. The certification shall
report only those days of unused sick leave that were accrued by the
member during the normal course of his or her employment and shall
not include any additional days of sick leave reported for the
purpose of increasing the member's retirement benefit. Reports of
unused days of sick leave shall be subject to audit and retirement
benefits may be adjusted where improper reporting is found. For
purposes of this subdivision, sick leave shall not include sick leave
earned as a National Guard member as described in Section 20380.5.
(b) Until receipt of certification from an employer concerning
unused sick leave, the board may pay an estimated allowance pursuant
to this section. At the time of receipt of the certification, the
allowance shall be adjusted to reflect any necessary changes.
(c) Notwithstanding any other provisions of this part, this
section shall not apply to local members other than local
miscellaneous members employed before July 1, 1980, by a school
district that is a contracting agency or those school safety members
employed before July 1, 1980, by a contracting agency that is a
school district or community college district, as defined in
subdivision (i) of Section 20057.
(d) This section shall not apply to any of the following:
(1) A person who becomes a school member on and after July 1,
1980, and any person who becomes a local member employed, on and
after July 1, 1980, by a school district that is a contracting agency
whether or not the person was ever a school member or local member
prior to that date.
(2) A state employee, with respect to sick leave credits earned as
a state member under Section 21353.5, except that the member shall
be entitled to receive credit under this section for the sick leave
he or she has earned as a state member subject to any other
retirement formula, provided the member has a sick leave credit
balance remaining at the time of retirement.
(e) For the purposes of this section, sick leave benefits provided
to state employees pursuant to the state sick leave system shall be
construed to mean compensation paid to employees on approved leaves
of absence because of sickness.

20963.1. (a) A state member whose effective date of retirement is
within four months of separation from employment of the state, shall
be credited at his or her retirement with 0.004 year of service for
each unused day of educational leave credit, as certified to the
board by the employer. The provisions of this section shall be
effective for eligible state members who retire directly from state
employment on and after January 1, 2000.
(b) This section shall apply to eligible state members in state
bargaining units that have agreed to this section in a memorandum of
understanding, or as authorized by the Director of the Department of
Personnel Administration for classifications of state employees that
are excluded from the definition of "state employee" by paragraph (c)
of Section 3513 of the Government Code.

20963.5. (a) Notwithstanding any other provision of law, Section
20963 shall not apply to school safety members who were employed on
or after July 1, 1980, and who retired prior to January 1, 1999.
(b) Notwithstanding any other provision of law, Section 20963
shall apply to school members who retire on or after January 1, 1999.

20964. Notwithstanding any other provision of law, any employee who
voluntarily resigns from state service during the period January 1,
1980, through June 30, 1980, shall be credited at retirement with
additional service credit pursuant to Section 20963 for sick leave
accumulated while employed by the state and assumed and maintained by
the county pursuant to the agreement with the Department of Forestry
and Fire Protection, and certified as unused to the board by the
county. County employees having accumulated sick leave credits for
both state and county service shall be deemed to draw from county
earned sick leave balances existing at the time sick leave is taken
prior to the drawing from state earned balances.
This section applies only to probationary and permanent employees
of the Department of Forestry and Fire Protection assigned to the
Orange Ranger Unit who, before the June 30, 1980, cancellation of the
local government fire protection contract between the department and
the County of Orange, voluntarily resign from state service and
accept similar employment by Orange County in a fire protection
organization.

20965. A local miscellaneous member and a local safety member,
whose effective date of retirement is within four months of
separation from employment with the employer which granted the sick
leave credit, shall be credited at his or her retirement with 0.004
year of service credit for each unused day of sick leave certified to
the board by his or her employer. The certification shall report
only those days of unused sick leave that were accrued by the member
during the normal course of his or her employment and shall not
include any additional days of sick leave reported for the purpose of
increasing the member's retirement benefit. Reports of unused days
of sick leave shall be subject to audit and retirement benefits may
be adjusted where improper reporting is found.
This section shall not apply to any contracting agency nor to the
employees of a contracting agency until the agency elects to be
subject to this section by contract or by amendment to its contract
made in the manner prescribed for approval of contracts, except that
an election among the employees is not required, or, in the case of
contracts made after September 26, 1974, by express provision in the
contract making the contracting agency subject to this section.
This section shall only apply to members who retire after the
effective date of the contract amendments.

20966. For the purpose of calculating retirement allowances, credit
for service rendered on a part-time basis in each fiscal year shall
be based on the ratio that the service rendered bears:
(a) To one academic year if rendered on an academic year basis,
for members employed by the University of California, the California
State University system, or school employees who are certificated
members, under terms and conditions prescribed by the board.
(b) To 10 months if rendered on a monthly basis.
(c) To 215 days if the service was rendered after June 30, 1951,
or to 250 days if the service was rendered prior to July 1, 1951, for
services rendered on a daily basis.
(d) To 1,720 hours if the service was rendered after June 30,
1951, or to 2,000 hours if the service was rendered prior to July 1,
1951, for service rendered on an hourly basis.

20966.5. For purposes of Sections 20326 and 21029.5, each day of
compensated service with the California National Guard or service by
a National Guard member authorized by Title 10 of the United State
Code shall count as one day of service and shall be credited in each
fiscal year based on the ratio that service bears to 215 days.

20967. For the purpose of calculating retirement benefits based on
part-time service, except under Section 21381, compensation earnable
shall be taken as the compensation that would have been earnable if
the employment had been on a full-time basis and the member had
worked full time, and shall conform to the definitions given in
Section 20636.1 for school members and Section 20636 for all other
members.

20968. For all retirement purposes including benefit eligibility
and calculations of retirement allowances for state employees in the
personal leave program, credit for service shall be based on the
amount of service that would have been credited had the employee not
been in the personal leave program.

20969. (a) For all retirement purposes, including benefit
eligibility and calculations of retirement allowances for members
employed by the state that are subject to mandatory furloughs, credit
for service and compensation earnable shall be based on the amount
that would have been credited had the employee not been subject to
mandatory furloughs.
(b) For the purposes of this section, "mandatory furloughs" means
time during which a member identified below is directed to be absent
from work without pay as a consequence of an Executive order in the
2008-09, 2009-10, and 2010-11 fiscal years:
(1) A state employee subject to an Executive order requiring a
mandatory furlough for state employees.
(2) A person who is excepted from the definition of "state
employee" in subdivision (c) of Section 3513, or who is an officer or
employee of the executive branch of state government who is not a
member of the civil service, and who is subject to an Executive order
requiring a mandatory furlough for state employees.
(3) A state employee, a person who is excepted from the definition
of "state employee" in subdivision (c) of Section 3513, or a person
who is an officer or employee of the executive branch of state
government who is not a member of the civil service, and whose
employer is not under the direct executive authority of the Governor,
and who is subject to a mandatory furlough imposed by his or her
employer in response to encouragement in an Executive order.
(c) An employer of an employee identified in subdivision (b) shall
notify the board of the terms and conditions of any mandatory
furlough, including, but not limited to, the amount of mandatory
furlough time imposed on employees during a reporting period and the
date on which the mandatory furlough ends. The employer and the
Controller shall provide any additional information as the board may
require to implement this section.

20969.1. (a) For all retirement purposes, including benefit
eligibility and calculations of retirement allowances for members
employed by a trial court that are subject to mandatory furloughs, as
defined in subdivision (c), credit for service and compensation
earnable shall be based on the amount of service that would have been
credited had the employee not been subject to mandatory furloughs.
(b) A trial court shall notify the board of the terms and
conditions of any mandatory furlough, including, but not limited to,
the amount of mandatory furlough time imposed on employees during a
reporting period, and the date on which the mandatory furlough ends.
A trial court and a county in which the trial court is located that
participates in this system by joint contract pursuant to Section
20460.1 shall provide that additional information as the board may
require to implement this section.
(c) For the purposes of this section, "mandatory furloughs" is
limited to the time during which a trial court employee is directed
to be absent from work without pay in the 2009-10 fiscal year on the
day designated by the Judicial Council for closure of the courts as
authorized in Section 68106.
(d) For purposes of this section, "trial court employee" means a
trial court employee, as that term is defined in Section 71601, whose
employer has contracted for its employees to become members of the
California Public Employees' Retirement System.

20969.2. (a) For all retirement purposes, including benefit
eligibility and calculations of retirement allowances under this part
for a person employed by a county office of education, a school
district, a school district that is a contracting agency, a community
college district, or a local safety member, as defined in Section
20420, that is subject to mandatory furloughs, the employee's credit
for service and compensation earnable shall include the amount of
service that would have been credited and the compensation earnable
that would have been reported had the employee not been subject to a
mandatory furlough.
(b) For the purposes of this section, "mandatory furlough"
includes any time period on or after July 1, 2008, during which
employees are directed to be absent from work without pay on the day
or days designated by their employer or by a memorandum of
understanding by the parties entered into on or after July 1, 2008,
for purposes of achieving budgetary savings.
(c) An employer of an employee identified in subdivision (a) shall
notify the board and, if applicable, the county superintendent of
schools of the terms and conditions of any mandatory furlough,
including, but not limited to, the amount of mandatory furlough time
imposed on employees during a reporting period, and the date on which
the mandatory furlough ends. The employer and, if applicable, the
county superintendent of schools shall provide any additional
information as the board may require to implement this section.

20970. The determining qualification for retirement and the benefit
provided under Section 21546 and calculating benefits payable upon
death before retirement other than that provided under Section 21546,
a year of service shall be credited for each year during which the
member was employed throughout the year on a part-time basis and was
engaged in his or her duties the full amount of time he or she was
required by his or her employment to be so engaged. In calculating
service to determine the qualification, credit for fractional years
shall be granted to the extent of the fraction derived by dividing
the time during which the member was engaged in his or her duties
within the year, by the time he or she was required by his or her
employment to be so engaged.

20971. For the purposes of the computations required by subdivision
(b) or (c) of Section 21532, the annual compensation earnable by a
person in partial service retirement shall be deemed the amount of
annual compensation the person would have received had the person
been employed on a full-time basis.

20972. If a person has been employed by the state or one or more
contracting agencies in any relative order and regardless of whether
the employment was before or after the effective date of the
contract, and if he or she has not been paid his or her accumulated
contributions, or having been paid those contributions, he or she
redeposits them, he or she shall receive credit for all state service
and those employers shall be liable for all state service rendered
in their respective employments and that service shall be included in
the calculation of the liability of the respective employers under
the contracts.
A member who has been employed other than concurrently by two or
more employers shall not be denied credit under this section for
service prior to the contract date because of intervening employment
with the same employer after the contract date and under
circumstances that did not qualify him or her for prior service
credit under Section 20931 or 20933.
Any member who reentered this system prior to October 1, 1957, and
who did not have a right to redeposit withdrawn contributions
because of provisions of this section existing prior to that date may
redeposit those contributions in accordance with Section 20750.