SECTIONS 21110-21120 - California Statutes

GOVERNMENT CODE

SECTION 21110-21120

21110. It is the intent of the Legislature that reduced worktime
for partial service retirement may, at the discretion of a public
agency employer, be made available to public agency employees
eligible pursuant to Section 21111 who do not desire to work standard
working hours on a full-time basis.

21111. Any public agency employee, who is a local member of this
system working standard hours on a full-time basis, and who is
eligible to retire pursuant to Section 21118, may elect to
participate in reduced worktime for partial service retirement
pursuant to Sections 21110 through 21115.

21112. "Reduced worktime for partial service retirement" means any
arrangement of worktime agreeable to both the public agency employer
and the employee that aggregates no less, on a monthly basis, than a
20 percent reduction nor more than a 60 percent reduction from what
would in that position be considered full-time employment, combined
with the concurrent payment of proportionally reduced compensation
and proportionally reduced retirement benefits.

21113. (a) A public agency employee who voluntarily reduces his or
her worktime for partial service retirement pursuant to Sections
21110 through 21115, and who subsequently returns to a full-time work
schedule pursuant to the policy of the public agency employer, shall
be ineligible for five years thereafter to again participate
pursuant to those sections. The public agency employer may require a
participating employee to return to full-time employment only in the
event of an emergency requiring his or her full-time service.
(b) A public agency employee who is participating pursuant to
Sections 21110 through 21115 in reduced worktime for partial service
retirement may: (1) elect only once in each fiscal year to further
reduce his or her worktime; (2) elect only once in five years to
increase his or her worktime to another less than full-time schedule.

21114. All persons employed in reduced worktime positions for
partial service retirement pursuant to Sections 21110 through 21115
shall receive proportionally reduced compensation and, on a pro rata
basis, all benefits customarily available to full-time employees of a
public agency in similar classes or positions in accordance with the
personnel policies of the public agency employer or pursuant to
provisions of a memorandum of understanding reached pursuant to
Chapter 10 (commencing with Section 3500) of Division 4 of Title 1.

21115. A public agency employer may elect to make Sections 21110
through 21115 applicable to the agency and if it does so, the public
agency employer shall establish other personnel policies or
guidelines required for the administration of the reduced worktime
for partial retirement program within the agency.

21116. Except as otherwise expressly provided, and notwithstanding
Section 20060, state miscellaneous members participating in reduced
worktime for partial service retirement pursuant to Article 1.7
(commencing with Section 19996.30) of Chapter 7 of Part 2.6 or local
members participating in reduced worktime for partial service
retirement pursuant to Sections 21110 through 21115, shall be
considered members and shall not be considered retired, until they
elect to become fully retired.

21117. A state miscellaneous member or industrial member, other
than a university member, shall be partially retired for service upon
his or her written application to the board if he or she has elected
to participate in partial service retirement pursuant to Article 1.7
(commencing with Section 19996.30) of Chapter 7 of Part 2.6, and has
attained the applicable normal retirement age as prescribed by
regulations of the board.

21117.5. Notwithstanding any other provision of law, a person who
is solely a National Guard member shall not be partially retired for
service, nor shall service with the California National Guard be used
to qualify for benefits as described in Section 21117.

21118. (a) A local member shall be partially retired for service
upon his or her written application to the board if he or she has
elected to participate in partial service retirement pursuant to
Sections 21110 through 21115, provided he or she has attained the
applicable normal retirement age as prescribed by regulations of the
board.
(b) This section shall not apply to a contracting agency or its
employees until the contracting agency elects to be subject to it by
amendment to its contract made in a manner prescribed for approval of
contracts or in the case of a new contract, by express provision of
the contract. The operative date of this section with respect to a
local member shall be the effective date of the amendment to his or
her employer's contract electing to be subject to this section.

21119. Article 3 (commencing with Section 21310) of Chapter 13,
relating to cost-of-living adjustments, shall not apply to an
employee who is participating in reduced worktime for partial service
retirement.

21120. Section 21546 shall apply to any member while in state
service in partial service retirement.