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CALIFORNIA STATUTES AND CODES

SECTIONS 21350-21390

GOVERNMENT CODE
SECTION 21350-21390
21350. Upon retirement for service, a member is entitled to receive a service retirement allowance which shall consist of: (a) The member's service retirement annuity, including, with respect to patrol members and solely in respect to the portion of the annuity derived from the normal accumulated contributions of those members, respectively, automatic continuance to surviving spouse, or if there is no spouse at retirement, to surviving children, or if there are no eligible surviving children at retirement, to surviving dependent parents as provided in this article. (b) The member's current service pension. (c) The member's prior service pension. 21351. The actual amount of annuity receivable by a member upon retirement shall be the actuarial equivalent of his or her accumulated contributions. 21352. The service retirement annuity is the sum of the annuities which are the actuarial equivalents of the normal and additional accumulated contributions of a member at the time of his or her retirement. 21353. (a) The combined current and prior service pensions for a local miscellaneous member, a school member, a state miscellaneous or state industrial member, or a university member is a pension derived from the contributions of the employer sufficient, when added to the service retirement annuity that is derived from the accumulated normal contributions of the member at the date of retirement, to equal the fraction of one-fiftieth of the member's final compensation set forth opposite the member's age at retirement, taken to the preceding completed quarter year, in the following table, multiplied by the number of years of current and prior service except service in a category of membership other than that of state or state industrial member, local miscellaneous member, school member, or a university member, or service covered under this First Tier retirement formula, with which the member is entitled to be credited at retirement: Age of Retirement Fraction 50 ............................... .546 50 1/4 ........................... .554 50 1/2 ........................... .562 50 3/4 ........................... .570 51 ............................... .578 51 1/4 ........................... .586 51 1/2 ........................... .595 51 3/4 ........................... .603 52 ............................... .612 52 1/4 ........................... .621 52 1/2 ........................... .630 52 3/4 ........................... .639 53 ............................... .648 53 1/4 ........................... .658 53 1/2 ........................... .668 53 3/4 ........................... .678 54 ............................... .688 54 1/4 ........................... .698 54 1/2 ........................... .709 54 3/4 ........................... .719 55 ............................... .730 55 1/4 ........................... .741 55 1/2 ........................... .753 55 3/4 ........................... .764 56 ............................... .776 56 1/4 ........................... .788 56 1/2 ........................... .800 56 3/4 ........................... .813 57 ............................... .825 57 1/4 ........................... .839 57 1/2 ........................... .852 57 3/4 ........................... .865 58 ............................... .879 58 1/4 ........................... .893 58 1/2 ........................... .908 58 3/4 ........................... .923 59 ............................... .937 59 1/4 ........................... .953 59 1/2 ........................... .969 59 3/4 ........................... .985 60 ............................... 1.000 60 1/4 ........................... 1.017 60 1/2 ........................... 1.034 60 3/4 ........................... 1.050 61 ............................... 1.067 61 1/4 ........................... 1.084 61 1/2 ........................... 1.101 61 3/4 ........................... 1.119 62 ............................... 1.136 62 1/4 ........................... 1.154 62 1/2 ........................... 1.173 62 3/4 ........................... 1.191 63 and over ...................... 1.209 (b) The fractions specified in the above table shall be reduced by one-third as applied to that part of final compensation that does not exceed four hundred dollars ($400) per month for all service of a member any of whose service has been included in the federal system. This reduction shall not apply to a member employed by a contracting agency that enters into a contract after July 1, 1971, and elects not to be subject to this paragraph or with respect to service rendered after the termination of coverage under the federal system with respect to the coverage group to which the member belongs. (c) The improved retirement allowance provided by this section is granted subject to future reduction prior to a member's retirement, by offset of federal system benefits or otherwise, as the Legislature may from time to time deem appropriate because of changes in the federal system benefits. (d) With the exception of state miscellaneous members for service rendered for the California State University or the legislative or judicial branch of government, this section shall apply to state miscellaneous and state industrial members who are not employed by the state on or after January 1, 2000. (e) (1) This section shall apply to a state miscellaneous or industrial member who is employed by the state for the first time and becomes a state miscellaneous or industrial member of the system on or after the first day of the pay period following the effective date of the act adding this subdivision, and is represented by State Bargaining Unit 12, 16, 18, or 19. With respect to related state miscellaneous or industrial members in managerial, supervisory, or confidential positions and officers or employees of the executive branch of state government who are not members of the civil service, the Director of the Department of Personnel Administration may exercise his or her discretion whether to approve their status in writing to the board. (2) This subdivision does not apply to: (A) Former state employees previously employed before the first day of the pay period following the effective date of this subdivision, who return to state employment on or after the first day of the pay period following the effective date of this subdivision. (B) State employees hired prior to the first day of the pay period following the effective date of this subdivision, who were subject to Section 20281.5 during the first 24 months of state employment. (C) State employees hired prior to the first day of the pay period following the effective date of this subdivision, who become subject to representation by State Bargaining Unit 12, 16, 18, or 19 on or after the first day of the pay period following the effective date of the act adding this subdivision. (D) State employees on an approved leave of absence employed before the first day of the pay period following the effective date of this subdivision, who return to active employment on or after the first day of the pay period following the effective date of the act adding this subdivision. (f) (1) This section shall apply to a state miscellaneous or industrial member who is employed by the state for the first time and becomes a state miscellaneous or industrial member of the system on or after October 31, 2010, and is represented by State Bargaining Unit 5 or 8. With respect to related state miscellaneous or industrial members in managerial, supervisory, or confidential positions and officers or employees of the executive branch of state government who are not members of the civil service, the Director of the Department of Personnel Administration may exercise his or her discretion whether to approve their status in writing to the board. (2) This subdivision does not apply to: (A) Former state employees previously employed before October 31, 2010, who return to state employment on or after October 31, 2010. (B) State employees hired prior to October 31, 2010, who were subject to Section 20281.5 during the first 24 months of state employment. (C) State employees hired prior to October 31, 2010, who become subject to representation by State Bargaining Unit 5 or 8 on or after October 31, 2010. (D) State employees on an approved leave of absence employed before October 1, 2010, who return to active employment on or after October 31, 2010. (g) (1) Notwithstanding Section 3517.8 or any provision of an expired memorandum of understanding, this section shall also apply to a state miscellaneous or industrial member who is employed by the state, the Legislature, the judicial branch, or the California State University for the first time and becomes a member of the system on or after January 15, 2011. (2) If this subdivision is in conflict with a memorandum of understanding that is current and in effect on January 15, 2011, the memorandum of understanding shall be controlling while it remains in effect. Upon expiration of the memorandum of understanding that is in effect and current on January 15, 2011, this section shall be controlling and may not be superseded by a subsequent memorandum of understanding. (3) This subdivision does not apply to: (A) Former state, legislative, judicial branch, or university employees previously employed before January 15, 2011, who return to employment on or after January 15, 2011, and who were not previously subject to this section. (B) State employees hired prior to January 15, 2011, who were subject to Section 20281.5 during the first 24 months of state employment, and who were not previously subject to this section. (C) State, legislative, judicial branch, or university employees on an approved leave of absence employed before January 15, 2011, who return to active employment on or after January 15, 2011, and who were not previously subject to this section. 21353.5. The combined current and prior service pensions for a state miscellaneous or industrial member who has elected to be subject to the service retirement formula prescribed in this section, as provided by Sections 21071 and 21073.5, is a pension derived from the contributions of the employer sufficient, when added to the service retirement annuity that is derived from the accumulated normal contributions of the member at the date of retirement, to equal the fraction of one-fiftieth of the member's final compensation set forth opposite the member's age at retirement, taken to the preceding completed quarter year, in the following table, multiplied by the number of years of current and prior service, except service in a category of membership other than that credited under this section, with which the member is entitled to be credited at retirement: Age of Retirement Fraction 50 ................................ .546 50 1/4............................. .554 50 1/2............................. .562 50 3/4............................. .570 51 ................................ .578 51 1/4............................. .586 51 1/2............................. .595 51 3/4............................. .603 52 ................................ .612 52 1/4............................. .621 52 1/2............................. .630 52 3/4............................. .639 53 ................................ .648 53 1/4............................. .658 53 1/2............................. .668 53 3/4............................. .678 54 ................................ .688 54 1/4............................. .698 54 1/2............................. .709 54 3/4............................. .719 55 ................................ .730 55 1/4............................. .741 55 1/2............................. .753 55 3/4............................. .764 56 ................................ .776 56 1/4............................. .788 56 1/2............................. .800 56 3/4............................. .813 57 ................................ .825 57 1/4............................. .839 57 1/2............................. .852 57 3/4............................. .865 58 ................................ .879 58 1/4............................. .893 58 1/2............................. .908 58 3/4............................. .923 59 ................................ .937 59 1/4............................. .953 59 1/2............................. .969 59 3/4............................. .985 60 and over........................ 1.000 The fractions specified in the above table shall be reduced by one-third as applied to that part of final compensation which does not exceed four hundred dollars ($400) per month for all service of a member any of whose service has been included in the federal system. The retirement allowance provided by this section, which shall be effective for members who retire on and after April 1, 1998, is granted subject to future reduction prior to a member's retirement, by offset of federal system benefits or otherwise, as the Legislature may from time to time deem appropriate because of changes in such federal system benefits. 21353.5. The combined current and prior service pensions for a state miscellaneous or industrial member who has elected to be subject to the service retirement formula prescribed in this section, as provided by Sections 21071 and 21073.5, is a pension derived from the contributions of the employer sufficient, when added to the service retirement annuity that is derived from the accumulated normal contributions of the member at the date of retirement, to equal the fraction of one-fiftieth of the member's final compensation set forth opposite the member's age at retirement, taken to the preceding completed quarter year, in the following table, multiplied by the number of years of current and prior service, except service in a category of membership other than that credited under this section, with which the member is entitled to be credited at retirement: Age of Retirement Fraction 50 ................................ .546 50 1/4............................. .554 50 1/2............................. .562 50 3/4............................. .570 51 ................................ .578 51 1/4............................. .586 51 1/2............................. .595 51 3/4............................. .603 52 ................................ .612 52 1/4............................. .621 52 1/2............................. .630 52 3/4............................. .639 53 ................................ .648 53 1/4............................. .658 53 1/2............................. .668 53 3/4............................. .678 54 ................................ .688 54 1/4............................. .698 54 1/2............................. .709 54 3/4............................. .719 55 ................................ .730 55 1/4............................. .741 55 1/2............................. .753 55 3/4............................. .764 56 ................................ .776 56 1/4............................. .788 56 1/2............................. .800 56 3/4............................. .813 57 ................................ .825 57 1/4............................. .839 57 1/2............................. .852 57 3/4............................. .865 58 ................................ .879 58 1/4............................. .893 58 1/2............................. .908 58 3/4............................. .923 59 ................................ .937 59 1/4............................. .953 59 1/2............................. .969 59 3/4............................. .985 60 and over........................ 1.000 The fractions specified in the above table shall be reduced by one-third as applied to that part of final compensation which does not exceed four hundred dollars ($400) per month for all service of a member any of whose service has been included in the federal system. The retirement allowance provided by this section, which shall be effective for members who retire on and after April 1, 1998, is granted subject to future reduction prior to a member's retirement, by offset of federal system benefits or otherwise, as the Legislature may from time to time deem appropriate because of changes in such federal system benefits. 21353.5. (a) The combined current and prior service pensions for a state miscellaneous or state industrial member who has elected to be subject to the service retirement formula prescribed in this section, as provided by Sections 21071 and 21073.5, is a pension derived from the contributions of the employer sufficient, when added to the service retirement annuity that is derived from the accumulated normal contributions of the member at the date of retirement, to equal the fraction of one-fiftieth of the member's final compensation set forth opposite the member's age at retirement, taken to the preceding completed quarter year, in the following table, multiplied by the number of years of current and prior service, except service in a category of membership other than that credited under this section, with which the member is entitled to be credited at retirement: Age of Retirement Fraction 50 ................................ .546 50 1/4............................. .554 50 1/2............................. .562 50 3/4............................. .570 51 ................................ .578 51 1/4............................. .586 51 1/2............................. .595 51 3/4............................. .603 52 ................................ .612 52 1/4............................. .621 52 1/2............................. .630 52 3/4............................. .639 53 ................................ .648 53 1/4............................. .658 53 1/2............................. .668 53 3/4............................. .678 54 ................................ .688 54 1/4............................. .698 54 1/2............................. .709 54 3/4............................. .719 55 ................................ .730 55 1/4............................. .741 55 1/2............................. .753 55 3/4............................. .764 56 ................................ .776 56 1/4............................. .788 56 1/2............................. .800 56 3/4............................. .813 57 ................................ .825 57 1/4............................. .839 57 1/2............................. .852 57 3/4............................. .865 58 ................................ .879 58 1/4............................. .893 58 1/2............................. .908 58 3/4............................. .923 59 ................................ .937 59 1/4............................. .953 59 1/2............................. .969 59 3/4............................. .985 60 and over........................ 1.000 (b) The fractions specified in the above table shall be reduced by one-third as applied to that part of final compensation that does not exceed four hundred dollars ($400) per month for all service of a member any of whose service has been included in the federal system. (c) The retirement allowance provided by this section, which shall be effective for members who retire on and after April 1, 1998, is granted subject to future reduction prior to a member's retirement, by offset of federal system benefits or otherwise, as the Legislature may from time to time deem appropriate because of changes in the federal system benefits. (d) This section shall become inoperative on January 1, 2000. (e) The amendments to this section enacted during the first year of the 1999-2000 Regular Session are subject to the limitations set forth in Section 21251.13. 21354. The combined current and prior service pensions for a local miscellaneous member is a pension derived from the contribution of the employer sufficient, when added to the service retirement annuity that is derived from the accumulated normal contributions of the member at the date of retirement, to equal the fraction of one-fiftieth of the member's final compensation set forth opposite the member's age at retirement, taken to the preceding completed quarter year, in the following table, multiplied by the number of years of current and prior service except service in a category of membership other than that of local miscellaneous member with which the member is entitled to be credited at retirement: Age of Retirement Fraction 50................................ 0.713 50 1/4............................ 0.725 50 1/2............................ 0.737 50 3/4............................ 0.749 51................................ 0.761 51 1/4............................ 0.775 51 1/2............................ 0.788 51 3/4............................ 0.801 52................................ 0.814 52 1/4............................ 0.828 52 1/2............................ 0.843 52 3/4............................ 0.857 53................................ 0.871 53 1/4............................ 0.886 53 1/2............................ 0.902 53 3/4............................ 0.917 54................................ 0.933 54 1/4............................ 0.950 54 1/2............................ 0.966 54 3/4............................ 0.983 55................................ 1.000 55 1/4............................ 1.007 55 1/2............................ 1.013 55 3/4............................ 1.020 56................................ 1.026 56 1/4............................ 1.033 56 1/2............................ 1.039 56 3/4............................ 1.046 57................................ 1.052 57 1/4............................ 1.059 57 1/2............................ 1.065 57 3/4............................ 1.072 58................................ 1.078 58 1/4............................ 1.085 58 1/2............................ 1.091 58 3/4............................ 1.098 59................................ 1.105 59 1/4............................ 1.111 59 1/2............................ 1.118 59 3/4............................ 1.124 60................................ 1.131 60 1/4............................ 1.137 60 1/2............................ 1.144 60 3/4............................ 1.150 61................................ 1.157 61 1/4............................ 1.163 61 1/2............................ 1.170 61 3/4............................ 1.176 62................................ 1.183 62 1/4............................ 1.189 62 1/2............................ 1.196 62 3/4............................ 1.202 63................................ 1.209 The fraction specified in the above table shall be reduced by one-third as applied to that part of final compensation that does not exceed four hundred dollars ($400) per month for all services of a member any of whose service has been included in the federal system. This reduction shall not apply to a member employed by a contracting agency that enters into a contract after July 1, 1971, and who elects not to be subject to this paragraph or with respect to service rendered after the termination of coverage under the federal system with respect to the coverage group to which the member belongs. This section shall supersede Section 21353 with respect to all local miscellaneous members who retire after the date this section becomes applicable to their respective employers. This section shall not apply to a contracting agency nor its employees until the contracting agency elects to make all local miscellaneous members subject to it by amendment to its contract made in the 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 miscellaneous member shall be the effective date of the amendment to his or her employer's contract electing to be subject to this section. 21354.1. (a) The combined current and prior service pensions for school members, state miscellaneous or state industrial members, or university members who are subject to the provisions of this section is a pension derived from the contributions of the employer sufficient, when added to the service retirement annuity that is derived from the accumulated normal contributions of the member at the date of retirement, to equal the fraction of one-fiftieth of the member's final compensation set forth opposite the member's age at retirement, taken to the preceding completed quarter year, in the following table, multiplied by the number of years of current and prior service, except service in a category of membership other than that of a school member, state miscellaneous or state industrial member, or university member or service covered under this retirement formula with which the member is entitled to be credited at retirement: Age at retirement Fraction 50 ............................... 0.550 50 1/4 ........................... 0.573 50 1/2 ........................... 0.595 50 3/4 ........................... 0.618 51 ............................... 0.640 51 1/4 ........................... 0.663 51 1/2 ........................... 0.685 51 3/4 ........................... 0.708 52 ............................... 0.730 52 1/4 ........................... 0.753 52 1/2 ........................... 0.775 52 3/4 ........................... 0.798 53 ............................... 0.820 53 1/4 ........................... 0.843 53 1/2 ........................... 0.865 53 3/4 ........................... 0.888 54 ............................... 0.910 54 1/4 ........................... 0.933 54 1/2 ........................... 0.955 54 3/4 ........................... 0.978 55 ............................... 1.000 55 1/4 ........................... 1.008 55 1/2 ........................... 1.016 55 3/4 ........................... 1.024 56 ............................... 1.032 56 1/4 ........................... 1.040 56 1/2 ........................... 1.048 56 3/4 ........................... 1.055 57 ............................... 1.063 57 1/4 ........................... 1.071 57 1/2 ........................... 1.079 57 3/4 ........................... 1.086 58 ............................... 1.094 58 1/4 ........................... 1.102 58 1/2 ........................... 1.110 58 3/4 ........................... 1.118 59 ............................... 1.125 59 1/4 ........................... 1.134 59 1/2 ........................... 1.141 59 3/4 ........................... 1.149 60 ............................... 1.157 60 1/4 ........................... 1.165 60 1/2 ........................... 1.173 60 3/4 ........................... 1.180 61 ............................... 1.188 61 1/4 ........................... 1.196 61 1/2 ........................... 1.203 61 3/4 ........................... 1.211 62 ............................... 1.219 62 1/4 ........................... 1.227 62 1/2 ........................... 1.235 62 3/4 ........................... 1.243 63 and over ...................... 1.250 (b) The fraction specified in the above table shall be reduced by one-third as applied to that part of final compensation that does not exceed four hundred dollars ($400) per month for all service of a member any of whose service has been included in the federal system. This subdivision shall not apply to school members whose service is included in the federal system with respect to service performed on or after January 1, 2001. (c) This section shall supersede Section 21353 for all school members, all university members, and all state miscellaneous members, with respect to service rendered for the California State University or the legislative or judicial branch of government, who retire on or after January 1, 2000. (d) This section shall also supersede Section 21353 for state miscellaneous or state industrial members, for service not subject to subdivision (c), who are employed by the state on or after January 1, 2000, and who do not elect under Section 21070.5 to be subject to Second Tier benefits. (e) Operation and application of this section are subject to the limitations set forth in Section 21251.13. (f) Notwithstanding any other provision of this section, this section shall not apply to a state miscellaneous or industrial member who is employed by the state for the first time and becomes a state miscellaneous or industrial member of the system on or after the first day of the pay period following the effective date of the act adding this subdivision, and is represented by State Bargaining Unit 12, 16, 18, or 19. With respect to related state miscellaneous or industrial members in managerial, supervisory, or confidential positions and officers or employees of the executive branch of state government who are not members of the civil service, the Director of the Department of Personnel Administration may exercise his or her discretion whether to approve their status in writing to the board. (g) Notwithstanding any other provision of this section, this section shall not apply to a state miscellaneous or industrial member who is employed by the state for the first time and becomes a state miscellaneous or industrial member of the system on or after October 31, 2010, and is represented by State Bargaining Unit 5 or 8. With respect to related state miscellaneous or industrial members in managerial, supervisory, or confidential positions and officers or employees of the executive branch of state government who are not members of the civil service, the Director of the Department of Personnel Administration may exercise his or her discretion whether to approve their status in writing to the board. (h) (1) Notwithstanding Section 3517.8 or any provision of an expired memorandum of understanding, or any other provision of this section, this section shall not apply to a state miscellaneous or industrial member who is employed by the state, the Legislature, the judicial branch, or the California State University for the first time and becomes a member of the system on or after January 15, 2011. (2) If this subdivision is in conflict with a memorandum of understanding that is current and in effect on January 15, 2011, the memorandum of understanding shall be controlling while it remains in effect. Upon expiration of the memorandum of understanding that is in effect and current on January 15, 2011, this section shall be controlling and may not be superseded by a subsequent memorandum of understanding. 21354.3. (a) The combined current and prior service pensions for a local miscellaneous member is a pension derived from the contributions of the employer sufficient, when added to the service retirement annuity that is derived from the accumulated normal contributions of the member at the date of retirement, to equal the fraction of one-fiftieth of the member's final compensation set forth opposite the member's age at retirement, taken to the preceding completed quarter year, in the following table, multiplied by the number of years of current and prior service except service in a category of membership other than that of local miscellaneous member with which the member is entitled to be credited at retirement: Age at Retirement Fraction 50 ............................ 1.0000 50 1/4......................... 1.0125 50 1/2......................... 1.0250 50 3/4......................... 1.0375 51 ............................ 1.0500 51 1/4......................... 1.0625 51 1/2......................... 1.0750 51 3/4......................... 1.0875 52 ............................ 1.1000 52 1/4......................... 1.1125 52 1/2......................... 1.1250 52 3/4......................... 1.1375 53 ............................ 1.1500 53 1/4......................... 1.1625 53 1/2......................... 1.1750 53 3/4......................... 1.1875 54 ............................ 1.2000 54 1/4......................... 1.2125 54 1/2......................... 1.2250 54 3/4......................... 1.2375 55............................. 1.2500 55 1/4......................... 1.2625 55 1/2......................... 1.2750 55 3/4......................... 1.2875 56............................. 1.3000 56 1/4......................... 1.3125 56 1/2......................... 1.3250 56 3/4......................... 1.3375 57............................. 1.3500 57 1/4......................... 1.3625 57 1/2......................... 1.3750 57 3/4......................... 1.3875 58............................. 1.4000 58 1/4......................... 1.4125 58 1/2......................... 1.4250 58 3/4......................... 1.4375 59............................. 1.4500 59 1/4......................... 1.4625 59 1/2......................... 1.4750 59 3/4......................... 1.4875 60 and over.................... 1.5000 (b) The fraction specified in the above table shall be reduced by one-third as applied to that part of final compensation that does not exceed four hundred dollars ($400) per month for all services of a member any of whose service has been included in the federal system. This reduction shall not apply to a member employed by a contracting agency that enters into a contract after July 1, 1971, and who elects not to be subject to this subdivision or with respect to service rendered after the termination of coverage under the federal system with respect to the coverage group to which the member belongs. (c) This section shall supersede Sections 21353, 21354, 21354.1, 21354.4, and 21354.5 with respect to a local miscellaneous member who is employed by a contracting agency on or after the date this section becomes applicable to the contracting agency. (d) This section shall not apply to a contracting agency nor its employees until the contracting agency elects to make all local miscellaneous members subject to it by amendment to its contract made in the 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 miscellaneous member shall be the effective date of the amendment to his or her employer's contract electing to be subject to this section. (e) (1) Notwithstanding subdivision (d) and for purposes of this subdivision, "Riverside County contracting agency" means any of the following: (A) County of Riverside. (B) County of Riverside Regional Park and Open-Space District. (C) County of Riverside Waste Resources Management District. (D) County of Riverside Flood Control and Water Conservation District. (2) This section shall apply to a former employee of a Riverside County contracting agency if that former employee is currently employed by another Riverside County contracting agency. This section shall not apply to a Riverside County contracting agency nor the current or former employees of that Riverside County contracting agency until the Riverside County contracting agency elects to make all local miscellaneous members subject to this section by amendment to the contract of that Riverside County contracting agency, made in the manner prescribed for approval of contracts, or in the case of a new contract, by express provision of the contract. The provisions of this section shall apply with respect to a local miscellaneous member on the effective date of the amendment to the Riverside County contracting agency's contract electing to be subject to this section. 21354.4. (a) The combined current and prior service pensions for a local miscellaneous member is a pension derived from the contributions of the employer sufficient, when added to the service retirement annuity that is derived from the accumulated normal contributions of the member at the date of retirement, to equal the fraction of one-fiftieth of the member's final compensation set forth opposite the member's age at retirement, taken to the preceding completed quarter year, in the following table, multiplied by the number of years of current and prior service except service in a category of membership other than that of local miscellaneous member with which the member is entitled to be credited at retirement: Age at Retirement Fraction 50 ............................ 1.0000 50 1/4......................... 1.0125 50 1/2......................... 1.0250 50 3/4......................... 1.0375 51 ............................ 1.0500 51 1/4......................... 1.0625 51 1/2......................... 1.0750 51 3/4......................... 1.0875 52 ............................ 1.1000 52 1/4......................... 1.1125 52 1/2......................... 1.1250 52 3/4......................... 1.1375 53 ............................ 1.1500 53 1/4......................... 1.1625 53 1/2......................... 1.1750 53 3/4......................... 1.1875 54 ............................ 1.2000 54 1/4......................... 1.2125 54 1/2......................... 1.2250 54 3/4......................... 1.2375 55 and over.................... 1.2500 (b) The fraction specified in the above table shall be reduced by one-third as applied to that part of final compensation that does not exceed four hundred dollars ($400) per month for all service of a member any of whose service has been included in the federal system. This reduction shall not apply to a member employed by a contracting agency that enters into a contract after July 1, 1971, and who elects not to be subject to this subdivision or with respect to service rendered after the termination of coverage under the federal system with respect to the coverage group to which the member belongs. (c) This section shall supersede Sections 21353, 21354, and 21354.1, with respect to a local miscellaneous member who is employed by a contracting agency on or after the date this section becomes applicable to the contracting agency. (d) This section shall not apply to a contracting agency nor its employees until the contracting agency elects to make all local miscellaneous members subject to it by amendment to its contract made in the 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 miscellaneous member shall be the effective date of the amendment to his or her employer's contract electing to be subject to this section. 21354.5. (a) The combined current and prior service pensions for a local miscellaneous member is a pension derived from the contributions of the employer sufficient, when added to the service retirement annuity that is derived from the accumulated normal contributions of the member at the date of retirement, to equal the fraction of one-fiftieth of the member's final compensation set forth opposite the member's age at retirement, taken to the preceding completed quarter year, in the following table, multiplied by the number of years of current and prior service, except service in a category of membership other than that of a local miscellaneous member, with which the member is entitled to be credited at retirement: Age at Retirement Fraction 50 ............................... 1.0000 50 1/4............................ 1.0175 50 1/2............................ 1.0350 50 3/4............................ 1.0525 51 ............................... 1.0700 51 1/4............................ 1.0875 51 1/2............................ 1.1050 51 3/4............................ 1.1225 52 ............................... 1.1400 52 1/4............................ 1.1575 52 1/2............................ 1.1750 52 3/4............................ 1.1925 53 ............................... 1.2100 53 1/4............................ 1.2275 53 1/2............................ 1.2450 53 3/4............................ 1.2625 54 ............................... 1.2800 54 1/4............................ 1.2975 54 1/2............................ 1.3150 54 3/4............................ 1.3325 55 and over....................... 1.3500 (b) The fractions specified in the above table shall be reduced by one-third as applied to that part of final compensation that does not exceed four hundred dollars ($400) per month for all service of a member any of whose service has been included in the federal system. This reduction shall not apply to a member employed by a contracting agency that enters into a contract after July 1, 1971, and elects not to be subject to this subdivision or with respect to service rendered after the termination of coverage under the federal system with respect to the coverage group to which the member belongs. (c) This section shall supersede Sections 21353, 21354, 21354.1, and 21354.4 with respect to a local miscellaneous member who is employed by a contracting agency on or after the date this section becomes applicable to the contracting agency. (d) This section shall not apply to a contracting agency nor its employees until the contracting agency elects to make all local miscellaneous members subject to it by amendment to its contract made in the 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 miscellaneous member shall be the effective date of the amendment to his or her employer's contract electing to be subject to this section. 21355. Notwithstanding Sections 21353, 21354, and 21354.1, if the modification to the federal-state agreement occurred on or after July 1, 1971, whenever the fraction of final compensation is reduced pursuant to Section 21353, 21354, or 21354.1 because service of a member has been included in the federal system, the reduction shall apply only as to service after the effective date of the member's coverage under the federal system. This section shall apply to those members whose effective date of retirement is on or after July 1, 1971. 21356. (a) A member who elects, pursuant to Article 1.7 (commencing with Section 19996.30) of Chapter 7 of Part 2.6 or pursuant to Sections 21110 through 21115, to participate in partial service retirement, while so participating, shall receive a reduced service retirement allowance. The reduced service retirement allowance shall be the amount of the service retirement allowance to which the employee would otherwise have been entitled had he or she fully retired on the effective date of the partial service retirement, reduced by the percentage of the employee's full-time work which the employee has elected to work while on partial service retirement. (b) Article 6 (commencing with Section 21450) shall not apply to an employee who is participating in reduced worktime for partial service retirement. (c) For a member who elects pursuant to Article 1.7 (commencing with Section 19996.30) of Chapter 7 of Part 2.6 or pursuant to Sections 21110 through 21115 to become fully retired, the current service pension, or current and prior service pensions, as the case may be, upon his or her full service retirement shall be (1) the sum of a current service pension calculated on the basis of service rendered during participation in reduced worktime in accordance with the formula applicable to his or her current service pension, plus his or her current service pension, or current and prior service pensions, as the case may be, as it was prior to his or her full service retirement, provided that full service retirement occurs before he or she renders, while participating in reduced worktime for partial service retirement, one year of state service credited under this system; or (2) if he or she has rendered one year or more of state service while participating in reduced worktime for partial service retirement, a current service pension, or current and prior service pensions, as the case may be, based on the total years of service with which the member is entitled to be credited, calculated on the basis of the formula currently applicable to the employment in which the service was rendered. A member shall receive service credit for service during participation in reduced worktime for partial retirement and service credited at the time of the election to participate in reduced worktime for partial retirement. 21357. (a) For a member reinstated from service retirement or partial service retirement, the current service pension, or current and prior service pensions, as the case may be, upon his or her service retirement subsequent to the reinstatement, shall be the sum of (1) a current service pension calculated on the basis of service rendered after reinstatement in accordance with the formula applicable to him or her in that service and membership, plus, (2) if the subsequent retirement occurs before he or she renders, after his or her reinstatement, at least one year of state service credited under this system, or if the subsequent service or disability retirement occurs after his or her reinstatement from service or disability retirement pursuant to an election under Section 21465, his or her current service pension, or current and prior service pensions, as the case may be, as it was prior to his or her reinstatement, adjusted for any service on which the pension was based that was included in coverage of the federal system during reinstatement according to the formula applicable to the service in employment for which he or she was retired, and further adjusted according to any change after reinstatement in the provisions governing the calculation of his or her pension that would have applied to him or her had he or she continued in retirement but been subject to the formula applied in the first adjustment; or, for state miscellaneous and state industrial service subject to Section 21076, in lieu of (2), plus (3) a current service pension, or current and prior service pensions, as the case may be, as it would have been prior to his or her reinstatement under the formula applicable to Section 21076, adjusted for any service on which the pension was based that was included in coverage of the federal system during reinstatement according to the formula applicable to the service in employment for which he or she was retired, and further adjusted according to any change after reinstatement in the provisions governing the calculations of his or her pension that would have applied to him or her had he or she continued in retirement and been subject to the formula applicable to Section 21076, or if he or she has rendered one year or more of state service after reinstatement, in lieu of (2) or (3), plus (4), a current service pension based on current service rendered prior to reinstatement, calculated on the basis of the formula currently applicable to the employment in which the service was rendered but on the basis of an age taken to the preceding completed quarter year but not less than the minimum retirement age applicable to him or her at his or her last retirement and determined by deducting from his or her age at his or her subsequent retirement, the aggregate time during which he or she was under retirement. For a member reinstated from nonindustrial disability retirement, the current service pension upon his or her service retirement after attaining an age one year less than the minimum age at which he or she could have retired without an actuarial discount because of age in the employment from which he or she was last retired, or upon his or her disability retirement after attaining the minimum age, and subsequent to reinstatement, shall be calculated in the manners described in the preceding sentence, but the age determined upon subsequent retirement after rendering at least one year of state service credited under this system shall not be taken at less than one year less than the minimum age if the subsequent retirement is for service, or the minimum age if the retirement is for disability. (b) The current service pension otherwise payable under this section to a member whose allowance prior to reinstatement was paid pursuant to his or her election under Section 21461 shall be reduced by the actuarial equivalent, on the date of retirement subsequent to reinstatement, of the amount (converted as below), if any, by which: (1) The total amount paid in the period during which a temporary annuity was included in the payments, reduced by the total amount that would have been payable during that period had the election not been made, exceeds (2) The excess of the total amount that would have been payable, had the election not been made, during the time subsequent to that period and prior to reinstatement, over the total amount actually paid during that time. The amount determined by the above formula shall be converted to an amount equaling the actuarial equivalent on the date of reinstatement and this latter amount shall be the basis of the actuarial equivalent on the date of retirement subsequent to reinstatement. Actuarial equivalents required by this section shall be based on the interest rate and mortality tables in use by this system on the date of retirement subsequent to reinstatement. (c) Notwithstanding this section, or any other provision of this part, the current service pension payable to any member subject to this section who rendered one year or more of state service credited under this system after reinstatement on retirement for service subsequent to reinstatement from service retirement for any credited service for which a current service pension was paid prior to reinstatement shall not be less than the current service pension that would be payable on the date of the subsequent retirement had the member not been reinstated. For state miscellaneous and state industrial service subject to Section 21076, the current service pension payable for any credited service for which a current service pension was paid prior to reinstatement shall not be less than the current service pension that would have been payable on the date of the subsequent retirement had the member's retirement been subject to the formula under Section 21076 and had not been reinstated, adjusted, however, by any reduction under this section because of an election under Section 21461 and, for any service so credited that was included in coverage of the federal system during reinstatement, according to the formula applicable to the service in employment from which he or she was retired. 21358. Notwithstanding Section 21357, the retirement allowance of a state member, other than a university member, payable upon retirement within one year of reinstatement from an earlier retirement of six months or less and based on service prior to reinstatement shall not include any allowance based on service credited under Section 20963. This section shall not apply to school members. 21359. Notwithstanding Section 21357, in determining the method of calculation of subsequent retirement benefits for a university employee who, on the date of reemployment and reinstatement from retirement, did not have the right to elect membership in this system, the service rendered under the University of California Retirement Plan after reemployment and reinstatement shall be considered service rendered under this system. 21362. (a) The current service pension for patrol members and the combined current and prior service pensions for local safety members with respect to local safety service rendered to a contracting agency that is subject to this section is a pension derived from the contributions of the employer sufficient when added to the service retirement annuity that is derived from the accumulated normal contributions of the patrol member or local safety member at the date of his or her retirement to equal the fraction of one-fiftieth of his or her final compensation set forth opposite his or her age at retirement taken to the preceding completed quarter year, in the following table, multiplied by the number of years of patrol service and local safety service subject to this section with which he or she is credited at retirement: Age at retirement Fraction 50 ............................... 1.0000 50 1/4............................ 1.0175 50 1/2............................ 1.0350 50 3/4............................ 1.0525 51 ............................... 1.0700 51 1/4............................ 1.0875 51 1/2............................ 1.1050 51 3/4............................ 1.1225 52 ............................... 1.1400 52 1/4............................ 1.1575 52 1/2............................ 1.1750 52 3/4............................ 1.1925 53 ............................... 1.2100 53 1/4............................ 1.2275 53 1/2............................ 1.2450 53 3/4............................ 1.2625 54 ............................... 1.2800 54 1/4............................ 1.2975 54 1/2............................ 1.3150 54 3/4............................ 1.3325 55 and over....................... 1.3500 (b) (1) Except as otherwise provided in this subdivision, the current service pension and the combined current and prior service pensions under this section for all service to all employers shall not exceed an amount that, when added to the service retirement annuity related to that service, equals 75 percent of final compensation. (2) For state members, with respect to service for all state employers under this section, the benefit shall not exceed: (A) Eighty percent of final compensation for state members who retire on or after January 1, 1995, and prior to January 1, 1999. (B) Eighty-five percent of final compensation for state members who retire on or after January 1, 1999, and prior to January 1, 2000. (C) Ninety percent of final compensation for state members who retire on or after January 1, 2000. (3) For local safety members who retire on or after January 1, 2000, the benefit shall not exceed 85 percent of final compensation. (4) If the pension relates to service to more than one employer and would otherwise exceed that maximum, the pension payable with respect to each employer shall be reduced in the same proportion as the allowance based on service to that employer bears to the total allowance computed as though there were no limit, so that the total of the pensions shall equal the maximum. Where a state or local member retiring on or after January 1, 1995, has service under this section with both state and local agency employers, the higher maximum shall apply and the additional benefit shall be funded by increasing the member's pension payable with respect to the employer for whom the member performed the service subject to the higher maximum. (c) This section shall not apply to any contracting agency, unless and until the agency elects to be subject to the provisions of this section by amendment to its contract made in the manner prescribed for approval of contracts or, in the case of contracts made after the date this section is operative, by express provision in the contract making the contracting agency subject to the provisions of this section. (d) This section shall supersede Section 21363, 21366, 21368, 21369, or 21370, whichever is then applicable, with respect to patrol and local safety members who retire after the date this section becomes applicable to their respective employers. (e) This section shall not apply to state safety or state peace officer/firefighter members. (f) With respect to patrol members, this section shall only apply to patrol members who are not employed by the state on or after January 1, 2000. (g) The Legislature reserves, with respect to any member subject to this section, the right to provide for the adjustment of industrial disability retirement allowances because of earnings of a retired person and modification of the conditions and qualifications required for retirement for disability as it may find appropriate because of the earlier ages of service retirement made possible by the benefits under this section. 21362.2. (a) Upon attaining the age of 50 years or more, the combined current and prior service pension for state patrol members and for local safety members with respect to local safety service rendered to a contracting agency that is subject to the provisions of this section is a pension derived from the contributions of the employer sufficient when added to the service retirement annuity that is derived from the accumulated normal contributions of the member at the date of his or her retirement to equal 3 percent of his or her final compensation at retirement, multiplied by the number of years of patrol service or local safety service subject to this section with which he or she is credited at retirement. (b) In no event shall the current service pension and the combined current and prior service pensions under this section for all service to all employers exceed an amount that, when added to the service retirement annuity related to that service, equals 85 percent of final compensation. For state patrol members with respect to service for all state employers under this section, the benefit shall not exceed 90 percent of final compensation. If the pension relates to service to more than one employer and would otherwise exceed that maximum, the pension payable with respect to each employer shall be reduced in the same proportion as the allowance based on service to that employer bears to the total allowance computed as though there were no limit, so that the total of the pensions shall equal the maximum. Where a state or local member has service under this section with both state and local agency employers, the higher maximum shall apply and the additional benefit shall be funded by increasing the member's pension payable with respect to the employer for whom the member performed the service subject to the higher maximum. (c) For patrol members employed by the state on or after January 1, 2000, this section shall supersede Section 21362. (d) This section shall not apply to state safety or state peace officer/firefighter members. (e) This section shall not apply to any contracting agency nor its employees unless and until the agency elects to be subject to the provisions of this section by amendment to its contract made in the manner prescribed for approval of contracts or, in the case of contracts made after the date this section becomes operative, by express provision in the contract making the contracting agency subject to this section. The operative date of this section for a local safety member shall be the effective date of the amendment to his or her employer's contract electing to be subject to this section. (f) This section shall supersede Section 21362, 21363, 21363.1, 21366, 21368, 21369, or 21370, whichever is then applicable, with respect to local safety members who retire after the date this section becomes applicable to their respective employers. (g) The Legislature reserves, with respect to any member subject to this section, the right to provide for the adjustment of industrial disability retirement allowances because of earnings of a retired person and modification of the conditions and qualifications required for retirement for disability as it may find appropriate because of the earlier ages of service retirement made possible by the benefits under this section. (h) Operation and application of this section is subject to the limitations set forth in Section 21251.13. (i) Notwithstanding any other provision of this section, this section shall not apply to a state patrol member who is employed by the state for the first time and becomes a state patrol member of the system on or after October 31, 2010, and is represented by State Bargaining Unit 5. With respect to related state patrol members in managerial, supervisory, or confidential positions and officers or employees of the executive branch of state government who are not members of the civil service, the Director of the Department of Personnel Administration may exercise his or her discretion whether to approve their status in writing to the board. 21362.3. (a) Notwithstanding subdivision (b) of Section 21362.2, for the California Highway Patrol Commissioner, with respect to service to all state employers under Section 21362.2, the benefit may not exceed 100 percent of final compensation. (b) This section shall become inoperative on January 1, 2008, unless a later enacted statute deletes or extends that date. 21363. (a) The combined current and prior service pensions for state peace officer/firefighter members subject to this section with respect to state peace officer/firefighter service and the combined current and prior service pensions for local safety members with respect to local safety service rendered to a contracting agency that is subject to this section is a pension derived from the contributions of the employer sufficient when added to the service retirement annuity that is derived from the accumulated normal contributions of the state peace officer/firefighter or local safety member at the date of his or her retirement to equal the fraction of one-fiftieth of his or her final compensation set forth opposite his or her age at retirement taken to the preceding completed quarter year, in the following table, multiplied by the number of years of state peace officer/firefighter service or local safety service subject to this section with which he or she is credited at retirement: Age at Retirement Fraction 50 ............................ 1.0000 50 1/4......................... 1.0125 50 1/2......................... 1.0250 50 3/4......................... 1.0375 51 ............................ 1.0500 51 1/4......................... 1.0625 51 1/2...

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