SECTIONS 22150-22156 - California Statutes

GOVERNMENT CODE

SECTION 22150-22156

22150. Unless otherwise provided in this article, the board shall
authorize a division of a retirement system upon the request of any
public agency having employees in positions covered by the system or
upon authorization of the Legislature. An election among members of
the system shall not be required. A retirement system as defined in
subdivisions (d) and (f) of Section 22009.1 shall be divided pursuant
to this article only if the division is otherwise authorized by the
Legislature. The board shall designate the person to conduct the
division, as defined in subdivision (m) of Section 22009.1, of a
retirement system.
For purposes of this section and all coverage procedures under
this part subsequent to division of the retirement system defined in
subdivision (g) of Section 22009.1 the University of California shall
be deemed to be a public agency.

22151. The division shall be conducted in accordance with Section
218(d)(7) of the Social Security Act and applicable federal and board
rules and regulations by the person or body designated under Article
2, Chapter 2 of this part to conduct a referendum in the system to
be divided.

22151.1. A county superintendent of schools whose employees are
deemed county employees may request a division and give notice of a
division in anticipation of a finding that his office is a separate
public agency. Upon such request, the county superintendent's office
shall be deemed to be a public agency for purposes of this article.

22152. Upon receiving evidence satisfactory to him with respect to
any division of a retirement system that the conditions specified in
Section 218(d)(7) of the Social Security Act have been met, the
Governor or any other state official now or hereafter authorized by
federal law, shall so certify to the federal agency.

22152.7. Notwithstanding the provisions contained in a charter of
any chartered city, the legislative body of such a city may by
ordinance provide that employees may either add or combine old age,
survivors, and disability insurance with any existing pension system.
The board subsequent to the passage of such an ordinance may,
pursuant to this part, divide the retirement system of such city for
coverage of members of such system under the federal system upon
terms and conditions as the board and legislative body may determine.

22155. Whenever, on the request of the governing body of a public
agency, a retirement system has been divided pursuant to this
article, the board, on the request of the governing body, shall
execute in conformity with Section 218 of the Social Security Act and
applicable federal regulations a modification to the agreement
providing for transfer to the system as defined in paragraph (1) of
subdivision (m) of Section 22009.1 created by the division, the
position of any member included in the system, as defined in
paragraph (2) of subdivision (m) of Section 22009.1, who requests a
transfer pursuant to Section 218(d)(6)(F) of the Social Security Act
and board rules.

22156. (a) A division of the State Teachers' Retirement Plan is
hereby authorized by the Legislature to provide Medicare coverage for
employees of a public agency, as defined in Section 22009.03, upon
the request of the public agency.
(b) The division authorized by subdivision (a) shall be conducted
pursuant to this article.
(c) A member of the State Teachers' Retirement Plan on whose
behalf a request is made pursuant to subdivision (a) may elect to be
covered by Medicare, pursuant to Section 218 of the federal Social
Security Act (42 U.S.C. Sec. 418), and applicable federal regulations
if all of the following apply:
(1) The member was employed in a position covered by the plan on
March 31, 1986.
(2) The member has not since been mandated into Medicare coverage
due to the enactment of Public Law 99-272.
(3) The member is in a position covered or the member is eligible
to elect to be covered by the retirement system on the date of the
division.
(d) The public agency shall immediately make an application
pursuant to Chapter 2 (commencing with Section 22200) of this part
for Medicare coverage for those members who have elected to receive
Medicare coverage.
(e) The effective date of the coverage may be retroactive, but not
earlier than the last day of the sixth calendar year preceding the
year in which the agreement or modifications, as the case may be, is
submitted to the Commissioner of Social Security.