SECTIONS 22300-22308 - California Statutes

GOVERNMENT CODE

SECTION 22300-22308

22300. Unless otherwise provided in this article the board shall
authorize a referendum among the eligible employees of any retirement
system coverage group upon the request of the legislative or
governing body of any public agency having employees in such
retirement system coverage group.

22301. In the case of employees in positions covered by a
retirement system as set forth in subdivision (i) of Section 22009.1,
such request may be made by such officials as the board deems
necessary to carry out the provisions of this part as they relate to
such system.

22302. In the case of employees in positions covered by the
retirement system set forth in subdivision (d) of Section 22009.1,
the Teachers' Retirement Board shall conduct the referendum; if the
referendum is authorized by the Legislature.
In the case of employees in positions covered by the retirement
system set forth in subdivision (g) of Section 22009.1 the board
shall authorize the referendum upon the request of the Regents of the
University of California and the regents shall conduct the
referendum.
In the case of employees in positions covered by the retirement
system set forth in subdivision (l) of Section 22009.1, the board
shall authorize the referendum upon the request of the governing body
of a public agency, as defined by Section 22009.03.

22303. In the case of employees in positions covered by the
retirement systems set forth in subdivision (f) of Section 22009.1,
the board shall conduct each such referendum; provided, that each
such referendum is authorized by the Legislature.

22304. The referendum shall be conducted, and the Governor or any
other state agency or state official now or hereafter authorized by
federal law shall designate an agency or individual to supervise its
conduct, in accordance with the requirements of Section 218(d) of the
Social Security Act, on the question of whether service in positions
covered by a retirement system established by the State or by a
political subdivision or agency thereof should be excluded from or
included under an agreement under this chapter. The notice of
referendum required by Section 218(d)(3)(C) of the Social Security
Act to be given to employees shall contain or shall be accompanied by
a statement, in such form and such detail as the agency or
individual designated to supervise the referendum shall deem
necessary and sufficient to inform the employees of the rights and
benefits which will accrue to them and their dependents and
survivors, and the liabilities to which they will be subject if their
services are included under an agreement under this part. Such
statement shall include a general explanation of the modification, if
any, of the existing retirement plan that may result therefrom. It
is not intended that any modification of any existing retirement plan
must result, nor that a plan of maintaining full benefits of the
local system together with full benefits of the federal system shall
be precluded.

22305. Upon receiving evidence satisfactory to him that with
respect to any referendum the conditions specified in Section 218(d)
(3) 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.

22307. If for any reason it is determined that any eligible
retirement system employee was not given an opportunity to vote in
the referendum conducted with respect to the retirement system of
which he was a member at the time of the referendum, or that an
employee who was permitted to vote in such referendum was not an
eligible retirement system employee at that time, such determination
shall not invalidate the results of such referendum if a majority of
the eligible retirement system employees under such retirement system
voted in such referendum in favor of inclusion under the federal
system.

22308. This article does not apply to a retirement system composed
of the positions of members of a divided system who desire coverage
under the federal system as defined in subdivision (m) of Section
22009.1 and wherever in this part the conduct of a referendum is made
a condition, the condition shall be fully satisfied by compliance
with Article 2.5 (commencing with Section 22150) of Chapter 1 as to
that retirement system.