SECTIONS 22960.95-22960.100 - California Statutes

GOVERNMENT CODE

SECTION 22960.95-22960.100

22960.95. Notwithstanding any other provision of this part, a
participant, nonparticipant spouse, or beneficiary shall not be
permitted to elect a distribution under this part that does not
satisfy the requirements of Section 401(a)(9) of Title 26 of the
United States Code, including the incidental death benefit
requirements of Section 401(a)(9)G and the regulations thereunder.
The required beginning date of distributions that reflect the entire
interest of the participant shall be as follows:
(a) In the case of a lump-sum distribution to the participant, the
lump-sum payment shall be made not later than April 1 of the
calendar year following the later of the calendar year in which the
participant attains the age of 70 and a half years or the calendar
year in which the participant terminates all employment for the
employer.
(b) In the case of a distribution to the participant in the form
of installment payments or an annuity, payment shall begin not later
than April 1 of the calendar year following the later of the calendar
year in which the participant attains the age of 70 and a half years
or the calendar year in which the participant terminates all
employment subject to coverage by the plan.
(c) In the case of a benefit payable on account of the participant'
s death, distributions shall be paid no later than December 31 of the
calendar year in which the fifth anniversary of the participant's
date of death occurs unless the beneficiary is the participant's
spouse in which case distributions must commence on or before the
later of either:
(1) December 31 of the calendar year immediately following the
calendar year in which the participant dies.
(2) December 31 of the calendar year in which the participant
would have attained the age of 70 and a half years.

22960.96. (a) Distributions from the plan shall be made as soon as
practicable after the first valuation date immediately following the
date of the application.
(b) Notwithstanding Chapter 3 (commencing with Section 13100) of
Part 1 of Division 8 of the Probate Code or any other law to the
contrary, the death benefit payable under the plan may be requested
by the beneficiary and paid as soon as practicable following receipt
of proof of the participant's death.

22960.97. If a person becomes entitled to a distribution from the
plan that constitutes an eligible rollover distribution within the
meaning of Section 401(a)(31) of Title 26 of the United States Code,
the person may elect under terms and conditions established by the
board to have the distribution or a portion thereof paid directly to
a plan that constitutes an eligible retirement plan within the
meaning of Section 401(a)(31), as specified by that person. Upon the
exercise of the election by a person with respect to a distribution
or a portion thereof, the distribution by the plan of the amount so
designated, once distributable under the terms of the plan, shall be
made in the form of a direct rollover to the eligible retirement plan
so specified.

22960.98. Except as otherwise provided in this part, all
distributions shall be made directly from the fund to the participant
or beneficiary. To the extent required by federal and state law,
income and other taxes shall be withheld from each benefit payment,
and the payment shall be reported to the appropriate governmental
agency or agencies.

22960.99. (a) The plan's obligations to a participant, beneficiary,
or nonparticipant spouse who has applied for a lump-sum benefit
cease upon distribution of the lump-sum benefit.
(1) Deposit in the United States mail of a warrant drawn in favor
of the participant, beneficiary, or nonparticipant spouse and
addressed to the latest address on file for that person constitutes
distribution of the benefit.
(2) Deposit in the United States mail of a notice that the
requested electronic funds transfer has been made as directed by the
participant, beneficiary, or nonparticipant spouse constitutes
distribution of the benefit.
(3) If the participant, beneficiary, or nonparticipant spouse has
elected on a form prescribed by the board to transfer all or a
specific portion of the account that is eligible for a direct
trustee-to-trustee transfer under Section 401(a)(31) of Title 26 of
the United States Code, deposit in the United States mail of a notice
that the requested transfer has been made constitutes distribution
of the benefit.
(b) The plan's obligations to a participant, beneficiary, or
nonparticipant spouse who elected to receive a benefit in the form of
installment payments or an annuity cease upon distribution of the
final payment.
(1) Deposit in the United States mail of a warrant drawn in favor
of the participant, beneficiary, or nonparticipant spouse and
addressed to the latest address on file for that person constitutes
distribution of the benefit.
(2) Deposit in the United States mail of a notice that the
requested electronic funds transfer has been made as directed by the
participant, beneficiary, or nonparticipant spouse constitutes
distribution of the benefit.
(c) Distribution under paragraph (1), (2), or (3) of subdivision
(a) or paragraph (1) or (2) of subdivision (b) pursuant to the board'
s determination in good faith of the existence, identity, or other
facts relating to entitlement of persons constitutes a complete
discharge and release of the board, system, and plan from liability
for payments.

22960.100. (a) Notwithstanding any other provision of law, the plan
established by this part shall also apply to state peace officer and
firefighter members in State Bargaining Unit 8 who have become
subject to this part by a memorandum of understanding, as provided in
Section 3517.5.
(b) The plan may also be provided to state peace officers or
firefighters who are either excluded from the definition of state
employee in subdivision (c) of Section 3513, or are nonelected
officers or employees of the executive branch of government and are
not members of the civil service, and who supervise employees in a
bargaining unit that is subject to this part, provided that the
Department of Personnel Administration has approved their inclusion
for coverage under this part.