SECTIONS 75025-75035 - California Statutes

GOVERNMENT CODE

SECTION 75025-75035

75025. Every judge who has the age and service qualifications
specified in one of the following subdivisions, and who is not
ineligible for retirement under Section 75026, shall be retired for
service upon filing notice of retirement with the Judges' Retirement
System, specifying the date upon which his or her retirement is to
become effective:
(a) Age 70 or older, with an aggregate of 10 years of service as a
judge within the 15 years immediately preceding the effective date
of retirement.
(b) Age 69, with an aggregate of 12 years of service as a judge
within the 16 years immediately preceding the effective date of
retirement.
(c) Age 68, with an aggregate of 14 years of service as a judge
within the 18 years immediately preceding the effective date of
retirement.
(d) Age 67, with an aggregate of 16 years of service as a judge
within the 20 years immediately preceding the effective date of
retirement.
(e) Age 66, with an aggregate of 18 years of service as a judge
within the 22 years immediately preceding the effective date of
retirement.
(f) Age 65, with an aggregate of 20 years of service as a judge
within the 24 years immediately preceding the effective date of
retirement.
(g) Age 70 or older, with an aggregate of 20 years of service as a
judge, the last five years of which has been served immediately
preceding the effective date of retirement.
(h) Age 60, with an aggregate of 20 years of service as a judge.
Upon the effective date of the retirement of any judge, the
judicial office from which he or she has retired shall become vacant,
and a successor shall thereupon be appointed to fill the vacancy.

75025.1. A judge whose service is discontinued by the expiration of
his term of office and who is otherwise eligible to retire under
this chapter may file the notice of retirement provided for in
Section 75025 or an election to retire under Section 75033.5 within
90 days after such termination, which notice or election shall be
effective as though filed at the close of his term. A judge whose
service is discontinued by other than the expiration of his term of
office and who is otherwise eligible to retire under this chapter
must file the notice of retirement provided for in Section 75025 or
an election to retire under Section 75033.5 prior to the effective
date of his retirement, and the effective date of his retirement
cannot be earlier than the date when the notice of retirement is
filed with the Judges' Retirement System.

75026. Except as provided in Section 75029, no judge shall be
eligible to retire under Section 75025 if he or she has not received
a salary from which contributions for the Judges' Retirement Fund
have been deducted for a period or periods aggregating at least 10
years unless, prior to the effective date of his or her retirement,
he or she has paid into the Judges' Retirement Fund a sum equal to
the contributions which would have been deducted from his or her
salary during the period of 10 years immediately preceding the
effective date of his or her retirement if he or she had received a
salary subject to deduction of contributions for the Judges'
Retirement Fund during all of that period, excluding any time within
the 10-year period during which contributions for the Judges'
Retirement Fund were actually deducted from his or her salary, any
time in that period in respect to which he or she has made payment
under Section 75029, and any time in that period which is included in
the computation of his or her service under Section 75031. The sum
payable shall be computed by applying the rate or rates of deduction
applicable to judges' salaries during that time to the salary which
the judge last received as the incumbent of a judicial office to
which he or she was elected by the people.

75027. Any judge whose term of office expires within 60 days before
he or she has rendered the minimum service required for retirement
at his or her age shall be deemed to have rendered that minimum
service.
Any judge whose term of office expires within 60 days before he or
she attains the age required for his or her retirement, shall be
deemed to have attained that age at any time during the 60-day period
immediately preceding his or her actual attainment of that age.

75028. (a) Except as provided in Sections 75060.6, 75080, and
68543.5, any designation as a judge pro tempore or any assignment by
the Chairperson of the Judicial Council shall be disregarded for
purposes of this chapter. For the purposes of this chapter no person
shall acquire status as a judge, nor shall any person's status as a
judge be affected, by any such designation or assignment.
(b) A judge who elects to be available for full-time service on
senior judge status after the effective date of retirement, shall be
compensated by the state for that time at a rate equal to the full
compensation of a judge of the court from which he or she retired or,
at the judge's election, at a rate equal to the full compensation of
a judge of the court to which he or she is assigned. A judge serving
on senior judge status also shall be eligible for travel, board, and
lodging expenses, as provided in Section 68543.5.

75028.1. (a) At the time of the filing of a notice of retirement
under the Judges' Retirement Law to be effective after 69 1/2 years
of age but before the end of the term of office during which the
judge attains 70 years of age, a judge may apply to the chairperson
of the Judicial Council for senior judge status.
(b) A retired judge who retired under the Judges' Retirement Law
before July 1, 1985, and who has attained 60 years of age, may apply
to the Chairperson of the Judicial Council for senior judge status.
(c) A judge who has left office at 60 years of age or older on or
after July 1, 1985, and who has 20 years or more of retirement
service credit under the Judges' Retirement Law, may apply to the
Chairperson of the Judicial Council for senior judge status.
(d) A judge serving on senior judge status shall serve full time
as assigned for up to five consecutive years and by accepting that
status waives the right to refuse any assignment as otherwise
provided by law. A judge who elects to retire under this section is
deemed retired, and the judicial office from which the judge retired
shall become vacant and a successor shall then be appointed to fill
the vacancy.

75028.2. A retired judge on senior judge status shall not receive a
retirement allowance, except for health and welfare benefits
generally available to judges of courts on which the judge served as
an active judge.
The Controller shall administer payment of salary to retired
judges on senior judge status and for making any appropriate
deductions.

75028.3. Notwithstanding any other provision of law, senior judge
status shall terminate at the end of five years, except that the
status shall terminate earlier when any of the following occurs:
(a) The judge on senior judge status requests termination.
(b) The judge fails to perform service as assigned.
(c) The Commission on Judicial Performance so orders.

75028.4. (a) A judge whose senior judge status is terminated may
elect to receive the retirement benefits for which the judge was
eligible at the time he or she elected senior judge status.
(b) If the senior judge status is terminated before the end of
five years because of the judge's death, any surviving spouse benefit
that is payable, as provided in the section under which the judge
retired prior to electing the senior judge status, shall be paid.

75028.5. After a judge has withdrawn his or her accumulated
contributions upon discontinuance of his or her service, that service
shall not count in the event he or she later becomes a judge again,
until he or she pays into the Judges' Retirement Fund the amount of
accumulated contributions withdrawn by him or her, plus interest
thereon at the rate of interest then being required to be paid by
members of the Public Employees' Retirement System under Section
20750 from the date of withdrawal to the date of his or her payment.

75028.6. The senior judge status program shall terminate on January
1, 1997. No person may elect senior judge status or exercise any of
the rights thereof on or after that date, except that all persons
holding senior judge status on that date may exercise the termination
rights specified in Section 75028.4.

75029. For any judge who, prior to becoming a judge, served as a
"judge of an excluded court" as defined below, there shall be
included in the computation of the number of years of service as a
judge the number of years he or she served as a "judge of an excluded
court" if prior to the effective date of his or her retirement he or
she has paid into the Judges' Retirement Fund a sum equal to the
amount that would have been deducted from his or her salary and paid
into that fund had he or she been a judge, during the time he or she
was a "judge of an excluded court," computed by applying to the rate
of salary that he or she actually received during his or her first
year of service as a judge the rate of deduction applicable to judges'
salaries during that year.
As used in this section "judge of an excluded court" means a judge
of a justice court or a judge, justice of the peace, or recorder of
a court provided for by law prior to January 1, 1952.
A judge shall not, under this section, receive credit for that
portion, if any, of his or her service as a judge of an excluded
court, if other provisions of this chapter provide for the inclusion
of that service in the computation of his or her years of service as
a judge.

75029.1. On and after January 1, 1990, the right to elect to
receive credit for prior service as a judge of an excluded court
pursuant to Section 75029 shall apply only to a justice of the
Supreme Court or a court of appeal or a judge of a superior or
municipal court.

75029.5. Notwithstanding any other provision of law, any justice
court judge who was a member of the Public Employees' Retirement
System on December 31, 1989, and became a member of this system on
January 1, 1990, pursuant to Chapter 1417 of the Statutes of 1989,
may irrevocably elect to be restored to membership in the Public
Employees' Retirement System effective January 1, 1990. The board
shall provide the affected members with an election period commencing
on July 1, 1992, and ending on September 30, 1992.
Any justice court judge who elects membership in the Public
Employees' Retirement System pursuant to this section shall be
refunded his or her accumulated contributions in this system for the
period January 1, 1990, through the date of election and deposit in
the Public Employees' Retirement Fund the amount required by that
system.

75030.5. Any judge who first becomes a judge on or after May 1,
1962, and who has served as an elected state constitutional officer
before becoming a judge, or any judge who first became a judge prior
to that date who has served as a constitutional officer or as a
public legal officer before becoming a judge, has a right to elect,
by written election filed with the Judges' Retirement System at any
time prior to retirement, to make contributions pursuant to this
section for, and receive credit in this system as, service for all or
any part of the time he or she served as that officer, excluding any
period of time for which the judge is receiving, or is entitled to
receive, a retirement allowance from any other public retirement
system.
As used in this chapter, the term "elected state constitutional
officer" means the holder of the office of Member of the Senate or
Assembly, Governor, Lieutenant Governor, Secretary of State,
Controller, Treasurer, Attorney General, Superintendent of Public
Instruction, or member of the State Board of Equalization.
As used in this chapter, the term "constitutional officer" means
the holder of an office created by the California Constitution, and
"public legal officer" means the holder of any legal office of the
state or any agency of the state or of any county or city in the
state who is paid a salary or other fixed regular compensation and
who is admitted and licensed to practice law in the State of
California during the time of holding the office and whose principal
duties in the office are legal in nature, such as the Attorney
General, Legislative Counsel, Commissioner of Corporations, a
district attorney, county counsel, city attorney, city prosecutor,
public defender, or a deputy of any such office, or a secretary to
the Governor whose duties include the hearing of extradition matters,
admitted and licensed to practice law in the State of California
during the time of holding the office and whose principal duties in
the office are legal in nature.
Every judge electing to receive credit for service pursuant to
this section shall at the time of filing his or her election, and as
a condition to receiving that credit, pay into the Judges' Retirement
Fund a sum equal to the amount which would have been deducted from
his or her salary and paid into that fund pursuant to Section 75102
had he or she been a judge during the time for which he or she elects
to receive credit for service, computed by applying the rates of
deduction applicable to judges' salaries during that time to the rate
of salary the judge actually received during the first year as a
judge, plus interest at 3 percent a year, to the date of his or her
payment, upon the amounts of the deductions and from the respective
dates they would have been paid had he or she been a judge during the
time for which he or she elects to receive credit for service. The
amount and interest shall be determined by the Judges' Retirement
System in accordance with this section. Funds transferred to the
Judges' Retirement Fund pursuant to Section 9356.5 shall be deducted
from the payment. Any funds so transferred which are in excess of the
amount required by this section shall be refunded to the judge.
This section shall not apply to any person who, on or after
January 1, 1986, first becomes or continues as an elected state
constitutional officer, in a term which commences on or after January
1, 1986.

75030.6. On and after October 1, 1961, the right to elect to
receive credit for service pursuant to Section 75030.5 shall apply
only to a judge who has served as a judge as defined by Section 75002
for at least six years or who is elected to the office of judge as
defined by Section 75002. This section shall not apply to any judge
who is a member of this system on September 30, 1961, or to any
person who, on or after January 1, 1986, first becomes or continues
as an elected state constitutional officer, as defined by Section
75030.5, in a term which commences on or after January 1, 1986.

75030.7. Any judge has a right to elect, by written election filed
with the Judges' Retirement System at any time prior to retirement,
to make contributions pursuant to this section for, and receive
service credit in this system for all of the time he or she served as
a federal judicial officer, excluding any period of time for which
the judge is receiving, or is entitled to receive, a retirement
allowance from any other public retirement system.
As used in this section, the term "federal judicial officer" means
federal justice, federal judge, and federal magistrate judge.
Every judge electing to receive credit for service pursuant to
this section shall at the time of filing his or her election, pay
into the Judges' Retirement Fund a sum equal to actuarial present
value of the increase in benefit due to the additional service. The
amount shall be determined by the Judges' Retirement System in
accordance with this section.

75030.8. (a) A judge may elect, by written election filed with the
board at any time prior to retirement, to make contributions and
receive service credit for all of the time he or she served as a
full-time subordinate judicial officer, as defined in Section 71601,
prior to becoming a judge, excluding any period of time for which the
judge is receiving, or is entitled to receive, a retirement
allowance from any other public retirement system.
(b) A judge electing to receive credit for service pursuant to
subdivision (a) shall, at the time of filing his or her election, pay
to the Judges' Retirement Fund, a sum equal to the actuarial present
value of the increase in benefits due to the additional service. The
amount shall be determined by the Judges' Retirement System in
accordance with this section.

75030.9. A Member of the Senate or Assembly whose contributions as
a judge remain on deposit in the fund under Section 75033, shall,
during the term of office for which he or she was elected:
(a) Have a right under Section 75030.5 to elect by written
election filed with the Judges' Retirement System at any time prior
to his or her retirement, to make contributions pursuant to Section
75030.5 and to receive credit in this system as service rendered for
all or any part of his or her service as an elected state
constitutional officer, or as a public legal officer, as defined in
Section 75030.5, either before or after his or her service as a
judge, excluding any period of time for which he or she is receiving
or is entitled to receive a retirement allowance from any other
public retirement system. This subdivision does not apply to any
person who, on or after January 1, 1986, first becomes or continues
as an elected state constitutional officer, as defined by Section
75030.5, in a term which commences on or after January 1, 1986.
(b) Be retired as a judge under Section 75025 upon attaining, as
provided in this section, the age and service requirements specified
in that section.
For the purposes of this section, "service as an elected state
constitutional officer" includes all or any portion of the term of
office for which he or she was duly elected as an elected state
constitutional officer as specified by law at the time of his or her
election.

75030.10. Any person who filed a declaration of candidacy for a
judicial office pursuant to Section 8023 or 8201 of the Elections
Code prior to May 1, 1962, and was elected to that office at the
subsequent election, may elect pursuant to the provisions of Section
75030.5 to make contribution for, and receive credit in this system
as service, time served as a public legal officer as defined in
Section 75030.5. The contributions authorized by this section shall
be made at the rate provided in Section 75102 on the effective date
of this section.

75031. In computing the number of years a person has been a judge
for the purposes of retirement under Sections 75025 or 75060, there
shall be included any time as he or she was absent from his or her
position as judge by reason of service with the armed forces of the
United States during a war involving the United States as a
belligerent or in any other national emergency, and for six months
thereafter.
This section shall be retroactively applied to extend its benefits
to all judges who served in the military service in time of war,
including the period September 16, 1940, to December 7, 1941, and who
return or have returned to their positions upon the termination of
their military service or within six months thereafter. The
provisions of this section apply to any person who resigned judicial
office to enter military service in time of national emergency
declared by the President prior to the authorization by law of
military leave, if he or she returned to judicial office within 90
days after his or her separation from military service.

75031.5. (a) A judge may elect, in writing filed with the Judges'
Retirement System, to make contributions and receive service credit
in this system for active service, performed prior to entering the
system, of not less than one year in the Armed Forces of the United
States or not less than one year in the Merchant Marine of the United
States prior to January 1, 1950, excluding any period of that active
service for which the judge is receiving, or is entitled to receive,
a retirement allowance from any other retirement system supported
wholly or in part by public funds. The service credit for that
service may be granted on the basis of one year of credit for each
year of credited service in this system, but may not exceed a total
of four years of service credit regardless of the number of years of
either that service or subsequent judicial service. A judge electing
to receive credit for that service shall have at least one year of
judicial service credited on the date of election or the date of
retirement. If the service described in this subdivision terminated
with a dishonorable discharge, service credit in the system may not
be granted under this section.
(b) For purposes of this section, a judge means a judge as defined
in Section 75002 or a judge who has retired pursuant to Section
75025 or has elected a deferred retirement subject to Section
75033.5.
(c) The retirement allowance of a retired judge who elects to
receive service credit pursuant to this section shall be increased
only with respect to the allowance payable on and after the date of
election.
(d) A judge who elects to receive credit for service pursuant to
this section shall contribute to the Judges' Retirement Fund a sum
equal to the actuarial present value of the increase in benefits due
to the additional service, as determined by the chief actuary and
approved by the board.
(e) An election by a judge to receive credit for service under
this section shall be effective only if accompanied by a lump-sum
payment or an authorization for payment, other than a lump-sum
payment, in accordance with regulations adopted by the board.

75032. Every judge who has retired or who retires pursuant to
Section 75025 before or after September 11, 1957, shall, during the
remainder of his or her life, receive an allowance equal to one-half
the salary payable, at the time payment of the allowance falls due,
to the judge holding the judicial office to which he or she was last
appointed or elected by the people. The allowance shall be paid by
the state at the times and in the manner provided for the payment of
salaries of justices of the Supreme Court.
This amendment to this section enacted by the Legislature at its
1957 Regular Session does not give any retired judge a claim against
the state for any increase in retirement allowance or other benefit
for time prior to September 11, 1957.

75032.5. Retired judges, and beneficiaries, who are entitled to
receive allowances under the provisions of this chapter, may
authorize deductions to be made from their retirement allowance
payments, in accordance with regulations established by the
Controller for payment of group life insurance premiums for a group
life insurance plan approved by the Director of Finance.

75033. Notwithstanding any other provision of this chapter, if the
service of a judge, who has been elected or appointed as such, is
discontinued by any means other than death, resignation, recall,
impeachment, or retirement pursuant to this chapter, he or she shall
have the right to elect in writing filed with the Judges' Retirement
System within 90 days thereafter, and without right of revocation,
whether to allow his or her accumulated contributions to remain in
the fund. A judge who after the effective date of the 1972 amendments
to this section leaves his or her office to accept any lucrative
office under the United States within the purview of Section 7 of
Article VII of the California Constitution shall not be eligible for
deferred retirement under this section. Failure to make the election
shall be deemed an irrevocable election to withdraw his or her
accumulated contributions. A judge who so elects to allow his or her
accumulated contributions to remain in the fund shall, upon his or
her application therefor to the Judges' Retirement System be retired,
and after attaining age 65 receive a retirement allowance based upon
the judicial service with which he or she is credited, in the same
manner as other judges, except that his or her retirement allowance
is an annual amount equal to 5 percent of the compensation payable,
at the time payments of the allowance fall due, to the judge holding
the office that the retired judge last held prior to the
discontinuance of his or her service as judge, multiplied by the
number of years and fractions of years of service with which the
retired judge is entitled to be credited at the time of such
discontinuance of his or her service, not to exceed eight years.
This section does not apply to any person who becomes a judge
after January 1, 1974.
The amendments to this section during 1977 are also applicable to
persons who elected to allow their accumulated contributions to
remain in the fund prior to January 1, 1978.

75033.1. Any judge who is removed from office by the Supreme Court
shall not receive any of the benefits provided by Section 75033. The
amount of his accumulated contributions shall be paid to him by the
Judges' Retirement System.
This section shall be applicable only to a person who becomes a
judge after the effective date of this section.

75033.2. A judge who pleads guilty or no contest or is found guilty
of a crime committed while holding judicial office which is
punishable as a felony under California or federal law and which
either involves moral turpitude under that law or was committed in
the course and scope of performing the judge's duties, and the
conviction becomes final shall not receive any benefits from the
Judges' Retirement System, except that the amount of his or her
accumulated contributions shall be paid to him or her by the Judges'
Retirement System.

75033.5. Notwithstanding any other provision of this chapter, any
judge with at least five years of service, may retire, and upon his
or her application therefor to the Judges' Retirement System after
reaching the age which would have permitted him or her to retire for
age and length of service under Section 75025 had he or she remained
continuously in service as a judge up to that age, receive a
retirement allowance based upon the judicial service as a judge of a
court of record, with which he or she is credited, in the same manner
as other judges, except as otherwise provided by this section the
retirement allowance is an annual amount equal to 3.75 percent of the
compensation payable, at the time payments of the allowance fall
due, to the judge holding the office which the retired judge last
held prior to his or her discontinuance of his or her service as
judge, multiplied by the number of years and fractions of years of
service with which the retired judge is entitled to be credited at
the time of his or her retirement, not to exceed 20 years.
A judge of a justice court who renders part-time service after
January 1, 1990, shall receive a reduced retirement allowance based
upon actual service rendered.
If a judge has served more than five years but less than 12 years,
the above percentage of compensation payable shall be reduced 0.25
percent for each year that the service of the judge is less than 12
years. For the purposes of calculating the percentage of compensation
payable, part-time service shall be the equivalent of full-time
service.
No judge shall be eligible to receive an allowance pursuant to
this section until the attainment of at least age 63 unless the judge
is credited with 20 years of judicial service and has attained age
60.
The surviving spouse of any judge who has so elected to retire
under this section shall receive for life an allowance equal to
one-half of the retirement allowance that would be payable to the
judge were he or she living and receiving the benefits accorded by
this section, commencing with the day following the date of the
death, if the judge dies after commencement of receipt of benefits,
or the date the judge would have been able to commence receipt of
benefits but for his or her death, if his or her death occurs prior
to commencement of receipt of benefits.
An election to retire under this section shall be made in writing
and filed with the Judges' Retirement System, and shall be without
right of revocation, and upon that filing the judge shall be deemed
retired with receipt of benefits deferred until herein provided, and
the judicial office from which he or she has retired shall become
vacant. The notice and election of retirement shall be sufficient if
it states in substance that the judge elects to retire under the
benefits of this section.
A judge who leaves his or her office prior to July 21, 1997, to
accept any lucrative office under the United States within the
purview of Section 7 of Article VII of the Constitution shall have
any benefits receivable hereunder reduced by the amount of any salary
or retirement benefits he or she receives by virtue of his or her
service in that office. This paragraph shall not apply to any judge
who left office on or after July 21, 1997.

75033.6. If a judge retires pursuant to Section 75033 or 75033.5
and there has been a community property benefit awarded to the judge'
s ex-spouse pursuant to Article 2.5 (commencing with Section 75050),
the retirement allowance percentage payable to the judge shall be
calculated at the rate specified in Section 75033 or 75033.5 less the
percentage factor awarded to the ex-spouse. In no instance,
regardless of the total number of years of credited service in the
Judges' Retirement System, shall the retirement allowance percentage
awarded the judge, when combined with the percentage awarded the
ex-spouse, exceed the maximum amount allowable under the pertinent
section under which the judge retired.

75035. "Resignation," as used in this article, does not include a
resignation, express or implied, which is for the purpose of
accepting an elective or appointive public office.