SECTIONS 75080-75083 - California Statutes

GOVERNMENT CODE

SECTION 75080-75083

75080. (a) If, after retirement for disability, a retired judge
engages in the practice of law or other gainful occupation, the
retirement allowance otherwise payable to him or her shall continue
and shall not be reduced, except as provided in this section.
(b) If a retired judge becomes entitled to any salary for
assignment to a court by the Chairperson of the Judicial Council
after retirement under Section 75060, the retirement allowance
otherwise payable to him or her shall, during the time he or she is
entitled to receive that salary or other compensation, be reduced by
the amount of that salary or compensation.
(c) Except as provided in subdivision (d), if a judge who is
retired for disability engages in the practice of law or any other
gainful occupation in which the compensation earned in any month when
combined with the judge's allowance exceeds 75 percent of the salary
payable to the judge holding the judicial office to which the
retired judge was last elected or appointed, the retirement allowance
otherwise payable to the judge shall be reduced by the amount of any
earnings in excess of that amount. The judge shall report the
compensation earned during each month to the board by the eighth day
of the following month.
(d) If a judge who is retired for disability engages in the
practice of law or other gainful occupation that requires the
discharge of duties substantially similar to those duties that he or
she was found, pursuant to Section 75060, to be unable to discharge
efficiently because of his or her mental or physical disability, the
retirement allowance otherwise payable to him or her shall cease
permanently.
(e) Persons affected by this section shall report all compensation
earned in a form and manner required by the Board of Administration
of the Public Employees' Retirement System under penalty of perjury.
The board shall have the authority to require these persons to grant
the board permission to request wage information for the purposes of
verifying the reported compensation earned. The Employment
Development Department shall report compensation in a form and manner
required by the board in accordance with Section 1798.24 of the
Civil Code. The board shall reimburse the Employment Development
Department for the costs that the department incurs in searching for
and providing that information.
(f) When a person described in subdivision (c) reaches the age at
which he or she would have been eligible for retirement, pursuant to
Section 75025, had he or she not incurred the disability, his or her
retirement allowance shall be made equal to the amount it would be if
not reduced under that subdivision, and shall not again be modified
for any cause.
(g) A judge who is retired for disability or becomes entitled to
any salary for assignment to a court by the Chairperson of the
Judicial Council after retirement under Section 75060 shall not be
eligible to receive service credit in another public retirement
system or under this chapter or to be reinstated to this system.
(h) The Legislature reserves the right to increase or reduce the
benefits prescribed by this section as it may find appropriate.

75080.5. (a) Except as described in subdivision (b), if a person
who is retired under this system is appointed or elected to serve as
a judge, he or she shall reinstate from retirement and again become a
member of the Judges' Retirement System pursuant to this chapter.
(b) This section shall not apply to a retired judge who is
assigned to serve in a court pursuant to Section 68543.5, and he or
she shall not earn service credit or be entitled to retirement
benefits under this part for that assignment.

75083. Any judge retired pursuant to this chapter who is appointed
by the Supreme Court or any court of appeal, or division thereof, to
act as a master or referee in any proceeding pending before those
courts or before the Commission on Judicial Performance, shall be
paid while so acting, in addition to his or her retirement allowance
(taken without reduction on account of any election pursuant to
Article 3.5 (commencing with Section 75070)) the difference, if any,
between the retirement allowance and the compensation of a judge of
the court from which he or she retired.
When appointed to act as referee in a county other than that in
which he or she resides, he or she shall also be allowed his or her
necessary expenses for travel, board, and lodging incurred in the
discharge of that appointment.
The extra compensation and expenses, if any, shall be chargeable
to the state.