SECTIONS 75520-75528 - California Statutes

GOVERNMENT CODE

SECTION 75520-75528

75520. (a) A judge shall, monthly, accrue monetary credits equal to
18 percent of the judge's monthly salary.
(b) To the total monetary credits in each judge's account, an
additional amount shall be credited monthly at a rate, not less than
zero, equal to the annual net earnings rate achieved by the Judges'
Retirement System II Fund on its investments of moneys in the Judges'
Retirement System II Fund during the preceding fiscal year.

75521. (a) A judge who leaves judicial office before accruing at
least five years of service shall be paid the amount of his or her
contributions to the system, and no other amount.
(b) A judge who leaves judicial office after accruing five or more
years of service and who is not eligible to elect to retire under
Section 75522 shall be paid the amount of his or her monetary credits
determined pursuant to Section 75520, including the credits added
under subdivision (b) of that section computed to the last day of the
month preceding the date of distribution, and no other amount.
(c) Judges who leave office as described in subdivision (b) are
"retired judges" for purposes of a concurrent retirement with respect
to the benefits provided under Section 20639 and assignment pursuant
to Article 2 (commencing with Section 66540) of Chapter 2 and are
eligible for benefits provided under Section 22814.
(d) After a judge has withdrawn his or her accumulated
contributions or the amount of his or her monetary credits upon
leaving judicial office, the service shall not count in the event he
or she later becomes a judge again, until he or she pays into the
Judges' Retirement System II Fund the amount withdrawn, plus interest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 payment.

75522. (a) A judge is eligible to retire pursuant to this section
upon attaining both 65 years of age and 20 or more years of service,
or upon attaining 70 years of age with a minimum of five years of
service.
(b) The office of a judge who retires under this section becomes
vacant on the date of the retirement.
(c) A judge who retires pursuant to this section shall, within 30
days after the effective date of the retirement, elect to receive
either the benefits provided by subdivision (d) or the benefits
provided by subdivision (e). Under rules adopted by the board, the
time for the election may be extended in cases of illness or other
hardship, but once made, the election shall be final and irrevocable.
(d) The judge may elect to receive for life a monthly retirement
allowance equal to the benefit factor multiplied by the judge's final
compensation multiplied by the number of years of service credit.
(1) The benefit factor for a judge eligible to retire pursuant to
this section equals 3.75 percent per year of service.
(2) In no event shall the retirement allowance at the time of
retirement exceed 75 percent of the judge's final compensation.
(e) The judge may elect to receive the amount of his or her
monetary credits determined pursuant to Section 75520, including the
credits added under subdivision (b) of that section computed to the
last day of the month preceding the date of distribution. Under rules
adopted by the board, the judge may elect to receive that amount in
a single payment, or may direct that it be paid in an annuity of
actuarially equivalent value for the judge's life or in one of the
optional forms provided for in Section 75571.
(f) If a retired judge fails or refuses to make an election
pursuant to subdivision (c) within the time allowed, he or she shall
be deemed to have elected to receive a monthly retirement allowance
under subdivision (d).

75523. (a) The retirement allowance of retired judges who have
elected to receive a monthly allowance under subdivision (d) of
Section 75522 or who have retired for disability and are receiving an
allowance under Section 75560.4 shall be adjusted effective in
January of each year after a judge has been retired under this
chapter for more than six months, to reflect any increase in the cost
of living occurring after January 1 of the immediately preceding
fiscal year. The United States city average of the "Consumer Price
Index for all Urban Consumers," as published by the United States
Bureau of Statistics, shall be used as the basis for determining
changes in the cost of living.
(b) No adjustment shall be made unless the cost-of-living increase
equals or exceeds 1 percent. The allowance shall not be increased
more than 3 percent in a single year. Increases shall be compounded.
(c) The allowance shall not be decreased as a result of the
cost-of-living adjustment.
(d) The board shall provide, by rule, any details needed for the
implementation of this section.

75524. Any designation as a temporary judge 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 that designation or assignment.

75525. Retired judges, and beneficiaries, who are entitled to
receive allowances under this chapter, may authorize deductions to be
made from their retirement allowance payments, in accordance with
regulations established by the board for payment of group life
insurance premiums for a group life insurance plan approved by the
Director of Finance.

75526. A judge who pleads guilty or no contest or is found guilty
of a crime committed while holding judicial office that 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 system, except
that the amount of his or her contributions to the system shall be
paid to him or her by the system.

75527. Notwithstanding any other provision of this chapter, the
benefits payable to any person shall be subject to the limitations
set forth in the Internal Revenue Code.

75528. A judge must have a minimum of six years of judicial service
to be eligible for benefits provided by retiring concurrently from
this system and the Public Employees' Retirement System or a
retirement system subject to the County Employees Retirement Law of
1937 pursuant to Section 20639 or 31840.8.