Second Tier Retirement—State
Cal. GOV § 21073.7
California Statutes
(
a) A member subject to the Second Tier benefits provided in
Section or who is employed by the state on or after January 1, 2000, may make an irrevocable election, to be filed with the board, to be subject to the First Tier benefits provided in
Section 21354.1 and to make the contributions specified in
Section 20677. An election to be subject to
Section 21354.1 may be made at any time prior to retirement and shall be signed by the member’s spouse. An election shall be effective the first day of the month following the date the election is received by the system and shall be applicable to state service rendered on and after that date. However an election made by a member who retires prior to or on the first day of the month following the system’s receipt of the election shall be effective one day prior to the effective date of the member’s retirement. (
b) A member who is employed by the state on or after January 1, 2000, with past service credited under the Second Tier may make an irrevocable election, at any time prior to retirement, to have his or her past Second Tier service credited under
Section 21354.1 by making contributions specified in
Section 21073.1. This subdivision shall not apply to a Second Tier member eligible to make the election provided in subdivision (
a) until after the effective date of that election. (
c) A member subject to modified First Tier benefits pursuant to
Section 21353.5 shall become subject to
Section or 21354.1, as applicable, and make contributions as specified in
Section 20677. The member’s past service and contributions credited as modified First Tier under
Section 21353.5 shall be converted to First Tier service and contributions and shall be subject to
Section or 21354.1, as applicable. Contributions previously credited as modified First Tier and withdrawn by the member may be redeposited under the conditions specified in
Section 20750, with the service credit and contributions subject to
Section or 21354.1, as applicable. (
d) Operation and application of this
section is subject to the limitations set forth in