Retirement for Service
Cal. GOV § 21369.1
California Statutes
(
a) The combined current and prior service pensions for state safety members subject to this
section with respect to state safety service that is subject to this
section is a pension derived from the contributions of the employer sufficient when added to the service retirement annuity that is derived from the accumulated normal contributions of the state safety member at the date of his or her retirement to equal the fraction of one-fiftieth of his or her final compensation set forth opposite his or her age at retirement taken to the preceding completed quarter year, in the following table, multiplied by the number of years of state safety service subject to this
section with which he or she is credited at retirement. Age at Retirement Fraction 50 0.8500 50¼ 0.8625 50½ 0.8750 50¾ 0.8875 51 0.9000 51¼ 0.9125 51½ 0.9250 51¾ 0.9375 52 0.9500 52¼ 0.9625 52½ 0.9750 52¾ 0.9875 53 1.0000 53¼ 1.0320 53½ 1.0630 53¾ 1.0940 54 1.1250 54¼ 1.1570 54½ 1.1880 54¾ 1.2190 and over 1.2500 (
b) For state safety members with respect to service for all state employers under this section, the benefit shall not exceed percent of final compensation. If the pension relates to service to more than one employer, and would otherwise exceed that maximum, the pension payable with respect to each employer shall be reduced in the same proportion as the allowance based on service to that employer bears to the total allowance computed as though there were no limit, so that the total of the pensions shall equal the maximum. (
c) This
section shall supersede
Section for state safety members with respect to service rendered for the California State University. (
d) This
section shall also supersede
Section for state safety members, for service not subject to subdivision (c), who are employed by the state on or after January 1, 2000. (
e) The Legislature reserves, with respect to any member subject to this section, the right to provide for the adjustment of industrial disability retirement allowances because of earnings of a retired person and modification of the conditions and qualifications required for retirement for disability as it may find appropriate because of the earlier age of service retirement made possible by the benefits under this section. (
f) The Legislature reserves the right to subsequently modify or amend this
part in order to completely effectuate the intent and purposes of this
section and the right to not provide any new comparable advantages if disadvantages to employees result from any modification or amendment. (
g) Operation and application of this
section are subject to the limitations set forth in
Section 21251.13. (
h) Notwithstanding any other provision of this section, this
section shall not apply to a state safety member who is employed by the state for the first time and becomes a state safety member of the system on or after the first day of the pay period following the effective date of the act adding this subdivision, and is represented by State Bargaining Unit 12, 16, 18, or 19. With respect to related state safety members in managerial, supervisory, or confidential positions and officers or employees of the executive branch of state government who are not members of the civil service, the Director of Human Resources may exercise his or her discretion whether to approve their status in writing to the board. (i)
(1) Notwithstanding
Section 3517.8, or any provision of an expired memorandum of understanding, or any other provision of this section, this
section shall not apply to a state safety member who is employed by the state or the California State University for the first time and becomes a state safety member of the system on or after January 15, 2011. With respect to related state safety members in managerial, supervisory, or confidential positions and officers or employees of the executive branch of state government who are not members of the civil service, the Director of Human Resources may exercise his or her discretion whether to approve their status in writing to the board.
(2) If this subdivision is in conflict with a memorandum of understanding that is current and in effect on January 15, 2011, the memorandum of understanding shall be controlling while it remains in effect. Upon expiration of the memorandum of understanding that is in effect and current on January 15, 2011, this
section shall be controlling and may not be superseded by a subsequent memorandum of understanding.