Bill Text: CA SB885 | 2023-2024 | Regular Session | Amended
Bill Title: Public employees’ retirement.
Spectrum: Committee Bill
Status: (Passed) 2023-09-01 - Chaptered by Secretary of State. Chapter 159, Statutes of 2023. [SB885 Detail]
Download: California-2023-SB885-Amended.html
Amended
IN
Assembly
June 06, 2023 |
Amended
IN
Senate
April 17, 2023 |
Introduced by Committee on Labor, Public Employment and Retirement (Senators Cortese (Chair), Durazo, Laird, Smallwood-Cuevas, and Wilk) |
March 14, 2023 |
LEGISLATIVE COUNSEL'S DIGEST
(3)
(4)The Judges’ Retirement System II is administered by the board of PERS. Existing
(5)
Under
Digest Key
Vote: MAJORITY Appropriation: YES Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 22338 is added to the Education Code, to read:22338.
(a) (1) This section applies to current employees of the system as a condition of their employment as well as applicants who apply to become employees of the system while a tentative offer is still pending.SEC. 2.
Section 7513.74 of the Government Code is amended to read:7513.74.
(a) As used in this section, the following terms have the following meanings:SEC. 2.SEC. 3.
Section 20537 of the Government Code is amended to read:20537.
The board may charge interest on the amount of any payment due and unpaid by a contracting agency until payment is received. Interest shall be charged at a simple annual rate of 10 percent. The interest shall be deemed interest earnings for the year in which the late payment is received.SEC. 4.
Section 20731 of the Government Code is amended to read:20731.
(a) Notwithstanding any other provision of this part, a member who is credited with less than the years of service specified in Article 1 (commencing with Section 21060) of Chapter 12 who enters employment as a member of a public retirement system supported, in whole or in part, by state funds, including the University of California Retirement System, or as a member of a county retirement system, within six months of leaving state service, shall have the right to elect to leave accumulated contributions on deposit in the retirement fund. Failure to make an election to withdraw accumulated contributions shall be deemed an election to leave accumulated contributions on deposit in the retirement fund. This section shall also apply to a member who is subject to Section 21076 or 21076.5.SEC. 3.SEC. 5.
Section 21714.5 is added to the Government Code, to read:21714.5.
Pursuant to terms and conditions established by the board, an employer may request a disbursement of funds from its account in the California Employers’ Pension Prefunding Trust Fund, as set forth in Section 21711, and transfer those funds directly into the Public Employees’ Retirement Fund, as set forth in Section 20170. The board shall certify to the Controller the total amount to be transferred and the Controller shall transfer that amount from the California Employers’ Pension Prefunding Trust Fund to the Public Employees’ RetirementSEC. 6.
Section 22814 of the Government Code, as amended by Section 1 of Chapter 531 of the Statutes of 2022, is amended to read:22814.
(a) A judge who retires pursuant to Chapter 11 (commencing with Section 75000) of Title 8, but is not yet receiving a pension, may continue their coverage and the coverage of any family members for the duration of the leave of absence, upon their application and upon assuming payment of the contributions otherwise required of the employer.(e)(1)The amendments made to this section by the statute adding this subdivision shall be operative January 1, 2024.
(2)This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
SEC. 7.
Section 22814 of the Government Code, as added by Section 2 of Chapter 531 of the Statutes of 2022, is repealed.(a)A judge who retires pursuant to Chapter 11 (commencing with Section 75000) of Title 8, but is not yet receiving a pension, may continue their coverage and the coverage of any family members for the duration of the leave of absence, upon their application and upon assuming payment of the contributions otherwise required of the employer.
(b)(1)A judge who leaves judicial office pursuant to subdivision (b) of Section 75521 and has not attained 65 years of age may continue their coverage and the coverage of any family members upon assuming payment of the contributions otherwise required of the employer. The judge shall also pay an additional 2 percent
of the premium amount to cover administrative expenses incurred by the system or the Department of Human Resources.
(2)An election to continue coverage under this subdivision shall be made within 60 days of permanent separation. A retired judge who cancels that coverage may not reenroll.
(3)Upon attaining 65 years of age, a retired judge who has continuous and uninterrupted coverage pursuant to this subdivision shall be entitled to the applicable employer contribution.
(c)This section shall be operative January 1 2029.
SEC. 8.
Section 22970.85 of the Government Code is amended to read:22970.85.
Notwithstanding any other provision of this part, a participant or beneficiary shall not be permitted to elect a distribution under this part that does not satisfy the requirements of paragraph (9) of subsection (a) Section 401 of Title 26 of the United States Code, including the incidental death benefit requirements of subparagraph (G) of paragraph (9) of subsection (a) of Section 401 and the regulations thereunder. The required beginning date of distributions that reflect the entire interest of the participant shall be as follows:SEC. 4.SEC. 9.
Section 31462 of the Government Code is amended to read:31462.
(a) “Final compensation” means the average annual compensation earnable by a member during any three years elected by a member at or before the time the member files an application for retirement, or, if the member fails to elect, during the three years immediately preceding their retirement. If a member has less than three years of service, their final compensation shall be determined by dividing their total compensation earnable by the number of months of service credited to them and multiplying by 12.SEC. 5.SEC. 10.
Section 31462.05 of the Government Code is amended to read:31462.05.
(a) For a member who is subject to the California Public Employees’ Pension Reform Act of 2013 (Article 4 (commencing with Section 7522) of Chapter 21 of Division 7 of Title 1) for all or any portion of their membership in the county retirement system, “final compensation” as defined in Section 7522.32 shall apply.SEC. 6.SEC. 11.
Section 31462.2 of the Government Code is amended to read:31462.2.
(a) “Final compensation” for members whose service is on a tenure that is temporary, seasonal, intermittent, or for part time only means one-third of the total compensation earnable earned for that period of time during which the member rendered the equivalent of three years of full-time service.SEC. 7.SEC. 12.
Section 31593 of the Government Code is amended to read:31593.
The retirement board shall conduct an audit of the retirement system at least once every 12 months and report upon its financial condition. The retirement board may retain the services of a certified public accountant to perform the annual audit. That audit shall be performed in accordance with generally accepted auditing standards. The cost of the audit shall be considered a cost of the administration of the retirement system. The audit report shall address the financial condition of the retirement system, internal accounting controls, and compliance with applicable laws and regulations. A copy of the audit report shall be filed with the board of supervisors.SEC. 8.SEC. 13.
Section 31706 of the Government Code is amended to read:31706.
Any member who has left county service and has elected to leave accumulated contributions in the retirement fund, or who is deemed to have elected a deferred retirement pursuant to subdivision (b) of Section 31700, and who has attained 70 years of age but has not yet applied for a deferred retirement allowance, and who is not a reciprocal member of a retirement system established pursuant to this chapter or the Public Employees’ Retirement Law, shall be notified in writing by the board that the member is eligible to apply for, and shall begin receiving, either a deferred retirement allowance by the required beginning date specified in Section 401(a)(9) of Title 26 of the United States Code or a one-time distribution of all accumulated contributions and interest. The notification shall be made at the time the deferred member attains 70 years of age and shall be sent by certified mail to the member’s last known address, or to the member’s last known employer, as shown by the records of the retirement system. If the member can be located but does not make proper application for a deferred retirement allowance with retirement to be effective by the required beginning date specified in Section 401(a)(9) of Title 26 of the United States Code, the retirement system shall commence paying either an unmodified allowance to the member, if the member was eligible to begin receiving a deferred retirement allowance under the provisions of Section 31485.22, or a one-time distribution of all accumulated contributions and interest if the member is otherwise ineligible for a deferred retirement allowance. If the member cannot be located by the required beginning date specified in Section 401(a)(9) of Title 26 of the United States Code, all of the member’s accumulated contributions and interest thereon shall be deposited in, and become a part of, the current pension reserve fund of the retirement system. The board may at any time after transfer of proceeds to the reserve fund upon receipt of proper information satisfactory to it, redeposit the proceeds to the credit of the claimant, to be administered in the manner provided under this law. This section shall not apply to a member while the member is actively employed past mandatory retirement age in a retirement system established under the provisions of this chapter or the Public Employees’ Retirement Law.SEC. 9.SEC. 14.
Section 31725.7 of the Government Code is amended to read:31725.7.
(a) Except as provided in subdivision (b), at any time after filing an application for disability retirement with the board, the member may, if eligible, apply for, and the board in its discretion may grant, a service retirement allowance pending the determination of their entitlement to disability retirement. If the member is found to be eligible for disability retirement, appropriate adjustments shall be made in their retirement allowance retroactive to the effective date of their disability retirement as provided in Section 31724.SEC. 10.SEC. 15.
Section 31726 of the Government Code is amended to read:31726.
(a) Upon retirement for nonservice-connectedSEC. 11.SEC. 16.
Section 31776.3 of the Government Code is amended to read:31776.3.
(a) Unless the implementing ordinance otherwise provides, the balance in the participant’s program account shall be distributed to the participant in a single lump-sum payment at the time of retirement. If requested by the participant, the payment may be immediately deposited into a qualified tax-deferred account established by the participant.SEC. 17.
Section 75088.3 of the Government Code is amended to read:75088.3.
The required beginning date of distributions that reflect the entire interest of the judge shall be as follows:SEC. 18.
Section 75502 of the Government Code is amended to read:75502.
(a) “Judge” means a justice of the Supreme Court or of a court of appeal, or a judge of a superior court, municipal court, or justice court who is first elected or appointed to judicial office on or after November 9, 1994, and is not a member of the Judges’ Retirement System pursuant to Chapter 11 (commencing with Section 75000). A retired judge does not acquire status as a judge for the purposes of this chapter by reason of designation as a temporary judge of, or assignment by the Chairperson of the Judicial Council to, any of these courts.SEC. 19.
Section 75506.6 of the Government Code is amended to read:75506.6.
(a) A judge may elect, in writing filed with the Judges’ Retirement System II, to make contributions and receive service credit in this system for active service, performed prior to entering this 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 shall 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 the 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.SEC. 20.
Section 75506.7 of the Government Code is amended to read:75506.7.
(a) A judge may receive service credit for the purposes of retirement under SectionSEC. 21.
Section 75521 of the Government Code is amended to read:75521.
(a) A judge who leaves judicial office before accruing at least five years of service shall be paid the amount ofSEC. 22.
Section 75522.5 of the Government Code is amended to read:75522.5.
(a) On and after January 1, 2024, a judge who is not eligible to retire pursuant to Section(h)This section shall remain in effect only until January 1, 2029, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2029, deletes or extends that date.
SEC. 23.
Section 75523 of the Government Code is amended to read: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
(c)
(d)
SEC. 24.
Section 75553 of the Government Code is amended to read:75553.
(a) If a member leaves judicial office after a nonmember has received a share of the member’s contributions or a share of the member’s monetary credits pursuant to Section 75551, the member’s retirement fund rights shall be determined pursuant to this section.NMS S | + | 50% (MS) S |
where: |
_____
“S” _____ “MS” _____ “NMS” | = = = | the member’s total service the member’s service while married to the nonmember prior to their separation the member’s service while not married to the nonmember |
SEC. 25.
Section 75570 of the Government Code is amended to read:75570.
(a) In lieu of electing the unmodified allowanceSEC. 12.SEC. 26.
Section 75571 of the Government Code is amended to read:75571.
This section shall apply to any judge who retires on or before December 31, 2017.SEC. 13.SEC. 27.
Section 75571.5 of the Government Code is amended to read:75571.5.
This section shall apply to any judge who retires on or after January 1, 2018.SEC. 28.
Section 75590 of the Government Code, as amended by Section 4 of Chapter 531 of the Statutes of 2022, is amended to read:75590.
(a) A surviving spouse of a judge who was eligible to retire pursuant to subdivision (a) of Section 75522 shall, within 90 days after the judge’s death, elect to receive either of the following:(g)(1)The amendments made to this section by the statute adding this subdivision shall be operative January 1,
2024.
(2)This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
SEC. 29.
Section 75590 of the Government Code, as added by Section 5 of Chapter 531 of the Statutes of 2022, is repealed.(a)A surviving spouse of a judge who was eligible to retire pursuant to subdivision (a) of Section 75522 shall, within 90 days after the judge’s death, elect to receive either of the following:
(1)A monthly retirement allowance equal to one-half of the judge’s benefit factor computed as stated in subdivision (d) of Section 75522 as of the date of death, multiplied by the judge’s final compensation multiplied by the number of years of service credit. This allowance shall be adjusted for changes in the cost of living as provided in Section 75523.
(2)The judge’s 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.
(b)A surviving spouse of a retired judge who elected to receive a monthly allowance under subdivision (d) of Section 75522 or who was retired for disability and receiving an allowance under Section 75560.4 shall receive a monthly allowance equal to 50 percent of the deceased judge’s last monthly retirement allowance. This allowance shall be adjusted for changes in the cost of living as provided in Section 75523.
(c)(1)Notwithstanding any other provision of this article to the contrary, the surviving spouse of
a judge who (A) died in office, (B) had attained the minimum age for service retirement applicable to the judge preceding their death, with a minimum of 20 years of service, and (C) was eligible to receive an allowance pursuant to Section 75522, shall receive an allowance that is equal to the amount that the judge would have received if the judge had been retired from service on the date of death and had elected the optional settlement specified in subdivision (b) of Section 75571 and in Section 75573.
(2)A surviving spouse receiving an allowance pursuant to this subdivision shall have no other claim to benefits with respect to the Judges’ Retirement Fund or with respect to any other provision of the Judges’ Retirement System II Law.
(3)The benefits provided by this subdivision are only payable to the surviving spouse of a judge who elects to come within this subdivision. That election may be made at any time while the judge is in office and, once made, the election is irrevocable.
(d)A monthly allowance payable to a surviving spouse pursuant to this section is payable commencing upon the death of the judge and continuing until the death of the surviving spouse.
(e)This section shall be operative January 1 2029.