JurisdictionCaliforniaCode GOVGovernment Code - GOV
Div.5.
Title 2.DIVISION 5. PERSONNEL
Part 3.PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM
Ch. 13.CHAPTER 13. Retirement Benefits
Art. 4.ARTICLE 4. Retirement for Service
This text of California § 21362. (21362. (Amended by Stats. 2001, Ch. 21, Sec. 16.)) is published on Counsel Stack Legal Research, covering California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
(a)The current service pension for patrol members and the combined current and prior service pensions for local safety members with respect to local safety service rendered to a contracting agency 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 patrol member or local 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 patrol service and local safety service subject to this section with which he or she
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(a)
The current service pension for patrol members and the combined current and prior service pensions for local safety members with respect to local safety service rendered to a contracting agency 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 patrol member or local 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 patrol service and local safety service subject to this section with which he or she is credited at retirement:
Age at
retirement
Fraction
50
1.0000
50¼
1.0175
50½
1.0350
50¾
1.0525
51
1.0700
51¼
1.0875
51½
1.1050
51¾
1.1225
52
1.1400
52¼
1.1575
52½
1.1750
52¾
1.1925
53
1.2100
53¼
1.2275
53½
1.2450
53¾
1.2625
54
1.2800
54¼
1.2975
54½
1.3150
54¾
1.3325
55 and over
1.3500
(b)
(1)
Except as otherwise provided in this subdivision, the current service pension and the combined current and prior service pensions under this section for all service to all employers shall not exceed an amount that, when added to the service
retirement annuity related to that service, equals 75 percent of final compensation.
(2)
For state members, with respect to service for all state employers under this section, the benefit shall not exceed:
(A)
Eighty percent of final compensation for state members who retire on or after January 1, 1995, and prior to January 1, 1999.
(B)
Eighty-five percent of final compensation for state members who retire on or after January 1, 1999, and prior to January 1, 2000.
(C)
Ninety percent of final compensation for state members who retire on or after January 1, 2000.
(3)
For local safety members who retire on or after January 1, 2000, the benefit shall not exceed 85 percent of final
compensation.
(4)
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. Where a state or local member retiring on or after January 1, 1995, has service under this section with both state and local agency employers, the higher maximum shall apply and the additional benefit shall be funded by increasing the member’s pension payable with respect to the employer for whom the member performed the service subject to the higher maximum.
(c)
This section shall not apply to any contracting agency, unless and until the agency elects to be subject to the provisions of this section
by amendment to its contract made in the manner prescribed for approval of contracts or, in the case of contracts made after the date this section is operative, by express provision in the contract making the contracting agency subject to the provisions of this section.
(d)
This section shall supersede Section 21363, 21366, 21368, 21369, or 21370, whichever is then applicable, with respect to patrol and local safety members who retire after the date this section becomes applicable to their respective employers.
(e)
This section shall not apply to state safety or state peace officer/firefighter members.
(f)
With respect to patrol members, this section shall only apply to patrol members who are not employed by the state on or after January 1, 2000.
(g)
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 ages of service retirement made possible by the benefits under this section.