§ 31776.3. — 31776.3. (Amended by Stats. 2023, Ch. 159, Sec. 16.)

California § 31776.3.

• Jurisdiction: California
• Code GOV: Government Code - GOV
• Div.: 4.
• Title 3.: DIVISION 4. EMPLOYEES
• Part 3.: PART 3. RETIREMENT SYSTEMS
• Ch. 3.: CHAPTER 3. County Employees Retirement Law of 1937
• Art. 11.5.: ARTICLE 11.5. Deferred Retirement Option Program

Text

(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.
(b)
The implementing ordinance may provide one or more of the following optional forms of distribution for a participant’s account:
(1)
Substantially level installment payments over 240 months starting with the date that the member leaves DROP. The balance in the participant’s account during the installment payout period shall be credited with interest at the
same rate, if any, as is being credited to program accounts for currently active members. A cost-of-living adjustment may not be made to the monthly amount being paid pursuant to this paragraph.
(2)
An annuity in a form established by the board and subject to the applicable provisions of the Internal Revenue Code that shall be the actuarial equivalent of the balance in the participant’s program account on the retirement date. The “actuarial equivalent” under this paragraph shall be determined on the same basis as is used for determining optional settlements at retirement for a member’s monthly retirement allowance.
(c)
Notwithstanding any other provision of this article, a participant, nonparticipant spouse, or beneficiary may not be permitted to elect a distribution under this article that does not satisfy the requirements of Section 401(a)(9) of Title 26 of the United States
Code, including the incidental death benefit requirements of Section 401(a)(9)(G) and the regulations thereunder.
(d)
The required beginning date of distributions that reflect the entire interest of the participant shall be as follows:
(1)
In the case of a lump-sum distribution to the participant, the lump-sum payment shall be made, at the participant’s option, not later than the required beginning date specified in Section 401(a)(9) of Title 26 of the United States Code, or an age determined by the Internal Revenue Service, or the calendar year in which the participant terminates all employment for the employer.
(2)
In the case of a distribution to the participant in the form of installment payments or an annuity, payment shall begin, at the participant’s option, not later than the required beginning date specified
in Section 401(a)(9) of Title 26 of the United States Code, or an age determined by the Internal Revenue Service, or the calendar year in which the participant terminates all employment subject to coverage by the plan.
(3)
In the case of a benefit payable on account of the participant’s death, distribution shall be paid at the option of the beneficiary, no later than December 31 of the calendar year in which the first anniversary of the participant’s date of death occurs unless the beneficiary is the participant’s spouse in which case distributions shall commence on or before the later of either of the following:
(A)
December 31 of the calendar year immediately following the calendar year in which the participant dies.
(B)
December 31 of the calendar year in which the participant would have attained the applicable
age that determines the required beginning date specified in Section 401(a)(9) of Title 26 of the United States Code, or an age determined by the Internal Revenue Service.

Legislative History

Amended by Stats. 2023, Ch. 159, Sec. 16. (SB 885) Effective January 1, 2024.