Section 1235 Of Article 8. Miscellaneous From California Government Code >> Division 4. >> Title 1. >> Chapter 1. >> Article 8.
1235
. (a) Any person who is receiving an allowance from a public
retirement system, who is charged by indictment or complaint, either
in a court of this state or a federal court whose jurisdiction
encompasses all or any portion of the state, with the commission of
any felony involving or accepting or giving, or offering to give, any
bribe, the embezzlement of public money, extortion or theft of
public money, perjury, or conspiracy to commit any of those crimes
arising directly out of his or her official duties as a public
officer, who has a legal obligation not to leave the jurisdiction of
the court, but does leave, shall have his or her retirement allowance
suspended while absent the jurisdiction of the court.
(b) The suspension shall be effective the first of the month
following the month in which the court notifies the retirement
system. The suspension shall be in effect until the retirement system
is notified by the court. Upon notification by the court that the
suspension has been lifted, the retirement system shall commence
payment of the retirement allowance payable and make a onetime
payment of the amount payable that had been suspended.
(c) "Public officer," for the purposes of this section, means
every officer of the state, and every officer of a county, city, city
and county, district, and authority, and each department, division,
bureau, board, commission, agency, or instrumentality of any of these
entities.
(d) The suspension shall not affect the payment of any survivor's
benefits by the retirement system.
(e) This section shall apply to persons who served in a public
office prior to January 1, 1995, as well as to all persons who serve
in a public office on or after January 1, 1995.