Section 20200 Of Article 6. Investments From California Government Code >> Division 5. >> Title 2. >> Part 3. >> Chapter 2. >> Article 6.
20200
. (a) Notwithstanding any other provision of law, the board
may establish a program utilizing the retirement fund to assist
system members, through financing, to obtain homes throughout the
United States.
(b) For the purpose of this section, the term "member" means any
person who is receiving, or is entitled to receive, a retirement
allowance funded by this system, the Legislators' Retirement System,
the Judges' Retirement System, or the Judges' Retirement System II,
notwithstanding any vesting requirement and without regard to present
eligibility to retire.
(c) The board shall adopt regulations governing the program that
shall, among other things, provide:
(1) That home loans be made available to members for the purchase
of single-family dwellings, two-family dwellings, three-family
dwellings, four-family dwellings, single-family cooperative
apartments, and single-family condominiums.
(2) That private lending institutions throughout the United States
shall originate and service its home loans pursuant to agreements
entered into between those institutions and the board.
(3) That the recipients of the loans occupy the homes as their
permanent residences in accord with rules and regulations established
by the board.
(4) That its home loans shall be available only for the purchase
or refinancing of homes throughout the United States and that under
no condition shall a member have more than one outstanding loan.
(5) That the amount and length of the loans shall be pursuant to a
schedule periodically established by the board that shall provide a
loan-to-value ratio of no greater than the following:
(A) One hundred percent for the first loan for a single-family
dwelling, single-family cooperative apartment, or single-family
condominium.
(B) Ninety-five percent for the first loan on a two-family
dwelling.
(C) Ninety percent for the first loan on a three-family dwelling
or four-family dwelling.
The portion of any loan exceeding 80 percent of value shall be
insured by an admitted mortgage guaranty insurer conforming to
Chapter 2A (commencing with Section 12640.01) of Part 6 of Division 2
of the Insurance Code, in an amount so that the unguaranteed portion
of the loan does not exceed 75 percent of the market value of the
property together with improvements thereon.
(6) That there may be prepayment penalties assessed on its loans
in accordance with rules and regulations established by the board.
(7) That the criteria and terms for its loans shall provide the
greatest benefit to members consistent with the financial integrity
of the program and the sound investment of the retirement fund.
(8) Any other terms and conditions as the board shall deem
appropriate.
(d) This section shall be known as, and may be cited as, the Dave
Elder Public Employees' Retirement System Member Home Loan Program
Act.