Section 20201 Of Article 6. Investments From California Government Code >> Division 5. >> Title 2. >> Part 3. >> Chapter 2. >> Article 6.
20201
. (a) It is the intent of the Legislature that the provisions
of this section be available to assist members in obtaining homes
throughout the United States. The Legislature intends that home loans
made pursuant to Section 20200 and this section shall be secured
primarily by the property acquired except as authorized pursuant to
paragraph (1) of subdivision (b) and shall not exceed the fair market
value of the property acquired.
(b) The board shall include in any program established pursuant to
Section 20200 a procedure whereby a member may obtain 100-percent
financing for the purchase of a single-family dwelling unit in
accordance with the following criteria:
(1) The member shall obtain one loan with a loan-to-value ratio
not to exceed 95 percent secured by the purchased home and a second
personal loan with a loan-to-value ratio not to exceed 5 percent
secured by a portion of the accumulated contributions and vested
accrued benefits in the member's individual account. A member can
only have one outstanding personal loan.
(2) The loan secured by the purchased home shall be consistent
with the loan-to-value ratios specified in the schedules established
pursuant to Section 20200.
(3) The amount of a conforming loan on a single-family dwelling
unit shall not exceed 95 percent of the Federal National Mortgage
Association (FNMA) conforming loan limits. The amount shall be
adjusted annually as determined by the Federal National Mortgage
Association (FNMA). In no event, shall the loan amount exceed three
hundred fifty thousand dollars ($350,000).
(4) In no event may the personal loan secured by the accumulated
contributions and vested accrued benefits in the member's individual
account exceed 50 percent of the current value amount of the
accumulated contributions.
(5) The pledge of security under this section shall remain in
effect until the loan is paid in full.
(c) In the event of a default on the personal loan secured by the
member's contributions as authorized by this section, the board may
deduct an amount from the member's contributions on deposit and
adjust the member's accrued benefit, up to the amount pledged as
security, prior to making any disbursement of retirement benefits.
(d) The secured personal loan permitted under this section shall
be made available only to currently employed members who meet
eligibility criteria the board deems advisable.
(e) If the member is married at the time the home is purchased
with a personal loan secured by the member's contributions as
authorized by this section, then the member's spouse shall agree in
writing to the pledge of security, as to his or her community
interest in the amount pledged regardless of whether title to the
home is in joint tenancy.
(f) The pledge of security under this section shall take binding
effect, notwithstanding Section 21255. In the event of default, the
accumulated contributions in the member's account shall be reduced as
necessary to recover any outstanding loan balance, not to exceed the
pledged amount.
(g) Appropriate administrative costs of implementing this section
shall be paid by the members utilizing this section. Those costs may
be included in the loan amount.
(h) Appropriate interest rates shall be periodically reviewed and
adjusted to provide loans to members consistent with the financial
integrity of the member home loan program and the sound and prudent
investment of the retirement fund.
(i) The amendments to this section by Chapter 1094 of the Statutes
of 1994 shall be deemed to have become operative on November 1,
1993.
(j) The board shall administer this section under other terms and
conditions it deems appropriate and in keeping with the investment
standard set forth in Section 20151. The board may adopt procedural
guidelines as necessary for its administration of this section and to
assure compliance with applicable state and federal laws.