Article 1. Normal Contributions of California Government Code >> Division 5. >> Title 2. >> Part 3. >> Chapter 8. >> Article 1.
Notwithstanding any other provision of this part, separate
rates of contributions for male and female members shall not be
established or maintained, nor shall different benefit factors be
established for male and female members in the same category.
However, this section shall not apply to the computation of the
actuarial equivalents required under this part for the determination
of optional payments.
For purposes of this chapter, the age of entry into this
system as a member in any membership category for a person who enters
on or after October 1, 1957, and within 90 days after last rendering
service as a member of a county retirement system and who retains
his or her membership in that system shall be his or her age at entry
into the county retirement system.
Whenever a member's contribution rate is temporarily
reduced by statute, a memorandum of understanding, or the Director of
Human Resources, those reductions shall be limited to the payment of
member contributions during the reduction period and do not apply to
the purchase of service credit or the redeposit of member
contributions. The purchase of service credit and the redeposit of
member contributions shall be subject to the normal rate of
contribution for the member in effect immediately prior to the
temporary rate reduction.
The normal rate of contribution for a local safety member
subject to Section 21368 who after December 1, 1968, enters that
membership or enters employment more than one year following
termination of previous employment in which he or she was a local
safety member shall be the rate specified for his or her age, at his
or her birthday nearest to the date of that entry, in the rate
schedule for the benefit formula applicable to that membership as
established by the board in accordance with this chapter as it read
on November 30, 1968, and in effect on that date, except that on and
after January 1, 1977, female rates shall be adjusted to conform with
male rates.
The normal rate of contribution for any member whose
retirement allowance is determined under Section 21366, and who after
December 1, 1968, enters that membership or enters employment more
than one year after termination of employment in which he or she was
subject to Section 21366, shall be the rate, specified in the
schedule established by the board in accordance with this chapter as
it read on November 30, 1968, and in effect on that date for that
formula and benefit percentage, for the age at his or her birthday
nearest to the date of his or her earliest service subject to any of
those sections, whether or not contributions for that service were
withdrawn or redeposited, increased by the number of completed years
of his or her absence from any employment subject to any of such
sections, except that on and after January 1, 1977, female rates
shall be adjusted to conform with male rates.
Whenever a person becomes a state safety member as a result
of an amendment to this part defining state safety member, the rate
of contributions provided for state safety members shall apply only
to compensation paid that person for service on and after the
effective date of the amendment.
Whenever a person becomes a state peace officer/firefighter
member as a result of an amendment to this part defining state peace
officer/firefighter member, the rate of contribution provided for
state peace officer/firefighter shall apply only to compensation paid
the person for service on and after the effective date of the
amendment.
(a) (1) The normal rate of contribution for a state
miscellaneous member employed by the California State University, the
University, or the legislative or judicial branch whose service is
not included in the federal system shall be 6 percent of the
compensation in excess of three hundred seventeen dollars ($317) per
month paid that member for service rendered on and after July 1,
1976.
(2) The normal rate of contribution for a school member or a local
miscellaneous member shall be 7 percent of the compensation paid
that member for service rendered on and after June 21, 1971.
(3) Notwithstanding paragraph (2), the normal rate of contribution
for a local miscellaneous member subject to Section 21354.3,
21354.4, or 21354.5 shall be 8 percent of the compensation paid that
member for service rendered on and after the date the member's
contracting agency elects to be subject to that section.
(4) The normal rate of contribution as established under this
subdivision for a local miscellaneous or school member whose service
is included in the federal system, and whose service retirement
allowance is reduced under Section 21353, 21354, 21354.1, 21354.3,
21354.4, or 21354.5 because of that inclusion, shall be reduced by
one-third as applied to compensation not exceeding four hundred
dollars ($400) per month for service after the date of execution of
the agreement including service in the federal system and prior to
termination of the agreement with respect to the coverage group to
which he or she belongs. Notwithstanding the foregoing, effective
January 1, 2001, the normal rate of contribution for school members
whose service is included in the federal system shall not be reduced
pursuant to this paragraph as applied to compensation earned on or
after that date.
(b) (1) The normal rate of contribution for a state miscellaneous
member employed by the California State University, the University,
or the legislative or judicial branch whose service has been included
in the federal system shall be 5 percent of compensation in excess
of five hundred thirteen dollars ($513) per month paid that member
for service rendered on and after July 1, 1976.
(2) The normal rate of contribution for a state miscellaneous or
industrial member employed by the California State University, the
University, or the legislative or judicial branch, who has elected to
be subject to Section 21353.5 and whose service has been included in
the federal system, shall be 5 percent of compensation, subject to
the reduction specified in paragraph (5) of subdivision (a).
(a) (1) The normal rate of contribution for a state
miscellaneous or state industrial member whose service is not
included in the federal system shall be 6 percent of the compensation
in excess of three hundred seventeen dollars ($317) per month paid
to that member for service rendered on or after July 1, 1976.
(2) The normal rate of contribution for a state miscellaneous or
state industrial member, who has elected to be subject to Section
21353.5 and whose service is not included in the federal system,
shall be 6 percent of the member's compensation.
(3) The normal rate of contribution as established under this
subdivision for a member whose service is included in the federal
system, and whose service retirement allowance is reduced under
Section 21354.1, because of that inclusion, shall be reduced by
one-third as applied to compensation not exceeding four hundred
dollars ($400) per month for service after the date of execution of
the agreement including service in the federal system and prior to
termination of the agreement with respect to the coverage group to
which he or she belongs.
(b) The normal rate of contribution for a state miscellaneous or
state industrial member whose service has been included in the
federal system shall be 5 percent of compensation in excess of five
hundred thirteen dollars ($513) per month paid that member for
service rendered on or after July 1, 1976.
(c) The normal rate of contribution for a state miscellaneous or
state industrial member who is subject to Section 21076, 21076.5, or
21077 shall be determined in the manner described in Section 20683.2.
(d) A member who elected to become subject to Section 21353 solely
for service rendered on or after the effective date of the election,
as authorized by subdivision (c) of Section 21070 during the period
between November 1, 1988, and October 31, 1989, is not required to
make the contributions specified in Section 21073.
(e) A member who elects to become subject to Section 21354.1, as
applicable, shall contribute at the rate specified in paragraph (1)
of subdivision (a) or paragraph (1) of subdivision (b), as determined
by the member's status with the federal system, and the rate shall
be applied from the first of the month following the date of the
election. A member who makes the election shall also contribute for
service prior to the date the contribution rate was applied, in the
manner specified in Section 21073 or 21073.1, as applicable.
(f) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if the provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless and until approved by
the Legislature in the annual Budget Act.
(g) The Director of Human Resources may establish the normal rate
of contribution for a state employee who is excepted from the
definition of "state employee" in subdivision (c) of Section 3513,
and an officer or employee of the executive branch of state
government who is not a member of the civil service. The normal rate
of contribution shall be the same for all members identified in this
subdivision. The contribution rate shall be effective the beginning
of the pay period indicated by the Director of Human Resources but
shall be no earlier than the beginning of the pay period following
the date the board receives notification.
(a) Notwithstanding any provisions of Section 20677.4 to
the contrary, effective with the beginning of the pay period
following the operative date of the amendments to this section made
by Senate Bill 151 of the 2011-12 Regular Session, the normal rate of
contribution for state miscellaneous or state industrial members who
are subject to Section 21353 or 21354.1, and who are represented by
State Bargaining Unit 2, shall be:
(1) Ten percent of the compensation in excess of three hundred
seventeen dollars ($317) per month paid to a member whose service is
not included in the federal system.
(2) Nine percent of compensation in excess of five hundred
thirteen dollars ($513) per month paid to that member whose service
has been included in the federal system.
(b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if the provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless and until approved by
the Legislature in the annual Budget Act.
(c) The Director of the Department of Personnel Administration may
establish the normal rate of contribution for a state employee who
is excepted from the definition of "state employee" in subdivision
(c) of Section 3513, and an officer or employee of the executive
branch of state government who is not a member of the civil service.
The normal rate of contribution shall be the same for all members
identified in this subdivision. The contribution rate shall be
effective the beginning of the pay period indicated by the Director
of the Department of Personnel Administration but shall be no earlier
than the beginning of the pay period following the date the board
receives notification.
(a) Notwithstanding Section 20677.4, effective with the
beginning of the pay period following the effective date of this
section, the normal rate of contribution for state miscellaneous or
state industrial members who are represented by State Bargaining
Units 12, 16, 18, and 19, shall be:
(1) Eleven percent of the compensation in excess of three hundred
seventeen dollars ($317) per month paid to a member whose service is
not included in the federal system.
(2) Ten percent of compensation in excess of five hundred thirteen
dollars ($513) per month paid to that member whose service has been
included in the federal system.
(b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if the provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless and until approved by
the Legislature in the annual Budget Act.
(c) Consistent with the normal rate of contribution for all
members identified in this subdivision, the Director of the
Department of Personnel Administration may exercise his or her
discretion to establish the normal rate of contribution for a related
state employee who is excepted from the definition of "state
employee" in subdivision (c) of Section 3513, and an officer or
employee of the executive branch of state government who is not a
member of the civil service.
(d) Notwithstanding Section 20677.4, effective with the beginning
of the pay period following the operative date of the amendments to
this section made by Senate Bill 151 of the 2011-12 Regular Session,
this section shall apply to state miscellaneous or state industrial
members who are represented by State Bargaining Unit 13.
(a) Notwithstanding Section 20677.4, effective with the
beginning of the September 2010 pay period, the normal rate of
contribution for state miscellaneous or state industrial members who
are represented by State Bargaining Unit 8, shall be:
(1) Eleven percent of the compensation in excess of three hundred
seventeen dollars ($317) per month paid to a member whose service is
not included in the federal system.
(2) Ten percent of compensation in excess of five hundred thirteen
dollars ($513) per month paid to a member whose service has been
included in the federal system.
(b) Notwithstanding Section 20677.4, effective with the beginning
of the September 2010 pay period, the normal rate of contribution for
state miscellaneous or state industrial members who are represented
by State Bargaining Unit 5 shall be:
(1) Eight percent of the compensation in excess of three hundred
seventeen dollars ($317) per month paid to a member whose service is
not included in the federal system.
(2) Seven percent of compensation in excess of five hundred
thirteen dollars ($513) per month paid to a member whose service has
been included in the federal system.
(c) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if the provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless and until approved by
the Legislature in the annual Budget Act.
(d) Consistent with the normal rate of contribution for all
members identified in this subdivision, the Director of the
Department of Personnel Administration may exercise his or her
discretion to establish the normal rate of contribution for a related
state employee who is excepted from the definition of "state
employee" in subdivision (c) of Section 3513, and an officer or
employee of the executive branch of state government who is not a
member of the civil service.
(a) Notwithstanding Section 20677.4, effective with the
beginning of the pay period following ratification by the affected
union membership and enactment of this section, the normal rate of
contribution for state miscellaneous or state industrial members who
are represented by State Bargaining Unit 1, 3, 4, 11, 14, 15, 17, 20,
or 21 shall be:
(1) Nine percent of the compensation in excess of three hundred
seventeen dollars ($317) per month paid to a member whose service is
not included in the federal system.
(2) Eight percent of compensation in excess of five hundred
thirteen dollars ($513) per month paid to that member whose service
has been included in the federal system.
(b) Notwithstanding Section 20677.4, effective with the beginning
of the pay period following the operative date of the amendments to
this section made by Senate Bill 151 of the 2011-12 Regular Session,
this section shall apply to state miscellaneous or state industrial
members who are represented by State Bargaining Unit 6, 7, 9, or 10.
(c) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if the provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless and until approved by
the Legislature in the annual Budget Act.
(d) Consistent with the normal rate of contribution for all
members identified in this subdivision, the Director of the
Department of Personnel Administration may exercise his or her
discretion to establish the normal rate of contribution for a related
state employee who is excepted from the definition of "state
employee" in subdivision (c) of Section 3513, and an officer or
employee of the executive branch of state government who is not a
member of the civil service.
(a) Notwithstanding Sections 20681 and 20694, effective
with the beginning of the September 2010 pay period, the normal rate
of contribution for patrol members shall be 10 percent of the
compensation in excess of eight hundred sixty-three dollars ($863)
per month paid to those members.
(b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if the provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.
(c) Consistent with the normal rate of contribution for all
members identified in this subdivision, the Director of the
Department of Personnel Administration may exercise his or her
discretion to establish the normal rate of contribution for a related
state employee who is excepted from the definition of "state
employee" in subdivision (c) of Section 3513, and an officer or
employee of the executive branch of state government who is not a
member of the civil service.
(a) Notwithstanding Section 20683, effective with the
beginning of the pay period following the effective date of this
section, the normal rate of contribution for state safety members who
are represented by State Bargaining Units 12, 16, 18, and 19 shall
be 11 percent of compensation in excess of three hundred seventeen
dollars ($317) per month paid to a member whose service is not
included in the federal system or in excess of five hundred thirteen
dollars ($513) for one whose service is included in the federal
system.
(b) Notwithstanding Section 20683, effective with the beginning of
the pay period following the operative date of the amendments to
this section made by Senate Bill 151 of the 2011-12 Regular Session,
this section shall apply to state safety members who are represented
by State Bargaining Unit 13.
(c) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if those provisions
of the memorandum of understanding require the expenditure of funds,
those provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.
(d) Consistent with the normal rate of contribution for all
members identified in this subdivision, the Director of the
Department of Personnel Administration may exercise his or her
discretion to establish the normal rate of contribution for a related
state employee who is excepted from the definition of "state
employee" in subdivision (c) of Section 3513, and an officer or
employee of the executive branch of state government who is not a
member of the civil service.
(a) Notwithstanding Section 20683, effective with the
beginning of the pay period following ratification by the affected
union membership and enactment of this section, the normal rate of
contribution for state safety members who are represented by State
Bargaining Unit 1, 3, 4, 11, 14, 15, 17, 20, or 21 shall be 9 percent
of compensation in excess of three hundred seventeen dollars ($317)
per month paid to a member whose service is not included in the
federal system or in excess of five hundred thirteen dollars ($513)
for one whose service is included in the federal system.
(b) Notwithstanding Section 20683, effective with the beginning of
the pay period following the operative date of the amendments to
this section made by Senate Bill 151 of the 2011-12 Regular Session,
this section shall apply to state safety members who are represented
by State Bargaining Unit 7, 9, or 10.
(c) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if those provisions
of the memorandum of understanding require the expenditure of funds,
those provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.
(d) Consistent with the normal rate of contribution for all
members identified in this subdivision, the Director of the
Department of Personnel Administration may exercise his or her
discretion to establish the normal rate of contribution for a related
state employee who is excepted from the definition of "state
employee" in subdivision (c) of Section 3513, and an officer or
employee of the executive branch of state government who is not a
member of the civil service.
(a) Notwithstanding Section 20687, effective with the
beginning of the September 2010 pay period, the normal rate of
contribution for state peace officer/firefighter members who are
represented by State Bargaining Unit 8 shall be 10 percent of the
compensation in excess of two hundred thirty-eight dollars ($238) per
month paid to those members.
(b) Notwithstanding Section 20687, effective with the beginning of
the pay period following the operative date of the amendments to
this section made by Senate Bill 151 of the 2011-12 Regular Session,
the normal rate of contribution for state peace officer/firefighter
members who are represented by State Bargaining Unit 6 shall be 11
percent of the compensation in excess of eight hundred sixty-three
dollars ($863) per month paid to those members.
(c) Notwithstanding Section 20687, effective with the beginning of
the pay period following the operative date of the amendments to
this section made by Senate Bill 151 of the 2011-12 Regular Session,
the normal rate of contribution for state peace officer/firefighter
members who are represented by State Bargaining Unit 7 shall be 10
percent of the compensation in excess of five hundred thirteen
dollars ($513) per month paid to those members.
(d) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5 or pursuant to Chapter 12 (commencing with Section
3560) of Division 4 of Title 1, the memorandum of understanding shall
be controlling without further legislative action, except that if
those provisions of a memorandum of understanding require the
expenditure of funds, those provisions shall not become effective
unless approved by the Legislature in the annual Budget Act.
(e) Consistent with the normal rate of contribution for all
members identified in this subdivision, the Director of the
Department of Personnel Administration may exercise his or her
discretion to establish the normal rate of contribution for a related
state employee who is excepted from the definition of "state
employee" in subdivision (c) of Section 3513, and an officer or
employee of the executive branch of state government who is not a
member of the civil service.
(a) Notwithstanding Sections 20677.95 and 20687,
beginning July 1, 2013, the normal rate of contribution for employees
subject to subdivision (a) of Section 20677.95 shall be the
contribution established pursuant to Section 20677.95, as adjusted by
Section 7522.30, in excess of the compensation identified in
subdivision (c) of Section 20677.95 and effective July 1, 2014, the
normal rate of contribution for employees subject to subdivision (a)
of Section 20677.95 shall be the contribution established pursuant to
Section 20677.95, as adjusted by Section 7522.30, in excess of the
compensation identified in subdivision (b) of Section 20677.95.
(b) The contribution rate for a related state employee who is
exempted from the definition of "state employee," or an officer or
employee of the executive branch who is not a member of the civil
service, shall be adjusted accordingly.
(a) For each local safety member subject to Section 21362,
21362.2, or 21363.1 by reason of the amendment of his or her employer'
s contract, or on the later date of entrance into this system, the
normal rate of contribution shall be 9 percent of the compensation
paid to those members. For those members whose service is included in
the federal system, the normal rate of contribution shall be 9
percent of the compensation in excess of one hundred thirty-three
dollars and thirty-three cents ($133.33) per month paid to those
members.
(b) The normal rate of contribution for local safety members
subject to Section 21363 shall be 8 percent of the compensation paid
to those members. For those members whose service is included in the
federal system, the normal rate of contribution shall be 8 percent of
the compensation in excess of two hundred thirty-eight dollars
($238.00) per month paid to those members.
(c) Notwithstanding subdivision (b), the normal rate of
contribution for local safety members of the City of Sacramento
subject to Section 21363 shall be 9 percent of the compensation paid
to those members.
(d) No adjustment shall be included in rates adopted under this
section as the result of amendments hereto, changing the time at
which members may retire or the benefits members will receive,
because of time during which members have contributed at different
rates prior to the adoption.
(e) The amendments to this section enacted during the first year
of the 2001-02 Regular Session shall be operative retroactively to
January 1, 2000.
Contracting agencies which are auxiliary organizations as
defined in Section 89901 of the Education Code may by contract or by
contract amendment provide the same rates of normal contributions for
their employees who are local miscellaneous members as are
applicable to state miscellaneous members pursuant to Section 20677
on the effective date of the contract or contract amendment.
(a) The normal rate of contribution for patrol members shall
be 8 percent of the compensation in excess of eight hundred
sixty-three dollars ($863) per month paid those members. The
Legislature reserves the right to increase the rate of contribution
of patrol members as it may find appropriate from time to time.
(b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if the provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.
(c) The provisions of a memorandum of understanding pertaining to
subdivision (a) may be applied to patrol members who either are
excluded from the definition of state employees in subdivision (c) of
Section 3513, or are nonelected officers or employees of the
executive branch of government and are not members of the civil
service, provided the Department of Personnel Administration has
approved this inclusion and has notified the board.
Notwithstanding Sections 20677.4, 20677.5, 20677.6, 20677.9,
20683, 20683.1, 20686, and 20687, effective with the beginning of
the pay period following enactment of this section, the normal rate
of contribution for a state employee who is excepted from the
definition of "state employee" in subdivision (c) of Section 3513,
and an officer or employee of the executive branch of state
government who is not a member of the civil service shall be the
following:
(a) For state miscellaneous or state industrial members:
(1) Nine percent of the compensation in excess of three hundred
seventeen dollars ($317) per month paid to a member whose service is
not included in the federal system.
(2) Eight percent of compensation in excess of five hundred
thirteen dollars ($513) per month paid to that member whose service
has been included in the federal system.
(b) For state miscellaneous or state industrial members who are
excepted from the definition of "state employee" in subdivision (c)
of Section 3513 and related to State Bargaining Unit 2:
(1) Nine percent of the compensation in excess of three hundred
seventeen dollars ($317) per month paid to a member whose service is
not included in the federal system.
(2) Eight percent of compensation in excess of five hundred
thirteen dollars ($513) per month paid to that member whose service
has been included in the federal system.
(c) State safety members shall be 9 percent of compensation in
excess of three hundred seventeen dollars ($317) per month paid to a
member whose service is not included in the federal system or in
excess of five hundred thirteen dollars ($513) for one whose service
is included in the federal system.
(d) Peace officer/firefighter members shall be 11 percent of
compensation in excess of eight hundred sixty-three dollars ($863)
for state employees who are excepted from the definition of "state
employee" in subdivision (c) of Section 3513 and related to State
Bargaining Unit 6.
(e) Peace officer/firefighter members shall be 11 percent of
compensation in excess of five hundred thirteen dollars ($513) for
state employees who are excepted from the definition of "state
employee" in subdivision (c) of Section 3513 and related to State
Bargaining Unit 7.
(a) For each state member subject to Section 21369 or
21369.1, the normal rate of contribution shall be 6 percent of
compensation in excess of three hundred seventeen dollars ($317) per
month paid to a member whose service is not included in the federal
system or in excess of five hundred thirteen dollars ($513) for one
whose service is included in the federal system. If the provisions of
this section are in conflict with the provisions of a memorandum of
understanding reached pursuant to Section 3517.5, the memorandum of
understanding shall be controlling without further legislative
action, except that if those provisions of the memorandum of
understanding require the expenditure of funds, those provisions
shall not become effective unless approved by the Legislature in the
annual Budget Act.
(b) The Director of Human Resources may establish the normal rate
of contribution for a state employee who is excepted from the
definition of "state employee" in subdivision (c) of Section 3513,
and an officer or employee of the executive branch of state
government who is not a member of the civil service. The normal rate
of contribution shall be the same for all members identified in this
subdivision. The contribution rate shall be effective the beginning
of the pay period indicated by the Director of Human Resources but
shall be no earlier than the beginning of the pay period following
the date the board receives notification.
(c) For each local safety member subject to Section 21369, the
normal rate of contribution shall be 7 percent of compensation.
(d) The normal rate of contribution as established under this
section for a local member whose service is included in the federal
system and whose retirement allowance is reduced because of that
inclusion shall be reduced by one-third as applied to compensation
not exceeding four hundred dollars ($400) per month for service
rendered after the date of execution of the modification of the
federal-state agreement including those services in the federal
system and prior to termination of his or her coverage under the
federal system.
(e) The operative date of this section with respect to a local
safety member shall be the date upon which he or she becomes subject
to Section 21369.
(a) For each state safety member subject to Section 21369
or 21369.1 who is represented by State Bargaining Unit 2, the normal
rate of contribution shall be 10 percent of compensation in excess of
three hundred seventeen dollars ($317) per month paid to a member
whose service is not included in the federal system beginning with
the pay period following the operative date of the amendments to this
section made by Senate Bill 151 of the 2011-12 Regular Session. If
the provisions of this section are in conflict with the provisions of
a memorandum of understanding reached pursuant to Section 3517.5,
the memorandum of understanding shall be controlling without further
legislative action, except that if those provisions of the memorandum
of understanding require the expenditure of funds, those provisions
shall not become effective unless approved by the Legislature in the
annual Budget Act.
(b) The Director of Human Resources may establish the normal rate
of contribution for a state employee who is excepted from the
definition of "state employee" in subdivision (c) of Section 3513,
and an officer or employee of the executive branch of state
government who is not a member of the civil service. The normal rate
of contribution shall be the same for all members identified in this
subdivision. The contribution rate shall be effective the beginning
of the pay period indicated by the Director of Human Resources but
shall be no earlier than the beginning of the pay period following
the date the board receives notification.
Equal sharing of normal costs between the state employer
and public employees shall be the standard. It shall be the standard
that employees pay at least 50 percent of normal costs and that
employers not pay any of the required employee contribution. Equal
sharing of normal costs is currently the standard for most state
employees.
(a) Notwithstanding any other section of this code, or other
provision of law in conflict with this section, except as provided in
Section 7522.30, normal contribution rates for defined benefit plans
for state employees of public employers as defined in paragraph (1)
of subdivision (i) of Section 7522.04, excluding the California State
University, which shall be subject to subdivision (b), shall be
determined as follows:
(1) Normal cost contribution rates shall increase as follows:
(A) The contribution rate for State Peace Officer/Firefighter
members in State Bargaining Unit 6 and for State Safety members in
State Bargaining Units 1, 3, 4, 7, 9, 10, 11, 14, 15, 17, 20, and 21
will increase by 1.0 percentage point on July 1, 2013, and will
increase by an additional 1.0 percentage point on July 1, 2014.
(B) The contribution rate for State Peace Officer/Firefighter
members in State Bargaining Units 7 and 8 will increase by 1.5
percentage points on July 1, 2013, and will increase by an additional
1.5 percentage points on July 1, 2014.
(C) The contribution rate for state industrial members in State
Bargaining Units 1, 3, 4, 6, 9, 10, 11, 14, 15, 17, and 20 will
increase by 1.0 percentage point on July 1, 2013.
(D) The contribution rate for state miscellaneous and industrial
members that have elected the Second Tier benefit formula will
increase by 1.5 percentage points annually starting July 1, 2013. The
final annual increase in the contribution rate shall be adjusted as
appropriate.
(E) The contribution rate for State Safety members in State
Bargaining Unit 2 and state miscellaneous members in State Bargaining
Unit 5 will increase by 1.0 percentage point on July 1, 2013.
(F) The contribution rate for Patrol members in State Bargaining
Unit 5 will increase by 1.5 percentage points on July 1, 2013.
(2) Consistent with paragraph (1), the normal rate of contribution
shall be adjusted accordingly for related state employees who are
exempted from the definition of "state employee," who are excluded
from collective bargaining, or who are officers or employees of the
executive, legislative, or judicial branch of state government who
are not members of the civil service.
(b) On and after January 1, 2019, the California State University
may require that members pay at least 50 percent of the normal cost
of benefits, provided that their contribution shall be no more than 8
percent of pay for miscellaneous members subject to Section 21354.1,
no more than 11 percent of pay for safety members, and no more than
13 percent of pay for peace officer/firefighter members.
(A) Before implementing any change pursuant to this paragraph, for
any represented employees, the employer shall complete the good
faith bargaining process as required by Chapter 12 (commencing with
Section 3560) of Division 4 of Title 1, including any impasse
procedures requiring mediation and factfinding.
(B) Nothing in this section shall preclude employees of the
California State University from agreeing to contribute more than the
costs described in this subdivision for any benefit.
(C) The Legislature authorizes to the California State University
to increase member contribution rates pursuant to this paragraph,
while reserving the right to adjust contribution rates under Section
20689 of the Government Code.
(c) Calculation of employee contribution rate increases pursuant
to this section shall be based upon compensation calculations
established pursuant to Sections 20671 to 20694, inclusive.
(d) In addition to the actuarially required contribution, savings
realized by the state employer, excluding savings realized by the
California State University, as a result of the employee contribution
rate increases required or authorized by this section shall be
allocated to any unfunded liability, subject to appropriation in the
annual Budget Act. It is the intent of the Legislature that any
savings realized from a change in contribution rates at the
California State University pursuant to this section be retained by
the university.
For each local safety member subject to Section 21370,
effective on January 1, 1985, or later date of entrance into this
system as such a member, the normal rate of contribution shall be 7
percent of compensation.
The normal rate of contribution as established under this section
for a local safety member whose service is included in the federal
system and whose retirement allowance is reduced pursuant to Section
21370 because of that inclusion shall be reduced by one-third as
applied to compensation not exceeding four hundred dollars ($400) per
month for service rendered after the date of execution of the
modification of the federal-state agreement including services in the
federal system and prior to termination of his or her coverage under
the federal system.
The operative date of this section with respect to a local safety
member shall be the date upon which the local safety member becomes
subject to Section 21370.
The normal rate of contribution for a local member who was a
member of a local system at the time it was discontinued by
inclusion of members of the local system in this system shall, if the
contract so provides, be based on age at entry of the member into
the local system.
For each state safety member defined in Section 20401 and
whose current and prior service pensions shall be computed pursuant
to Section 21373, the normal rate of contribution shall be 8 percent
and shall be made only on the compensation in excess of two hundred
thirty-eight dollars ($238) per month. The Legislature reserves the
right to increase the rate of contribution as it may find appropriate
from time to time. No adjustment shall be included in rates adopted
under this section as the result of amendments hereto, changing the
time at which members may retire or the benefits members shall
receive, because of time during which members have contributed at
different rates prior to that adoption.
(a) The normal rate of contribution for state peace
officer/firefighter members subject to Section 21363, 21363.1,
21363.3, 21363.4, or 21363.8 shall be 8 percent of the compensation
in excess of two hundred thirty-eight dollars ($238) per month paid
to those members.
(b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5 or pursuant to Chapter 12 (commencing with Section
3560) of Division 4 of Title 1, the memorandum of understanding shall
be controlling without further legislative action, except that if
those provisions of a memorandum of understanding require the
expenditure of funds, those provisions shall not become effective
unless approved by the Legislature in the annual Budget Act.
(c) The Director of Human Resources may establish the normal rate
of contribution for a state employee who is excepted from the
definition of "state employee" in subdivision (c) of Section 3513,
and an officer or employee of the executive branch of state
government who is not a member of the civil service. The normal rate
of contribution shall be the same for all members identified in this
subdivision. The contribution rate shall be effective the beginning
of the pay period indicated by the Director of Human Resources but
shall be no earlier than the beginning of the pay period following
the date the board receives notification.
Notwithstanding Section 20687, the normal rate of
contribution for state peace officer/firefighter members who are
supervisors within the boards and departments of the Youth and Adult
Correctional Agency or who are correctional supervisors within the
State Department of State Hospitals for pay periods beginning after
April 30, 2001, shall be 8 percent of compensation in excess of eight
hundred sixty-three dollars ($863) per month paid those members.
The normal rate of contribution otherwise established under
this article for a local safety member whose retirement allowance is
determined under Section 21362, 21362.2, 21363.1, or 21366, and
reduced under Section 21367 because his or her service is included in
the federal system, shall be reduced by one-third as applied to
compensation not exceeding four hundred dollars ($400) for services
rendered in any month after the date of execution of the modification
of the federal-state agreement, including services in the federal
system, or the effective date of the contract or contract amendment
pursuant to which a contracting agency and its employees become
subject to this section, whichever is later, and prior to the date
upon which services of persons in his or her employment cease to be
covered under the federal system.
The Legislature reserves the right to increase or otherwise
adjust the rates of contribution prescribed in this article in
amounts and in a manner it may from time to time find appropriate.
Contract amendments, and that portion of a contract which
subjected an employer to former Section 20614, as it read prior to
its repeal by Chapter 1168 of the Statutes of 1980, may be revoked
prospectively in the manner provided for the approval of contracts,
including an election among employees affected.
(a) (1) Except as provided in subdivision (b),
notwithstanding any other law, a contracting agency or school
employer may pay all or a portion of the normal contributions
required to be paid by a member. Where the member is included in a
group or class of employment, the payment shall be for all members in
the group or class of employment. If an individual is not part of a
group or class, the payment shall be limited to the amount that the
board determines is payable to similarly situated members in the
closest related group or class, subject to the limitations of
paragraph (2) of subdivision (e) of Section 20636. The payments shall
be reported simply as normal contributions and shall be credited to
member accounts.
(2) Nothing in this subdivision shall be construed to limit the
authority of a contracting agency or school employer to periodically
increase, reduce, or eliminate the payment by the contracting agency
or school employer of all or a portion of the normal contributions
required to be paid by members, as authorized by this section.
(b) Notwithstanding subdivision (a), employers shall not pay a
portion of the normal contributions for members who are subject to
subdivision (c) of Section 7522.30, except where authorized pursuant
to subdivision (f) of Section 7522.30.
(a) Where a contracting agency employer or a school employer
has elected to pay all or a portion of the normal contributions of
members of a group or class of employment pursuant to Section 20691,
the employer may, pursuant to a labor policy or agreement, stop
paying those contributions during the final compensation period
applicable to the members and, instead, increase the payrate of the
members by an amount equal to the normal contributions paid by the
employer on behalf of the employees in the pay period immediately
prior to the final compensation period or increase the payrate of the
members by an amount established by a labor policy or agreement in
existence and in effect on June 30, 1993. That amount shall not
exceed the amount of the normal member contributions that are
required to be paid by the members.
(b) This section shall not apply to any contracting agency or to
any school employer unless and until the contracting agency or the
school employer elects to be subject to this section by amendment to
its contract made in the manner prescribed for approval of contracts,
except an election among the employees is not required. In the case
of contracts made after July 1, 1994, the section shall not apply
unless incorporated by express provision in the contract. However, no
school employer may act pursuant to this section unless and until
the board approves a request for the amendment of the contract of a
school employer to authorize termination of the payment. A school
employer shall not submit a request for a contract amendment unless
there is on file a request to terminate that payment from the county
superintendent of schools office and each school district, community
college district, and other school entity within the jurisdiction of
that school employer.
(c) Before adopting this provision, the governing body of a
contracting agency or school employer shall, with timely public
notice, place the consideration of this section on the agendas of two
consecutive public meetings of the governing body, at which time,
full disclosure shall be made of the nature of the benefit, the
additional employer contributions, and the funding therefor. Only
after the second of these public meetings may the governing body
adopt this section. The employer shall notify the board of the
employer's compliance with this subdivision at the time of the
governing body's application to adopt this section.
(d) Persons hired after the effective date of an employer's
contract amendment to include this section shall be informed by the
employer of how this benefit relates to their total compensation and
benefit package.
(e) The additional employer contributions required under this
section shall be computed as a level percentage of member
compensation. The additional contribution rate required at the time
this section is added to a contract shall not be less than the sum of
(1) the actuarial normal cost, plus (2) in the case of a contract
amendment, the additional contribution required to amortize the
increase in accrued liability attributable to the benefit elected
under this section over the unfunded actuarial liability period
currently in the agency's contract, commencing from the date this
section becomes effective in the agency's contract.
(f) For the purposes of this section, all contributions,
liabilities, actuarial interest rates, and other valuation factors
necessary to calculate the employer's contribution shall be
determined on the basis of actuarial assumptions and methods which,
in combination, provide the board's best estimate of anticipated
experience under the system. The board has the exclusive power and
duty to make these determinations.
(g) Within 30 days of notification from the board to the
contracting agency or school employer of the additional employer
contributions required pursuant to this section, the contracting
agency or school employer, or a recognized employee organization, or
both, may file with the board a request for a review of the
determination of the calculation of the additional employer
contributions. The board shall promulgate regulations governing the
conduct of the review, that shall include the means by which an
employer or recognized employee organization may submit independent
actuarial evidence regarding the additional contribution required by
this section. The board shall make the final determination on the
additional employer contributions needed to fund this contract
amendment.
(h) This section shall not apply to a new member as defined in
Section 7522.04.
(a) Except as provided in subdivision (b), notwithstanding
any other law, the state or the Regents of the University of
California may pay all or a portion of the normal contributions
required to be paid by a state member. The payments shall be reported
as employer-paid normal contributions and shall be credited to
member accounts. Nothing in this subdivision shall be construed to
limit the authority of the state to periodically increase, reduce, or
eliminate the payment by the state of all or a portion of the normal
contributions required to be paid by a state member, as authorized
by this section.
This section shall be subject to any applicable
collective-bargaining laws.
(b) Notwithstanding subdivision (a), employers shall not pay a
portion of the normal contributions for members who are subject to
subdivision (c) of Section 7522.30, except where authorized pursuant
to subdivision (f) of Section 7522.30.
(a) This section shall apply only to patrol members in State
Bargaining Unit 5.
(b) The state shall pay all of the normal contributions required
to be paid by patrol members pursuant to Section 20681 until June 30,
2001.
(c) Notwithstanding Section 20681, effective July 1, 2001, the
normal rate of contribution for patrol members shall be 1.5 percent
of the compensation in excess of eight hundred sixty-three dollars
($863) per month paid those members. The state shall pay the
difference between the normal contributions that would be required to
be paid by patrol members pursuant to Section 20681 and the amount
paid by those members pursuant to this section.
(d) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if the provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.