Article 5. Redeposit Of Contributions of California Government Code >> Division 5. >> Title 2. >> Part 3. >> Chapter 8. >> Article 5.
Subject to regulations adopted by the board, a member may
file an election with the board to redeposit in the retirement fund,
in a lump sum or by installment payments, (1) an amount equal to the
accumulated contributions that he or she has withdrawn at one or more
terminations of service, or for one withdrawal at a time, but in
reverse chronological order in which they occurred, and (2) an amount
equal to the interest that would have been credited to his or her
account to the date of completion of payments had the contributions
not been withdrawn, and (3) if he or she elects to redeposit in other
than one sum, interest on the unpaid balance of the amount payable
to the retirement fund, beginning on the date of the election to
redeposit, as if the member interest crediting rate in effect on the
date of the election to redeposit had been and continued to be in
effect through the completion of the payments.
If a nonmember, as defined in Section 21291, withdraws
accumulated contributions in accordance with Section 21292, the
member may redeposit those contributions pursuant to this article.
A member whose right to redeposit contributions has been
awarded in part to a nonmember, pursuant to paragraph (3) of
subdivision (c) of Section 21290, may elect to redeposit
contributions for the same amount that the nonmember was entitled to
redeposit, if the nonmember has permanently waived all rights in the
system by effecting a refund of accumulated contributions pursuant to
Section 21292. A member electing to redeposit contributions pursuant
to this section shall make the redeposit pursuant to Section 20750.
(a) A member of the Judges' Retirement System, the Judges'
Retirement System II, the Legislators' Retirement System, the State
Teachers' Retirement Plan, the University of California Retirement
Plan, or a county retirement system, who has withdrawn accumulated
contributions from this system shall have the right to redeposit
those contributions, subject to the same conditions as imposed for
redeposits of accumulated contributions by Section 20750, including
the rights that he or she would have had under Section 20638 had he
or she not withdrawn his or her contributions.
(b) Provisions of this section extending a right to redeposit
accumulated contributions withdrawn from this system shall also apply
to members of any retirement system established under Chapter 2
(commencing with Section 45300) of Division 5 of Title 4 with respect
to which an ordinance complying with Section 45310.5 has been filed
with, and accepted by, the board or any retirement system established
by, or pursuant to, the charter of a city or city and county or by
any other public agency of this state which system, in the opinion of
the board, provides a similar modification of rights and benefits
because of membership in this system and with respect to which the
governing body of the city, city and county or public agency and the
board have entered into agreement pursuant to Section 20351.
(c) A member who elects to redeposit under this section shall have
the same rights as a member who has elected pursuant to Section
20731 to leave his or her accumulated contributions on deposit in the
fund.
Contributions due to this system because of salary earned
after reentry into state service following withdrawal and prior to
redeposit of accumulated contributions, but not paid to this system
because of termination of state service before completion of the
necessary administrative procedures, shall be administered upon
subsequent reentry into this system, as if the member had withdrawn
the contributions, and the termination of state service shall be
considered as a termination of membership.
Any amount that a member elected to pay under any election
with respect to normal contributions permitted under this part prior
to withdrawal of accumulated contributions, including amounts unpaid
at the time of the withdrawal, and any amount of arrears
contributions then unpaid shall be included, upon subsequent reentry
into this system, in the amount of withdrawn contributions for
purposes of redeposit under this article. Upon the redeposit of
withdrawn contributions, a member shall be entitled to all rights
accruing from that election with respect to normal contributions in
all respects as though payment had been completed at the time of the
withdrawal of accumulated contributions.
Upon reentering this system after a termination of his or
her membership, if a member does not elect to redeposit withdrawn
contributions as provided in Section 20750 or, having so elected,
subsequently does not make the redeposit, he or she reenters as a new
member without credit for any service except the prior service
credited to him or her before termination and any service that is
credited prior to termination of membership pursuant to subdivision
(c) of Section 20340.
Benefits based on service credited under this article and
Article 4 (commencing with Section 20730), where the service credit
is derived from a member's redeposit of contributions, shall be paid
from contributions of the employer or employers which is or are the
source of the contributions redeposited by the member. The employer
liability in this regard shall be limited only to its contributions
and no employer shall be liable for any portion of the member's own
contributions. All employer contributions, for purposes of this
article, shall be made by adjustment of the employer's rate of
contribution.