Section 21070.5 Of Article 2. Second Tier Retirement—state From California Government Code >> Division 5. >> Title 2. >> Part 3. >> Chapter 12. >> Article 2.
21070.5
. (a) Notwithstanding any other provision of this article, a
person who, on or after January 1, 2000, becomes a state
miscellaneous or state industrial member of the system because the
person (1) is first employed by the state, (2) returns to employment
with the state from a break in service of more than 90 days, or (3)
returns to employment with the state after ceasing to be a member
pursuant to Section 20340 or 21075, shall be subject to the benefits
provided by Section 21354.1, unless the person elects within 180 days
of membership as a state miscellaneous or state industrial member to
be subject to the Second Tier benefits provided for in Section 21076
or 21076.5, as applicable. This section shall only apply to state
miscellaneous and state industrial members who are (1) excluded from
the definition of state employee in subdivision (c) of Section 3513,
(2) employed by the executive branch of government and are not
members of the civil service, or (3) included in the definition of
state employee in subdivision (c) of Section 3513.
(b) The effective date of the election shall be the first day of
the month following the date the election is received by the system
and shall be applicable to state service rendered on and after that
date. Any election filed with the board pursuant to this section
shall also be signed by the spouse of the member.
(c) A member who makes an election authorized by this section
shall not be precluded from making a subsequent election pursuant to
Section 21073.7 to be subject to the benefits provided by Section
21354.1.
(d) Operation and application of this section are subject to the
limitations set forth in Section 21251.13.
(e) For a member subject to Section 20281.5, the 180-day election
period shall not commence until the first day of the first pay period
commencing 24 months after becoming a member of the system.