Section 21071 Of Article 2. Second Tier Retirement—state From California Government Code >> Division 5. >> Title 2. >> Part 3. >> Chapter 12. >> Article 2.
21071
. (a) Notwithstanding any other provision of this article,
except as provided in subdivisions (b) and (c), persons who first
become state miscellaneous or state industrial members of the system
on or after July 1, 1991, and who are: (1) excluded from the
definition of state employee in subdivision (c) of Section 3513; (2)
employed by the executive branch of government who are not members of
the civil service; or (3) included in the definition of state
employee in subdivision (c) of Section 3513 shall become subject to
Section 21076.
(b) Any person who was a member on or before June 30, 1991,
eligible to elect membership on or before June 30, 1991, or who was
employed in any position on or before June 30, 1991, that would lead
to membership as a state member, as defined in Section 20370, and who
thereafter enters employment subject to Section 21076 shall be
granted the rights provided in subdivision (c) of Section 21070,
unless the person had earlier made an irrevocable election to be
subject to Section 21076 or 21077. The one-year period in which to
make the election provided in subdivision (c) of Section 21070 for
any member who became a state member prior to January 1, 1994, shall
commence with the mailing of a notice by the system to the member, of
his or her election right. The effective date of the election shall
be the date on which the member became a state miscellaneous or state
industrial member. The member shall be obligated to make the
contributions specified in Section 20677.
(c) Effective on or after April 1, 1998, state miscellaneous or
industrial members may elect to be subject to the service retirement
formula prescribed in Section 21353.5, as an alternative to Second
Tier membership under Section 21076. The election shall be provided
to eligible members by the appointing authority, and, to be
effective, an election must be filed with the board. Eligible members
who must be in the employment of the state are defined as members in
state bargaining units for which a memorandum of understanding has
been agreed to by the state employer and the recognized employee
organization to become subject to Section 21353.5. The effective date
of a member's election shall be the first day of the month following
the date the election is filed with the system.
(d) This section shall not apply to state miscellaneous members
employed by the California State University or employees described in
Section 20324.