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Section 21385 Of Article 4. Retirement For Service From California Government Code >> Division 5. >> Title 2. >> Part 3. >> Chapter 13. >> Article 4.
21385
. The prior service pension of a member reinstated from
service retirement, upon his or her subsequent service retirement,
shall be in the same amount as his or her prior service pension prior
to his or her reinstatement, adjusted for any service on which the
pension was based that was included in coverage of the federal system
during reinstatement according to the formula applicable to the
service in employment from which he or she was retired, and further
adjusted according to any change in the provisions governing the
calculation of the pensions, using the formula applied in the first
adjustment, made after the reinstatement and applicable to pensions
being paid at the date of the change if the subsequent retirement
occurs before he or she renders after his or her reinstatement at
least one year of state service credited under this system.
Otherwise, the prior service pension calculated on the basis of an
age, taken to the preceding completed quarter year but not less than
the minimum retirement age applicable to him or her at his or her
last retirement, and determined by deducting from his or her age at
his or her subsequent retirement, the aggregate time during which he
or she was under retirement. For such a member reinstated from
nonindustrial disability retirement, the prior service pension upon
his or her service retirement after attaining an age one year less
than the minimum age at which he or she could have retired without an
actuarial discount because of age in the employment from which he or
she was last retired, or upon his or her disability retirement after
attaining the minimum age, and subsequent to reinstatement, shall be
calculated in the manners described in the preceding sentence, but
the age determined upon subsequent retirement after rendering at
least one year of state service, shall not be taken at less than one
year less than the minimum age if the subsequent retirement is for
service, or the minimum age if the retirement is for disability.
The prior service pension otherwise payable under this section to
a member whose allowance prior to reinstatement was paid pursuant to
his or her election under Section 21461 shall be reduced by the
actuarial equivalent, on the date of retirement subsequent to
reinstatement, of the amount, if any (converted as below), by which:
(a) The total amount paid in the period during which a temporary annuity was included in the payments, the amount being reduced by the total amount that would have been payable during the period had the election not been made; exceeds
(b) The excess of the total amount that would have been payable, had the election not been made, during the time subsequent to the period and prior to reinstatement over the total amount actually paid during that time. The amount determined by the above formula shall be converted to an amount equaling the actuarial equivalent on the date of reinstatement. The latter amount shall be the basis of the actuarial equivalent, on the date of retirement subsequent to reinstatement. Actuarial equivalents required by this section shall be based on the interest rate and mortality tables in use by this system on the date of retirement subsequent to reinstatement. Notwithstanding this section, or any other provision of this part, the prior service pension payable to any member subject to this section who rendered one year or more of state service credited under this system after reinstatement on retirement for service subsequent to reinstatement from service retirement for any credited service for which a prior service pension was paid prior to reinstatement shall not be less than the prior service pension that would be payable on the date of the subsequent retirement had the member not been reinstated, adjusted, however, by any reduction under this section because of an election under Section 21461 and, for any service so credited that was included in coverage of the federal system during reinstatement, according to the formula applicable to the service in employment from which he or she was retired.
(a) The total amount paid in the period during which a temporary annuity was included in the payments, the amount being reduced by the total amount that would have been payable during the period had the election not been made; exceeds
(b) The excess of the total amount that would have been payable, had the election not been made, during the time subsequent to the period and prior to reinstatement over the total amount actually paid during that time. The amount determined by the above formula shall be converted to an amount equaling the actuarial equivalent on the date of reinstatement. The latter amount shall be the basis of the actuarial equivalent, on the date of retirement subsequent to reinstatement. Actuarial equivalents required by this section shall be based on the interest rate and mortality tables in use by this system on the date of retirement subsequent to reinstatement. Notwithstanding this section, or any other provision of this part, the prior service pension payable to any member subject to this section who rendered one year or more of state service credited under this system after reinstatement on retirement for service subsequent to reinstatement from service retirement for any credited service for which a prior service pension was paid prior to reinstatement shall not be less than the prior service pension that would be payable on the date of the subsequent retirement had the member not been reinstated, adjusted, however, by any reduction under this section because of an election under Section 21461 and, for any service so credited that was included in coverage of the federal system during reinstatement, according to the formula applicable to the service in employment from which he or she was retired.
