Section 21763 Of Part 3.4. Internal Revenue Code Compliance And Replacement Benefit Plan From California Government Code >> Division 5. >> Title 2. >> Part 3.4.
21763
. (a) If Section 415 of Title 26 of the United States Code is
amended to exclude public retirement systems, or if the application
of Section 415 to public retirement systems is invalidated by the
final decision of an appellate court of proper jurisdiction, all
sections of this part, except this section and Section 21758, shall
become inoperative as of the effective date of that amendment or
decision. The board shall immediately notify the Secretary of State
whenever any provision of this part becomes inoperative pursuant to
this section.
(b) Whenever all sections of this part, except this section and
Section 21758, become inoperative pursuant to this section, and to
the extent not prohibited by the Internal Revenue Code, the board
shall do all of the following:
(1) Remove the pension limitations imposed by Section 415 for
prospective payments to annuitants.
(2) Eliminate the replacement benefits, and reimburse annuitants
for that portion of their pension funds that had been credited to the
Replacement Benefit Custodial Fund but not yet been disbursed, with
accrued interest.
(3) Take any and all other actions it deems necessary or feasible.