Section 71624 Of Article 2. Authority To Hire, Classification, And Compensation From California Government Code >> Title 8. >> Chapter 7. >> Article 2.
71624
. (a) A county that contracts with the Board of Administration
of the Public Employees' Retirement System as of the implementation
date of this chapter and the trial court located within that county
shall establish a joint contract with the county under Section
20460.1 and subdivision (b) of Section 20469.1 in accordance with the
pertinent provisions of the Public Employees' Retirement Law (Part 3
(commencing with Section 20000) of Division 5 of Title 2) and any
other applicable rules of the retirement system. Eligibility to
participate in the Public Employees' Retirement System shall be
determined in accordance with the pertinent provisions of the Public
Employees' Retirement Law and any other applicable rules of the
retirement system. For all other counties and their corresponding
county defined-benefit retirement system, a trial court employee
shall be eligible to participate as a member in the existing county
defined-benefit retirement system in the county in which the court is
located.
(b) If a trial court employee participates as a member in a county
defined-benefit retirement system, his or her participation shall be
subject to the applicable statutes, rules, regulations, policies,
and plan and contract terms of the retirement system as is any other
member of the system. In accordance with these provisions, the trial
court employee who is a member of a county defined-benefit retirement
system shall have the right to receive the same defined-benefit
retirement plan benefits as county employees without the opportunity
to meet and confer with the county as to those benefits. For all
county defined-benefit systems other than the Public Employees'
Retirement System, the trial court shall pay to the county retirement
system at the same rate of contribution for trial court employees as
is required of the county for county employees under the county
retirement system for the same benefit level. Provided that a county
and a trial court are parties to a joint contract with CalPERS for
the provision of retirement benefits under Sections 20460.1 and
20469.1, the county defined-benefit retirement system contribution
rates for the trial court shall be the same as the contribution rates
for the county for the same benefit levels.
(c) Unless otherwise required by law, as provided in Section
71612, the implementation of this chapter shall not be a cause for
the modification of the trial court employee's contractual coverage
under, or exclusion from, social security.
(d) To facilitate trial court employee participation in county
defined-benefit retirement plans, the trial court and county may
mutually agree that the county shall administer the payroll for trial
court employees.
(e) Nothing in this section precludes a trial court from offering
a different defined-benefit retirement plan for trial court employees
that is separate from the county defined-benefit retirement plan,
subject to the terms of a memorandum of understanding or agreement
for represented employees, or the terms of trial court policies,
procedures, or plans, for unrepresented employees. The mechanism for
implementation of these plans shall be created by statute.
(f) For purposes of this section, "county defined-benefit
retirement system" means a defined-benefit retirement system
administered by the county or applicable governing body, including
systems established pursuant to the Public Employees Retirement Law
(Part 3 (commencing with Section 20000) of Division 5 of Title 2),
the County Employees' Retirement Law of 1937 (Chapter 3 (commencing
with Section 31450) of Part 3 of Division 3 of Title 3), or an
independent retirement system or plan.
(g) On the date this chapter is implemented, a trial court
employee who is a member of any county defined-benefit retirement
system shall continue to be eligible to receive the same level of
benefits that the member was eligible to receive prior to
implementation of this chapter.