Article 1 - General Provisions and Definitions

California Government Code — §§ 22000-22018

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Repealed and added by Stats. 1955, Ch. 1441.

It is the policy of the Legislature that the protection afforded employees in positions covered by a retirement system on the date an agreement under this part is made applicable to service performed in such positions, or receiving periodic benefits under such retirement system at such time, will not be impaired as a result of making the agreement so applicable or as a result of legislative enactment in anticipation thereof.

Repealed and added by Stats. 1955, Ch. 1441.

All liabilities and obligations created by Chapter 46 of the Statutes of 1950, Third Extraordinary Session, and amendments thereto or by Chapter 10 of the Statutes of 1955, or by any agreement or modification entered into between the State and the federal agency, as herein defined, under the authority of said statutes, are continued in full force and effect the same as if said statutes had not been repealed.

Repealed and added by Stats. 1955, Ch. 1441.

Unless the context otherwise requires the definitions and general provisions set forth in this chapter govern the constructions of this part.

Repealed and added by Stats. 1955, Ch. 1441.

Whenever reference is made in this part to any federal law or regulation or part thereof, the reference applies to all amendments thereto now or hereafter made.

Amended by Stats. 1967, Ch. 84.

“Board” shall have the following meanings: Until July 1, 1955, “board” means the Director of Finance. On and after July 1, 1955, “board” means the Board of Administration of the Public Employees’ Retirement System.

Amended by Stats. 1981, Ch. 609, Sec. 32.

“Federal agency” means the Department of Health and Human Services or the Secretary of Health and Human Services, or the predecessor or successor in function to that department or officer.

Added by Stats. 1955, Ch. 1441.

“Agreement” means the agreement or any modification thereof now, heretofore or hereafter executed by the board with the federal agency pursuant to this part or Chapter 46 of the Statutes of 1950 (Third Extraordinary Session), Chapter 1569, Statutes of 1951, or Chapter 10 of Statutes of 1955 and Section 218 of Title II of the Social Security Act.

Added by Stats. 1955, Ch. 1441.

“Eligible employee” means an employee whose services may under the provisions of Section 218 of Title II of the Social Security Act and this part be brought under the terms of the agreement, but not including any employee whose services are excluded from the agreement by a public agency under paragraph (3) or (5) of Section 218(c) of the Social Security Act.

Added by Stats. 1955, Ch. 1441.

“Eligible retirement system employee” for the purposes of any referendum with respect to any retirement system has the meaning given the term “eligible employee” in Section 218(d)(3) of the Social Security Act.

Amended by Stats. 1983, Ch. 142, Sec. 60.

“Public agency” means the state, any city, county, city and county, district, municipal or public corporation or any instrumentality thereof, or boards and committees established under Chapter 1 (commencing with Section 58601) or 2 (commencing with Section 59501) of Part 1 of Division 21 of the Food and Agricultural Code, Chapter 754 of the Statutes of 1933, as amended, or Chapter 307 of the Statutes of 1935, as amended, the employees of which constitute one or more coverage groups or retirement system coverage groups.

Added by Stats. 1973, Ch. 967.

“Public agency” also includes any nonprofit corporation formed for the purpose of operating a coliseum or sports arena for the general recreational purposes of a city or county.

Added by Stats. 1979, Ch. 120.

“Public agency” also includes a county superintendent of schools whose office the board has determined to be fiscally independent. As to such office, the county board of education is the legislative or governing body for purposes of this part.

Added by Stats. 2005, Ch. 328, Sec. 21. Effective January 1, 2006.

“Public agency” also includes a school district, a county superintendent of schools, and a regional occupational center or program established pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1, with respect to employees eligible for membership in the State Teachers’ Retirement Plan.

Amended by Stats. 2006, Ch. 655, Sec. 85. Effective January 1, 2007.

“Retirement system” includes:

(a)A pension, annuity, retirement or similar fund or system established by a public agency and covering only positions of that agency.
(b)The Public Employees’ Retirement System with respect only to employees of the state and employees of the University of California in positions covered by that system.
(c)The Public Employees’ Retirement System with respect to employees of all school districts in positions covered under each contract entered into by a county superintendent of schools and the system.
(d)The State Teachers’ Retirement System with respect to all employees in positions subject to coverage under the Defined Benefit Program of the State Teachers’ Retirement Plan except employees of a public agency having any employees in positions covered by that system who are also in positions covered by a local retirement system for the retirement of teachers, or for membership in which public school teachers are eligible, operated by a city, city and county, county or other public agency or combination of public agencies of the state.
(e)The Legislators’ Retirement System with respect to all employees in positions covered by that system.
(f)The Judges’ Retirement System with respect to all employees in positions covered by that system.
(g)The University of California Retirement Plan only with respect to all employees in positions covered by that system.
(h)The San Francisco Employees’ Retirement System with respect to all employees in positions covered by that system.
(i)Any other retirement system with respect only to employees of any two or more of the public agencies having employees in positions covered by that system, as designated by the board and with regard to which the board authorizes conduct of a referendum.
(j)Any retirement system with respect only to employees of a hospital that is an integral part of a city incorporated between January 15, 1898, and July 15, 1898, in positions covered by the system, as designated by the board on request of the city.
(k)Except as otherwise provided in subdivisions (b) to (j), inclusive, any retirement system with respect to employees of each of the public agencies having employees in positions covered by the system.
(l)The State Teachers’ Retirement System with respect to all employees of each public agency, as defined by Section 22009.03, in positions covered by the State Teachers’ Retirement Plan.
(m)Each division or part of a retirement system, as defined in subdivisions (a), (b), (c), (e), (g), (h), (i), (j), (k), and (l) of this section, that is divided pursuant to this chapter into two parts:
(1)The part composed of the positions of members of the system who desire coverage under the federal system.
(2)The part composed of the positions of members of the system who do not desire coverage under the federal system.

Added by Stats. 1955, Ch. 1441.

“Coverage group” has the meaning given that term by Section 218(b)(5) of Title II of the Social Security Act and federal regulations adopted pursuant thereto.

Added by Stats. 1955, Ch. 1441.

“Retirement system coverage group,” with respect to any retirement system, means all employees designated as a coverage group in Section 218(d)(4) of the Social Security Act for the purposes of Section 218(c) of the Social Security Act only. The services of employees in any retirement system coverage group that are included in an agreement shall then become for all purposes of the agreement services performed as members of the coverage group to which they otherwise belong.

Amended by Stats. 1967, Ch. 1353.

“Federal system” means the insurance system established under Title II of the Social Security Act.

Amended by Stats. 1998, Ch. 678, Sec. 15. Effective January 1, 1999.

“Policeman” as used in this part includes members of the California Highway Patrol, state safety members of the Public Employees’ Retirement System employed by the Department of Justice, sheriffs, undersheriffs, deputy sheriffs, marshals and deputy marshals, and any other employee of a public agency other than the state or University of California in a position designated as a policeman’s position by the board for the purposes of Section 218(d)(5)(A) of the Social Security Act.

Amended by Stats. 1998, Ch. 678, Sec. 16. Effective January 1, 1999.

“Policeman” as used in this part also includes persons employed in the Department of Fish and Game in connection with its warden service, whose principal duties consist of active law enforcement service, including immediate supervision by persons employed to perform the duties now performed under the titles of chief and assistant chief of warden service, and captain of patrol boats for the purposes of Section 218(d)(5)(A) of the Social Security Act.

Amended by Stats. 1998, Ch. 678, Sec. 31. Effective January 1, 1999.

“Policeman” as used in this part, also includes persons employed in positions set forth in Section 20415 for the purposes of Section 218(d)(5)(A) of the Social Security Act (42 U.S.C. Sec. 418(d)(5)(A)).

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