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AB-545 Judges’ retirement.(2007-2008)



Current Version: 09/30/08 - Chaptered

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AB545:v94#DOCUMENT

Assembly Bill No. 545
CHAPTER 626

An act to add Sections 75506.7 and 75506.8 to the Government Code, relating to judges’ retirement, making an appropriation therefor, and declaring the urgency thereof, to take effect immediately.

[ Approved by Governor  September 30, 2008. Filed with Secretary of State  September 30, 2008. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 545, Walters. Judges’ retirement.
The existing Judges’ Retirement System II Law permits a judge who is a member of the system and eligible to retire to elect to receive a monthly allowance or monetary credits, as specified. The law permits a judge to elect to make contributions and receive service credit in the system for certain active military service performed prior to entering the system. Contributions to the Judges’ Retirement System II are deposited in the Judges’ Retirement System II Fund, which is continuously appropriated.
This bill would permit a judge to elect to receive service credit for the purposes of retirement, or for purposes of calculating survivor benefits, for the time during which he or she was absent from his or her position as a judge by reason of service with the uniformed services, as defined, provided that the judge returns to judicial office within 6 months of separation from an eligible period of service in the uniformed services, as specified, and the judge elects and satisfies specified requirements regarding his or her contributions. The bill would require that a judge who satisfies these requirements also receive specified monetary credits. The bill would require the system to comply with specified provisions of federal law. The bill would require the state to contribute an amount equal to the contributions that would have been made by the state during the judge’s absence when the judge satisfies the requirements to receive this service credit. By increasing contributions to the Judges’ Retirement System II Fund, this bill would make an appropriation.
This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2/3   Appropriation: YES   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 75506.7 is added to the Government Code, to read:

75506.7.
 (a) A judge may receive service credit for the purposes of retirement under Section 75522 or 75560, or for purposes of calculating survivor benefits under Section 75590, for the time during which he or she was absent from his or her position as a judge by reason of service with the uniformed services, if the judge returns to judicial office within six months of separation from an eligible period of service in the uniformed services, as prescribed in Chapter 43 (commencing with Section 4301) of Title 38 of the United States Code, and the judge elects and satisfies the requirements of subdivision (b).
(b) In order to receive service credit under subdivision (a) a judge shall contribute an amount equal to the member contributions that would have been made by the judge during the absence as required under Sections 75061 and 75602. The judge’s contributions shall be made prior to the judge’s retirement and shall be effective only if accompanied by a lump-sum payment of the contributions due for the period during which the judge was absent due to service with the uniformed services. The judge’s payment of contributions shall not exceed the amount the judge would have been required to contribute had the judge not served in the uniformed services and remained in judicial office continuously throughout the eligible period of service in the uniformed services.
(c) Upon satisfaction of the requirements of subdivisions (a) and (b), the judge shall be credited with the service that would have accrued had the judge remained continuously employed and not undertaken service in the uniformed services.
(d) Upon satisfaction of the requirements of subdivisions (a) and (b), the judge shall receive the monetary credits that would have accrued under Section 75520 if the member had not served in the uniformed services and had remained in judicial office continuously.
(e) The system shall comply with Chapter 43 (commencing with Section 4301) of Title 38 of the United States Code, as that chapter may be amended from time to time.
(f) For the purposes of this section:
(1) “Uniformed services” means the Armed Forces, the Army National Guard and the Air National Guard when engaged in active duty for training, inactive duty training, or full-time National Guard duty, the commissioned corps of the Public Health Service, and any other category of persons designated by the President in time of war or national emergency.
(2) “Service in the uniformed services” means the performance of duty on a voluntary or involuntary basis in a uniformed service under competent authority and includes: active duty, active duty for training, initial active duty for training, inactive duty training, full-time National Guard, or a period for which a person is absent from a position of employment for the purpose of an examination to determine the fitness of the employment for the purpose of performing funeral honors duty as provided in Section 12503 of Title 10 or Section 115 of Title 32 of the United States Code.

SEC. 2.

 Section 75506.8 is added to the Government Code, to read:

75506.8.
 When a judge that satisfies the requirements of Section 75506.7 makes the contributions required to receive service credit for service with the uniformed services, the state shall contribute an amount equal to the contributions that would have been made by the state during the judge’s absence. The state’s contribution shall be based upon the judge’s compensation earnable and the contribution rates in effect at the commencement of the absence.

SEC. 3.

 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to implement these provisions governing retirement service credits for judges as soon as possible, it is necessary that this act take effect immediately.