Gov. Code, § 20894 · Article 1. General Provisions
Gov. Code, § 20894
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) A person shall not receive credit for the same service in two retirement systems supported wholly or in part by public funds under any circumstance.
(b) Nothing in this section shall preclude concurrent participation and credit for service in a public retirement system and in a deferred compensation plan established pursuant to Chapter 4 (commencing with Section 19993) or Chapter 8.6 (commencing with Section 19999.3) of Part 2.6 or pursuant to Article 1.1 (commencing with Section 53212) of Chapter 2 of Part 1 of Division 2 of Title 5, a tax-deferred retirement plan that meets the requirements of Section 40l(k) of Title 26 of the United States Code, or a money purchase pension plan and trust that meets the requirements of Section 401(a) of Title 26 of the United States Code.
(c) Nothing in this section shall preclude concurrent participation and credit for service in the defined benefit plan provided under this part and in a supplemental defined benefit plan maintained by the employer that meets the requirements of Section 401(a) of Title 26 of the United States Code, provided all of the following conditions exist:
(1) The defined benefit plan provided under this part has been designated as the employer’s primary plan for the person.
(2) The supplemental defined benefit plan has received a ruling from the Internal Revenue Service stating that the plan qualifies under Section 401(a) of Title 26 of the United States Code, and has furnished proof thereof to the employer and, upon request, to the board.
(3) The person’s participation in the supplemental defined benefit plan does not, in any way, interfere with the person’s rights to membership in the defined benefit plan, or any benefit provided, under this part.
(d) For purposes of this section only, a person who elects to purchase service as described in Section 21029.5 for his or her service with the California National Guard is deemed not to receive credit for the same service in two retirement systems supported wholly or in part by public funds.
Notes and commentary — not statutory text
History
Amended by Stats. 2007, Ch. 355, Sec. 15. Effective January 1, 2008.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV§ionNum=20894.
- Text hash
- sha256 c251105a555656a458004fda3b1e9671d09192b911fca0a3e4a37166cc837868
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Government Code
- Gov. Code, tit. 2, div. 5, pt. 2.6, ch. 4Deferred CompensationPrinted as Chapter 4 (commencing with Section 19993)
- Gov. Code, tit. 2, div. 5, pt. 2.6, ch. 8.6Alternate Retirement Program for New Employees Exempted from Contributions to the Public Employees’ Retirement SystemPrinted as Chapter 8.6 (commencing with Section 19999.3) of Part 2.6
- Gov. Code, § 21029.5Printed as Section 21029.5
- Gov. Code, tit. 5, div. 2, pt. 1, ch. 2, art. 1.1Deferred CompensationPrinted as Article 1.1 (commencing with Section 53212) of Chapter 2 of Part 1 of Division 2 of Title 5
Cited by 3 provisions
Provisions in this library whose text cites Gov. Code, § 20894. Each shows the citation as that text prints it.
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.