Gov. Code, § 21070.5 · Article 2. Second Tier Retirement—State
Gov. Code, § 21070.5
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) Notwithstanding any other provision of this article, a person who, on or after January 1, 2000, becomes a state miscellaneous or state industrial member of the system because the person (1) is first employed by the state, (2) returns to employment with the state from a break in service of more than 90 days, or (3) returns to employment with the state after ceasing to be a member pursuant to Section 20340 or 21075, shall be subject to the benefits provided by Section 21354.1, unless the person elects within 180 days of membership as a state miscellaneous or state industrial member to be subject to the Second Tier benefits provided for in Section 21076 or 21076.5, as applicable. This section shall only apply to state miscellaneous and state industrial members who are (1) excluded from the definition of state employee in subdivision (c) of Section 3513, (2) employed by the executive branch of government and are not members of the civil service, or (3) included in the definition of state employee in subdivision (c) of Section 3513.
(b) The effective date of the election shall be the first day of the month following the date the election is received by the system and shall be applicable to state service rendered on and after that date. Any election filed with the board pursuant to this section shall also be signed by the spouse of the member.
(c) A member who makes an election authorized by this section shall not be precluded from making a subsequent election pursuant to Section 21073.7 to be subject to the benefits provided by Section 21354.1.
(d) Operation and application of this section are subject to the limitations set forth in Section 21251.13.
(e) For a member subject to Section 20281.5, the 180-day election period shall not commence until the first day of the first pay period commencing 24 months after becoming a member of the system.
Notes and commentary — not statutory text
History
Amended by Stats. 2013, Ch. 526, Sec. 19. (SB 220) Effective January 1, 2014. Pursuant to subd. (d), section is conditionally operative as prescribed in Section 21251.13.
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=21070.5.
- Text hash
- sha256 a669e2eb4fba24f972004a79444f766b6d2657ea109e34cfe8908ccf086e6e8a
- 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, § 3513Printed as Section 3513
- Gov. Code, § 20281.5Printed as Section 20281.5
- Gov. Code, § 20340Printed as Section 20340 or 21075
- Gov. Code, § 21073.7Printed as Section 21073.7
- Gov. Code, § 21075Printed as Section 20340 or 21075
- Gov. Code, § 21076Printed as Section 21076 or 21076.5
- Gov. Code, § 21076.5Printed as Section 21076 or 21076.5
- Gov. Code, § 21251.13Printed as Section 21251.13
- Gov. Code, § 21354.1Printed as Section 21354.1
Cited by 2 provisions
Provisions in this library whose text cites Gov. Code, § 21070.5. Each shows the citation as that text prints it.
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