Gov. Code, § 21328 · Article 3. Cost-of-Living Adjustments
Gov. Code, § 21328
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) In addition to the increase in allowance authorized and granted pursuant to Section 21313, and notwithstanding the limitation on that increase imposed by this article and subdivision (b) of Section 21337 or subdivision (a) of Section 21337.1, effective January 1, 2000, or the date this section becomes applicable to the contracting agency, the monthly allowance paid with respect to a state, local, or school member who retired or died prior to January 1, 2000, or the date this section becomes applicable to the contracting agency, other than an allowance provided by Article 3 (commencing with Section 21570) of Chapter 14, shall be increased by the percentage set forth opposite the year of retirement or death in the following schedule:
Period during which retirement or death occurred: Percentage:
24 months ending Dec. 31, 1999 0.0%
12 months ending Dec. 31, 1997 1.0%
24 months ending Dec. 31, 1996 2.0%
60 months ending Dec. 31, 1994 3.0%
60 months ending Dec. 31, 1989 4.0%
120 months ending Dec. 31, 1984 5.0%
12 months ending Dec. 31, 1974 or earlier 6.0%
The percentage shall be applied to the allowance payable on January 1, 2000, or the date this section becomes applicable to the contracting agency, and the allowance as so increased shall be paid for time on and after that date and until the first day of April immediately following the date of application. The base allowance shall be the allowance as increased under this section. Notwithstanding Section 21337 or 21337.1 to the contrary, this increase shall not be included in determining the initial monthly allowance upon which a supplemental benefit is payable pursuant to Section 21337 or 21337.1.
(b) This section shall not apply to any contracting agency unless and until the agency elects to be subject to its provisions by amendment to its contract, made in the manner prescribed for approval of contracts, or, in the case of contracts made after the effective date of this section, by an express provision in the contract making the contracting agency subject to the provisions of this section.
Notes and commentary — not statutory text
History
Amended by Stats. 2001, Ch. 793, Sec. 29. Effective January 1, 2002.
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=21328.
- Text hash
- sha256 ea0a0485384afd0b6c78c3cbd2bbb983e1def6094f6d85e6e2c5350e2683be1b
- 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, § 21313Printed as Section 21313
- Gov. Code, § 21337Printed as Section 21337 | Section 21337 or 21337.1
- Gov. Code, § 21337.1Printed as Section 21337 or 21337.1 | Section 21337.1
- Gov. Code, tit. 2, div. 5, pt. 3, ch. 14, art. 3Preretirement 1959 Survivor AllowancePrinted as Article 3 (commencing with Section 21570) of Chapter 14
Cited by 1 provision
Provisions in this library whose text cites Gov. Code, § 21328. Each shows the citation as that text prints it.
Government Code
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.