Chapter 1 - General Provisions

California Government Code — §§ 22960-22960.4

Sections (35)

Amended by Stats. 2012, Ch. 665, Sec. 163. (SB 1308) Effective January 1, 2013.

(a)The State Peace Officers’ and Firefighters’ Defined Contribution Plan is hereby established for state peace officer and firefighter members in Bargaining Unit 6 who have become subject to this part by memorandum of understanding, as provided by Section 3517.5.
(b)The plan may also be provided to state peace officers or firefighters who are either excluded from the definition of state employee in subdivision (c) of Section 3513, or are nonelected officers or employees of the executive branch of government and are not members of the civil service, and who supervise employees in a bargaining unit that is subject to this part, provided that the Department of Human Resources has approved their inclusion for coverage under

this part.

Added by Stats. 2014, Ch. 790, Sec. 2. (AB 611) Effective September 29, 2014.

The plan is intended to constitute a governmental plan as defined by Section 414(d) of the Internal Revenue Code (26 U.S.C. Sec. 414(d)) and, as such, the plan and all benefits payable thereunder are intended to satisfy all requirements of Section 401(a) of the Internal Revenue Code (26 U.S.C. Sec. 401(a)) that apply to the plan.

Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.

The State Peace Officers’ and Firefighters’ Defined Contribution Plan shall supplement the benefits provided under Part 3 (commencing with Section 20000).

Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.

(a)The State Peace Officers’ and Firefighters’ Defined Contribution Plan is a qualified money purchase pension plan under Section 401(a) of Title 26 of the United States Code.
(b)The design and administration of the State Peace Officers’ and Firefighters’ Defined Contribution Plan shall conform with the applicable provisions of Title 26 of the United States Code and the Revenue and Taxation Code.

Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.

If any provision of this part or application thereof to any person or circumstance is held invalid, that invalidity shall not affect other provisions or applications of this part that can be given effect without the invalid provision or application, and to this end the provisions of this part are severable.

Amended by Stats. 2014, Ch. 790, Sec. 1. (AB 611) Effective September 29, 2014.

(a)The Legislature finds and declares that an agreement between the exclusive representative of state peace officer and firefighter members in State Bargaining Unit 6 and the employer has eliminated the employer contributions to the plan provided in Section 22960.60.
(b)The following shall occur:
(1)All contributions to the plan shall cease.
(2)New participants shall be prohibited from participating in the plan.
(3)The plan shall be terminated

effective June 1, 2014, subject to obtaining appropriate approvals from the Internal Revenue Service, including a favorable determination letter on plan termination from the Internal Revenue Service.

(4)Subject to paragraph (3), all moneys in the fund shall be distributed in accordance with this part and federal law. If not elected otherwise, amounts that become payable from the fund under this section shall be rolled over under Section 401(a)(31) of Title 26 of the United States Code to the Supplemental Contributions Program established in accordance with Section 22970.

Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.

“Account” means the account maintained with respect to the participant which reflects that aggregate value of the following amounts credited to the participant:

(a)Employee contributions to the plan.
(b)Employer contributions to the plan on behalf of the participant.
(c)Net earnings of the State Peace Officers’ and Firefighters’ Defined Contribution Plan Fund allocable to the participant.
(d)Any amount credited to the participant’s account by reason of a transfer from another qualified plan in accordance with applicable federal tax laws.

Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.

“Beneficiary” means any person or persons designated by the participant pursuant to this part, or otherwise entitled by statute, to receive distributions from the participant’s account upon the death of the participant.

Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.

“Board” means the Board of Administration of the California Public Employees’ Retirement System.

Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.

“Compensation” means the total amount paid to an employee for a plan year as required to be reported on the employee’s Internal Revenue Service form W-2 for income tax withholding purposes. This amount shall include employee contributions picked up by the employer under Section 414(h)(2) of Title 26 of the United States Code; and any amounts deducted by the employer from the participant’s salary, including deductions for tax-deferred retirement plans or insurance programs; deductions for participation in an eligible deferred compensation plan within the meaning of Section 457 of Title 26 of the United States Code; and deductions for participation in a plan that meets the requirements of Section 125 or 401(k) of Title 26 of the United States Code.

Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.

“Disability” means a disability as determined by the board pursuant to Section 21156.

Amended by Stats. 2009, Ch. 130, Sec. 34. (AB 966) Effective January 1, 2010.

“Eligible employee” means any person employed by the state, whose compensation is paid out of funds directly controlled by the state, and who is subject to coverage by the plan pursuant to the provisions of Section 22960.

Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.

“Employee contribution” means the amount withheld from the participant’s compensation by the employer as a contribution to the participant’s account in the plan.

Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.

“Employee contribution rate” means the percentage of the participant’s compensation to be withheld by the employer as an employee contribution to the plan.

Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.

“Employer” means the State of California.

Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.

“Employer contribution” means the amount contributed by the employer to the participant’s account in the plan.

Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.

“Employer contribution rate” means the percentage of the participant’s compensation to be contributed by the employer to the participant’s account in the plan.

Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.

“Fund” means the State Peace Officers’ and Firefighters’ defined Contribution Plan Fund.

Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.

“Net earnings” means the income earned, or losses incurred, on the State Peace Officers’ and Firefighters’ Defined Contribution Plan Fund, less the costs of administering the plan.

Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.

“Normal retirement age” means the age at which the participant is eligible for a retirement benefit without special qualifications and is the age of 50 years under this plan.

Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.

“Participant” means an employee who is subject to coverage by the plan, and who has contributions credited under the plan.

Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.

“Plan” means the State Peace Officers’ and Firefighters’ Defined Contribution Plan.

Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.

“Plan year” means the 12-month period commencing on any January 1 and ending on the following December 31.

Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.

“Retirement” means termination of all employment for the employer and completion of all conditions precedent to receiving a distribution for retirement.

Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.

“Spouse” means the person married to the participant on the date the participant files a beneficiary designation, or an application for a distribution from the plan, or on the date of the participant’s death.

Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.

“State peace officers and firefighters” means those persons included in the definition of “state peace officer/firefighter member” pursuant to Article 3 (commencing with Section 20390) of Chapter 4 of Part 3.

Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.

“System” means the Public Employees’ Retirement System.

Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.

“Termination” means termination of employment by reason of separation from all service for the employer.

Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.

“Valuation date” means the date as of which the assets of the fund are valued.

Amended by Stats. 2012, Ch. 665, Sec. 164. (SB 1308) Effective January 1, 2013.

(a)Except as provided in this part, the plan shall be administered by the board in conformity with its powers and duties for administration of the system as set forth in Part 3 (commencing with Section 20000). The board shall, to the extent that it determines feasible, follow the procedures set forth in Article 7 (commencing with Section 20220) of Chapter 2 of Part 3.
(b)The board may retain a third-party administrator to perform recordkeeping, customer service or other plan administration services.
(c)The board shall notify the Department of Human Resources when it is prepared to implement the plan.

Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.

(a)The board shall adopt a trust instrument embodying the material terms and conditions of the plan consistent with this part and the applicable provisions of Title 26 of the United States Code.
(b)The board may, as it deems necessary, amend the plan consistent with this part and the applicable provisions of Title 26 of the United States Code.
(c)The board shall provide reasonable notice to each plan participant of any plan amendment.

Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.

In administering the plan, the officers and employees of the system shall discharge their duties with respect to the plan solely in the interest of the participants and beneficiaries:

(a)In accordance with the documents and instruments governing the plan insofar as those documents and instruments are consistent with this part.
(b)For the exclusive purpose of both of the following:
(1)Providing benefits to participants and their beneficiaries.
(2)Defraying reasonable expenses of administering the plan.
(c)By investing with the care, skill, prudence, and diligency under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with those matters would use in the conduct of an enterprise of a like character and with like aims.

Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.

With regard to the plan, the board shall not engage in any transaction prohibited by Section 503(b) of Title 26 of the United States Code.

Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.

The board may require a third-party administrator, recordkeeper, custodian, or investment manager that is contracted with, or appointed by the system, to be subject to the duties set forth in Section 22960.37.

Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.

Data filed by any participant or beneficiary with the board is confidential, and no individual record shall be divulged by any official or employee having access to that data to any person other than the participant to whom the information relates or his or her authorized representative, employer, or any state department or agency. The information shall be used by the board for the sole purpose of carrying into effect the provisions of this part. Any information that is requested for retirement purposes by any public agency shall be treated as confidential by the agency.

(a)The board may seek reimbursement for reasonable administrative expenses incurred when providing that information. Except as provided by this section, no participant’s or beneficiary’s address, home telephone number, or other personal information shall be released.
(b)For purposes of this section, “authorized representative” includes the spouse or beneficiary of a participant when no contrary appointment has been made and when, in the opinion of the board, the participant is prevented from appointing an authorized representative because of mental or physical incapacity or death.