Chapter 3 - Administration of the Plan

California Government Code — §§ 22960.35-22960.40

Sections (7)

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.

§ 22960.35

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.

§ 22960.36

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.

§ 22960.37

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.

§ 22960.38

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.

§ 22960.39

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.

§ 22960.40

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.