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Legal Resources | Government Code |  GC  21354.1  

Combined Current and Prior Service   

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(a) The combined current and prior service pensions for school members, state miscellaneous or state industrial members, or university members who are subject to the provisions of this section is a pension derived from the contributions of the employer sufficient, when added to the service retirement annuity that is derived from the accumulated normal contributions of the member at the date of retirement, to equal the fraction of one-fiftieth of the member's final compensation set forth opposite the member's age at retirement, taken to the preceding completed quarter year, in the following table, multiplied by the number of years of current and prior service, except service in a category of membership other than that of a school member, state miscellaneous or state industrial member, or university member or service covered under this retirement formula with which the member is entitled to be credited at retirement:

Age at

retirement Fraction

50 ............................... 0.550

50 1/4 ........................... 0.573

50 1/2 ........................... 0.595

50 3/4 ........................... 0.618

51 ............................... 0.640

51 1/4 ........................... 0.663

51 1/2 ........................... 0.685

51 3/4 ........................... 0.708

52 ............................... 0.730

52 1/4 ........................... 0.753

52 1/2 ........................... 0.775

52 3/4 ........................... 0.798

53 ............................... 0.820

53 1/4 ........................... 0.843

53 1/2 ........................... 0.865

53 3/4 ........................... 0.888

54 ............................... 0.910

54 1/4 ........................... 0.933

54 1/2 ........................... 0.955

54 3/4 ........................... 0.978

55 ............................... 1.000

55 1/4 ........................... 1.008

55 1/2 ........................... 1.016

55 3/4 ........................... 1.024

56 ............................... 1.032

56 1/4 ........................... 1.040

56 1/2 ........................... 1.048

56 3/4 ........................... 1.055

57 ............................... 1.063

57 1/4 ........................... 1.071

57 1/2 ........................... 1.079

57 3/4 ........................... 1.086

58 ............................... 1.094

58 1/4 ........................... 1.102

58 1/2 ........................... 1.110

58 3/4 ........................... 1.118

59 ............................... 1.125

59 1/4 ........................... 1.134

59 1/2 ........................... 1.141

59 3/4 ........................... 1.149

60 ............................... 1.157

60 1/4 ........................... 1.165

60 1/2 ........................... 1.173

60 3/4 ........................... 1.180

61 ............................... 1.188

61 1/4 ........................... 1.196

61 1/2 ........................... 1.203

61 3/4 ........................... 1.211

62 ............................... 1.219

62 1/4 ........................... 1.227

62 1/2 ........................... 1.235

62 3/4 ........................... 1.243

63 and over ...................... 1.250

(b) The fraction specified in the above table shall be reduced by one-third as applied to that part of final compensation that does not exceed four hundred dollars ($400) per month for all service of a member any of whose service has been included in the federal system. This subdivision shall not apply to school members whose service is included in the federal system with respect to service performed on or after January 1, 2001.

(c) This section shall supersede Section 21353 for all school members, all university members, and all state miscellaneous members, with respect to service rendered for the California State University or the legislative or judicial branch of government, who retire on or after January 1, 2000.

(d) This section shall also supersede Section 21353 for state miscellaneous or state industrial members, for service not subject to subdivision (c), who are employed by the state on or after January 1, 2000, and who do not elect under Section 21070.5 to be subject to Second Tier benefits.

(e) Operation and application of this section are subject to the limitations set forth in Section 21251.13.

(f) Notwithstanding any other provision of this section, this section shall not apply to a state miscellaneous or industrial member who is employed by the state for the first time and becomes a state miscellaneous or industrial member of the system on or after the first day of the pay period following the effective date of the act adding this subdivision, and is represented by State Bargaining Unit 12, 16, 18, or 19. With respect to related state miscellaneous or industrial members in managerial, supervisory, or confidential positions and officers or employees of the executive branch of state government who are not members of the civil service, the Director of the Department of Personnel Administration may exercise his or her discretion whether to approve their status in writing to the board.

(g) Notwithstanding any other provision of this section, this section shall not apply to a state miscellaneous or industrial member who is employed by the state for the first time and becomes a state miscellaneous or industrial member of the system on or after October 31, 2010, and is represented by State Bargaining Unit 5 or 8. With respect to related state miscellaneous or industrial members in managerial, supervisory, or confidential positions and officers or employees of the executive branch of state government who are not members of the civil service, the Director of the Department of Personnel Administration may exercise his or her discretion whether to approve their status in writing to the board.

(Amended by Stats. 2010, Ch. 163, 17.)