California Government Code Section 20903
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California Laws > Government Code > California Government Code Section 20903
20903. Notwithstanding any other provisions of this part, when the
governing body of a contracting agency determines that because of an
impending curtailment of, or change in the manner of performing
service, the best interests of the agency would be served, a local
member shall be eligible to receive additional service credit if the
following conditions exist:
(a) The member is employed in a job classification, department, or
other organizational unit designated by the governing body of the
contracting agency and retires within any period designated in and
subsequent to the effective date of the contract amendment, or any
additional period or periods designated in any subsequently adopted
resolution of the governing body of the contracting agency, provided
the period is not less than 90 days nor more than 180 days.
(b) The governing body agrees that the added cost to the
retirement fund for all eligible employees who retire during the
specified period shall be included in the contracting agency's
employer contribution rate, as determined by Section 20814.
(c) The governing body shall certify that it is electing to
exercise the provisions of this section, because of impending
mandatory transfers, demotions, and layoffs that constitute at least
1 percent of the job classification, department, or organizational
unit as designated by the governing board, resulting from the
curtailment of, or change in the manner of performing, its services.
(d) The governing body shall certify that it is its intention at
the time that this section is made operative that if any early
retirements are granted after receipt of service credit pursuant to
this section, that any vacancies thus created or at least one vacancy
in any position in any department or other organizational unit shall
remain permanently unfilled thereby resulting in an overall
reduction in the workforce of the department or organizational unit.
(e) The amount of additional service credit shall be two years
regardless of credited service.
(f) This section is not applicable to any member otherwise
eligible if the member receives any unemployment insurance payments
during the specified period.
(g) Any member who qualifies under this section, upon subsequent
reentry to this system shall forfeit the service credit acquired
under this section.
(h) This section does not apply to any member who is not employed
by the contracting agency during the period designated in subdivision
(a) and who has less than five years of service credit.
(i) This section does not apply to any contracting agency unless
and until the agency elects to be subject to the provision of this
section by amendment to its contract made in the manner prescribed
for approval of contracts, except an election among the employees is
not required, or, in the case of contracts made after January 1,
2000, by express provision in the contract making the contracting
agency subject to the provisions of this section.
Before adopting this provision, the governing body of a
contracting agency shall, with timely public notice, place the
consideration of this section on the agenda of a public meeting of
the governing body, at which time disclosure shall be made of the
additional employer contributions, and the funding therefor, and
members of the public shall be given the opportunity to be heard. The
matter may not be placed on the agenda as a consent item. Only after
the public meeting may the governing body adopt this section. The
governing body shall also comply with the requirements of Section
7507. The employer shall notify the board of the employer's
compliance with this subdivision at the time of the governing body's
application to adopt this section.
(j) The contracts of contracting agencies that adopted the
provisions of former Section 20903, prior to the repeal of that
section on January 1, 1999, shall remain in full force and effect in
accordance with their terms and the terms of this section.
Notwithstanding subdivision (i), those contracting agencies need not
amend their contracts or otherwise comply with the requirements of
subdivision (i) to be subject to this section. Without limiting the
foregoing, eligibility periods under subdivision (a) of former
Section 20903, designated by the governing body of a contracting
agency by resolution pursuant to the terms of its contract or
contract amendment, shall remain in effect in accordance with their
terms as if designated pursuant to this section.
(k) Notwithstanding Section 20790, an election to become subject
to this section may not exclude an agency from the definition of
"employer" for purposes of Section 20790.
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Last modified: March 17, 2014