Existing law establishes the Judges' Retirement System II, which provides retirement and other benefits to its members and is administered by the Board of Administration of the Public Employees' Retirement System. Under the Judges' Retirement System II, a judge is eligible to retire upon attaining both 65 years of age and 20 or more years of service, or upon attaining 70 years of age with a minimum of 5 years of service. Existing law entitles a judge who retires pursuant to this authorization to elect between a specified a monthly retirement allowance for life or certain monetary credits. Existing law grants the surviving spouse of a judge who was eligible to retire, as specified, the right to elect to receive either a monthly retirement allowance or monetary credits within 90 days after the judge's death. Existing law establishes the right of the surviving spouse of a retired judge who elected to receive a monthly allowance, or who was retired for disability and receiving an allowance, to a specified monthly allowance. This bill, on and after January 1, 2024, and until January 1, 2029, would authorize a judge who is not eligible to retire pursuant to the provisions described above to elect to retire and defer receipt of a monthly allowance, subject to specified formulations. In order to be eligible for these benefits, the bill would require a judge to be at least 60 years of age and have 15 years or more of service or 65 years of age with a minimum of 10 years of service. The retirement allowances prescribed by the bill would be based on a judge's final compensation and years of service credit adjusted by certain percentages that vary in relation to "full retirement age," as defined, and when the judge retires. The bill would prohibit a retirement allowance calculated pursuant to these provisions from exceeding, at the time of retirement, 75 percent of a judge's final compensation and would prohibit the calculation of the retirement allowance under these provisions from including more than 20 years of service. The bill would prescribe a process for electing these benefits. The bill would specify that a retirement pursuant to these provisions is a service retirement for purposes of law that regulates the employment of retired judges. This bill would also make conforming changes to account for the right to elect to retire and defer receipt of a monthly allowance in connection with the above-described rights of surviving spouses of judges. Existing law, the Public Employees' Medical and Hospital Care Act (PEMHCA) , which is administered by the Board of Administration of the Public Employees' Retirement System, authorizes employees or annuitants, as defined, to enroll in approved health benefit plans. PEMHCA authorizes a judge who leaves judicial office pursuant to specified conditions to continue the judge's coverage and the coverage of any family members upon assuming payment of the contributions otherwise required of the employer and by paying an additional amount to cover administrative expenses, as specified. Existing law establishes the Public Employees' Health Care Fund to fund the health benefit plans administered or approved by the board. Existing law provides for the deposit of certain moneys, including employee and annuitant contributions, into the Public Employees' Health Care Fund, which is continuously appropriated to pay for benefits and claims, as specified. This bill, on and after January 1, 2024, and until January 1, 2029, would authorize a judge who elects to retire pursuant to the retirement benefit that the bill would create, but who is not yet receiving a retirement allowance, and the surviving spouse of such a judge, to elect to continue coverage under PEMHCA upon assuming payment for contributions and administrative expenses, as described above. By authorizing additional moneys to be deposited in the continuously appropriated Public Employees' Health Care Fund, this bill would make an appropriation. The bill would also make technical changes.
Chaptered by Secretary of State - Chapter 531, Statutes of 2022.
Approved by the Governor.
Enrolled and presented to the Governor at 4 p.m.
From committee: That the Senate amendments be concurred in. (Ayes 7. Noes 0.) (August 31).
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 78. Noes 0.).
In Assembly. Concurrence in Senate amendments pending.
Joint Rule 62(a), file notice suspended.
Re-referred to Com. on P.E. & R. pursuant to Assembly Rule 77.2.
Read third time. Passed. Ordered to the Assembly. (Ayes 40. Noes 0.).
Read second time. Ordered to third reading.
Read third time and amended. Ordered to second reading.
From committee: Do pass. (Ayes 7. Noes 0.) (August 11).
Read second time. Ordered to third reading.
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.
In committee: Hearing postponed by committee.
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on L., P.E. & R.
Read third time. Passed. Ordered to the Senate. (Ayes 61. Noes 0. Page 4581.)
In Senate. Read first time. To Com. on RLS. for assignment.
Read second time. Ordered to Consent Calendar.
From committee: Do pass. To Consent Calendar. (Ayes 15. Noes 0.) (April 27).
From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (March 30). Re-referred to Com. on APPR.
From committee chair, with author's amendments: Amend, and re-refer to Com. on P.E. & R. Read second time and amended.
From printer. May be heard in committee March 20.
Read first time. To print.
|Bill Text Versions||Format|
|02/17/22 - Introduced|
|03/17/22 - Amended Assembly|
|06/22/22 - Amended Senate|
|08/02/22 - Amended Senate|
|08/24/22 - Amended Senate|
|09/02/22 - Enrolled|
|09/25/22 - Chaptered|
|03/28/22- Assembly Committee on Public Employment and Retirement|
|04/25/22- Assembly Appropriations|
|06/27/22- Senate Committee on Labor, Public Employment and Retirement|
|08/05/22- Senate Appropriations|
|08/13/22- Sen. Floor Analyses|
|08/26/22- Sen. Floor Analyses|
|08/30/22- Assembly Committee on Public Employment and Retirement|
|08/31/22- ASSEMBLY FLOOR ANALYSIS||PDF PDF|
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