Published: 2015-07-09
Key Benefits:
This chapter shall be known and may be cited as the “Judges’ Retirement Law.”
The retirement system established by this chapter shall be known and may be cited as the “Judges’ Retirement System.”
(Amended by Stats. 1980, Ch. 1213.)
Unless the context otherwise requires, the definitions and general provisions set forth in this article govern the construction of this chapter.
(Added by Stats. 1953, Ch. 206.)
“Judge” means a justice of the Supreme Court or of a court of appeal, or a judge of a superior court, municipal court, or justice court. A retired justice court judge does not acquire status as a judge for the purposes of this chapter by reason of designation as a judge pro tempore of, or assignment by the Chairperson of the Judicial Council to, any of these courts.
“Judge” shall not mean a justice court judge who elected pursuant to Section 75029.5 to be restored to membership in the Public Employees’ Retirement System.
(Amended by Stats. 1994, Ch. 235, Sec. 3. Effective January 1, 1995.)
“Salary” means the compensation received by a judge as the emolument of the office of judge, and as limited by Section 75075.02, but, except as provided by Section 75076.2, does not include any additional compensation received by reason of designation as a judge pro tempore, assignment by the Chairperson of the Judicial Council, or the additional compensation pursuant to Section 68203.1.
(Amended by Stats. 2001, Ch. 118, Sec. 8. Effective July 30, 2001.)
“Service” means the period of time a person has made contributions by reason of holding office as a judge of any one or more of the courts of this state specified in Section 75002, computed in years and fractions of years.
(Amended by Stats. 1989, Ch. 1417, Sec. 19.6.)
All references to “spouse,” “surviving spouse,” or “marriage” in this chapter apply equally to a domestic partner or domestic partnership, as defined in Section 297 of the Family Code, and all rights and responsibilities granted to a spouse or surviving spouse shall be granted equally to a domestic partner to the extent provided by Section 297.5 of the Family Code.
(Added by Stats. 2012, Ch. 833, Sec. 10. Effective January 1, 2013.)
Notwithstanding any other provision of law, this chapter shall be administered and governed by the Board of Administration of the Public Employees’ Retirement System in accordance with the Public Employees’ Retirement Law to the same extent and with the same effect as if those provisions are contained in the Judges’ Retirement Law, except for those provisions which provide for the payment of an allowance or other benefit and except for those provisions which conflict with any provision of the Judges’ Retirement Law. To the extent applicable, the Board of Administration of the Public Employees’ Retirement System shall also administer this chapter in conformance with the California Public Employees’ Pension Reform Act of 2013 (Article 4 (commencing with Section 7522) of Chapter 21 of Division 7 of Title 1) to the same extent and with the same effect as if the provisions of the act are contained in the Judges’ Retirement Law. If the Board of Administration of the Public Employees’ Retirement System determines that there is a conflict between the provisions of the California Public Employees’ Pension Reform Act of 2013 and this chapter, the provisions of the California Public Employees’ Pension Reform Act of 2013 shall control. “State Controller” or “Controller” as used in this chapter, or any other provision of law relating to the chapter, shall be construed to refer to and mean the “Board of Administration of the Public Employees’ Retirement System”; however, the Controller shall continue to perform the duties prescribed in Sections 75092, 75097, 75101, and 75102.
All payments from the Judges’ Retirement Fund shall be made upon warrants drawn by the Controller upon demands by the Board of Administration of the Public Employees’ Retirement System.
(Amended by Stats. 2013, Ch. 526, Sec. 25. Effective January 1, 2014.)
(a) Any allowance payable to a retired judge or to a surviving spouse or to an eligible surviving child which has accrued and remained unpaid at the time of the judge’s or the surviving spouse’s or surviving child’s death, or any unclaimed warrant issued prior to the date of death and returned to the system, shall be paid pursuant to the following order:
(1) The survivor entitled to an allowance payable by this system.
(2) The beneficiary designated by the surviving spouse, eligible surviving child, or retired judge if there is no eligible survivor.
(3) The estate of the deceased, if there is no one entitled to payment under paragraph (1) or (2). The payment to the estate shall be paid to either the estate of the deceased or the duly authorized representative or representatives of the estate when this system receives a court order appointing an executor, administrator, or personal representative.
(4) If the estate does not require probate and the deceased has a trust, the payment may, in the judgment of the board, be paid to the successor trustee named in the trust.
(5) If the estate does not require probate and the deceased does not have a trust, the payment may, in the judgment of the board, be paid to the beneficiary or beneficiaries of the deceased named in a valid will.
(b) If there is no qualifying beneficiary pursuant to paragraphs (1) to (5), inclusive, of subdivision (a), the payment shall be paid to the surviving next of kin of the deceased pursuant to the order of distribution specified in Section 21493.
(Amended by Stats. 2009, Ch. 130, Sec. 35. Effective January 1, 2010.)
The surviving spouse or eligible surviving child of a deceased judge who is receiving a monthly allowance from the Judges’ Retirement System, or a retired judge, if there is no spouse or eligible child, may designate a beneficiary to receive the pro rata allowance remaining payable in the month of his or her death. The designation may be made, changed or revoked at any time, provided that it is made in writing and filed with the Judges’ Retirement System.
(Added by Stats. 1988, Ch. 992, Sec. 2.)
