Title GOV, California Gov. Code

With the consent of the Senate, the Governor shall appoint, to serve at his pleasure, an executive officer who shall be director of the department. The director shall be appointed wholly on the basis of training, demonstrated ability, experience, and leadership in personnel admin…

The director shall do all of the following: (a) Be responsible for the management of the department. (b) Administer and enforce the laws pertaining to personnel. (c) Observe and report to the Governor on the conditions of the nonmerit aspects of personnel. (d) Formulate, adopt, a…

(a) Notwithstanding subdivision (e) of Section 19815.4, this section shall apply to state employees in State Bargaining Unit 5, 6, or 8. (b) The director shall hold nonmerit statutory appeal hearings, subpoena witnesses, administer oaths, and conduct investigations in accordance …

Subject to the State Civil Service Act, the director shall appoint such other assistants and other employees as are necessary for the administration of the affairs of the department and shall prescribe their duties. (Added by Stats. 1981, Ch. 230, Sec. 55.)

(a) Notwithstanding Sections 11042 and 11043, the chief counsel shall represent the department in all legal matters in which the department is interested, before any administrative agency or court of law. (b) The department may charge state agencies and departments for the actual…

(a) The department may charge state agencies and departments for the actual and necessary costs related to services rendered by the department in all of the following areas: (1) Controlled substance abuse testing. (2) Psychological screening. (3) Medical evaluations. (b) Pursuant…

(a) No action or proceeding shall be brought by any person having or claiming to have a cause of action or complaint or ground for issuance of any complaint or legal remedy for wrongs or grievances based on or related to any law administered by the Department of Human Resources u…

(a) Pursuant to standards established by the department, the employing office of a state employee or state annuitant shall possess documentation verifying eligibility of an employee’s or annuitant’s family member prior to the enrollment of a family member in a health benefit plan…

This part may be cited as the Public Employees’ Retirement Law. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)

The purpose of this part is to effect economy and efficiency in the public service by providing a means whereby employees who become superannuated or otherwise incapacitated may, without hardship or prejudice, be replaced by more capable employees, and to that end provide a retir…

The Public Employees’ Retirement System created by Chapter 700 of the Statutes of 1931, as amended, is continued in existence under this part. This system is a unit of the Government Operations Agency. (Amended by Stats. 2013, Ch. 352, Sec. 304. (AB 1317) Effective September 26, …

Unless the context otherwise requires, the definitions and general provisions set forth in this chapter govern the construction of this part. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)

(a) It is the intent of the Legislature, in enacting this section and amending this part, to comply with, and implement the provisions of, the California Public Employees’ Pension Reform Act of 2013 (Article 4 (commencing with Section 7522) of Chapter 21 of Division 7 of Title 1)…

It is the policy of the Legislature that the protection afforded employees in positions covered by a retirement system on the date an agreement under this part is made applicable to service performed in such positions, or receiving periodic benefits under such retirement system a…

All liabilities and obligations created by Chapter 46 of the Statutes of 1950, Third Extraordinary Session, and amendments thereto or by Chapter 10 of the Statutes of 1955, or by any agreement or modification entered into between the State and the federal agency, as herein define…

Unless the context otherwise requires the definitions and general provisions set forth in this chapter govern the constructions of this part. (Repealed and added by Stats. 1955, Ch. 1441.)

Whenever reference is made in this part to any federal law or regulation or part thereof, the reference applies to all amendments thereto now or hereafter made. (Repealed and added by Stats. 1955, Ch. 1441.)

“Board” shall have the following meanings: Until July 1, 1955, “board” means the Director of Finance. On and after July 1, 1955, “board” means the Board of Administration of the Public Employees’ Retirement System. (Amended by Stats. 1967, Ch. 84.)

“Federal agency” means the Department of Health and Human Services or the Secretary of Health and Human Services, or the predecessor or successor in function to that department or officer. (Amended by Stats. 1981, Ch. 609, Sec. 32.)

“Agreement” means the agreement or any modification thereof now, heretofore or hereafter executed by the board with the federal agency pursuant to this part or Chapter 46 of the Statutes of 1950 (Third Extraordinary Session), Chapter 1569, Statutes of 1951, or Chapter 10 of Statu…

“Eligible employee” means an employee whose services may under the provisions of Section 218 of Title II of the Social Security Act and this part be brought under the terms of the agreement, but not including any employee whose services are excluded from the agreement by a public…

“Eligible retirement system employee” for the purposes of any referendum with respect to any retirement system has the meaning given the term “eligible employee” in Section 218(d)(3) of the Social Security Act. (Added by Stats. 1955, Ch. 1441.)

“Public agency” means the state, any city, county, city and county, district, municipal or public corporation or any instrumentality thereof, or boards and committees established under Chapter 1 (commencing with Section 58601) or 2 (commencing with Section 59501) of Part 1 of Div…

“Public agency” also includes any nonprofit corporation formed for the purpose of operating a coliseum or sports arena for the general recreational purposes of a city or county. (Added by Stats. 1973, Ch. 967.)

“Public agency” also includes a county superintendent of schools whose office the board has determined to be fiscally independent. As to such office, the county board of education is the legislative or governing body for purposes of this part. (Added by Stats. 1979, Ch. 120.)

“Public agency” also includes a school district, a county superintendent of schools, and a regional occupational center or program established pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1, with respect to employees eligible for member…

“Retirement system” includes: (a) A pension, annuity, retirement or similar fund or system established by a public agency and covering only positions of that agency. (b) The Public Employees’ Retirement System with respect only to employees of the state and employees of the Unive…

“Coverage group” has the meaning given that term by Section 218(b)(5) of Title II of the Social Security Act and federal regulations adopted pursuant thereto. (Added by Stats. 1955, Ch. 1441.)

“Retirement system coverage group,” with respect to any retirement system, means all employees designated as a coverage group in Section 218(d)(4) of the Social Security Act for the purposes of Section 218(c) of the Social Security Act only. The services of employees in any retir…

“Federal system” means the insurance system established under Title II of the Social Security Act. (Amended by Stats. 1967, Ch. 1353.)

“Policeman” as used in this part includes members of the California Highway Patrol, state safety members of the Public Employees’ Retirement System employed by the Department of Justice, sheriffs, undersheriffs, deputy sheriffs, marshals and deputy marshals, and any other employe…

“Policeman” as used in this part also includes persons employed in the Department of Fish and Game in connection with its warden service, whose principal duties consist of active law enforcement service, including immediate supervision by persons employed to perform the duties no…

“Policeman” as used in this part, also includes persons employed in positions set forth in Section 20415 for the purposes of Section 218(d)(5)(A) of the Social Security Act (42 U.S.C. Sec. 418(d)(5)(A)). (Amended by Stats. 1998, Ch. 678, Sec. 31. Effective January 1, 1999.)

“Policeman” or “fireman,” as used in this part, also includes persons employed in positions set forth in Sections 20409 and 20410 for the purposes of Section 218(d)(5)(A) of the Social Security Act (42 U.S.C. Sec. 418(d)(5)(A)). (Amended by Stats. 1998, Ch. 678, Sec. 32. Effectiv…

“Policeman” as used in this part also includes members of the Department of the California Highway Patrol who are designated as peace officers under subdivision (a) of Section 2250.1 of the Vehicle Code and whose principal duties consist of active law enforcement. (Amended by Sta…

“Policeman” as used in this part also includes persons employed in positions set forth in Section 20403 for the purposes of Section 218(d)(5)(A) of the Social Security Act. (Amended by Stats. 1998, Ch. 678, Sec. 17. Effective January 1, 1999.)

“Policeman” as used in this part also includes persons designated by Section 31470.6 as persons whose principal duties consist of “active law enforcement” for the purposes of Section 218(d)(5)(A) of the Social Security Act. (Amended by Stats. 1998, Ch. 678, Sec. 18. Effective Jan…

“Policeman” as used in this part also includes persons employed as members of a state university or state college police department who are peace officers and whose principal duties consist of law enforcement. (Added by Stats. 1973, Ch. 703.)

“Policeman” as used in this part also includes persons employed in positions set forth in Sections 20438 and 31469.4 for the purposes of Section 218(d)(5)(A) of the Social Security Act. This section shall be operative only in counties which elect to terminate the social security …

“Policeman” or “fireman,” as used in this part, also includes persons employed in positions set forth in Sections 20414, 20423.3, 20423.5, and 20441 for the purposes of Section 218(d)(5)(A) of the Social Security Act (42 U.S.C. Sec. 418(d)(5)(A)). (Amended by Stats. 2009, Ch. 79,…

“Policeman,” as used in this part, also includes persons employed in positions identified in Section 20407 for the purposes of Section 218(d)(5)(A) of the Social Security Act (42 U.S.C. Sec. 418(d)(5)(A)). (Amended by Stats. 1998, Ch. 678, Sec. 21. Effective January 1, 1999.)

“Policeman,” as used in this part, also includes persons employed in positions identified in Section 20408 for the purposes of Section 218(d)(5)(A) of the Social Security Act (42 U.S.C. Sec. 418(d)(5)(A)). (Amended by Stats. 1998, Ch. 678, Sec. 22. Effective January 1, 1999.)

“Policeman,” as used in this part, also includes persons designated as peace officers by subdivision (e) of Section 20391 for the purposes of Section 218(d)(5)(A) of Title 42 of the United States Code. (Added by Stats. 1999, Ch. 785, Sec. 16. Effective January 1, 2000.)

“Policeman” as used in this part also includes persons currently employed in classifications listed in Sections 20401.5, 20423.6, 31469.2, 45311, and 53217.6 for purposes of Section 218(d)(5)(A) of the Social Security Act (42 U.S.C. Sec. 418(d)(5)(A)). (Amended by Stats. 2003, Ch…

“Policeman” as used in this part also includes persons employed in classifications listed in Sections 20405 and 20405.1, for the purposes of Section 218(d)(5)(A) of the Social Security Act (42 U.S.C. Sec. 418(d)(5)(A)). (Amended by Stats. 1998, Ch. 678, Sec. 23. Effective January…

“Policeman” as used in this part also includes persons employed in the classification listing in Section 20411 for the purposes of Section 218(d)(5)(A) of the Social Security Act. (Amended by Stats. 1998, Ch. 678, Sec. 25. Effective January 1, 1999.)