There is in the State Treasury, subject to the control of the board, a trust fund known as the Judges’ Retirement System II Fund. The fund shall receive all assets paid into it including, without limitation, judges’ contributions made pursuant to Sections 75601 and 75602 and the state’s contributions made pursuant to Section 75600.5. All retirement allowances payable by law to judges to whom this chapter is applicable shall be paid from that fund. Notwithstanding Section 13340, all moneys in the fund are continuously appropriated without regard to fiscal years, for payments which shall be made upon warrants drawn by the Controller upon demands made by the board.
Judges’ Retirement System IiFund
Section § 75600
In California, there's a special trust fund called the Judges' Retirement System II Fund, which is managed by a governing board. This fund collects money from judges' contributions, specified by law, and contributions from the state. It's used to pay retirement benefits to judges covered under specific rules. The money in this fund is always available for use, regardless of the fiscal year, and payments are authorized through state financial processes.
Judges' Retirement System II Fund judges' contributions state contributions
Section § 75600.5
This law section outlines the financial management of the Judges’ Retirement System II in California. Each month, the Controller is required to calculate 18.8% of the total annual salaries of judges covered by this retirement system, excluding certain added compensation, and transfer that amount from the General Fund to the fund dedicated to judges' pensions.
Additionally, an annual review is conducted to ensure the fund is financially sound. This review considers factors like the ages of judges and fund experience, and it determines how much the state must contribute to keep the fund stable. Once determined, the Governor includes this contribution rate in the annual budget proposal. The Legislature is responsible for approving this rate and allocating the necessary funds in the state budget.
(a)CA Government Code § 75600.5(a) The Controller shall at the end of each month ascertain the aggregate amount of the annual salaries, not including the additional compensation pursuant to Section 68203.1, of all judges covered by the Judges’ Retirement System II, and out of the General Fund he or she shall transfer monthly into the Judges’ Retirement System II Fund a sum equal to 18.8 percent of one-twelfth of the aggregate amount of those salaries.
(b)CA Government Code § 75600.5(b) As of June 30 of the first year this chapter is in effect, and annually thereafter, the board shall make an actuarial investigation into the fund’s experience, the ages of member judges, and other facts necessary to determine the actuarial soundness of the fund. Based on its investigation, the board shall determine the state contribution necessary to maintain or restore the actuarial soundness of the fund, stated as a percentage of judges’ salaries.
(c)CA Government Code § 75600.5(c) The state’s contribution as fixed under this chapter shall be adjusted thereafter from time to time in the annual Budget Act according to the following method. As part of the proposed budget submitted pursuant to Section 12 of Article IV of the California Constitution, the Governor shall include the contribution rate submitted by the board pursuant to subdivision (b). The Legislature shall adopt the contribution rate and authorize the appropriation in the Budget Act.
Judges' Retirement System II Controller General Fund transfer
Section § 75601
Every month, 8 percent is deducted from the monthly salary of Supreme Court justices, Court of Appeal justices, and state-paid portions of Superior Court judges' salaries. This deduction doesn't include any extra payments mentioned in another section. The deducted amount is then directed into the Judges’ Retirement System II Fund.
Except as provided in Section 75605, the Controller shall at the end of each month deduct 8 percent from the monthly salary, not including the additional compensation pursuant to Section 68203.1, of each justice of the Supreme Court and of the courts of appeal and of the portion paid by the state of the monthly salary of each judge of the superior court and shall cause this amount to be paid into the Judges’ Retirement System II Fund.
monthly salary deduction 8 percent deduction judges' retirement fund
Section § 75602
This section requires the Controller or county auditor to deduct 8% from each superior court judge's monthly salary (excluding certain extra payments) and contribute that amount to the Judges' Retirement System II Fund.
Except as provided in Section 75605, the Controller or the auditor of each county shall deduct 8 percent from the portion paid by a county, or the Controller and the auditor, if appropriate, of the monthly salary, not including the additional compensation pursuant to Section 68203.1, of each judge of the superior court and cause this amount to be paid into the Judges’ Retirement System II Fund.
judge salary deduction superior court judges Judges' Retirement System II
Section § 75603
This law gives permission to the Legislature to raise the contribution rates outlined in the previous sections whenever they see fit.
The Legislature reserves the right to increase the rates of contribution prescribed by Sections 75601 and 75602 in the amounts as it may find appropriate.
Legislature authority increase contribution rates Sections 75601 and 75602
Section § 75604
This section states that if someone becomes a judge under this chapter, the state legislature has the authority to decrease their benefits.
The Legislature reserves the right to reduce any benefits applicable to any person who becomes a judge who is subject to this chapter.
judge benefits legislature authority benefit reduction
Section § 75605
This law allows the state and counties in California to handle judges' retirement contributions to reduce their taxable income. They do this by covering the contributions themselves and reporting them as if the employer paid them, which benefits the judge's retirement account.
The law also states that this arrangement can be changed, and the state or county may stop covering these contributions at any time. Additionally, how a judge's retirement pay is calculated remains unchanged by this section.
(a)CA Government Code § 75605(a) Notwithstanding any other provision of law, the state and the county may pick up, for the sole purpose of deferring income taxes thereon, as authorized by Section 414(h)(2) of the Internal Revenue Code (26 U.S.C.A. Sec. 414(h)(2)) and Section 17501 of the Revenue and Taxation Code, all of the normal contributions required to be deducted under Sections 75601 and 75602, inclusive, and paid into the Judges’ Retirement System II Fund. The payments shall be reported as employer-paid normal contributions and shall be credited to the judge’s account.
(b)CA Government Code § 75605(b) Nothing in this section shall be construed to limit the authority of the state or the county to periodically eliminate the pickup by the state of all of the normal contributions required to be paid by a judge, as authorized by this section.
(c)CA Government Code § 75605(c) This section shall not affect the computation of a judge’s retirement allowance pursuant to this chapter.
judges' retirement contributions tax deferral employer-paid contributions
Section § 75605.1
This law outlines that when calculating retirement benefits and monetary credits for judges participating in the Voluntary Waiver of Salary Program, the calculations must include the salary and contributions they would've received if they hadn't been in the program. The state is responsible for covering any costs arising from the enhanced benefits and credits.
Calculations of retirement benefits and monetary credit under this chapter for any judge in the Voluntary Waiver of Salary Program, as described in paragraph (4) of subdivision (b) of Section 68106, shall include salary and contributions that would have been paid had the judge not been in the program. The state shall pay the costs that result from the increased benefits and monetary credits.
retirement benefits calculations monetary credit calculation Voluntary Waiver of Salary Program
Section § 75606
If a judge is running for election or reelection, they can't take back their retirement contributions until the election is over. If they win and choose to take the office, they can't withdraw contributions until they either refuse the position or leave office. For judges who are appointed or nominated, contributions can't be withdrawn until they refuse to take the position or stop serving.
(a)CA Government Code § 75606(a) A judge who has filed a declaration of candidacy for election or reelection to a judicial office may not withdraw his or her contributions under Section 75520 until after the election. If a judge is elected or reelected to a judicial office, he or she may not withdraw the contributions until that time as the judge has declined to accept the office or has ceased to hold the office to which he or she has been elected.
(b)CA Government Code § 75606(b) A judge who has been appointed, commissioned, or nominated to a judicial office of this state may not withdraw his or her contributions under Section 75520 until the judge has declined to serve or terminated his or her service in the latter office.
judge retirement contributions judicial candidacy election restrictions
Section § 75607
This law states that the board is allowed to invest money from the Judges’ Retirement System II Fund using the same methods and rules that apply to investing money from the Public Employees’ Retirement Fund.
The board may invest the money contained in the Judges’ Retirement System II Fund in the same manner and subject to the same restrictions as investments of the Public Employees’ Retirement Fund.
Judges’ Retirement System II Fund investment guidelines retirement fund investment
Section § 75608
The Treasurer keeps and manages the Judges’ Retirement System II Fund. Each month, the board reviews retirements submitted by judges, whether voluntary or involuntary. Then, they process payments from the fund to ensure retired judges receive the correct retirement allowance.
The Treasurer is the custodian of the Judges’ Retirement System II Fund. At the end of each month the board shall ascertain the written notices of voluntary retirement and the written certificates of involuntary retirement that have been filed with the Judges’ Retirement System II and cause warrants to be drawn upon the State Treasury in favor of each retired judge for the amount of the retirement allowance to which he or she is entitled.
Judges' Retirement System II Fund Treasurer custodian
Section § 75609
This law allows a retired judge or their surviving spouse, who receives a retirement allowance, to arrange for certain deductions from that allowance. These deductions can be made for paying group insurance premiums, other specific premiums mentioned, and for making contributions to credit unions.
A retired judge or the surviving spouse of a judge, entitled to receive an allowance pursuant to this chapter, may authorize deductions to be made from the allowance, in accordance with regulations established for the payment of group insurance premiums and other premiums provided for under Section 1157, as well as shares or obligations of any regularly chartered credit union.
retired judge surviving spouse retirement allowance
Section § 75610
This law states that any costs associated with managing the rules in this article must be covered by money taken from the Judges’ Retirement System II Fund.
Notwithstanding any other provision of law, all expenses of administration of this article shall be paid by appropriation from the Judges’ Retirement System II Fund.
Judges' Retirement System II Fund administration expenses fund appropriation
Section § 75611
If a judge overpays into the retirement system or pays money they weren't supposed to, this law ensures that they can get their money back. The funds needed for these refunds will come from the Judges' Retirement System II Fund.
If the board determines that there has been an overpayment of contributions or that any amount not required to be paid under this chapter has been paid by a judge, the board shall refund the amount of the overpayment or excess payment to the judge. So much money as may be necessary is hereby appropriated from the Judges’ Retirement System II Fund to the board for the purpose of making refunds pursuant to this section.
overpayment of contributions refund to judge excess payment
Section § 75611.5
This law explains that if there is an underpayment of accumulated contributions, the system might not collect it if the amount is $250 or less. Similarly, if there's a small balance of $50 or less in a member's account, the system might not require a return of contributions. If the balance is $250 or less, the system might not recalculate benefits, unless the difference in monthly payments is less than $5. The specified dollar amounts may be adjusted if changes occur in related laws.
(a)CA Government Code § 75611.5(a) When there has been a payment of death benefits, a return of accumulated contributions, a contribution adjustment, or a deposit of contributions, this system may refrain from collecting an underpayment of accumulated contributions if the amount to be collected is two hundred fifty dollars ($250) or less.
(b)CA Government Code § 75611.5(b) Notwithstanding Section 75611, when there has been a payment of death benefits, a return of accumulated contributions, a contribution adjustment, or a deposit of contributions, and there is a balance of fifty dollars ($50) or less remaining posted to a member’s individual account, or an overpayment of fifty dollars ($50) or less was
received, this system may dispense with a return of accumulated contributions.
(c)CA Government Code § 75611.5(c) When there is a positive or negative balance of two hundred fifty dollars ($250) or less remaining posted to a member’s individual account, or the balance exceeds two hundred fifty dollars ($250) but the difference to the monthly allowance unmodified by any optional settlement is less than five dollars ($5), this system may dispense with any recalculation of, or other adjustment to, benefit payments.
(d)CA Government Code § 75611.5(d) The dollar amounts specified in subdivisions (a) and (c) shall be adjusted in accordance with any changes in the dollar amounts specified in Section 12438.
death benefits accumulated contributions contribution adjustment
Section § 75612
This law allows a board to charge a county if it doesn't submit required reports on time. Counties have 30 days past the due date to submit, and if they fail, they'll be assessed a fee. These fees go to the Judges’ Retirement System II Fund.
The board can also charge interest on any late payments. The interest rate is similar to what the board earns on its investments, and the interest they collect is recorded as earnings for that year.
(a)CA Government Code § 75612(a) The board may assess a county a reasonable amount to cover costs incurred because of the county’s failure to submit reports within 30 days of the date the reports are due. The payments of the assessments shall be credited to the Judges’ Retirement System II Fund.
(b)CA Government Code § 75612(b) The board may charge interest on the amount of any payment due and unpaid by a county until payment is received. Interest shall be charged at a rate approximating the average rate received on moneys then being invested. The interest charged shall be deemed interest earnings in the year in which received.
county assessments late reports Judges’ Retirement System II Fund
Section § 75613
If someone is supposed to receive a payment or benefits from the Judges’ Retirement System II Fund and either doesn't claim it or can't be found, the owed amount is held without interest. If a payment warrant was issued, it’s returned to the fund. This doesn't reinstate anyone's membership. If unclaimed, the funds revert back to the system after four years, with the transfer happening each June 30. Even after transfer, the board can return the funds to the recipient if proper details are given.
(a)CA Government Code § 75613(a) Whenever a person entitled to payment of a member’s contributions or any other benefit fails to claim the payment or cannot be located or a warrant in payment is canceled pursuant to Section 17070, the amount owed from the Judges’ Retirement System II Fund shall be administered pursuant to subdivision (c).
(b)CA Government Code § 75613(b) Whenever the amount of a benefit payable by this program cannot be determined because the recipient cannot be identified or information necessary to determination of the benefit to be paid cannot be ascertained, the contributions of the member on whose account the benefit is payable shall be administered pursuant to subdivision (c).
(c)CA Government Code § 75613(c) Notwithstanding any provision of law to the contrary, the amounts described in subdivisions (a) and (b) shall be held, or if a warrant has been drawn the warrant shall be redeposited in the fund and held for the claimant without accumulation of interest, and the redeposit shall not operate to reinstate the membership of the person with respect to whose membership the refund or benefit was payable in this system. If the proceeds, whether heretofore or hereafter redeposited, are not claimed within four years after the date of the redeposit, they shall revert to and become a part of the fund. Transfer to the fund shall be made as of the June 30 next following the expiration of the four-year period.
(d)CA Government Code § 75613(d) The board may at any time after transfer of proceeds to the fund upon receipt of proper information satisfactory to it, return the proceeds to the credit of the claimant, to be administered in the manner provided under this system.
Judges’ Retirement System II Fund unclaimed benefits payment warrants
