Cal. Code Regs. tit. 2 § 554.3

Current through Register 2024 Notice Reg. No. 45, November 8, 2024

Section 554.3 - Notice of Election

(a) Before each election for a Board member identified in Government Code section 20090, subdivision (g) or a special election to fill a vacancy pursuant to Government Code section 20095, a Notice of Election shall be presented to the Board as an agenda item at a regularly noticed public meeting of the Board.

(b) The Notice of Election shall contain:

(1) A statement of whether, at the time of the adoption of the Notice of Election, the incumbent intends to be a candidate for reelection, pursuant to Government Code section 20096.3;

(2) The election schedule, the submission date for the Nomination Petition, Nomination Acceptance/Ballot Designation forms pursuant to this section and section 554.5 of this article;

(3) Eligibility criteria for candidates and voters pursuant to Government Code section 20090, subdivision (g);

(4) Candidate nomination and election procedures as provided in section 554.5 of this article;

(5) Information required by the Nomination Petition as provided in section 554.5, subdivisions (b) and (c), of this article;

(6) The minimum number of valid original signatures required for nomination as a candidate pursuant to section 554.5, subdivision (d) of this article; and

(7) Such other information as determined by the Board at the noticed public meeting.

(c) The election schedule shall provide the Board adequate time and flexibility to accommodate the nomination and candidate statement arbitration processes, various administrative procedures and voting periods, including the opportunity for a runoff election, if necessary, and to seat the newly elected Board members by statutory deadlines. In no event shall ballots be distributed to voters earlier than 60 days after the adoption of the original Notice of Election.

(d) Any amendment to the Notice of Election, including amendments to the election schedule, shall be set forth in an Amended Notice of Election, adopted at a noticed public meeting of the Board.

(e) The Election Coordinator shall publish the Notice of Election before each election, using methods designed to provide adequate notice to potential candidates and voters, including but not limited to:

(1) Posting the Notice of Election on the CalPERS website.

(2) Mailing the Notice of Election directly to eligible retired members.

(3) Providing employers with electronic Notice of Election for widespread dissemination to employees.

Cal. Code Regs. Tit. 2, § 554.3

1. New section filed 7-2-82; effective thirtieth day thereafter (Register 82, No. 27).
2. Amendment of NOTE filed 8-24-98; operative 9-23-98 (Register 98, No. 35).
3. Amendment of first paragraph filed 11-30-2000 as an emergency; operative 11-30-2000 (Register 2000, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-30-2001 or emergency language will be repealed by operation of law on the following day.
4. Pursuant to the order of the Superior Court of California, Court of Sacramento, dated April 20, 2001, in California State Employees Association, Local 1000, SEIU, AFL-CIO, CLC v. Public Employees Retirement System, et al., No. 00CS01662, the emergency amendment filed 11-30-2000 has been invalidated and is unenforceable until adopted in full compliance with the Administrative Procedure Act. Reinstatement of section as it existed prior to 11-30-2000 emergency amendment (Register 2001, No. 22).
5. Amendment of first paragraph adopted by CalPERS Board 3-21-2001; submitted to OAL and filed 8-2-2001; operative 9-1-2001 (Register 2001, No. 31).
6. Amendment filed 6-26-2008; operative 7-26-2008 (Register 2008, No. 26).
7. Change without regulatory effect amending subsection (d) and repealing and adopting new Form CalPERS-BRD-74B (10/11) filed 4-23-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 17).
8. Renumbering of former section 554.3 to section 554.5 and renumbering and amendment of former section 554.2 to section 554.3 filed 11-10-2016; operative 1-1-2017 (Register 2016, No. 46).

Note: Authority cited: Section 20121, Government Code. Reference: Sections 20090, 20095 and 20096, Government Code.

1. New section filed 7-2-82; effective thirtieth day thereafter (Register 82, No. 27).
2. Amendment of Note filed 8-24-98; operative 9-23-98 (Register 98, No. 35).
3. Amendment of first paragraph filed 11-30-2000 as an emergency; operative 11-30-2000 (Register 2000, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-30-2001 or emergency language will be repealed by operation of law on the following day.
4. Pursuant to the order of the Superior Court of California, Court of Sacramento, dated April 20, 2001, in California State Employees Association, Local 1000, SEIU, AFL-CIO, CLC v. Public Employees Retirement System, et al., No. 00CS01662, the emergency amendment filed 11-30-2000 has been invalidated and is unenforceable until adopted in full compliance with the Administrative Procedure Act. Reinstatement of section as it existed prior to 11-30-2000 emergency amendment (Register 2001, No. 22).
5. Amendment of first paragraph adopted by CalPERS Board 3-21-2001; submitted to OAL and filed 8-2-2001; operative 9-1-2001 (Register 2001, No. 31).
6. Amendment filed 6-26-2008; operative 7-26-2008 (Register 2008, No. 26).
7. Change without regulatory effect amending subsection (d) and repealing and adopting new Form CalPERS-BRD-74B (10/11) filed 4-23-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 17).
8. Renumbering of former section 554.3 to section 554.5 and renumbering and amendment of former section 554.2 to section 554.3 filed 11-10-2016; operative 1/1/2017 (Register 2016, No. 46).