Section 579.3 - Subject to Reciprocity Defined(a) For purposes of this article, "reciprocity" means the recognition by CalPERS of certain reciprocal benefit rights available to members who move from one public retirement system to another public retirement system. At a minimum, reciprocity means recognition by CalPERS of a member's payrate during a period of service as a member of the other public retirement system for purposes of computing final compensation upon retirement. Reciprocity is established by statute or by an agreement between CalPERS and the other public retirement system, and includes, among others, those agreements between CalPERS and the California State Teachers' Retirement System, the Legislators' Retirement System, the Judges' Retirement System I and the Judges' Retirement System II.(b)(1) For purposes of this subdivision (b), "Applicable Date" shall mean the individual's appointment date for the most recent employment resulting in active membership in CalPERS. The "Applicable Date" may be a date that is later than the individual's original CalPERS membership date, such as when an individual was employed by a CalPERS-covered employer prior to being a member of the reciprocal retirement system.(2) As used in Government Code sections 7522.02(c) and 7522.04, "subject to reciprocity" means that, on the Applicable Date, an individual is eligible for reciprocity pursuant to the terms of a statute or reciprocity agreement to which CalPERS is a party, provided he or she did not have a break in service of more than six (6) months immediately preceding the Applicable Date.(3) To be "subject to reciprocity," an individual need not have made an affirmative election to invoke reciprocity rights on the Applicable Date, nor must the individual actually exercise the reciprocity rights when he or she retires, provided he or she is eligible for such reciprocity on the Applicable Date.(c) The following procedures shall be used to determine whether a newly-hired individual is "subject to reciprocity" pursuant to Government Code sections 7522.02(c) and 7522.04: (1) Each newly-hired individual shall be responsible for self-certifying in writing to the employer and to CalPERS that he or she is also a member of another public retirement system and is eligible for reciprocity.(2) If a newly-hired individual certifies that he or she is also a member of another public retirement system and is eligible for reciprocity, the employer shall request the following information from the newly-hired individual, and the newly-hired individual must provide the following information within ten (10) business days of the request.(A) The newly-hired individual's name, including the name that is used in the other public retirement system, if different;(B) The newly-hired individual's identification number (Social Security Number or CalPERS ID Number);(C) The name of the other public retirement system;(D) The newly-hired individual's separation date from the employer in the other public retirement system;(E) The newly-hired individual's first date of employment with the new employer; and(F) The newly-hired individual's first date of membership in their earliest public retirement system that is subject to reciprocity, as that term is used and defined by this section.(3) CalPERS will use the information listed above to determine if the newly-hired individual is "subject to reciprocity" (as defined in subdivision (b) above) pursuant to Government Code sections 7522.02(c) and 7522.04, and to determine the applicable retirement benefit formula for the newly-hired individual.(4) The employer shall retain the retirement and benefit-related information provided by the newly-hired individual including, but not limited to, the information listed above. The employer shall provide this information to CalPERS upon request during the enrollment process or during any future investigations or audits.Cal. Code Regs. Tit. 2, § 579.3
1. New section filed 10-25-2013; operative 10-25-2013 pursuant to Government Code section 11343.4(b)(3) (Register 2013, No. 43). Note: Authority cited: Sections 7522.02, 20120, 20121, 20122, 20123 and 20124, Government Code. Reference: Sections 7522.02 and 7522.04, Government Code.
1. New section filed 10-25-2013; operative 10-25-2013 pursuant to Government Code section 11343.4(b)(3) (Register 2013, No. 43).