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HomeGovernment CodeDiv. 5Pt. 4Ch. 2Art. 1§ 22209 Exclusion Of Retirement System Positions

§ 22209 Exclusion Of Retirement System Positions

Government Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 22209 Exclusion Of Retirement System Positions

Key Takeaways

  • •Some jobs can be left out of the retirement plan if a public agency asks or the board allows it.
  • •This only applies to jobs that can be excluded from federal retirement rules.
  • •Jobs already covered by the agreement cannot be excluded.
  • •Some special services cannot be excluded, even if they are asked to be.

Example

A city wants to exclude its part-time park workers from the retirement plan.

The city can ask to leave these workers out of the retirement plan if the jobs fit the rules. But if these workers are already in the plan, they cannot be taken out.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 22209 Exclusion Of Retirement System Positions

At the request of a public agency, or as otherwise permitted by the board, any class or classes of positions covered by a retirement system which may be excluded from coverage under the federal system pursuant to paragraph (3) or (5) of Section 218(c) of the Social Security Act, and to which the agreement does not already apply, may be excluded from the agreement at the time it is made applicable to such retirement system; except that such exclusion shall not include any services to which Section 218(c)(3)(B) of the Social Security Act is applicable. (Amended by Stats. 1999, Ch. 83, Sec. 82. Effective January 1, 2000.)

Last verified: January 22, 2026

Key Terms

public agencyretirement systemSection 218(c) of the Social Security ActSection 218(c)(3)(B) of the Social Security Act

Related Statutes

  • § 22205 Public Employee Retirement Inclusion
  • § 22206 Employee Retirement System Inclusion
  • § 22207 Public Employee Retirement Inclusion
  • § 15101 State Agency Communication System
  • § 22201 Public Agency Social Security

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Government Code. Section 22209.
View Official Source