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HomeGovernment CodeCh. 11Art. 6§ 75104 Death Resignation Judge Contributions

§ 75104 Death Resignation Judge Contributions

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

§ 75104 Death Resignation Judge Contributions

Key Takeaways

  • •If a judge dies, quits, or stops being a judge before retiring, their saved-up money goes to their chosen person (or back to them if they're alive).
  • •If a judge is running for office, they can't take out their saved money until after the election.
  • •If a judge gets a new job as a judge, they can't take out their saved money until they say no to the job or leave it.

Example

A judge decides to run for another term but loses the election.

The judge can't take out their retirement savings until after the election is over. If they lose, they can then take it out if they want.

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

Official Source
View on CA.gov

§ 75104 Death Resignation Judge Contributions

(a) Except as otherwise provided in subdivisions (b) and (c), should any judge die, resign, or cease to be a judge prior to his or her retirement, or die after electing to allow his or her accumulated contributions to remain in the fund pursuant to Section 75033 but prior to attaining age 65, the amount of his or her accumulated contribution shall be paid to his or her beneficiary nominated by written designation duly filed with the Judges’ Retirement System, or to him or her, as the case may be. If an allowance is paid to a surviving spouse pursuant to this chapter, no payment shall be made pursuant to this section. (b) A judge who has filed a declaration of candidacy for election or reelection to any judicial office may not withdraw his or her contributions until after the election. If a judge is elected or reelected to a judicial office, he or she may not withdraw his or her contributions until he or she has declined to accept the office or has ceased to hold the office to which he or she has been elected. (c) A judge who has been appointed, commissioned, or nominated to any judicial office of this state may not withdraw his or her contributions until he or she has declined to serve or terminated his or her service in the latter office. (Amended by Stats. 2002, Ch. 664, Sec. 127.9. Effective January 1, 2003.)

Last verified: January 22, 2026

Key Terms

retirementallowanceelectioncommissionbenefitsspousesurvivorposition

Related Statutes

  • § 75030.8 Judicial Officer Service Credit
  • § 75033.5 Judicial Retirement Eligibility Rules
  • § 75094 Judge Survivor Spouse Benefits
  • § 75096.1 Judge’S Children Survivor Benefits
  • § 75096.2 Surviving Children’S Monthly Allowance

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Government Code. Section 75104.
View Official Source