(a) The combined current and prior service pensions for school members, state miscellaneous or state industrial members, or university members who are subject to the provisions of this section is a pension derived from the contributions of the employer sufficient, when added to the service retirement annuity that is derived from the accumulated normal contributions of the member at the date of retirement, to equal the fraction of one-fiftieth of the member’s final compensation set forth opposite the member’s age at retirement, taken to the preceding completed quarter year, in the following table, multiplied by the number of years of current and prior service, except service in a category of membership other than that of a school member, state miscellaneous or state industrial member, or university member or service covered under this retirement formula with which the member is entitled to be credited at retirement:

Age at

retirement

Fraction

50  ........................

0.550

50¼  ........................

0.573

50½  ........................

0.595

50¾  ........................

0.618

51  ........................

0.640

51¼  ........................

0.663

51½  ........................

0.685

51¾  ........................

0.708

52  ........................

0.730

52¼  ........................

0.753

52½  ........................

0.775

52¾  ........................

0.798

53  ........................

0.820

53¼  ........................

0.843

53½  ........................

0.865

53¾  ........................

0.888

54  ........................

0.910

54¼  ........................

0.933

54½  ........................

0.955

54¾  ........................

0.978

55  ........................

1.000

55¼  ........................

1.008

55½  ........................

1.016

55¾  ........................

1.024

56  ........................

1.032

56¼  ........................

1.040

56½  ........................

1.048

56¾  ........................

1.055

57  ........................

1.063

57¼  ........................

1.071

57½  ........................

1.079

57¾  ........................

1.086

58  ........................

1.094

58¼  ........................

1.102

58½  ........................

1.110

58¾  ........................

1.118

59  ........................

1.125

59¼  ........................

1.134

59½  ........................

1.141

59¾  ........................

1.149

60  ........................

1.157

60¼  ........................

1.165

60½  ........................

1.173

60¾  ........................

1.180

61  ........................

1.188

61¼  ........................

1.196

61½  ........................

1.203

61¾  ........................

1.211

62  ........................

1.219

62¼  ........................

1.227

62½  ........................

1.235

62¾  ........................

1.243

63 and over  ........................

1.250

(b) The fraction specified in the above table shall be reduced by one-third as applied to that part of final compensation that does not exceed four hundred dollars ($400) per month for all service of a member any of whose service has been included in the federal system. This subdivision shall not apply to school members whose service is included in the federal system with respect to service performed on or after January 1, 2001.

(c) This section shall supersede Section 21353 for all school members, all university members, and all state miscellaneous members, with respect to service rendered for the California State University or the legislative or judicial branch of government, who retire on or after January 1, 2000.

(d) This section shall also supersede Section 21353 for state miscellaneous or state industrial members, for service not subject to subdivision (c), who are employed by the state on or after January 1, 2000, and who do not elect under Section 21070.5 to be subject to Second Tier benefits.

(e) Operation and application of this section are subject to the limitations set forth in Section 21251.13.

(f) Notwithstanding any other provision of this section, this section shall not apply to a state miscellaneous or industrial member who is employed by the state for the first time and becomes a state miscellaneous or industrial member of the system on or after the first day of the pay period following the effective date of the act adding this subdivision, and is represented by State Bargaining Unit 12, 16, 18, or 19. With respect to related state miscellaneous or industrial members in managerial, supervisory, or confidential positions and officers or employees of the executive branch of state government who are not members of the civil service, the Director of Human Resources may exercise his or her discretion whether to approve their status in writing to the board.

(g) Notwithstanding any other provision of this section, this section shall not apply to a state miscellaneous or industrial member who is employed by the state for the first time and becomes a state miscellaneous or industrial member of the system on or after October 31, 2010, and is represented by State Bargaining Unit 5 or 8. With respect to related state miscellaneous or industrial members in managerial, supervisory, or confidential positions and officers or employees of the executive branch of state government who are not members of the civil service, the Director of Human Resources may exercise his or her discretion whether to approve their status in writing to the board.

(h) (1) Notwithstanding Section 3517.8 or any provision of an expired memorandum of understanding, or any other provision of this section, this section shall not apply to a state miscellaneous or industrial member who is employed by the state, the Legislature, the judicial branch, or the California State University for the first time and becomes a member of the system on or after January 15, 2011.

(2) If this subdivision is in conflict with a memorandum of understanding that is current and in effect on January 15, 2011, the memorandum of understanding shall be controlling while it remains in effect. Upon expiration of the memorandum of understanding that is in effect and current on January 15, 2011, this section shall be controlling and may not be superseded by a subsequent memorandum of understanding.

(Amended by Stats. 2012, Ch. 665, Sec. 134. (SB 1308) Effective January 1, 2013. Pursuant to subd. (e), section is conditionally operative as prescribed in Section 21251.13.)