Cal. Code Regs. Tit. 2, § 589.2 - Participation

(a) CalPERS Members With Benefits Limited by Section 415 --Participation in this Plan is limited solely to those CalPERS Members or Other Recipients whose benefits earned or payable under CalPERS are limited by Section 415 for periods on and after the Effective Date.

(b) Commencement of Participation--Participation in this Plan shall commence on the first date (on or after the Effective Date) with respect to which benefits payable to the Member from CalPERS are limited by Section 415. This date is the Commencement Date.

(c) Cessation of Participation--Participation in this Plan shall cease as of the first date for which benefits payable to the CalPERS Member or Other Recipient are no longer limited by Section 415.

(d) Re-commencement of Participation.

(1) If any Participant has ceased participation in this Plan but at a later date his or her CalPERS benefits payable are again limited by Section 415, he or she shall again commence participation as provided in Subsection 589.2(b) hereof and shall cease participation as provided in Subsection 589.2(c) hereof.

(2) If a Participant's CalPERS benefits stop, then he or she shall cease participation in this Plan and his or her benefits shall stop under this Plan. He or she shall again commence participation as provided in Subsection 589.2(b) hereof and shall cease participation as provided in Subsection 589.2(c) hereof.

(e) Other Recipients--Any Other Recipient of benefits from CalPERS shall receive benefits under this Plan as of the first date (on or after the Effective Date) with respect to which benefits payable to him or her from CalPERS are limited by Section 415. The Other Recipient's benefits payable under this Plan shall cease as of the first date for which his or her CalPERS benefit is no longer limited by Section 415.

(f) Limited Retroactive Participation--CalPERS Members or Other Recipients whose benefits payable under CalPERS were limited by Section 415 for periods beginning on and after January 1, 1993 and ending with the Effective Date, shall be Participants in this Plan solely for the purpose of paying to them benefits that were limited by Section 415 during that period and shall be Participants solely for the time period necessary or appropriate to complete such payment. This Participation may be in addition to the Participation otherwise provided for in this Section.

(g) No One Else Shall Receive Benefits--No one other than a person described in this Section shall receive any benefits under this Plan, except as required by domestic relations orders or applicable law.

Notes

Cal. Code Regs. Tit. 2, § 589.2

1. New section filed 1-25-2001; operative 1-25-2001 pursuant to Government Code section 11343.4(c). Submitted to OAL for printing only (Register 2001, No. 4).

Note: Authority cited: Section 20120, 20121 and 21760, Government Code. Reference: Section 21757, Government Code.

1. New section filed 1-25-2001; operative 1-25-2001 pursuant to Government Code section 11343.4(c). Submitted to OAL for printing only (Register 2001, No. 4).