Following the creation of risk pools pursuant to Section 20840 of the Government Code, any existing contracting agency with a non-pooled plan of less than 100 active members on any annual actuarial valuation date shall be required to participate in a risk pool provided that the actuary determines such participation will not be unfavorable to other agencies in the pool. In the event that such participation would be unfavorable, the matter may be referred to the CalPERS Board for a hearing. Participation shall be effective as of that valuation date for all members of that non-pooled plan, but no earlier than the June 30, 2003, actuarial valuation which will be used to set employer contribution rates for fiscal year 2005-2006. The effective date of mandated benefits pursuant to Section 20840 of the Government Code for a rate plan in a risk pool is the first day that the contracting agency is required to pay the employer normal cost for that rate plan based on an actuarial valuation for the pool.

Note: Authority cited: Sections 20120, 20121 and 20840, Government Code. Reference: Section 20840, Government Code.

History

1. New section filed 9-23-2004; operative 9-23-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 39).

2. Amendment of section heading and section filed 9-14-2009; operative 10-14-2009 (Register 2009, No. 38).

3. Amendment filed 5-12-2026; operative 7-1-2026 (Register 2026, No. 20).