Government Code — Part 44 | GOV — United States — California law | Esheria

Government Code

Part 44 of 107 · provisions 8,601–8,800

This act is named the Government Code.

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About this statute

This section defines key terms used in the CalSavers retirement savings title. This section creates the CalSavers Retirement Savings Board and sets rules for how the board, program administrator, and staff must operate. This section creates the CalSavers Retirement Savings Trust, assigns the board to administer it, requires the board to split trust money into a program fund and an administrative fund, and gives the Treasurer and the board investment-related powers. It also caps administrative fund spending at 1% of the total program fund after six years from implementation and exempts certain securities from specified Corporations Code sections. The CalSavers Retirement Savings Program must include one or more payroll deduction IRA arrangements, as determined by the board. The board has broad authority over the trust, including contracts, investments, staff, insurance, cooperation, and rulemaking.

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Provisions of Government Code

Showing 200 of 21,333

  1. 31469.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. )

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    This section defines “employee” for this chapter.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31469. (a) “Employee” means any officer or other person employed by a county whose compensation is fixed by the board of supervisors or by statute and whose compensation is paid by the county, and any officer or other person employed by any district within the county. (b) “Employee” includes any officer or attaché of any superior court that has been brought within the operation of this chapter. (c) “Employee” includes any officer or other person employed by a district as defined in subdivision (c) of Section 31468 and whose compensation is paid from funds of the district. (d) “Employee” includes any member paid from the county school service fund who elected pursuant to Section 1313 of the Education Code to remain a member of this system. (e) “Employee” includes any person permanently employed by a local agency formation commission including the executive officer thereof. (Amended by Stats. 2006, Ch. 538, Sec. 304. Effective January 1, 2007.)
  2. 31469.1.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. )

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    This section defines who counts as a “county peace officer” and lists excluded roles.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31469.1. (a) “County peace officer” means the sheriff and any officer or employee of the sheriff’s office of a county employed and qualifying as a constable or deputy constable or marshal or deputy marshal or deputy sheriff or equal or higher rank, irrespective of the duties to which that person may be assigned, excepting, however, those employees whose principal duties are those of a telephone operator, clerk, stenographer, machinist or mechanic. (b) Any other provision in the Government Code to the contrary notwithstanding, “county peace officer” shall also include and mean any inspectors, detectives and investigators employed by the district attorney, whose principal duties are to investigate crime and criminal cases and to receive regular compensation for that service. (c) “County peace officer” does not include a local prosecutor, local public defender, or local public defender investigator, as defined in Section 31469.2. (Amended by Stats. 2002, Ch. 1152, Sec. 8. Effective January 1, 2003.)
  3. 31469.2.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. )

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    This section defines who counts as a “local prosecutor,” a “local public defender,” and a “local public defender investigator” for this chapter.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31469.2. (a) For purposes of this chapter, “local prosecutor” means any one of the following: (1) A county officer or employee who meets all of the following criteria: (A) He or she is or, on or after January 1, 2002, was employed in the office of the district attorney. (B) His or her job classification is or, on or after January 1, 2002, was district attorney, deputy district attorney, chief deputy district attorney, senior deputy district attorney, assistant district attorney, chief assistant district attorney, senior assistant district attorney, or any other similar classification or title. (C) His or her effective date of retirement is on or after the date Section 31470.14 becomes applicable in the county. (2) A county officer or employee who meets all of the following criteria: (A) He or she was employed in the office of a district attorney prior to the date the local child support agency transitioned from the district attorney to a new county department, as specified in Section 17304 of the Family Code. (B) His or her job classification was district attorney, deputy district attorney, chief deputy district attorney, senior deputy district attorney, assistant district attorney, chief assistant district attorney, senior assistant district attorney, or any other similar classification or title. (C) He or she is or, on or after January 1, 2002, was an attorney in a local child support agency, as defined in subdivision (h) of Section 17000 of the Family Code, with no break in service between employment by a district attorney and the local child support agency. (D) His or her effective date of retirement is on or after the date Section 31470.14 becomes applicable in the county. (3) A city officer or employee who meets all of the following criteria: (A) He or she is or, on or after January 1, 2002, was employed in the office of the city attorney. (B) He or she is or, on or after January 1, 2002, was primarily engaged in the active enforcement of criminal laws within any court operating in a county. (C) His or her job classification is or, on or after January 1, 2002, was city attorney, deputy city attorney, chief deputy city attorney, assistant city attorney, chief assistant city attorney, or any other similar classification or title. (D) His or her effective date or retirement is on or after the date Section 31470.14 becomes applicable in the county. (b) For purposes of this chapter, “local public defender” means a city or county officer or employee who meets all of the following criteria: (1) He or she is or, on or after January 1, 2002, was employed in the office of the public defender, the alternate public defender, or any similar office title. (2) His or her job classification is or, on January 1, 2002, was public defender, deputy public defender, chief deputy public defender, senior deputy public defender, assistant public defender, chief assistant public defender, senior assistant public defender, or any other similar classification or title. (3) His or her effective date of retirement is on or after the date Section 31470.14 becomes applicable in the county. (c) For purposes of this chapter, “local public defender investigator” means a city or county officer or employee who meets all of the following criteria: (1) He or she is or, on or after January 1, 2002, was employed in the office of the public defender, the alternate public defender, or any other similar office title. (2) His or her job classification is or, on or after January 1, 2002, was inspector, investigator, detective, or any other similar classification or title. (3) His or her principal duties are or, on or after January 1, 2002, were to investigate crime and criminal statutes. (4) His or her effective date of retirement is on or after the date Section 31470.14 becomes applicable in the county. (Added by Stats. 2002, Ch. 1152, Sec. 9. Effective January 1, 2003.)
  4. 31469.3.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. )

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    This section defines who counts as a “safety member.”

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31469.3. “Safety member” means any person who is any of the following: (a) A member of a pension system established pursuant to either Chapter 4 or Chapter 5, who elects by written notice filed with the board, to become a safety member. (b) Any person employed by a county, subject to Section 31676.1 or 31695.1 or by a district or court organized or existing within such a county, whose principal duties consist of active law enforcement or active fire suppression as described in Section 31470.2 and 31470.4, or active lifeguard service as limited by Section 31470.6 or juvenile hall group counseling and group supervision if adopted by the board of supervisors as provided in Section 31469.4. (c) Any person described in Section 31469.2 in any county in which Section 31470.14 has become operative. (Amended by Stats. 2002, Ch. 1152, Sec. 10. Effective January 1, 2003.)
  5. 31469.4.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. )

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    “Safety member” is defined to include certain probation officers, juvenile hall or juvenile home group counselors, and group supervisors working with detained delinquent youths under physical security.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31469.4. “Safety member” means persons employed as probation officers, juvenile hall or juvenile home group counselors, and group supervisors who are primarily engaged in the control and custody of delinquent youths who must be detained under physical security in order not to be harmful to themselves or others. The provisions of this section shall not be applicable in any county until the board of supervisors by resolution make the provisions applicable. (Amended by Stats. 1981, Ch. 1142, Sec. 4.)
  6. 31469.5.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. )

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    This section lets eligible county probation officers choose safety status and sets how retirement benefits and credit are handled.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31469.5. (a) This section shall be applicable in the retirement system of any county of the 10th class, as defined by Sections 28020 and 28031, as amended by Chapter 1204 of the Statutes of 1971, if the board of supervisors executes a memorandum of understanding with the employee representatives and adopts, by majority vote, a resolution providing for safety status for probation officers, as provided in Section 31469.4. (b) The purpose of this section is to provide optional safety status for probation officers employed on or before March 1, 1991. Notwithstanding Section 31558.6, that option shall be exercised within 120 days from the effective date of the implementation of Section 31469.4, together with the option to receive credit as a safety member for all or part of the time during which his or her duties would have made him or her eligible to become a safety member, if this section had then been in effect. (c) Except as otherwise provided in this section, the retirement benefits of existing probation officers who elect to transfer from general membership in the county retirement system to safety membership shall be implemented pursuant to Section 31484.5, except that: (1) The definition of final compensation in Section 31462.1 shall no longer apply to probation officers electing safety status; instead, the definition of final compensation in Section 31462 shall apply at the date of retirement to all credited safety service regardless of previous service under Section 31462.1. However, the board of supervisors may adopt a resolution providing that the definition of final compensation contained in Section 31462.1 shall apply to certain probation officers electing safety status who are specifically identified in the resolution and who are retiring on or after the date specified in the resolution. (2) For employees entitled to a cost-of-living adjustment upon retirement, Article 16.5 (commencing with Section 31870) shall apply, except that the increase in the allowance shall not exceed a maximum of 3 percent in any given year credited as safety membership. An employee who elects safety retirement under Section 31469.4 and who thereby waives his or her entitlement to a higher cost-of-living allowance shall be deemed to have waived the higher cost-of-living allowance with regard to all previous service credited as safety service at the date of retirement, regardless of previous service under any other provision, and shall be deemed to have relinquished any right to the higher cost-of-living allowance without refund of contributions therefor, except as determined by the board of supervisors. (3) An employee who elects safety retirement under Section 31469.4 may elect to receive credit as a safety member for all or part of the time during which his or her duties would have made him or her eligible to become a safety member if this section had then been in effect as provided in Section 31639.7, except that an election to receive part credit may be exercised only in multiples of five years of service. A member who elects to receive credit for only a part of that county service shall elect that county service latest in time and may not receive credit for any portion of county service prior in time to any county service for which he or she does not elect to receive credit. (4) A member not previously within the safety membership category who elects to receive credit for all or part of the time during which the member’s duties would have made him or her eligible to become a safety member if this section had then been in effect shall pay into the retirement system the amount that would have had to be contributed by the employer to fund the employer’s liability for safety membership and an amount equal to the difference between the employee’s contributions actually made during the time for which he or she claims credit and the contributions the member would have made during that period if he or she had been in safety status during that period. (d) All probation officers in Tier III who elect to transfer from general membership in the county retirement system to safety membership pursuant to this section shall be placed in Tier II regardless of their status prior to selecting Tier III benefits. (e) All persons hired after the effective date of implementation of Section 31469.4 shall, upon retirement, have his or her cost-of-living allowance and final compensation computed in accordance with this section. (Amended by Stats. 2000, Ch. 135, Sec. 78. Effective January 1, 2001.)
  7. 31469.6.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. )

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    Law enforcement employees of a harbor improvement district are treated as safety members.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31469.6. Law enforcement employees of a harbor improvement district are safety members subject to Article 6.8 (commencing with Section 31639) and Article 7.5 (commencing with Section 31662) of this chapter, and to such other provisions of this chapter as apply to safety members. (Added by Stats. 1963, Ch. 731.)
  8. 31469.8.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. )

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    In an 18th-class county, the board of supervisors may negotiate with a recognized employee organization about conditions tied to making Section 31469.4 applicable, and the section does not operate until the board adopts a majority-vote resolution applying it.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31469.8. (a) In a county of the 18th class, as defined by Sections 28020 and 28039, as amended by Chapter 1204 of the Statutes of 1971, the board of supervisors may meet and confer pursuant to the Meyers-Milias-Brown Act (Chapter 10 (commencing with Section 3500) of Division 4 of Title 1) with a recognized employee organization that represents county employees who are not safety members because the board of supervisors has not made Section 31469.4 applicable in the county, and endeavor to reach agreement on any conditions to be required of employees or an employee organization seeking to have Section 31469.4 made applicable. The conditions shall include, but not be limited to, whether the employees shall be required to pay all or part of the following: (1) The increase in the employer’s normal cost contributions. (2) Any increase of the employer’s unfunded actuarial accrued liability in excess of what it would have accrued if the employees had remained miscellaneous members. (3) Any increase in the employer’s normal cost contributions or unfunded actuarial liability attributable to employees who have become safety members electing to purchase credit as a safety member pursuant to Section 31639.7 for the time served in an eligible position prior to becoming a safety member. (b) Any payments made by employees on behalf of the employer to cover the increased cost of safety retirement shall be as determined upon actuarial advice from the retirement board’s actuaries, and shall be approved by the board of retirement. (c) This section shall not be operative in the county until the date on which the board of supervisors, by resolution adopted by a majority vote, makes the provisions of this section applicable in the county. (Added by Stats. 2000, Ch. 172, Sec. 1. Effective January 1, 2001.)
  9. 31470.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. )

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    This section defines “member” for the retirement association.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31470. “Member” means any person included in the membership of the retirement association pursuant to Article 4, and includes safety members as defined in Sections 31469.3, 31470.2, 31470.4 and 31470.6, or any person who has elected in writing to come within the provisions of Article 9. (Amended by Stats. 1957, Ch. 1301.)
  10. 31470.1.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. )

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    “Member” includes “county peace officer member,” except where those members are specifically excluded.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31470.1. “Member” includes “county peace officer member” except in sections where county peace officer members are specifically excluded. Anything else in this act to the contrary notwithstanding, where there is a conflict with the special provisions pertaining to county peace officer members said special provisions shall apply. (Added by Stats. 1951, Ch. 1197.)
  11. 31470.10.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. )

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    Orange County welfare fraud investigators and administrators budgeted there are eligible for the stated benefits, and they receive them if the board of supervisors approves by majority vote.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31470.10. Notwithstanding Section 31470.2, all welfare fraud investigators and administrators budgeted within Orange County shall be eligible, regardless of which county department actually supervises or funds them, and shall receive those benefits upon a majority vote of the board of supervisors. (Amended by Stats. 2003, Ch. 171, Sec. 1. Effective January 1, 2004.)
  12. 31470.11.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. )

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    Welfare fraud investigators and administrators in counties of the 16th class are ineligible for safety membership unless the board of supervisors approves eligibility by majority-vote resolution.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31470.11. Notwithstanding Section 31470.2, all welfare fraud investigators and administrators in counties of the 16th class, as described by Sections 28020 and 28037, as amended by Chapter 1204 of the Statutes of 1971, shall be ineligible for safety membership, unless and until the board of supervisors shall elect, by resolution adopted by a majority vote, to make those investigators and administrators eligible. (Amended by Stats. 2000, Ch. 379, Sec. 1. Effective January 1, 2001.)
  13. 31470.12.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    Child support investigators and administrators in certain counties are eligible, but the section does not apply in a county until the county board of supervisors makes it applicable by majority-vote resolution.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31470.12. Child support investigators and administrators in counties of the 16th class, as described by Section 28020 and 28037, as amended by Chapter 1204 of the Statutes of 1971, are eligible. This section shall not be operative in any county until such time as the board of supervisors shall elect, by resolution adopted by a majority vote, to make this section applicable in the county. (Amended by Stats. 2000, Ch. 379, Sec. 3. Effective January 1, 2001.)
  14. 31470.13.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    Employees and officers whose duties clearly fall within hazardous materials services are eligible, but the section does not apply in a county until the board of supervisors adopts a majority-vote resolution making it applicable.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31470.13. Officers and employees whose function clearly fall within the scope of hazardous materials services are eligible. This section shall not be operative in any county until the time as the board of supervisors shall, by resolution adopted by a majority vote, make this section applicable in the county. (Added by Stats. 1998, Ch. 996, Sec. 4. Effective January 1, 1999.)
  15. 31470.14.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    Local prosecutors, local public defenders, and local public defender investigators are eligible for this section, may file a written election not to become local safety members within the stated time, and are not treated as county peace officers under this chapter.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31470.14. (a) Local prosecutors, local public defenders, and local public defender investigators are eligible. (b) Except as provided in subdivision (c) and notwithstanding Sections 31639.7 and 31639.75, past service as a general member shall be converted to safety service if the past service was rendered in a position that has subsequently been reclassified as a safety position pursuant to this section before January 1, 2013. On or after January 1, 2013, any enhancement to safety service shall be subject to Section 7522.44. For local prosecutors, as described in paragraph (2) of subdivision (a) of Section 31469.2, service in the office of a district attorney and a local child support agency shall be considered service for the district attorney for purposes of this section. (c) Notwithstanding any other provision of this chapter, within 90 days after this section becomes operative in the county, or on the first day of the calendar month following entrance into service, whichever is later, a local prosecutor, local public defender, or local public defender investigator may file a written election not to become a local safety member pursuant to this section. (d) Notwithstanding any other provision of this chapter, local prosecutors, local public defenders, and local public defender investigators shall be subject to the benefit formula contained in Section 31664 or 31664.2, or any other benefit formula applicable to safety members that does not provide benefits greater than those benefits provided under Section 31664.2, as designated in the resolution described in subdivision (e). A local prosecutor, local public defender, or local public defender investigator shall not be deemed to be a county peace officer, as defined in Section 31469.1, for any purpose under this chapter. (e) This section shall not be operative in a county unless and until the board of supervisors, by resolution adopted by majority vote, makes this section operative in the county. A resolution to make this section operative in the county shall include all local prosecutors, local public defenders, and local public defender investigators described in Section 31469.2. (f) A provision in a memorandum of understanding that an employer is not obligated to meet and confer regarding wages, hours, or conditions of employment during the term of the memorandum shall not be construed to preclude meetings regarding the provisions of this section between an employer and local prosecutors, local public defenders, and local public defender investigators prior to the expiration of the term of the memorandum of understanding. (g) This section does not apply to any person described in Section 31469.2 who dies prior to the date this section becomes applicable in the county. (Amended by Stats. 2025, Ch. 239, Sec. 16. (SB 853) Effective January 1, 2026.)
  16. 31470.2.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    This section makes certain county law-enforcement and prosecution-related positions eligible, and some parts apply only after a county board of supervisors adopts a majority-vote resolution.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31470.2. (a) All sheriffs, undersheriffs, chief deputies sheriff, jailers, turnkeys, deputies sheriff, bailiffs, constables, deputies constable, motorcycle officers, aircraft pilots, heads and assistant heads of all divisions of the office of the sheriff, detectives and investigators in the office of the district attorney, marshals, court service officers only in a county of the third class, as defined in Sections 28020 and 28024, and all regularly appointed deputy marshals are eligible. (b) In a county of the eighth class, as defined in Sections 28020 and 28029, both as amended by Chapter 1204 of the Statutes of 1971, all peace officers in the Park Ranger class series in the Department of Regional Parks, Recreation, and Open Space are eligible. This subdivision shall not be operative until such time as the county board of supervisors shall, by resolution adopted by a majority vote, make this subdivision applicable in the county. (c) Local prosecutors, local public defenders, and local public defender investigators are eligible if the county board of supervisors adopts a resolution by a majority vote making this subdivision and Section 31470.14 applicable in the county. (Amended by Stats. 2002, Ch. 1152, Sec. 11. Effective January 1, 2003.)
  17. 31470.25.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    Certain county law-enforcement and related officers are eligible under this section if first employed on or after the section’s operative date, but only in a county of the second class and only after the county board of supervisors makes the section operative by majority vote.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31470.25. (a) All sheriffs, undersheriffs, assistant sheriffs, chief deputy sheriffs, captains, lieutenants, sergeants, jailers, turnkeys, deputy sheriffs, bailiffs, constables, deputy constables, motorcycle officers, aircraft pilots, detectives, and investigators in the office of the district attorney, and marshals and all regularly appointed deputy marshals, who are first so employed on or after the operative date of this section in a county, are eligible. This section is an alternative to Section 31470.2. (b) This section shall apply only in a county of the second class, as defined by Sections 28020 and 28023, as amended by Chapter 1204 of the Statutes of 1971. (c) This section shall not be operative in a county unless and until the board of supervisors, by resolution adopted by a majority vote, makes this section operative in that county. (Amended by Stats. 2006, Ch. 538, Sec. 305. Effective January 1, 2007.)
  18. 31470.3.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    Some county employees listed here are ineligible under this provision.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31470.3. Clerks, bookkeepers, stenographers, court service officers, except in a county of the third class, as defined in Sections 28020 and 28024, and other employees who may have been appointed as deputies sheriff or deputies marshal but who do not perform the duties of any peace officers enumerated and honorary deputies sheriff or other persons holding appointments as deputies sheriff who receive no compensation therefor who do not regularly perform official duties and those whose principal duties clearly do not fall within the scope of active law enforcement, even though such a person is subject to occasional call, or is occasionally called upon to perform duties within the scope of active law enforcement are ineligible. (Amended by Stats. 1998, Ch. 918, Sec. 2. Effective September 28, 1998.)
  19. 31470.4.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    Certain county fire and suppression personnel are eligible under this section.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31470.4. All county foresters, county firewardens, deputies or assistant county foresters, deputies or assistant county firewardens, firefighters, fire apparatus engineers, fire prevention inspectors, forest firemen, fire patrolmen, aircraft pilots, and foremen assigned to fire suppression crews, all other personnel assigned to active fire suppression in any county forester’s or county firewarden’s department and all officers, engineers, and firemen of any county fire protection district, and all other personnel assigned to active fire suppression in any county fire protection district are eligible. (Amended by Stats. 1981, Ch. 641, Sec. 1.)
  20. 31470.5.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    These listed county retirement-related employees and volunteers are ineligible.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31470.5. Bookkeepers, stenographers, cooks, laborers, county fire protection district fire foremen, call firemen, and firefighters whose principal duties clearly do not fall within the scope of active fire suppression, even though the person is subject to occasional call, or is occasionally called upon, to perform duties within the scope of active fire suppression, and volunteer employees, honorary deputy county foresters, honorary deputy county firewardens, and voluntary firewardens holding appointments as such who receive no compensation therefor and who do not regularly perform official duties, are ineligible. (Amended by Stats. 1981, Ch. 641, Sec. 2.)
  21. 31470.6.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    This section classifies certain county lifeguard and rescue employees as “active law enforcement” employees, with specific exclusions and an added application for some larger counties.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31470.6. (a) A permanent employee of a county having a population in excess of 500,000 whose principal duties consist of active protection, rescue, and rendition of aid or assistance to persons injured or imperiled in water areas at beaches and lakes, streams, dams, reservoirs, or other bodies of open water (not including swimming pools) or in small craft or airplanes at sea near the shoreline and the recovery from water areas of submerged objects and bodies of persons drowned or believed to have drowned in those areas, or the immediate supervision thereof, including persons employed to perform the duties now performed under the titles of director of beaches, assistant director of beaches, deputy director of beaches, chief lifeguard, assistant chief lifeguard, captain lifeguards, lieutenant rescue boat, lieutenant lifeguards, beach lifeguard, but who performs additional duties, some of which (including the maintenance of peace and order and the apprehension of law violators) are customarily performed by police or peace officers, and whose other duties (such as resuscitation work involving the use of special equipment in cases having no connection with their principal duties) which in other areas are customarily performed by firemen, and other and further duties (such as the rescue of persons from disabled aircraft and small boats in inshore or inland waters and the removal of dangerous obstructions from waters) which do not come directly within any of the aforesaid classifications but are essential to the safety and security of the public, excluding those whose principal duties are those of a telephone operator, clerk, stenographer, machinist, mechanic, or otherwise clearly do not fall within the scope of active lifeguarding or lifesaving service, even though a person is subject to occasional call, or is occasionally called upon, to perform duties within the scope of active lifeguarding or lifesaving service, shall be considered and is hereby classified as an employee whose principal duties consist in “active law enforcement.” Persons employed to perform the duties of director of beaches, assistant director of beaches, or deputy director of beaches shall not be within the classification of “active law enforcement” employee, unless those persons have previously been included within that classification, or have performed duties which would have qualified such person as an “active law enforcement” employee under this section. (b) In a county with a population in excess of four million, the provisions of subdivision (a) shall also apply to persons employed under the titles and to perform the duties of division chief-public safety, assistant division chief-public safety, or district manager-public safety. (Amended by Stats. 1990, Ch. 219, Sec. 1.)
  22. 31470.7.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    If a member elects credit for public service or county service under the cited sections, that election does not make the person a member during that service period.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31470.7. The election by a member to receive credit for employment in public service or in county service pursuant to Section 31641.1 or 31641.5 does not make such person a member during any part of such public service or county service. (Added by Stats. 1955, Ch. 363.)
  23. 31470.8.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    If there is doubt about whether a person is eligible to become a safety member, the board decides.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31470.8. In cases of doubt as to whether a person is eligible to become a safety member, the board shall decide. (Added by renumbering Section 31470.6 by Stats. 1957, Ch. 1301.)
  24. 31470.9.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    Public administrators, coroners, and coroner-public administrators are eligible for membership, but the board of supervisors must approve the membership.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31470.9. All public administrators, coroners and coroner-public administrators, whether compensated on a fee or salary basis, are eligible, except that the membership of such persons is subject to the approval of the board of supervisors. (Added by Stats. 1961, Ch. 2095.)
  25. 31471.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    “Pension” means life payments funded by contributions from board-controlled funds or district funds.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31471. “Pension” means payments for life derived from contributions made from funds controlled by the board of supervisors, or from funds of a district. (Added by Stats. 1947, Ch. 424.)
  26. 31471.5.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    This section defines “recognized retiree organization” as an organization mostly made up of retired members of the system that the board has approved for recognition upon request.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31471.5. “Recognized retiree organization” means an organization in which a majority of the members of the organization are retired members of the system and which the board, upon request, has approved recognition. (Added by Stats. 2012, Ch. 178, Sec. 2. (SB 1382) Effective January 1, 2013.)
  27. 31472.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    This section defines “regular interest” as 2.5% a year, compounded twice yearly on June 30 and December 31, unless the board determines אחרת.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31472. “Regular interest” means interest at 21/2 percent a year until otherwise determined by the board compounded semiannually on June 30th and December 31st. (Amended by Stats. 1949, Ch. 1228.)
  28. 31472.1.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    This section defines “regular interest” (or “interest”) for calculating deposits, and says that “deposits” includes “redeposits.”

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31472.1. “Regular interest” or “interest” when used for purposes of computing deposits under this chapter, except as otherwise specifically provided, shall mean that amount of interest which would have been credited to the account of the member on the amount to be deposited at the interest rates established for the system if the contributions required to be deposited had been made in the amounts and at the times required if the member had been making such deposits during the time service was rendered until the amount required to be deposited has been paid. For purposes of this section “deposits” includes “redeposits”. (Added by Stats. 1970, Ch. 369.)
  29. 31473.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    “Retirement allowance” means the pension plus the annuity.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31473. “Retirement allowance” means the pension plus the annuity. (Added by Stats. 1947, Ch. 424.)
  30. 31474.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    This section defines “retirement association” as an association of all persons who may qualify as annuitants or beneficiaries under this chapter.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31474. “Retirement association” means an association of all persons who may qualify as annuitants or beneficiaries pursuant to this chapter. (Added by Stats. 1947, Ch. 424.)
  31. 31475.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    This section defines “retirement fund” as the Employees Retirement Fund.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31475. “Retirement fund” means the Employees Retirement Fund. (Added by Stats. 1947, Ch. 424.)
  32. 31476.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    This section defines “retirement system” as the systems created under this chapter or its predecessor and says the county employees’ retirement system created in 1937 continues to exist under this chapter.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31476. “Retirement system” means each of the systems created and established pursuant to this chapter or its predecessor. The retirement system for county employees created by Chapter 677 of the Statutes of 1937, as amended, is continued in existence under this chapter. (Added by Stats. 1947, Ch. 424.)
  33. 31477.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    “Salary fund” means the fund from which salaries are ordinarily paid.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31477. “Salary fund” means the fund from which salaries are ordinarily paid. (Added by Stats. 1947, Ch. 424.)
  34. 31478.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    This section defines “public agency” for this article.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31478. “Public agency” means the United States of America, this state, or any department or agency of either, or any county, or any city, which city or county is within this state, or any public corporation, municipal corporation, or public district, which public corporation, municipal corporation, or public district is situated in whole or in part within the county, and any local agency formation commission. Section 31468 does not apply to this section. (Amended by Stats. 1968, Ch. 1261.)
  35. 31479.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    This provision defines “public service” for the retirement law.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31479. “Public service” means service rendered as an officer or employee of a public agency for which service the officer or employee received compensation from the public agency and with respect to which he is not entitled to receive credit in any retirement system supported wholly or in part by public funds after he becomes a member of this system. (Added by Stats. 1955, Ch. 363.)
  36. 31479.1.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    A county official may get retirement credit for unpaid service as a city council member, but only if the section has been adopted by the county’s board of supervisors and the service is not covered by the California Public Employees’ Pension Reform Act of 2013.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31479.1. (a) (1) Notwithstanding Section 31479, an elective or appointive county official may receive credit for service rendered as a city council member even though that service was not compensated. (2) This section shall not be operative in any county until it is adopted by a majority vote of the board of supervisors. (b) This section shall not apply to service performed as an elective or appointive officer that is subject to the California Public Employees’ Pension Reform Act of 2013. (Amended by Stats. 2013, Ch. 247, Sec. 11. (AB 1380) Effective January 1, 2014.)
  37. 31479.2.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    This section expands the meaning of “public service” to include certain compensated service for a District of Columbia department or agency, if the person is not entitled to retirement credit in a public-funded retirement system after joining this system.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31479.2. “Public service” also means service rendered as an officer or employee of a department or agency of the District of Columbia for which the officer or employee received compensation and with respect to which he is not entitled to receive credit in any retirement system supported wholly or in part by public funds after he becomes a member of this system. (Added by Stats. 1976, Ch. 1476.)
  38. 31479.3.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    This section defines certain World War II merchant marine service as “public service,” lets members and retired members buy public service credit, and says the section does not operate in a county until the county board of supervisors makes it applicable by majority vote.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31479.3. “Public service” also means service in the merchant marine of the United States during the period of December 7, 1941, through August 15, 1945, whether or not the employee received compensation from the United States Government and with respect to which he or she is not entitled to receive credit in any retirement system supported wholly or in part by public funds after he or she became a member of this system. This section shall apply to both members and retired members of a county retirement association subject to this chapter. Both members and retired members may purchase public service credit pursuant to Sections 31641.1 and 31641.2. For a retired member the additional pension amount accruing because of any public service credit purchased shall be computed as though the service had been credited on the effective date of retirement and increased by any cost-of-living increases which may have been granted since the effective date of retirement and shall begin as of the first of the month following either the date of receipt of the retired member’s election to purchase the credit pursuant to Section 31641.1 or the date of receipt of the full cost of the purchase computed pursuant to Section 31641.2 whichever is later. This section shall not be operative in any county until the board of supervisors shall, by resolution adopted by a majority vote, make this section applicable in the county. (Added by Stats. 1990, Ch. 433, Sec. 1.)
  39. 31480.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    This section limits when chapter benefits apply to members claiming public service credit or certain unpaid illness leave credit, unless they have enough other service to meet the chapter’s minimum requirements.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31480. The provisions of this chapter, as they apply to retirement for service or disability, deferred retirement, and the death benefit, shall not be applicable to any member claiming public service pursuant to Section 31478 or to any member claiming service credit for uncompensated illness leave of absence in excess of 12 consecutive months pursuant to Section 31646.1, unless such member has rendered service, other than the public service or the uncompensated illness leave of absence for which the member has elected to receive credit, sufficient to meet the minimum requirements of this chapter covering each of the benefits enumerated in this section. (Amended by Stats. 1988, Ch. 81, Sec. 1.)
  40. 31481.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    Amendments to this chapter generally cannot change certain retirement allowances or other benefits for specified people, unless the amendment expressly says otherwise.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31481. An amendment either heretofore or hereafter made to this chapter, unless expressly stated otherwise, does not grant, take away, or otherwise affect the right to, or the amount of, any retirement allowance, or other benefit, of: (a) Any member who has retired or shall retire prior to the effective date of such amendment. (b) The spouse, children, beneficiary or coannuitant of any member if such member has retired or shall retire prior to the effective date of such amendment. (c) The spouse, children, beneficiary or coannuitant of any member, if such member has died or shall die, prior to retirement and prior to the effective date of such amendment. (Added by Stats. 1959, Ch. 1184.)
  41. 31482.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    A participant in certain deferred compensation plans may also participate in a public agency retirement system under this chapter.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31482. Notwithstanding any other provision of law, a participant in a deferred compensation plan established pursuant to Chapter 8 (commencing with Section 18310) of Part 1 of Division 5 of Title 2 or pursuant to Article 1.1 (commencing with Section 53212) of Chapter 2 of Part 1 of Division 2 of Title 5, may also participate in a retirement system of a public agency established pursuant to this chapter. (Added by Stats. 1972, Ch. 1370.)
  42. 31482.5.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    People in the covered county retirement systems may not get service credit twice for the same service, but the section allows certain concurrent participation arrangements if the listed conditions are met.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31482.5. (a) Notwithstanding any provisions to the contrary in Section 20894, this section shall apply to all participants in retirement systems governed by this chapter. (b) A person shall not receive credit for the same service in two retirement systems supported wholly or in part by public funds under any circumstance. (c) Nothing in this section shall preclude concurrent participation and credit for service in a public retirement system and in a deferred compensation plan that meets the requirements of Section 457 of Title 26 of the United States Code, a tax-deferred retirement plan that meets the requirements of Section 40l(k) of Title 26 of the United States Code, or a defined contribution plan and trust that meets the requirements of Section 401(a), 403(b), or 415(m) of Title 26 of the United States Code. (d) Nothing in this section shall preclude concurrent participation and credit for service in the defined benefit plan provided under this chapter and in a supplemental defined benefit plan maintained by the employer that meets the requirements of Section 401(a) of Title 26 of the United States Code, provided all of the following conditions exist: (1) The defined benefit plan provided under this chapter has been designated as the employer’s primary plan for the person and the supplemental defined benefit plan is adopted by the governing body of the employer. (2) The supplemental defined benefit plan has received a ruling from the Internal Revenue Service stating that the plan qualifies under Section 401(a) of Title 26 of the United States Code, and has furnished proof thereof to the employer. (3) The person’s participation in the supplemental defined benefit plan does not, in any way, interfere with the person’s rights to membership in the defined benefit plan, or any benefit provided, under this chapter. (e) If any provision of this section conflicts with the California Public Employees’ Pension Reform Act of 2013, that provision shall not apply to a member who is subject to the California Public Employees’ Pension Reform Act of 2013 for all or any portion of his or her membership in the county retirement system. (Amended by Stats. 2013, Ch. 247, Sec. 12. (AB 1380) Effective January 1, 2014.)
  43. 31483.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    A county or district governing body may later end the chapter’s application to employees who start work after a future date, if it had already made the chapter applicable by ordinance or resolution.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31483. Notwithstanding any other provision of law, whenever the governing body of a county or district has made a particular provision or provisions of this chapter applicable in such county or district through the adoption of an ordinance or resolution, such governing body may at any time thereafter adopt a further ordinance or resolution terminating the applicability of such provision or provisions as to employees of the county or district whose services commence after a given future date specified in the latter ordinance or resolution. (Added by Stats. 1977, Ch. 597.)
  44. 31484.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    A county or district governing body may let current employees end the application of increased benefit provisions by written election, but not basic benefits.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31484. Notwithstanding any other provision of law, whenever the governing body of a county or district has made a particular provision or provisions of this chapter providing for increased benefits applicable to such county or district through the adoption of an ordinance or resolution, such governing body may at any time thereafter adopt another ordinance or resolution terminating the applicability of such provision or provisions as to current employees of the county or district who elect by written notice filed with the board to have the applicability of such provision or provisions terminated as to them. This section is intended only to authorize the termination of those benefits which the governing body of a county or district elected to increase over the basic benefits or to make applicable in addition to the basic benefits pursuant to the provisions of this chapter. Nothing herein shall be construed as authorizing the governing body of a county or district to terminate the basic benefits required under the provisions of this chapter. The governing board of a county or district prior to adopting an ordinance or resolution allowing the termination of the applicability of any increased benefit provisions shall provide oral or written explanation of the effect and impact of such termination for each member requesting termination of the applicability of any such provisions. The governing board shall require members requesting termination of the applicability of any provisions to sign an affidavit stating that such member has been fully informed regarding the effect of such termination, and understands that such termination of a provision or provisions is irrevocable. Such affidavit shall also state that the employee has chosen termination of the provision or provisions of the employee’s own free will and was not coerced into termination of any provision by the employer or any other person. The governing body shall, in the ordinance or resolution granting current employees the option of electing to have the applicability of such provision or provisions terminated, specify the provision or provisions which shall be applicable to current employees making the election. Employees who elect to have such provision or provisions terminated, shall have their retirement allowance for service rendered after the effective date of election calculated on the basis of the provision made applicable by the governing body. Except as otherwise provided herein, the retirement allowance for service rendered prior to the effective date of the election shall be calculated on the basis of the provision or provisions applicable during that period of service. Any employee who has made such an election shall not be eligible for retirement unless the employee meets the minimum requirements of the provision or provisions applicable at the date of retirement. Any employee who has made an election whereby the definition of “final compensation” in Section 31462.1 no longer applies, shall have the definition of “final compensation” in Section 31462 applied at the date of retirement regardless of previous service under the provisions of Section 31462.1. Any employee who has made an election whereby a cost-of-living adjustment provision of Article 16.5 (commencing with Section 31870) no longer applies shall have the cost-of-living adjustment provision, if any, specified by the governing body applied to all previous service at the date of retirement regardless of previous service under such other provision of Article 16.5. Any employee who has made an election whereby a death benefit provision of Article 12 (commencing with Section 31780) no longer applies, shall have the death benefit provisions specified by the governing body applied at the date of retirement regardless of previous service under other provisions of Article 12. A current employee who has elected to have the applicability of such provision or provisions terminated may not rescind such an election unless the governing body of the county or district again makes the particular provision or provisions applicable to the county or district through the adoption of a subsequent ordinance or resolution. Any such election made by a current employee shall be binding upon the employee’s spouse and all others claiming benefits under such employee’s entitlement. This section shall not be applicable to safety members. This section shall only be applicable to a county of the third class as described by Section 28024. (Added by Stats. 1979, Ch. 980.)
  45. 31484.5.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    A county or district may end certain increased retirement benefits for current employees who file written notice, but not the basic benefits required by the chapter.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31484.5. Notwithstanding any other provision of law, whenever the governing body of a county or district has made a particular provision or provisions of this chapter providing for increased benefits applicable to such county or district through the adoption of an ordinance or resolution, such governing body may, at any time thereafter, adopt another ordinance or resolution terminating the applicability of such provision or provisions as to current employees of the county or district who elect by written notice filed with the board to have the applicability of such provision or provisions terminated as to them. This section is intended only to authorize the termination of those benefits which the governing body of a county or district elected to increase over the basic benefits or to make applicable in addition to the basic benefits pursuant to the provisions of this chapter. Nothing herein shall be construed as authorizing the governing body of a county or district to terminate the basic benefits required under the provisions of this chapter. The governing board of a county or district, prior to adopting an ordinance or resolution allowing the termination of the applicability of any increased benefit provisions, shall provide written explanation of the effect and impact of such termination for each member requesting termination of the applicability of any such provisions. The governing board shall require members requesting termination of the applicability of any provisions to sign an affidavit stating that such member has been fully informed regarding the effect of such termination, and understands that such termination of a provision or provisions is irrevocable. Such affidavit shall also state that the employee has chosen termination of the provision or provisions of the employee’s own free will and was not coerced into termination of any provision by the employer or any other person. The governing body shall, in the ordinance or resolution granting current employees the option of electing to have the applicability of such provision or provisions terminated, specify the provision or provisions which shall be applicable to current employees making the election. Employees who elect to have such provision or provisions terminated, shall have their retirement allowance for service rendered after the effective date of election calculated on the basis of the provision made applicable by the governing body. Except as otherwise provided herein, the retirement allowance for service rendered prior to the effective date of the election shall be calculated on the basis of the provision or provisions applicable during that period of service. Any employee who has made such an election shall not be eligible for retirement unless the employee meets the minimum requirements of the provision or provisions applicable at the date of retirement. Any employee who has made an election whereby the definition of “final compensation” in Section 31462.1 no longer applies, shall have the definition of “final compensation” in Section 31462 applied at the date of retirement regardless of previous service under the provisions of Section 31462.1. Any employee who has made an election whereby a cost-of-living adjustment provision of Article 16.5 (commencing with Section 31870) no longer applies shall have the cost-of-living adjustment provision, if any, specified by the governing body applied to all previous service at the date of retirement regardless of previous service under such other provision of Article 16.5. Any employee making such election shall be refunded all moneys contributed by that employee for those benefits, and such employee shall be deemed to thereby have waived and relinquished any right to such automatic cost-of-living benefits. A current employee who has elected to have the applicability of such provision or provisions terminated may not rescind such an election unless the governing body of the county or district again makes the particular provision or provisions applicable to the county or district through the adoption of a subsequent ordinance or resolution. Any such election made by a current employee shall be binding upon the employee’s spouse and all others claiming benefits under such employee’s entitlement. This section shall only be applicable to a county of the 10th class as described by Section 28031. (Added by Stats. 1980, Ch. 442.)
  46. 31484.6.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    A county or district governing body may end certain increased retirement benefits for current employees by ordinance or resolution, if the employee opts in by written notice; several disclosures, affidavits, and specifications are required.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31484.6. Notwithstanding any other provision of law, whenever the governing body of a county or district has made a particular provision or provisions of this chapter providing for increased benefits applicable to that county or district through the adoption of an ordinance or resolution, the governing body may at any time thereafter adopt another ordinance or resolution terminating the applicability of that provision or provisions as to current employees of the county or district who elect by written notice filed with the board to have the applicability of the provision or provisions terminated as to them. This section is intended only to authorize the termination of those benefits which the governing body of a county or district elected to increase over the basic benefits or to make applicable in addition to the basic benefits pursuant to the provisions of this chapter. Nothing herein shall be construed as authorizing the governing body of a county or district to terminate the basic benefits required under the provisions of this chapter. The governing board of a county or district prior to adopting an ordinance or resolution allowing the termination of the applicability of any increased benefit provisions shall provide an oral or written explanation of the effect and impact of the termination for each member requesting termination of the applicability of any such provisions. The governing board shall require members requesting termination of the applicability of any provisions to sign an affidavit stating that the member has been fully informed regarding the effect of the termination, and understands that the termination of a provision or provisions is irrevocable. The affidavit shall also state that the employee has chosen termination of the provision or provisions of the employee’s own free will and was not coerced into termination of any provision by the employer or any other person. The governing body shall, in the ordinance or resolution granting current employees the option of electing to have the applicability of such provision or provisions terminated, specify the provision or provisions which shall be applicable to current employees making the election. Employees who elect to have the provision or provisions terminated, shall have their retirement allowance for service rendered after the effective date of election calculated on the basis of the provision made applicable by the governing body. Except as otherwise provided herein, the retirement allowance for service rendered prior to the effective date of the election shall be calculated on the basis of the provision or provisions applicable during that period of service. Any employee who has made such an election shall not be eligible for retirement unless the employee meets the minimum requirements of the provision or provisions applicable at the date of retirement. Any employee who has made an election whereby the definition of “final compensation” in Section 31462.1 no longer applies, shall have the definition of “final compensation” in Section 31462 applied at the date of retirement regardless of previous service under the provisions of Section 31462.1. Any employee who has made an election whereby a cost-of-living adjustment provision of Article 16.5 (commencing with Section 31870) no longer applies shall have the cost-of-living adjustment provision, if any, specified by the governing body applied to all previous service at the date of retirement regardless of previous service under such other provision of Article 16.5. Any employee who has made an election whereby a death benefit provision of Article 12 (commencing with Section 31780) no longer applies shall have the death benefit provisions specified by the governing body applied at the date of retirement regardless of previous service under other provisions of Article 12. A current employee who has elected to have the applicability of the provision or provisions terminated may not rescind such an election unless the governing body of the county or district again makes the particular provision or provisions applicable to the county or district through the adoption of a subsequent ordinance or resolution. Any such election made by a current employee shall be binding upon the employee’s spouse and all others claiming benefits under such employee’s entitlement. This section shall not be applicable to safety members. This section shall only be applicable to a county of the eighteenth class as described by Section 28039. (Added by Stats. 1981, Ch. 379, Sec. 1.)
  47. 31484.7.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    A county or district may let current employees opt out of increased retirement benefits, but not basic benefits, and the board must give a written explanation and require an affidavit.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31484.7. Notwithstanding any other provision of law, whenever the governing body of a county or district has made a particular provision or provisions of this chapter providing for increased benefits applicable to such county or district through the adoption of an ordinance or resolution, such governing body may, at any time thereafter, adopt another ordinance or resolution terminating the applicability of such provision or provisions as to current employees of the county or district who elect by written notice filed with the board to have the applicability of such provision or provisions terminated as to them. This section is intended only to authorize the termination of those benefits which the governing body of a county or district elected to increase over the basic benefits or to make applicable in addition to the basic benefits pursuant to the provisions of this chapter. Nothing herein shall be construed as authorizing the governing body of a county or district to terminate the basic benefits required under the provisions of this chapter. The governing board of a county or district, prior to adopting an ordinance or resolution allowing the termination of the applicability of any increased benefit provisions, shall provide written explanation of the effect and impact of such termination for each member requesting termination of the applicability of any such provisions. The governing board shall require members requesting termination of the applicability of any provisions to sign an affidavit stating that such member has been fully informed regarding the effect of such termination, and understands that such termination of a provision or provisions is irrevocable. Such affidavit shall also state that the employee has chosen termination of the provision or provisions of the employee’s own free will and was not coerced into termination of any provision by the employer or any other person. The governing body shall, in the ordinance or resolution granting current employees the option of electing to have the applicability of such provision or provisions terminated, specify the provision or provisions which shall be applicable to current employees making the election. Employees who elect to have such provision or provisions terminated, shall have their retirement allowance for service rendered after the effective date of election calculated on the basis of the provision made applicable by the governing body. Except as otherwise provided herein, the retirement allowance for service rendered prior to the effective date of the election shall be calculated on the basis of the provision or provisions applicable during that period of service. Any employee who has made such an election shall not be eligible for retirement unless the employee meets the minimum requirements of the provision or provisions applicable at the date of retirement. Any employee who has made an election whereby the definition of “final compensation” in Section 31462.1 no longer applies, shall have the definition of “final compensation” in Section 31462 applied at the date of retirement regardless of previous service under the provisions of Section 31462.1. Any employee who has made an election whereby a cost-of-living adjustment provision of Article 16.5 (commencing with Section 31870) no longer applies shall have the cost-of-living adjustment provision, if any, specified by the governing body applied to all previous service at the date of retirement regardless of previous service under such other provision of Article 16.5 (commencing with Section 31870). Any employee making such election shall be refunded all moneys contributed by that employee for those benefits, and such employee shall be deemed to thereby have waived and relinquished any right to such automatic cost-of-living benefits. A current employee who has elected to have the applicability of such provision or provisions terminated may not rescind such an election unless the governing body of the county or district again makes the particular provision or provisions applicable to the county or district through the adoption of a subsequent ordinance or resolution. Any such election made by a current employee shall be binding upon the employee’s spouse and all others claiming benefits under such employee’s entitlement. This section shall only be applicable to a county of the 25th class as described by Section 28046. (Added by Stats. 1983, Ch. 558, Sec. 3. Effective July 28, 1983.)
  48. 31484.8.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    A county or district governing body may end only the increased benefit provisions it previously adopted, but not the basic benefits, and must give employees an explanation and affidavit process before a termination election takes effect.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31484.8. Notwithstanding any other provision of law, whenever the governing body of a county or district has made a particular provision or provisions of this chapter providing for increased benefits applicable to that county or district through the adoption of an ordinance or resolution, the governing body may at any time thereafter adopt another ordinance or resolution terminating the applicability of that provision or provisions as to current employees of the county or district who elect by written notice filed with the board to have the applicability of the provision or provisions terminated as to them. This section is intended only to authorize the termination of those benefits which the governing body of a county or district elected to increase over the basic benefits or to make applicable in addition to the basic benefits pursuant to the provisions of this chapter. Nothing herein shall be construed as authorizing the governing body of a county or district to terminate the basic benefits required under the provisions of this chapter. The governing board of a county or district prior to adopting an ordinance or resolution allowing the termination of the applicability of any increased benefit provisions shall provide an oral or written explanation of the effect and impact of the termination for each member requesting termination of the applicability of any such provisions. The governing board shall require members requesting termination of the applicability of any provisions to sign an affidavit stating that the member has been fully informed regarding the effect of the termination, and understands that the termination of a provision or provisions is irrevocable. The affidavit shall also state that the employee has chosen termination of the provision or provisions of the employee’s own free will and was not coerced into termination of any provision by the employer or any other person. The governing body shall, in the ordinance or resolution granting current employees the option of electing to have the applicability of such provision or provisions terminated, specify the provision or provisions which shall be applicable to current employees making the election. Employees who elect to have the provision or provisions terminated, shall have their retirement allowance for service rendered after the effective date of election calculated on the basis of the provision made applicable by the governing body. The retirement allowance for service rendered prior to the effective date of the election shall be calculated on the basis of the provision or provisions applicable during that period of service. Any employee who has made such an election shall not be eligible for retirement unless the employee meets the minimum requirements of the provision or provisions applicable at the date of retirement. A current employee who has elected to have the applicability of the provision or provisions terminated may not rescind such an election unless the governing body of the county or district again makes the particular provision or provisions applicable to the county or district through the adoption of a subsequent ordinance or resolution. Any such election made by a current employee shall be binding upon the employee’s spouse and all others claiming benefits under such employee’s entitlement. An employee may make the election described herein at any time. The effective date of the election shall be the first day of the biweekly payroll period following execution and filing of the employee’s affidavit. An employee suffering a break in service shall, if he or she returns to covered employment within three years of the date of separation, return at the higher level if and only if his or her prior coverage was at that level. The provision in this paragraph applies only to separations occurring between June 30, 1983, through and including June 30, 1988, and further applies only to employees who were active members on June 30, 1983, and to employees laid off prior to that date who were on a civil service reemployment list on June 30, 1983. This provision does not apply to employees leaving the retirement system because of a change of status from full time to part time, regular appointment to project appointment and back to regular appointment, or regular appointment to intermittent appointment and back to regular appointment. After June 30, 1988, an employee who is laid off and rehired within one year from the date of separation shall return at the higher level if and only if his or her prior coverage was at that level. A former employee who has elected deferred retirement from the higher benefit level and who returns to covered employment shall return to the higher benefit level. The benefit levels described in this section are those in existence on July 1, 1983. This section shall only be applicable to a county of the fourth class as described by Sections 28020 and 28025. (Added by Stats. 1984, Ch. 328, Sec. 1.)
  49. 31484.9.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    This section lets Contra Costa County’s board of supervisors make the section apply by resolution and sets rules for benefit elections and terminations.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31484.9. (a) This section shall apply to the retirement system of Contra Costa County and only if the board of supervisors of that county adopts, by majority vote, a resolution making this section applicable in the county. Notwithstanding any other law, the board of supervisors may make this section applicable in the county on a date specified in the resolution, which date may be different than the date of the resolution. (b) (1) When the board of supervisors meets and confers pursuant to the Meyers-Milias-Brown Act (Chapter 10 (commencing with Section 3500) of Division 4 of Title 1) with the Contra Costa County Deputy Sheriffs’ Association, the parties may agree, pursuant to a memorandum of understanding as described in Section 3505.1, that the provisions of this section shall apply to safety employees represented by the Contra Costa County Deputy Sheriffs’ Association. (2) The terms of any agreement reached with the Contra Costa County Deputy Sheriffs’ Association pursuant to this subdivision shall be made applicable by the board of supervisors to unrepresented county employees who are safety members in the Contra Costa County Sheriff’s Office and in similar job classifications as employees within applicable bargaining units and the supervisors and managers of those employees. (3) An ordinance or resolution adopted pursuant to this section may establish different retirement benefits for different bargaining units of safety employees represented by the Contra Costa County Deputy Sheriffs’ Association and the unrepresented groups of safety employees in similar job classifications and the supervisors and managers of those employees. The ordinance or resolution may also establish the time period during which employees may make an election under this section and the date on which an employee shall be employed to be subject to this section. (c) (1) Notwithstanding any other law, if the board of supervisors makes a particular provision or provisions of this chapter providing for increased benefits applicable to safety employees of the county represented by the Contra Costa County Deputy Sheriffs’ Association through the adoption of an ordinance or resolution, the board of supervisors may at any time thereafter adopt another ordinance or resolution terminating the applicability of that provision or provisions as to current employees of the county who elect by written notice filed with the board to have the applicability of the provision or provisions terminated as to those employees. This section is intended only to authorize the termination of those benefits that the board of supervisors elected to increase over the basic benefits or to make applicable in addition to the basic benefits pursuant to the provisions of this chapter. The termination of benefits shall be consistent with the memorandum of understanding described in subdivision (b). Nothing in this section shall be construed as authorizing the board of supervisors to terminate the basic benefits required under the provisions of this chapter. (2) The board of supervisors, prior to adopting an ordinance or resolution allowing the termination of the applicability of any increased benefit provisions shall provide a written explanation of the effect and impact of the termination for each member requesting termination of the applicability of any provisions. (3) The board of supervisors shall require members requesting termination of the applicability of any provisions to sign an affidavit stating that the member has been fully informed regarding the effect of the termination, and understands that the termination of a provision or provisions is irrevocable. The affidavit shall also state that the employee has chosen termination of the provision or provisions of the employee’s own free will and was not coerced into termination of any provision by the employer or any other person and shall waive and release any right to a benefit under the terminated provision or provisions for the period of service following the election. (4) The board of supervisors shall, in the ordinance or resolution granting current employees the option of electing to have the applicability of the provision or provisions terminated, and consistent with the memorandum of understanding described in subdivision (b), specify the provision or provisions that shall be applicable to current employees making the election. More than one optional set of provisions may be made available for election, including, but not limited to, the “3 Percent at 55” retirement formula, a cost-of-living adjustment, and the definition of final compensation pursuant to Section 31462 or 31462.1. (5) Employees who elect to have the provision or provisions terminated, shall have their retirement allowance for service rendered after the effective date of election calculated on the basis of the provision made applicable by the board of supervisors. Except as otherwise provided in this section, the retirement allowance for service rendered prior to the effective date of the election shall be calculated on the basis of the provision or provisions applicable during that period of service and the retirement allowance for service rendered on or after the effective date of the election shall be calculated on the basis of the provision or provisions applicable during that period of service. The total retirement allowance for an employee subject to this section shall be the sum of the retirement allowance calculated for service rendered prior to the effective date of the election and the retirement allowance calculated for service rendered on or after the effective date of the election. Any employee who has made an election shall not be eligible for retirement unless the employee meets the minimum requirements of the provision or provisions applicable at the date of retirement. (6) Any employee who has made an election that the definition of “final compensation” in Section 31462.1 no longer applies, shall have the definition of “final compensation” in Section 31462.1 applied to all service rendered prior to the effective date of the election and the definition of “final compensation” in Section 31462 applied to all service rendered on or after the effective date of the election. For purposes of applying Section 31835 to a retirement system other than the retirement system in Contra Costa County, the highest average compensation described in this paragraph shall apply. (7) Any employee who has made an election that a cost-of-living adjustment provision of Article 16.5 (commencing with Section 31870) no longer applies shall have the cost-of-living adjustment provision, if any, for service rendered prior to the effective date of the election calculated on the basis of the cost-of-living adjustment provision applicable during that period of service. Any cost-of-living adjustment provision specified by the board of supervisors for service rendered after the effective date of the election shall apply solely to that service. A termination of benefits shall be consistent with the memorandum of understanding described in subdivision (b). (8) A current employee who has elected to have the applicability of the provision or provisions terminated may not rescind that election, unless the board of supervisors again makes the particular provision or provisions applicable to the employees who are represented by the Contra Costa County Deputy Sheriffs’ Association, through the adoption of a subsequent ordinance or resolution pursuant to a memorandum of understanding as described in Section 3505.1. (9) An election made by a current employee shall be binding upon the employee’s spouse and all others claiming benefits under that employee’s entitlement. (Amended by Stats. 2011, Ch. 68, Sec. 1. (SB 373) Effective January 1, 2012.)
  50. 31485.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    A county or district governing body may end certain increased retirement benefits for current employees who opt out in writing, but it must explain the impact and collect an affidavit before doing so.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31485. Notwithstanding any other provision of law, whenever the governing body of a county or district following meet and confer has made a particular provision or provisions of this chapter providing for increased benefits applicable to such county or district through the adoption of an ordinance or resolution, such governing body may at any time thereafter adopt another ordinance or resolution terminating the applicability of such provision or provisions as to current employees of the county or district who elect by written notice filed with the board to have the applicability of such provision or provisions terminated as to them. This section is intended only to authorize the termination of those benefits which the governing body of a county or district elected to increase over the basic benefits or to make applicable in addition to the basic benefits pursuant to the provisions of this chapter. Nothing herein shall be construed as authorizing the governing body of a county or district to terminate the basic benefits required under the provisions of this chapter. The governing board of a county or district prior to adopting an ordinance or resolution allowing the termination of the applicability of any increased benefit provisions shall provide oral and written explanation of the effect and impact of such termination for each member requesting termination of the applicability of any such provisions. The governing board shall require members requesting termination of the applicability of any provisions to sign an affidavit stating that such member has been fully informed regarding the effect of such termination and understands that such termination of a provision or provisions is irrevocable. Such affidavit shall also state that the employee has chosen termination of the provision or provisions of the employee’s own free will and was not coerced into termination of any provision by the employer or any other person. The governing body shall, in the ordinance or resolution granting current employees the option of electing to have the applicability of such provision or provisions terminated, specify the provision or provisions which shall be applicable to current employees making the election. Employees who elect to have such provision or provisions terminated, shall have their retirement allowance for service rendered after the effective date of election calculated on the basis of the provision made applicable by the governing body. Except as otherwise provided herein, the retirement allowance for service rendered prior to the effective date of the election shall be calculated on the basis of the provision or provisions applicable during that period of service. Any employee who has made such an election shall not be eligible for retirement unless the employee meets the minimum requirements of the provision or provisions applicable at the date of retirement. Any employee who has made an election whereby the definition of “final compensation” in Section 31462.1 no longer applies, shall have the definition of “final compensation” in Section 31462 applied at the date of retirement regardless of previous service under the provisions of Section 31462.1. Any employee who has made an election whereby a cost-of-living adjustment provision of Article 16.5 (commencing with Section 31870) no longer applies shall have the cost-of-living adjustment provision, if any, specified by the governing body applied to all previous service at the date of retirement regardless of previous service under such other provision of Article 16.5. Any employee making such election shall be refunded all moneys contributed by that employee for those benefits, and such employee waives and relinquishes all rights to such automatic cost-of-living benefits. A current employee who has elected to have the applicability of such provision or provisions terminated may not rescind such an election unless the governing body of the county or district again makes the particular provision or provisions applicable to the county or district through the adoption of a subsequent ordinance or resolution. Any such election made by a current employee shall be binding upon the employee’s spouse and all others claiming benefits under such employee’s entitlement. This section shall not be applicable to safety members. This section shall only be applicable to a county of the thirteenth class as described by Section 28034. (Added by Stats. 1980, Ch. 38.)
  51. 31485.10.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    The county board of supervisors in a 10th-class county may adopt resolutions or similar instruments to offer retirement benefits to some members, and may require certain members to pay all or part of contribution amounts.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31485.10. (a) Notwithstanding any other provision of law, in a county of the 10th class, as defined in Sections 28020 and 28031, the board of supervisors may, by resolution, ordinance, contract, or contract amendment under this chapter, provide any retirement benefits for some, but not all, general members or safety members of a county. (b) The resolution, ordinance, contract, or contract amendment described in subdivision (a) may provide a different formula for calculation of retirement benefits, by making any section of this chapter applicable to any subgroup of members within a membership classification, including, but not limited to, bargaining units, or unrepresented groups, applicable to service credit earned on and after the date specified in the resolution, which date may be earlier than the date the resolution is adopted. (c) A resolution adopted pursuant to this section may require members to pay all or part of the contributions by a member or employer, or both, that would have been required if the section or sections specified in subdivision (b), as adopted by the board or governing body, had been in effect during the period of time designated in the resolution. The payment by a member shall become part of the accumulated contributions of the member. For those members who are represented by a bargaining unit, the payment requirement shall be approved in a memorandum of understanding executed by the board of supervisors and the employee representatives. (d) A resolution adopted pursuant to this section may require safety members hired on and after the effective date of the act adding this subdivision to pay all or part of the contributions by a member or employer, or both. The payment by a safety member shall become part of the accumulated contributions of the safety member. For those safety members who are represented by a bargaining unit, the payment requirement and any changes to the payment requirement shall not be effective until approved in a memorandum of understanding executed by the board of supervisors and the employee representatives. (e) This section shall only apply to members who retire on or after the effective date of the resolution described in subdivision (a) or (b). (f) This section shall not become operative unless and until the county board of supervisors, by resolution adopted by a majority vote, makes this section operative in the county. (Amended by Stats. 2011, Ch. 390, Sec. 1. (AB 89) Effective October 2, 2011. Section conditionally operative by its own provisions.)
  52. 31485.13.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    A forfeiture of benefits under this chapter may not be used to increase a member’s other benefits.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31485.13. In accordance with Section 401(a)(8) of Title 26 of the United States Code, a forfeiture of benefits under this chapter shall not be applied to increase benefits that a member would otherwise receive under this chapter. (Added by Stats. 2008, Ch. 212, Sec. 1. Effective January 1, 2009.)
  53. 31485.14.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    Benefit distributions under this chapter must comply with Section 401(a)(9) of the U.S. Internal Revenue Code for public employee plans.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31485.14. All distributions of benefits provided under this chapter shall comply with the requirements of Section 401(a)(9) of Title 26 of the United States Code that are applicable to public employee plans, including, but not limited to, requirements relating to the following: (a) The time that benefit payments begin, including benefit payments paid after the death of a member. (b) The form of distribution of benefits. (c) Incidental death benefits. (Amended by Stats. 2009, Ch. 140, Sec. 87. (AB 1164) Effective January 1, 2010.)
  54. 31485.15.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    A person entitled to an eligible rollover distribution may choose to have all or part of it paid directly to an eligible specified plan, if the board’s terms and conditions are met.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31485.15. In accordance with Section 401(a)(31) of Title 26 of the United States Code, a person who is entitled to a distribution under this chapter that is an eligible rollover distribution may elect to have all or a part of that distribution paid directly to an eligible, specified plan, subject to terms and conditions established by the board. If a person elects to have the eligible rollover distribution paid to an eligible, specified plan, the payment, when it is distributable, shall be made in the form of a direct trustee-to-trustee transfer to the eligible retirement plan. (Added by Stats. 2008, Ch. 212, Sec. 3. Effective January 1, 2009.)
  55. 31485.16.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    In certain counties, the board of supervisors may require eligible safety employees to choose in writing between two pension calculations within 45 days of starting work.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31485.16. (a) Notwithstanding any other provision of this chapter, in a county of the fourth class, as defined in Sections 28020 and 28025, as amended by Chapter 1204 of the Statutes of 1971, the board of supervisors may, by resolution adopted by majority vote, as part of any negotiated memorandum of understanding with a bargaining unit that represents safety employees, require a safety employee of that bargaining unit or unrepresented safety employee hired after approval of the resolution, to elect in writing, either the pension calculation stated in Section 31664 or the pension calculation stated in Section 31664.2. The election shall be made within 45 calendar days of beginning employment with the county. If a new safety employee does not elect the pension calculation stated in Section 31664.2 within 45 days of beginning employment, the new safety employee shall be deemed to have elected the pension calculation stated in Section 31664. Once made, a safety employee under this section shall not be permitted to rescind his or her election. (b) The resolution described in subdivision (a) may provide a different formula or calculation of retirement benefits for new members of other safety bargaining units or other unrepresented safety employees hired after approval of the resolution, by making any section of this chapter applicable to those different safety bargaining units or unrepresented employees, within the safety member classification, pursuant to a negotiated memorandum of understanding as described in Section 3505.1. (c) The resolution described in subdivision (a) may provide a different formula or calculation of safety retirement benefits for new safety members in one bargaining unit than that which is provided for new safety members of other bargaining units or new unrepresented safety members. (d) A resolution adopted pursuant to this section or previously adopted resolutions of the board may require members to pay all or part of the contributions by a member or employer, or both, that would have been required if the section or sections specified within this chapter were or have been adopted by resolution. The payment by a member shall become part of the accumulated contributions of the member. For those members who are represented by a bargaining unit, the payment requirement shall be approved in a memorandum of understanding executed by the board of supervisors and the employee representatives. (e) The board of supervisors, in a resolution described in subdivision (a), shall not require that a bargaining unit be divided solely for the purpose of providing different retirement benefits. However, if the members of a bargaining unit within the same or similar membership classification so elect, retirement benefits may be separately negotiated with that bargaining unit. (f) Notwithstanding any other provision of law, the effective date of a resolution described in subdivision (a) may be different than the date of the resolution. (Added by Stats. 2010, Ch. 81, Sec. 1. (AB 1667) Effective July 15, 2010.)
  56. 31485.17.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. )

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    If a member dies while performing qualified military service, the member’s survivors are entitled to the additional benefits the retirement system would have provided, but not to benefit accruals for the military-service period.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31485.17. (a) In accordance with Section 401(a)(37) of Title 26 of the United States Code, if a member dies while performing qualified military service, as defined in Section 414(u) of Title 26 of the United States Code, the survivors of the member shall be entitled to any additional benefits that would have been provided under the retirement system had the member resumed his or her prior employment with an employer that participates in the system and then terminated employment on account of death. (b) For purposes of this section, “additional benefits” shall not include benefit accruals relating to the period of qualified military service. (c) The death of a member or former member while performing qualified military service shall not be treated as a service-connected death or disability. (d) Service for vesting purposes shall be credited to a member who dies while performing qualified military service for the period of his or her qualified military service. (e) This section shall apply to deaths occurring on or after January 1, 2007. (Added by Stats. 2010, Ch. 188, Sec. 1. (AB 1354) Effective January 1, 2011.)
  57. 31485.18.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    In certain eighth-class counties, the board of supervisors may adopt a resolution to require specified newly hired safety employees to use a particular pension calculation and benefit formula.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31485.18. (a) Notwithstanding any other provision of this chapter, in a county of the eighth class, as defined in Sections 28020 and 28029, as amended by Chapter 1204 of the Statutes of 1971, the board of supervisors may, by resolution adopted by majority vote, if authorized by a mutually agreed upon and negotiated memorandum of understanding with a bargaining unit that represents safety employees, require a safety employee of that bargaining unit first hired after approval of the resolution, and may also require an unrepresented safety employee first hired after approval of the resolution, to receive a pension calculation provided in Section 31664.2, with a highest compensation period determined pursuant to Section 31462, and with a cost-of-living adjustment provided in Section 31870. (b) The resolution described in subdivision (a) may provide a different formula or calculation of retirement benefits for new safety members in one bargaining unit or new unrepresented safety members than that provided for new safety members of other bargaining units or new unrepresented safety members. (Added by Stats. 2011, Ch. 26, Sec. 1. (AB 329) Effective June 13, 2011.)
  58. 31485.19.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    Each member’s accrued retirement benefits are nonforfeitable, subject to federal requirements and funding limits, when the system ends or contributions stop.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31485.19. Notwithstanding any other provision of this chapter, the rights of each member to his or her accrued retirement benefits under the retirement system shall be nonforfeitable, in accordance with the requirements of Sections 401(a) of Title 26 of the United States Code that are applicable to public employee plans, to the extent then funded, on the date of the termination of the system, the partial termination of the system, or the complete discontinuance of contributions under the system, as provided in Title 26 of the United States Code. (Added by Stats. 2014, Ch. 740, Sec. 1. (AB 2473) Effective January 1, 2015.)
  59. 31485.20.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    Retirement systems may not distribute amounts before the distribution is allowed under the applicable Section 401(a) requirements.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31485.20. Notwithstanding any other provision of this chapter, no amount shall be distributed from a retirement system established under this chapter prior to the time that the distribution may be made in compliance with the requirements of Section 401(a) of Title 26 of the United States Code that are applicable to public employee plans, including, but not limited to, requirements relating to the distribution of amounts prior to the earlier of a member’s death, disability, separation from service with all employers that maintain the retirement system, or attainment of normal retirement age, as defined by the retirement system. (Added by Stats. 2014, Ch. 740, Sec. 2. (AB 2473) Effective January 1, 2015.)
  60. 31485.21.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    A member who has not reached normal retirement age must have a bona fide separation from service before working for the county or a district, and the board may set the criteria and normal retirement age by regulation.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31485.21. (a) A member who has not attained normal retirement age shall have a bona fide separation from service to the extent required by Section 401(a) of Title 26 of the United States Code before working for the county or a district. The board shall establish, by regulation, the criteria under which a bona fide separation is satisfied. (b) Notwithstanding any other provision of this chapter, to the extent required or permitted by Section 401(a) of Title 26 of the United States Code, no amount shall be paid to any member before the date the member has attained normal retirement age or has had a bona fide separation from service, whichever is earlier. (c) The board may establish, by regulation, normal retirement age consistent with federal law and eligibility requirements under state law. (d) To the extent that the California Public Employees’ Pension Reform Act of 2013 (Article 4 (commencing with Section 7522) of Chapter 21 of Division 7 of Title 1) would provide for greater restrictions with regard to separation from service, the provisions of that act shall prevail. (Added by Stats. 2014, Ch. 740, Sec. 3. (AB 2473) Effective January 1, 2015.)
  61. 31485.22.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    A member who meets the stated retirement-age and benefit-commencement requirements becomes fully vested, and may be retired after filing a written application with the board.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31485.22. (a) A member who, while currently employed, has reached normal retirement age, as defined by the retirement system, and has met the benefit commencement requirements in Article 8 or Article 9, shall be fully vested in the benefits payable under the retirement system. Upon satisfying the requirements of this section, a member may be retired upon filing with the board a written application in the manner provided in Articles 8 and 9 of this chapter, as applicable. (b) Notwithstanding subdivision (a), Articles 8 and 9 of this chapter, or any other applicable law, a member’s earned and accrued benefits may be forfeited under Section 7522.70, 7522.72, or 7522.74. (Added by Stats. 2014, Ch. 740, Sec. 4. (AB 2473) Effective January 1, 2015.)
  62. 31485.5.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    The Legislature says counties considering defined contribution plans should also consider having those plans administered by their county retirement systems.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31485.5. It is the intent of the Legislature that counties that are considering the adoption of defined contribution plans, also consider having those plans administered by their county retirement systems. (Added by Stats. 1991, Ch. 1108, Sec. 3.5. Effective October 14, 1991.)
  63. 31485.6.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    In specified sections, “Treasurer” means the county treasurer or another entity the board authorizes.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31485.6. “Treasurer” as used in Sections 31595.9, 31625, 31625.1, 31629, and 31706 means the county treasurer or any other entity authorized by the board. (Added by Stats. 1995, Ch. 584, Sec. 4. Effective January 1, 1996.)
  64. 31485.7.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    A member who buys certain retirement service credit must finish the purchase within 120 days after retirement becomes effective.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31485.7. (a) Notwithstanding any other provision of this chapter, a member who elects to purchase retirement service credit under Section 31486.3, 31486.35, 31499.3, 31499.13, 31641.1, 31641.5, 31641.55, 31646, 31652, or 31658, or under the regulations adopted by the board pursuant to Section 31643 or 31644 shall complete that purchase within 120 days after the effective date of his or her retirement. (b) This section is not operative in any county until the board of supervisors, by resolution, makes this section applicable in the county. (Amended by Stats. 2007, Ch. 130, Sec. 127. Effective January 1, 2008.)
  65. 31485.8.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    A member who chooses to buy retirement service credit must finish the purchase within 120 days after retirement becomes effective.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31485.8. (a) Notwithstanding any other provision of this chapter, a member who elects to purchase retirement service credit under Section 31490.5, 31490.6, 31494.3, 31494.5, 31641.1, 31641.5, 31646, 31652, or 31658, or under the regulations adopted by the board pursuant to Section 31643 or 31644 shall complete that purchase within 120 days after the effective date of his or her retirement. (b) This section applies only to a county of the first class, as defined by Section 28020, as amended by Chapter 1204 of the Statutes of 1971, and Section 28022, as amended by Chapter 43 of the Statutes of 1961. (Amended by Stats. 2007, Ch. 130, Sec. 128. Effective January 1, 2008.)
  66. 31485.9.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    This section limits how county or district retirement benefit changes can be adopted for general members.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31485.9. (a) Notwithstanding any other provision of law, including, but not limited to, Chapter 10 (commencing with Section 3500) of Division 4 of Title 1, no resolution, ordinance, contract, or contract amendment under this chapter adopted on or after January 1, 2004, may provide any retirement benefits for some, but not all, general members of a county or district. (b) No resolution, ordinance, contract, or contract amendment under this chapter adopted on or after January 1, 2004, may provide different retirement benefits for any subgroup of general members within a membership classification, including, but not limited to, bargaining units or unrepresented groups, unless benefits provided by statute for members hired on or after the date specified in the resolution are adopted by the county or district governing board, by resolution adopted by majority vote, pursuant to a memorandum of understanding made under the Meyers-Milias-Brown Act (Chapter 10 (commencing with Section 3500) of Division 4 of Title 2). All nonrepresented employees within similar job classifications as employees in a bargaining unit subject to a memorandum of understanding, or supervisors and managers thereof, shall be subject to the same formula for the calculation of retirement benefits applicable to the employees in the bargaining unit. No retirement contract amendment may be imposed by the employer in absence of a memorandum of understanding under the Meyers-Milias-Brown Act. (c) This section does not preclude changing membership classification from one membership classification to another membership classification. (d) This section shall not apply to retirement benefits for a member described in paragraph (2) of subdivision (d) of Section 31676.15. (Amended by Stats. 2007, Ch. 86, Sec. 1. Effective July 17, 2007.)
  67. 31486.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.4. Alternative Plan for Counties of the 16th Class [31486 - 31486.12] ( Article 1.4 added by Stats. 1984, Ch. 968, Sec. 1. )

    Verify source ↗

    This section creates “Retirement Plan 2” and makes it available for certain counties only if the board of supervisors signs a memorandum of understanding with employee representatives and adopts a majority resolution.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.4. Alternative Plan for Counties of the 16th Class [31486 - 31486.12] ( Article 1.4 added by Stats. 1984, Ch. 968, Sec. 1. ) ## 31486. (a) The retirement plan created by this article shall be known as Retirement Plan 2. (b) This article shall be applicable in the retirement system of any county of the 16th class as described by Sections 28020 and 28037, if the board of supervisors executes a memorandum of understanding with employee representatives and adopts, by majority vote, a resolution providing that the article shall be applicable. (c) The purpose of this article is to provide an optional, noncontributory retirement plan for general members as an alternative to the provisions and benefits otherwise contained in this chapter. (d) The retirement benefits of (1) all general members employed after the date this article is made operative and who elect the plan created by this article and (2) existing general members who transfer to the plan herein created, shall be governed by this article. (e) In the event of a conflict, this article shall supersede and prevail over other provisions or application of provisions otherwise contained in this chapter. (f) Except as otherwise provided in this subdivision, the provisions contained in this chapter shall apply: (1) Article 9 (commencing with Section 31700) shall not apply. (2) Article 10 (commencing with Section 31720) shall not apply. (3) Article 11 (commencing with Section 31760) shall not apply. (4) Article 12 (commencing with Section 31780) shall not apply. (5) Article 16.5 (commencing with Section 31870) shall not apply. (g) Article 15 (commencing with Section 31830) shall only be applicable for service retirement. Those provisions of Article 15 dealing with disability retirement, death benefits, and the requirement relating to the deposit of accumulated member contributions shall not be applicable. (h) Except as otherwise provided, any member who upon retirement receives a retirement pension calculated in accordance with sections or provisions added to this article subsequent to the effective date of this article shall have his or her pension calculated under each section or provision only for the period of time that those sections or provisions were in effect, unless otherwise mutually agreed between the employer and its employee representatives. (i) Unless specifically otherwise provided therein, no amendment to this article enacted subsequent to the effective date of this article shall apply to any county or to the employees of any county unless and until mutually agreed to by the employer and employee representatives and adopted by majority resolution of the board of supervisors. (Added by Stats. 1984, Ch. 968, Sec. 1. Effective September 10, 1984.)
  68. 31486.1.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.4. Alternative Plan for Counties of the 16th Class [31486 - 31486.12] ( Article 1.4 added by Stats. 1984, Ch. 968, Sec. 1. )

    Verify source ↗

    This section defines terms used in the article, including “board,” “employer,” “member,” “service,” “final compensation,” and “primary insurance amount.”

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.4. Alternative Plan for Counties of the 16th Class [31486 - 31486.12] ( Article 1.4 added by Stats. 1984, Ch. 968, Sec. 1. ) ## 31486.1. Unless the context otherwise requires, the definitions contained in this section govern the construction of this article. (a) “Board” means the board of retirement. (b) “Employer” means the county or district or agency whose employees are members of the retirement system of the county. (c) “Federal system” means the Old Age and Survivors Insurance provisions of the Social Security Act. (d) “Final compensation” means the average annual compensation earnable by a general member during any three years, whether or not consecutive, elected by the member at or before the time an application for retirement is filed or, if no election is made, during the three years in which the member or former member last earned compensation preceding retirement. If a member or former member has less than three years of service, final compensation shall be determined by dividing total compensation by the number of months of service credited to the member or former member and multiplying by 12. In no event shall final compensation include any disability benefits received by the member or former member under a disability plan provided by the employer. (e) “Member” or “general member” means an employee hired on a permanent basis, as defined by the employer, and eligible for membership as defined by the board in accordance with subdivision (h) of Section 31527, except an employee eligible for or employed in a position eligible for safety membership as defined in Sections 31470.2 and 31470.4. (f) “Primary insurance amount” means the monthly retirement benefit payable under the federal system at the age of 65. (g) “Service” means the period of uninterrupted employment of a member. Except as otherwise provided, a member shall not be credited with service for any period of time in which the member is absent from work without pay. (Added by Stats. 1984, Ch. 968, Sec. 1. Effective September 10, 1984.)
  69. 31486.10.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.4. Alternative Plan for Counties of the 16th Class [31486 - 31486.12] ( Article 1.4 added by Stats. 1984, Ch. 968, Sec. 1. )

    Verify source ↗

    A vested member may choose to end accrued benefits, defer them, and join the contributory retirement provisions used for new members when transferring.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.4. Alternative Plan for Counties of the 16th Class [31486 - 31486.12] ( Article 1.4 added by Stats. 1984, Ch. 968, Sec. 1. ) ## 31486.10. A member upon becoming vested under this article may elect to terminate and defer accrued benefits for the purpose of future service retirement benefits only, and enter membership of the contributory retirement provisions in effect for new members at the time of transfer. Notwithstanding any other provisions, the rate of contributions shall be based on age nearest birthday at the time of election to transfer. (Added by Stats. 1984, Ch. 968, Sec. 1. Effective September 10, 1984.)
  70. 31486.11.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.4. Alternative Plan for Counties of the 16th Class [31486 - 31486.12] ( Article 1.4 added by Stats. 1984, Ch. 968, Sec. 1. )

    Verify source ↗

    Until the next regularly scheduled actuarial survey is completed, the board must establish the employer contribution for the plan, and it does so on the actuary’s recommendation.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.4. Alternative Plan for Counties of the 16th Class [31486 - 31486.12] ( Article 1.4 added by Stats. 1984, Ch. 968, Sec. 1. ) ## 31486.11. Until the completion of the next regularly scheduled actuarial survey of the retirement system, the employer contribution required to finance the plan created by this article shall be established by the board, upon the recommendation of the actuary. (Added by Stats. 1984, Ch. 968, Sec. 1. Effective September 10, 1984.)
  71. 31486.12.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.4. Alternative Plan for Counties of the 16th Class [31486 - 31486.12] ( Article 1.4 added by Stats. 1984, Ch. 968, Sec. 1. )

    Verify source ↗

    If part of this article is invalid, the rest still applies if it can work without the invalid part.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.4. Alternative Plan for Counties of the 16th Class [31486 - 31486.12] ( Article 1.4 added by Stats. 1984, Ch. 968, Sec. 1. ) ## 31486.12. If any provision of this article, or the application thereof, to any person or circumstances, is held invalid, the invalidity shall not affect other provisions or application of the article which can be given effect without the invalid provisions or application and, to this end the provisions of this article are severable. (Added by Stats. 1984, Ch. 968, Sec. 1. Effective September 10, 1984.)
  72. 31486.2.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.4. Alternative Plan for Counties of the 16th Class [31486 - 31486.12] ( Article 1.4 added by Stats. 1984, Ch. 968, Sec. 1. )

    Verify source ↗

    This section limits general member contributions, requires refunded contributions with interest after a transfer, allows certain long-service members to leave contributions on deposit, and bars credit for prior public service except in stated exceptions.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.4. Alternative Plan for Counties of the 16th Class [31486 - 31486.12] ( Article 1.4 added by Stats. 1984, Ch. 968, Sec. 1. ) ## 31486.2. (a) (1) Except as otherwise provided in Section 31486.3 or 31486.35, there shall be no general members’ contributions under the plan created by this article. (2) A member who transfers to the retirement plan created by this article shall have refunded, within a reasonable period of time, not to exceed nine months from the date of receipt of election to transfer by the board, the member’s accumulated contributions, together with interest thereon, which are credited to the member’s account. Interest shall be credited to the June 30 or December 31 date, whichever is later, immediately preceding the date of the refund warrant. A refund under this section shall be payable to the member. (3) A member who has five or more years of county service as defined in subdivision (g) of Section 31486.1 may elect to leave his or her contributions on deposit for service retirement benefits only. (b) (1) Except as provided in Sections 31486.3 and 31486.9 and under reciprocal provisions of this article, a member who was in public service prior to becoming a member may not elect to receive credit in this retirement plan for that public service time, and may not receive credit for that prior public service. (2) Absence from work without pay may not be considered as breaking the continuity of service. (Amended by Stats. 2006, Ch. 117, Sec. 3. Effective January 1, 2007.)
  73. 31486.3.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.4. Alternative Plan for Counties of the 16th Class [31486 - 31486.12] ( Article 1.4 added by Stats. 1984, Ch. 968, Sec. 1. )

    Verify source ↗

    An active member may elect, by written notice to the board, to buy service credit under this plan, but payment must be completed before retirement; the county board of supervisors must also make the section operative by resolution.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.4. Alternative Plan for Counties of the 16th Class [31486 - 31486.12] ( Article 1.4 added by Stats. 1984, Ch. 968, Sec. 1. ) ## 31486.3. (a) An active member governed by the provisions of this article may elect, by written notice filed with the board, to make contributions and receive credit under this plan for service for which he or she would not otherwise be entitled to receive credit pursuant to this article. (b) A member who elects to receive service credit pursuant to this section shall have the same purchase rights and shall contribute to the retirement fund the amount that a member in the contributory plan wishing to purchase the same service would have to contribute, based on the rates applicable to a member of the contributory plan with the same date of entry into membership. Payment shall be made by lump-sum payment or by installment payments over a period not to exceed 10 years, prior to the effective date of his or her retirement or, if applicable, prior to the date provided in Section 31485.7. (c) No member may receive any service credit under this section for which he or she has not completed payment pursuant to subdivision (b) before the effective date of his or her retirement or, if applicable, before the date provided in Section 31485.7. Subject to the limitations of federal law, a member who has elected to make payments in installments may complete payment by lump sum at any time prior to the effective date of his or her retirement. (d) Any sums paid by a member pursuant to this section shall be considered to be and administered as contributions by the member. (e) As used in this section, the “contributory plan” means that contributory plan otherwise available to new members of the system on the election date. (f) This section is not operative until the board of supervisors elects, by resolution adopted by a majority vote, to make this section operative in the county. (Amended by Stats. 2006, Ch. 369, Sec. 2. Effective January 1, 2007.)
  74. 31486.35.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.4. Alternative Plan for Counties of the 16th Class [31486 - 31486.12] ( Article 1.4 added by Stats. 1984, Ch. 968, Sec. 1. )

    Verify source ↗

    An active member may buy up to five years of additional retirement credit if they have at least five years of credited service and file written notice with the board.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.4. Alternative Plan for Counties of the 16th Class [31486 - 31486.12] ( Article 1.4 added by Stats. 1984, Ch. 968, Sec. 1. ) ## 31486.35. (a) An active member may elect, by written notice filed with the board, to make contributions pursuant to this section and to receive up to five years of service credit in the retirement system for additional retirement credit, if the member has completed at least five years of credited service with that retirement system. (b) As used in this section, “additional retirement credit” means time that does not otherwise qualify as county service, public service, military service, medical leave of absence, or any other time recognized for service credit by the retirement system. (c) Notwithstanding any other provision of this chapter, service credit for additional retirement credit may not be counted to meet the minimum qualifications for service retirement or for purposes of establishing eligibility for benefits based on 30 years of service, additional ad hoc cost-of-living benefits based on service credit, health care benefits, or any other benefits based upon service credit. (d) A member who elects to make contributions and receive service credit for additional retirement credit shall contribute to the retirement fund, prior to the effective date of his or her retirement, by lump-sum payment or by installment payments over a period not to exceed 10 years, an amount that, at the time of commencement of purchase, in the opinion of the board and the actuary, is sufficient to not place any additional financial burden upon the retirement system. (e) No member may receive service credit under this section for additional retirement credit that he or she has not completed payment pursuant to subdivision (d) before the effective date of his or her retirement or, if applicable, prior to the date provided in Section 31485.7. Subject to the limitations of United States Internal Revenue Service regulations, a member who has elected to make payment in installments may complete payment by lump sum at any time prior to the effective date of his or her retirement. (f) Sums paid by a member pursuant to this section shall be considered to be and administered as contributions by the member. (g) This section is not operative in a county until the board of supervisors, by resolution adopted by majority vote, makes this section applicable in the county. (Added by Stats. 2006, Ch. 117, Sec. 4. Effective January 1, 2007.)
  75. 31486.36.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.4. Alternative Plan for Counties of the 16th Class [31486 - 31486.12] ( Article 1.4 added by Stats. 1984, Ch. 968, Sec. 1. )

    Verify source ↗

    When an active or former member dies, the member’s beneficiaries must be paid the member’s accumulated contributions plus interest.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.4. Alternative Plan for Counties of the 16th Class [31486 - 31486.12] ( Article 1.4 added by Stats. 1984, Ch. 968, Sec. 1. ) ## 31486.36. Upon the death of an active or former member of the plan established by this article, an amount equal to the accumulated contributions made by the member pursuant to this article, with interest on that amount, shall be paid to the member’s beneficiaries. (Added by Stats. 2008, Ch. 72, Sec. 1. Effective January 1, 2009.)
  76. 31486.4.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.4. Alternative Plan for Counties of the 16th Class [31486 - 31486.12] ( Article 1.4 added by Stats. 1984, Ch. 968, Sec. 1. )

    Verify source ↗

    This section sets when county retirement board members or former members may retire and how retirement pensions are calculated and verified.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.4. Alternative Plan for Counties of the 16th Class [31486 - 31486.12] ( Article 1.4 added by Stats. 1984, Ch. 968, Sec. 1. ) ## 31486.4. (a) Retirement of a member or former member who has met the requirements for age and service shall be made by the board, at which time the member or former member becomes a retired member. (b) Any member who has completed 10 years of service shall be vested under the plan created by this article. (c) Any vested member or vested former member who has attained the age of 65 years may be retired upon filing with the board a written application on a form provided by the board for normal retirement setting forth the desired effective retirement date. (d) Any vested member or vested former member who has attained the age of 55 years may be retired upon filing with the board a written application on a form provided by the board for early retirement setting forth the desired effective retirement date. (e) The normal retirement pension shall consist of an annual allowance payable in monthly installments for the life of the retired member equal to 2 percent of his or her final compensation multiplied by the number of years of service to the preceding completed month to which the member is entitled to be credited at retirement, not to exceed 35 years, added to 1 percent of the member’s final compensation multiplied by the number of years of service in excess of 35, not to exceed 10 years, reduced by the estimated primary insurance amount, if any, multiplied by the fraction of the number of years of service with the employer subject to coverage under the federal system, not to exceed 35 years, divided by 35. In no event shall the normal retirement pension, when added to the estimated primary insurance amount, exceed 70 percent of the member’s final compensation unless the years of service to which the member is entitled to be credited at retirement exceeds 35, in which case the normal retirement pension, when added to the estimated primary insurance amount, shall not exceed 80 percent of the member’s final compensation. (f) The early retirement pension shall consist of an annual allowance payable in monthly installments for the life of the retired member in an amount which is the actuarial equivalent of the normal retirement pension to which the retired member would be entitled if otherwise eligible for normal retirement, which shall be computed by multiplying the normal retirement pension by the early retirement adjustment factor set forth opposite the member’s age as of the birthday immediately preceding the date of retirement, in the following table: Age ERA Factor 55 ........................ .39 56 ........................ .43 57 ........................ .47 58 ........................ .51 59 ........................ .56 60 ........................ .61 61 ........................ .67 62 ........................ .74 63 ........................ .82 64 ........................ .90 The ERA Factors set forth in this subdivision shall be used until adjusted by the board in accordance with the interest and mortality tables adopted by the board. (g) The board, upon the advice of the actuary, shall establish and adjust, as required, the table of estimated primary insurance amounts, which shall be utilized in computing the retirement benefit. For purposes of this article, the primary insurance amount shall be estimated based on the employee’s age and salary as of the date of retirement or the date of termination of a vested member, whichever is applicable, provided that: (1) An employee’s prior career earnings shall be assumed to have been subject to the federal system and to have increased on a year-to-year basis at a rate equivalent to the rate of increase in the average per worker total wages reported by the Social Security Administration, and (2) For those members who have not attained the normal retirement age under the federal system as of the date of retirement (i) future earnings in employment covered by the federal system shall be assumed to continue at the rate of pay received by the employee from the employer as of the date of retirement or the date of termination of a vested member, whichever is applicable, and (ii) future wage bases, as defined by the federal system, shall be assumed to continue at the wage base in effect in the year of retirement or the year of termination of a vested member, whichever is applicable, and (iii) cost-of-living increases in the year of retirement and delayed retirement credit provided under the federal system shall not be included in the calculation of the estimated primary insurance amount. (h) The employer shall certify the years of service to be credited at retirement and the final compensation to be utilized in computing the normal and early retirement pension. (i) At the time of application for retirement, the member or former member shall provide adequate proof (1) of age and (2) of the eligibility of persons, if any, who at that time would otherwise qualify for the survivor allowance provided for in Section 31486.6. (j) Notwithstanding subdivision (e) of Section 31486.4, any retired member receiving a normal retirement pension shall, as soon as possible but not later than six months following retirement, present evidence required by the board of the retired member’s actual primary insurance amount. For purposes of this subdivision, the actual primary insurance amount shall be the amount payable under the federal system on the retired member’s date of retirement without regard to delayed retirement credit or any deductions on account of work. Following receipt of that evidence, the board shall adjust the retired member’s pension from the date of retirement to equal the amount of the pension to which he or she would have been entitled on that date had the estimated primary insurance amount equaled the actual primary insurance amount. (Added by Stats. 1984, Ch. 968, Sec. 1. Effective September 10, 1984.)
  77. 31486.5.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.4. Alternative Plan for Counties of the 16th Class [31486 - 31486.12] ( Article 1.4 added by Stats. 1984, Ch. 968, Sec. 1. )

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    Certain retiring members may, if the board approves, choose a pension adjustment that increases benefits before the eligible age and reduces them afterward by equivalent actuarial amounts.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.4. Alternative Plan for Counties of the 16th Class [31486 - 31486.12] ( Article 1.4 added by Stats. 1984, Ch. 968, Sec. 1. ) ## 31486.5. A member who retires for service prior to the age of becoming eligible for benefits described under subdivision (f) of Section 31486.1 may, with the approval of the board, elect to have the retirement pension increased prior to the eligible age and reduced after that age by amounts which have equivalent actuarial values. This modification is for the purpose of coordinating a member’s retirement pension with that received from the federal system. (Added by Stats. 1984, Ch. 968, Sec. 1. Effective September 10, 1984.)
  78. 31486.6.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.4. Alternative Plan for Counties of the 16th Class [31486 - 31486.12] ( Article 1.4 added by Stats. 1984, Ch. 968, Sec. 1. )

    Verify source ↗

    This section sets out who receives a retired member’s benefits after death and allows a vested member or former member to elect a different survivor allowance arrangement at retirement.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.4. Alternative Plan for Counties of the 16th Class [31486 - 31486.12] ( Article 1.4 added by Stats. 1984, Ch. 968, Sec. 1. ) ## 31486.6. (a) Upon the death of a retired member, 50 percent of the retirement pension, if not modified in accordance with the optional survivor allowance in subdivision (c), shall be continued during and throughout the life of his or her surviving spouse, if he or she was married to the member at least one year prior to the date of retirement. If there is no surviving spouse entitled to this allowance, or if he or she dies before every child of the deceased retired member, including stepchild or adopted child, attains the age of 18 years, then the allowance that the surviving spouse would have received had she or he lived, shall be paid to the deceased retired member’s child or children under the age of 18 years. If the survivor allowance is to be paid to surviving children, the allowance shall be divided among the children in equal amounts. However, the right of any child to share in the allowance shall cease upon the death or marriage of the child or upon the child attaining the age of 18 years. Notwithstanding any other provisions of this subdivision, the allowance otherwise payable to the children of the retired member shall be paid to the children through the age of 21 years, if the children remain unmarried and are regularly enrolled as full-time students in any accredited school as determined by the board. (b) If, upon the death of a retired member, there is no surviving spouse or child entitled to the allowance under this section, and the total retirement allowance income received by the member during his or her lifetime did not exceed his or her accumulated normal contributions, if any, the member’s designated beneficiary shall be paid an amount equal to the excess of his or her accumulated normal contributions over his or her total retirement allowance income. (c) A vested member, or vested former member, in lieu of the normal or early retirement pension for the retired member’s life alone, may elect to have the actuarial equivalent of the retired member’s pension as of the date of retirement applied to a lesser amount payable throughout the retired member’s life, and thereafter to have a survivor allowance as approved by the board, upon the advice of the actuary, continued throughout the life of and paid to the person or persons having an insurable interest in the life of the retired member, as the member or former member nominates by written designation duly executed and filed with the board at the time of retirement. (d) Designations pursuant to subdivision (c) shall not, in the opinion of the board and the actuary, place any additional burden upon the retirement system. (Amended by Stats. 2004, Ch. 533, Sec. 6. Effective January 1, 2005.)
  79. 31486.7.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.4. Alternative Plan for Counties of the 16th Class [31486 - 31486.12] ( Article 1.4 added by Stats. 1984, Ch. 968, Sec. 1. )

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    If a member dies before retirement while still in service, the designated beneficiary receives a death benefit.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.4. Alternative Plan for Counties of the 16th Class [31486 - 31486.12] ( Article 1.4 added by Stats. 1984, Ch. 968, Sec. 1. ) ## 31486.7. Notwithstanding any other provisions, upon the death of a member before retirement while in service, the designated beneficiary shall receive a death benefit equal to one month’s final compensation as defined in subdivision (d) of Section 31486.1 for each year of service completed up to a maximum of six months. (Added by Stats. 1984, Ch. 968, Sec. 1. Effective September 10, 1984.)
  80. 31486.8.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.4. Alternative Plan for Counties of the 16th Class [31486 - 31486.12] ( Article 1.4 added by Stats. 1984, Ch. 968, Sec. 1. )

    Verify source ↗

    New employees who would otherwise qualify as members cannot join until they certify a retirement-plan election to the board, and the employer must provide plan disclosure before accepting that election.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.4. Alternative Plan for Counties of the 16th Class [31486 - 31486.12] ( Article 1.4 added by Stats. 1984, Ch. 968, Sec. 1. ) ## 31486.8. Any person employed subsequent to the effective date of this article who would otherwise qualify as a member shall not become a member until that person certifies to the board an election to be covered by the retirement plan established by this article or to be covered by the retirement provisions and benefits otherwise available to members on the date preceding the effective date of this article. As a condition of continued employment, the certification shall be made within 60 days of employment. The employer shall make available to the person a disclosure of the elements of each of the available retirement plans prior to accepting the election. (Added by Stats. 1984, Ch. 968, Sec. 1. Effective September 10, 1984.)
  81. 31486.9.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.4. Alternative Plan for Counties of the 16th Class [31486 - 31486.12] ( Article 1.4 added by Stats. 1984, Ch. 968, Sec. 1. )

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    General members may elect to transfer to the retirement plan under this article within 180 days, by proper application filed with the board. The transfer is voluntary and irrevocable.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.4. Alternative Plan for Counties of the 16th Class [31486 - 31486.12] ( Article 1.4 added by Stats. 1984, Ch. 968, Sec. 1. ) ## 31486.9. (a) General members may, within 180 days of the effective date of this article, elect to transfer to the retirement plan created by this article upon proper application executed by the member and filed with the board. The transfer is voluntary and shall be irrevocable. (b) The retirement benefits of the transferred members are governed and defined by this article. (c) Transferring members relinquish and waive any and all previously available vested or accrued retirement, survivor, disability and death benefits. However, notwithstanding any other provision of this article, a transferring member may elect to receive credit and a retirement benefit as determined by the former retirement system for public service credit received by leaving contributions on deposit or a refund of contributions and relinquish public service credit. (Added by Stats. 1984, Ch. 968, Sec. 1. Effective September 10, 1984.)
  82. 31487.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.5. Alternative Plan for Counties with Populations in Excess of Six Million [31487 - 31495.7] ( Article 1.5 added by Stats. 1981, Ch. 910, Sec. 1. )

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    This section creates Retirement Plan E and says it applies in a county retirement system with more than six million people if the board of supervisors signs a memorandum of understanding with employee representatives and adopts a majority-vote resolution.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.5. Alternative Plan for Counties with Populations in Excess of Six Million [31487 - 31495.7] ( Article 1.5 added by Stats. 1981, Ch. 910, Sec. 1. ) ## 31487. (a) The retirement plan created by this article shall be known as Retirement Plan E. (b) This article shall be applicable in the retirement system of any county with a population in excess of six million, if the board of supervisors executes a memorandum of understanding with employee representatives and adopts, by majority vote, a resolution providing that the article shall be applicable. (c) The purpose of this article is to provide an optional, noncontributory retirement plan for general members as an alternative to the provisions and benefits otherwise contained in this chapter. (d) The retirement benefits of (1) all general members employed after the date this article is made operative and who elect the plan created by this article and (2) existing general members who transfer to the plan herein created, shall be governed by this article. (e) In the event of a conflict, this article shall supersede and prevail over other provisions or application of provisions otherwise contained in this chapter. (f) Except as otherwise provided below, the provisions contained in this chapter shall apply: (1) Article 9 (commencing with Section 31700) of this chapter shall not be applicable. (2) Article 10 (commencing with Section 31720) of this chapter shall not be applicable. (3) Article 11 (commencing with Section 31760) of this chapter shall not be applicable. (4) Article 12 (commencing with Section 31780) of this chapter shall not be applicable. (5) Article 16.5 (commencing with Section 31870) of this chapter shall not be applicable. (g) Article 15 (commencing with Section 31830) dealing with reciprocal benefits shall be applicable, excluding those provisions dealing with disability retirement, death benefits, and the requirement relating to the deposit of accumulated member contributions. (h) Any amendments to or modifications of this chapter subsequent to the effective date of this article shall not affect the provisions of this article unless mutually agreed to by the employer and employee representatives and adopted by majority resolution of the board of supervisors. (i) Except as otherwise provided, any member who upon retirement receives a retirement pension calculated in accordance with sections or provisions added to this article subsequent to the effective date of this article shall have his or her pension calculated under each such section or provision only for the period of time that those sections or provisions were in effect, unless otherwise mutually agreed between the employer and its employee representatives. (Added by Stats. 1981, Ch. 910, Sec. 1. Effective September 28, 1981.)
  83. 31488.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.5. Alternative Plan for Counties with Populations in Excess of Six Million [31487 - 31495.7] ( Article 1.5 added by Stats. 1981, Ch. 910, Sec. 1. )

    Verify source ↗

    This section defines key terms used in Article 1.5, including “board,” “employer,” “federal system,” “final compensation,” “member,” “primary insurance amount,” and “service.”

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.5. Alternative Plan for Counties with Populations in Excess of Six Million [31487 - 31495.7] ( Article 1.5 added by Stats. 1981, Ch. 910, Sec. 1. ) ## 31488. Unless the context otherwise requires, the definitions contained in this section, govern the construction of this article. (a) As used in subdivisions (f) and (g) of Section 31491, subdivisions (b) and (c) of Section 31492, and Section 31495, “board” means the board of investments. In all other cases, “board” means the board of retirement. (b) “Employer” means the county or district or agency whose employees are members of the retirement system of the county. (c) “Federal system” means the Old Age and Survivors Insurance provisions of the Social Security Act. (d) “Final compensation” means the average annual compensation earnable by a general member during any three years, whether or not consecutive, elected by the member at or before the time an application for retirement is filed or, if no election is made, during the three years in which the member or former member last earned compensation preceding retirement. If a member or former member has less than three years of service, final compensation shall be determined by dividing total compensation by the number of months of service credited to the member or former member and multiplying by 12. In no event shall final compensation include any disability benefits received by the member or former member under a disability plan provided by the employer. (e) “Member” or “general member” means an employee hired on a monthly permanent basis of at least three-quarter time, as defined by the employer, except an employee eligible for safety membership. (f) “Primary insurance amount” means the monthly retirement benefit payable under the federal system at the age at which full retirement benefits are available under the federal system. This age is deemed to be age 65 until June 30, 1983. (g) “Service” means the period of uninterrupted employment of a member and the time in which a member or former member (1) is totally disabled, and (2) is receiving disability benefits or is eligible to receive disability benefits either during or after any elimination or qualifying period, under a disability plan provided by the employer. Except as otherwise herein provided, a member shall not be credited with service for any payroll period in which no compensation is received by the member. Unless otherwise provided, service shall not include military service or public service other than service with the employer. (Amended by Stats. 2010, Ch. 86, Sec. 1. (AB 1902) Effective January 1, 2011.)
  84. 31489.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.5. Alternative Plan for Counties with Populations in Excess of Six Million [31487 - 31495.7] ( Article 1.5 added by Stats. 1981, Ch. 910, Sec. 1. )

    Verify source ↗

    Generally, members do not make contributions under this retirement plan, unless Sections 31490.5 or 31490.6 apply. A member who transfers into the plan is entitled to a refund of accumulated contributions plus interest within nine months of the board receiving the transfer election.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.5. Alternative Plan for Counties with Populations in Excess of Six Million [31487 - 31495.7] ( Article 1.5 added by Stats. 1981, Ch. 910, Sec. 1. ) ## 31489. (a) Except as otherwise provided in Section 31490.5 or 31490.6, there shall be no general members’ contributions under the plan created by this article. (b) A member who transfers to the retirement plan created by this article shall have refunded, within a reasonable period of time, not to exceed nine months from the date of receipt of election to transfer by the board, the member’s accumulated contributions, together with interest thereon, which are credited to the member’s account. Interest shall be credited to the June 30 or December 31 date, whichever is later, immediately preceding the date of the refund warrant. A refund under this section shall be payable to the member. (Amended by Stats. 2006, Ch. 117, Sec. 5. Effective January 1, 2007.)
  85. 31490.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.5. Alternative Plan for Counties with Populations in Excess of Six Million [31487 - 31495.7] ( Article 1.5 added by Stats. 1981, Ch. 910, Sec. 1. )

    Verify source ↗

    A member who had public service before joining cannot elect retirement credit for that prior service, except as stated in the cross-referenced exceptions.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.5. Alternative Plan for Counties with Populations in Excess of Six Million [31487 - 31495.7] ( Article 1.5 added by Stats. 1981, Ch. 910, Sec. 1. ) ## 31490. (a) Except as provided in Sections 31490.5 and 31494, and under reciprocal provisions of this article, a member who was in public service prior to becoming a member may not elect to receive credit in this retirement plan for that public service time, and shall not receive credit for that prior public service. (b) Absence from work or termination of employment while an eligible employee or disability beneficiary, as defined by a disability plan provided by the employer, shall not be considered as breaking the continuity of service. (c) For the purposes of subdivision (b) of Section 31491, an unpaid leave of absence of not to exceed one year, or a leave of absence for which an employee receives any benefit that has been approved by the employer, shall not be considered an interruption of service. However, a payroll period in which no compensation is received by a member shall not be considered as service in calculating the benefits otherwise provided under this article. (Amended by Stats. 2010, Ch. 86, Sec. 2. (AB 1902) Effective January 1, 2011.)
  86. 31490.5.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.5. Alternative Plan for Counties with Populations in Excess of Six Million [31487 - 31495.7] ( Article 1.5 added by Stats. 1981, Ch. 910, Sec. 1. )

    Verify source ↗

    An active member may elect in writing to buy service credit under this section, but payment must be completed by the retirement deadline and the county board of supervisors must make the section operative by resolution.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.5. Alternative Plan for Counties with Populations in Excess of Six Million [31487 - 31495.7] ( Article 1.5 added by Stats. 1981, Ch. 910, Sec. 1. ) ## 31490.5. (a) An active member governed by the provisions of this article may elect, by written notice filed with the board, to make contributions and receive credit under this plan for service for which he or she would not otherwise be entitled to receive credit pursuant to this article. (b) Any member who elects to receive service credit pursuant to this section shall have the same purchase rights and shall contribute to the retirement fund the amount that a member in the contributory plan wishing to purchase the same service would have to contribute, based on the rates applicable to a member of the contributory plan with the same date of entry into membership. Payment shall be made by lump-sum payment or by installment payments over a period not to exceed 10 years, prior to the effective date of his or her retirement or, if applicable, prior to the date provided in Section 31485.8. (c) No member may receive any service credit under this section for which he or she has not completed payment pursuant to subdivision (b) before the effective date of his or her retirement or, if applicable, before the date provided in Section 31485.8. Subject to the limitations of federal law, a member who has elected to make payments in installments may complete payment by lump sum at any time prior to the effective date of his or her retirement. (d) Any sums paid by a member pursuant to this section shall be considered to be and administered as contributions by the member. (e) As used in this section, the “contributory plan” means that contributory plan otherwise available to new members of the system on the election date. (f) This section is not operative until the board of supervisors elects, by resolution adopted by a majority vote, to make this section operative in the county. (Amended by Stats. 2006, Ch. 369, Sec. 3. Effective January 1, 2007.)
  87. 31490.6.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.5. Alternative Plan for Counties with Populations in Excess of Six Million [31487 - 31495.7] ( Article 1.5 added by Stats. 1981, Ch. 910, Sec. 1. )

    Verify source ↗

    An active member may elect to buy up to five years of additional retirement service credit by filing written notice with the board, but only after at least five years of credited service and subject to payment rules.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.5. Alternative Plan for Counties with Populations in Excess of Six Million [31487 - 31495.7] ( Article 1.5 added by Stats. 1981, Ch. 910, Sec. 1. ) ## 31490.6. (a) An active member may elect, by written notice filed with the board, to make contributions pursuant to this section and to receive up to five years of service credit in the retirement system for additional retirement credit, if the member has completed at least five years of credited service with that retirement system. (b) As used in this section, “additional retirement credit” means time that does not otherwise qualify as county service, public service, military service, medical leave of absence, or any other time recognized for service credit by the retirement system. (c) Notwithstanding any other provision of this chapter, service credit for additional retirement credit may not be counted to meet the minimum qualifications for service retirement or for purposes of establishing eligibility for benefits based on 30 years of service, additional ad hoc cost-of-living benefits based on service credit, health care benefits, or any other benefits based upon service credit. (d) A member who elects to make contributions and receive service credit for additional retirement credit shall contribute to the retirement fund, prior to the effective date of his or her retirement, by lump-sum payment or by installment payments over a period not to exceed 10 years, an amount that, at the time of commencement of purchase, in the opinion of the board and the actuary, is sufficient to not place any additional financial burden upon the retirement system. (e) No member may receive service credit under this section for additional retirement credit that he or she has not completed payment pursuant to subdivision (d) before the effective date of his or her retirement or, if applicable, prior to the date provided in Section 31485.8. Subject to the limitations of United States Internal Revenue Service regulations, a member who has elected to make payment in installments may complete payment by lump sum at any time prior to the effective date of his or her retirement. (f) Sums paid by a member pursuant to this section shall be considered to be and administered as contributions by the member. (g) This section is not operative until the board of supervisors, by resolution adopted by majority vote, makes this section operative in the county. (h) Pursuant to Section 7522.46, this section shall apply only to an application to purchase additional retirement credit that was received by the retirement system prior to January 1, 2013, that is subsequently approved by the system. (Amended by Stats. 2013, Ch. 247, Sec. 13. (AB 1380) Effective January 1, 2014.)
  88. 31490.7.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.5. Alternative Plan for Counties with Populations in Excess of Six Million [31487 - 31495.7] ( Article 1.5 added by Stats. 1981, Ch. 910, Sec. 1. )

    Verify source ↗

    When an active or former plan member dies, the member’s accumulated contributions plus interest must be paid to the member’s beneficiaries.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.5. Alternative Plan for Counties with Populations in Excess of Six Million [31487 - 31495.7] ( Article 1.5 added by Stats. 1981, Ch. 910, Sec. 1. ) ## 31490.7. Upon the death of an active or former member of the plan established by this article, an amount equal to the accumulated contributions made by the member pursuant to this article, with interest on that amount, shall be paid to the member’s beneficiaries. (Added by Stats. 2008, Ch. 72, Sec. 2. Effective January 1, 2009.)
  89. 31491.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.5. Alternative Plan for Counties with Populations in Excess of Six Million [31487 - 31495.7] ( Article 1.5 added by Stats. 1981, Ch. 910, Sec. 1. )

    Verify source ↗

    This section sets retirement and pension rules for covered county employees, including board action, vesting after 10 years of service, retirement application requirements, and pension recalculation after proof of the actual primary insurance amount is filed.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.5. Alternative Plan for Counties with Populations in Excess of Six Million [31487 - 31495.7] ( Article 1.5 added by Stats. 1981, Ch. 910, Sec. 1. ) ## 31491. (a) Retirement of a member or former member who has met the requirements for age and service shall be made by the board, at which time the member or former member becomes a retired member. (b) Any member who has completed 10 years of service shall be vested under the plan created by this article. (c) Any vested member or vested former member who has attained the age of 65 years may be retired upon filing with the board a written application on a form provided by the board for normal retirement setting forth the desired effective retirement date. (d) Any vested member or vested former member who has attained the age of 55 years may be retired upon filing with the board a written application on a form provided by the board for early retirement setting forth the desired effective retirement date. (e) The normal retirement pension shall consist of an annual allowance payable in monthly installments for the life of the retired member equal to 2 percent of his or her final compensation multiplied by the number of years of service to the preceding completed month to which the member is entitled to be credited at retirement, not to exceed 35 years, added to 1 percent of the member’s final compensation multiplied by the number of years of service in excess of 35, not to exceed 10 years, reduced by the estimated primary insurance amount, if any, multiplied by the fraction of the number of years of service with the employer subject to coverage under the federal system, not to exceed 35 years, divided by 35. In no event shall the normal retirement pension, when added to the estimated primary insurance amount, exceed 70 percent of the member’s final compensation unless the years of service to which the member is entitled to be credited at retirement exceeds 35, in which case the normal retirement pension, when added to the estimated primary insurance amount, shall not exceed 80 percent of the member’s final compensation. (f) The early retirement pension shall consist of an annual allowance payable in monthly installments for the life of the retired member in an amount which is the actuarial equivalent of the normal retirement pension to which the retired member would be entitled if otherwise eligible for normal retirement, which shall be computed by multiplying the normal retirement pension by the early retirement adjustment factor set forth opposite the member’s age as of the birthday immediately preceding the date of retirement, in the following table: Age ERA Factor 55 ........................ .39 56 ........................ .43 57 ........................ .47 58 ........................ .51 59 ........................ .56 60 ........................ .61 61 ........................ .67 62 ........................ .74 63 ........................ .82 64 ........................ .90 The ERA Factors set forth in this subdivision shall be used until adjusted by the board in accordance with the interest and mortality tables adopted by the board. (g) The board, upon the advice of the actuary, shall establish and adjust, as required, the table of estimated primary insurance amounts, which shall be utilized in computing the retirement benefit. For purposes of this article, the primary insurance amount shall be estimated based on the employee’s age and salary as of the date of retirement or the date of termination of a vested member, whichever is applicable, provided that: (1) An employee’s prior career earnings shall be assumed to have been subject to the federal system and to have increased on a year-to-year basis at a rate equivalent to the rate of increase in the average per worker total wages reported by the Social Security Administration, and (2) For those members who have not attained the normal retirement age under the federal system as of the date of retirement (i) future earnings in employment covered by the federal system shall be assumed to continue at the rate of pay received by the employee from the employer as of the date of retirement or the date of termination of a vested member, whichever is applicable, and (ii) future wage bases, as defined by the federal system, shall be assumed to continue at the wage base in effect in the year of retirement or the year of termination of a vested member, whichever is applicable, and (iii) cost-of-living increases in the year of retirement and delayed retirement credit provided under the federal system shall not be included in the calculation of the estimated primary insurance amount. (h) The employer shall certify the years of service to be credited at retirement and the final compensation to be utilized in computing the normal and early retirement pension. (i) At the time of application for retirement, the member or former member shall provide adequate proof (1) of age and (2) of the eligibility of persons, if any, who at that time would otherwise qualify for the survivor allowance provided for in Section 31492. (j) Notwithstanding subdivision (e) of Section 31491, any retired member receiving a normal retirement pension shall, as soon as possible but not later than six months following retirement, present evidence required by the board of the retired member’s actual primary insurance amount. For purposes of this subdivision, the actual primary insurance amount shall be the amount payable under the federal system on the retired member’s date of retirement without regard to delayed retirement credit or any deductions on account of work. Following receipt of that evidence, the board shall adjust the retired member’s pension from the date of retirement to equal the amount of the pension to which he or she would have been entitled on that date had the estimated primary insurance amount equaled the actual primary insurance amount. (Added by Stats. 1981, Ch. 910, Sec. 1. Effective September 28, 1981.)
  90. 31491.1.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.5. Alternative Plan for Counties with Populations in Excess of Six Million [31487 - 31495.7] ( Article 1.5 added by Stats. 1981, Ch. 910, Sec. 1. )

    Verify source ↗

    A retired member may submit evidence of actual primary insurance amount, and the board must then adjust the pension accordingly.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.5. Alternative Plan for Counties with Populations in Excess of Six Million [31487 - 31495.7] ( Article 1.5 added by Stats. 1981, Ch. 910, Sec. 1. ) ## 31491.1. (a) Notwithstanding Section 31491, any retired member receiving a retirement pension may present evidence in the form required by the board of the retired member’s actual primary insurance amount. For the purposes of this section, the actual primary insurance amount shall be the amount being paid under the federal system. Following receipt of that evidence, the board shall adjust the retired member’s pension to equal the amount of the pension to which he or she would have been entitled on that date had the estimated primary insurance amount equaled the actual insurance amount. (b) The adjustment calculated in subdivision (a) shall be applied to the retired member’s pension beginning in the month upon which the retired member presents evidence required by the board. (c) This section shall not be operative in any county until the board of supervisors, by resolution adopted by majority vote, makes this section applicable. (Amended by Stats. 2002, Ch. 664, Sec. 114. Effective January 1, 2003.)
  91. 31491.2.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.5. Alternative Plan for Counties with Populations in Excess of Six Million [31487 - 31495.7] ( Article 1.5 added by Stats. 1981, Ch. 910, Sec. 1. )

    Verify source ↗

    Retired members may submit required evidence about primary insurance amounts, and the board must adjust pensions after receiving it; at federal retirement age, the member must submit any required evidence.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.5. Alternative Plan for Counties with Populations in Excess of Six Million [31487 - 31495.7] ( Article 1.5 added by Stats. 1981, Ch. 910, Sec. 1. ) ## 31491.2. (a) Notwithstanding Section 31491, any retired member receiving a retirement pension may present evidence in the form required by the board of the retired member’s federal estimated primary insurance amount provided that the retired member is not receiving a federal primary insurance amount. For the purposes of this section, the federal estimated primary insurance amount shall be the amount payable under the federal system as of the retired member’s normal federal retirement age. Should the federal estimated primary insurance amount equal zero, the retired member shall not have his or her pension benefit reduced for an estimated primary insurance amount as required in subdivision (e) of Section 31491. (b) Following receipt of that evidence, the board shall adjust the retired member’s pension to equal the amount of the pension to which he or she would have been entitled on that date had the estimated primary insurance amount calculated in Section 31491 equaled zero. (c) The adjustment calculated in subdivision (a) shall be applied to the retired member’s pension beginning in the month upon which the retired member presents evidence required by the board. (d) Notwithstanding subdivision (a), upon attaining federal retirement age, the retired member shall submit any evidence as may be required by the board of the retired members’ federal estimated or actual primary insurance amount. Following receipt of that evidence, the board shall adjust the retired member’s pension in accordance with subdivision (j) of Section 31491. (e) This section shall not be operative in any county until the board of supervisors, by resolution adopted by majority vote, makes this section applicable. (Amended by Stats. 2002, Ch. 664, Sec. 115. Effective January 1, 2003.)
  92. 31491.3.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.5. Alternative Plan for Counties with Populations in Excess of Six Million [31487 - 31495.7] ( Article 1.5 added by Stats. 1981, Ch. 910, Sec. 1. )

    Verify source ↗

    This section sets how early retirement pensions are calculated for eligible members and lets qualifying retirees submit evidence of their actual Social Security amount so the board can adjust the pension.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.5. Alternative Plan for Counties with Populations in Excess of Six Million [31487 - 31495.7] ( Article 1.5 added by Stats. 1981, Ch. 910, Sec. 1. ) ## 31491.3. (a) Notwithstanding subdivision (f) of Section 31491, for those members retiring on or after the operative date of this section, the early retirement pension shall consist of an annual allowance payable in monthly installments for the life of the retired member in an amount that is the actuarial equivalent of the normal retirement pension to which the retired member would be entitled if otherwise eligible for normal retirement, which shall be computed by multiplying the normal retirement pension by the early retirement adjustment factor set forth opposite the member’s age as of the birthday immediately preceding the date of retirement, in the following table: Age ERA Factor 55 ........................ .3748 56 ........................ .4109 57 ........................ .4511 58 ........................ .4957 59 ........................ .5454 60 ........................ .6009 61 ........................ .6631 62 ........................ .7328 63 ........................ .8113 64 ........................ .8998 (b) For those members retiring on or after the operative date of this section, paragraph (2) of subdivision (g) of Section 31491 shall not apply, but with regard to those members who have not attained the age of 62 years as of the date of retirement (1) future earnings in employment covered by the federal system shall be assumed to continue at the rate of pay received by the employee from the employer as of the date of retirement or the date of termination of employment of a vested member, whichever is applicable, until the member attains the age of 62 years, and (2) future wage bases, as defined by the federal system, shall be assumed to continue at the wage base in effect in the year of retirement or the year of termination of employment of a vested member, whichever is applicable, until the member attains the age of 62 years, and (3) cost-of-living increases in the year of retirement and delayed retirement credit provided under the federal system shall not be included in the calculation of the estimated primary insurance amount. (c) Notwithstanding subdivision (e) or subdivision (j) of Section 31491, any member who retires on or after the operative date of this section, and after attaining the age of 62 years may, as soon as possible but not later than six months following retirement, present evidence required by the board demonstrating the retired member’s actual primary insurance amount. For purposes of this subdivision, the actual primary insurance amount shall be the amount actually payable under the federal system on the retired member’s date of retirement without regard to delayed retirement credit or any deductions on account of work, or the estimate of that amount as set forth on a current earnings and benefits estimate statement provided by the Social Security Administration. Following receipt of that evidence, the board shall adjust the retired member’s pension from the date of retirement to equal the amount of the pension to which he or she would have been entitled on that date had the estimated primary insurance amount equaled the actual primary insurance amount. (d) This section shall only be applicable to Los Angeles County and shall not become operative until the board of supervisors of that county elects, by resolution adopted by a majority vote, to make this section operative in the county. (Added by Stats. 2001, Ch. 778, Sec. 2. Effective October 13, 2001. Section conditionally operative by its own provisions.)
  93. 31492.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.5. Alternative Plan for Counties with Populations in Excess of Six Million [31487 - 31495.7] ( Article 1.5 added by Stats. 1981, Ch. 910, Sec. 1. )

    Verify source ↗

    This section sets who receives a retired member’s survivor pension, including a surviving spouse, certain children, or a designated beneficiary, and allows some benefits to be elected in reduced or increased forms.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.5. Alternative Plan for Counties with Populations in Excess of Six Million [31487 - 31495.7] ( Article 1.5 added by Stats. 1981, Ch. 910, Sec. 1. ) ## 31492. (a) (1) Upon the death of a retired member, 50 percent of the retirement pension, if not modified in accordance with the optional survivor allowance in subdivision (c) or (d), shall be continued during and throughout the life of his or her surviving spouse, if she or he was married to the member at least one year prior to the date of retirement. If there is no surviving spouse entitled to this allowance, or if he or she dies before every child of the deceased retired member, including every stepchild or adopted child, attains the age of 18 years, then the allowance that the spouse would have received had she or he survived shall be paid to the deceased retired member’s child or children under the age of 18 years. If the survivor allowance is to be paid to surviving children, it shall be divided among the children in equal shares. However, the right of any child to share in the allowance shall cease upon his or her death, marriage, or attaining the age of 18 years. (2) Notwithstanding any other provisions of this subdivision, the allowance otherwise payable to the children of the retired member shall be paid to the children through the age of 21 years, if the children remain unmarried and are regularly enrolled as full-time students in any accredited school as determined by the board. (b) If, upon the death of a retired member, there is no surviving spouse or child entitled to the allowance under this section, and the total retirement allowance income received by the member during his or her lifetime did not equal or exceed his or her accumulated normal contributions, if any, the member’s designated beneficiary shall be paid an amount equal to the excess of his or her accumulated normal contributions over his or her total retirement allowance income. (c) (1) A vested member, or vested former member, in lieu of the retirement allowance and survivor allowance, if any, otherwise payable to a retired member and his or her surviving spouse pursuant to this article, may elect to have the actuarial equivalent of these benefits, as of the date of retirement, applied to a lesser amount payable throughout the retired member’s life and to an increased survivor allowance as approved by the board, upon the advice of the actuary, continued throughout the life of and paid to his or her surviving spouse, if he or she was married to the member at least one year prior to the date of retirement. If there is no surviving spouse entitled to this allowance, or if he or she dies before every child of the deceased retired member, including every stepchild and adopted child, attains the age of 18 years, then the increased survivor allowance that the spouse would have received had he or she survived shall be paid to the deceased retired member’s child or children under the age of 18 years. If the increased survivor allowance is to be paid to surviving children, it shall be divided among the children in equal shares. However, the right of any child to share in the allowance shall cease upon his or her death, marriage, or attaining the age of 18 years. (2) Notwithstanding any other provision of this subdivision, the increased allowance otherwise payable to the children of the retired member shall be paid to the children through the age of 21 years if the children remain unmarried and are regularly enrolled as full-time students in any accredited school as determined by the board. (3) The election pursuant to this subdivision may not, in the opinion of the board and the actuary, place any additional burden upon the retirement system. If a member makes the election, the member’s normal or early retirement benefit shall be reduced by the additional actuarial cost to the system resulting from the increased survivor allowance. The actuarial cost of the survivor allowance payable under this subdivision shall be calculated taking into account the life expectancy of the member’s surviving spouse. (4) This subdivision is not operative unless the county board of supervisors, by resolution adopted by a majority vote, makes this subdivision operative in the county. This subdivision applies only to members who retire after the operative date of this subdivision. (d) A vested member, or vested former member, in lieu of the normal or early retirement pension for the retired member’s life alone and the survivor allowance, if any, that would be payable under subdivision (a) or (c), may elect to have the actuarial equivalent of the retired member’s pension as of the date of retirement applied to a lesser amount payable throughout the retired member’s life, and to a survivor allowance as approved by the board, upon the advice of the actuary, that, upon the death of the retired member, shall continue throughout the life of and be paid to the person or persons having an insurable interest in the life of the retired member, as the member or former member nominates by written designation duly executed and filed with the board at the time of retirement. The member’s normal or early retirement benefit shall be reduced by the actuarial cost of the survivor allowance elected. (Amended by Stats. 2004, Ch. 152, Sec. 1. Effective January 1, 2005.)
  94. 31492.1.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.5. Alternative Plan for Counties with Populations in Excess of Six Million [31487 - 31495.7] ( Article 1.5 added by Stats. 1981, Ch. 910, Sec. 1. )

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    This section sets a survivor allowance at 55 percent of the retirement pension, subject to stated conditions.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.5. Alternative Plan for Counties with Populations in Excess of Six Million [31487 - 31495.7] ( Article 1.5 added by Stats. 1981, Ch. 910, Sec. 1. ) ## 31492.1. (a) Notwithstanding Section 31492, each monthly survivor allowance paid pursuant to subdivision (a) of Section 31492 on account of a member who retires on or after the operative date of this section shall be equal to 55 percent of the retirement pension, if not modified in accordance with the optional survivor allowance in subdivision (c) or (d) of that section. (b) This section is only applicable to Los Angeles County and is not operative until the board of supervisors of that county elects, by resolution adopted by a majority vote, to make this section operative in the county. (Amended by Stats. 2005, Ch. 22, Sec. 89. Effective January 1, 2006. Section conditionally operative by its own provisions.)
  95. 31492.2.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.5. Alternative Plan for Counties with Populations in Excess of Six Million [31487 - 31495.7] ( Article 1.5 added by Stats. 1981, Ch. 910, Sec. 1. )

    Verify source ↗

    For certain survivor allowances, the payment amount is 55% of the retirement pension unless modified under the optional survivor allowance rules.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.5. Alternative Plan for Counties with Populations in Excess of Six Million [31487 - 31495.7] ( Article 1.5 added by Stats. 1981, Ch. 910, Sec. 1. ) ## 31492.2. (a) Notwithstanding the provisions of Section 31492, each monthly survivor allowance paid on or after the operative date of this section pursuant to subdivision (a) of Section 31492 on account of a member who retires before the operative date of this section shall be equal to 55 percent of the retirement pension, if not modified in accordance with the optional survivor allowance in subdivision (b) of that section. (b) This section shall only be applicable to Los Angeles County and shall not become operative until the board of supervisors of that county elects, by resolution adopted by a majority vote, to make this section operative in the county. (Added by Stats. 2001, Ch. 778, Sec. 4. Effective October 13, 2001. Section conditionally operative by its own provisions.)
  96. 31493.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.5. Alternative Plan for Counties with Populations in Excess of Six Million [31487 - 31495.7] ( Article 1.5 added by Stats. 1981, Ch. 910, Sec. 1. )

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    Certain new employees must choose a retirement coverage option and certify that choice to the board within 60 days; the employer must provide a disclosure of the available plans.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.5. Alternative Plan for Counties with Populations in Excess of Six Million [31487 - 31495.7] ( Article 1.5 added by Stats. 1981, Ch. 910, Sec. 1. ) ## 31493. (a) Any person employed subsequent to the effective date of this article who would otherwise qualify as a member shall not become a member until he or she certifies to the board his or her election to be covered by the retirement plan established by this article or to be covered by the retirement provisions and benefits otherwise available to members on the date preceding the effective date of this article. As a condition of continued employment, the certification shall be made within 60 days of employment. The employer shall make available to the person a disclosure of the elements of each of the available retirement plans prior to accepting his or her election. (b) This section shall be applicable to persons who are eligible for membership and are employed prior to January 1, 1991. (Amended by Stats. 1990, Ch. 218, Sec. 1.)
  97. 31493.5.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.5. Alternative Plan for Counties with Populations in Excess of Six Million [31487 - 31495.7] ( Article 1.5 added by Stats. 1981, Ch. 910, Sec. 1. )

    Verify source ↗

    Eligible employees must certify their retirement-plan election to the board, and employers must give written retirement-plan disclosure materials within 14 days of employment.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.5. Alternative Plan for Counties with Populations in Excess of Six Million [31487 - 31495.7] ( Article 1.5 added by Stats. 1981, Ch. 910, Sec. 1. ) ## 31493.5. (a) Any person employed who qualifies as a member shall certify to the board his or her election to be covered by the retirement plan established by this article or to be covered by the retirement provisions and benefits otherwise available to members as of the date of employment. Any person who dies prior to certifying his or her election or who fails to certify his or her election within the period set forth in subdivision (b) shall, as of the date of death or the day immediately following the last day to certify his or her election, be deemed to have elected to be covered by the retirement plan established by this article. (b) The election required to be made by subdivision (a) shall be certified to the board: (1) Within 30 days of employment if written disclosure materials are provided by the employer pursuant to subdivision (c) within 14 days of employment, or (2) Within 30 days of the receipt of written disclosure materials provided by the employer if the employer fails to provide written disclosure materials within 14 days of employment as required by subdivision (c). (c) The employer shall, within 14 days of the date of employment, provide to each person who qualifies as a member, written disclosure materials of the elements of each of the available retirement plans. (d) This section shall be applicable to persons eligible for general membership in Plans D and E who become employed on or after January 1, 1991, and prior to January 1, 1992, and to persons who were employed prior to January 1, 1991, who first became eligible for membership on or after January 1, 1991, and before January 1, 1992. (Amended by Stats. 1991, Ch. 1108, Sec. 4. Effective October 14, 1991.)
  98. 31493.6.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.5. Alternative Plan for Counties with Populations in Excess of Six Million [31487 - 31495.7] ( Article 1.5 added by Stats. 1981, Ch. 910, Sec. 1. )

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    Certain eligible county employees are automatically enrolled in the article’s retirement plan unless they choose otherwise, and the employer must give written plan information within 14 days.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.5. Alternative Plan for Counties with Populations in Excess of Six Million [31487 - 31495.7] ( Article 1.5 added by Stats. 1981, Ch. 910, Sec. 1. ) ## 31493.6. (a) Any person who qualifies as a member, and who has not elected to be covered by the retirement provisions and benefits available to members, shall become a member of the plan established by this article as of the first day of the month following the date of employment or date of eligibility for membership. Any person who dies prior to certifying his or her election shall be deemed to have elected to be covered by the retirement plan established by this article. (b) The employer shall, within 14 days of the date of employment or eligibility for membership, provide to each person who qualifies as a member, written disclosure materials of the elements of each of the available retirement plans. (c) Any person who has been enrolled in the plan provided for in this article pursuant to subdivision (a) may elect to be covered by any other retirement plan to which he or she is otherwise eligible, provided that the election is made in writing and filed with the board within 60 days from his or her beginning date of employment or eligibility for membership, or within 45 days after receipt from the employer of the materials required by subdivision (b), whichever is later. Any person who makes the election shall be deemed to be a member of the elected plan as of the first day of the month following the date of employment or eligibility, and the county auditor shall make appropriate deductions from the member’s future salary warrant to cover the member’s contributions applicable to the period that the member was deemed to be included in the plan covered by this article. (d) This section shall be applicable to persons eligible for general membership who become employed on or after January 1, 1992, and to persons who were employed prior to January 1, 1992, but who did not become eligible for membership until January 1, 1992, or later. (Added by Stats. 1991, Ch. 1108, Sec. 5. Effective October 14, 1991.)
  99. 31494.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.5. Alternative Plan for Counties with Populations in Excess of Six Million [31487 - 31495.7] ( Article 1.5 added by Stats. 1981, Ch. 910, Sec. 1. )

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    General members may elect to transfer into the retirement plan if they file a proper application with the board; the transfer is voluntary but irrevocable.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.5. Alternative Plan for Counties with Populations in Excess of Six Million [31487 - 31495.7] ( Article 1.5 added by Stats. 1981, Ch. 910, Sec. 1. ) ## 31494. (a) General members may elect to transfer to the retirement plan created by this article upon proper application executed by the member and filed with the board. That transfer is voluntary and shall be irrevocable. (b) The retirement benefits of the transferred members are governed and defined by this article. (c) Transferring members relinquish and waive any and all previously available vested or accrued retirement, survivor, disability and death benefits. However, notwithstanding any other provision of this article, transferring members shall receive credit for public service performed prior to the transfer, including service with the employer, military service, and other public service to which the member would otherwise be eligible under this chapter, except that member contributions shall not be collected. (d) This section shall be operative at any time or times as may be mutually agreed to in memoranda of understanding executed by the employer and employee representatives if the board of supervisors adopts, by majority vote, a resolution declaring that the section shall be operative. (e) This section shall be superseded by Section 31494.2 in any county when Section 31494.2 becomes operative in the county. (Amended by Stats. 2001, Ch. 778, Sec. 5. Effective October 13, 2001.)
  100. 31494.1.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.5. Alternative Plan for Counties with Populations in Excess of Six Million [31487 - 31495.7] ( Article 1.5 added by Stats. 1981, Ch. 910, Sec. 1. )

    Verify source ↗

    General members may transfer from the noncontributory plan to Retirement Plan D by written application and subject to this section’s conditions.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.5. Alternative Plan for Counties with Populations in Excess of Six Million [31487 - 31495.7] ( Article 1.5 added by Stats. 1981, Ch. 910, Sec. 1. ) ## 31494.1. (a) In accordance with the provisions of this section, general members, whose retirement benefits are governed by the noncontributory plan created by this article, may transfer to the contributory plan. Contributory plan shall mean Retirement Plan D. Transfer may be made by election upon written application executed by the member and filed with the board on or before the election date and shall be effective on the transfer date, subject to the terms and conditions set forth in this section. The election date shall be that date identified in the resolution adopted by the board of supervisors declaring this section to be operative. The transfer date shall be that date on which the member completes deposit of all contributions required by Section 31494.3. The election is voluntary and may be revoked upon written notice received by the board prior to the transfer date. (b) The retirement benefits of members electing to transfer and transferred members shall be governed and defined by this section. In the event of conflict, this section shall supersede and prevail over other provisions, or application of provisions, otherwise contained in this article. (c) Transferred members relinquish, waive, and forfeit any and all vested or accrued benefits available under any other retirement plan provided to members of the retirement system, and shall be entitled only to the benefits available under the contributory plan. (d) Transferred members shall receive retirement service credit for that period of service with the employer, for which the members were otherwise eligible to receive credit under the plan created by this article. Transferred members shall also receive retirement service credit for that period of service for which the member made contributions pursuant to Section 31490.5. (e) Transferred members may receive retirement service credit for service other than that with the employer, for which the members were credited or were eligible to receive credit under the plan created by this article, by written application executed by the member and filed with the board on or before the election date. (f) The employer, the members who have elected to transfer, and transferred members shall make contributions to the retirement fund in accordance with the rates, and in the same manner, as prescribed under the contributory plan. The monthly contributions shall commence for the month next following the transfer date or that date 120 days after the election date, whichever is earlier. (g) For purposes of calculating member contributions required under Section 31494.3, the entry age of a transferred member shall be that entry age as reflected in the retirement records maintained on behalf of the board. (h) Failure of a member to deposit the contributions at the time and in the manner required by subdivision (a) of Section 31494.3 shall result in the cancellation of his or her election to transfer. (i) Failure of a member to deposit the contributions at the time and in the manner required by subdivision (b) or (c) of Section 31494.3 shall result in the cancellation and forfeiture of his or her right to elect credit for other service under subdivision (e). (j) Prior to the transfer date, the rights to retirement, disability, survivors, and death benefits of members who have made the election to transfer shall remain the same as defined and governed by this article. If those members die, terminate service, or make application for retirement prior to the transfer date, or fail to deposit all required contributions as required by Section 31494.3, all member contributions and regular interest shall be refunded to the member or member’s survivor. (k) Notwithstanding any other provision contained in this section or Section 31494.3, in the event of the death of a member who has elected to transfer prior to the transfer date, the spouse of the member, or the minor children of the member if no spouse survives the member, may elect to pay the balance of contributions required by Section 31494.3, and if the contributions are deposited in the retirement fund within 120 days after the death of the member, the spouse of the member, or if no spouse survives the member, the minor children of the member, shall be entitled to rights and benefits as if the deceased member had deposited all contributions required by Section 31494.3. (l) Prior to the transfer date, the rights to retirement, disability, survivors, and death benefits of members who have made the election to transfer shall remain the same as defined and governed by this article. If those members die, terminate service, or make application for retirement prior to the transfer date, all member contributions and regular interest shall be refunded to the member or the member’s survivor. (m) This section shall be operative at such time or times as may be mutually agreed to in memoranda of understanding executed by the employer and employee representatives if the board of supervisors adopts, by majority vote, a resolution declaring that the section shall be operative. (Amended by Stats. 2013, Ch. 528, Sec. 17. (SB 13) Effective October 4, 2013.)
  101. 31494.2.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.5. Alternative Plan for Counties with Populations in Excess of Six Million [31487 - 31495.7] ( Article 1.5 added by Stats. 1981, Ch. 910, Sec. 1. )

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    Eligible members covered by Retirement Plan D may elect to move prospectively to Retirement Plan E during active employment, using a signed written application filed with the board during an enrollment period.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.5. Alternative Plan for Counties with Populations in Excess of Six Million [31487 - 31495.7] ( Article 1.5 added by Stats. 1981, Ch. 910, Sec. 1. ) ## 31494.2. (a) A general member whose benefits are governed by Retirement Plan D may, during a period of active employment, elect to change plan membership and become a member, prospectively, in Retirement Plan E. The election shall be made upon written application signed by the member and filed with the board, pursuant to enrollment procedures and during an enrollment period established by the board, which enrollment period shall not occur more frequently than once every three years for that member. The change in plan membership shall be effective as of the transfer date, as defined in subdivision (d). Except as otherwise provided in this section, the rights and obligations of a member who elects to change membership under this section shall be governed by the terms of this article on and after the transfer date. Prior to the transfer date, the rights to retirement, survivors’, or other benefits payable to a member and his or her survivors or beneficiaries shall continue to be governed by Retirement Plan D. (b) Except as otherwise provided in this section, effective as of the transfer date, a member who has transferred to Retirement Plan E pursuant to this section and his or her survivors or beneficiaries shall receive retirement, survivors’, and other benefits that shall consist of: (1) the benefits to which they are entitled under the terms of Retirement Plan E, but based on the member’s service credited only under that plan, and payable at the time and in the manner provided under Retirement Plan E, and (2) the benefits to which they would have been entitled under the terms of Retirement Plan D had the member remained a member of Retirement Plan D, but based on the member’s service credited only under that plan, and payable at the time and in the manner provided under Retirement Plan D. Except as otherwise provided in this section, the calculation of the member’s, survivors’, or beneficiaries’ benefits under each plan shall be subject to that plan’s respective, separate terms, including, but not limited to, the definitions of “final compensation” and provisions establishing cost-of-living adjustments, establishing minimum retirement age and service requirements, and governing integration with federal social security payments. Notwithstanding the foregoing, the aggregate service credited under both retirement plans shall be taken into account for the purpose of determining eligibility for and vesting of benefits under each plan. (c) Notwithstanding any other provision of Retirement Plan D or Retirement Plan E: (1) A member who has transferred to Retirement Plan E pursuant to this section may not retire for disability and receive disability retirement benefits under Retirement Plan D. (2) If a member who has transferred to Retirement Plan E pursuant to this section dies prior to retirement, that member’s survivor or beneficiary may not receive survivor or death benefits under Retirement Plan D but shall receive a refund of the member’s contributions to Retirement Plan D together with all interest credited thereto. (d) As used in this section: (1) “Period of active employment” means a period during which the member is actively performing the duties of a full-time or part-time employee position or is on any authorized paid leave of absence, except a leave of absence during which the member is totally disabled and is receiving, or is eligible to receive, disability benefits, either during or after any elimination or qualifying period, under a disability plan provided by the employer. (2) “Retirement Plan D” means the contributory retirement plan otherwise available to members of the system between June 1, 1979, and December 31, 2012, inclusive. (3) “Retirement Plan E” means the noncontributory retirement plan established under this article. (4) “Transfer date” means the first day of the first month that is at least 30 days after the date that the application is filed with the board to change plan membership under subdivision (a). (e) This section shall only be applicable to Los Angeles County and shall not become operative until the board of supervisors of that county elects, by resolution adopted by a majority vote, to make this section operative in the county. (Amended by Stats. 2016, Ch. 134, Sec. 1. (AB 2376) Effective January 1, 2017. Section conditionally operative by its own provisions.)
  102. 31494.3.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.5. Alternative Plan for Counties with Populations in Excess of Six Million [31487 - 31495.7] ( Article 1.5 added by Stats. 1981, Ch. 910, Sec. 1. )

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    Members who elect to transfer under Section 31494.1 must be given the contribution cost within 90 days and must deposit the required amount into the retirement fund before retirement-related deadlines; the board of retirement sets the payment period by resolution.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.5. Alternative Plan for Counties with Populations in Excess of Six Million [31487 - 31495.7] ( Article 1.5 added by Stats. 1981, Ch. 910, Sec. 1. ) ## 31494.3. (a) Members who have elected to transfer under Section 31494.1 shall be provided within 90 days of the election date the cost of contributions required for that period of all creditable service with the employer prior to the month for which monthly contributions are to commence, as prescribed in subdivision (f) of Section 31494.1, and shall deposit in the retirement fund, the amount hereinafter provided in this subdivision, by lump sum, or regular monthly installments, or both, over the period of time determined by a resolution adopted by a majority vote of the board of retirement, but in any event prior to the date of application for retirement or, if applicable, the date provided in Section 31485.8, the date of termination, or the date of death. The amount shall equal the sum of the contributions a member would have made to the retirement fund for that length of time as that for which the member shall receive credit as service, computed in accordance with the rate of contribution applicable to the member under the contributory plan, based upon entry age, and in the same manner as prescribed under the plan as if the plan had been in effect during the entire period of all creditable service, together with regular interest thereon. (b) All service previously purchased by the member pursuant to Section 31490.5, if any, shall be recalculated in accordance with the rate of contribution applicable to the member under the contributory plan, based upon the entry age, and in the same manner as prescribed under the plan as if the contributory plan had been in effect during the entire period of all creditable service, together with regular interest thereon. All contributions paid by the member pursuant to Section 31490.5, if any, shall be credited toward the amount owed under subdivision (a) and all periods of service credited under the plan created by this article shall be transferred to the contributory plan upon completion of payment of that amount. (c) Any member who applies for service credit under subdivision (e) of Section 31494.1 relating to federal and military service, shall be provided within 90 days of the election date the cost of contribution required for that service, and shall deposit in the retirement fund the amount hereinafter provided in this subdivision by lump sum, or regular monthly installments, or both, over the period of time determined by a resolution adopted by a majority vote of the board of retirement, but in any event prior to the date of application for retirement, date of termination, or death. The amount shall equal the sum of twice the contributions the member would have made to the retirement fund for the length of time as that for which the member has elected to receive credit as service, computed by applying the rate of contribution applicable to the member under the contributory plan, based upon entry age, to the monthly compensation first earnable by the member as of the most recent date of entry into the retirement system, multiplied by the number of months for which the member has elected to receive credit, together with regular interest thereon. (d) Any member who applies for service credit under subdivision (e) of Section 31494.1, relating to prior service as defined in the bylaws of the board, other than qualifying service under Section 31490.5, and public service other than military and federal service, shall be provided within 90 days of the election date the cost of contribution required for that service, and shall deposit in the retirement fund the amount hereinafter provided in this subdivision, by lump sum or regular monthly installments, or both, over the period of time determined by a resolution adopted by a majority vote of the board of retirement, but in any event prior to the date of application for retirement or, if applicable, prior to the date provided in Section 31485.8, the date of termination, or the date of death. The amount shall equal that sum of contributions the member would have made to the retirement fund for the length of time as that for which the member has elected to receive credit as service, calculated in the same manner as prescribed in the bylaws of the board relating to credit for prior service, except that such contribution shall be computed by applying the rate of contribution applicable to the member under the contributory plan, based upon entry age. (e) This section shall be operative in a county at such time or times as may be mutually agreed to in memoranda of understanding executed by the employer and employee representatives if the board of supervisors adopts, by majority vote, a resolution declaring that the section shall be operative in the county. (Amended by Stats. 2006, Ch. 369, Sec. 4. Effective January 1, 2007.)
  103. 31494.5.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.5. Alternative Plan for Counties with Populations in Excess of Six Million [31487 - 31495.7] ( Article 1.5 added by Stats. 1981, Ch. 910, Sec. 1. )

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    A qualifying member in Retirement Plan E may switch to Retirement Plan D during active employment if the member files a signed written application with the board during an approved enrollment period.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.5. Alternative Plan for Counties with Populations in Excess of Six Million [31487 - 31495.7] ( Article 1.5 added by Stats. 1981, Ch. 910, Sec. 1. ) ## 31494.5. (a) A general member whose benefits are governed by Retirement Plan E may, during a period of active employment, elect to change plan membership and become a member, prospectively, in Retirement Plan D. The election shall be made upon written application signed by the member and filed with the board, pursuant to enrollment procedures and during an enrollment period established by the board, which enrollment period shall not occur more frequently than once every three years for that member. The change in plan membership shall be effective as of the transfer date, as defined in subdivision (g). Except as otherwise provided in this section, the rights and obligations of a member who elects to change membership under this section shall be governed by the terms of Retirement Plan D on and after the transfer date. Prior to the transfer date, the rights to retirement, survivors’, or other benefits payable to a member and his or her survivors or beneficiaries shall continue to be governed by Retirement Plan E. (b) If a member has made the election to change plans under subdivision (a), monthly contributions by the member and the employer under the terms of Retirement Plan D shall commence as of the transfer date. For the purposes of calculating the member’s contribution rate under Retirement Plan D, his or her entry age shall be deemed to be his or her age at his or her birthday nearest the transfer date; however, if the member exchanges service credit in accordance with subdivision (c), with regard to contributions made for periods after that exchange, his or her entry age shall be adjusted and deemed to be the member’s age at his or her birthday nearest the date on which begins the most recent period of unbroken service credited under Retirement Plan D, taking into account service purchased under subdivision (c). In no event shall the exchange of service under subdivision (c) affect the entry age with respect to, or the cost of, employee contributions made, or service purchased, prior to the exchange. (c) (1) A general member who has elected to change plans under subdivision (a) also may elect to exchange, at that time or any time thereafter, but prior to the earlier of his or her application for retirement, termination from employment, or death, some portion designated in whole-month increments, or all of the service credited under Retirement Plan E for an equivalent amount of service credited under Retirement Plan D, provided, however, that the member may not exchange less than 12 months’ service or, if less, the total service credited under Retirement Plan E. The exchange shall be effective on the date when the member completes the purchase of that service by depositing in the retirement fund, by lump sum or regular monthly installments, over the period of time determined by a resolution adopted by a majority vote of the board of retirement, or both, but in any event prior to the earlier of his or her death or the date that is 120 days after the effective date of his or her retirement, the sum of: (1) the contributions the member would have made to the retirement fund under Retirement Plan D for that length of time for which the member shall receive credit as service under Retirement Plan D, computed in accordance with the rate of contribution applicable to the member under Retirement Plan D, based upon his or her entry age, and in the same manner prescribed under Retirement Plan D as if that plan had been in effect during the period for which the member shall receive service credit, and (2) the regular interest thereon. (2) For the purposes of this subdivision, a member’s entry age shall be deemed to be the member’s age at his or her birthday nearest the date on which begins the most recent period of unbroken service credited under Retirement Plan D following completion of the service exchange under this subdivision. A member may receive credit for a period of service under only one plan and in no event shall a member receive credit for the same period of service under both Retirement Plan D and Retirement Plan E. (3) A member who fails to complete the purchase of service as required under this subdivision shall be treated as completing an exchange of service under Retirement Plan E for an equivalent amount of service under Retirement Plan D only with regard to the service that actually has been purchased through completed deposit with the retirement fund of the requisite purchase amount, calculated in accordance with this subdivision. (d) Except as otherwise provided in this section, effective as of the transfer date, a member who has transferred to Retirement Plan D pursuant to this section and his or her survivors or beneficiaries shall receive retirement, disability, survivors’, death, or other benefits that shall consist of: (1) the benefits to which they are entitled under the terms of Retirement Plan D, but based on the member’s service credited only under that plan, and payable at the time and in the manner provided under Retirement Plan D, and (2) the benefits to which they would have been entitled under the terms of Retirement Plan E had the member remained a member of Retirement Plan E, but based on the member’s service credited only under that plan, and payable at the time and in the manner provided under Retirement Plan E. Except as otherwise provided in this section, the calculation of the portion of a member’s or beneficiary’s benefit that is attributable to each plan is subject to that plan’s respective, separate terms, including, but not limited to, the definitions of “final compensation” and provisions establishing cost-of-living adjustments, establishing minimum age and service requirements, and governing integration with federal social security payments. Notwithstanding the foregoing, the aggregate service credited under both Retirement Plan D and Retirement Plan E shall be taken into account for the purpose of determining eligibility for, and vesting of, benefits under each plan. (e) Notwithstanding any other provision of Retirement Plan D or Retirement Plan E, a member who transfers into Retirement Plan D under this section may retire for service-connected or nonservice-connected disability and receive disability benefits under Retirement Plan D only if he or she has either (1) completed two continuous years of active service after his or her most recent transfer date, or (2) earned five years of retirement service credit under Retirement Plan D after his or her most recent transfer date. Notwithstanding any other provision to the contrary, a member who becomes disabled and does not meet either of these conditions (1) may apply for and receive only a deferred or service retirement allowance, or (2) may elect to transfer prospectively back to Retirement Plan E, and for the purposes of calculating his or her retirement benefits under this section, shall in lieu of credit under Retirement Plan D be credited with service under Retirement Plan E as provided under subdivision (g) of Section 31488 during any period he or she is totally disabled and is receiving, or eligible to receive, disability benefits, either during or after any elimination or qualifying period, under a disability plan provided by the employer up to the earlier of the date he or she retires or no longer qualifies for disability benefits. If a member dies before he or she is eligible to retire and before completing either two continuous years of active service after the transfer date into Retirement Plan D or after earning five years of retirement service credit under Retirement Plan D after that transfer date, that member’s beneficiary shall not be entitled to the survivor allowance under Section 31781.1 or 31781.12, if operative. (f) Notwithstanding any other provisions of Retirement Plan D or Retirement Plan E, a member who has transferred to Retirement Plan D pursuant to this section and who retires for disability when eligible under this section and Retirement Plan D, may not also retire for service and receive service retirement benefits under Retirement Plan E. However, for the purpose of calculating disability benefits under Retirement Plan D, the “sum to which he or she would be entitled as service retirement” or his or her “service retirement allowance,” as those terms are used in Sections 31726, 31726.5, and 31727.4, shall consist of the blended benefit to which the member would be entitled under subdivision (d) if he or she retired for service, not just the service retirement benefit to which he or she would be entitled under Retirement Plan D. (g) As used in this section: (1) “Active service” means time spent on active, on-the-job performance of the duties of a full-time or part-time position and on any authorized paid leaves of absence; provided, however, that any authorized paid leave of absence or part-time service shall not constitute active service if the leave of absence or part-time service is necessitated by a preexisting disability, injury, or disease. The board of retirement shall determine whether or not a leave of absence or part-time service is necessitated by a preexisting disability, injury, or disease, and thus excluded from the member’s active service, based upon evidence presented by the employer and the member upon request by the board. (2) “Entry age” means the age used for calculating the normal rate of contribution to Retirement Plan D with respect to a member who has transferred membership to Retirement Plan D under this section. (3) “Period of active employment” means a period during which the member is actively performing the duties of a full-time or part-time employee position or is on any authorized paid leave of absence, except a leave of absence during which the member is totally disabled and is receiving, or is eligible to receive, disability benefits, either during or after any elimination or qualifying period, under a disability plan provided by the employer. (4) “Retirement Plan D” means the contributory retirement plan otherwise available to members of the system between June 1, 1979, and December 31, 2012, inclusive. (5) “Retirement Plan E” means the noncontributory retirement plan established under this article. (6) “Transfer date” means the first day of the first month that is at least 30 days after the date that the application is filed with the board to change plan membership under subdivision (a). (h) This section shall only be applicable to Los Angeles County and shall not become operative until the board of supervisors of that county elects, by resolution adopted by a majority vote, to make this section operative in the county. (Amended by Stats. 2016, Ch. 134, Sec. 2. (AB 2376) Effective January 1, 2017. Section conditionally operative by its own provisions.)
  104. 31495.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.5. Alternative Plan for Counties with Populations in Excess of Six Million [31487 - 31495.7] ( Article 1.5 added by Stats. 1981, Ch. 910, Sec. 1. )

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    The board must establish the employer contribution for the plan under this article, based on the actuary’s recommendation, until the next regularly scheduled actuarial survey is completed.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.5. Alternative Plan for Counties with Populations in Excess of Six Million [31487 - 31495.7] ( Article 1.5 added by Stats. 1981, Ch. 910, Sec. 1. ) ## 31495. Until the completion of the next regularly scheduled actuarial survey of the retirement system, the employer contribution required to finance the plan created by this article shall be established by the board, upon the recommendation of the actuary. (Added by Stats. 1981, Ch. 910, Sec. 1. Effective September 28, 1981.)
  105. 31495.5.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.5. Alternative Plan for Counties with Populations in Excess of Six Million [31487 - 31495.7] ( Article 1.5 added by Stats. 1981, Ch. 910, Sec. 1. )

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    This section requires annual COLA increases or decreases for Retirement Plan E allowances and lets members buy an elective COLA for certain service, subject to payment and filing rules.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.5. Alternative Plan for Counties with Populations in Excess of Six Million [31487 - 31495.7] ( Article 1.5 added by Stats. 1981, Ch. 910, Sec. 1. ) ## 31495.5. (a) Notwithstanding any other provision of this article, every retirement allowance or death allowance payable, on or after the operative date of this section, to or on account of any member of Retirement Plan E who retires or dies or who has retired or died shall, as of April 1 each year, be increased or decreased by an amount equal to that member’s automatic COLA, as defined in subdivision (f) and as calculated by the board of retirement before April 1 of each year. No decrease in the cost of living shall reduce an allowance below the amount being received by the member or his or her beneficiary on the effective date of the allowance or the operative date of this section, whichever is later. (b) A Retirement Plan E member may elect to purchase an elective COLA, as defined in subdivision (f), with regard to some portion (designated in whole-month increments) or all of his or her months of Retirement Plan E service earned prior to the operative date of this section. The member may also elect to purchase an elective COLA, as defined in subdivision (f), with regard to some portion (designated in whole-month increments) or all of his or her months of Retirement Plan E service purchased pursuant to Section 31490.5, including service rendered after June 4, 2002, but prior to becoming a member of this system. (c) The election shall be made upon written application signed by the member and filed with the board pursuant to election procedures and during election periods established by the board. The purchase of the elective COLA shall be effective only when the member has paid contributions necessary to purchase the designated amount of service for which he or she shall receive the elective COLA. The amount of required contributions shall be determined by the board, subject to the following: (1) The cost of purchasing service for elective COLA purposes shall be determined by the board of retirement such that no elective COLA liability shall be borne by the county and no diminution in the funding ratio of the system shall result. (2) The cost charged to the member for purchasing the elective COLA service shall be based upon the assumption that the member retires at the age of 65 years. (3) Members may pay for the elective COLA by lump-sum payment or monthly installments over a period to be determined by a resolution adopted by a majority vote of the board of retirement, or both, but in any event prior to the earlier of his or her death or the date that is 120 days after the effective date of his or her retirement. (4) If a member fails to timely complete the purchase of his or her elective COLA, he or she shall receive an elective COLA calculated only with regard to that amount of service actually purchased. (5) If a Retirement Plan E member dies prior to retirement, any contributions made toward the purchase of an elective COLA, and all interest credited thereto, shall be refunded to the deceased member’s surviving spouse or, if there is no surviving spouse, to the deceased member’s surviving child or children under the age of 18 years, divided among those children in equal amounts, or, if there is no surviving spouse or surviving child or children under the age of 18 years, to the deceased member’s estate. (d) If a Retirement Plan E member elects and purchases an elective COLA, then, notwithstanding any other provision of this article, every Retirement Plan E allowance or postretirement death allowance payable on and after the operative date of this section, to or on account of that member who retires or dies or who has retired or died shall, as of April 1 of each year, be increased or decreased by an amount equal to that member’s elective COLA as calculated by the board of retirement before April 1 of each year. No decrease in the cost of living shall reduce an allowance below the amount being received by the member or his or her beneficiary on the effective date of the allowance or this provision, whichever is later. Notwithstanding any other provisions of this section, if a member retires before attaining the age of 65 years, his or her elective COLA shall be actuarially reduced to reflect that earlier retirement age unless, within 120 days after his or her retirement, he or she contributes by lump-sum the amount necessary to complete the purchase of his or her elective COLA as determined by the board. If, upon a member’s retirement, the board of retirement determines that a member has paid more contributions than necessary to purchase his or her elective COLA in accordance with subdivision (b), the member shall receive a refund of those excess contributions and all interest credited thereto. Upon retirement or termination of employment, but before he or she begins receiving his or her elective COLA, a member may revoke his or her election to purchase an elective COLA and receive a refund of any contributions made toward the purchase of the elective COLA and all interest credited thereto. (e) If a Retirement Plan E member or former member is totally disabled, begins receiving disability benefits, other than state-mandated benefits, under a disability plan provided by the employer on or after the operative date of this section, and, on or after that date, his or her employment terminates, then, for purposes of calculating the member’s or former member’s final compensation, his or her predisability compensation, as previously adjusted in accordance with this subdivision and paragraph (5) of subdivision (f), shall, as of April 1 of each year after his or her employment terminates and during a period for which he or she both remains totally disabled and earns “service” within the meaning of subdivision (g) of Section 31488, be increased or decreased by an amount equal to that member’s or former member’s predisability compensation adjustment as calculated by the board of retirement before April 1 of each year. (f) As used in this section: (1) “Automatic COLA” means, with respect to any member of Retirement Plan E, an amount equal to the allowance then being received (including any automatic or elective COLAs previously received), multiplied by a percentage (rounded to the nearest one-tenth of 1 percent) derived by taking the number of months of service the member earned on and after the operative date of this section, dividing by the member’s total months of service, and multiplying by a percentage equal to the lesser of 2 percent or the percentage found by the board of retirement to approximate to the nearest one-half of 1 percent the percentage of annual increase or decrease in the cost of living as of January 1 of each year as shown by the then current CPI, as adjusted for the amount applied from a prior year. For purposes of applying this formula, the amount of any annual cost-of-living increase under the CPI in excess of the 2 percent maximum shall be accumulated and applied in future years in which the annual cost-of-living increase under the CPI is less than the 2 percent maximum. (2) “CPI” means the Bureau of Labor Statistics Consumer Price Index for All Urban Consumers for the area in which the county seat is situated. (3) “Elective COLA” means, with respect to any member of Retirement Plan E, an amount equal to the allowance then being received (including any automatic or elective COLAs previously received), multiplied by a percentage (rounded to the nearest one-tenth of 1 percent) derived by taking the number of months of service the member purchased in accordance with subdivision (b), dividing by the member’s total months of service, and multiplying by a percentage equal to the lesser of 2 percent or the percentage found by the board of retirement to approximate to the nearest one-half of 1 percent the percentage of annual increase or decrease in the cost of living as of January 1 of each year as shown by the then current CPI, as adjusted for the amount applied from a prior year. For purposes of applying this formula, the amount of any annual cost-of-living increase under the CPI in excess of the 2 percent maximum shall be accumulated and applied in future years in which the annual cost-of-living increase under the CPI is less than the 2 percent maximum. (4) “Predisability compensation” means a member’s last 12 months of compensation earnable preceding the date his or her employment terminates while he or she is receiving disability benefits, other than state-mandated benefits, under a disability plan provided by the employer because he or she is totally disabled. The employer shall provide the board of retirement with the information necessary for a member’s predisability compensation to be determined. (5) “Predisability compensation adjustment” means, with respect to any member or former member of Retirement Plan E qualifying under subdivision (e), an amount equal to that member’s or former member’s predisability compensation as previously adjusted under this section, multiplied by a percentage equal to the lesser of 2 percent or the percentage found by the board of retirement to approximate to the nearest one-half of 1 percent the percentage of annual increase or decrease in the cost of living as of January 1, of each year as shown by the then current CPI, as adjusted for the amount applied from a prior year. For the purpose of applying this formula, the amount of any annual cost-of-living increase under the CPI in excess of the 2 percent maximum shall be accumulated and applied in future years in which the annual cost-of-living increase under the CPI is less than the 2 percent maximum. (g) This section shall only be applicable to Los Angeles County and shall not become operative until the board of supervisors of that county elects, by resolution adopted by a majority vote, to make this section operative in the county. (Amended by Stats. 2004, Ch. 533, Sec. 12. Effective January 1, 2005. Section conditionally operative by its own provisions.)
  106. 31495.6.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.5. Alternative Plan for Counties with Populations in Excess of Six Million [31487 - 31495.7] ( Article 1.5 added by Stats. 1981, Ch. 910, Sec. 1. )

    Verify source ↗

    A member may use current, forfeited, and vested membership periods to meet reciprocity requirements for determining age of entry, but this does not apply to retired members.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.5. Alternative Plan for Counties with Populations in Excess of Six Million [31487 - 31495.7] ( Article 1.5 added by Stats. 1981, Ch. 910, Sec. 1. ) ## 31495.6. A member may use current, forfeited, and vested membership periods earned under this chapter when meeting the reciprocity requirements for purposes of determining age of entry, as defined in Sections 31833 and 31833.1. This section shall not apply to members who are retired from this system. (Added by Stats. 2010, Ch. 86, Sec. 4. (AB 1902) Effective January 1, 2011.)
  107. 31495.7.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.5. Alternative Plan for Counties with Populations in Excess of Six Million [31487 - 31495.7] ( Article 1.5 added by Stats. 1981, Ch. 910, Sec. 1. )

    Verify source ↗

    Section 31835.1 applies to a member who is eligible to retire at age 55 under Section 31491.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.5. Alternative Plan for Counties with Populations in Excess of Six Million [31487 - 31495.7] ( Article 1.5 added by Stats. 1981, Ch. 910, Sec. 1. ) ## 31495.7. Section 31835.1 applies to a member eligible to retire at 55 years of age pursuant to Section 31491. This section is declaratory of existing law. (Added by Stats. 2016, Ch. 134, Sec. 3. (AB 2376) Effective January 1, 2017.)
  108. 31496.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.6. Alternative Plan for Counties of the 10th Class [31496 - 31498.7] ( Article 1.6 added by Stats. 1982, Ch. 1381, Sec. 1. )

    Verify source ↗

    This section creates Retirement Plan 3 and says when it applies in a county of the 10th class.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.6. Alternative Plan for Counties of the 10th Class [31496 - 31498.7] ( Article 1.6 added by Stats. 1982, Ch. 1381, Sec. 1. ) ## 31496. (a) The retirement plan created by this article shall be known as Retirement Plan 3. (b) This article shall be applicable in the retirement system of any county of the 10th class, if the board of supervisors executes a memorandum of understanding with employee representatives and adopts, by majority vote, a resolution providing that the article shall be applicable. (c) The purpose of this article is to provide an optional, noncontributory retirement plan for general members as an alternative to the provisions and benefits otherwise contained in this chapter. (d) The retirement benefits of (1) all general members employed after the date this article is made operative and who elect the plan created by this article and (2) existing general members who transfer to the plan herein created, shall be governed by this article. (e) In the event of a conflict, this article shall supersede and prevail over other provisions or application of provisions otherwise contained in this chapter. (f) Except as otherwise provided below, the provisions contained in this chapter shall apply: (1) Article 9 (commencing with Section 31700) of this chapter shall not be applicable. (2) Article 10 (commencing with Section 31720) of this chapter shall not be applicable. (3) Article 11 (commencing with Section 31760) of this chapter shall not be applicable. (4) Article 12 (commencing with Section 31780) of this chapter shall not be applicable. (5) Article 16.5 (commencing with Section 31870) of this chapter shall not be applicable. (g) Article 15 (commencing with Section 31830) shall only be applicable for service retirement. Those provisions of Article 15 dealing with disability retirement, death benefits, and the requirement relating to the deposit of accumulated member contributions shall not be applicable. (h) Except as otherwise provided, any member who upon retirement receives a retirement pension calculated in accordance with sections or provisions added to this article subsequent to the effective date of this article shall have his or her pension calculated under each such section or provision only for the period of time that those sections or provisions were in effect, unless otherwise mutually agreed between the employer and its employee representatives. (i) Any amendments to or modifications of this chapter subsequent to the effective date of this article shall not affect the provisions of this article unless mutually agreed to by the employer and employee representatives and adopted by majority resolution of the board of supervisors. (Added by Stats. 1982, Ch. 1381, Sec. 1.)
  109. 31496.3.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.6. Alternative Plan for Counties of the 10th Class [31496 - 31498.7] ( Article 1.6 added by Stats. 1982, Ch. 1381, Sec. 1. )

    Verify source ↗

    This section defines key retirement terms, including board, employer, member, final compensation, primary insurance amount, and service.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.6. Alternative Plan for Counties of the 10th Class [31496 - 31498.7] ( Article 1.6 added by Stats. 1982, Ch. 1381, Sec. 1. ) ## 31496.3. Unless the context otherwise requires, the definitions contained in this section govern the construction of this article. (a) “Board” means the board of retirement. (b) “Employer” means the county or district or agency whose employees are members of the retirement system of the county. (c) “Federal system” means the Old Age and Survivors Insurance provisions of the Social Security Act. (d) “Final compensation” means the average annual compensation earnable by a general member during any three years, whether or not consecutive, elected by the member at or before the time an application for retirement is filed or, if no election is made, during the three years in which the member or former member last earned compensation preceding retirement. If a member or former member has less than three years of service, final compensation shall be determined by dividing total compensation by the number of months of service credited to the member or former member and multiplying by 12. In no event shall final compensation include any disability benefits received by the member or former member under a disability plan provided by the employer. (e) “Member” or “general member” means an employee hired on a permanent basis, as defined by the employer, except an employee eligible for safety membership. (f) “Primary insurance amount” means the monthly retirement benefit payable under the federal system at the age of 65. (g) “Service” means the period of uninterrupted employment of a member and the time in which a member or former member (1) is totally disabled, and (2) is receiving disability benefits or is eligible to receive disability benefits either during or after any elimination or qualifying period, under a disability plan provided by the employer. Except as provided, a member may not be credited with service for any period of time in which the member is absent from work without pay. Unless otherwise provided, service may not include military service or public service other than service with the employer. Notwithstanding any other provision of this chapter, a member who has elected or transferred to the plan created by this article and who terminates for any reason and is later reemployed shall receive Plan 3 credit for his or her service rendered prior to termination. (Amended by Stats. 2003, Ch. 96, Sec. 2. Effective January 1, 2004.)
  110. 31496.7.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.6. Alternative Plan for Counties of the 10th Class [31496 - 31498.7] ( Article 1.6 added by Stats. 1982, Ch. 1381, Sec. 1. )

    Verify source ↗

    The plan may not collect general members’ contributions, and a transferring member must receive a refund of accumulated contributions plus interest within nine months at most.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.6. Alternative Plan for Counties of the 10th Class [31496 - 31498.7] ( Article 1.6 added by Stats. 1982, Ch. 1381, Sec. 1. ) ## 31496.7. (a) There shall be no general members’ contributions under the plan created by this article. (b) A member who transfers to the retirement plan created by this article shall have refunded, within a reasonable period of time, not to exceed nine months from the date of receipt of election to transfer by the board, the member’s accumulated contributions, together with interest thereon, which are credited to the member’s account. Interest shall be credited to the June 30 or December 31 date, whichever is later, immediately preceding the date of the refund warrant. Any refund under this section shall be payable to the member. (Added by Stats. 1982, Ch. 1381, Sec. 1.)
  111. 31497.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.6. Alternative Plan for Counties of the 10th Class [31496 - 31498.7] ( Article 1.6 added by Stats. 1982, Ch. 1381, Sec. 1. )

    Verify source ↗

    A member generally cannot get retirement credit for public service performed before becoming a member, except as allowed by Section 31498.3 or reciprocal provisions. The section also says certain absences and limited leaves do not break service continuity, but unpaid leave time is not counted as service for benefit calculations.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.6. Alternative Plan for Counties of the 10th Class [31496 - 31498.7] ( Article 1.6 added by Stats. 1982, Ch. 1381, Sec. 1. ) ## 31497. (a) Except as provided in Section 31498.3 and under reciprocal provisions of this article, a member who was in public service prior to becoming a member may not elect to receive credit in this retirement plan for that public service time, and shall not receive credit for that prior public service. (b) Absence from work or termination of employment while an eligible employee or disability beneficiary, as defined by a disability plan provided by the employer, shall not be considered as breaking the continuity of service. (c) For the purposes of subdivision (b) of Section 31497.3, an unpaid leave of absence of not to exceed one year, or a leave of absence for which an employee receives any benefit which has been approved by the employer, shall not be considered an interruption of service. However, the period of time of unpaid leave shall not be considered as service in calculating the benefits otherwise provided under this article. (Added by Stats. 1982, Ch. 1381, Sec. 1.)
  112. 31497.3.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.6. Alternative Plan for Counties of the 10th Class [31496 - 31498.7] ( Article 1.6 added by Stats. 1982, Ch. 1381, Sec. 1. )

    Verify source ↗

    This section sets retirement rules for eligible county retirement system members, including when the board must retire them, when members may apply for normal or early retirement, how pensions are calculated, and what proof must be provided.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.6. Alternative Plan for Counties of the 10th Class [31496 - 31498.7] ( Article 1.6 added by Stats. 1982, Ch. 1381, Sec. 1. ) ## 31497.3. (a) Retirement of a member or former member who has met the requirements for age and service shall be made by the board, at which time the member or former member becomes a retired member. (b) Any member who has completed 10 years of service shall be vested under the plan created by this article. (c) Any vested member or vested former member who has attained the age of 65 years may be retired upon filing with the board a written application on a form provided by the board for normal retirement setting forth the desired effective retirement date. (d) Any vested member or vested former member who has attained the age of 55 years may be retired upon filing with the board a written application on a form provided by the board for early retirement setting forth the desired effective retirement date. (e) The normal retirement pension shall consist of an annual allowance payable in monthly installments for the life of the retired member equal to 2 percent of his or her final compensation multiplied by the number of years of service to the preceding completed month to which the member is entitled to be credited at retirement, not to exceed 35 years, added to 1 percent of the member’s final compensation multiplied by the number of years of service in excess of 35, not to exceed 10 years, reduced by the estimated primary insurance amount, if any, multiplied by the fraction of the number of years of service with the employer subject to coverage under the federal system, not to exceed 35 years, divided by 35. In no event shall the normal retirement pension, when added to the estimated primary insurance amount, exceed 70 percent of the member’s final compensation unless the years of service to which the member is entitled to be credited at retirement exceeds 35, in which case the normal retirement pension, when added to the estimated primary insurance amount, shall not exceed 80 percent of the member’s final compensation. (f) The early retirement pension shall consist of an annual allowance payable in monthly installments for the life of the retired member in an amount which is the actuarial equivalent of the normal retirement pension to which the retired member would be entitled if otherwise eligible for normal retirement, which shall be computed by multiplying the normal retirement pension by the early retirement adjustment factor set forth opposite the member’s age as of the birthday immediately preceding the date of retirement, in the following table: Age ERA Factor 55 ........................ .39 56 ........................ .43 57 ........................ .47 58 ........................ .51 59 ........................ .56 60 ........................ .61 61 ........................ .67 62 ........................ .74 63 ........................ .82 64 ........................ .90 The ERA Factors set forth in this subdivision shall be used until adjusted by the board in accordance with the interest and mortality tables adopted by the board. (g) The board, upon the advice of the actuary, shall establish and adjust, as required, the table of estimated primary insurance amounts, which shall be utilized in computing the retirement benefit. For purposes of this article, the primary insurance amount shall be estimated based on the employee’s age and salary as of the date of retirement or the date of termination of a vested member, whichever is applicable, provided that: (1) An employee’s prior career earnings shall be assumed to have been subject to the federal system and to have increased on a year-to-year basis at a rate equivalent to the rate of increase in the average per worker total wages reported by the Social Security Administration, and (2) For those members who have not attained the normal retirement age under the federal system as of the date of retirement (i) future earnings in employment covered by the federal system shall be assumed to continue at the rate of pay received by the employee from the employer as of the date of retirement or the date of termination of a vested member, whichever is applicable, and (ii) future wage bases, as defined by the federal system, shall be assumed to continue at the wage base in effect in the year of retirement or the year of termination of a vested member, whichever is applicable, and (iii) cost-of-living increases in the year of retirement and delayed retirement credit provided under the federal system shall not be included in the calculation of the estimated primary insurance amount. (h) The employer shall certify the years of service to be credited at retirement and the final compensation to be utilized in computing the normal and early retirement pension. (i) At the time of application for retirement, the member or former member shall provide adequate proof (1) of age and (2) of the eligibility of persons, if any, who at that time would otherwise qualify for the survivor allowance provided for in Section 31497.7. (j) Notwithstanding subdivision (e) of Section 31497.3, any retired member receiving a normal retirement pension shall, as soon as possible but not later than six months following retirement, present evidence required by the board of the retired member’s actual primary insurance amount. For purposes of this subdivision, the actual primary insurance amount shall be the amount payable under the federal system on the retired member’s date of retirement without regard to delayed retirement credit or any deductions on account of work. Following receipt of that evidence, the board shall adjust the retired member’s pension from the date of retirement to equal the amount of the pension to which he or she would have been entitled on that date had the estimated primary insurance amount equaled the actual primary insurance amount. (Added by Stats. 1982, Ch. 1381, Sec. 1.)
  113. 31497.7.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.6. Alternative Plan for Counties of the 10th Class [31496 - 31498.7] ( Article 1.6 added by Stats. 1982, Ch. 1381, Sec. 1. )

    Verify source ↗

    The provision sets survivor pension rules for a retired county member’s spouse and children, and allows a vested member to elect an optional survivor allowance arrangement.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.6. Alternative Plan for Counties of the 10th Class [31496 - 31498.7] ( Article 1.6 added by Stats. 1982, Ch. 1381, Sec. 1. ) ## 31497.7. (a) Upon the death of a retired member, 50 percent of the retirement pension, if not modified in accordance with the optional survivor allowance in subdivision (b), shall be continued during and throughout the life of his or her surviving spouse, if he or she was married to the member at least one year prior to the date of retirement. If there is no surviving spouse entitled to this allowance, or if he or she dies before every child of the deceased retired member, including stepchild or adopted child, attains the age of 18 years, then the allowance which the surviving spouse would have received had she or he lived, shall be paid to the deceased retired member’s child or children under the age of 18 years. If the survivor allowance is to be paid to surviving children, the allowance shall be divided among the children in equal amounts. However, the right of any child to share in the allowance shall cease upon his or her death, marriage, or upon attaining the age of 18 years. Notwithstanding any other provisions of this subdivision, the allowance otherwise payable to the children of the retired member shall be paid to the children through the age of 21, if the children remain unmarried and are regularly enrolled as full-time students in any accredited school as determined by the board. (b) A vested member, or vested former member, in lieu of the normal or early retirement pension for the retired member’s life alone, may elect to have the actuarial equivalent of the retired member’s pension as of the date of retirement applied to a lesser amount payable throughout the retired member’s life, and thereafter to have a survivor allowance as approved by the board, upon the advice of the actuary, continued throughout the life of and paid to the person or persons having an insurable interest in the life of the retired member, as the member or former member nominates by written designation duly executed and filed with the board at the time of retirement. (c) Designations pursuant to subdivision (b) shall not, in the opinion of the board and the actuary, place any additional burden upon the retirement system. (Added by Stats. 1982, Ch. 1381, Sec. 1.)
  114. 31498.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.6. Alternative Plan for Counties of the 10th Class [31496 - 31498.7] ( Article 1.6 added by Stats. 1982, Ch. 1381, Sec. 1. )

    Verify source ↗

    New employees who would otherwise become members must certify their retirement-plan election to the board within 60 days, and the employer must provide a disclosure of the available plan elements before accepting the election.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.6. Alternative Plan for Counties of the 10th Class [31496 - 31498.7] ( Article 1.6 added by Stats. 1982, Ch. 1381, Sec. 1. ) ## 31498. (a) Any person employed subsequent to the effective date of this article who would otherwise qualify as a member shall not become a member until he or she certifies to the board his or her election to be covered by the retirement plan established by this article or to be covered by the retirement provisions and benefits otherwise available to members on the date preceding the effective date of this article. As a condition of continued employment, the certification shall be made within 60 days of employment. The employer shall make available to the person a disclosure of the elements of each of the available retirement plans prior to accepting his or her election. (b) If the person does not elect to be covered by either Retirement Plan 2 or Retirement Plan 3 within 60 days of employment, the person shall automatically be covered by Retirement Plan 2 and no certification shall be required. (Amended by Stats. 1992, Ch. 707, Sec. 4. Effective September 15, 1992.)
  115. 31498.3.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.6. Alternative Plan for Counties of the 10th Class [31496 - 31498.7] ( Article 1.6 added by Stats. 1982, Ch. 1381, Sec. 1. )

    Verify source ↗

    General members may elect to transfer to the plan within 180 days, but transferring members lose prior vested benefits and accept limits on credited service.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.6. Alternative Plan for Counties of the 10th Class [31496 - 31498.7] ( Article 1.6 added by Stats. 1982, Ch. 1381, Sec. 1. ) ## 31498.3. (a) General members may, within 180 days of the effective date of this article, elect to transfer to the retirement plan created by this article upon proper application executed by the member and filed with the board. (b) The retirement benefits of the transferred members are governed and defined by this article. (c) Transferring members relinquish and waive any and all previously available vested or accrued retirement, survivor, disability and death benefits. However, notwithstanding any other provision of this article, a transferring member shall receive credit for no more than 24 months of public service performed prior to December 31, 1969, including service with the employer, military service, and any other public service to which the member would otherwise be eligible under this chapter, except that member contributions shall not be collected. (d) The transfer by the member is voluntary, and shall be irrevocable, unless the board of supervisors, by resolution, authorizes Retirement Plan 3 members to transfer to Retirement Plan 2, under terms and conditions specified in the resolution. These terms may include, but are not limited to, an eligibility provision based on the number of years in county service, a provision for crediting service in Retirement Plan 2 only for that service rendered after adoption of the resolution, or an eligibility provision allowing members to transfer to Retirement Plan 2 all county service rendered under Retirement Plan 3 provided the member deposits into the retirement fund within a specified time an amount equal to the contributions he or she would have made during that time, had he or she been a member of Retirement Plan 2, together with regular interest on that amount. The resolution may establish different conditions for different job classifications or groups, and for represented bargaining units, conditions mutually agreed upon by the employer and the employee representative. The board of supervisors may also establish any other conditions it deems necessary or desirable. (e) Any member who has elected or transferred to the plan created by this article and who terminates his or her employment and is later reemployed shall not be entitled to change his or her election upon that reemployment, unless a resolution, enacted by the board of supervisors subsequent to the member’s election to transfer to the new plan, so provides. (Amended by Stats. 1991, Ch. 344, Sec. 2. Effective August 6, 1991. Applicable as of March 1, 1991, pursuant to Sec. 3 of Ch. 344.)
  116. 31498.7.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.6. Alternative Plan for Counties of the 10th Class [31496 - 31498.7] ( Article 1.6 added by Stats. 1982, Ch. 1381, Sec. 1. )

    Verify source ↗

    Until the next regularly scheduled actuarial survey is completed, the board establishes the employer contribution for the plan, based on the actuary’s recommendation.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.6. Alternative Plan for Counties of the 10th Class [31496 - 31498.7] ( Article 1.6 added by Stats. 1982, Ch. 1381, Sec. 1. ) ## 31498.7. Until the completion of the next regularly scheduled actuarial survey of the retirement system, the employer contribution required to finance the plan created by this article shall be established by the board, upon the recommendation of the actuary. (Added by Stats. 1982, Ch. 1381, Sec. 1.)
  117. 31499.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.7. Alternative Plan for Counties of the 25th Class [31499 - 31499.9] ( Article 1.7 added by Stats. 1983, Ch. 558, Sec. 4. )

    Verify source ↗

    This section names the plan “Retirement Plan 3” and says it applies to retirement systems of 25th class counties only if the board of supervisors signs an MOU with employee representatives and adopts a majority resolution.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.7. Alternative Plan for Counties of the 25th Class [31499 - 31499.9] ( Article 1.7 added by Stats. 1983, Ch. 558, Sec. 4. ) ## 31499. (a) The retirement plan created by this article shall be known as Retirement Plan 3. (b) This article shall be applicable in the retirement system of any county of the 25th class as described by Section 28046, if the board of supervisors executes a memorandum of understanding with employee representatives and adopts, by majority vote, a resolution providing that the article shall be applicable. (c) The purpose of this article is to provide an optional, noncontributory retirement plan for general members as an alternative to the provisions and benefits otherwise contained in this chapter. (d) The retirement benefits of (1) all general members employed after the date this article is made operative and who elect the plan created by this article and (2) existing general members who transfer to the plan herein created, shall be governed by this article. (e) In the event of a conflict, this article shall supersede and prevail over other provisions or application of provisions otherwise contained in this chapter. (f) Except as otherwise provided below, the provisions contained in this chapter shall apply: (1) Article 9 (commencing with Section 31700) of this chapter shall not be applicable. (2) Article 10 (commencing with Section 31720) of this chapter shall not be applicable. (3) Article 11 (commencing with Section 31760) of this chapter shall not be applicable. (4) Article 12 (commencing with Section 31780) of this chapter shall not be applicable. (5) Article 16.5 (commencing with Section 31870) of this chapter shall not be applicable. (g) Article 15 (commencing with Section 31830) shall only be applicable for service retirement. Those provisions of Article 15 dealing with disability retirement, death benefits, and the requirement relating to the deposit of accumulated member contributions shall not be applicable. (h) Except as otherwise provided, any member who upon retirement receives a retirement pension calculated in accordance with sections or provisions added to this article subsequent to the effective date of this article shall have his or her pension calculated under each such section or provision only for the period of time that those sections or provisions were in effect, unless otherwise mutually agreed between the employer and its employee representatives. (i) Unless specifically otherwise provided therein, no amendment to this article enacted subsequent to the effective date of this article shall apply to any county or to the employees of any county unless and until mutually agreed to by the employer and employee representatives and adopted by majority resolution of the board of supervisors. (Added by Stats. 1983, Ch. 558, Sec. 4. Effective July 28, 1983.)
  118. 31499.1.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.7. Alternative Plan for Counties of the 25th Class [31499 - 31499.9] ( Article 1.7 added by Stats. 1983, Ch. 558, Sec. 4. )

    Verify source ↗

    This section defines key terms used in the article, including board, employer, federal system, final compensation, member, primary insurance amount, and service.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.7. Alternative Plan for Counties of the 25th Class [31499 - 31499.9] ( Article 1.7 added by Stats. 1983, Ch. 558, Sec. 4. ) ## 31499.1. Unless the context otherwise requires, the definitions contained in this section govern the construction of this article. (a) “Board” means the board of retirement. (b) “Employer” means the county or district or agency whose employees are members of the retirement system of the county. (c) “Federal system” means the Old Age and Survivors Insurance provisions of the Social Security Act. (d) “Final compensation” means the average annual compensation earnable by a general member during any three years, whether or not consecutive, elected by the member at or before the time an application for retirement is filed or, if no election is made, during the three years in which the member or former member last earned compensation preceding retirement. If a member or former member has less than three years of service, final compensation shall be determined by dividing total compensation by the number of months of service credited to the member or former member and multiplying by 12. In no event shall final compensation include any disability benefits received by the member or former member under a disability plan provided by the employer. (e) “Member” or “general member” means an employee hired on a permanent basis, as defined by the employer, except an employee eligible for safety membership. (f) “Primary insurance amount” means the monthly retirement benefit payable under the federal system at the age of 65. (g) “Service” means the period of uninterrupted employment of a member and the time in which a member or former member (1) is totally disabled, and (2) is receiving disability benefits or is eligible to receive disability benefits either during or after any elimination or qualifying period, under a disability plan provided by the employer. Except as otherwise herein provided, a member shall not be credited with service for any period of time in which the member is absent from work without pay. Unless otherwise provided, service shall not include military service or public service other than service with the employer. (Added by Stats. 1983, Ch. 558, Sec. 4. Effective July 28, 1983.)
  119. 31499.10.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.8. Alternative Optional, Integrated, Noncontributory Plan for Counties of the 20th Class [31499.10 - 31499.19] ( Article 1.8 added by Stats. 1985, Ch. 175, Sec. 1. )

    Verify source ↗

    This section creates Retirement Plan 3 and makes it available in a county of the 20th class only if the board of supervisors approves it by majority resolution.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.8. Alternative Optional, Integrated, Noncontributory Plan for Counties of the 20th Class [31499.10 - 31499.19] ( Article 1.8 added by Stats. 1985, Ch. 175, Sec. 1. ) ## 31499.10. (a) The retirement plan created by this article shall be known as Retirement Plan 3. (b) This article shall be applicable in the retirement system of any county of the 20th class as described by Section 28041, if the board of supervisors adopts, by majority vote, a resolution providing that the article shall be applicable. (c) The purpose of this article is to provide an optional, noncontributory retirement plan for general members as an alternative to the provisions and benefits otherwise contained in this chapter. (d) The retirement benefits of (1) all general members employed after the date this article is made operative and who elect the plan created by this article and (2) existing general members who transfer to the plan created by this article, shall be governed by this article. (e) In the event of a conflict, this article shall supersede and prevail over other provisions or application of provisions otherwise contained in this chapter. (f) Except as otherwise provided below, the provisions contained in this chapter shall apply: (1) Article 9 (commencing with Section 31700) of this chapter shall not be applicable. (2) Article 10 (commencing with Section 31720) of this chapter shall not be applicable. (3) Article 11 (commencing with Section 31760) of this chapter shall not be applicable. (4) Article 12 (commencing with Section 31780) of this chapter shall not be applicable. (5) Article 16.5 (commencing with Section 31780) of this chapter shall not be applicable. (g) Article 15 (commencing with Section 31830) shall only be applicable for service retirement. Those provisions of Article 15 dealing with disability retirement, death benefits, and the requirement relating to the deposit of accumulated member contributions shall not be applicable. (h) Except as otherwise provided, any member who upon retirement receives a retirement pension calculated in accordance with sections or provisions added to this article subsequent to the effective date of this article shall have his or her pension calculated under each such section or provision only for the period of time that those sections or provisions were in effect, unless otherwise mutually agreed between the employer and its employee representatives. (i) Unless specifically otherwise provided, no amendment to this article subsequent to the effective date of this article shall apply to any county or to the employees of any county unless mutually agreed to by the employer and emloyee representatives and adopted by majority resolution of the board of supervisors. (Added by Stats. 1985, Ch. 175, Sec. 1.)
  120. 31499.11.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.8. Alternative Optional, Integrated, Noncontributory Plan for Counties of the 20th Class [31499.10 - 31499.19] ( Article 1.8 added by Stats. 1985, Ch. 175, Sec. 1. )

    Verify source ↗

    This section defines key retirement-plan terms and says a member cannot be credited with service for time absent from work without pay, except as otherwise provided.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.8. Alternative Optional, Integrated, Noncontributory Plan for Counties of the 20th Class [31499.10 - 31499.19] ( Article 1.8 added by Stats. 1985, Ch. 175, Sec. 1. ) ## 31499.11. Unless the context otherwise requires, the definitions contained in this section govern the construction of this article. (a) “Board” means the board of retirement. (b) “Employer” means the county or district or agency whose employees are members of the retirement system of the county. (c) “Federal system” means the Old Age and Survivors Insurance provisions of the Social Security Act. (d) “Final compensation” means the average annual compensation earnable by a general member during any three years, whether or not consecutive, for a person who became a general member of the plan prior to January 1, 2013, or, for a person who became a general member of the plan on or after January 1, 2013, final compensation means the average annual compensation earnable by a general member during any 36 consecutive months, to be elected by the member at or before the time an application for retirement is filed, or, if no election is made, during the three years in which the member or former member last earned compensation preceding retirement. If a member or former member has less than three years of service, final compensation shall be determined by dividing total compensation by the number of months of service credited to the member or former member and multiplying by 12. In no event shall final compensation include any disability benefits received by the member or former member under a disability plan provided by the employer. (e) “Member” or “general member” means an employee hired on a permanent basis, as defined by the employer, except an employee eligible for safety member. (f) “Primary insurance amount” means the monthly retirement benefit payable under the federal system at the age of 65. (g) “Service” means the period of uninterrupted employment of a member and the time in which a member or former member (1) is totally disabled, and (2) is receiving disability benefits or is eligible to receive disability benefits either during or after any elimination or qualifying period, under a disability plan provided by the employer. (h) Except as otherwise provided in this article, a member shall not be credited with service for any period of time in which the member is absent from work without pay. (i) Unless otherwise provided, service shall not include military service or public service other than service with the employer. (Amended by Stats. 2013, Ch. 247, Sec. 14. (AB 1380) Effective January 1, 2014.)
  121. 31499.12.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.8. Alternative Optional, Integrated, Noncontributory Plan for Counties of the 20th Class [31499.10 - 31499.19] ( Article 1.8 added by Stats. 1985, Ch. 175, Sec. 1. )

    Verify source ↗

    General members do not make contributions under this plan, and members who transfer into it get their accumulated contributions plus interest refunded within nine months. Prior public service usually cannot be credited, and certain absences or leave do not break service continuity.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.8. Alternative Optional, Integrated, Noncontributory Plan for Counties of the 20th Class [31499.10 - 31499.19] ( Article 1.8 added by Stats. 1985, Ch. 175, Sec. 1. ) ## 31499.12. (a) (1) Except as otherwise provided in Section 31499.13, there shall be no general members’ contributions under the plan created by this article. (2) A member who transfers to the retirement plan created by this article shall have refunded, within a reasonable period of time, not to exceed nine months from the date of receipt of election to transfer by the board, the member’s accumulated contributions, together with interest thereon, which are credited to the member’s account. Interest shall be credited to the June 30 or December 31 date, whichever is later, immediately preceding the date of the refund warrant. Any refund under this section shall be payable to the member. (b) (1) Except as provided in Sections 31499.13 and 31499.17 and under reciprocal provisions of this article, a member who was in public service prior to becoming a member may not elect to receive credit in this retirement plan for the public service time, and may not receive credit for that prior public service. (2) Absence from work or termination of employment while an eligible employee or disability beneficiary, as defined by a disability plan provided by the employer, may not be considered as breaking the continuity of service. (3) For the purposes of subdivision (b) of Section 31499.14, an unpaid leave of absence of not to exceed one year, or a leave of absence for which an employee received any benefit that has been approved by the employer, may not be considered an interruption of service. However, the period of time of unpaid leave may not be considered as service in calculating the benefits otherwise provided under this article. (Amended by Stats. 2004, Ch. 533, Sec. 16. Effective January 1, 2005.)
  122. 31499.13.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.8. Alternative Optional, Integrated, Noncontributory Plan for Counties of the 20th Class [31499.10 - 31499.19] ( Article 1.8 added by Stats. 1985, Ch. 175, Sec. 1. )

    Verify source ↗

    An active member may elect to buy prior county service credit by written notice, but must pay the required amount before retirement; the credit cannot be used for certain retirement or benefit qualifications.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.8. Alternative Optional, Integrated, Noncontributory Plan for Counties of the 20th Class [31499.10 - 31499.19] ( Article 1.8 added by Stats. 1985, Ch. 175, Sec. 1. ) ## 31499.13. (a) An active member governed by the provisions of this article may elect, by written notice filed with the board, to make contributions and receive credit in this retirement system for service with the county that was rendered prior to his or her current membership in the system and for which he or she would not otherwise be entitled to receive credit pursuant to this article. (b) Notwithstanding any other provision of this chapter, service credit received by a member pursuant to this section may not be counted to meet the minimum qualifications for service or disability retirement, additional cost-of-living benefits, health care benefits, or any other benefits based on service credit. (c) Any member who elects to make contributions and receive service credit pursuant to this section shall contribute to the retirement fund, prior to the effective date of his or her retirement or, if applicable, prior to the date provided in Section 31485.7, by lump-sum payment or by installment payments over a period not to exceed 10 years, an amount that is equal to the present value of the additional liability incurred by the system in crediting the prior service, based upon actuarial assumptions in effect for the retirement system at the time the election is made. (d) No member may receive any service credit under this section for which he or she has not completed payment pursuant to subdivision (c) before the effective date of his or her retirement or, if applicable, before the date provided in Section 31485.7. Subject to the limitations of federal law, a member who has elected to make payments in installments may complete payment by lump sum at any time prior to the effective date of his or her retirement. (e) Any sums paid by a member pursuant to this section shall be considered to be and administered as contributions by the member. (f) This section is not operative until the board of supervisors elects, by resolution adopted by a majority vote, to make this section operative in the county. (Repealed and added by Stats. 2004, Ch. 533, Sec. 18. Effective January 1, 2005.)
  123. 31499.14.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.8. Alternative Optional, Integrated, Noncontributory Plan for Counties of the 20th Class [31499.10 - 31499.19] ( Article 1.8 added by Stats. 1985, Ch. 175, Sec. 1. )

    Verify source ↗

    This section sets when members can retire, how pension amounts are calculated, and what proof and filings are required with the board.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.8. Alternative Optional, Integrated, Noncontributory Plan for Counties of the 20th Class [31499.10 - 31499.19] ( Article 1.8 added by Stats. 1985, Ch. 175, Sec. 1. ) ## 31499.14. (a) Retirement of a member or former member who has met the requirements for age and service shall be made by the board, at which time the member or former member becomes a retired member. (b) Any member who has completed 10 years of service shall be vested under the plan created by this article. (c) Any member who is not vested, whose employment terminated, and who is then reemployed shall not receive credit for his or her previous service credited under Plan 3, provided, that the service was rendered in Plan 3. (d) Any vested member or vested former member who has attained the age of 65 years may be retired upon filing with the board a written application on a form provided by the board for normal retirement setting forth the desired effective retirement date. (e) Any vested member or vested former member who has attained the age of 55 years may be retired upon filing with the board a written application on a form provided by the board for early retirement setting forth the desired effective retirement date. (f) The normal retirement pension shall consist of an annual allowance payable in monthly installments for the life of the retired member equal to 2 percent of his or her final compensation multiplied by the number of years of service to the preceding completed month to which the member is entitled to be credited at retirement, not to exceed 35 years, added to 1 percent of the member’s final compensation multiplied by the number of years of service in excess of 35, not to exceed 20 years, reduced by the estimated primary insurance amount, if any, multiplied by the fraction of the number of years of service with the employer subject to coverage under the federal system, not to exceed 35 years, divided by 35. In no event shall the normal retirement pension, when added to the estimated primary insurance amount, exceed 70 percent of the member’s final compensation unless the years of service to which the member is entitled to be credited at retirement exceeds 35, in which case the normal retirement pension, when added to the estimated primary insurance amount, shall not exceed 80 percent of the member’s final compensation. (g) The early retirement pension shall consist of an annual allowance payable in monthly installments for the life of the retired member in an amount which is the actuarial equivalent of the normal retirement pension to which the retired member would be entitled if otherwise eligible for normal retirement, which shall be computed by multiplying the normal retirement pension by the early retirement adjustment factor set forth opposite the member’s age as of the birthday immediately preceding the date of retirement in the following table: Age ERA factor 55 ........................ .39 56 ........................ .43 57 ........................ .47 58 ........................ .51 59 ........................ .56 60 ........................ .61 61 ........................ .67 62 ........................ .74 63 ........................ .82 64 ........................ .90 The early retirement adjustment factor set forth in this subdivision shall be used until adjusted by the board in accordance with the interest and mortality tables adopted by the board. (h) The board, upon the advice of the actuary, shall establish and adjust, as required, the table of estimated primary insurance amounts, which shall be utilized in computing the retirement benefit. For purposes of this article, the primary insurance amount shall be estimated based on the employee’s age and salary as of the date of retirement or the date of termination of a vested member, whichever is applicable, provided that: (1) An employee’s prior career earnings shall be assumed to have been subject to the federal system and to have increased on a year-to-year basis at a rate equivalent to the rate of increase in the average per worker total wages reported by the Social Security Administration, and (2) For those members who have not attained the normal retirement age under the federal system as of the date of retirement (A) future earnings in employment covered by the federal system shall be assumed to continue at the rate of pay received by the employee from the employer as of the date of retirement or the date of termination of a vested member, whichever is applicable, and (B) future wage bases, as defined by the federal system, shall be assumed to continue at the wage base in effect in the year of retirement or the year of termination of a vested member, whichever is applicable, and (C) cost-of-living increases in the year of retirement and delayed retirement credit provided under the federal system shall not be included in the calculation of the estimated primary insurance amount. (i) The employer shall certify the years of service to be credited at retirement and the final compensation to be utilized in computing the normal and early retirement pension. (j) At the time of application for retirement, the member or former member shall provide adequate proof (1) of age and (2) of the eligibility of persons, if any, who at that time would otherwise qualify for the survivor allowance provided for in Section 31499.15. (k) Notwithstanding subdivision (f), any retired member receiving a normal retirement pension shall, as soon as possible but not later than six months following retirement, present evidence required by the board of the retired member’s actual primary insurance amount. For purposes of this subdivision, the actual primary insurance amount shall be the amount payable under the federal system on the retired member’s date of retirement without regard to delayed retirement credit or any deductions on account of work. Following receipt of that evidence, the board shall adjust the retired member’s pension from the date of retirement to equal the amount of the pension to which he or she would have been entitled on that date had the estimated primary insurance amount equaled the actual primary insurance amount. (Added by Stats. 1985, Ch. 175, Sec. 1.)
  124. 31499.15.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.8. Alternative Optional, Integrated, Noncontributory Plan for Counties of the 20th Class [31499.10 - 31499.19] ( Article 1.8 added by Stats. 1985, Ch. 175, Sec. 1. )

    Verify source ↗

    This section sets survivor pension rules for a retired member’s spouse, children, and optional beneficiary designation.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.8. Alternative Optional, Integrated, Noncontributory Plan for Counties of the 20th Class [31499.10 - 31499.19] ( Article 1.8 added by Stats. 1985, Ch. 175, Sec. 1. ) ## 31499.15. (a) Upon the death of a retired member, 50 percent of the retirement pension, if not modified in accordance with the optional survivor allowance in subdivision (b), shall be continued during and throughout the life of his or her surviving spouse, if he or she was married to the member at least one year prior to the date of retirement. If there is no surviving spouse entitled to this allowance, or if he or she dies before every child of the deceased retired member, including stepchild or adopted child, attains the age of 18 years, then the allowance which the surviving spouse would have received had he or she lived, shall be paid to the deceased retired member’s child or children under the age of 18 years. If the survivor allowance is to be paid to surviving children, the allowance shall be divided among the children in equal amounts. However, the right of any child to share in the allowance shall cease upon his or her death, marriage, or upon attaining the age of 18 years. Notwithstanding any other provisions of this subdivision, the allowance otherwise payable to the children of the retired member shall be paid to the children through the age of 21, if the children remain unmarried and are regularly enrolled as full-time students in any accredited school as determined by the board. (b) A vested member, or vested former member, in lieu of the normal or early retirement pension for the retired member’s life alone, may elect to have the actuarial equivalent of the retired member’s pension as of the date of retirement applied to a lesser amount payable throughout the retired member’s life, and thereafter to have a survivor allowance as approved by the board, upon the advice of the actuary, continued throughout the life of and paid to the person or persons having an insurable interest in the life of the retired member, as the member or former member nominates by written designation duly executed and filed with the board at the time of retirement. (c) No designation pursuant to subdivision (b) shall, in the opinion of the board and the actuary, place any additional actuarial cost burden upon the retirement system. (Added by Stats. 1985, Ch. 175, Sec. 1.)
  125. 31499.16.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.8. Alternative Optional, Integrated, Noncontributory Plan for Counties of the 20th Class [31499.10 - 31499.19] ( Article 1.8 added by Stats. 1985, Ch. 175, Sec. 1. )

    Verify source ↗

    New eligible employees must certify their retirement-plan election to the board within 60 days of employment, and the employer must provide a disclosure of the available retirement plans before accepting the election.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.8. Alternative Optional, Integrated, Noncontributory Plan for Counties of the 20th Class [31499.10 - 31499.19] ( Article 1.8 added by Stats. 1985, Ch. 175, Sec. 1. ) ## 31499.16. Any person employed subsequent to the effective date of this article who would otherwise qualify as a member shall not become a member until he or she certifies to the board his or her election to be covered by the retirement plan established by this article or to be covered by the retirement provisions and benefits otherwise available to members on the date preceding the effective date of this article. As a condition of continued employment, the certification shall be made within 60 days of employment. The employer shall make available to the person a disclosure of the elements of each of the available retirement plans prior to accepting his or her election. (Added by Stats. 1985, Ch. 175, Sec. 1.)
  126. 31499.17.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.8. Alternative Optional, Integrated, Noncontributory Plan for Counties of the 20th Class [31499.10 - 31499.19] ( Article 1.8 added by Stats. 1985, Ch. 175, Sec. 1. )

    Verify source ↗

    General members may transfer to the new retirement plan within 180 days if they file a proper application; transferred members give up prior retirement-related benefits, and some later reemployment or service-credit changes are restricted unless the board authorizes otherwise.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.8. Alternative Optional, Integrated, Noncontributory Plan for Counties of the 20th Class [31499.10 - 31499.19] ( Article 1.8 added by Stats. 1985, Ch. 175, Sec. 1. ) ## 31499.17. (a) General members may, within 180 days of the effective date of this article, elect to transfer to the retirement plan created by this article upon proper application executed by the member and filed with the board. (b) The retirement benefits of the transferred members are governed and defined by this article. (c) Transferring members relinquish and waive any and all previously available vested or accrued retirement, survivor, disability and death benefits. All transferring members whose contributions for public service have been refunded to them shall not receive credit for that service. (d) Any member who selects Retirement Plan 3 upon reentering into county service and who has not received credit as a Plan 3 member for previous county service, may elect to repurchase his or her previous service by redepositing his or her withdrawn contributions, plus interest, from date of termination, and shall then receive credit for that service under the plan status at the time of original employment. (e) Any member who has elected or transferred to the plan created by this article and who terminates his or her employment and is later reemployed shall not be entitled to change his or her election upon that reemployment, unless a resolution, enacted by the board of supervisors subsequent to the member’s election to transfer to the new plan, so provides. (f) A plan transfer by a member is voluntary and shall be irrevocable, unless the board of supervisors, by resolution, authorizes Retirement Plan 3 members to transfer to a retirement plan authorized under Article 8 (commencing with Section 31670), under the terms and conditions specified in the resolution. The terms may include, but are not limited to, (1) an eligibility provision based on the number of years in county service, or (2) a provision for crediting service in the plan which (A) the member transfers to only for that service rendered after adoption of the resolution or (B) an eligibility provision that, for the purposes of Article 10 (commencing with Section 31720), considers years in county service from the date the member transfers to a new plan unless the prior county service credit is restored, or both. The resolution may establish different service credit conditions for various job classifications or groups, or for various represented bargaining units, different conditions agreed upon by the employer and the employee representative, or both. The board of supervisors may also establish other conditions it deems necessary or desirable. (Amended by Stats. 2001, Ch. 784, Sec. 1.5. Effective October 13, 2001.)
  127. 31499.18.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.8. Alternative Optional, Integrated, Noncontributory Plan for Counties of the 20th Class [31499.10 - 31499.19] ( Article 1.8 added by Stats. 1985, Ch. 175, Sec. 1. )

    Verify source ↗

    Until the next regularly scheduled actuarial survey is completed, the board must set the employer contribution for the plan, based on the actuary’s recommendation.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.8. Alternative Optional, Integrated, Noncontributory Plan for Counties of the 20th Class [31499.10 - 31499.19] ( Article 1.8 added by Stats. 1985, Ch. 175, Sec. 1. ) ## 31499.18. Until the completion of the next regularly scheduled actuarial survey of the retirement system, the employer contribution required to finance the plan created by this article shall be established by the board, upon the recommendation of the actuary. (Added by Stats. 1985, Ch. 175, Sec. 1.)
  128. 31499.19.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.8. Alternative Optional, Integrated, Noncontributory Plan for Counties of the 20th Class [31499.10 - 31499.19] ( Article 1.8 added by Stats. 1985, Ch. 175, Sec. 1. )

    Verify source ↗

    If part of this article is held invalid, the rest of the article remains effective.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.8. Alternative Optional, Integrated, Noncontributory Plan for Counties of the 20th Class [31499.10 - 31499.19] ( Article 1.8 added by Stats. 1985, Ch. 175, Sec. 1. ) ## 31499.19. If any provision of this article, or the application thereof, to any person or circumstances, is held invalid, the invalidity shall not affect other provisions or application of the article which can be given effect without the invalid provisions or application and, to this end the provisions of this article are severable. (Added by Stats. 1985, Ch. 175, Sec. 1.)
  129. 31499.2.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.7. Alternative Plan for Counties of the 25th Class [31499 - 31499.9] ( Article 1.7 added by Stats. 1983, Ch. 558, Sec. 4. )

    Verify source ↗

    This section requires the board to refund a transferring member’s accumulated contributions and interest within up to nine months, and it limits when prior public service can be credited.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.7. Alternative Plan for Counties of the 25th Class [31499 - 31499.9] ( Article 1.7 added by Stats. 1983, Ch. 558, Sec. 4. ) ## 31499.2. (a) (1) Except as otherwise provided in Section 31499.3, there shall be no general members’ contributions under the plan created by this article. (2) A member who transfers to the retirement plan created by this article shall have refunded, within a reasonable period of time, not to exceed nine months from the date of receipt of election to transfer by the board, the member’s accumulated contributions, together with interest thereon, which are credited to the member’s account. Interest shall be credited to the June 30 or December 31 date, whichever is later, immediately preceding the date of the refund warrant. Any refund under this section shall be payable to the member. (b) (1) Except as provided in Sections 31499.3 and 31499.7 and under reciprocal provisions of this article, a member who was in public service prior to becoming a member may not elect to receive credit in this retirement plan for that public service time, and may not receive credit for that prior public service. (2) Absence from work or termination of employment while an eligible employee or disability beneficiary, as defined by a disability plan provided by the employer, may not be considered as breaking the continuity of service. (3) For the purposes of subdivision (b) of Section 31499.4, an unpaid leave of absence of not to exceed one year, or a leave of absence for which an employee receives any benefit which has been approved by the employer, may not be considered an interruption of service. However, the period of time of unpaid leave may not be considered as service in calculating the benefits otherwise provided under this article. (Amended by Stats. 2004, Ch. 533, Sec. 13. Effective January 1, 2005.)
  130. 31499.3.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.7. Alternative Plan for Counties of the 25th Class [31499 - 31499.9] ( Article 1.7 added by Stats. 1983, Ch. 558, Sec. 4. )

    Verify source ↗

    An active member may elect to buy prior county service credit by written notice, but must pay the required amount before retirement; unpaid credit cannot be used for certain benefits, and the section only operates if the board of supervisors makes it operative.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.7. Alternative Plan for Counties of the 25th Class [31499 - 31499.9] ( Article 1.7 added by Stats. 1983, Ch. 558, Sec. 4. ) ## 31499.3. (a) An active member governed by the provisions of this article may elect, by written notice filed with the board, to make contributions and receive credit in this retirement system for service with the county that was rendered prior to his or her current membership in the system and for which he or she would not otherwise be entitled to receive credit pursuant to this article. (b) Notwithstanding any other provision of this chapter, service credit received by a member pursuant to this section may not be counted to meet the minimum qualifications for service or disability retirement, additional cost-of-living benefits, health care benefits, or any other benefits based on service credit. (c) Any member who elects to make contributions and receive service credit pursuant to this section shall contribute to the retirement fund, prior to the effective date of his or her retirement or, if applicable, prior to the date provided in Section 31485.7, by lump-sum payment or by installment payments over a period not to exceed 10 years, an amount that is equal to the present value of the additional liability incurred by the system in crediting the prior service, based upon actuarial assumptions in effect for the retirement system at the time the election is made. (d) No member may receive any service credit under this section for which he or she has not completed payment pursuant to subdivision (c) before the effective date of his or her retirement or, if applicable, before the date provided in Section 31485.7. Subject to the limitations of federal law, a member who has elected to make payments in installments may complete payment by lump sum at any time prior to the effective date of his or her retirement. (e) Any sums paid by a member pursuant to this section shall be considered to be and administered as contributions by the member. (f) This section is not operative until the board of supervisors elects, by resolution adopted by a majority vote, to make this section operative in the county. (Repealed and added by Stats. 2004, Ch. 533, Sec. 15. Effective January 1, 2005.)
  131. 31499.4.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.7. Alternative Plan for Counties of the 25th Class [31499 - 31499.9] ( Article 1.7 added by Stats. 1983, Ch. 558, Sec. 4. )

    Verify source ↗

    This section sets retirement rules, benefit calculations, and filing requirements for eligible members and former members.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.7. Alternative Plan for Counties of the 25th Class [31499 - 31499.9] ( Article 1.7 added by Stats. 1983, Ch. 558, Sec. 4. ) ## 31499.4. (a) Retirement of a member or former member who has met the requirements for age and service shall be made by the board, at which time the member or former member becomes a retired member. (b) Any member who has completed 10 years of service shall be vested under the plan created by this article. (c) Any vested member or vested former member who has attained the age of 65 years may be retired upon filing with the board a written application on a form provided by the board for normal retirement setting forth the desired effective retirement date. (d) Any vested member or vested former member who has attained the age of 55 years may be retired upon filing with the board a written application on a form provided by the board for early retirement setting forth the desired effective retirement date. (e) The normal retirement pension shall consist of an annual allowance payable in monthly installments for the life of the retired member equal to 2 percent of his or her final compensation multiplied by the number of years of service to the preceding completed month to which the member is entitled to be credited at retirement, not to exceed 35 years, added to 1 percent of the member’s final compensation multiplied by the number of years of service in excess of 35, not to exceed 10 years, reduced by the estimated primary insurance amount, if any, multiplied by the fraction of the number of years of service with the employer subject to coverage under the federal system, not to exceed 35 years, divided by 35. In no event shall the normal retirement pension, when added to the estimated primary insurance amount, exceed 70 percent of the member’s final compensation unless the years of service to which the member is entitled to be credited at retirement exceeds 35, in which case the normal retirement pension, when added to the estimated primary insurance amount, shall not exceed 80 percent of the member’s final compensation. (f) The early retirement pension shall consist of an annual allowance payable in monthly installments for the life of the retired member in an amount which is the actuarial equivalent of the normal retirement pension to which the retired member would be entitled if otherwise eligible for normal retirement, which shall be computed by multiplying the normal retirement pension by the early retirement adjustment factor set forth opposite the member’s age as of the birthday immediately preceding the date of retirement, in the following table: Age ERA Factor 55 ........................ .39 56 ........................ .43 57 ........................ .47 58 ........................ .51 59 ........................ .56 60 ........................ .61 61 ........................ .67 62 ........................ .74 63 ........................ .82 64 ........................ .90 The ERA Factors set forth in this subdivision shall be used until adjusted by the board in accordance with the interest and mortality tables adopted by the board. (g) The board, upon the advice of the actuary, shall establish and adjust, as required, the table of estimated primary insurance amounts, which shall be utilized in computing the retirement benefit. For purposes of this article, the primary insurance amount shall be estimated based on the employee’s age and salary as of the date of retirement or the date of termination of a vested member, whichever is applicable, provided that: (1) An employee’s prior career earnings shall be assumed to have been subject to the federal system and to have increased on a year-to-year basis at a rate equivalent to the rate of increase in the average per worker total wages reported by the Social Security Administration, and (2) For those members who have not attained the normal retirement age under the federal system as of the date of retirement (i) future earnings in employment covered by the federal system shall be assumed to continue at the rate of pay received by the employee from the employer as of the date of retirement or the date of termination of a vested member, whichever is applicable, and (ii) future wage bases, as defined by the federal system, shall be assumed to continue at the wage base in effect in the year of retirement or the year of termination of a vested member, whichever is applicable, and (iii) cost-of-living increases in the year of retirement and delayed retirement credit provided under the federal system shall not be included in the calculation of the estimated primary insurance amount. (h) The employer shall certify the years of service to be credited at retirement and the final compensation to be utilized in computing the normal and early retirement pension. (i) At the time of application for retirement, the member or former member shall provide adequate proof (1) of age and (2) of the eligibility of persons, if any, who at that time would otherwise qualify for the survivor allowance provided for in Section 31499.8. (j) Notwithstanding subdivision (e) of Section 31499.4, any retired member receiving a normal retirement pension shall, as soon as possible but not later than six months following retirement, present evidence required by the board of the retired member’s actual primary insurance amount. For purposes of this subdivision, the actual primary insurance amount shall be the amount payable under the federal system on the retired member’s date of retirement without regard to delayed retirement credit or any deductions on account of work. Following receipt of that evidence, the board shall adjust the retired member’s pension from the date of retirement to equal the amount of the pension to which he or she would have been entitled on that date had the estimated primary insurance amount equaled the actual primary insurance amount. (Added by Stats. 1983, Ch. 558, Sec. 4. Effective July 28, 1983.)
  132. 31499.5.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.7. Alternative Plan for Counties of the 25th Class [31499 - 31499.9] ( Article 1.7 added by Stats. 1983, Ch. 558, Sec. 4. )

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    When a retired member dies, a surviving spouse may receive 50% of the pension for life if the marriage lasted at least one year before retirement; otherwise, eligible children can receive the allowance, subject to age and student-status rules. A vested member or vested former member may choose a reduced pension with a survivor allowance, if the board approves it.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.7. Alternative Plan for Counties of the 25th Class [31499 - 31499.9] ( Article 1.7 added by Stats. 1983, Ch. 558, Sec. 4. ) ## 31499.5. (a) Upon the death of a retired member, 50 percent of the retirement pension, if not modified in accordance with the optional survivor allowance in subdivision (b), shall be continued during and throughout the life of his or her surviving spouse, if he or she was married to the member at least one year prior to the date of retirement. If there is no surviving spouse entitled to this allowance, or if he or she dies before every child of the deceased retired member, including stepchild or adopted child, attains the age of 18 years, then the allowance which the surviving spouse would have received had she or he lived, shall be paid to the deceased retired member’s child or children under the age of 18 years. If the survivor allowance is to be paid to surviving children, the allowance shall be divided among the children in equal amounts. However, the right of any child to share in the allowance shall cease upon his or her death, marriage, or upon attaining the age of 18 years. Notwithstanding any other provisions of this subdivision, the allowance otherwise payable to the children of the retired member shall be paid to the children through the age of 21, if the children remain unmarried and are regularly enrolled as full-time students in any accredited school as determined by the board. (b) A vested member, or vested former member, in lieu of the normal or early retirement pension for the retired member’s life alone, may elect to have the actuarial equivalent of the retired member’s pension as of the date of retirement applied to a lesser amount payable throughout the retired member’s life, and thereafter to have a survivor allowance as approved by the board, upon the advice of the actuary, continued throughout the life of and paid to the person or persons having an insurable interest in the life of the retired member, as the member or former member nominates by written designation duly executed and filed with the board at the time of retirement. (c) Designations pursuant to subdivision (b) shall not, in the opinion of the board and the actuary, place any additional burden upon the retirement system. (Added by Stats. 1983, Ch. 558, Sec. 4. Effective July 28, 1983.)
  133. 31499.6.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.7. Alternative Plan for Counties of the 25th Class [31499 - 31499.9] ( Article 1.7 added by Stats. 1983, Ch. 558, Sec. 4. )

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    New employees who would otherwise qualify as members cannot become members until they certify their retirement-plan election to the board, and the certification must be made within 60 days of employment.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.7. Alternative Plan for Counties of the 25th Class [31499 - 31499.9] ( Article 1.7 added by Stats. 1983, Ch. 558, Sec. 4. ) ## 31499.6. Any person employed subsequent to the effective date of this article who would otherwise qualify as a member shall not become a member until he or she certifies to the board his or her election to be covered by the retirement plan established by this article or to be covered by the retirement provisions and benefits otherwise available to members on the date preceding the effective date of this article. As a condition of continued employment, the certification shall be made within 60 days of employment. The employer shall make available to the person a disclosure of the elements of each of the available retirement plans prior to accepting his or her election. (Added by Stats. 1983, Ch. 558, Sec. 4. Effective July 28, 1983.)
  134. 31499.7.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.7. Alternative Plan for Counties of the 25th Class [31499 - 31499.9] ( Article 1.7 added by Stats. 1983, Ch. 558, Sec. 4. )

    Verify source ↗

    General members may apply to transfer into the plan within 180 days, but the transfer is irrevocable.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.7. Alternative Plan for Counties of the 25th Class [31499 - 31499.9] ( Article 1.7 added by Stats. 1983, Ch. 558, Sec. 4. ) ## 31499.7. (a) General members may, within 180 days of the effective date of this article, elect to transfer to the retirement plan created by this article upon proper application executed by the member and filed with the board. Such transfer is voluntary and shall be irrevocable. (b) The retirement benefits of the transferred members are governed and defined by this article. (c) Transferring members relinquish and waive any and all previously available vested or accrued retirement, survivor, disability and death benefits. However, notwithstanding any other provision of this article, a transferring member shall receive credit for no more than 24 months of public service performed prior to December 31, 1969, including service with the employer, military service, and any other public service to which the member would otherwise be eligible under this chapter, except that member contributions shall not be collected. (d) Any member who has elected or transferred to the plan created by this article and who terminates his or her employment and is later reemployed shall not be entitled to change his or her election upon such reemployment. (Added by Stats. 1983, Ch. 558, Sec. 4. Effective July 28, 1983.)
  135. 31499.8.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.7. Alternative Plan for Counties of the 25th Class [31499 - 31499.9] ( Article 1.7 added by Stats. 1983, Ch. 558, Sec. 4. )

    Verify source ↗

    Until the next regularly scheduled actuarial survey is completed, the board establishes the employer contribution for the plan, based on the actuary’s recommendation.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.7. Alternative Plan for Counties of the 25th Class [31499 - 31499.9] ( Article 1.7 added by Stats. 1983, Ch. 558, Sec. 4. ) ## 31499.8. Until the completion of the next regularly scheduled actuarial survey of the retirement system, the employer contribution required to finance the plan created by this article shall be established by the board, upon the recommendation of the actuary. (Added by Stats. 1983, Ch. 558, Sec. 4. Effective July 28, 1983.)
  136. 31499.9.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.7. Alternative Plan for Counties of the 25th Class [31499 - 31499.9] ( Article 1.7 added by Stats. 1983, Ch. 558, Sec. 4. )

    Verify source ↗

    If part of this article is held invalid, the rest still applies if it can work without the invalid part.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1.7. Alternative Plan for Counties of the 25th Class [31499 - 31499.9] ( Article 1.7 added by Stats. 1983, Ch. 558, Sec. 4. ) ## 31499.9. If any provision of this article, or the application thereof, to any person or circumstances, is held invalid, the invalidity shall not affect other provisions or application of the article which can be given effect without the invalid provisions or application and, to this end the provisions of this article are severable. (Added by Stats. 1983, Ch. 558, Sec. 4. Effective July 28, 1983.)
  137. 31500.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Establishment of System [31500 - 31509] ( Article 2 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    A county retirement system can be established by ordinance accepting the chapter, either by a majority vote of electors or by a four-fifths vote of the board of supervisors.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Establishment of System [31500 - 31509] ( Article 2 added by Stats. 1947, Ch. 424. ) ## 31500. A retirement system is established in any county for eligible officers and employees by the adoption of an ordinance, accepting this chapter, by: (a) A majority vote of the electors voting on the proposition at a special or general election; or (b) A four-fifths vote of the board of supervisors. (Added by Stats. 1947, Ch. 424.)
  138. 31501.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Establishment of System [31500 - 31509] ( Article 2 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    The chapter takes effect in a county on January 1 or July 1 after the ordinance is adopted, and not earlier than 60 days after adoption.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Establishment of System [31500 - 31509] ( Article 2 added by Stats. 1947, Ch. 424. ) ## 31501. This chapter becomes operative in any county on either January 1st or July 1st following the adoption of the ordinance, as specified in the ordinance, but not sooner than 60 days after its adoption. (Added by Stats. 1947, Ch. 424.)
  139. 31502.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Establishment of System [31500 - 31509] ( Article 2 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    A qualifying governing board or committee may make this chapter effective by resolution, and then the institution’s employees become members of the designated county retirement system.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Establishment of System [31500 - 31509] ( Article 2 added by Stats. 1947, Ch. 424. ) ## 31502. This chapter may be made effective by a resolution adopted by a majority of the governing board or committee of any institution operated by two or more counties, or by a majority of the governing board or committee of any district as defined in subdivision (c) of Section 31468, if one of the counties involved in the operation of the institution has adopted its provisions, or, in the case of a district as defined in subdivision (c) of Section 31468, if one of the counties comprising the organization or association has adopted its provisions. Upon the adoption of the resolution the employees of the institution shall become members of the retirement system of the county designated by the governing board or committee of the institution, and all contributions made by the employees and by the institution shall be paid into the county retirement system of the county selected. The governing board or committee shall cause to be paid to the county operating the retirement system, the institution’s proportionate share of the cost of operation of the system. (Amended by Stats. 1949, Ch. 1338.)
  140. 31503.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Establishment of System [31500 - 31509] ( Article 2 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    A retirement system created under this chapter replaces any earlier county pension system.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Establishment of System [31500 - 31509] ( Article 2 added by Stats. 1947, Ch. 424. ) ## 31503. A retirement system established pursuant to this chapter shall supersede any previously established county pension system. (Amended by Stats. 1953, Ch. 789.)
  141. 31505.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Establishment of System [31500 - 31509] ( Article 2 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    A superseded retirement system’s assets and records become the assets and records of this retirement system. If the superseded system was not established under Chapter 4 or 5, it must be left enough assets, using tables adopted by the board of supervisors, to pay all retirement payments or annuities to people already retired under that system.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Establishment of System [31500 - 31509] ( Article 2 added by Stats. 1947, Ch. 424. ) ## 31505. The assets and records of a superseded system shall become the assets and records of this retirement system, but there shall be left to the superseded system not established pursuant to either Chapter 4 or Chapter 5, sufficient assets, according to tables adopted by the board of supervisors, to pay all retirement payments or annuities to persons who have been retired under the superseded retirement system. (Amended by Stats. 1951, Ch. 1098.)
  142. 31506.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Establishment of System [31500 - 31509] ( Article 2 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    Previously retired members of the superseded system are entitled to receive the full amount of their retirement payments or annuities for life.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Establishment of System [31500 - 31509] ( Article 2 added by Stats. 1947, Ch. 424. ) ## 31506. All previously retired members of the superseded system shall be paid for their respective lives the full amount of the retirement payments or annuities to which they are entitled. (Added by Stats. 1947, Ch. 424.)
  143. 31507.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Establishment of System [31500 - 31509] ( Article 2 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    The retirement board must determine the assets needed for Section 31506, and the county must annually appropriate any additional sum needed if that amount is insufficient.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Establishment of System [31500 - 31509] ( Article 2 added by Stats. 1947, Ch. 424. ) ## 31507. The retirement board created by this chapter shall determine the amount and kind of assets necessary to meet the requirements of Section 31506, and if the amount so determined proves insufficient, the county shall annually appropriate the sum necessary to fulfill the requirements. (Added by Stats. 1947, Ch. 424.)
  144. 31508.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Establishment of System [31500 - 31509] ( Article 2 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    The board must administer the assets, and any leftover assets from the superseded system must be transferred into the retirement fund.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Establishment of System [31500 - 31509] ( Article 2 added by Stats. 1947, Ch. 424. ) ## 31508. The assets shall be administered solely by the board subject to the provisions of this chapter as to the custody, investment, and disbursement of the retirement fund. If there are assets of the superseded system remaining after the termination of all liabilities of the superseded system, the remaining assets shall be transferred to and become part of the retirement fund. (Added by Stats. 1947, Ch. 424.)
  145. 31509.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Establishment of System [31500 - 31509] ( Article 2 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    A qualifying member may withdraw special contributions plus interest, or leave them in the system as additional contributions. If the member chooses withdrawal, written notice must be sent to the board within 90 days after the system’s effective date.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2. Establishment of System [31500 - 31509] ( Article 2 added by Stats. 1947, Ch. 424. ) ## 31509. A member who has made special contributions to a superseded system shall have the option of withdrawing such special contributions together with interest thereon, following the transfer of contributions to this system, or of permitting the contributions to remain as additional contributions to this system. Any member electing to make such withdrawal shall do so by written notice addressed to the board within 90 days after the effective date of this system. (Added by Stats. 1947, Ch. 424.)
  146. 31510.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2.1. Additional Plan for Counties of the First Class [31510 - 31510.4] ( Article 2.1 added by Stats. 1989, Ch. 1300, Sec. 1. )

    Verify source ↗

    This section makes the article apply to county retirement system members in counties of the first class and covers certain employers. It also says some benefit rules depend on Internal Revenue Code Section 415 and that conflicting provisions are overridden.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2.1. Additional Plan for Counties of the First Class [31510 - 31510.4] ( Article 2.1 added by Stats. 1989, Ch. 1300, Sec. 1. ) ## 31510. (a) This article shall be applicable to all members of the retirement system of any county of the first class, as defined by Section 28020, as amended by Chapter 1204 of the Statutes of 1971, and Section 28022, as amended by Chapter 43 of the Statutes of 1961. (b) The purpose of this article is to provide a defined contribution plan which, in conjunction with retirement benefit provisions otherwise contained in this chapter, will provide approximately the same level of retirement benefits to persons who first become members on or after January 1, 1990, and are subject to the limitations set forth in Section 415 of the Internal Revenue Code of 1986, as they would receive under the other retirement benefit provisions in the absence of those limitations, while not affecting the rate of either member or employer contributions to the retirement system. In addition, it is intended that subdivisions (c) and (d) constitute an election under Section 415(b)(10)(C) of the Internal Revenue Code of 1986 with respect to all retirement plans within the retirement system. (c) Notwithstanding any other provision of this part, the benefits payable to any person who first becomes a member on or after January 1, 1990, shall be subject to the limitations set forth in Section 415 of the Internal Revenue Code of 1986, as adjusted pursuant to Section 415(d)(1)(A) and (B). (d) Notwithstanding any other law, the benefits payable to any person who first became a member prior to January 1, 1990, shall not be subject to the limitations set forth in Section 415(b) of the Internal Revenue Code of 1986, except to the extent required by subsection (b)(10)(A) of Section 415. (e) The election described in subdivision (b) shall apply to all employers whose employees are members of the retirement system of the county on December 31, 1989. (f) The retirement benefits of all persons who first become members of the retirement system on or after January 1, 1990, and participate in Safety Plan B or General Plan D shall be governed by this chapter applicable to those plans and by this article. (g) Subdivisions (c) and (d) shall not become operative until the board of supervisors has taken the actions required by subdivision (a) of Section 31510.2. (h) In the event of a conflict, this article shall supersede and prevail over other provisions or application of provisions otherwise contained in this chapter. (Added by Stats. 1989, Ch. 1300, Sec. 1. Effective October 1, 1989.)
  147. 31510.1.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2.1. Additional Plan for Counties of the First Class [31510 - 31510.4] ( Article 2.1 added by Stats. 1989, Ch. 1300, Sec. 1. )

    Verify source ↗

    This section defines terms used in the article, including Board, Employer, General Plan F, Plan F, Prior plan, and Safety Plan F.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2.1. Additional Plan for Counties of the First Class [31510 - 31510.4] ( Article 2.1 added by Stats. 1989, Ch. 1300, Sec. 1. ) ## 31510.1. Unless the context otherwise requires, the definitions contained in this section govern the construction of this article. (a) “Board” means the board of retirement. (b) “Employer” means the county, district, or agency whose employees are members of the retirement system of the county. (c) “General Plan F” means the defined contribution plan established in accordance with this article for the benefit of certain members of General Plan D. (d) “Plan F” means General Plan F and Safety Plan F, collectively. (e) “Prior plan” means Safety Plan B or General Plan D, as the context requires. (f) “Safety Plan F” means the defined contribution plan established in accordance with this article for the benefit of certain members in Safety Plan B. (Added by Stats. 1989, Ch. 1300, Sec. 1. Effective October 1, 1989.)
  148. 31510.2.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2.1. Additional Plan for Counties of the First Class [31510 - 31510.4] ( Article 2.1 added by Stats. 1989, Ch. 1300, Sec. 1. )

    Verify source ↗

    County boards must set up two defined contribution retirement plans and coordinate them with employee representatives, while eligible members move into the new plans and certain benefits are converted or paid out under plan F rules.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2.1. Additional Plan for Counties of the First Class [31510 - 31510.4] ( Article 2.1 added by Stats. 1989, Ch. 1300, Sec. 1. ) ## 31510.2. (a) The board of supervisors of any county subject to this article shall establish two defined contribution retirement plans authorized by Section 401 of the Internal Revenue Code of 1986. The terms of the plans shall be mutually agreed to by the employer and employee representatives of affected employees prior to adoption or amendment by the board of supervisors. The plans shall be known as General Plan F and Safety Plan F and are referred to collectively as plan F. (b) Any general member described in subdivision (f) of Section 31510 shall participate in General Plan F, and any safety member described in subdivision (f) of Section 31510 shall participate in Safety Plan F, after commencement of his or her participation in the prior plan. (c) The board, upon the advice of the actuary, shall determine the portion of the member contributions otherwise required under the prior plan that shall be credited to plan F in lieu of being credited to the other plan. In doing so, the board shall provide for the level of contributions to plan F that is the minimum amount sufficient to satisfy the purposes set forth in subdivision (b) of Section 31510. (d) The right of the member to benefits derived from member contributions vests under plan F upon the commencement of participation in plan F. (e) If a member or beneficiary becomes entitled to receive a benefit in the form of an annuity under the terms of the prior plan, the member’s account in plan F shall be converted to the same form of annuity as is payable to the member or beneficiary from the prior plan. The amount of the annuity payable under the prior plan, calculated prior to the application of this article (including the limitations set forth in Section 415 of the Internal Revenue Code of 1986), shall be reduced by the amount of the annuity generated under plan F as described in the preceding sentence. The amount payable from plan F shall be paid at the same time and in the same manner as the annuity payable from the prior plan and may be provided through an annuity contract purchased from an insurance company, at the discretion of the board. Notwithstanding the foregoing, if the member’s account in plan F does not exceed three thousand five hundred dollars ($3,500), it shall be paid to the member or beneficiary as a lump-sum payment, in lieu of the benefit otherwise payable under plan F. (f) If a member or beneficiary becomes entitled to receive the member’s accumulated contributions and interest from the prior plan, the member or beneficiary shall receive the member’s account balance from plan F consisting of the member’s accumulated contributions and actual earnings at the same time and in the same manner. (g) In applying the limitations set forth in Section 415 of the Internal Revenue Code of 1986, benefits or annual additions in qualified retirement plans maintained by an employer separate from the retirement system shall be reduced first. Any additional reduction shall be made to the benefits from plans within the retirement system other than plan F, and then lastly to the annual addition to plan F. (h) Plan F shall be administered in accordance with subsection (a) of Section 401 of the Internal Revenue Code of 1986 and the Treasury Regulations issued thereunder. The plan shall state that it is intended to be a profit-sharing plan wherein contributions are determined without regard to current or accumulated profits. (i) For the purpose of this article, the term “annuity” means the combined benefit provided by an annuity, as defined in Section 31457, and the pension, as defined in Section 31471. (j) To the extent any county subject to this article terminates General Plan F or Safety Plan F, or both of them, with respect to any group of members and in accordance with their terms and adopts a replacement benefits program under Section 31899.4 for those members in lieu of that plan or plans, this section shall be inoperative in that county with respect to those members. In any event, the election made pursuant to subdivision (b) of Section 31510, the provisions of subdivisions (c), (d), (e), (f), and (h) of Section 31510, and the provisions of Section 31510.3 shall remain operative in that county. (Amended by Stats. 2003, Ch. 520, Sec. 2. Effective January 1, 2004.)
  149. 31510.3.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2.1. Additional Plan for Counties of the First Class [31510 - 31510.4] ( Article 2.1 added by Stats. 1989, Ch. 1300, Sec. 1. )

    Verify source ↗

    If IRS limits make the disability benefits subject to Section 415, affected employers must provide an alternate disability benefit through a separate long-term disability plan.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2.1. Additional Plan for Counties of the First Class [31510 - 31510.4] ( Article 2.1 added by Stats. 1989, Ch. 1300, Sec. 1. ) ## 31510.3. It is intended that disability benefits payable from the retirement system pursuant to Article 10 (commencing with Section 31720), in the event of the member’s termination of employment for disability, are compensation for personal injury or sickness, and therefore would not be subject to the limitations set forth in Section 415 of the Internal Revenue Code of 1986. If the Internal Revenue Service rules that the disability benefits are subject to those limitations, any employer which is subject to this article shall provide an alternate disability benefit equal to the decrease in the disability benefit caused by application of those limitations, through a long-term disability plan which shall be separate from the retirement system. The terms of that long-term disability plan shall be mutually agreed to by the employer and employee representatives and adopted by the board of supervisors. (Added by Stats. 1989, Ch. 1300, Sec. 1. Effective October 1, 1989.)
  150. 31510.4.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2.1. Additional Plan for Counties of the First Class [31510 - 31510.4] ( Article 2.1 added by Stats. 1989, Ch. 1300, Sec. 1. )

    Verify source ↗

    The board may set a different regular-interest rate for prior-plan contributions tied to members in plan F if needed to keep plan F from changing contribution rates.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2.1. Additional Plan for Counties of the First Class [31510 - 31510.4] ( Article 2.1 added by Stats. 1989, Ch. 1300, Sec. 1. ) ## 31510.4. It is intended that the maintenance of plan F not affect the rate of either member or employer contributions to the retirement system. The board may set a rate of regular interest credited to contributions to the prior plan made with respect to members participating in plan F that is different than the rate of regular interest credited to contributions made with respect to members not participating in plan F, if necessary to effectuate that intent. (Added by Stats. 1989, Ch. 1300, Sec. 1. Effective October 1, 1989.)
  151. 31511.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2.6. Alternative Plan for Counties of the 13th Class [31511 - 31511.11] ( Article 2.6 added by Stats. 1985, Ch. 1480, Sec. 1. )

    Verify source ↗

    This section names the retirement plan as Retirement Plan 3 and says it applies to qualifying counties of the 13th class only if the board of supervisors signs a memorandum of understanding with employee representatives and adopts the required resolution.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2.6. Alternative Plan for Counties of the 13th Class [31511 - 31511.11] ( Article 2.6 added by Stats. 1985, Ch. 1480, Sec. 1. ) ## 31511. (a) The retirement plan created by this article shall be known as Retirement Plan 3. (b) This article shall be applicable in the retirement system of any county of the 13th class as described by Sections 28020 and 28034, if the board of supervisors executes a memorandum of understanding agreement with employee representatives and adopts, by majority vote, a resolution providing that the article shall be applicable. (c) The purpose of this article is to provide a noncontributory retirement plan for general members as an alternative to the provisions and benefits otherwise contained in this chapter. (d) The retirement benefits of (1) all general members employed after the date this article is made operative and (2) existing general members who transfer to the plan herein created, shall be governed by this article. (e) In the event of a conflict, this article shall supersede and prevail over other provisions or application of provisions otherwise contained in this chapter. (f) Except as otherwise provided below, the provisions contained in this chapter shall apply: (1) Article 10 (commencing with Section 31720) shall not apply. (2) Article 16.5 (commencing with Section 31870) shall not apply. (g) Article 15 (commencing with Section 31830) shall only be applicable for service retirement. Those provisions of Article 15 (commencing with Section 31830) dealing with disability retirement and the requirement relating to the deposit of accumulated member contributions shall not apply. (h) Except as otherwise provided, any member who upon retirement receives a retirement pension calculated in accordance with sections or provisions added to this article subsequent to the effective date of this article shall have his or her pension calculated under each such section or provision only for the period of time that those sections or provisions were in effect, unless otherwise mutually agreed between the employer and its employee representatives. (i) Unless specifically otherwise provided therein, no amendment to this article enacted subsequent to the effective date of this article shall apply to any county or to the employees of any county unless and until mutually agreed to by the employer and employee representatives and adopted by majority resolution of the board of supervisors. (Added by Stats. 1985, Ch. 1480, Sec. 1.)
  152. 31511.1.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2.6. Alternative Plan for Counties of the 13th Class [31511 - 31511.11] ( Article 2.6 added by Stats. 1985, Ch. 1480, Sec. 1. )

    Verify source ↗

    This section defines several retirement terms and requires county boards of supervisors subject to the article to establish a defined contribution retirement plan.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2.6. Alternative Plan for Counties of the 13th Class [31511 - 31511.11] ( Article 2.6 added by Stats. 1985, Ch. 1480, Sec. 1. ) ## 31511.1. Unless the context otherwise requires, the definitions contained in this section govern the construction of this article. (a) “Board” means the board of retirement. (b) “Employer” means the county or district or agency whose employees are members of the retirement system of the county. (c) “Federal system” means the Old Age and Survivors Insurance provisions of the Social Security Act. (d) “Member” or “general member” means an employee hired on a permanent basis, as defined by the employer, except an employee eligible for safety membership. (e) “Primary insurance amount” means the monthly retirement benefit payable under the federal system at the normal retirement age. (f) “Service” means the period of employment of a member and the time in which a member or former member (1) is totally disabled, and (2) is receiving disability benefits or is eligible to receive disability benefits either during or after any elimination or qualifying period, under a long-term disability plan provided by the employer. Except as otherwise herein provided, a member shall not be credited with service for any period of time in which the member is absent from work without pay. Unless otherwise provided, service shall not include military service or public service other than service with the employer. (g) “Final compensation” means the average annual compensation earnable by a member during any three years elected by a member at or before the time he or she files an application for retirement, or, if he or she fails to elect, during the three years immediately preceding his or her retirement. If a member has less than three years of service, his or her final compensation shall be determined by dividing his or her total compensation by the number of months of service credited to him or her and multiplying by 12. The board of supervisors of any county subject to this article shall establish a defined contribution retirement plan authorized by Section 401 of the United States Code or a similar plan authorized by the United States Code. (Added by Stats. 1985, Ch. 1480, Sec. 1.)
  153. 31511.10.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2.6. Alternative Plan for Counties of the 13th Class [31511 - 31511.11] ( Article 2.6 added by Stats. 1985, Ch. 1480, Sec. 1. )

    Verify source ↗

    The board of retirement must create a position with specified experience and must set up and run a communication program for employees.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2.6. Alternative Plan for Counties of the 13th Class [31511 - 31511.11] ( Article 2.6 added by Stats. 1985, Ch. 1480, Sec. 1. ) ## 31511.10. (a) The board of retirement shall establish a position whose qualifications shall include experience in administration and communication of defined benefit plans and defined contribution plans and whose duties shall include management of the plan or plans adopted pursuant to this article and reporting to the county treasurer and the director of personnel. (b) The board of retirement shall establish and implement a comprehensive communication program to educate employees regarding the benefits available under this article and Social Security. (Added by Stats. 1985, Ch. 1480, Sec. 1.)
  154. 31511.11.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2.6. Alternative Plan for Counties of the 13th Class [31511 - 31511.11] ( Article 2.6 added by Stats. 1985, Ch. 1480, Sec. 1. )

    Verify source ↗

    County officials must set up and run a defined contribution retirement plan for covered county employees, and eligible employees must participate.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2.6. Alternative Plan for Counties of the 13th Class [31511 - 31511.11] ( Article 2.6 added by Stats. 1985, Ch. 1480, Sec. 1. ) ## 31511.11. (a) The board of supervisors of any county subject to this article shall establish a defined contribution retirement plan authorized by Section 401 of the Internal Revenue Code of 1954 or a similar plan authorized by the Internal Revenue Code of 1954. (b) Any full-time employee of the county who is hired by the county on or after the operative date of this article in that county and has completed 6 months of credited full-time service with the county or any member who elects to transfer to the retirement plan created by this article shall participate in the plan. (c) The county shall partially or fully match the contributions of the employee on the basis mutually agreed to by the board of supervisors and the employee representatives. (d) The right of the employee to benefits derived from employee contributions vests upon the commencement of the participation by the employee in the plan. (e) The right of the employee to benefits derived from matching employer contributions vests 100 percent after five years of full-time service with the county. (f) Upon termination of the employment of an employee whose benefits derived from employer contributions are not vested, benefits derived from the contributions of the employee shall be refunded to the employee and the matching contributions of the employer shall be credited to reduce future employer contributions or to pay expenses of the plan. (g) The defined contribution plan shall accept rollover contributions from other plans to the extent authorized by federal law. (h) The plan shall be administered in accordance with subdivision (k) of Section 401 of the United States Code. (Added by Stats. 1985, Ch. 1480, Sec. 1.)
  155. 31511.2.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2.6. Alternative Plan for Counties of the 13th Class [31511 - 31511.11] ( Article 2.6 added by Stats. 1985, Ch. 1480, Sec. 1. )

    Verify source ↗

    General members make no contributions under this plan, and members who transfer to the new retirement plan keep specified retirement benefits.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2.6. Alternative Plan for Counties of the 13th Class [31511 - 31511.11] ( Article 2.6 added by Stats. 1985, Ch. 1480, Sec. 1. ) ## 31511.2. (a) There shall be no general members’ contributions under the plan created by this article. (b) No refund shall be made to any member who elects to transfer to the retirement plan created by this article of the member’s accumulated contributions. A member who elects to transfer to the retirement plan established pursuant to this article shall receive: service credit toward vesting under the other retirement plan; a pension from the other retirement plan based upon his or her credited service on the day prior to the operative date of the transfer to the retirement plan established pursuant to this article; and a pension from the retirement plan established pursuant to this article based upon service credited on and after the operative date of the transfer to the retirement plan established pursuant to this article. (Added by Stats. 1985, Ch. 1480, Sec. 1.)
  156. 31511.3.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2.6. Alternative Plan for Counties of the 13th Class [31511 - 31511.11] ( Article 2.6 added by Stats. 1985, Ch. 1480, Sec. 1. )

    Verify source ↗

    Certain absences or terminations do not break service continuity for eligible employees or disability beneficiaries, and approved unpaid leave is not treated as an interruption of service.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2.6. Alternative Plan for Counties of the 13th Class [31511 - 31511.11] ( Article 2.6 added by Stats. 1985, Ch. 1480, Sec. 1. ) ## 31511.3. (a) Absence from work or termination of employment while an eligible employee or disability beneficiary, as defined by the long-term disability plan provided by the employer, shall not be considered as breaking the continuity of service. (b) For the purposes of subdivision (b) of Section 31511.4, an unpaid leave of absence which has been approved by the employer, shall not be considered an interruption of service. However, the period of time of unpaid leave shall not be considered as service in calculating the retirement benefits otherwise provided under this article. (Added by Stats. 1985, Ch. 1480, Sec. 1.)
  157. 31511.4.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2.6. Alternative Plan for Counties of the 13th Class [31511 - 31511.11] ( Article 2.6 added by Stats. 1985, Ch. 1480, Sec. 1. )

    Verify source ↗

    The board must retire eligible members, and members become vested after 10 years of service. Vested members may apply for normal retirement at normal retirement age or early retirement at age 55, and the employer must certify service and final compensation.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2.6. Alternative Plan for Counties of the 13th Class [31511 - 31511.11] ( Article 2.6 added by Stats. 1985, Ch. 1480, Sec. 1. ) ## 31511.4. (a) Retirement of a member who has met the requirements for age and service shall be made by the board, at which time the member becomes a retired member. (b) Any member who has completed 10 years of service shall be vested under the retirement plan created by this article. (c) Any vested member who has attained normal retirement age may be retired upon filing with the board a written application on a form provided by the board for normal retirement setting forth the desired effective retirement date. For purposes of this article, normal retirement date means the first day of the month coincident with or next following the member’s normal retirement age. For purposes of this article, normal retirement age means: For Persons Born Normal Retirement Age 1937 or before 65 1938 65 and 2 months 1939 65 and 4 months 1940 65 and 6 months 1941 65 and 8 months 1942 65 and 10 months 1943–1954 66 1955 66 and 2 months 1956 66 and 4 months 1957 66 and 6 months 1958 66 and 8 months 1959 66 and 10 months 1960 and later 67. (d) Any vested member who has attained the age of 55 years may be retired upon filing with the board a written application on a form provided by the board for early retirement setting forth the desired effective retirement date. (e) The normal retirement pension for a member who has attained normal retirement age shall consist of an annual allowance payable in monthly installments for the life of the retired member equal to: 2.333 percent of his or her final compensation multiplied by the number of years of service to the preceding completed month to which the member is entitled to be credited at retirement, but not to exceed 30 years; reduced by 2.166 percent of the estimated primary insurance amount, if any, multiplied by the number of years of service to the preceding completed month to which the member is entitled to be credited at retirement, but not to exceed 30 years, multiplied by a fraction, the numerator of which is the number of years of service with the employer subject to coverage under the federal system, but not to exceed 30 years, and the denominator of which is 30. (f) The early retirement pension shall consist of an annual allowance payable in monthly installments for the life of the retired member in an amount which is the actuarial equivalent of the normal retirement pension to which the retired member would be entitled if otherwise eligible for normal retirement, which shall be computed by multiplying the normal retirement pension by the early retirement adjustment factor set forth, based on the number of years and months by which the member’s early retirement date precedes the member’s normal retirement date, in the following tables: Early Retirement Adjustment Factors Months Years 0 1 2 3 4 0 1 2 3 4 5 6 7 8 9 10 11 12 1.0000 0.9333 0.8667 0.8000 0.7333 0.6667 0.6333 0.6000 0.5667 0.5333 0.5000 0.4667 0.4333 0.9944 0.9278 0.8611 0.7944 0.7278 0.6639 0.6306 0.5972 0.5639 0.5306 0.4972 0.4639 0.4306 0.9889 0.9222 0.8556 0.7889 0.7222 0.6611 0.6278 0.5944 0.5611 0.5278 0.4944 0.4611 0.4278 0.9833 0.9167 0.8500 0.7833 0.7167 0.6583 0.6250 0.5917 0.5583 0.5250 0.4917 0.4583 0.4250 0.9778 0.9111 0.8444 0.7778 0.7111 0.6556 0.6222 0.5889 0.5556 0.5222 0.4889 0.4556 0.4222 Early Retirement Adjustment Factors Months Years 5 6 7 8 0 1 2 3 4 5 6 7 8 9 10 11 12 0.9722 0.9056 0.8389 0.7722 0.7056 0.6528 0.6194 0.5861 0.5528 0.5194 0.4861 0.4528 0.4194 0.9667 0.9000 0.8333 0.7667 0.7000 0.6500 0.6167 0.5833 0.5500 0.5167 0.4833 0.4500 0.4167 0.9611 0.8944 0.8278 0.7611 0.6944 0.6472 0.6139 0.5806 0.5472 0.5139 0.4806 0.4472 0.4139 0.9556 0.8889 0.8222 0.7556 0.6889 0.6444 0.6111 0.5778 0.5444 0.5111 0.4778 0.4444 0.4111 Early Retirement Adjustment Factors Months Years 9 10 11 12 0 1 2 3 4 5 6 7 8 9 10 11 12 0.9500 0.8833 0.8167 0.7500 0.6833 0.6417 0.6083 0.5750 0.5417 0.5083 0.4750 0.4417 0.4083 0.9444 0.8778 0.8111 0.7444 0.6778 0.6389 0.6056 0.5722 0.5389 0.5056 0.4722 0.4389 0.4056 0.9389 0.8722 0.8056 0.7389 0.6722 0.6361 0.6028 0.5694 0.5361 0.5028 0.4694 0.4361 0.4028 0.9333 0.8667 0.8000 0.7333 0.6667 0.6333 0.6000 0.5667 0.5333 0.5000 0.4667 0.4333 0.4000 (g) The board, upon the advice of the actuary, shall establish and adjust, as required, the table of estimated primary insurance amounts, which shall be utilized in computing the retirement benefit. For purposes of this article, the primary insurance amount shall be estimated based on the employee’s age as of the date of retirement or the date of termination of a vested member, whichever is applicable, and the employee’s earnings, provided that: (1) An employee’s earnings prior to the first day of service with the employer shall be assumed to have been zero, and (2) An employee’s earnings during the period of service shall include only those earnings paid by the employer, and (3) For those members who have not attained the normal retirement age under the federal system as of the date of retirement (i) future earnings in employment covered by the federal system shall be assumed to continue at the rate of pay received by the employee from the employer as of the date of retirement or the date of termination of a vested member, whichever is applicable, and (ii) future wage bases, as defined by the federal system, shall be assumed to continue at the wage base in effect in the year of retirement or the year of termination of a vested member, whichever is applicable, and (iii) cost-of-living increases in the year of retirement and delayed retirement credit provided under the federal system shall not be included in the calculation of the estimated primary insurance amount. (h) The employer shall certify the years of service to be credited at retirement and the final compensation to be utilized in computing the normal and early retirement pension. (i) Notwithstanding subdivision (e), any retired member receiving a normal retirement pension may present evidence required by the board of the retired member’s actual primary insurance amount. For purposes of this subdivision, the actual primary insurance amount shall be the amount payable under the federal system on the retired member’s date of retirement without regard to delayed retirement credit or any deductions on account of work or any reductions on account of early retirement. Following receipt of that evidence, the board shall adjust the retired member’s pension from the date of retirement to equal the amount of the pension to which he or she would have been entitled on that date had the estimated primary insurance amount equaled the actual primary insurance amount. (j) All part-time and intermittent employees of a county which elects to be subject to this article shall not be eligible to participate in the retirement plans provided by this article. (Added by Stats. 1985, Ch. 1480, Sec. 1.)
  158. 31511.5.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2.6. Alternative Plan for Counties of the 13th Class [31511 - 31511.11] ( Article 2.6 added by Stats. 1985, Ch. 1480, Sec. 1. )

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    A surviving spouse benefit may not be paid if the member had not met the minimum age and service credit requirements for service retirement when they died.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2.6. Alternative Plan for Counties of the 13th Class [31511 - 31511.11] ( Article 2.6 added by Stats. 1985, Ch. 1480, Sec. 1. ) ## 31511.5. Notwithstanding any other provision of this chapter to the contrary, no surviving spouse benefit shall be paid to a surviving spouse of a member who at the time of death had not met the minimum age and service credit requirements for service retirement. (Added by Stats. 1985, Ch. 1480, Sec. 1.)
  159. 31511.6.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2.6. Alternative Plan for Counties of the 13th Class [31511 - 31511.11] ( Article 2.6 added by Stats. 1985, Ch. 1480, Sec. 1. )

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    General members may transfer to the retirement plan created by this article within set time windows, if they file a proper application with the board, and the transfer is irrevocable.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2.6. Alternative Plan for Counties of the 13th Class [31511 - 31511.11] ( Article 2.6 added by Stats. 1985, Ch. 1480, Sec. 1. ) ## 31511.6. General members may, within 180 days of the operative date of this article, elect to transfer to the retirement plan created by this article upon proper application executed by the member and filed with the board. Furthermore, any general member who does not elect to transfer during this 180-day period, may elect to transfer within the 30 days prior to any annual anniversary of the operative date of this article. Such a transfer is voluntary and shall be irrevocable. (Added by Stats. 1985, Ch. 1480, Sec. 1.)
  160. 31511.7.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2.6. Alternative Plan for Counties of the 13th Class [31511 - 31511.11] ( Article 2.6 added by Stats. 1985, Ch. 1480, Sec. 1. )

    Verify source ↗

    Until the next regularly scheduled actuarial survey is completed, the board sets the employer contribution rate for the plan, based on the actuary’s recommendation.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2.6. Alternative Plan for Counties of the 13th Class [31511 - 31511.11] ( Article 2.6 added by Stats. 1985, Ch. 1480, Sec. 1. ) ## 31511.7. Until the completion of the next regularly scheduled actuarial survey of the retirement system, the employer contribution rate required to finance the plan created by this article shall be established by the board, upon the recommendation of the actuary. (Added by Stats. 1985, Ch. 1480, Sec. 1.)
  161. 31511.8.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2.6. Alternative Plan for Counties of the 13th Class [31511 - 31511.11] ( Article 2.6 added by Stats. 1985, Ch. 1480, Sec. 1. )

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    The board must make an annual cost-of-living determination and adjust certain retirement and death allowances each April 1, subject to a 5% yearly cap and limits on decreases.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2.6. Alternative Plan for Counties of the 13th Class [31511 - 31511.11] ( Article 2.6 added by Stats. 1985, Ch. 1480, Sec. 1. ) ## 31511.8. The board shall before April 1 of each year determine whether there has been an increase or decrease in the cost of living as provided in this section. Notwithstanding Section 31481 or any other provision of this chapter (commencing with Section 31450), every retirement allowance, optional death allowance, or annual death allowance payable to or on account of any member of the plan created by this article who retires at or beyond normal retirement age or dies shall, as of April 1st of each year, be increased or decreased by a percentage of the total allowance then being received found by the board to approximate to the nearest one-half of 1 percent the percentage of annual increase or decrease in the cost of living as of January 1st of each year as shown by the then current Bureau of Labor Statistics Consumer Price Index for All Urban Consumers for the Los Angeles-Anaheim-Long Beach area, but such change shall not exceed 5 percent per year; however, the amount of any cost-of-living increase or decrease in any year which is not met by the maximum annual change of 5 percent in allowances shall be accumulated to be met by increases or decreases in allowances in future years; except that no decrease shall reduce the allowance below the amount being received by the member or his or her beneficiary on the effective date of the allowance. No adjustment shall be made in the retirement allowance of a member who retires prior to attaining normal retirement age until the member attains normal retirement age. (Added by Stats. 1985, Ch. 1480, Sec. 1.)
  162. 31511.9.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2.6. Alternative Plan for Counties of the 13th Class [31511 - 31511.11] ( Article 2.6 added by Stats. 1985, Ch. 1480, Sec. 1. )

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    Covered employers must provide employee disability benefits through a separately administered long-term disability plan.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2.6. Alternative Plan for Counties of the 13th Class [31511 - 31511.11] ( Article 2.6 added by Stats. 1985, Ch. 1480, Sec. 1. ) ## 31511.9. (a) An employer which is subject to this article shall provide disability benefits for its employees through a long-term disability plan which shall be separate from and administered separately from the retirement plans authorized by this article and all other retirement plans. (b) The long-term disability plan shall consist of a separate trust which shall be funded utilizing a level cost method and employer contributions. No employee shall be required to make any employee contribution to the long-term disability plan. (c) The board of supervisors shall contract for the resolution of the issue of disability. The board of supervisors shall establish an appeals board to which a member who is aggrieved by a decision of the administrator may appeal. (d) Any member permanently incapacitated for the performance of duty, regardless of age or years of service, shall receive disability benefits as follows: (1) for not to exceed two years; (2) for any time after the expiration of the two-year period specified in subdivision (a) if, and only if the member is unable to perform the duties of any occupation for which the member is qualified by reason of training or experience. (e) The disability benefit shall be 50 percent of the final compensation of the member reduced by any Social Security benefits, workers’ compensation benefits, and earnings from any employment other than employment which is part of a rehabilitation program. (Added by Stats. 1985, Ch. 1480, Sec. 1.)
  163. 31515.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2.7. General Limitations [31515 - 31517] ( Article 2.7 added by Stats. 1995, Ch. 558, Sec. 2. )

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    This section says the Legislature intends to include provisions that limit certain public retirement benefits and address how salary and benefit increases affect county retirement system funding. It also says the chapter may be cited as the Responsibility in Pensions Act of 1995.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2.7. General Limitations [31515 - 31517] ( Article 2.7 added by Stats. 1995, Ch. 558, Sec. 2. ) ## 31515. It is the intent of the Legislature to specifically include in the County Employees Retirement Law of 1937 provisions of law that limit public retirement benefits, other than health benefits, for the members of the legislative bodies of counties and districts and provisions respecting the impact of salary and benefit increases upon the funding status of county retirement systems. This chapter shall be known and may be cited as the Responsibility in Pensions Act of 1995. (Added by Stats. 1995, Ch. 558, Sec. 2. Effective January 1, 1996.)
  164. 31515.5.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2.7. General Limitations [31515 - 31517] ( Article 2.7 added by Stats. 1995, Ch. 558, Sec. 2. )

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    County boards must publicly disclose salary and benefit increases at a regular board meeting, put the notice on the agenda, and include the financial impact before the increase is adopted.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2.7. General Limitations [31515 - 31517] ( Article 2.7 added by Stats. 1995, Ch. 558, Sec. 2. ) ## 31515.5. The board of supervisors, in compliance with Section 23026, shall make public, at a regularly scheduled meeting of the board, all salary and benefit increases that affect either or both represented employees and nonrepresented employees. Notice of any salary or benefit increase shall be included on the agenda for the meeting as an item of business in compliance with the requirements of Section 54954.2. Notice shall occur prior to the adoption of the salary or benefit increase, and shall include an explanation of the financial impact that the proposed benefit change or salary increase will have on the funding status of the county employees’ retirement system. The board of retirement, or board of investments in a county in which a board of investments has been established pursuant to Section 31520.2, is authorized, consistent with its fiduciary duties, to have an enrolled actuary prepare an estimate of the actuarial impact of the salary or benefit increase. The actuarial data shall be reported to the board of supervisors. Nothing in this section shall be construed to limit or lessen the requirement imposed by Section 7507 that the costs associated with increases in benefits be determined by an enrolled actuary and publicly disclosed two weeks prior to an adoption of the increase in benefits. (Added by Stats. 1995, Ch. 558, Sec. 2. Effective January 1, 1996.)
  165. 31516.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2.7. General Limitations [31515 - 31517] ( Article 2.7 added by Stats. 1995, Ch. 558, Sec. 2. )

    Verify source ↗

    The board of supervisors must get an enrolled actuary’s statement on the actuarial impact on future annual costs before increasing benefits, and those costs must be made public at least two weeks before the increase is adopted.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2.7. General Limitations [31515 - 31517] ( Article 2.7 added by Stats. 1995, Ch. 558, Sec. 2. ) ## 31516. The board of supervisors, in compliance with Section 7507, shall secure the services of an enrolled actuary to provide a statement of the actuarial impact upon future annual costs before authorizing increases in benefits. An “enrolled actuary” means an actuary enrolled under Sections 1241 and 1242 of Title 29 of the United States Code and “future annual costs” shall include, but not be limited to, annual dollar increases or the total dollar increases involved when available. The future annual costs as determined by the actuary shall be made public at a public meeting at least two weeks prior to the adoption of any increases in benefits. (Added by Stats. 1995, Ch. 558, Sec. 2. Effective January 1, 1996.)
  166. 31517.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2.7. General Limitations [31515 - 31517] ( Article 2.7 added by Stats. 1995, Ch. 558, Sec. 2. )

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    County legislative body members may not receive retirement benefits greater than nonsafety employees, and they may not stack multiple benefits above the most generous nonsafety schedule for concurrent service except in a narrow full-time separate-agency case.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 2.7. General Limitations [31515 - 31517] ( Article 2.7 added by Stats. 1995, Ch. 558, Sec. 2. ) ## 31517. (a) Notwithstanding any other provision of this chapter, as provided in Section 53060.1, the benefits of any member of a legislative body of any county or district shall be no greater than that received by nonsafety employees of that public agency. In the case of agencies with different benefit structures, the benefits of members of the legislative body shall not be greater than the most generous schedule of benefits being received by any category of nonsafety employees. (b) Notwithstanding any other provision of this chapter, members of the legislative body of a county or district shall not be eligible to accrue multiple benefits greater than the most generous schedule of benefits being received by any category of nonsafety employees from two or more public agencies for concurrent service except in the case of a member who serves as a regular full-time employee in a separate public agency. (c) This section shall be applicable to any member of a legislative body whose first service commences on and after January 1, 1995. (Added by Stats. 1995, Ch. 558, Sec. 2. Effective January 1, 1996.)
  167. 31520.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Retirement Board [31520 - 31543] ( Article 3 added by Stats. 1947, Ch. 424. )

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    The board of retirement manages the retirement system, subject to stated exceptions, and the section sets out how the board is composed and how some members are chosen and serve.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Retirement Board [31520 - 31543] ( Article 3 added by Stats. 1947, Ch. 424. ) ## 31520. Except as otherwise delegated to the board of investment and except for the statutory duties of the county treasurer, the management of the retirement system is vested in the board of retirement, consisting of five members, one of whom shall be the county treasurer. The second and third members of the board shall be active members of the association elected by it within 30 days after the retirement system becomes operative in a manner determined by the board of supervisors. The fourth and fifth members shall be qualified electors of the county who are not connected with county government in any capacity, except one may be a supervisor and one may be a retired member, and shall be chosen by the board of supervisors. The first persons chosen as the second and fourth members shall serve for two years from the date the system becomes operative and the third and fifth members shall serve for a term of three years from that date. Thereafter the terms of office of the four elected members are three years. As used in this section “active member” means a member in the active service of a county, district, or superior court and a “retired member” means a member, including a member under former Section 31555, retired for service or disability. (Amended by Stats. 2002, Ch. 784, Sec. 188. Effective January 1, 2003.)
  168. 31520.1.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Retirement Board [31520 - 31543] ( Article 3 added by Stats. 1947, Ch. 424. )

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    This section sets the county retirement board’s membership, selection methods, terms, and the alternate seventh member’s rights and participation rules.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Retirement Board [31520 - 31543] ( Article 3 added by Stats. 1947, Ch. 424. ) ## 31520.1. (a) In any county subject to Articles 6.8 (commencing with Section 31639) and 7.5 (commencing with Section 31662.2), the board of retirement shall consist of nine members and one alternate, one of whom shall be the county treasurer. The second and third members of the board shall be members of the association, other than safety members, elected by those members within 30 days after the retirement system becomes operative in a manner determined by the board of supervisors. The fourth, fifth, sixth, and ninth members shall be qualified electors of the county who are not connected with the county government in any capacity, except one may be a supervisor, and shall be appointed by the board of supervisors. A supervisor appointed as a member of the retirement board may not serve beyond his or her term of office as supervisor. The seventh member shall be a safety member of the association elected by the safety members. The eighth member shall be a retired member elected by the retired members of the association in a manner to be determined by the board of supervisors. The alternate member shall be that candidate, if any, for the seventh member from the group under Section 31470.2 or 31470.4, or any other eligible safety member in a county if there is no eligible candidate from the groups under Sections 31470.2 and 31470.4, which is not represented by a board member who received the highest number of votes of all candidates in that group, and shall be referred to as the alternate seventh member. If there is no eligible candidate there may not be an alternate seventh member. The first person chosen as the second and fourth members shall serve for a term of two years beginning with the date the system becomes operative, the third and fifth members shall serve for a term of three years beginning with that date, and the sixth, seventh and alternate seventh members shall serve for a term of two years beginning on the date on which a retirement system established by this chapter becomes operative. The eighth and ninth members shall take office as soon as practicable for an initial term to expire concurrent with the expiration of the longest remaining term of an elected member. Thereafter, the terms of office of the elected, appointed, and alternate seventh members are three years, except as provided in Section 31523. (b) The alternate seventh member provided for by this section shall vote as a member of the board only if the second, third, seventh, or eighth member is absent from a board meeting for any cause, or if there is a vacancy with respect to the second, third, seventh, or eighth member, the alternate seventh member shall fill the vacancy until a successor qualifies. The alternate seventh member shall sit on the board in place of the seventh member if a member of the same service is before the board for determination of his or her retirement. (c) The alternate seventh member shall be entitled to both of the following: (1) The alternate seventh member shall have the same rights, privileges, responsibilities, and access to closed sessions as the second, third, seventh, and eighth member. (2) The alternate seventh member may hold positions on committees of the board independent of the second, third, seventh, or eighth member and may participate in the deliberations of the board or any of its committees to which the alternate seventh member has been appointed whether or not the second, third, seventh, or eighth member is present. (Amended by Stats. 2011, Ch. 124, Sec. 1. (SB 203) Effective January 1, 2012.)
  169. 31520.11.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Retirement Board [31520 - 31543] ( Article 3 added by Stats. 1947, Ch. 424. )

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    Contra Costa County may use alternative retirement board term expiration dates if its board of supervisors adopts a resolution.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Retirement Board [31520 - 31543] ( Article 3 added by Stats. 1947, Ch. 424. ) ## 31520.11. As an alternative to the terms of office specified in Section 31520. 1, the County of Contra Costa may, if the board of supervisors adopts a resolution, have terms of office which expire as follows: Seat number 1, the treasurer, who serves on the board of retirement ex officio, and whose term of office on the retirement board expires with his or her term of office as treasurer. Seats 2, 4, and 8 expire June 30, 1992, and every three years thereafter. Seats 3, 5, and 9 expire June 30, 1993, and every three years thereafter. Seats 6, 7, and alternate expire June 30, 1994, and every three years thereafter. (Added by Stats. 1991, Ch. 1226, Sec. 7.)
  170. 31520.12.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Retirement Board [31520 - 31543] ( Article 3 added by Stats. 1947, Ch. 424. )

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    In certain counties, the board of supervisors may appoint an alternate member for specified board seats, and that alternate can act or be paid only in the situations described here.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Retirement Board [31520 - 31543] ( Article 3 added by Stats. 1947, Ch. 424. ) ## 31520.12. (a) Notwithstanding Section 31520.1, and subject to the limitations of subdivision (c), in any county subject to Articles 6.8 (commencing with Section 31639) and 7.5 (commencing with Section 31662), the board of supervisors may, by resolution adopted by majority vote, appoint an alternate member for the fourth, fifth, sixth, and ninth members. The term of office of the alternate member shall run concurrently with the term of office of the ninth member. The alternate member shall vote as a member of the board only in the event the fourth, fifth, sixth, or ninth member is absent from a board meeting for any cause. If there is a vacancy with respect to the fourth, fifth, sixth, or ninth member, the alternate member shall fill that vacancy until a successor qualifies. (b) The alternate member for the fourth, fifth, sixth, or ninth member shall be entitled to the same compensation as the fourth, fifth, sixth, or ninth member for attending a meeting, pursuant to Section 31521, whether or not the fourth, fifth, sixth, or ninth member attends the meeting. (c) If the board of supervisors appoints a supervisor as the fourth, fifth, sixth, or ninth member, an alternate member appointed pursuant to subdivision (a) may not serve as an alternate for that supervisor member unless service by an alternate member for an appointed supervisor member is approved by the majority of the electors in the county. (d) This section shall apply only to a county of the ninth class, as defined in Sections 28020 and 28030. (Added by Stats. 2005, Ch. 64, Sec. 1. Effective January 1, 2006.)
  171. 31520.13.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Retirement Board [31520 - 31543] ( Article 3 added by Stats. 1947, Ch. 424. )

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    A county board of supervisors may appoint an alternate member for specified retirement board seats, and that alternate may vote only when the regular member is absent.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Retirement Board [31520 - 31543] ( Article 3 added by Stats. 1947, Ch. 424. ) ## 31520.13. (a) Notwithstanding Section 31520.1, in any county subject to Articles 6.8 (commencing with Section 31639) and 7.5 (commencing with Section 31662), the board of supervisors may, by resolution adopted by majority vote, appoint an alternate member for the fourth, fifth, sixth, and ninth members. The term of office of the alternate member shall run concurrently with the term of office of the ninth member. The alternate member shall vote as a member of the board only in the event the fourth, fifth, sixth, or ninth member is absent from a board meeting for any cause. If there is a vacancy with respect to the fourth, fifth, sixth, or ninth member, the alternate member shall fill that vacancy until a successor qualifies. (b) The alternate member for the fourth, fifth, sixth, or ninth member shall be entitled to the same compensation as the fourth, fifth, sixth, or ninth member for attending a meeting, pursuant to Section 31521, whether or not the fourth, fifth, sixth, or ninth member attends the meeting. (c) This section shall apply only to a county of the 13th class, as defined in Sections 28020 and 28034. (Added by Stats. 2015, Ch. 38, Sec. 1. (AB 663) Effective January 1, 2016.)
  172. 31520.2.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Retirement Board [31520 - 31543] ( Article 3 added by Stats. 1947, Ch. 424. )

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    In counties where retirement system assets exceed $800,000,000, the board of supervisors may create a board of investments, and that board is responsible for all retirement system investments.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Retirement Board [31520 - 31543] ( Article 3 added by Stats. 1947, Ch. 424. ) ## 31520.2. (a) In any county in which the assets of the retirement system exceed eight hundred million dollars ($800,000,000), the board of supervisors may, by resolution, establish a board of investments. The board shall consist of nine members, one of whom shall be the county treasurer. The second and third members shall be general members of the association elected by the general membership of the association for a three-year term. The fourth member shall be a safety member elected by the safety membership of the association for a three-year term. The eighth member shall be a retired member of the association elected by the retired membership of the association for a three-year term. The fifth, sixth, seventh, and ninth members shall be qualified electors of the county who are not connected with county government in any capacity, and shall be appointed by the board of supervisors. They shall also have had significant experience in institutional investing, either as investment officer of a bank, or trust company; or as investment officer of an insurance company, or in an active, or advisory, capacity as to investments of institutional or endowment funds. The first person chosen as a fifth, sixth, or seventh member shall serve for a three-year term, the second person chosen shall serve a four-year term, and the third person chosen shall serve a two-year term. The first person appointed as the ninth member shall serve a one-year term. Thereafter, all terms of all appointed members shall be three years. (b) The board of investments shall be responsible for all investments of the retirement system. (Amended by Stats. 2011, Ch. 124, Sec. 2. (SB 203) Effective January 1, 2012.)
  173. 31520.3.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Retirement Board [31520 - 31543] ( Article 3 added by Stats. 1947, Ch. 424. )

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    A county retirement board in a 16th class county may appoint an alternate retired member, and that alternate has limited voting and vacancy-filling functions plus specified rights and compensation.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Retirement Board [31520 - 31543] ( Article 3 added by Stats. 1947, Ch. 424. ) ## 31520.3. (a) Notwithstanding Section 31520.1, the board of retirement of a county of the 16th class, as defined by Sections 28020 and 28037, as amended by Chapter 1204 of the Statutes of 1971, may, by majority vote, appoint, from a list of nominees submitted by an organization consisting solely of retired members, an alternate retired member to the office of the eighth member, who shall serve until the expiration of the current term of the current eighth member and thereafter the alternate retired member shall be elected by the retired members of the association in the same manner and at the same time as the eighth member is elected. (b) The term of office of the alternate retired member shall run concurrently with the term of office of the eighth member. The alternate retired member shall vote as a member of the board only in the event the eighth member is absent from a board meeting for any cause. If there is a vacancy with respect to the eighth member, the alternate retired member shall fill that vacancy for the remainder of the eighth member’s term of office. (c) Except as provided in subdivision (b), the alternate retired member shall be entitled to the same rights and privileges and shall have the same responsibilities and access to closed sessions as the eighth member. The alternate retired member may hold positions on committees of the board independent of the eighth member and may participate in the deliberations of the board or any of its committees to which the alternate retired member has been appointed whether or not the eighth member is present. (d) The alternate retired member shall be entitled to the same compensation as the eighth member for attending a meeting, pursuant to Section 31521, whether or not the eighth member is in attendance at those meetings. (e) (1) In the event that this section is made applicable in any county, by the appointment of an alternate eighth member, the alternate seventh member shall not sit and act for the retired member, except as described in paragraph (2). (2) If both the eighth member and the alternate retired member are not attending a meeting, the alternate seventh member may sit and act for the eighth member as described in Section 31520.1. (Amended by Stats. 2011, Ch. 124, Sec. 3. (SB 203) Effective January 1, 2012.)
  174. 31520.4.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Retirement Board [31520 - 31543] ( Article 3 added by Stats. 1947, Ch. 424. )

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    In covered counties, certain retirement board members injured or killed while performing board duties are treated as acting within the course and scope of county or district employment for benefit eligibility purposes.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Retirement Board [31520 - 31543] ( Article 3 added by Stats. 1947, Ch. 424. ) ## 31520.4. In any county with a board of retirement composed of nine members pursuant to Section 31520.1, if the second, third, seventh, or alternate seventh member of the board is injured or killed while performing his or her duties as a member of the board, that member shall be deemed to have been acting in the course and scope of his or her duties as an employee of the county or district employing the member, for the limited purpose of determining eligibility for workers’ compensation benefits or disability or death benefits from the retirement system. This section shall not be operative in any county until the board of supervisors, by resolution adopted by a majority vote, makes this section operative in that county. (Amended by Stats. 2011, Ch. 124, Sec. 4. (SB 203) Effective January 1, 2012.)
  175. 31520.5.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Retirement Board [31520 - 31543] ( Article 3 added by Stats. 1947, Ch. 424. )

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    The county retirement board may appoint an alternate retired member to serve as the eighth member, with voting, compensation, and participation limits tied to the eighth member’s presence and term.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Retirement Board [31520 - 31543] ( Article 3 added by Stats. 1947, Ch. 424. ) ## 31520.5. (a) Notwithstanding Section 31520.1, in any county subject to Articles 6.8 (commencing with Section 31639) and 7.5 (commencing with Section 31662), the board of retirement may, by majority vote, appoint, from a list of nominees submitted by a recognized retiree organization, an alternate retired member to the office of the eighth member, who shall serve until the expiration of the current term of the current eighth member. Thereafter, the alternate retired member shall be elected separately by the retired members of the association in the same manner and at the same time as the eighth member is elected. (b) The term of office of the alternate retired member shall run concurrently with the term of office of the eighth member. The alternate retired member shall vote as a member of the board only in the event the eighth member is absent from a board meeting for any cause. If there is a vacancy with respect to the eighth member, the alternate retired member shall fill that vacancy for the remainder of the eighth member’s term of office. (c) Except as otherwise provided in this section, the alternate retired member shall be entitled to the same rights and privileges and shall have the same responsibilities and access to closed sessions as the eighth member. (d) The alternate retired member may hold positions on committees of the board independent of the eighth member and may participate in the deliberations of the board or any of its committees to which the alternate retired member has been appointed whether or not the eighth member is present. (e) The alternate retired member shall be entitled to the same compensation as the eighth member for attending a meeting, pursuant to Sections 31521 and 31521.1, whether or not the eighth member is in attendance at those meetings. (f) (1) If this section is made applicable in any county, by the appointment of an alternate eighth member, the alternate seventh member shall not sit and act for the eighth member, except as described in paragraph (2). (2) If both the eighth member and the alternate retired member are not attending a meeting, the alternate seventh member may sit and act for the eighth member as described in Section 31520.1. (Amended by Stats. 2012, Ch. 178, Sec. 3. (SB 1382) Effective January 1, 2013.)
  176. 31520.6.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Retirement Board [31520 - 31543] ( Article 3 added by Stats. 1947, Ch. 424. )

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    An alternate retired member may vote as a board member in certain counties when the eighth member is present and specified other members are absent.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Retirement Board [31520 - 31543] ( Article 3 added by Stats. 1947, Ch. 424. ) ## 31520.6. Notwithstanding any provision to the contrary in Section 31520.3 or 31520.5, in any county in which there is an alternate retired member, if the eighth member is present, the alternate retired member may also vote as a member of the board in the event both the second and third, or both the second and seventh, or both the third and seventh members are absent for any cause. (Added by Stats. 2016, Ch. 134, Sec. 4. (AB 2376) Effective January 1, 2017.)
  177. 31521.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Retirement Board [31520 - 31543] ( Article 3 added by Stats. 1947, Ch. 424. )

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    The board of supervisors may authorize compensation and expenses for certain retirement board members, subject to a $100 per-meeting cap and a limit of five meetings per month.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Retirement Board [31520 - 31543] ( Article 3 added by Stats. 1947, Ch. 424. ) ## 31521. The board of supervisors may provide that the fourth and fifth members, and in counties having a board consisting of nine members or nine members and an alternate retired member, the fourth, fifth, sixth, eighth, ninth, and alternate retired members, and in counties having a board of investments under Section 31520.2, the fifth, sixth, seventh, eighth, and ninth members of the board of investments, shall receive compensation at a rate of not more than one hundred dollars ($100) for a meeting, or for a meeting of a committee authorized by the board, for not more than five meetings per month, together with actual and necessary expenses for all members of the board. (Amended by Stats. 2007, Ch. 320, Sec. 3. Effective January 1, 2008.)
  178. 31521.1.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Retirement Board [31520 - 31543] ( Article 3 added by Stats. 1947, Ch. 424. )

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    The board of supervisors may authorize compensation and expenses for certain board members, subject to county and board-composition limits.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Retirement Board [31520 - 31543] ( Article 3 added by Stats. 1947, Ch. 424. ) ## 31521.1. (a) The board of supervisors may provide that in counties having a board consisting of nine members and an alternate retired member, the fourth, fifth, sixth, eighth, ninth, and alternate retired members, and in counties having a board of investments under Section 31520.2, the fifth, sixth, seventh, eighth, and ninth members of the board of investments, shall receive compensation at a rate of not more than one hundred dollars ($100) for a meeting, or for a meeting of a committee authorized by the board, for not more than five meetings per month, together with actual and necessary expenses for all members of the board. (b) This section shall apply only in a county of the first class, as defined by Section 28020, as amended by Chapter 1204 of the Statutes of 1971, and Section 28022, as amended by Chapter 43 of the Statutes of 1961. (Amended by Stats. 2007, Ch. 320, Sec. 4. Effective January 1, 2008.)
  179. 31521.3.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Retirement Board [31520 - 31543] ( Article 3 added by Stats. 1947, Ch. 424. )

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    The board of supervisors may authorize compensation for certain retired board members who review disability retirement cases, subject to a daily cap, hourly proration, monthly hour limits, and a periodic CPI-based adjustment.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Retirement Board [31520 - 31543] ( Article 3 added by Stats. 1947, Ch. 424. ) ## 31521.3. (a) The board of supervisors may provide that the fourth, fifth, sixth, eighth, ninth, and alternate retired members of the board of retirement shall receive compensation for the review and analysis of disability retirement cases. The compensation shall be limited to the first time a case is considered by the board and shall not exceed one hundred dollars ($100) per day. The compensation shall be prorated for less than eight hours of work in a single day. (b) A board member compensated pursuant to subdivision (a) shall certify to the retirement board, in a manner specified by the retirement board, the number of hours spent reviewing disability cases each month. The number of hours compensated under this section shall not exceed 32 hours per month. (c) On or before March 31, 2010, and on or before March 31 in each even-numbered year thereafter, the compensation limit established by the board of supervisors pursuant to subdivision (a) shall be adjusted biennially by the board of retirement to reflect any change in the Consumer Price Index for the Los Angeles, Riverside, and Orange County areas that has occurred in the previous two calendar years, rounded to the nearest dollar. (d) This section shall apply only in a county of the first class, as defined by Section 28020, as amended by Chapter 1204 of the Statutes of 1971, and Section 28022, as amended by Chapter 43 of the Statutes of 1961. (Amended by Stats. 2008, Ch. 179, Sec. 103. Effective January 1, 2009.)
  180. 31522.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Retirement Board [31520 - 31543] ( Article 3 added by Stats. 1947, Ch. 424. )

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    Certain county or district employees who are elected board members must treat board service as part of their employment and generally give board duties priority. They also may not receive extra pay just because they were elected to the board.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Retirement Board [31520 - 31543] ( Article 3 added by Stats. 1947, Ch. 424. ) ## 31522. The official duties of elected board members who are employees of the county or a district shall be included as part of their county or district employment and their board duties shall normally take precedence over any other duties. The elected board members who are county or district employees shall not receive any additional compensation by virtue of their election to the board. (Repealed and added by Stats. 1998, Ch. 109, Sec. 3. Effective January 1, 1999.)
  181. 31522.1.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Retirement Board [31520 - 31543] ( Article 3 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    The retirement board, and the retirement and investment boards together, may appoint needed administrative, technical, and clerical staff.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Retirement Board [31520 - 31543] ( Article 3 added by Stats. 1947, Ch. 424. ) ## 31522.1. The board of retirement and both the board of retirement and the board of investment may appoint such administrative, technical, and clerical staff personnel as are required to accomplish the necessary work of the boards. The appointments shall be made from eligible lists created in accordance with the civil service or merit system rules of the county in which the retirement system governed by the boards is situated. The personnel shall be county employees and shall be subject to the county civil service or merit system rules and shall be included in the salary ordinance or resolution adopted by the board of supervisors for the compensation of county officers and employees. (Amended by Stats. 1979, Ch. 55.)
  182. 31522.10.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Retirement Board [31520 - 31543] ( Article 3 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    The retirement board may appoint certain officers, the county must transfer and pay for accrued leave when a county employee becomes a retirement system employee, and the section applies only in Ventura County when made applicable by board resolution.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Retirement Board [31520 - 31543] ( Article 3 added by Stats. 1947, Ch. 424. ) ## 31522.10. (a) In a county in which the board of retirement has appointed personnel pursuant to Section 31522.1, the board of retirement may appoint a retirement administrator, chief financial officer, chief operations officer, chief investment officer, chief technology officer, and general counsel. (b) Notwithstanding any other law: (1) The personnel appointed pursuant to this section shall not be county employees but shall be employees of the retirement system, subject to terms and conditions of employment established by the board of retirement. Except as specifically provided in this subdivision, all other personnel shall be county employees for purposes of the county’s employee relations resolution, or equivalent local rules, and the terms and conditions of employment established by the board of supervisors for county employees, including those set forth in a memorandum of understanding. (2) Any leave balance accrued by a county employee prior to his or her appointment as a retirement system employee pursuant to this chapter shall be transferred from the county to the retirement system. The county shall pay to the retirement system at the time that the leave is transferred an amount equal to the value of the accrued leave at that time based on the compensation paid to the employee by the county immediately before the transfer. (c) Except as otherwise provided by Sections 31529.9 and 31596.1, the compensation of personnel appointed pursuant to this section shall be an expense of administration of the retirement system, pursuant to Section 31580.2. (d) The board of retirement and board of supervisors may enter into any agreements as may be necessary and appropriate to carry out the provisions of this section. (e) Section 31522.2 is not applicable to a retirement system that elects to appoint personnel pursuant to this section. (f) This section shall apply only to the retirement system established under this chapter in Ventura County at such time as the board of retirement, by resolution, makes this section applicable in that county. (Amended by Stats. 2024, Ch. 131, Sec. 1. (SB 1189) Effective January 1, 2025.)
  183. 31522.11.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Retirement Board [31520 - 31543] ( Article 3 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    In certain counties, the retirement board may appoint specified retirement-system personnel and legal counsel; those appointees are not county employees and are subject to board-set employment terms.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Retirement Board [31520 - 31543] ( Article 3 added by Stats. 1947, Ch. 424. ) ## 31522.11. (a) In a county in which the board of retirement has appointed personnel pursuant to Section 31522.1, the board of retirement may appoint an administrator, assistant administrators, a chief investment officer, subordinate investment officers next in line of authority to the chief investment officer, senior management employees next in line of authority to the subordinate investment officers, subordinate administrators, senior management employees next in line of authority to subordinate administrators, and legal counsel. (b) Notwithstanding any other law, the personnel appointed pursuant to this section may not be county employees but shall be employees of the retirement system, subject to terms and conditions of employment established by the board of retirement. Except as specifically provided in this subdivision, all other personnel shall be county employees for purposes of the county’s employee relations resolution, or equivalent local rules, and the terms and conditions of employment established by the board of supervisors for county employees, including those set forth in a memorandum of understanding. (c) Except as otherwise provided by Sections 31529.9 and 31596.1, the compensation of personnel appointed pursuant to this section shall be an expense of administration of the retirement system, pursuant to Section 31580.2. (d) The board of retirement and board of supervisors may enter into any agreements as may be necessary and appropriate to carry out the provisions of this section. (e) Section 31522.2 is not applicable to any retirement system that elects to appoint personnel pursuant to this section. (f) This section shall apply only to Orange County. (Added by Stats. 2021, Ch. 26, Sec. 2. (AB 761) Effective January 1, 2022.)
  184. 31522.2.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Retirement Board [31520 - 31543] ( Article 3 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    County retirement boards may appoint an administrator in certain counties, and the administrator is treated as a county employee but is not subject to civil service or merit system rules.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Retirement Board [31520 - 31543] ( Article 3 added by Stats. 1947, Ch. 424. ) ## 31522.2. In a county in which the board of retirement or both the board of retirement and the board of investment have appointed personnel pursuant to Section 31522.1, the respective board or boards may elect to appoint an administrator as provided for in this section. The position of the administrator shall not be subject to county civil service or merit system rules. The person so appointed shall be a county employee and the position of administrator shall be included in the salary ordinance or salary resolution adopted by the board of supervisors for the compensation of county officers and employees. The administrator so appointed shall be directed by, shall serve at the pleasure of, and may be dismissed at the will of, the appointing board or boards. Specific charges, a statement of reasons, or good cause shall not be required as a basis for dismissal of the administrator by the appointing board or boards. This section shall not be operative in any county unless the board of supervisors, by resolution adopted by majority vote, makes this section applicable in the county. (Added by Stats. 1987, Ch. 188, Sec. 1. Effective July 23, 1987.)
  185. 31522.3.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Retirement Board [31520 - 31543] ( Article 3 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    In certain counties, the retirement board(s) may appoint assistant administrators and chief investment officers, who serve at the board’s pleasure and can be dismissed without stated cause.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Retirement Board [31520 - 31543] ( Article 3 added by Stats. 1947, Ch. 424. ) ## 31522.3. (a) In a county in which the board of retirement or both the board of retirement and the board of investment have appointed personnel pursuant to Section 31522.1, the respective board or boards may elect to appoint assistant administrators and chief investment officers as provided for in this section. The positions of the assistant administrators and chief investment officers designated by the retirement board shall not be subject to county charter, civil service, or merit system rules. The persons so appointed shall be county employees and shall be included in the salary ordinance or salary resolution adopted by the board of supervisors for the compensation of county officers and employees. The assistant administrators and chief investment officers so appointed shall be directed by, shall serve at the pleasure of, and may be dismissed at the will of, the appointing board or boards. Specific charges, a statement of reasons, or good cause shall not be required as a basis for dismissal of the assistant administrators and chief investment officers by the appointing board or boards. (b) This section shall not apply to any person who was an assistant administrator or a chief investment officer and was included in the county civil service or was subject to merit system rules on December 31, 1996. (c) This section shall only apply to a county of the third class, a county of the eighth class, a county of the 14th class, a county of the 15th class, or a county of the 18th class, as provided by Sections 28020, 28024, 28029, 28035, 28036, and 28039. (d) Notwithstanding subdivision (c), this section shall also apply to any county if the board of supervisors, by resolution adopted by majority vote, makes this section applicable in the county. (Amended by Stats. 2018, Ch. 114, Sec. 1. (SB 1270) Effective January 1, 2019.)
  186. 31522.4.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Retirement Board [31520 - 31543] ( Article 3 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    The board may appoint certain senior retirement-system personnel, and those appointees serve at the board’s pleasure rather than under county civil service or merit rules.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Retirement Board [31520 - 31543] ( Article 3 added by Stats. 1947, Ch. 424. ) ## 31522.4. (a) In a county in which the board of retirement or both the board of retirement and the board of investment have appointed personnel pursuant to Sections 31522.1 and 31522.2, the respective board or boards may elect to appoint assistant administrators, persons next in line of authority to assistant administrators, chief legal officers, chief deputy legal officers, chief investment officers, and investment officers next in line of authority to chief investment officers as provided for in this section. These positions designated by the board or boards shall not be subject to county charter, civil service, or merit system rules. The persons appointed shall be county employees and their positions shall be included in the salary ordinance or salary resolution adopted by the board of supervisors for the compensation of county officers and employees. The persons appointed shall be directed by, shall serve at the pleasure of, and may be dismissed at the will of, the appointing board or boards. Specific charges, a statement of reasons, or good cause shall not be required as a basis for dismissal of the persons so appointed by the appointing board or boards. (b) This section shall not apply to any person who was an assistant administrator, person next in line of authority to an assistant administrator, chief legal officer, chief deputy legal officer, chief investment officer, or investment officer next in line of authority to a chief investment officer and was included in the county civil service or was subject to merit system rules on December 31, 2001, unless that person consents to make this section applicable to him or her. (c) This section shall only apply to a county of the first class, as defined by Section 28020, as amended by Chapter 1204 of the Statutes of 1971, and Section 28022, as amended by Chapter 43 of the Statutes of 1961. (Added by Stats. 2001, Ch. 120, Sec. 1. Effective January 1, 2002.)
  187. 31522.5.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Retirement Board [31520 - 31543] ( Article 3 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    The board of retirement may appoint specified personnel and may make agreements with the board of supervisors. Appointed personnel are not county employees; they are employees of the retirement system.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Retirement Board [31520 - 31543] ( Article 3 added by Stats. 1947, Ch. 424. ) ## 31522.5. (a) In a county in which the board of retirement has appointed personnel pursuant to Section 31522.1, the board of retirement may appoint an administrator, an assistant administrator, a chief investment officer, senior management employees next in line of authority to the chief investment officer, subordinate administrators, senior management employees next in line of authority to subordinate administrators, and legal counsel. (b) Notwithstanding any other provision of law, the personnel appointed pursuant to this section may not be county employees but shall be employees of the retirement system, subject to terms and conditions of employment established by the board of retirement. Except as specifically provided in this subdivision, all other personnel shall be county employees for purposes of the county’s employee relations resolution, or equivalent local rules, and the terms and conditions of employment established by the board of supervisors for county employees, including those set forth in a memorandum of understanding. (c) Except as otherwise provided by Sections 31529.9 and 31596.1, the compensation of personnel appointed pursuant to this section shall be an expense of administration of the retirement system, pursuant to Section 31580.2. (d) The board of retirement and board of supervisors may enter into any agreements as may be necessary and appropriate to carry out the provisions of this section. (e) Section 31522.2 is not applicable to any retirement system that elects to appoint personnel pursuant to this section. (f) This section shall apply to the retirement system established under this chapter in San Bernardino County at such time as the board of retirement, by resolution, makes this section applicable in that county. (Amended by Stats. 2021, Ch. 26, Sec. 1. (AB 761) Effective January 1, 2022.)
  188. 31522.6.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Retirement Board [31520 - 31543] ( Article 3 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    The board may hire a third party to temporarily run the system after a catastrophic event; local administration must resume as soon as practicable, and those contracting costs are charged to investment earnings of the retirement fund.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Retirement Board [31520 - 31543] ( Article 3 added by Stats. 1947, Ch. 424. ) ## 31522.6. The board may contract with a third party to temporarily assume administration of the system if a catastrophic event destroys or severely damages the system’s administrative facilities or otherwise prevents or significantly hinders continued local administration of the system. Local administration of the system shall resume as soon as practicable. The costs of contracting with the third party for temporary administration of the system shall be a charge against the investment earnings of the retirement fund. (Added by Stats. 2004, Ch. 533, Sec. 19. Effective January 1, 2005.)
  189. 31522.7.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Retirement Board [31520 - 31543] ( Article 3 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    The San Bernardino County retirement board may appoint specified retirement-system staff and, with the board of supervisors, may make agreements to carry out this section.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Retirement Board [31520 - 31543] ( Article 3 added by Stats. 1947, Ch. 424. ) ## 31522.7. (a) In addition to the authority provided pursuant to Section 31522.5, the board of retirement in the County of San Bernardino may appoint an administrator, an assistant administrator, a chief investment officer, senior management employees next in line of authority to the chief investment officer, subordinate administrators, senior management employees next in line of authority to subordinate administrators, supervisors and employees with specialized training and knowledge in pension benefit member services, investment reporting compliance, investment accounting, pension benefit tax reporting, pension benefit financial accounting, pension law, and legal counsel. (b) Notwithstanding any other provision of law, the personnel appointed pursuant to this section may not be county employees but shall be employees of the retirement system, subject to terms and conditions of employment established by the board of retirement. Except as specifically provided in this subdivision, all other personnel shall be county employees for purposes of the county’s employee relations resolution, or equivalent local rules, and the terms and conditions of employment established by the board of supervisors for county employees, including those set forth in a memorandum of understanding. (c) Except as otherwise provided by Sections 31529.9 and 31596.1, the compensation of personnel appointed pursuant to this section shall be an expense of administration of the retirement system, pursuant to Section 31580.2. (d) The board of retirement and board of supervisors may enter into any agreements as may be necessary and appropriate to carry out the provisions of this section. (e) Section 31522.2 is not applicable if the retirement system elects to appoint personnel pursuant to this section. (f) This section shall apply only to the retirement system established under this chapter in San Bernardino County at such time as the board of retirement, by resolution, makes this section applicable in that county. (Added by Stats. 2009, Ch. 393, Sec. 1. (AB 1406) Effective January 1, 2010.)
  190. 31522.8.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Retirement Board [31520 - 31543] ( Article 3 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    Boards of retirement and boards of investments covered by this article must adopt a board-member education policy with required topics, a qualification method, a 24-hour training minimum, compliance records, and website posting.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Retirement Board [31520 - 31543] ( Article 3 added by Stats. 1947, Ch. 424. ) ## 31522.8. A board of retirement and a board of investments subject to this article shall adopt a policy for providing education to board members. The policy, at a minimum, shall do the following: (a) Identify appropriate topics for board member education, which may include, but is not limited to, the following: (1) Fiduciary responsibilities. (2) Ethics. (3) Pension fund investments and investment program management. (4) Actuarial matters. (5) Pension funding. (6) Benefits administration. (7) Disability evaluation. (8) Fair hearings. (9) Pension fund governance. (10) New board member orientation. (b) Establish a means for determining the programs, training, and educational sessions that qualify as board member education. Educational seminars sponsored by the state or national public pension fund organizations and seminars sponsored by accredited academic institutions shall be deemed to meet board member education requirements. (c) Require that all board members receive a minimum of 24 hours of board member education within the first two years of assuming office and for every subsequent two-year period the board member continues to hold membership on the board. (d) Require each board to maintain a record of board member compliance with the policy. The policy and an annual report on board member compliance shall be placed on the Internet Web site of the retirement system. (Added by Stats. 2012, Ch. 15, Sec. 1. (AB 1519) Effective January 1, 2013.)
  191. 31522.9.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Retirement Board [31520 - 31543] ( Article 3 added by Stats. 1947, Ch. 424. )

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    A county retirement board may appoint a retirement administrator and needed staff, and may let the administrator make those appointments. Appointed staff become employees of the retirement system, not county employees.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Retirement Board [31520 - 31543] ( Article 3 added by Stats. 1947, Ch. 424. ) ## 31522.9. (a) The board of retirement of a county may appoint a retirement administrator and other personnel as are required to accomplish the necessary work of the board. The board may authorize the administrator to make these appointments on its behalf. Notwithstanding any other law, the personnel so appointed shall not be county employees but shall become employees of the retirement system, subject to terms and conditions of employment established by the board of retirement, including those set forth in memoranda of understanding executed by the board of retirement and recognized employee organizations. (b) Sections 31522.1 and 31522.2 shall not apply to a retirement system that appoints personnel pursuant to this section. (c) The retirement system that appoints personnel pursuant to this section is a public agency for purposes of the Meyers-Milias-Brown Act (Chapter 10 (commencing with Section 3500) of Division 4). (d) The compensation of personnel appointed pursuant to this section shall be an expense of administration of the retirement system, pursuant to Section 31580.2, except as provided in Sections 31529.5, 31529.9, and 31596.1. (e) The board of retirement and the board of supervisors may enter into agreements as they determine are necessary and appropriate in order to carry out the provisions of this section. (f) The retirement system, upon the effective date of this section, shall retain, for a 90-day transition employment period, nonprobationary employees who, upon the effective date of this section, were covered by a county memorandum of understanding and employed by the county at the retirement system’s facilities, unless just cause exists to terminate the employees or legitimate grounds exist to lay off these employees. If during the 90-day period the retirement system determines that a layoff of these employees is necessary, the retirement system shall retain the employees by seniority within job classification. The terms and conditions of employment of the employees retained pursuant to this subdivision shall be subject to the terms and conditions established by the applicable memoranda of understanding executed by the board of retirement and the recognized employee organizations. During the 90-day transition period, probationary employees shall maintain only those rights they initially acquired pursuant to their employment with the county. (g) Subject to the employees’ rights under the Meyers-Milias-Brown Act (Chapter 10 (commencing with Section 3500) of Division 4), the retirement system, upon the effective date of this section, shall recognize as the exclusive representative of the employees retained pursuant to subdivision (f) the recognized employee organizations that represented those employees when employed by the county. The initial terms and conditions for those employees shall be as previously established by the applicable memoranda of understanding executed by the county and recognized employee organizations. (h) This section shall apply only in Contra Costa County. (Added by Stats. 2014, Ch. 244, Sec. 2. (SB 673) Effective January 1, 2015.)
  192. 31523.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Retirement Board [31520 - 31543] ( Article 3 added by Stats. 1947, Ch. 424. )

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    This section requires a retirement board to hold elections to fill certain vacancies, lets it appoint a replacement alternate member in one vacancy case, and directs the board of supervisors and clerk to skip an election when only one candidate is nominated.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Retirement Board [31520 - 31543] ( Article 3 added by Stats. 1947, Ch. 424. ) ## 31523. (a) In the event of a vacancy in the second, third, seventh, eighth, or alternate seventh member position on the board of retirement, the board shall cause an election to fill the vacancy to be held at the earliest possible date, except as provided in Sections 31520.3 and 31520.5. The vacancy in the second, third, or eighth member position on the board of retirement shall be filled for the duration of the current term except that, if the remaining portion of the current term is six months or less on the date of the election, a single election may be held to fill the vacancy for the remainder of the current term and to fill the position for the succeeding term. With respect to a vacancy in the seventh member position, candidates shall be a safety member from a group which is not represented by an incumbent alternate seventh member. With respect to the alternate seventh member position, the candidates shall be limited to the group under Section 31470.2 or 31470.4, or any other eligible safety member in a county if there is no eligible candidate from the groups under Sections 31470.2 and 31470.4 that is not represented by an incumbent seventh board member. The successful candidate shall serve for the duration of the current term. (b) If there is a vacancy with respect to the alternate retired member, the board of retirement shall, by majority vote, appoint a replacement alternate member in the same manner as prescribed in Sections 31520.3 and 31520.5 for the initial appointment of an alternate retired member, who shall serve until the expiration of the current term of the current eighth member. (c) If an election has been called on the expiration of the term of office of any member or alternate member, or to fill a vacancy for the second, third, seventh, eighth, or alternate seventh member of a board of retirement, and only one candidate has been duly nominated in accordance with the rules established for the holding of that election, the board of supervisors shall order that no election be held and shall direct the clerk to cast a unanimous ballot in favor of the candidate. (Repealed and added by Stats. 2011, Ch. 124, Sec. 7. (SB 203) Effective January 1, 2012.)
  193. 31523.1.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Retirement Board [31520 - 31543] ( Article 3 added by Stats. 1947, Ch. 424. )

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    If certain board vacancies arise, the board of investments must call an election as soon as possible; if only one candidate is nominated, the board of supervisors must cancel the election and have the clerk cast a unanimous ballot.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Retirement Board [31520 - 31543] ( Article 3 added by Stats. 1947, Ch. 424. ) ## 31523.1. (a) In the event of a vacancy in the second, third, fourth, or eighth member position on a board of investments established pursuant to Section 31520.2, the board of investments shall cause an election to be held at the earliest possible date to fill the vacancy. The vacancy in the second, third, fourth, or eighth member position shall be filled for the duration of the current term except that, if the remaining portion of the current term on the date of the election is six months or less, a single election may be held to fill the vacancy for the remainder of the current term and to fill the position for the succeeding term. (b) If an election has been called on the expiration of the term of office of any member, or to fill a vacancy for the second, third, fourth, or eighth member position of a board of investments, and only one candidate has been duly nominated in accordance with the rules established for the holding of that election, the board of supervisors shall order that no election be held and shall direct the clerk to cast a unanimous ballot in favor of the candidate. (Added by Stats. 2011, Ch. 124, Sec. 8. (SB 203) Effective January 1, 2012.)
  194. 31524.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Retirement Board [31520 - 31543] ( Article 3 added by Stats. 1947, Ch. 424. )

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    If a board member separates from county service, the member’s office becomes vacant.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Retirement Board [31520 - 31543] ( Article 3 added by Stats. 1947, Ch. 424. ) ## 31524. Separation from the service of the county of a member of the board vacates his office. (Added by Stats. 1947, Ch. 424.)
  195. 31525.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Retirement Board [31520 - 31543] ( Article 3 added by Stats. 1947, Ch. 424. )

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    The board may make regulations that are consistent with this chapter, and those regulations take effect only when approved by the board of supervisors.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Retirement Board [31520 - 31543] ( Article 3 added by Stats. 1947, Ch. 424. ) ## 31525. The board may make regulations not inconsistent with this chapter. The regulations become effective when approved by the board of supervisors. (Added by Stats. 1947, Ch. 424.)
  196. 31526.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Retirement Board [31520 - 31543] ( Article 3 added by Stats. 1947, Ch. 424. )

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    The regulations must cover board procedures, member information filing or employer submission, and annuity certificate forms.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Retirement Board [31520 - 31543] ( Article 3 added by Stats. 1947, Ch. 424. ) ## 31526. The regulations shall include provisions: (a) For the election of officers, their terms, meetings, and all other matters relating to the administrative procedure of the board. (b) For one of the following: (1) The filing of a sworn statement by every person who is or becomes a member, showing date of birth, nature and duration of employment with the county, compensation received, and other information as is required by the board. (2) In lieu of a sworn statement, the submission by the member’s employer to the retirement association of the information otherwise required in paragraph (1), in a form determined by the retirement association. (c) For forms of annuity certificates and other forms as required. (Amended by Stats. 2016, Ch. 134, Sec. 5. (AB 2376) Effective January 1, 2017.)
  197. 31527.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Retirement Board [31520 - 31543] ( Article 3 added by Stats. 1947, Ch. 424. )

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    The board may put several specified rules into its regulations, including rules on member contributions, withdrawal charges, membership timing, electronic signatures, and recorded telephone communications.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Retirement Board [31520 - 31543] ( Article 3 added by Stats. 1947, Ch. 424. ) ## 31527. In its regulations, the board may include the following provisions: (a) From what warrants deductions of members’ contributions shall be made. (b) For a period of time longer than one year during which a member may redeposit in the retirement fund an amount equal to all of the accumulated normal contributions that he or she has withdrawn, plus regular interest thereon from the date of return to service. (c) For a period of time longer than one year during which a member brought within the field of membership may pay into the retirement fund the amount equal to the contributions he or she would have made plus interest, if he or she had been a member from the date of its organization, or from the date of his or her entrance into service, whichever is later. (d) For a withdrawal charge against a member who withdraws his or her accumulated contributions. The withdrawal charge shall not exceed the interest credited to the member subsequent to the effective date of the regulation. (e) For the exemption or exclusion from membership as a peace officer member or as a safety member or from membership altogether, in the discretion of the board, of persons whose tenure is temporary, seasonal, intermittent, or for part time only, or persons whose compensation is fixed at a rate by the day or hour. (f) For the periodic physical examination, at county expense, of safety members. (g) The amount of additional deductions from the salaries or wages of members pursuant to Article 15.5 (commencing with Section 31841) or Article 16 (commencing with Section 31861). Such a provision may be adopted in anticipation of, and prior to Article 15.5 (commencing with Section 31841) or Article 16 (commencing with Section 31861) becoming operative in the particular county. (h) The day upon which each person becomes a member of the association if it is to be other than the first day of the calendar month after his or her entrance into service. However, that day shall be no later than 12 weeks after his or her entrance into service, or the day upon which the member terminates service credited by the association, and that the day shall be no earlier than 12 weeks prior to the member’s termination from employment. (i) Notwithstanding any other law, for the use and acceptance of a document requiring a signature that is submitted by a member using an electronic signature, if the document and electronic signature are submitted using technology the board deems sufficient to ensure its integrity, security, and authenticity. A document submitted pursuant to the regulation shall be given the same force as a signed, valid original document. (j) For the use of recorded telephone communications for the processing of authorized transactions affecting a member’s account, if the board approves procedures adequate to protect the member and the system. These procedures shall include adequate validation and authentication of member identity and permanent retention of recorded communication. (Amended by Stats. 2013, Ch. 778, Sec. 11. (SB 215) Effective January 1, 2014.)
  198. 31528.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Retirement Board [31520 - 31543] ( Article 3 added by Stats. 1947, Ch. 424. )

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    Board members and employees are barred from conflicted investment activities, using retirement-system funds for personal purposes, or selling covered investment products to the retirement system. Certain former officials also face a two-year post-employment restriction on paid representation before the retirement system, with an exception for the county.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Retirement Board [31520 - 31543] ( Article 3 added by Stats. 1947, Ch. 424. ) ## 31528. (a) Unless permitted by this chapter, a member or employee of the board shall not become an endorser, surety, or obligor on, or have any personal interest, direct or indirect, in the making of any investment for the board, or in the gains or profits accruing from those investments. A member or employee of the board shall not directly or indirectly, for himself or herself, or as an agent or partner of others, borrow or use any of the funds or deposits of the retirement system, except to make current and necessary payments authorized by the board. (b) A member or employee of the board shall not, directly or indirectly, by himself or herself, or as an agent or partner or employee of others, sell or provide any investment product that would be considered an asset of the fund, to any retirement system established pursuant to this chapter. (c) An individual who held a position designated in Section 31522.3, 31522.4, or 31522.5, or was a member of the board or an administrator, shall not, for a period of two years after leaving that position, for compensation, act as agent or attorney for, or otherwise represent, any other person except the county, by making any formal or informal appearance before, or any oral or written communication to, the retirement system, or any officer or employee thereof, if the appearance or communication is made for the purpose of influencing administrative or legislative action, or any action or proceeding involving the issuance, amendment, awarding, or revocation of a permit, license, grant, contract, or sale or purchase of goods or property. (Amended by Stats. 2009, Ch. 301, Sec. 8. (AB 1584) Effective October 11, 2009.)
  199. 31529.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Retirement Board [31520 - 31543] ( Article 3 added by Stats. 1947, Ch. 424. )

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    The district attorney, or the county counsel if there is one, serves as the board’s attorney.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Retirement Board [31520 - 31543] ( Article 3 added by Stats. 1947, Ch. 424. ) ## 31529. The district attorney, or the county counsel if there is one, is the attorney for the board. (Added by Stats. 1947, Ch. 424.)
  200. 31529.1.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Retirement Board [31520 - 31543] ( Article 3 added by Stats. 1947, Ch. 424. )

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    The retirement board or investment board may hire legal representation other than the county counsel for matters it specifies, but the cost cannot exceed one-hundredth of 1 percent of system assets in any budget year.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Retirement Board [31520 - 31543] ( Article 3 added by Stats. 1947, Ch. 424. ) ## 31529.1. Notwithstanding any other provision of this part, the board of retirement or the board of investment may elect to secure legal representation, on such matters as the board of retirement or the board of investment may specify, from other than the county counsel. The cost of the legal representation shall not exceed one-hundredth of 1 percent of system assets in any budget year. This section applies only to a county of the first class, as defined by Section 28020, as amended by Chapter 1204 of the Statutes of 1971, and Section 28022, as amended by Chapter 43 of the Statutes of 1961. (Added by Stats. 1992, Ch. 1047, Sec. 2. Effective January 1, 1993.)

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